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11-15-2018 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE ON THURSDAY, THE FIFTHTEENTH DAY OF NOVEMBER IN THE YEAR TWO THOUSAND AND EIGHTEEN PRESENT: Rudolph Jefferson, Chairman, Hardy District William M. McCarty, Vice -Chairman, Newport District Don G. Rosie, II, Carrsville District Joel C. Acree, Windsor District (Arrived at 5:05 p.m.) Richard L. Grice, Smithfield District ALSO IN ATTENDANCE: Robert W. Jones, Jr., Interim County Attorney Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Amber Johnson, Legal Assistant CALL TO ORDER Chairman Jefferson called the regular Board of Supervisors' meeting to order at 5:00 p.m. and welcomed all present. APPROVAL OF AGENDA/AMENDMENTS Supervisor McCarty moved that the agenda be adopted as presented. The motion was adopted unanimously (4-0) with Supervisor Acree absent from the meeting. CLOSED MEETING The following matters were identified for discussion in closed meeting by Interim County Attorney Jones: Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning a discussion regarding the appointment of specific appointees to County boards, committees or authorities; pursuant to Section 2.2-3711(A)(5) regarding a discussion concerning a prospective business where no previous announcement has been made of the business's intent to locate or expanding its facilities in the community; pursuant to Section 2.2-3711(A)(1) for consideration of prospective candidates for employment; and, pursuant to Section 2.2-3711(A)(7) concerning consultation with legal counsel pertaining to actual or probable litigation where such consultation or briefing in open would adversely affect the negotiating or litigating posture of the Board. Upon motion of Supervisor McCarty and all voting in favor (4-0) with Supervisor Acree absent, the Board entered the closed meeting for the reasons stated by Interim County Attorney Jones. Supervisor Acree arrived at the meeting. 1 Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board reconvened into open meeting. Interim County Attorney Jones reminded the Board that in accordance with Section 2-10(G) of the Board's Rules & Procedure, all those who participated in the closed meeting are reminded that all matters discussed in closed meeting are to remain confidential, as provided under the Virginia Freedom of Information Act, and that such matters as were discussed in closed meeting should not be acted upon or discussed in public by any participant unless and until a public, formal action of the Board of Supervisors is taken on that particular subject matter. Upon motion of Supervisor McCarty, the following Resolution was adopted: CERTIFICATION OF CLOSED MEETING 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: Acree, Rosie, Grice, Jefferson and McCarty NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION PLEDGE OF ALLEGIANCE Donald T. Robertson, Assistant County Administrator, delivered the invocation and led the Pledge of Allegiance to the American Flag. CITIZENS' COMMENTS Alexander Hodges expressed concern regarding the shortage of staffing at the Animal Control office. She specifically requested more funding for a kennel assistant and administrative assistant. 2 Following Citizen's Comments, there was much discussion regarding staffing at the Animal Control facility. Major Willard of the Sheriff's Department explained many of the issues facing the Animal Control office. Supervisor McCarty requested clarification of the County policy allowing or not allowing County employees to volunteer at the shelter. Jose Hernandez expressed concern with the vehicle license fee. He specifically requested that the fee be eliminated or prorated. Following Citizen's Comments, Supervisor Grice requested that the County Administrator and the Interim County Attorney review the code and develop a prorated schedule. Herb DeGroth discussed and handed out information regarding the capacity of school buildings. Jim Henderson supported the remarks made by Mr. Hernandez. CONSENT AGENDA Supervisor McCarty moved that the following Consent Items be approved which was adopted unanimously (5-0): A. Appointments to the County Fair Committee Executive Board B. Resolution to Accept and Appropriate Virginia Division of Motor Vehicles Highway Safety Grant Funds ($25,700) for Selective Enforcement Operations in the Sheriff's Office into the FY2018-19 Operating Budget C. Resolution to Accept and Appropriate Funds from the Virginia Department of Motor Vehicles Animal Friendly License Plate Program ($750) to the Isle of Wight Humane Society for the Sterilization Programs for Dogs and Cats D. Resolution to Accept and Appropriate Funds from the Salty Southern Route "Partners" to the Tourism Departments Marketing Budget Line Item to Fund the Expenses for the Multi -jurisdictional Thematic Driving Trail ($14,000) E. Resolution to Accept and Appropriate a Virginia Litter Prevention & Recycling Grant from the Virginia Department of Environmental Quality ($9,651) for the County's Isle Be Green Litter Prevention and Recycling Program F. Resolution to Accept and Appropriate Family Partnership Meeting Incentive Funds from the Virginia Department of Social Services (VDSS - $5,400) to the FY2018-19 Social Services Fund 3 G. Resolution to Accept & Appropriate 2018 School Security Equipment Grant Program Funds ($100,OOO) for the Purchase and Installation of Security Equipment at Smithfield High School and Smithfield Middle School to the School's Technology Category H. Resolution to Appropriate Bond Interest Revenue in the amount of $50,000 from the Series 2012 Bond Proceeds to the Public Works Capital Maintenance Line Item to Acquire Trash Compactors REGIONAL AND INTER -GOVERNMENTAL REPORTS Supervisor Acree reported on items discussed at the Hampton Roads Technical Advisory Committee and the Hampton Roads Transportation Planning Organization. Supervisor Acree reported on items discussed at the Special Education Advisory Committee for the School Division. Supervisor McCarty reported on items discussed at the Western Tidewater Regional Jail Board and Hampton Roads Planning District Commission meetings. APPOINTMENTS Supervisor McCarty moved that Jim Montgomery be appointed to the Board of Building Appeals representing the Newport District. The motion was unanimously adopted (5-0). Supervisors Rosie moved that Jane March be appointed to the Commission on Aging representing the Carrsville District. The motion was unanimously adopted (5-0). COUNTY ATTORNEY'S REPORT Interim County Attorney Jones presented a Quitclaim Deed from the School Board to the Board for .19 acres of land which is located at the turn lane on Route 258/Main Street for the County's acceptance. Supervisor Acree moved that the Board approve a Quitclaim Deed transferring property owned by the School Board to the Board of Supervisors (tax map #21-01- 052). The motion was unanimously (5-0) adopted. Interim County Attorney Jones advised that he is currently reviewing the Board's by-laws and that a recommendation will be forthcoming that includes an invocation policy. Supervisors Jefferson and McCarty expressed a willingness to aid in the review process before a full recommendation is made to the Board. 4 Interim County Attorney Jones advised that he will also be reviewing the by-laws of all County boards and commissions to incorporate citizens comments and an invocation policy. Interim County Attorney Jones commented on a citizen request from Ms. Jackmon at the Board's October meeting who requested that the Board redistrict those on Grace Street in Smithfield so they can all vote in the same Smithfield district. He advised that that Board does not have the authority to redistrict; however, he encouraged the Board to be active in the next redistricting process. SPECIAL PRESENTATIONS Greg Grootendorst, Hampton Roads Planning District Commission, provided an overview of the Hampton Roads Regional Benchmarking Study. The Board took a recess and reconvened. PUBLIC HEARINGS A. Application of Jeremy H. and Lucy M. Kooiman, owners, for an exception to the Chesapeake Bay Preservation Area ordinance under Article 5, Section 5002 to place a 16 by 16 square feet garden shed in the Resources Protection Area (RPA) and to allow for a mitigation landscaping reduction at 214 Shivers Mill Lane, Carrollton. Kim Hummel, Environmental Planner, presented an overview of the application. Chairman Jefferson opened the public hearing and called for those in favor or in opposition to speak. Jeremy H. Kooiman, owner, requested approval of his application to replace a shed that will match his house in style and materials. He also asked for credit for an additional 807 square feet of pervious area created and advised he is willing and proposing to perform additional mitigation as spelled out in the Water Quality Impact Statement dated October 18, 2018. He advised that all rain water from the shed will be diverted to a third additional retention dry well. He requested that no further restrictions be placed on the property. Chairman Jefferson closed the public hearing and called for comments by the Board. Amy Ring, Director of Planning & Zoning, advised that County Stormwater Division staff have reviewed the additional documentation submitted by Mr. Kooiman and determined that further documentation is necessary in order to ensure that the Kooiman's plan meets the stormwater criteria for pervious pavers. She advised if 5 the determination is considered pervious, the owner will need to record a Perpetual Maintenance Agreement. Supervisor Grice motioned that the information provided by Mr. Kooiman at this meeting be reviewed by staff and returned to the Planning Commission for further review for a more informative recommendation to the Board. The motion was unanimously adopted (5-0). B. Ordinance to Amend and Reenact the Following Sections of the Isle of Wight County Code, Appendix B, Zoning: Article III, Use Types, Article IV, Zoning Districts and Boundaries, and Article V, Supplementary Use Regulations, for the Purpose of Including Family Burial Plots as a Permitted Use in the Rural Agricultural Conservation Zoning District and to Permit the Use of Shipping Containers as Accessory Storage Structures in Residential and Commercial Zoning Districts. Ms. Ring provided an overview of the proposed amendments to the Zoning Ordinance which are recommended by staff as a result of their annual review of the ordinance and from their experience in the daily administration of the ordinance. Chairman Jefferson opened the public hearing and called for those in favor or in opposition to speak. No one appeared and spoke in favor or in opposition. Chairman Jefferson closed the public hearing and called for comments by the Board. Supervisor Rosie moved that the following Ordinance amendments be adopted, which was unanimously approved 5-0j: An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting the Following Articles of Appendix B, Zoning: Article III, Use Types; Article IV, Zoning Districts and Boundaries; and Article V, Supplementary Use 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 the following Articles of Appendix B, Z Zoning, of the Isle of Wight County Code be amended and reenacted as follows: Article III. - Use Types. Sec. 3-1000. - Purpose. The purpose of the use types is to establish a classification system for land uses and a consistent set of terms defining uses permitted within various zoning districts. The use types section also facilitates the process of determining the applicable use type of any activity not clearly within any defined use type. The use type categories are as follows: agricultural, residential, civic, office, commercial, industrial, and miscellaneous. (7-7-05; 7-19-18.) Sec. 3-1001. - Interpretation. A. In the event of any question as to the appropriate use type of any existing or proposed use or activity, the administrator shall have the authority to determine the appropriate use type. In making such determination, the zoning administrator shall consider the operational and physical characteristics of the use in question. In addition, the administrator shall consider the specific requirements of the use in common with those included as examples of use types. Those examples, when included in use type descriptions, are intended to be illustrative, as opposed to exclusive lists. The administrator may also determine that a proposed use or activity is sufficiently different from any use type listed below and will require an amendment to the text of this ordinance. B. The zoning administrator shall make such determinations of appropriate use types in writing, which shall include an explanation of the reasons for the determination. C. A determination of the zoning administrator may be appealed to the board of zoning appeals pursuant to the procedures for administrative appeals outlined in section 1- 1019, provisions for appeals, variances and interpretations. (7-7-05; 7-I9-18.) Sec, 3-2000. - Agricultural use types. Agricultural crop service tower and antenna.\ A structure on which an antenna or dish is installed as part of an agricultural operation. Agricultural farm equipment sales and service. The sale or rental of new and/or used farm, forestry, and construction equipment, displayed and sold on the premises. This definition also includes repair and service of such equipment. Agricultural farm product processing, warehousing and distribution service.',. Facility where farm products are brought in from other farms not owned by the facility owner or operator where the products are kept for storage, processing and/or distribution, including refrigerated warehousing. This definition shall include cotton gins, peanut buying stations, granaries, and soybean buying stations, but shall not include the storage and/or processing or distribution of livestock. Agricultural feed seed and farm supply service.''. An establishment where feed, seed, animal and agricultural supplies are primarily sold in bulk quantities. Agricultural service/agent.`. An establishment primarily engaged in providing services specifically to the agricultural community which is not directly associated with a farm operation. Included in this use type would be servicing of agricultural equipment, independent equipment operators, and other related agricultural services. Agriculture.\ The use of land for the production of food and fiber, including horticulture, hydroponics, truck gardens, cultivation of field crops, nurseries, orchards, viticulture, livestock operations, dairy farms, and the use of heavy cultivating machinery, and irrigation machinery. This definition shall also include the following uses as accessory uses: grain dryers and related structures, the storage of fertilizer, the storage of petroleum, agricultural service towers and antennas, and the repair of personal farming equipment. Agri tourism.",. Any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, h including farming, wineries, breweries, ranching, historical, cultural, harvest -your -own activities, or natural activities and attractions, regardless of whether or not the participant paid to participate in the activity. (See article IV, (zoning district and boundaries), part 2A, (agritourism), section 2A003, (agritourism activities) for a list of permitted activities.) Aquaculture.'% Land or activities devoted to the hatching, raising, harvesting and breeding of fish, shellfish and aquatic plants for sale. Aquaculture, waterfront business.%. Commercial waterfront activities devoted to the hatching, raising, harvesting and breeding of fish, shellfish and aquatic plants for sale. This use shall also include a commercial fishing pier open to the general public. Commercial feedlot. A lot, yard, structure, corral or other area subject to any applicable regulations administered and enforced by the Virginia Department of Environmental Quality in which livestock is confined, primarily for the purpose of feeding, growing, raising, holding, and birthing, prior to slaughter or sale. Included in this description are commercial feedlots, commercial poultry houses, and other similar intensive livestock operations. Fair, agricultural.''~ Public event usually outside where agricultural goods, exhibits, and farm animals are shown and sold, and where there is often food and entertainment. Family Burial Plot.l A private burial ground limited to persons related by blood or marriage. Farm employee housing.%. A manufactured home, Class A or B, as defined under residential use types, located on a farm for the purpose of housing an employee of that farm operation and his/her family. Also included in this use type would be multifamily dwelling(s) for seasonal employees in connection with an agricultural use, which relies on seasonal employees who must be housed. Farmer's market.`. A market held in a structure or open area for the sale of seasonal produce such as meat, fish, fruits, vegetables, flowers and plants. Forestry operation, silvicultural and/or timbering.'-,. The development or maintenance of a forest or woodland area under a forest management plan. Included are establishments in the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or other silvicultural activities, as defined in Article 10.1, Section 1181.1 of the Code of Virginia. Greenhouse, commercial.%. See "garden center" listed under commercial use types. Greenhouse, private.%. The growing and storage of garden plants, shrubs, trees, flowers, vegetables, and other horticultural and floricultural products within a building whose roof and sides are made of glass or other transparent or translucent material. Items grown are used andior consumed by the occupants of the premises. Livestock auction market.%. A commercial establishment wherein livestock is collected for sale and auction. Reptile breeding \ Activities devoted to breeding a wide variety of reptiles, including turtles, snakes and Iizards to pet or commercial markets. Roadside stand.%. See "wayside stand." Sawmill, private.\ A facility used on a temporary or permanent basis where logs or partially processed cants produced from the property are sawn, split, shaved, stripped, chipped or otherwise processed to produce wood products exclusively for the personal use of the owner or occupant of the property. Stable, commercial.'. The boarding, breeding or raising of horses or ponies not owned by the owner or occupant of the property or riding of horses by other than the owner or occupant of the property and their non-paying guests. Included in this definition are riding academies. A stable/tack shop is also included in this use type as an accessory use. Stable, private.', The keeping, breeding or raising of horses or ponies exclusively for the personal use and enjoyment of the owner or occupant of the property or the riding of horses or ponies by the owner or occupant of the property and their guests. Viticulture.''~ The cultivation and study of grapes and grapevines. 9 Wayside stand.%. A structure erected on the occupant's nronerty used for the sale of agricultural or horticultural produce, livestock or merchandise produced owner or his family. (7-7-05; Ord. No. 2011-11-C, 7-7-11; Sec. 3-3000. - Residential use types. on the farm by the 9-17-15; 7-19-18.) Accessory apartment.%. An accessory dwelling unit on the same lot as a single-family detached dwelling or a commercial use that is clearly incidental and subordinate to the main use or a separate, complete dwelling unit that is substantially contained within the structure of, and clearly secondary to, a single-family dwelling. Apartment house.'-. See "multifamily dwelling." Boathouse.\ An accessory structure which is constructed either wholly or partially over a body of water, which is designed primarily to provide shelter for water craft or for marine related equipment, for the personal enjoyment of the occupants of the property. Community recreation.''~ A recreational facility for use solely by the residents and guests of a particular residential development, planned unit development, or residential neighborhood, including indoor and outdoor facilities. These facilities are proposed or planned in association with development and are usually located within or adjacent to such development. Such uses may include clubhouses, swimming pools, workout facilities, and tennis courts. Condominium.\ A building or group of buildings containing three (3) or more residential units in which the units are owned individually and the structure, common areas and facilities are owned by all of the owners on a proportional, undivided basis and which has been created by the recordation of condominium instrument pursuant to the provision of Chapter 4.2 of Title 55 of the Code of Virginia. Congregate housing' A type of housing in which each individual or family has a private bedroom or living quarters but shares with other residents a common dining room, recreational room, or other facilities. Dwelling, multifamily conversion.\ A multifamily dwelling containing not more than four (4) dwelling units and results from the conversion of a single building containing at least two thousand (2,000) square feet of floor area that was in existence on the effective date of this ordinance and that was originally designed, constructed and occupied as a single-family residence. Dwelling, single-family.\ A one -family dwelling unit which is surrounded on all sides by yards or other open pace located on the same lot and which is not attached to any other dwelling by any means. Dwelling, single-family, farm \ A one -family dwelling unit which is surrounded on all sides by yard or other open space located on the same lot and which is not attached to any other dwelling by any means, and is located on a lot or parcel containing at least ten (10) acres. Dwelling, two-family.''. A structure arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units on the same lot. This use also includes duplexes. Family day care home.'% A child day care program offered in the residence of the provider or in the residence of any of the children being cared for and serving six (6) through twelve (12) children under the age of thirteen (13), exclusive of the provider's own children and any children who reside in the home, when at least one (1) child receives care for compensation. Caring for five (5) or less children shall be considered babysitting as a home occupation. Group home.'% A residential facility, as defined in Section 15.2-2291 of the Code of Virginia, in which no more than eight (8) mentally ill, mentally retarded, or developmentally disabled persons reside, with one (1) or more resident or non-resident staff persons which will be considered as residential occupancy by a single family. Mental illness and developmental disability shall not include current illegal use or addiction to a controlled substance as defined in Section 54.1-3401 of the Code of Virginia. Any use not meeting the definition of "group home" a herein stated, shall require a special use permit pursuant to section 1-1018 of this ordinance. Guest house!. Dwelling or lodging units for a temporary nonpaying guest or guests in a separate accessory building. Home occupation, Type L`. An accessory use of a residence for gainful employment involving the provision of goods and/or services in accordance with subsection 5-5002.1, and which affords the greatest degree of protection to surrounding residents in those areas which are developing and becoming more suburban in nature. 9 Home occupation, Type II.`% An accessory use to a residence for gainful employment involving the provision of goods and/or services in accordance with subsection 5-5002.1, and which are associated with the more traditional agricultural and forestry related activities found in the rural areas. Kennel, private!. The keeping, breeding, raising, showing or training of dogs for personal enjoyment of the occupants of the property, and for which commercial gain is not the primary objective. Manufactured home, Class A.'-% A manufactured home, commonly referred to as a "doublewide," constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect as the time of construction. Manufactured home, Class B.% A manufactured home, commonly referred to as a "singlewide," constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction. Manufactured home, Class C.'--. Any manufactured home, usually consisting of a "singlewide," but also includes "doublewide", constructed before July 1, 1976. Manufactured home, family member residence., A manufactured home, Class B located on a lot or parcel with an existing single-family dwelling. The inhabitant of the manufactured home is a family member of the owner of the existing single-family dwelling. Manufactured home, temporary residence.`. A manufactured home, Class B (singlewide) used temporarily during the construction, repair or renovation of a permanent residential structure on a single lot or parcel. Manufactured home park.''. A residential use in which more than one (1) manufactured home is located on a single lot or tract of land. Manufactured home subdivision.\ A subdivision especially designed and improved to accommodate manufactured homes and in which lots are sold for occupancy by manufactured homes. Multifamily dwelling.`. A building or portion thereof, which contains three (3) or more dwelling units for permanent occupancy, regardless of the method of ownership. Included in the use type would be garden apartments, low and high-rise apartments, and apartments for elderly housing. Temporary emergency housing.'-% A manufactured home, Class B or recreational vehicle used temporarily for a period of reconstruction or replacement of an uninhabitable dwelling lost or destroyed by fire, acts of nature or used temporarily as housing relief to victims of declared disaster. Townhouse.%. A grouping of two (2) or more attached single-family dwellings in a row in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more common fire-resistant walls. (7-7-05; 7-17-14; 12-15-14; 7-19-18.) Sec. 3-4000. - Civic use types. Administrative service \ Governmental officials providing administrative, clerical or public contact services that deal directly with the citizen. Typical uses include federal, state and county offices. Adult care center.'--. A facility that provides care to adults during part of the day only and which includes personal supervision of the adults and promotes social, physical, and emotional well-being through companionship, self -education and leisure time activities. Assisted living facility.\ Any congregate residential setting that provides personal and health care services, twenty -four-hour supervision, meals, housekeeping and assistance (scheduled or unscheduled) for the maintenance, or care of four (4) or more adults who are aged, infirm or disabled and who are cared for in a primarily residential setting. Residents are primarily in good health and are in need of residential care rather than medical treatment. Cemetery.\ A place used for interment of human or animal remains or cremated remains, including a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments, or a combination thereof. 10 Cemetery, animal. A parcel of land or portion thereof, buildings, and/or structures used for the interring of animal remains. Cemetery, church \ A parcel of land or portion thereof, buildings, and/or structures, owned and operated by a church, used for the interring of human remains. Cemetery, private.'-% A parcel of land or portion thereof, buildings, and,'or structures, privately owned and operated, used for the interring of human remains. Cemetery, public.\ A parcel of land or portion thereof, buildings, and/or structures, owned and operated by the county, state, or federal government, used for the interring of human remains. Child care center.%. A child day program offered to two (2) or more children under the age of thirteen (13) in a facility that is not the residence of the provider or of any of the children in care. Child care institution.'. Any institution maintained for the purpose of receiving children for full-time care, maintenance, protection and guidance separated from their parents or guardians. This shall not include primary or secondary educational facilities or summer camps. Club.', A use providing meeting, or social facilities for social clubs, fratemalisororal organizations, lodge, and similar organizations and associations, primarily for use by members and guests. Recreational facilities, unless otherwise specifically cited in this section, may be provided for members and guests as an accessory use. This definition excludes hunt clubs and dance halls, which are defined separately. Community center.' A place, structure, or other facility used for providing civic and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community. This use can also be referred to as a convention or civic center. Correctional facility.', A publicly or privately operated use providing housing and care for individuals legally confined, designed to isolate those individuals from the community. Crisis center.''% A facility providing temporary protective sanctuary for victims of crime or abuse, and homelessness including emergency housing during crisis intervention for individuals, such as victims of rape, child abuse, or physical beatings. Cultural service.%. A library, museum, or similar public or quasi -public use displaying, preserving and exhibiting objects of community and cultural interest in one (1) or more of the arts or sciences. Such uses shall include, but are not limited to, libraries, museums, art galleries, and art centers. Educational facility, college/university.''. An educational institution authorized by the Commonwealth of Virginia to award associate, baccalaureate or higher degrees. Educational facility, primary:secondary.`. A public, private or parochial school offering instruction at the elementary, junior and/or senior high school levels in the branches of learning and study required to be taught in the public schools of the Commonwealth of Virginia. Halfway house.\ An establishment providing accommodations, rehabilitation, counseling, and supervision to persons suffering from alcohol or drug addiction or similar disorders, and/or to persons re-entering society after being released from a correctional facility or other institution. Life care facility.\ A residential facility primarily for the continuing care of the elderly, providing for transitional housing progressing from independent living in various dwelling units, with or without kitchen facilities, and culminating in nursing home -type care, where all related uses are located on the same lot. Such facility may include other services integral to the personal and therapeutic care of the residents. Modular classroom.-.. Portable, prefabricated buildings which are constructed off site and used as temporary facilities in relation to expanding educational facilities. Nursing home! A facility whose primary function is to provide nursing and health -related services for the treatment and inpatient care of two (2) or more unrelated individuals, including facilities known as convalescent homes, skilled nursing facilities or skilled care facilities, intermediate care facilities, extended care facilities and nursing or nursing care facilities. A hospice is also included in this use. Excluded from this use type is any facility providing surgical or emergency medical services and facilities providing care for alcoholism, drug addiction, mental disease, or communicable disease. Park and ride facility.%. A publicly owned, short-term parking facility for commuters. 11 Post office.\ Postal services directly available to the consumer operated by the United States Postal Service. Public sports/event facility.'. Facilities owned and operated by a government or quasi - government agency accommodating public assembly for sports, amusements, or entertainment purposes. Typical uses include auditoriums, sports auditorium, convention facilities, fairgrounds, and incidental sales and exhibition facilities. Public maintenance and service facility.`. A government owned or operated facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and similar activities. Public park and recreational area. Government owned and operated park, picnic area, playground, indoor or outdoor athletic facility, game preserve and open space. Public safety service.\ Facility for the conduct of safety and emergency services for the primary benefit of the public, whether publicly or privately owned and operated, including police and fire protection services, emergency medical and ambulance services, and helicopter landing sites. Religious assembly.', A use providing regular organized religious worship and related incidental activities within or out of a structure including accessory uses, such as day care facilities, but not including educational facilities, primary and secondary. Rehabilitation service.`. A use providing recuperative or similar services for persons requiring rehabilitation assistance as a result of physical, mental illness, alcoholism, detention, drug addiction, or similar conditions for only part of a twenty-four-liour day. Transit station.%. A passenger station for vehicular, and rail mass transit systems, including facilities providing maintenance and service for the vehicles operated in the transit system. Included in this definition are buses, taxis, railway, etc. Utility service/major.\ A service of a regional nature which normally entails the construction of new buildings or structures such as generating plants and sources, electrical switching facilities and stations or substations, community wastewater treatment plants, and water supply and production in excess of fifty thousand (50,000) gallons per day. Included in this definition are also electric, gas and other utility transmission lines of a regional nature that are not otherwise reviewed and approved by the Virginia State Corporation Commission. Utility service/minor.\ A service which is necessary to support development within the immediate vicinity and involve only minor structures. Included in this use type are distribution lines and small facilities that are underground or overhead, such as transformers, relay and booster devices, remote switching stations, well water, and sewer pump stations. (7-7-05; 5-27- 10; Ord. No. 2012-10-C, 10-18-12; 3-20-14; 7-17-14; 11-17-16; 7-19-18.) Sec. 3-5000. - Office use types. Financial institution. Provision of financial and banking services to consumers or clients. Walk-in/drive-in services to consumers are generally provided on site. Typical uses include banks, savings and loan associations, saving banks, credit unions and lending establishments. General office.' Use of a site for business, professional, or administrative offices, excluding medical offices. Typical uses include real estate, insurance, management, travel or other business offices; organization and association offices; or law, architectural, engineering, accounting or other professional offices. Laboratory.\ Establishment primarily engaged in performing research or testing activities into technological matters. Typical uses include engineering and environmental laboratories, medical, optical, dental and forensic laboratories, x-ray services, and pharmaceutical laboratories only involved in research and development. Excluded are any laboratories which mass produce one (1) or more products directly for the consumer market. Medical office.%. Use of a site for facilities which provide diagnoses, minor surgical care and outpatient care on a routine basis, but which does not provide overnight care or serve as a base for an ambulance stop. Medical offices are operated by doctors, dentists, or similar practitioners licensed by the Commonwealth of Virginia. Such uses shall not exceed ten thousand (10,000) square feet of floor area. (7-7-05; 7-19-18.) Sec. 3-6000. - Commercial use types. Adult entertainment establishment.%. An establishment having a substantial or significant portion of its stock in trade books, magazines and other periodicals which are distinguished or 12 characterized by their emphasis on matter depicting, describing or related to "specified sexual activities" or "specified anatomical areas," or an establishment with a segment or section devoted to the sale or display of such material. This use includes any adult bookstore, adult mini -motion - picture theater, adult picture theater, cabaret, drug paraphernalia store, and internet sweepstakes cafe. Auction establishment!. A structure or enclosure where goods are sold by auction on a recurring basis. Expressly excluded from this use are non -recurring auctions of property, possessions, estates, and other items located at the premises where the auction is being conducted. Bed and breakfast.'. A dwelling or portion thereof, in which lodging is provided by the owner or operator who resides on the premises. This use offers short-term lodging rooms and meals for transient guests, none of who remain for more than fourteen (14) consecutive nights each. This definition shall include the term tourist home. Boarding house.-. A single-family dwelling unit, or part thereof, with three (3) or more rooms that are rented individually or collectively by long-term residents (at least month -to -month tenants) as opposed to overnight or weekly guests. A boarding house may make provisions for serving meals. Boat repair yard.-. See "marina" listed under commercial use types. Boating and fishing facilities.'. Facilities catering to the general public, whether an admission is charged or not, where provisions are made for fishing from the shoreline or from a pier and/or launching or rental of boats are available on -site. Business support service.`, Establishment or place of business engaged in the sale, rental or repair of office equipment, supplies and materials, or the provision of services used by office, professional and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, mail and packaging stores, as well as temporary labor services. Business or trade school.%. A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as an educational facility, either primary and secondary, or college and university, or as a home occupation. Campground.%. Any site, lot, parcel or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and recreational equipment, recreational vehicles, and which is primarily used for recreational purposes and retains an open air or natural character. Campground, workforce.'. A small campground facility intended for the temporary workforce routinely required by establishments in the community for periods of up to one hundred and twenty (120) days at a time, and are intended to have only the minimum essential services necessary for recreational vehicles. Car wash.\ Washing and cleaning of vehicles. Typical uses include automatic conveyor machines and self-service car washes. Catering.'. Any establishment engaged in the preparation of food and beverages, or where food containers or supplies are kept, handled, prepared, packaged or stored for off- site distribution to individuals, events, and satellite operations. Commercial equipment repair, accessory to dwelling.",, The repair and/or maintenance of mechanical, electrical, or electronic devices and equipment, such as, computers, televisions, lawnmowers, household appliances, machine parts, and other similar devices. Commercial indoor amusement.`s Establishments which provide games of chance, skill or scoring other than an incidental use of the premises. Games would include pinball and video machines, pool and billiard tables and other similar amusement or entertainment devices, whether or not they are coin -operated, and also card games, bingo, and off-track betting. Typical uses include game rooms, pool halls, video arcades, and bingo parlors. Commercial indoor entertainment.%. Predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, drama theaters, concert or music halls. Commercial indoor sports and recreation.'. Predominantly participant uses conducted within an enclosed building. Typical uses include bowling alleys, ice and roller skating rinks, indoor 13 racquetball, squash courts, swimming, and/or tennis facilities, archery and indoor shooting ranges and similar uses. Commercial outdoor entertainment/sports and recreation.'% Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include motor vehicle, boat, motorcycle or animal racing facilities!complexes, drive-in movies, miniature golf, amphitheaters and outdoor amusement parks, motorized cart and motorcycle tracks, and motorized model airplane flying facilities. Professional and semi-professional athletic fields shall also be included in this use. Commercial outdoor swimming pool and tennis facility.\ Outdoor pools or tennis facilities operated by a commercial entity that are open to the general public usually requiring membership or some form of payment. Construction office, temporary.`. A trailer used as a temporary office during a construction operation. This use includes construction office trailers occupied in conjunction with residential or nonresidential development. Construction sales and service.%. Establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures, but specifically excluding motor vehicle or equipment supplies otherwise classified herein. Typical uses include building material stores and home supply establishments. Contractor office and storage facility.\ An establishment or place of business engaged in the construction of residential or commercial structures including trades that assist in building construction or remodeling including carpentry, electrical, masonry, painting, metalworking, flooring installation, ductwork, plumbing, heating, au conditioning, roofing, and other similar trades. Convenience store.%. Establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, limited household supplies and hardware. Crematorium.%. A location used for cremation containing properly installed, certified apparatus for this process. Dance hall.\ Any establishment open to the general public where dancing is permitted and a cover charge is directly or indirectly required for entry into the establishment. However, a restaurant licensed to serve food and beverages having a dance floor with an area not exceeding ten percent (10%) of the total floor area of the establishment shall not be considered a dance hall. Equipment sales and rental.',. Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, and similar industrial equipment. Included in this use type is the incidental storage, maintenance, and servicing of such equipment. Event center.''. A multipurpose facility with flexible indoor/outdoor space, typically used for activities such as weddings, conventions, meetings, job fairs, and trade shows. Flea market.',. Occasional or periodic commercial activities held in an open area or enclosed structure where groups of sellers rent space on a short-term basis to display, barter, or sell goods to the general public. A fee may be charged for expected buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise. A flea market is composed of semi -closed or outdoor stalls, stands, or spaces. Funeral home.', Establishments engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals. This use excludes crematorium, which is defined separately. Garden center.', Establishments engaged primarily in the retail sale of trees, shrubs, seeds, fertilizers, pesticides, plants, plant materials, and garden supplies, primarily for agricultural, residential and commercial consumers. Gasoline station.\ A facility for the retail sale of motor vehicle fuels, oils, and accessories, where repair is incidental, where no more than two (2) abandoned vehicles or other motor vehicles shall be stored on the premises. May include the sale of propane or kerosene as an accessory use. General store, country.\ A single store, the ground floor area of which is four thousand (4,000) square feet or less and which offers for sale, primarily, most of the following articles: bread, milk, cheese, candy, papers and magazines, and general hardware articles. Gasoline may also be offered for sale but only as a secondary activity of a country general store. 14 Golf course.`. A tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters. Included would be executive or par three (3) golf courses. Golf driving range.''. A limited area on which golf players do not walk, but onto which they drive golf balls from a common driving tee. Hospital.%. A building or group of buildings having room facilities for one (1) or more patients, used for providing services for the inpatient medical or surgical care of sick or injured humans and which may include related facilities such as laboratories, outpatient departments, training facilities, central service facilities, ambulance stops and helicopter landing sites, and other incidental and subordinate uses integral to hospital operations. Hospital, special care.: A special care hospital shall mean an institution rendering care primarily for patients with mentally -related illness, or under treatment for alcoholism, substance abuse, etc. Hotel.`motel/motor lodge/inn.\ A building or group of attached or detached buildings containing lodging units intended primarily for rental or lease to transients by the day or week. Such uses generally provide additional services such as daily maid service, restaurants, taverns, or public banquet halls, ballrooms, and meeting rooms and/or recreation facilities. Kennel, commercial.'. The boarding, breeding, raising, grooming or training of two (2) or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises. Laundry.'. Establishments primarily engaged in the provision of laundering, cleaning or dyeing services other than those classified as personal services. Typical uses include bulk laundry and cleaning plants, diaper services, or linen supply services. Lawn and garden services.%. Establishments primarily engaged in performing a variety of lawn and garden services, including Bermuda sprigging services, cemetery upkeep, garden maintenance, garden planting, lawn care, lawn fertilizing services, lawn mowing services, lawn mulching services, lawn seeding services, lawn spraying services, lawn sprigging services, mowing highway center strips and edges, seeding highway strips, sod laying and turf installation. Manufactured home sales.',. Establishment primarily engaged in the display, retail sale, rental, and minor repair of new and used manufactured homes, parts, and equipment. Marina.' A use for docking or mooring of more than four (4) boats (excluding paddle or rowboats) or providing services to boats, including servicing and repair, sale of fuel and supplies, and provisions of lodging, goods, beverages. A yacht or boat club shall be considered a marina. Medical clinic.'-% A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis including emergency treatment, diagnostic services, training, administration and services to outpatients, employees, or visitors. This use may include ambulance stops, helicopter landing sites, and other incidental and subordinate uses integral to providing outpatient care. This would include medical offices in excess of ten thousand (10,000) square feet of floor area. Micro -brewery, distillery, cidery.". See "Brewery, distillery, cidery" listed under industrial use types. A micro -brewery, distillery, cidery shall not exceed fifteen thousand (15,000) barrels per year in production. Mini -warehouse.' A building designed to provide rental storage space in cubicles where each cubicle has a maximum floor area of four hundred (400) square feet. Each cubicle shall be enclosed by walls and ceiling and have a separate entrance for the loading and unloading of stored goods. Motor vehicle dealership, new.'- The use of a building, land area or other premises for the display of new and used automobiles, trucks, vans, or motorcycles for sale or lease, including warranty repair work and other major and minor repair service conducted as an accessory use. Motor vehicle dealership, used.". Any lot or establishment where two (2) or more used motor vehicles, including automobiles, trucks, and motorcycles are displayed at one (1) time for sale or lease, including warranty repair work and other major and minor repair service conducted as an accessory use. Motor vehicle/outdoor storage.". The outdoor storage of operable motor vehicles, and boats. Motor vehicles in this use shall include cars, trucks, sports utility vehicles, motorcycles, boats, 15 motor homes or RVs. This use shall specifically include vehicle impound areas for operable vehicles. Motor vehicle parts/supply, retail:% Retail sales of automobile parts and accessories. Typical uses include automobile parts and supply stores which offer new and factory rebuilt parts and accessories, and include establishments which offer minor automobile repair services. Motor vehicle/rental.\ Rental of motor vehicles and light trucks and vans, including incidental parking and servicing of vehicles for rent or lease. Typical uses include auto rental agencies and taxicab dispatch areas. Motor vehicle repair service/major., Repair of construction equipment, commercial trucks, agricultural implements and similar heavy equipment, including automobiles, where major engine and transmission repairs are conducted. Typical uses include automobile and truck repair garages, transmission shops, radiator shops, body and fender shops, equipment service centers, machine shops and other similar uses where major repair activities are conducted. Motor vehicle repair service/minor.', Repair of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. Typical uses include tire sales and installation, wheel and brake shops, oil and lubrication services, automobile glass repair and similar repair and service activities where minor repairs and routine maintenance are conducted. Pawn shop.\ A use engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker and the incidental sale of such property. Personal improvement service.'k Establishment primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include driving schools, health fitness centers or gyms, reducing salons, dance studios, handicraft and hobby instruction, and baseball and basketball instruction facilities. Personal service.\ Establishment or place of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops; grooming of pets; seamstresses, tailors, or shoe repairs; florists; and laundromats and dry cleaning stations serving individuals and households, massage therapy and chiropractic services. Real estate office, temporary.`, A Class A or B manufactured home, single-family home or other structure used on a temporary basis as a real estate sales office in conjunction with residential development. Recreational vehicle sales and service.\ Retail sales of recreational vehicles and boats, including service and storage of vehicles and parts and related accessories. Restaurant, drive-in fast food.\ An establishment primarily engaged in the preparation of food and beverages, for either take-out, delivery or table service, primarily served in disposable containers at a counter, a drive -up or drive -through service facility or offers curb service. Restaurant, general. An establishment engaged in the preparation of food and beverages. This use is characterized by table service to customers in nondisposable containers. Retail sales.`. Sale or rental with incidental service of goods and merchandise for personal or household use which is not otherwise specifically described in the listing of commercial use types contained herein. Such uses include bakeries, drug stores, bookstores, furniture, gifts, hardware, grocery stores, clothing stores, and floral retail shops. Studio, fine arts.`% A building, or portion thereof, used as a place of business for visual art, which may include sculptors, artists or photographers. Tattoo parlor.'% Any establishment placing designs, letters, scrolls, figures, symbols or any other mark upon or under the skin of any person with ink or other substance resulting in the permanent coloration of the skin, including permanent makeup or jewelry, by the aid of needles or any other instrument designed to touch or puncture skin, except when performed by a medical doctor, veterinarian, registered nurse or other medical professional licensed pursuant to Title 54.1 of the Code of Virginia in the performance of professional duties. Such establishment may also perfonn body piercing. Taxidenny.\ A building where animal skins are prepared, stuffed and mounted for sale. Truck stop.\ An establishment containing a mixture of uses which cater to the traveling public and in particular motor freight operators. A truck stop might include such uses as fuel 16 pumps, restaurants, overnight accommodations, retail sales related to the motor freight industry, and similar uses. Truck terminal.'-,. See "warehousing and distribution" listed under industrial use types. Veterinary hospital/clinic.'.. Any establishment rendering surgical and medical treatment of animals. Boarding of animals shall only be conducted indoors, on a short-term basis, and shall only be incidental to such hospital/clinic use, unless also authorized and approved as a commercial kennel. Wholesale sales.-. Businesses engaged in the sale of goods primarily via mail order to other businesses andlor businesses engaged in the repackaging and resale of goods. Included in this use type are businesses that publish and operate mail order catalogues and wholesale operations that buy in large quantities for repackage or resale to mail order and internet sales customers. This use shall exclude warehousing and distribution, which is regulated as a separate use. (7-7- 05; 8-21-08; 12-18-08; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-4-C, 4-18-13; 6-19-14; 7- 17-14; 5-19-16; 11-17-16; 7-19-18.) 17 Sec. 3-7000. - Industrial use types. Abattoir or livestock processing.'k The use of land for the slaughter of livestock, including cattle, sheep, swine, goats and poultry, as a service, and from which there is sold no meat or other product of such slaughter other than materials generally considered inedible for humans and which are generated as waste and/or by-products of such slaughter, including, but not limited to, blood, bones, viscera, hides, etc., which may be sold for purposes of removal from site. Asphalt or concrete plant.\ An establishment engaged in manufacturing or mixing of paving materials derived from asphaltic mixtures of tar or establishments primarily engaged in: (1) Manufacturing Portland, natural, masonry, pozzolanic, and other hydraulic cements; (2) Acting as batch or mixing plants, producing concrete to be delivered to the customer in a plastic and unhardened state; (3) Manufacturing concrete pipe brick, and block; and (4) Manufacturing other concrete products (except block, brick, and pipe). Brewery, distillery, cidery.`.. An establishment for the production and packaging of alcoholic beverages, such as beer, liquor, cider, mead, etc., for distribution, retail or wholesale, on - premises or off -premises, and which meets all Virginia Alcoholic Beverage Control laws and regulations. The facility may include other accessory uses such as retail sales, tasting rooms, restaurants, etc., as permitted in the district and as long as the accessory uses do not exceed the primary use in floor area or value. Construction yard.'-% Establishments housing facilities of businesses primarily engaged in construction activities, including the outside storage of materials and equipment used for the business operations. Typical uses may include site work companies to include excavating and grading activities, roadway construction and utility infrastructure companies, and other heavy construction companies. Custom manufacturing.\ Establishments primarily engaged in the on -site production of goods by hand manufacturing, within enclosed structures, involving the use of hand tools, and the use of mechanical equipment commonly associated with residential or commercial uses or a single kiln. Typical uses would include pottery, cabinet or woodwork shops. Industry, Type I.\ Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products, from processed or previously manufactured materials. Included would be assembly of electrical appliances, bottling and printing plants, and the manufacturing of paint, oils, pharmaceuticals, cosmetics, solvents and other chemicals, production of items made of stone, metal or concrete. Industry, Type II. Enterprises in which goods are generally mass produced from raw materials on a large scale through use of an assembly line or similar process, usually for sale to wholesalers or other industrial or manufacturing uses. Included in this use type are industries involved in processing and/or refining raw material such as chemicals, rubber, wood or wood pulp, forging, casting, melting, refining, extruding, rolling, drawing, andior alloying ferrous metals, and the production of large durable goods such as automobiles, manufactured homes, or other motor vehicles. Industry, Type Ill.%. An establishment which has the potential to be dangerous or extremely obnoxious. Included are those in which explosives are stored, petroleum is refined, natural and liquid and other petroleum derivatives are stored and/or distributed in bulk, radioactive materials are compounded, pesticides, fertilizers and certain acids are manufactured, and hazardous waste is treated or stored as the establishment's principal activity. Landfill, industrial.''. The use of land for the legal disposal of specific industrial waste which is a by-product of a manufacturing or production process. Landfill, rubble:--. The use of land for the legal disposal of construction and demolition wastes consisting of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, metals and plastic associated with construction and wastes from land -clearing operations consisting of stumps, wood, brush, and leaves. Landfill, sanitary.',. The use of land for the legal disposal of municipal solid waste derived from households, business and institutional establishments, including garbage, trash, and rubbish, and from industrial establishments, other than hazardous wastes as described by the Virginia Hazardous Waste Regulations. flu Meatpacking.'. The processing of meat products and by-products directly from animals or offal from dead animals. Recycling center.''. A privately operated facility for the collection and storage of recyclable materials designed and labeled separately for citizens to voluntarily take source materials for recycling. Refuse and recycling center.\ A government -operated facility used for the collection of trash, garbage, and rubbish, including receptacles for the collection and storage of recyclable materials. Resource extraction.`. A use involving on -site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries, borrow pits, sand and gravel operation, mining, and soil mining. Specifically excluded from this use type shall be grading and removal of dirt associated with an approved site plan or subdivision, or excavations associated with, and for the improvement of, a bona fide agricultural use. Sawmill, commercial.\ A facility where logs or partially processed cants are sawn, split, shaved, stripped, chipped or otherwise processed to produce wood products for sale. Scrap and salvage service \ Any lot or place engaged in the storage, sale, dismantling or other processing or uses of waste materials which are not intended for reuse in their original forms. Typical uses include paper and metal salvage yards, automotive wrecking yards, junkyards, used tire storage yards, or retail and/or wholesale sales of used automobile parts and supplies. (See also the definitions of automobile wrecking yard and junkyard in section 2-1002.) Shipping container.%. Primarily a metal container used to pack, ship and store goods. On land they are kept in shipping or storage yards. Transfer station.'. Any storage or collection facility which is operated as a relay point for municipal solid waste which ultimately is transferred to a landfill. Towing service storage yard.''. An outdoor area or yard used by a tow service for the storage of inoperable, junk, or wrecked motor vehicles, with or without consent of the owner. Warehousing and distribution's Uses including storage, warehousing and dispatching of goods within enclosed structures, or outdoors. Typical uses include storage warehouses, truck terminals and moving/storage firms. (7-7-05; 12-18-06; Ord. No. 2012-10-C, 10-18-12; 6-19-14; 9-18-14; 4-21-16; 5-19-16; 7-19-18.) Sec. 3-8000. - Miscellaneous use types. Amateur radio tower.'. A structure on which an antenna is installed for the purpose of transmitting and receiving amateur radio signals erected and operated by an amateur radio operator licensed by the FCC (Federal Communications Commission). Aviation facility, commercial.%. Any area of land or water designated for the landing and take -off of scheduled aircraft flights, and any appurtenant areas designated, set aside, used or intended for use, for airport buildings or other airport facilities, rights -of -way, approach zones, together with all airport buildings and facilities. Aviation facility, general.'. Landing fields, aircraft parking and service facilities, and related facilities for operation, service, fueling, repair, storage, charter, sales, and rental of aircraft, and including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security. Aircraft includes helicopters, gyrocopters/planes, powered and nonpowered fixed -wing aircraft, hang gliders and paragliding and hot air balloons. Aviation facility, private.x Any area of land used or intended for the landing and taking -off of aircrafts for personal use of the tenant or owner of the site, not available for public use or commercial operations. Aircraft includes helicopters, gyrocopters)'plane, powered and nonpowered fixed -wing aircraft, hang gliders and paragliding and hot air balloons. Communication tower.`. A structure on which an antenna or dish is installed for the transmission, broadcasting or receiving of radio, television, radar, or microwaves, and similar types of devices. Included under this use type are aviation radio towers, and cellular phone towers. Excluded are amateur radio towers, which are described separately. Composting system, confined vegetative waste or yard.,. A facility for the manipulation of the nature aerobic process of decomposition of organic materials to increase the rate of decomposition. Exempt from this definition are the disposal of agricultural wastes on the farm on which they are generated, the creation of brush piles on the property on which the material was generated, and the use of vegetative matter and untreated ground wood products to construct berms on the property on which the material was generated. 19 Hunt club.`. Uses and structures which serve as social organization gathering spots for persons engaged in hunting and fishing. Dog kennels may be considered an accessory use. Parking facility, surface/structure.'. Use of a site for surface parking unrelated to a specific use or a parking structure which provides parking spaces together with driveways, aisles, turning and maneuvering areas, incorporated landscaped areas, and similar features meeting the requirements established by this ordinance. This use type shall not include parking facilities accessory to a permitted principal use. Reconstructed wetland.'--. A wetland constructed in a designated area which has not previously been a wetland and is isolated from existing wetlands to replace a wetland destroyed by human activity as required by a state or federal governmental authority. Shooting range, outdoor.k The use of land for archery and the discharging of firearms for the purposes of target practice, skeet and trap shooting, mock war games, or temporary competitions, such as a turkey shoot. Excluded from this use type shall be general hunting, and unstructured and nonrecurring discharging of firearms on private property with the property owner's permission. Turkey shoot.'% A temporary event consisting of a shooting gallery to test individual marksmanship where the best marksman wins a prize, usually a turkey, hence the turkey shoot. (7-7-05; Ord. No. 2013-1-C, 4-18-13; 7-17-14; 7-19-18.) Article IV. - Zoning Districts and Boundaries. Part 1. - Zoning Districts and Boundaries. Sec. 4-1000. - Districts established. The unincorporated areas of Isle of Wight County, Virginia, are hereby divided into zoning districts of such number and character as are necessary to achieve compatibility of uses within each district. Zoning districts serve to implement the goals and objectives of the Isle of Wight County Comprehensive Plan including related official plans and the other purposes of this ordinance, which are detailed in article I. (11-17-I6; 7-19-18.) Sec. 4-1001. - Purpose and intent. Isle of Wight County shall be divided into base zoning districts; special overlay districts, and planned development classifications. The districts shall be established to regulate the location of trades, industries, and buildings erected or altered for specific uses; to regulate the height and bulk of buildings hereafter erected or structurally altered; to regulate population density and the intensity of the use of lot areas; and, to regulate the areas of yards, courts, and other open spaces within and surrounding such buildings. For the purpose of this ordinance, all land and water areas in the county are hereby divided into zoning districts, which shall be designated as follows: RURAL DISTRICTS RAC RR VC Rural Agricultural Conservation District Rural Residential District Village Center District NC I Neighborhood Conservation District RESIDENTIAL DISTRICTS SE Suburban Estate District 20 ON, on COMMERCIAL DISTRICTS LC GC INDUSTRIAL DISTRICTS Suburban Residential District Urban Residential District Limited Commercial District General Commercial District LI I Limited Industrial District GI General Industrial District GIC General Industrial Conservation District A PLANNED DEVELOPMENT ZONING DISTRICTS PD-R Planned Development Residential District PD-MH Planned Development Manufactured Home Park District I PD--CP PD-MX PD-IP Planned Development Commercial Park District Planned Development Mixed -Use District Planned Development Industrial Park District SPECIAL OVERLAY DISTRICTS i HCO I I NDSO r HO FPMO (I 1-17-16; 7-19-18.) Highway Corridor Overlay District Newport Development Service Overlay District Historic Overlay District Floodplain Management Overlay District Sec. 4-1002. - Official zoning map. The location and boundaries of this ordinance are as indicated on a map entitled "Official Zoning Map of Isle of Wight County, Virginia", a copy of which shall be on file in the office of the zoning administrator. The official zoning map, with all explanatory materials thereon, is a part of this ordinance and the same shall be deemed as much part of this ordinance as if the same were fully set forth herein. (11-17-16; 7-19-18.) Sec. 4-1003. - Interpretation of zoning district boundaries. A. A district is represented by name in this ordinance and by Ietter or letter number combination or name -and -number combinations on the official zoning map. Where an area on the map is designated as a certain district, the zoning regulations pertaining to that district shall prevail. B. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the official zoning map, the following rules shall apply: 1. Boundaries shown as following or approximately following the limits of any municipal corporation shall be construed as following such limits. 21 2. Boundaries shown as following or approximately following streets shall be construed to follow the centerlines of such streets. 3. Where a boundary line is shown adjoining or coincident with a railroad, it shall be deemed to be in the center of the railroad right-of-way. Distances shown as a measure from a railroad track shall be measured from the center of the designated track. 4. Boundaries shown as following or approximately following the centerlines of streams, rivers, or other continuously flowing watercourses shall be construed as following the channel centerline of such watercourse taken at mean low water, and in the event of natural change in the location of such streams, rivers, or other watercourses, the zone boundary shall be construed as moving with the channel centerline. 5. Boundaries shown as separated from, and parallel or approximately parallel to, any'of the features listed in subsections 1. through 4. of this [sub section B., shall be construed to be parallel to such features and at such distances there from as are shown on the map. 6. Any abandoned public street shall have the adjoining zoning extended to the centerline of the road. 7. If the actual location of any street, alley, or stream varies slightly from the location as shown on the zoning map, then the actual locations shall control. 8. In unsubdivided property, unless otherwise indicated, the district boundary line on the map shall be determined by the use of the scale contained on such map. (11-17-16; 7- 19-18.) Sec. 4-1004. - Amendments to the official zoning map. A. Amendments to the official zoning map are accomplished using the same procedures that apply to other amendments to this ordinance, as set forth in article I, general provisions. B. The zoning administrator shall update the official zoning map as soon as possible after amendments to it are adopted by the board of supervisors. Upon entering any such amendment on the map, the administrator shall change the date of the map to indicate the latest revision. C. No unauthorized person may alter or modify the official zoning map. D. The zoning administrator shall keep copies of superseded prints of the zoning map for historical reference. (11-17-16; 7-19-18.) Sec. 4-1005. - Table of permissible uses. Table I Table of Permissible Uses P = Permitted, C ==; Conditional Use, (*) = Supplementary Use Regulat Use Descriptions Agricultural Crop Service Tower and Antenna (*) Agricultural Farm Equipment Sales and Service I RAC I RR I V C INC 1 SE I SR 1 UR I LC I GC 1 LI I GI I GIC I PDR I PDMH Agricultural Farm Product Processing, Warehousing and Distribution Service 1 Agricultural Feed Seed and Farm Supply Service AGRICULTURAL USE TYPES M00M C I IC MMM MMM 22 P P P P P C P P P P P P P P Agricultural P P P P P P P P Service/Agent Agriculture P P P C C C C Agritourism (See P P P 1 Part 2A) Aquaculture P P P C I I I C C C C Aquaculture, C C P C C C C Waterfront Business Commercial Feedlot { P C C P C (*) € Fair, Agricultural P C F Family Burial -Plot P Farm Employee C C C Housing (*} Farmer's Market P P P P P Forestry Operation, Silvicultural and/or P P P P P P P P P P P P P P Timbering (*) I Greenhouse, Commercial and/or Nursery P C P C C • In conjunction with residence I -T • Not in conjunction with P P P P P P P residence Greenhouse, Private I P P P P P C C C C C Livestock Auction P C C P C Market (*} (Reptile Breeding (*) C C C i Sawmill, Private (*) P Stable, Commercial i (*) • In conjunction p C C C C C i with residence r • Not in conjunction with P C C C residence Sable, Private {*) P P I C C C C i Viticulture P P P C C C C Wayside Stand {*) P P P C 23 RESIDENTIAL USE TYPES Accessory i Apartment (*} • Residential 1 Accessory P P P* C P* C C P* Apartment • Commercial , � AccessoryC P P P Apartment Boathouse (*) P P P P P P C C 4 Community CTC C C C P P Recreation (*) i Condominium {*) C P P Congregate Housing C C P P Dwelling, Multifamily C C C C C P C Conversion (*) I Dwelling, Single- P P P P P P P P � Family � Dwelling, Single- P Family, Farm Dwelling Two - C C C C P P P Family Duplex (*) i Family Day Care P P P P P P P P Home (*} � Group Home P P P P P P P C C Guest House (*} P P C C Home Occupation, P P P P P P P P P Type I (*) Home Occupation, P p C C Type II (*) Kennel, Private (*) P P Manufactured Home, Class A (*} P P C P Manufactured P P Home, Class B (*) Manufactured Home, Class C Manufactured Home, Family I P Member Residence 24 Manufactured Home, Temporary P Residence (*} Manufactured Home P i Park I F P Manufactured Home I Subdivision Multifamily C C P P Dwelling (*} Temporary Emergency Housing P P P P P P P P F Townhouse {*) C C C P P CIVIC USE TYPES Administrative P P P P P P P j Service I Adult Care Center C C C P P P P C {*) Assisted Living C C C P C Facility I I FCemetery (*) I • Animal C C C C • Church C C I C I C 1C 1C C C CI I I IC I •Private C C C C C C C • Public C C C C C C C Child Care Center C C C C C P P P C Child Care' C C C C C C Institution (*} I Club I i C Ic Ic ICICIC C P P II C Community Center -T C P P P P i (*} Correctional Facility C i C C Crisis Center C C C P P Cultural Service C C P C C C C I P I P P Educational Facility C College/University I C C C Educational Facility Primary "Secondary C C C C C C P P P P P41 Halfway House C C C I C C C C P C f Life Care Facility C C C C C C P P P P Modular Classroom P P P P P P P P P P Nursing Home(*) C I C C C C C C P P P Park & Ride Facility P C P P P P P C C Post Office P I P I C C C P P P Public Sports/Event C C C P P Facility Public Maintenance & Service Facility C C C C P P P (*} Public Park and f Recreational Area P P P P P P P P P P l * I {) Public Safety I Service P � C P C C C C P P P P P C R le ous Assembly C C C C C C C C C C {*) I Rehabilitation C PIP Service Transit Station I C CJ— C P P I P I P 1 1 Utility Service/Major {*) C i C C C C C C ', C C C C C C C Utility IP P P P P P P P P P P P P P Service/Minor (*} OFFICE USE TYPES Financial Institution f C I� I I f P P k r----- General Office C C P P P P Laboratory C P P P P Medical Office C i C I P I P I COMMERCIAL USE TYPES Adult Entertainment C ' Establishment (} I I � Auction C C C P I P P P Establishment Bed and Breakfast C C P C C CFC FC C C i Boarding House I C 1C C1 CIC IC C C i Boating and Fishing C C I C I C ICIP P KO Facilities Business Support P P C Service Business or Trade C I C C P P P P School Campground (*} C Campground, C i Workforce (*) Car Wash C I P P P P Catering C P Commercial Equipment Repair, P C P C C C ' Accessory to Dwelling (*) 1 ' Commercial Indoor C Tcp P Amusement Commercial Indoor C C P P C Entertainment ' Commercial Indoor Sports & Recreation C C C P P P C M I f ' Commercial Outdoor C C C C C Entertainment/Sports & Recreation {*} Commercial Outdoor Swimming C C C. C C C C C C C i Pool & Tennis Facility {*) Construction Office, Temporary (*} P P P I P P P P P P P P P P I P Construction Sales C P P P P & Service € FContractor Office and Storage Facility C C C P P P P M I f I Convenience Store C C C C P P f M Crematorium C C C I C ICI Dance Hall E C C C Equipment Sales and C C P P P Rental 27 Event Center C P P P Flea Market C C F C C C C Funeral Home(*) C I C I I I P I P ICI 1 Garden Center(*) C C I I P (P P P P Gasoline Station (*) C C C I C I C I C General Store, C C P C Country Golf Course (*) C I C C C I C I C I C I P - P I I I I P Golf Driving Range C C P P P Hospital C P Hospital, Special Care C C Hotel/Motel/Motor 1__ C C P C Lodge/Inn I Kennel, Commercial C TCC C C f Laundry P _FT I I I I P I C P IP P PI ___ P _F 1 -1 Lawn and Garden j Services I [Manufactured Home Sales C C Marina (*) C I C I C 1C C C C C PICIC Medical Clinic C C I P Micro -Brewery, I C P P P P i Distillery, Cidery (*) [Mini -Warehouse C I C P I P P j Motor Vehicle C P Dealership/New (*) Motor Vehicle 1--rc C Dealership/Used (*} Motor Vehicle/ C P P P j Outdoor Storage Mo or Vehicle Parts/ C P P P P Supply, Retail (*)ITH_ I f Motor Vehicle/ C P P P Rental (*) I I Motor Vehicle Repair C C P P P Service/Major (*} 00 Motor Vehicle Repair C C P P P Service/Minor (*) Pawn Shop C P P I Personal Improvement C P P C Service Personal Service C I P I P I CF__7 I Real Estate Office, P P P P P P P P P Temporary r Recreational Vehicle C C Sales & Service I Restaurant, Drive -In C C P C Fast Food (*) Restaurant, General C C C P C I Retail Sales C C P P P Studio, Fine Arts C C C I P 1 P P Tattoo Parlor C P I-P IP Taxidermy (*) P C I C P P P Truck Stop C C P P Veterinary Hospital/ P C P P P Clinic Wholesale Sales C C P P P P P I INDUSTRIAL USE TYPES Abattoir or Livestock C C P i Processin C C Asphalt or Concrete Plant(*) i Brewery, Distillery, P P P Cidery C C P P P { Construction Yard C C C P TPP Custom Manufacturing Industry, Type I C P P P j Industry, Type II C P P Industry, Type III C i C Landfill, Industrial C C C C 29 i Landfill, Rubble (*} C I1 1 1 ICIC I C [Landfill, Sanitary {*) C I Meat Packing P P Recycling Center (*) C I P P P Refuse and C C C P P P Recycling Center Resource Extraction C RC C Sawmill, C P P Commercial Scrap and Salvage C C C C Service (*) ShippingContainer C CT C C C C C P P P Towing Service C C C I Storage Yard (*} Transfer Station C C 1 1 1 1 1 1 1 1 TP P P P P P Warehousing and Distribution MISCELLANEOUS USE TYPES Amateur Radio P I P P P P P P P P P P P P FP Tower (*} � Aviation Facility, C C C Commercial (*} + Aviation Facility, C C C General (*) Aviation Facility, C C C C E Private (} Communication FC C C C C C C C C Tower (*) Composting System, Confined Vegetative C Waste or Yard ( ) Hunt Club P C Parking Facility, C C C C C Surface/Structure Reconstructed Wetland (*} p C C C C C C C C C C C P C Shooting Range, C C C { ! Outdoor * } I i 30 Turkey Shoot M (11-17-16; 7-19-18.) Part 2. - Rural Agricultural Conservation (RAC) District. Sec. 4-2001. -- General description. This district is intended to preserve and protect areas of Isle of Wight County that are presently, predominantly in agricultural use and maintain the land base necessary to support agricultural activity. This district is designed to protect the agricultural industry from sprawling residential development that displaces substantial areas of agricultural land for a small number of dwelling units. Nonfarm residents should recognize that they are located in a rural agricultural environment where the right to farm has been established as county policy. (11-17-16; 7-19-18.) Sec. 4-2002. - Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Agricultural crop service towers and antennas Agricultural farm product processing, warehousing and distribution service Agricultural service/agent Agriculture Agritourism (See Part 2A, Agritourism) Aquaculture (See Part A, Agritourism) Aquaculture, waterfront business * Commercial feedlot Fair, agricultural * Family Burial Plot Farmer's market * Forestry operation, silvicultural and/or timbering * Greenhouse, commercial and/or nursery Greenhouse, private * Livestock auction market * Sawmill, private * Stable, commercial • In conjunction with residence • Not in conjunction with a residence * Stable, private Viticulture * Wayside stand 31 B. Residential uses: * Accessory apartment • Residential accessory apartment * Boathouse Dwelling, single-family Dwelling, single-family, farm * Family day care home Group home * Guest house * Home occupation, Type I * Home occupation, Type II * Kennel, private * Manufactured home, Class A * Manufactured home, Class B * Manufactured home, family member residence * Manufactured home, temporary residence * Temporary emergency housing C. Civic uses: Administrative service Modular classroom • Park and ride facility Post office Public park and recreational area Public safety service * Utility service/minor D. Commercial uses: * Commercial equipment repair, accessory to dwelling * Construction office, temporary Lawn and garden services Real estate office, temporary * Taxidermy Veterinary hospital. -'clinic E. Miscellaneous uses: * Amateur radio tower Hunt club * Reconstructed wetland * Turkey shoot 32 (11-17-16; 7-19-18.) Sec. 4-2003. - Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017, conditional uses. An asterisk (*) indicating additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Agricultural farm equipment sales and service Agricultural feed seed and farm supply service Aquaculture waterfront business * Earm employee housing * Reptile breeding B. Residential uses: * Dwelling, multifamily conversion * Dwelling, two-family duplex C. Civic uses: * Adult care center Assisted living facility * Cemetery • Animal • Church • Private • Public * Child care institution * Child care center Club * Community center Correctional facility Crisis center Cultural service Educational facility, college/university * Educational facility, primary/secondary Halfway house Life care facility *Nursing home Public sports/event facility * Public maintenance and service facility * Religious assembly * Transit station 33 * Utility service/major D. Commercial uses: Auction establishment * Bed and breakfast Boarding house Business or trade school * Campground * Campground, workforce * Commercial indoor sports and recreation * Commercial outdoor entertainment/sports and recreation * Commercial outdoor swimming pool and tennis facility * Contractor office and storage facility Convenience store * Crematorium Equipment sales and rental Flea market Funeral home * Garden center Gasoline station General store, country * Golf course * Golf driving range * Kennel, commercial * Marina Studio, fine arts Wholesale sales E. Industrial uses: * Abattoir or livestock processing * Construction yard Custom manufacturing Industry, Type I * Landfill, industrial * Landfill, rubble * Landfill, sanitary * Recycling center Refuse and recycling center * Resource extraction 34 * Scrap and salvage service *Shipping container Transfer station Warehousing and distribution F. Miscellaneous uses: * Aviation facility, commercial * Aviation facility, general * Aviation facility, private * Communication tower Composting system, confined vegetative waste or yard * Shooting range, outdoor (11-17-16; 7-19-18.) Sec. 4-2004. - Required zoning. All proposed residential subdivisions on properties zoned RAC, other than those expressly exempted in the Isle of Wight County Subdivision Ordinance, shall require rezoning to one (1) of the following zoning classifications prior to final approval of the subdivision plat by the subdivision agent: Rural residential (RR), suburban estate (SE), suburban residential (SR), urban residential (UR), village center (VC), planned development residential (PD-R), planned development manufactured home (PD-MH), planned development mixed -use (PD-MX). A. A single tract of land may be permitted one (1) "by -right" division of land around an existing residence without rezoning, provided that the minimum lot size and setback requirements are met for the newly created lot, the residual tract meets all minimum lot size requirements, and all applicable provisions of the subdivision ordinance are met. Existing residence shall mean any residence in existence as of the date of adoption of this ordinance amendment, September 17, 2015. B. Clustering/sliding scale "by -right" provisions for single-family residential development in the rural agricultural conservation district as designated in the Isle of Wight County comprehensive plan: 1. Under the sliding scale development provision, a tract of land containing one hundred (100) contiguous acres or greater zoned Rural Agricultural Conservation will be allowed four (4) divisions. One (I) additional lot or dwelling unit will be permitted for every additional forty (40) acres encompassed by the overall tract. For example, a one hundred forty -acre tract will yield five (5) lots. Minimum permissible Iot sizes shall be encouraged so as not to allow subdivision development which is land consumptive; however, each lot must meet the minimum lot requirements for the rural agricultural conservation (RAC) district. 2. In addition to the base density permitted above, the minimum area, width and frontage of the underlying zoning district, and the following standards shall be met: • All residential lots created through the act of subdivision shall be contiguously grouped and served by one (I) point of access to county roads and shall comply with section 4-4-1 (streets) of the Isle of Wight County Subdivision Ordinance. • Residential structures in the subdivision shall be located at least one hundred (100) feet from the existing county road right-of-way and screened from the right-of-way by an existing or planted landscaped buffer. • All residential structures should be set back at least one hundred (100) feet from all active fann operations. • A central water supply system shall be provided to serve the subdivisions with over fourteen (14) lots. 35 • The maximum lot size for any new lot created shall be ten (10) acres, unless otherwise approved by the board of supervisors or required by the county health department. • Lots shall be located to preserve seventy percent (70%) of the original tract size in order to maximize continued use of the residual parcel for agricultural and silvicultural purposes. • No lot shall be designed, approved or employed for the use in which an area more than thirty percent (30%) of the prescribed minimum lot area is comprised of one (1) or more of the environmentally sensitive areas referenced in the net developable calculations of the zoning ordinance. This shall not apply to lots specifically created exclusively to preserve and maintain environmentally sensitive areas. All areas not included in lots or public street rights -of -way shall be incorporated into common open space and may be used for natural or landscaped buffers; agricultural uses including farmland and pasture not generating noxious odors such as land application of sewage sludge, ]log or poultry farms or similar uses; horticulture; recreational use; historic preservation; forests; wildlife reservations and conservation areas; private stables for personal enjoyment; or other similar use. • The common open space shall be arranged and designed so as to facilitate its use, ensure continuity of design, and preserve sensitive environmental features. Failure to achieve these goals shall be sufficient reason for the agent to deny applications for open space development plan approved or required modifications that may include loss of lots. • Recreational areas shall not abut the exterior boundary of the open space development unless entirely adjacent to a publicly owned facility or community recreation facility of an adjoining residential development. • Adequate pedestrian and bicycle facilities shall be provided which fully interconnect the development and its recreation areas both internally and with existing, planned or desirable external pedestrian and bicycle facilities. • Full plats recorded and all deeds for lots within the cluster development shall bear a statement indicating that the land is within an approved residential cluster subdivision and shall also bear a statement indicating the ownership status of the development's open space system and shall reference the covenants creating a property owners' association which shall also be recorded at the time final plats are put to record. • With approval of the planning commission, common open space within a cluster subdivision may be held by other than a property owners' association for agricultural uses including farmland, pasture, horticulture, recreational use, historic preservation, forests, wildlife reservations and conservation areas or other similar use. • Family member subdivisions shall be prohibited. Manufactured homes, Class A and B and residential accessory apartments require a conditional use permit. C. In determining the overall tract size provision, staff shall base the number of lots permitted on the following, listed in order from least to most binding: 1. On the parcel shown on the latest county tax maps with the acreage indicated in the real estate records of the commissioner of revenue's office, excluding street or road rights -of -way. 2. On documents of record in the office of the clerk of the court, which shall take precedence over the tax map information. 3. On a new or modern survey of the property by a licensed surveyor. (11-17-16; 7- 19-18.) Sec. 4-2005. - Lot size requirements. A. Minimum lot area:..... Forty thousand (40,000) square feet. 36 B. Minimum lot width (measured at the setback line):..... One hundred fifty (150) feet. C. Minimum lot frontage (measured at property front):..... One hundred twenty (120) feet. D. Minimum frontage on a cul-de-sac: ..... Seventy-five (75) feet. (11-17-16; 7-I9-18.) Sec. 4-2006. - Bulk regulations. A. Maximum building height:..... All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser. B. Minimum front yard setback: 1. Where right-of-way is > fifty (50) feet, the minimum front yard setback is sixty (60) feet from property line. 2. Where right-of-way is < fifty (50) feet, the minimum front yard setback is eighty-five (85) feet from center line of road. C. Minimum side yard setback: 1. Principle structures:..... Fifteen (15) feet (one (1) side); Thirty-five (35) feet (both sides). 2. Accessory structures:..... Fifteen (15) feet (see supplementary density and dimensional requirements, #l, accessory building requirements). D. Minimum rear yard setback: 1. Principle structures:..... Thirty-five (35) feet. 2. Accessory structures: ..... Five (5) feet. (I 1-17-16; 7-19-18.) Sec. 4-2007. - Additional regulations. 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, floodplain 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. (11-17-16; 7-19-18.) Part 2A. - Agritourism. Sec. 4-2A001. - General description. The intent of this section is to identify and encourage agritourism as an economic development activity in the county based on the county's own historical, recreational and agricultural resources. Agritourism as permitted "by right" in the rural agricultural conservation zoning district will serve to recognize and promote the entrepreneurship efforts of the local farm industry as a tourist attraction and will allow agriculturally -based properties to open their grounds to visitors interested in taking tours, making on -site product purchases and., -'or engaging in on -site activities. (I 1-17-16; 7-19-18.) Sec. 4-2A002. - Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Agricultural, farm or ranch:\ One (1) or more areas of land used for the production, cultivation, growing, harvesting or processing of agricultural products. Agricultural farm stay:'% Visiting a farm at least overnight as a paying guest, providing some experience of rural life. 37 Agricultural museum!. An establishment operated as a repository or collection of curiosities or objects of agricultural interest or significance for public display. Agricultural products:'. Any livestock, aquaculture, poultry, horticultural, floricultural, viticulture, silvicultural, or other farm crops. Agricultural service operation:. An occupation in which skill and expertise in some agriculturally related field are applied to the service of others engaged in agriculture; provided that sales of goods shall be limited to those incidental to the performing of a service. Agriculturally related products:% Items sold on -site or at a farmer's market to attract customers and promote the sale of agricultural products. Such items include, but are not limited to, all agricultural and horticultural products, animal feed, baked goods, ice cream and ice cream based desserts and beverages, jams, honey, gift items, food stuffs, clothing and other items promoting the farm and agriculture in Virginia and value-added agricultural products and production on site. Agriculturally related usesf, Those on -site activities that predominantly use agricultural products, buildings or equipment, such as pony rides, corn mazes, pumpkin rolling, barn dances, sleigh/hay rides, and educational events, such as farming and food preserving classes. Agricultural tourism:-. The practice of visiting an agribusiness, horticultural, or agricultural activity, including, but not limited to, a farm, orchard, winery, brewery, greenhouse, a companion animal or livestock show, for the purpose of recreation, education, or active involvement in the operation, other than as an owner, contractor or employee of the activity. Agritourism:%. Any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, breweries, ranching, historical, cultural, harvest -your -own activities, or natural activities and attractions, regardless of whether or not the participant paid to participate in the activity. Agritourism activity:l Any agricultural activity that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, breweries, ranching, historical, cultural, harvest -your -own activities, natural activities and attractions, or other purposes of agricultural tourism, whether or not the agritourism participant paid to participate in the activity. Agritourism activities must be conducted in accordance with section 22-262.3 herein. Agritourism participant:`~ Any person, other than an agritourism professional, who engages in an agritourism activity. Agritourism professional:'. Any person who is engaged in the business of providing one (1) or more agritourism activities, whether or not for compensation. Aquaculture:%. Land or activities devoted to the hatching, raising, harvesting and breeding of fish, shellfish, and aquatic plants for sale. Cider mill:`. A mill that extracts juice from apples to make apple cider. Dairy:'% A commercial establishment for the manufacture and sale of dairy products. Farm brewery:%. A brewery located on a farm on land zoned RAC and owned or leased by such brewery or its owner and some agricultural products are grown on the farm, including barley, other grains, hops or fruit used by such brewery in the manufacture of its beer. A farm brewery shall not produce more than fifteen thousand (15,000) barrels of beer per calendar year. Farm, temporary event in agricultural structure:l A barn or similar structure that may be rented for special occasions, such as weddings, private parties, banquets, or other similar events. Farm winery:% An establishment (i) located on a farm in the Commonwealth of Virginia with a producing vineyard, orchard, or similar growing area and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than eighteen percent (18%) alcohol by volume or (ii) located in the Commonwealth of Virginia with a producing vineyard, orchard, or similar growing area or agreements for purchasing grapes or other fruits from agricultural growers within the Commonwealth of Virginia, and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than eighteen percent (I S%) alcohol by volume. As used in this definition, the terms "owner" and "lessee" shall include a cooperative formed by an association of individuals for the purpose of manufacturing wine. In the event such cooperative is licensed as a farm winery, the term "farm" as used in this definition includes all of 38 the land owned or leased by the individual members of the cooperative as long as such land is located in the Commonwealth of Virginia. Farmer's market, on -site:'. A market held in a structure or open area for the sale of agricultural products or value-added agricultural products, directly to the consumer from a site on a working farm or any agricultural, horticultural or agritourism activity. Greenhouse, commercial, and/or nursery:`. Establishments engaged primarily in the retail sale of trees, shrubs, seeds, fertilizers, pesticides, plants, plant materials, and garden supplies, primarily for agricultural, residential and commercial consumers. Nan -agriculturally related products:'% Those items not connected to farming or the farm operation, such as novelty t-shirts or other clothing, crafts and knick-knacks imported from other states or countries, etc. Non -agriculturally related uses:%. Activities that are part of an agritourism operation's total offerings but not tied to farming or the farm's buildings, equipment, fields, etc. Such non - agriculturally related uses include amusement rides and concerts, and may be subject to obtaining a special event permit. Seasonala A recurrent period characterized by certain occurrences, festivities, or crops; harvest, when crops are ready; not all year round. Value-added agricultural product:'-% The enhancement or improvement of the overall value of an agricultural commodity or of an animal or plant product to a higher value. The enhancement or improvement includes, but is not limited to, marketing, agricultural processing, transforming, or packaging, education presentation, activities and tours. Wine:'. Any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing (i) sugar, including honey and milk, either with or without additional sugar; (ii) one-half of one percent (0.5) or more of alcohol by volume; and (iii) no product of distillation. The term includes any wine to which wine spirits have been added, as provided in the Internal Revenue Code, to make products commonly known as "fortified wine" which do not exceed an alcohol content of twenty-one percent (21 %) by volume. (11-17-16; 7-19-18.) Sec. 4-2A003. - Agritourism activities. A. Where permitted, agritourism activities shall include, but not be limited to, the following: l . Agricultural, farm or ranch, including: (i) Farmer's market, on -site, where at least fifty percent (5017b) of the agricultural products offered for sale are/have been produced by the farm operator for at least three (3) of the immediately preceding five (5) years. (ii) Seasonal self -pick fruit and vegetable operations. (iii) Seasonal outdoor mazes of agricultural origin such as straw bales or corn. 2. Agricultural, farm stay, provided: (i) This use offers short-term lodging rooms and meals for paying guests looking for a rural experience on a working faun or ranch containing a minimum of ten (10) acres. For the purposes of this section, the term working farm shall require that the property owner or farm operator: a. Reside on the premises where the farm stay occurs; and b. Is actively engaged in land use devoted to the production of food and fiber, including horticulture, hydroponics, cultivation of field crops, nurseries, orchards, viticulture, livestock operations, dairy fanns or other similar use as determined by the zoning administrator; (ii) Lodging accommodations may be offered in the farm house occupied by the owner. -'operator, or an accessory structure or converted farm building, like barns, silos, chicken houses, meeting the requirements for residential occupancy. a. A recreational vehicle may also be used for a farm stay provided that no more than one (1) recreational vehicle be allowed on the property at one time, and provided that sewage waste disposal is accommodated in accordance with the Virginia Department of Health or by the use of bathroom facilities made accessible to guests in the farm house or other approved facilities. 39 b. Camping tents may also be used for a farm stay provided that no more than three (3) be accommodated at one time and sewage waste disposal is accommodated by the use of portable toilets or the use of indoor bathroom facilities made accessible to guests in the farm house or other approved facilities. C. Recreational vehicle or camping tent farm stays shall also have an available water supply to accommodate hot and cold running water for shower facilities. d. Fires shall be made only in stoves, incinerators, and other equipment intended for such purposes. Portable fire extinguishers rated for class A, B, and C shall be kept in locations conveniently and readily accessible for use by all guests and shall be maintained in good operating condition. Their capacity shall not be less than required by applicable codes. (iii) No guests or group of guests shall remain on the premises for more than fourteen (14) consecutive nights per visit or permitted more than two (2) visits during a twelve-month period. (3) Agricultural, museum. (4) AgriculturaI service operation. (5) Aquaculture. (6) Cider mill, where agricultural products of the mill are being derived from crops grown primarily on site for at least three (3) of the immediately preceding five (5) years. (7) Dairy. (8) Farm brewery. (9) Farm temporary event in agricultural structure, provided: (i) Events shall be permitted up to twelve (12) times per year. For purposes of this section, a temporary event is an event conducted on a single day for which attendance is allowed only by invitation or reservation up to two hundred (200) persons and for which there is no individual admission fee are charged. Temporary events include, but are not limited to, meetings, conferences, banquets, dinners, wedding receptions, private parties, and other similar events. A conditional use permit may authorize the number of temporary events to exceed twelve (12) per year, or the number of allowed participants at any event to exceed two hundred (200) or more, or both. (ii) No event shall last later than 12:30 a.m. (iii) Adequate bathroom facilities are provided. (10) Farm winery, where: (i) Agricultural products of the winery are derived from crops grown primarily on site for at least three (3) of the immediately preceding five (5) years. (ii) The area for wine tasting and accessory food sales does not exceed hventy- five percent (25° u) of the area of the main structure. (iii) Daily tours of a farm winery shall be permitted. (iv) Special events shall be pennitted up to twelve (12) times per year. For purposes of this section, a special event is an event conducted at the farm winery on a single day for which attendance is allowed only by invitation or reservation for up to two hundred (200) persons. Special events include, but are not limited to, meetings, conferences, banquets, dinners, wedding receptions, private parties, and other events conducted for the purposes of marketing wine. A conditional use permit may authorize the number of special events per year, or the number of allowed participants at any event to exceed two hundred (200) or more, or both. (v) Festivals shall be permitted up to four (4) times per year. For the purposes of this section, a festival is an event conducted at a farm winery for up to three (3) consecutive days which is open to the general public and conducted for the purpose of marketing wine. (11) Greenhouse, commercial andior nursery. B. Any year in which the Governor of Virginia issues a formal disaster declaration covering Isle of Wight County shall not be included in the calculations prescribed in subsection A above. 01-17-16; 7-19-18.) Sec. 4-2A004. - AnciIlary activities. Any agritourism activity may include one (1) or more of the following ancillary uses so long as (i) the general agricultural character of the agritourism activity is maintained and (i) the aggregate gross receipts from the ancillary activity/activities does not exceed fifty percent (50°10) of the gross receipts from the agritourism activity for three (3) of the preceding five (5) operating years. A. Value-added agricultural products or activities such as educational tours or processing facilities, etc. B. Bakeries selling baked goods containing produce grown primarily on site (e.g., minimum fifty percent (50%)). C. Playgrounds or equipment typical of a school playground, such as slides, swings, etc. (not including motorized vehicles or rides). D. Petting farms, animal display, and pony rides. E. Wagon, sleigh and hayrides. F. Nature trails. G. Open air or covered picnic area with restrooms. H. Educational classes, lectures, seminars. I. Historical agricultural exhibits. J. Kitchen facilities, processing/cooking items for sale. K. Gift shops for the sale of agricultural products and agriculturally related products. L. Gift shops for the sale of non -agriculturally related products such as antiques or crafts, where sales of the non -agriculturally related products do not exceed twenty-five (25%) of gross sales of the agritourism activity for three (3) of the preceding five (5) operating years. (11-17-16; 7- l 9-18.) Sec. 4-2A005. - Compliance with laws and regulations; permits and licenses. A. A simplified site plan meeting the requirements of article VII may be required showing the location of all areas that will serve to accommodate the agritourism activities, as may be determined by the zoning administrator. B. All agritourism activities and ancillary activities shall be conducted in accordance with all federal, state, and local laws and regulations. This includes, but is not limited to, compliance with Section 3.2-6402(A) of the Code of Virginia, requiring the posting and maintaining of certain warning signs. C. All necessary federal, state and local licenses and permits for agritourism activities and ancillary activities shall be obtained prior to beginning operation of, and shall be maintained in good standing during operation of, the activities. This shall include the business license required by article 1 of chapter 13 of this Code if such activities meet the requirements of that chapter. (11-17-16; 7-19-18.) Sec. 4-2A006. - Minimum area requirement. Unless otherwise noted in the provisions of part 2A (agritourism), the minimum acreage for an agritourism activity is two (2) acres or more, including the primary residential use. (11-17-16; 7-19-18.) Sec. 4-2A007. - Minimum width requirement. The minimum width for an agritourism activity within or outside of an enclosed structure, intended to attract more than an average of ten (10) vehicle trips per day in addition to the residential use on the property, shall be three hundred (300) feet at the building setback line. The zoning administrator has the authority to waive this requirement if it is determined that there are no adjacent residential uses within three hundred (300) feet of the proposed agritourism activity. 01-17-16; 7-19-18.) 41 Sec. 4-2A008. - Access. Access shall be provided by an exclusive right of ingress/egress from a state maintained road. (11-17-16; 7-19-18.) Sec. 4-2A009. - Minimum setbacks. A. Front yard setback:..... All agritourism structures and activities shall be located sixty (60) feet or more from the edge of the front property line, except that signs may be erected in accordance with article IX, Signs of this ordinance. Parking may occur within the front yard setback but shall be at least ten (10) feet from the front property line adjacent to the public road. B. Side yard setback:..... All agritourism activities, including parking, shall be located thirty- five (35) feet and the total width of the two (2) required side yards shall be seventy (70) feet or more. C. Rear yard setback:..... All agritourism activities, including parking shall be located fifty (50) feet or more. (I1-17-16; 7-19-18.) Sec. 4-2A010. - Nonconforming regulations for existing farm structures and uses. A zoning permit shall not be issued for a nonconforming structure or use for which a permit agritourism activity is being sought until the following procedure has been completed: A. The zoning administrator is to send written notification by certified Ietter to the last known address of each adjacent property owner advising them of the proposed agritourism activity 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 9-1006 for no less than fourteen (14) days prior to the expiration of the thirty -day period. 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 use otherwise complies with the zoning ordinance, and the requirements for sewage disposal, the zoning administrator may issue a zoning pen -nit for the agritourism activity. 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 use is approved by the board of supervisors with a recommendation from the planning commission. (I1-17-16; 7-19-18.) Part 3. - Rural Residential (RR) District. Sec. 4-3001. - General description. This district is intended to provide for limited and low -density residential development within the rural agricultural conservation (RAC) as designated in the comprehensive plan, while being protective of the county's rural character and preserving open space and productive farm and timberlands. In accordance with the comprehensive plan, residential development in the RR district will utilize either of two (2) options in designing residential subdivisions: density bonus for cluster development or sliding scale development. In addition, residential development that occurs in these areas is encouraged to locate in the woodland areas and the least productive agricultural land where the conflicts between the residential uses and the faun uses can be minimized. (11-17-16; 7-19-18.) Sec. 4-3002. - Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Agricultural service/agent * Agriculture Agritourism (See part 2A) Aquaculture * Forestry operation, silvicultural and or timbering Greenhouse, private * Stable, private Viticulture * Wayside stand B. Residential uses: * Accessory apartment • Residential accessory apartment Boathouse Dwelling, single-family * Family day care home Group home * Guest house * Home occupation, Type 1 * Home occupation, Type 11 * Kennel, private * Manufactured home, Class A * Temporary emergency residence C. Civic uses: Modular classroom Public park and recreational area * Utility service/minor D. Commercial uses: * Construction office, temporary Real estate office temporary E. Miscellaneous uses: * Amateur radio tower 01-17-16; 7-19-18.) Sec. 4-3003. - Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicating additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: *Agricultural crop service tower and antenna Aquaculture, waterfront business * Farm employee housing 43 Greenhouse, commercial andfor nursery • In conjunction with residence *Stable, commercial • In conjunction with residence B. Residential uses: * Community recreation * Dwelling, two-family duplex C. Civic uses: * Cemetery • Animal • Church • Private • Public * Child care center * Child care institution Club Crisis center Cultural service * Educational facility primary�secondary Halfway house Life care facility * Nursing home Public safety service * Religious assembly * Utility service/major D. Commercial uses: * Bed and breakfast Boarding house * Commercial equipment repair, accessory to dwelling * Commercial outdoor swimming pool and tennis facility General store, country * Golf course * Marina E. Industrial uses: *Shipping container F. Miscellaneous uses: * Aviation facility, private * Communications tower * Reconstructed wetland (11-17-16; 7-19-18.) Sec. 4-3004. - Sliding scale development in the rural residential (RR) district. A. Under the sliding scale development provision, a tract of land twenty (20) acres in size may be allowed one (1) division. One (1) additional lot or dwelling unit will be permitted for every additional forty (40) acres encompassed by the overall tract. For example, a one - hundred -acre tract will yield four (4) lots. Minimum permissible lot sizes shall be encouraged so as not to allow subdivision development which is land consumptive; however, each lot must meet the minimum lot requirements for the rural residential (RR) district. B. In addition to the base density permitted above, the following standards shall be met: 1. The maximum lot size for any new lot created shall be ten (10) acres, unless otherwise approved by the board of supervisors or required by the county health department. 2. Lots shall be located to maximize continued use of the residual parcel for agricultural and silvicultural purposes. 3. Unless otherwise approved by the board of supervisors, the first two (2) lots shall be located on private shared driveways that serve no more than two (2) residences, with no frontage on the public road. C. In determining the overall tract size provision, staff shall base the number of lots permitted on the following, listed in order from least to most binding: 1. On the parcel shown on the latest county tax maps with the acreage indicated in the real estate records of the commissioner of revenue's office, excluding street or road rights - of -way. 2. On documents of record in the office of the clerk of the court, which shall take precedent over the tax map information. 3. On a new or modern survey of the property by a licensed surveyor. (I1-17-16; 7-19- 18.) Sec. 4-3005. - Density bonus for cluster development in the rural residential (RR) district. A. General description. ..... Cluster development in the rural residential (RR) district is encouraged to protect rural character and to preserve open space and productive farm and timber lands while permitting limited development in rural areas of the county. It is intended to encourage innovative and creative design of residential development; to preserve agricultural lands and enhance the rural atmosphere and visual character of the county; and, to encourage a more efficient use of land and services in order to reduce construction costs, reflect changes in the technology of land development and minimize maintenance costs of service delivery and utility systems. B. Applicability. ..... The following provisions establish minimum perfonnance standards associated with three (3) optional density increases which may be exercised by landowners in the RR district at the time of rezoning of the property. The density options available shall be one (1) dwelling unit per ten (10) acres, but may be increased to one (1) dwelling unit per eight (8) acres or one (1) dwelling per five (5) acres, if certain development standards are met as conditions of density increase. These development standards are outlined in subsection D. C. General standards. ..... The following general standards shall apply to all cluster developments in the RR District: 1. The applicant shall have legal or equitable title to the property or shall otherwise have a legally documented financial interest in the real property, which is the subject of the application. 2. The proposed development shall contain a minimum of twenty (20) contiguous acres located within the RR district. 45 3. All lots created through the act of subdivision shall be served by no more than, one (1) point of access to an existing public road. The internal street serving the subdivision shall be constructed in accordance with the applicable minimum standards of and dedicated to the Virginia Department of Transportation. 4. In no case shall residential structures be located within one hundred (100) feet of an existing public road right-of-way. Fifty (50) feet of the one -hundred -foot bufferyard between the lots and the public road right-of-way shall be landscaped to maintain or enhance the rural image or left in a natural setting, as prescribed in section 8-1003. 5. Dedication of additional public road right-of-way adjacent to an existing public road for future widening when the highway level of service in the area necessitates widening shall be a condition of development at each of the three (3) optional densities contained in subsection B. of this section. D. Density options. l . The base density of one (1) dwelling unit per ten (10) acres may be permitted provided: a. Clustering at a density of one (1) dwelling unit per ten (10) acres so that no more than fifty percent (50%) of the total base site area is to be included in the subdivision, including lots, road right-of-way, and other required public improvements. b. Fifty percent (50%) of the site shall be permanently established in open space including farm or forest use and restricted from further development. c. The minimum lot shall be forty thousand (40,000) square feet and the maximum lot size shall be five (5) acres, provided the health department standards for use of on - site septic systems are met. 2. The base density may be increased to one (1) dwelling unit per eight (8) acres if the following conditions are met: a. Clustering at a density of one (1) dwelling unit per eight (8) acres so that no more than forty percent (40%) of the base site area is included in the subdivision, including lots, road rights -of -way and other required public improvements. b. Sixty percent (60%) of the site shall be permanently established in open space including farm or forest use and is restricted from further development. C. The minimum lot size shall be forty thousand (40,000) square feet and the maximum lot size shall be three and one-half (3.5) acres in size, provided the health department standards for on -site septic systems are met. 3. The base density may be increased to one (1) dwelling unit per five (5) acres provided: a. Clustering at a density of one (1) dwelling unit per five (5) acres so that no more than thirty percent (30%) of the base site area is to be included in the subdivision, including lots, rights -of -way and other required public improvements. b. Seventy percent (70%) of the site shall remain in open space including farm or forest use and restricted from further development. The minimum lot size shall be forty thousand (40,000) square feet and the maximum lot size shall be one and one-half (1.5) acres, provided the health department standards for on -site septic systems are met. E. Open space requirements. ..... Regardless of which of the three (3) density options is exercised, the following standards shall apply to any open space which may be included within and made part of the cluster development and so designated on the subdivision plat: All open spaces shall be preserved for their intended purpose. 2. There shall be established a nonprofit association, corporation, trust or foundation of all individuals or corporations owning the residential property within the development to insure the satisfactory maintenance of any required open space. 3. When the development is to administer open space or other facilities through an association, nonprofit corporation, trust or foundation, said organization shall conform to the following requirements: 4 a. The property owner or developer must establish the organization prior to the sale of any lots within the subdivision. b. Membership in the organization shall be mandatory for all residential property owners, present or future, within the subdivision. c. The organization shall manage all common and open spaces, and recreational and cultural facilities, shall provide for the maintenance, administration and operation of said land and improvements and any other land within the development and shall secure adequate liability insurance on the land. d. The organization shall conform to the Property Owners Association Act, Code of Virginia, effective July 1, 2004, as amended, and/or to any other laws and regulations of the Commonwealth of Virginia as may be applicable. The foregoing standards for open space shall not apply to any residue acreage of the parent tract of land which is not included as part of the cluster development as lots or the required open space. (I 1-17-16; 7-19-1 &) Sec. 4-3006. - Lot size requirements. A. Minimum lot area: Forty thousand (40,000) square feet. B. Minimum lot width: One hundred fifty (150) feet. C. Minimum lot frontage: One hundred twenty (120) feet. 1. Minimum frontage on cul-de-sac: Seventy-five (75) feet. 2. Maximum lot size: Ten (10) acres. D. No lot shall be designed, approved or employed for use in which an area more than thirty percent (30%) of the required minimum lot area is comprised of one or more of the environmentally sensitive areas cited in subsections 5-4000.C.La through f. (11-17-16; 7- 19-18.) Sec. 4-3007. - Bulk regulations. A. Maximum building height: 1. All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser. B. Minimum front yard setback: 1. Where right-of-way is ? fifty (50) feet, the minimum front yard setback is sixty (60) feet from property line. 2. Where right-of-way is - fifty (50) feet, the minimum front yard setback is eighty-five (85) feet from center line of road. C. Minimum side yard setback: 1. Principle structures: Fifteen (15) feet (one (1) side)/thirty-five (35) feet (both sides). 2. Accessory structures: Fifteen (15) feet (see supplementary density and dimensional requirements, #I, accessory building requirements). D. Minimum rear yard setback: 1. Principle structures: Thirty-five (35) feet. 2. Accessory structures: Five (5) feet. (11-17-16; 7-19-18.) Sec. 4-3008. - Additional regulations. 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, floodplain 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. 47 G. Refer to article XI for outdoor Iighting requirements and restrictions. (11-17-16; 7-19-18.) Part 4. - Village Center (VC) District. Sec. 4-4001. - General description. A. The intent of this district is to provide for low to medium density residential development in those areas of the county which are identified as "village centers" in the Isle of Wight County Comprehensive Plan where the pattern of development has previously been established. These areas may not currently have public water and sewer and other public facilities available or planned for in the immediate future. B. The village center district has been established herein to assist in the fulfillment of the housing, public services and land use provisions of the comprehensive plan. It is the intent of this district, consistent with the plan, to provide for and preserve the character of these existing unincorporated population centers in the county, and to promote the configuration of new development into reasonable and effective service areas for the proper and efficient provision of water, sewerage, fire and police protection, and other public services. C. In general, it is intended that the VC district shall be used to preserve the character of these existing unincorporated rural population centers which have basically a single-family residential character but which also contain certain types of commercial or light industrial activities to serve primarily a local rural population. In addition, however, it is the intent that such zones may be used for lands where the creation of a new population center or centers would be appropriate and where such new center or centers would be consistent with the provisions of the comprehensive plan. D. The village centers identified in the comprehensive plan are as follows: Battery Park Carrsville Central Hill Isle of Wight Courthouse Orbit Rescue Rushmere Walters Wills Corner Zuni (11-17-16; 7-19-18.) Sec. 4-4002. - Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, use and design standards, for those specific uses. A. Agricultural uses: Agricultural crop service tower and antenna Agricultural farm product processing, warehousing and distribution service Agricultural feed seed and farm supply service Agricultural service agent Agriculture Agritourism (see part 2A) Aquaculture Aquaculture, waterfront business Farmer's market * Forestry operation, silvicultural and/or timbering Greenhouse, commercial and!or nursery • In conjunction with residence • Not in conjunction with residence Greenhouse, private Viticulture * Wayside stand B. Residential uses: * Accessory apartment • Residential accessory apartment * Boathouse Dwelling, single-family * Family day care home Group home * Home occupation, Type I * Temporary emergency housing C. Civic uses: Administrative service * Community center Cultural service * Modular classroom Post office *Public park and recreational area Public safety service * Utility service/minor D. Commercial uses: * Bed and breakfast * Commercial equipment repair, accessory to dwelling * Construction office, temporary General store, country Real estate office, temporary E. Miscellaneous uses: * Amateur radio tower (I 1-17-16; 7-19-18.) Sec. 4-4003. - Conditional uses. The following uses are allowed only by conditional use permit pursuant to section I-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. W A. Agricultural uses: Agricultural farm equipment sales and service * Commercial feedlot Fair, agricultural * Farm employee housing * Livestock auction market * Stable, commercial • In conjunction with residence • Not in conjunction with residence * Stable, private B. Residential uses: * Accessory apartment • Commercial accessory apartment * Congregate housing * Dwelling, multifamily conversion * Dwelling, two-family duplex * Home occupation, Type 11 * Manufactured home, Class A * Multifamily dwelling * Townhouse C. Civic uses: * Adult care center Assisted living facility * Cemetery • Animal • Church • Private • Public * Child care center * Child care institution Club Crisis center * Educational facility, primary..'secondary Halfway house Life care facility * Nursing home Park and ride facility 50 * Public maintenance and service facility Public sports/event facility * Religious assembly Rehabilitation service Transit station * Utility service/major D. Office uses: Financial institution General office Laboratory Medical office E. Commercial uses: * Antique shop Auction establishment Boarding house Boating and fishing facilities Business or trade school Car wash Commercial indoor amusement Commercial indoor entertainment * Commercial indoor sports and recreation * Commercial outdoor swimming pool and tennis court * Contractor office and storage facility * Convenience store * Crematorium * Flea market * Funeral home * Garden center * Gasoline station * Golf course * Golf driving range Hotel/motel/motor lodge/inn * Marina Medical clinic * Motor vehicle parts/supply retail * Motor vehicle repair service/minor Personal improvement service 51 Personal service * Restaurant, drive-in fast food Restaurant, general Retail sales Studio, fine arts * Taxidermy Veterinary hospital/clinic Wholesale sales F. Industrial uses: Custom manufacturing Refuse and recycling center G. Miscellaneous uses: * Communication tower Hunt club * Reconstructed wetland (11-17-16; 7-19-18.) See. 4-4004. - Lot size requirements. A. Minimum Iot area: 1. With private sewer and water: Thirty thousand (30,000) feet. 2. With public sewer or water: Twenty thousand (20,000) feet. 3. With public sewer and water: Fifteen thousand (15,000) feet. B. Minimum lot width: 1. With private sewer and water: One hundred twenty-five (125) feet. 2. With public sewer or water: One hundred twenty-five (125) feet. 3. With public sewer and water: One hundred (100) feet. C. Minimum lot frontage: 1. With private sewer and water: One hundred (100) feet. 2. With public sewer or water: One hundred (100) feet. 3. With public sewer and water: Eighty (80) feet. 4. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width of district. (11-17-16; 7-19-18.) See. 4-4005. - Bulk regulations. A. Maximum building height: l . All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser. 2. Public or semipublic buildings such as schools, churches, libraries, or government buildings may be allowed up to sixty (60) feet, provided that the scale, massing, and building design are shown to be compatible with the existing neighborhood and general intent of the district. B. Maximum density: 1. Conventional single-family subdivision: Two (2) dwelling units per acre. 2. Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net developable area. 52 C. Minimum front yard setback: 1. Where rights -of -way is s fifty (50) feet, the minimum front yard setback is thirty (30) feet from property line. 2. Where rights -of -way is Y.: fifty (50) feet, the minimum front yard setback is fifty-five (55) feet from centerline of road. D. Minimum side yard setback: 1. One (1) side: Fifteen (15) feet. 2. Both sides: Thirty (30) feet. E. Minimum rear yard setback: ..... Thirty (30) feet. (11-17-16; 7-19-18.) Sec. 4-4006. - Additional regulations. 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 V1 for regulations with the historic overlay (HO) district, highway corridor overlay (HCO) district, floodplain 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 V1I1 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. (7-19-18.) Part 5. - Neighborhood Conservation (NC) District. Sec. 4-5001. - General description. This district is intended to preserve the character of existing neighborhoods and developments in existence at the time of adoption of this ordinance. It is designed to prevent these neighborhoods and subdivisions, consisting of different lot sizes, from becoming nonconforming under the terms of this ordinance. Such neighborhoods are relatively uniform in character and stable. These regulations permit future development consistent with existing character. Areas, identified as having a stable and fixed character, will be allowed to continue to exist and develop under the general regulations governing their design and construction or under the actual plat previously approved. This district is not intended for nor shall be used to establish new lots that are not already platted or approved through conditional zoning. (11-17-16; 7-19-18.) Sec. 4-5002. - Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Forestry operation, silviculture and/or timbering Greenhouse, private B. Residential uses: * Boathouse Dwelling, single-family * Family day care home Group home 53 * Home occupation, Type I * Temporary emergency housing C. Civic uses: * Modular classroom * Public park and recreational area * Utility service/minor D. Commercial uses: * Construction office, temporary Real estate office, temporary E. Miscellaneous uses: * Amateur radio tower (l 1-17-16; 7-19-18.) Sec. 4-5003. - Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Agricultural crop service tower and antenna Agriculture Aquaculture Greenhouse, commercial and/or nursery • In conjunction with residence * Stable, commercial • In conjunction with residence * Stable, private Viticulture * Wayside stand B. Residential uses: * Accessory apartment • Residential accessory apartment * Community recreation * Condominium * Dwelling, multifamily conversion * Dwelling, two-family duplex * Guest house * Home occupation, Type II * Townhouse C. Civic uses: * Cemetery 54 • Animal • Church • Private • Public * Child care center Club Cultural service * Educational facility primary/secondary Halfway house Life care facility * Nursing home Public safety service * Religious assembly * Utility service/major D. Commercial uses: * Bed and breakfast Boarding house * Commercial equipment repair, accessory to dwelling * Commercial outdoor swimming pool and tennis facility General store, country * Golf course * Marina E. Industrial uses: *Shipping container F. Miscellaneous uses: * Communication tower * Reconstructed wetland (11-17-16; 7-19-18.) Sec. 4-5004. - Lot size requirements. A. Minimum lot area: 1. With private sewer and water: Twenty thousand (20,000) square feet. 2. With public sewer or water: Fifteen thousand (15,000) square feet. B. Minimum lot width:..... One hundred (100) feet. C. Minimum lot frontage:..... One hundred (100) feet. D. Minimum frontage on a cul-de-sac: ..... Fifty (50) feet. (11-17-16; 7-19-18.) Sec. 4-5005. - Bulk regulations. A. Maximum building height: 1. All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser. 55 B. Maximum density: 1. Conventional single-family subdivision: Two (2) dwelling units per acre. 2. Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net development area. C. Minimum front yard setback: l . Lots with less than one hundred fifty (150) feet of width: a. Where rights -of -way is fifty (50) feet or greater, the minimum front yard setback is thirty-five (35) feet from property line. b. Where rights -of -way is less than fifty (50) feet, the minimum front yard setback is sixty (60) feet from centerline of road. 2. Lots one hundred fifty (150) feet or greater of width: a. Where rights -of -way is fifty (50) feet or greater, the minimum front yard setback is sixty (60) feet from property line. b. Where rights -of -way is less than fifty (50) feet, the minimum front yard setback is eighty-five (85) feet from centerline of road. 3. In the case that there are existing lots of record in a subdivision having a width that would require a front setback to be lesser or greater than the other lots within the subdivision, the setback met by the majority of the lots shall be required. D. Minimum side yard setback: l . One (I) side: Ten (10) feet. 2. Both sides: Twenty (20) feet. E. Minimum rear yard setback: Twenty-five (25) feet. (11-17-16; 7-19-18.) Sec. 4-5006. - Additional regulations. 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, floodplain management overlay (FPMO) district, and the Newport development service overlay (NDSO) district. C. Refer to article VI1 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. (11-17-16; 7-19-18.) Part 6. - Suburban Estate (SE) District. Sec. 4-6001. - General description. This district is intended to provide for a form of suburban living in a superior living environment within the development service district(s) as designated by the Isle of Wight County Comprehensive Plan. Open space is extensive and is designed to create a more rural image than is normally the case, resulting in an "estate" form of character even though lot sizes are well below those found in typical large lot residential areas. (11-17-16; 7-19-18.) Sec. 4-6002. - Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. 56 A. Agricultural uses: * Forestry operation, silvicultural and/or timbering Greenhouse, private B. Residential uses: * Accessory apartment • Residential accessory apartment * Boathouse Dwelling, single-family * Family day care home Group home * Home occupation, Type I * Temporary emergency housing C. Civic uses: * Modular classroom * PubIic park and recreational area * Utility service/minor D. Commercial uses: * Construction office, temporary Real estate office, temporary E. Miscellaneous uses: * Amateur radio tower (11-17-16; 7-19-18.) Sec. 4-6003. - Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-I017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Greenhouse, commercial and/or nursery • In conjunction with residence * Stable, commercial • In conjunction with a residence * Stable, private B. Residential uses: * Community recreation * Dwelling, multifamily conversion * Guest house C. Civic uses: * Cemetery • Church 57 * Child care center Club Cultural service * Educational facility, primary.`secondary Halfway house Life care facility * Nursing home Post office Public safety service * Religious assembly * Utility service/major D. Commercial uses: * Bed and breakfast Boarding house * Commercial equipment repair, accessory to dwelling * Commercial outdoor swimming pool and tennis facility * Golf course * Marina E. Industrial uses: *Shipping container F. Miscellaneous uses: * Reconstructed wetland (11-17-16; 7-19-18.) Sec. 4-6004. - Lot size requirements. A. Minimum lot area: 1. With private sewer and water: Thirty thousand (30,000) square feet. 2. With public sewer or water: Twenty thousand (20,000) square feet. 3. With public sewer and water: Twenty thousand (20,000) square feet. B. Minimum lot width: 1. With private sewer and water: One hundred twenty-five (125) feet. 2. With public sewer or water: One hundred twenty (120) feet. 3. With public sewer and water: One hundred twenty (120) feet. C. Minimum lot frontage: 1. With private sewer and water: One hundred (100) feet. 2. With public sewer or water: Ninety-six (96) feet. 3. With public sewer and water: Ninety-six (96) feet. 4. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width of district. (11-17-16; 7-19-18.) Sec. 4-6005. - Bulk regulations. 6 A. Maximum building height: 1. All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser. B. Maximum density: 1. Conventional single-family subdivision: Two (2) dwelling units per acre. 2. Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net developable area. C. Minimum front yard setback: 1. Where rights -of -way is :- fifty (50) feet, the minimum front yard setback is fifty (50) feet from property line. 2. Where rights -of -way is < fifty (50) feet, the minimum front yard setback is seventy-five (75) feet from centerline of road. D. Minimum side yard setback: I. One (1) side: Twenty (20) feet. 2. Both sides: Forty (40) feet. E. Minimum rear yard setback: ..... Thirty-five (35) feet. (11-17-16; 7-19-18.) Sec. 4-6006. - Additional regulations. 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, floodplain 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 VI11 for landscaping and open space standards. E. Refer to article IX for sign standards. G. Refer to article XI for outdoor lighting requirements and restrictions. (11-17-16; 7-19-18.) Part 7. - Suburban Residential (SR) District. Sec. 4-7001. - General description. This district is intended for application in the development service district(s) as designated by the Isle of Wight County Comprehensive Plan and to provide for the majority of residential development for future population growth in areas served by public utilities. This district permits moderate density development in a manner that is consistent with the provision of a high -quality "suburban" character. Significant areas of open space should be provided in this district in order to maintain this character. (11-17-16; 7-19-18.) Sec. 4-7002. - Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Forestry operation, silvieultural andlor timbering B. Residential uses: * Boathouse Dwelling, single-family Dwelling, two-family duplex * Family day care home Group home 59 * Home occupation, Type I * Temporary emergency housing C. Civic uses: * Modular classroom * Public park and recreational area * Utility service/minor D. Commercial uses: * Construction office, temporary Real estate office, temporary E. Miscellaneous uses: * Amateur radio tower (I 1-17-16; 7-19-18.) Sec. 4-7003. - Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Greenhouse, private B. Residential uses: * Accessory apartment • Residential accessory apartment * Community recreation * Congregate housing * Dwelling, multifamily conversion * Multifamily dwelling * Townhouse C. Civic uses: * Cemetery • Church Club Cultural service * Educational facility, primary/secondary Halfway house Life care facility * Nursing home Post office Public safety service * Religious assembly * Utility service/major 60 D. Commercial uses: * Bed and breakfast Boarding house * Commercial equipment repair, accessory to dwelling * Commercial outdoor swimming pool and tennis facility * Golf course * Marina E. Industrial uses: *Shipping container F. Miscellaneous uses: * Reconstructed wetland (11-17-16; 7-19-18.) Sec. 4-7004. - Lot size requirements. A. Minimum lot area: 1. With private sewer and water: Thirty thousand (30,000) square feet. 2. With public sewer or water: Twenty thousand (20,000) square feet. 3. With public sewer and water: Fifteen thousand (15,000) square feet. B. Minimum lot width: 1. With private sewer and water: One hundred twenty-five (125) feet. 2. With public sewer or water: One hundred twenty-five (125) feet. 3. With public sewer and water: Eighty (80) feet. C. Minimum lot frontage: 1. With private sewer and water: One hundred (100) feet. 2. With public sewer or water: One hundred (100) feet. 3. With public sewer and water: Sixty-four (64) feet. 4. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width. (11-17-16; 7-19-18.) Sec. 4-7005. Bulk regulations. A. Maximum building height: l . All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser. B. Maximum density: 1. Conventional single-family subdivision: Three (3) dwelling units per acre. 2. Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net developable area. C. Minimum front yard setback: 1. Where rights -of -way is > fifty (50) feet, the minimum front yard setback is thirty-five (35) feet from property line. 2. Where rights -of -way is < fifty (50) feet, the minimum front yard setback is sixty (60) feet from centerline of road. D. Minimum side yard setback: 1. One (1) side: Ten (10) feet. 2. Both sides: Twenty-four (24) feet. E. Minimum rear yard setback: ..... Twenty-five (25) feet. (11-17-16; 7-19-18.) 61 Sec. 4-7006. - Additional regulations. 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, floodplain 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. (11-17-16; 7-19-I8.) Part 8. - Urban Residential (UR) District. Sec. 4-8001. General description. This district is intended to permit residential development at high densities with an urban character in selected areas within the development service district(s) and mixed use centers as designated by the Isle of Wight County Comprehensive Plan. It is intended to provide for more intensive development in a limited number of areas and to provide affordable housing for the county's residents that are finding it difficult to locate such housing. A wide range of housing types may be built in a planned development type of environment within this district. (11-17-16; 7-I9-18.) Sec. 4-8002. - Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Forestry operation, silvicultural and/or timbering B. Residential uses: * Condominium * Congregate housing * Dwelling, multifamily conversion Dwelling, single-family * Dwelling, two-family duplex * Family day care home Group home * Home occupation, Type I * Multifamily dwelling * Temporary emergency housing * Townhouse C. Civic uses: * Educational facility primary/secondary Life care facility * Modular classroom 62 * Public park and recreational area * Utility service/minor D. Commercial uses: * Construction office, temporary Real estate office, temporary Veterinary hospital/clinic E. Miscellaneous uses: * Amateur radio tower (I 1-17-16; 7-19-18.) Sec. 4-8003. - Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are Iisted in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Greenhouse, private B. Residential uses: * Accessory apartment • Residential accessory apartment * Boathouse * Community recreation C. Civic uses: * Cemetery • Church Club Cultural service HalAvay house * Nursing home Post office Public safety service * Religious assembly * Utility service/major D. Office uses: General office Medical office E. Commercial uses: * Bed and breakfast Boarding house * Commercial indoor sports and recreation * Commercial outdoor swimming pool and tennis facility 63 * Golf course * Marina Restaurant, general Retail sales Studio, fine arts F. Miscellaneous uses: * Reconstructed wetland (11-17-16; 7-19-18.) Sec. 4-8004. - Lot size requirements. A. Minimum lot area: 1. With private sewer and water: Thirty thousand (30,000) square feet. 2. With public sewer or water: Twenty thousand (20,000) square feet. 3. With public sewer and water: Twelve thousand (12,000) square feet. B. Minimum lot width: I. With private sewer and water: One hundred twenty-five (125) feet. 2. With public sewer or water: One hundred twenty-five (125) feet. 3. With public sewer and water: Eighty (80) feet. C. Minimum lot frontage: 1. With private sewer and water: One hundred (100) feet. 2. With public sewer or water: One hundred (100) feet. 3. With public sewer and water: Fifty-six (56) feet. 4. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width of district. (l 1-17-16; 7-19-18.) Sec. 4-8005. - Bulk regulations. A. Maximum building height: 1. All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser. B. Maximum density: 1. Conventional single-family subdivision: Three (3) dwelling units per acre. 2. Townhouse developments: Ten (10) dwelling units per acre. 3. Multifamily residences and condominiums: Fourteen (14) dwelling units per acre. 4. Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net developable area. C. Minimum front yard setback: I. Where rights -of -way is > fifty (50) feet, the minimum front yard setback is thirty (30) feet from property line. 2. Where rights -of -way is < fifty (50) feet, the minimum front yard setback is fifty-five (55) feet from centerline of road. D. Minimum side yard setback: 1. One (1) side: Eight (8) feet. 2. Both sides: Sixteen (16) feet. E. Minimum rear yard setback:..... Twenty (20) feet. F. Maximum lot coverage: ..... Thirty percent (30%). (11-17-16; 7-19-18.) Sec. 4-8006. - Additional regulations. 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, floodplain 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 V1II 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. (11-17-16; 7-19-18.) Part 9. - Limited Commercial (LC) District. Sec. 4-9001. - General description. This district is primarily intended to provide for low intensity commercial use including those types of commercial services which may satisfy those basic needs which occur daily or frequently and so require commercial facilities in close proximity to residences or which may generally be compatible with a rural or residential area. (11-17-16; 7-19-18.) Sec. 4-9002. - Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations. for those specific uses. A. Agricultural uses: Agricultural farm equipment sales and service Agricultural feed, seed, and farm supply service Agricultural service/agent Farmer's market * Forestry operation, silvicultural and/or timbering Greenhouse, commercial and/or nursery • Not in conjunction with residence B. Residential uses: * Accessory apartment • Commercial accessory apartment C. Civic uses: Administrative service * Child care center Club * Community center Crisis center Cultural service * Education facility, primary`secondary Halfway house Life care facility M * Modular classroom * Nursing home Park and ride facility Post office Public park and recreational area Public safety service Rehabilitation service * Utility service/minor D. Office uses: Financial institution General office Laboratory Medical office E. Commercial uses: Business support service Car wash * Commercial indoor sports and recreation * Construction office, temporary * Funeral home * Garden center * Golf course * Golf driving range Lawn and garden services * Motor vehicle parts/supply, retail Personal improvement service Personal service Retail sales Studio, fine arts Veterinary hospital/clinic Wholesale sales F. Miscellaneous uses: * Amateur radio tower (I1-17-16; 7-19-I8.) Sec. 4-9003. - Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary u se regulations, for those specific uses. A. Agricultural uses: ZI Agricultural farm product processing, warehousing and distribution service Greenhouse, private * Sawmill * Stable, commercial • Not in conjunction with residence B. Residential uses: Group home C. Civic uses: * Adult care center Assisted living facility *Cemetery • Church • Private • Public * Child care institution Educational facility college/university Public sports/event facility * Public maintenance and service facility * Religious assembly Transit station * Utility service/major D. Commercial uses: Auction establishment * Bed and breakfast Boating and fishing facilities Business or trade school Catering Commercial indoor amusement Commercial indoor entertainment * Commercial outdoor entertainment/sports and recreation * Commercial outdoor swimming pool and tennis facility Construction sales and service * Contractor office and storage facility * Convenience store * Crematorium Dance hall * Flea market 67 * Gasoline station Hospital Hospital, special care Hotels/motels/motor lodge/inn *Kennel, commercial *Marina Medical clinic * Micro -brewery, distillery, cidery * Mini -warehouse * Motor vehicle dealershipe'new * Motor vehicle dealership., -'used * Motor vehicle/rental * Motor vehicle repair service/major *Motor vehicle repair service/minor Pawn shop Recreational vehicle sales and service * Restaurant, drive-in fast food Restaurant general Tattoo parlor * Taxidermy Truck stop F. Industrial uses: Custom manufacturing *Shipping container G. Miscellaneous uses: * Communication tower Parking facility, surface/structure * Reconstructed wetland (I1-17-16; 7-19-18.) Sec. 4-9004. - Lot size requirements. A. Minimum lot area: l . Minimum lot area: Twenty thousand (20,000) square feet. 2. The required minimum area for lots served by private water or private sewer facilities may be increased when the Isle of Wight County Health Department requires a larger parcel to satisfy an on -site sewage disposal system. B. Minimum lot width: ..... One hundred (100) feet. (11-17-16; 7-19-18.) Sec. 4-9005. - Bulk regulations. A. Maximum height of structures: W 1. All structures: Thirty-five (35) feet of three (3) stories, whichever is lesser. 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 each required yard is increased one (1) foot for each additional foot of principle structure height over thirty-five (35) feet. b. Where structures exceed the thirty -five-foot height requirement a building separation of thirty (30) feet shall be required. B. Maximum density: 1. Floor area ratio for nonresidential: Thirty-five hundredths (0.35) square foot per foot of net developable area. C. Minimum setback requirements: 1. Front yard: Thirty-five (35) feet. 2. Side yard: Five (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. 3. Rear yard: Five (5) feet. The rear yard requirement may be reduced or waived by the zoning administrator when a principle structure is part of a shopping center. D. Maximum lot coverage:..... Sixty percent (60%). E. Minimum open space ratio (OSR):..... Twenty-five percent (25°-b). (11-17-16; 7-19-18.) Sec. 4-9006. - Additional regulations. 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, floodplain 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. (11-17-16; 7-19-18.) Part 10. - General Commercial (GC) District. Sec. 4-10001. - General description. This district is intended to provide the full range of commercial activities and establishments which are not primarily related to residential developments and which require accessibility from higher order roadways than the LC district. This district is also intended to accommodate high auto -oriented uses such as auto sales and service, convenience stores, motor vehicle fuel stations as well as planned shopping centers. Performance standards are included to ensure that access points are controlled, landscape surface ratios are adequate and street buffering complement the standards set in the highway corridor overlay district (HCO). (11-17-16; 7-19-18.) Sec. 4-10002. - Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Agricultural farm equipment sales and service Agricultural feed, seed, and farm supply service Agricultural service/agent e Farmer's market * Forestry operation, silvicultural and/or timbering Greenhouse, commercial and/or nursery • Not in conjunction with residence B. Residential uses: * Accessory apartment • Commercial accessory apartment C. Civic uses: Administrative service * Adult care center Assisted living facility * Child care center Club * Community center Crisis center Cultural service * Educational facility primaryrsecondary Life care facility * Modular classroom * Nursing home Park and ride facility Post office Public sports/event facility * Public park and recreational area Public safety service Rehabilitation service Transit station * Utility service/minor D. Office uses: Financial institution General office Laboratory Medical office E. Commercial uses: Auction establishment Business support service Business or trade school 70 Car wash Catering Commercial indoor amusement Commercial indoor entertainment * Commercial indoor sports and recreation * Construction office, temporary Construction sales and service * Contractor office and storage facility * Funeral home * Garden center * Golf course * Golf driving range Hospital Hotel/motel.'motor lodge.'inn Lawn and garden services * Marina Medical clinic * Micro -brewery, distillery, cidery * Motor vehicle dealership/new * Motor vehicle parts/supply and retail * Motor vehicle/ rental * Motor vehicle repair service/major * Motor vehicle repair service/minor Pawn shop Personal improvement service Personal service * Restaurant, drive-in fast food Restaurant, general Retail sales Studio, fine arts Tattoo parlor Taxidermy Veterinary hospital/clinic Wholesale sales F. Industrial uses: Custom manufacturing 71 *Shipping container G. Miscellaneous uses: * Amateur radio tower 01-17-16; 7-19-18.) Sec. 4-10003. - Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, use and design standards, for those specific uses. A. Agricultural uses: Aquaculture Aquaculture, waterfront business Greenhouse, private * Sawmill * Stable, commercial • Not in conjunction with residence B. Civic uses: * Cemetery • Church • Private • Public * Child care institution Educational facility, college/university * Public maintenance and service facility * Religious assembly * Utility service/major C. Commercial uses: * Bed and breakfast Boating and fishing facilities * Commercial outdoor entertainment/sports and recreation * Commercial outdoor swimming pool and tennis facility * Convenience store * Crematorium Dance hall Equipment sales and rental * Flea market * Gasoline station Hospital, special care * Kennel, commercial 72 Laundry Manufactured home sales * Mini -warehouse * Motor vehicle dealership., -'used Motor vehicle/outdoor storage Recreational vehicle sales and service Truck stop [D. Reserved:] E. Industrial uses: * Construction yard Refuse and recycling center F. Miscellaneous uses: * Communication tower Parking facility, surface/structure * Reconstructed wetland (l 1-17-16; 7-19-18.) Sec. 4-10004. - Lot size requirements. A. Minimum lot area: 1. Minimum lot area: Twenty thousand (20,000) square feet. 2. The required minimum area for lots served by private water or private sewer facilities may be increased when the Isle of Wight County Health Department requires a larger parcel to satisfy an on -site sewage disposal system. B. Minimum lot width: ..... One hundred (100) feet. (11-16-17; 7-19-18.) Sec. 4-10005. - Bulk regulations. A. Maximum height of structures: I. All structures: Thirty-five (35) feet or three (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 thirty-five (35) feet. b. Where structures exceed the thirty -five-foot height requirement a building separation of thirty (30) feet shall be required. B. Maximum density: 1. FIoor area ratio for nonresidential: One-half (0.50) square foot per foot of net developable area. C. Minimum setback requirements: 1. Front yard: Thirty-five (35) feet. 2. Side yard: Five (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. 3. Rear yard: Five (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:..... Sixty percent (60%). E. Minimum open space ratio (OSR):..... Twenty-five percent (25%). (11-17-16; 7-19-18.) Sec. 4-10006. - Additional regulations. 73 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, floodplain 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. (11-17-16; 7-19-18.) Part 11. - Limited Industrial (LI) District. Sec. 4-11001. - General descriptions. This district is intended to provide an environment suitable for industrial activities that do not create appreciable nuisances, hazards or threats to the natural environment or surrounding development. This district is intended to provide for a variety of industrial operations which are capable of meeting modern performance and environmental standards appropriate to a business'industrial park setting and location. (11-17-16; 7-19-18.) Sec. 4-11002. - Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Agricultural farm equipment sales and service Agricultural farm product processing, warehousing and distribution service Agricultural feed, seed, and farm supply service Agricultural service/agent * Forestry operation, silvicultural ande"or timbering Greenhouse, commercial and/or nursery • Not in conjunction with residence * Sawmill B. Civic uses: Administrative service * Adult care center * Child care center Park and ride facility Public sport/events facility * Public maintenance and service facility Public safety service Transit station * Utility service/minor C. Office uses: 74 General office Laboratory D. Commercial uses: Auction establishment Business or trade school Car wash Commercial indoor amusement Commercial indoor entertainment * Commercial indoor sports and recreation * Construction office, temporary Construction sales and service * Contractor office and storage facility * Convenience store Equipment sales and rental * Garden center * Golf driving range Laundry Lawn and garden services * Micro -brewery, distillery, cidery * Mini -warehouse Motor vehicle/outdoor storage *Motor vehicle parts/supply, retail * Motor vehicle/rental * Motor vehicle repair service/major * Motor vehicle repair service/minor Pawn shop Retail sales Studio, fine arts Tattoo parlor * Taxidermy Truck stop Wholesale sales E. Industrial uses: Brewery, distillery, cidery * Construction yard Custom manufacturing Industry, Type I 75 * Recycling center Refuse and recycling center * Shipping container Transfer station Warehousing and distribution F. Miscellaneous uses: * Amateur radio tower (11-17-16; 7-19-18.) Sec. 4-11003. - Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Agriculture Aquaculture Aquaculture, waterfront business * Commercial feedlot * Livestock auction market * Reptile breeding Viticulture B. Civic uses: * Cemetery • Private • Public * Utility service/major C. Commercial uses: Boating and fishing facilities Business support service * Commercial outdoor entertainment/sports and recreation * Crematorium Dance hall * Flea market * Funeral home * Gasoline station * Hotel/motele'motor lodge/inn * Kennel, commercial Manufactured home sales * Marina 76 Personal improvement service Personal service * Restaurant, drive-in fast food Restaurant, general D. Industrial uses: Industry, Type II * Landfill, industrial * Landfill, rubble * Sawmill, commercial * Scrap and salvage service * Towing service storage yard E. Miscellaneous uses: * Communication tower Parking facility, surface/structure * Reconstructed wetland (11-17-16; 7-19-18.) Sec. 4-11004. - Lot size requirements. A. Minimum lot requirements: 2. The required minimum area for lots served by private water or private sewer facilities may be increased when the Isle of Wight County Health Department requires a larger parcel to satisfy an on -site sewage disposal system. B. Minimum lot width: ..... One hundred (100) feet. (11-17-16; 7-19-18.) Sec. 4-11005. - Bulk regulations. A. Maximum height of structures: I. All structures: Seventy-five (75) [feet]. 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 thirty -five-foot height requirement a building separation of thirty (30) feet shall be required. c. See subsection 5-2000.13, for exceptions to height limits. B. Maximum density: I. Floor area ratio for nonresidential: One-half (0.50) square foot per foot of net developable area. C. Minimum setback requirements: 1. Front yard: Thirty-five (35) feet. a. Industrial uses shall meet a setback of one hundred (100) feet, except that office buildings associated with the industrial use may meet the minimum thirty-five (35) feet setback. b. For lots within designated industrial park of twenty (20) acres or more, office buildings associated with the industrial use shall meet a setback of thirty-five (35) feet. 2. Side yard: Twenty (20) feet. 3. Rear yard: Twenty (20) feet. 77 D. Maximum lot coverage:..... Sixty percent (60%). E. Minimum open space ratio (OSR):..... Twenty-five percent (255o) (11-17-16; 7-19-18.) Sec. 4-11006. - Additional regulations. 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, floodplain 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 V111 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. (11-17-16; 7-19-18.) Part 12. - General Industrial (GI) District. Sec. 4-12001. - General description. The general industrial district is reserved to accommodate those industrial activities which may produce moderate nuisances or hazards in areas that are relatively remote from residential and business development. The performance standards established for this district are not intended to be as strict as for the LI district. (11-17-16; 7-19-18.) Sec. 4-12002. - Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Agricultural farm equipment sales and service Agricultural farm product processing, warehousing and distribution service Agricultural feed, seed, and farm supply service Agricultural service/agent * Commercial feedlot * Forestry operation, silvicultural ande"or timbering Greenhouse, commercial and/or nursery • Not in conjunction with residence * Livestock auction market * Sawmill B. Civic uses: Administrative service * Adult care center Park and ride facility * Public maintenance and service facility Public safety service Transit station * Utility service/minor W C. Office uses: Laboratory D. Commercial uses: Auction establishment Boating and fishing facilities Business or trade school Car wash * Construction office, temporary Construction sales and service * Contractor office and storage facility * Convenience store Equipment sales and rental Garden center Laundry Lawn and garden services * Micro -brewery, distillery, cidery * Mini -warehouse Motor vehicle.; outdoor storage * Motor vehicle parts., -'supply, retail * Motor vehicle/ rental * Motor vehicle repair service/major * Motor vehicle repair service/minor Tattoo parlor * Taxidermy Truck stop Wholesale sales E. Industrial uses: Brewery, distillery, cidery * Construction yard Custom manufacturing Industry, Type I Industry, Type II Meat packing * Recycling center Refuse and recycling center * Sawmill, commercial * Shipping container 79 Transfer station Warehousing and distribution F. Miscellaneous uses: * Amateur radio tower 01-17-16; 7-19-18.) Sec. 4--12003. - Conditional uses. The following uses are allowed only by conditional permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Agriculture Aquaculture Aquaculture, waterfront business * Reptile breeding Viticulture B. Civic uses: Correctional facility * Utility service/major C. Commercial uses: * Adult entertainment establishment * Commercial outdoor entertainment/sports and recreation * Flea market * Gasoline station * Kennel, commercial D. Industrial uses: * Abattoir or livestock processing * Asphalt/concrete plant Industry, Type III * Landfill, industrial * Landfill, rubble * Resource extraction * Scrap and salvage service * Towing service storage yard E. Miscellaneous uses: * Aviation facility, commercial * Aviation facility, general * Aviation facility, private * Communication tower Parking facility, surface/structure [.Off, * Reconstructed wetland * Shooting range, outdoor * Turkey shoot (l 1-17-16; 7-19-18.) Sec. 4-12004. - Lot size requirements. A. Minimum lot requirements: 1. Minimum lot area: Twenty thousand (20,000) square feet. 2. The required minimum area for lots served by private water or private sewer facilities may be increased when the Isle of Wight County Health Department requires a larger parcel to satisfy an on -site sewage disposal system. B. Minimum lot width: ..... One hundred (100) feet. (11-17-16; 7-19-18.) Sec. 4-12005. - Bulk regulations. A. Maximum height of structure: 1. All structures: Seventy-five (75) feet. 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 thirty -five-foot height requirement a building separation of thirty (30) feet shall be required. c. See subsection 5-2000.1), for exceptions to height limits. B. Maximum density: 1. Floor area ratio for nonresidential: One -sixth (0.60) square foot per foot of net developable area. C. Minimum setback requirements: 1. Front yard: Thirty-five (35) feet. a. Industrial uses shall meet a setback of one hundred (100) feet, except that office buildings associated with the industrial use may meet the minimum setback of thirty-five (35) feet. b. For lots within designated industrial park of twenty (20) acres or more, office buildings associated with the industrial use shall meet a setback of thirty-five (35) feet. 2. Side yard: Twenty (20) feet. 3. Rear yard: Twenty (20) feet. D. Maximum lot coverage:..... Sixty percent (60%) E. Minimum open space ratio (OSR):..... Twenty-five percent (25%' ). (11-17-16; 7-19-18.) Sec. 4-12006. - Additional regulations. 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, floodplain 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 VII1 for landscaping and open space standards. E. Refer to article 1X for sign standards. F. Refer to article X for vehicle parking facilities requirements. G. Refer to article XI for outdoor lighting requirements and restrictions. (11-17-16; 7-19-18.) Part 13. - General Industrial Conservation (GIC) District. Sec. 4-13001. - General description. The general industrial conservation district is intended to protect and promote heavy industrial operations in existence or under construction at the time of adoption of this ordinance and to prevent such operations from becoming nonconforming under the terms of this ordinance. The GIC district is further intended to permit the efficient development and redevelopment of land for uses related to such existing heavy industrial operations. (11-17-16; 7-19-18.) Sec. 4-13002. - Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are Iisted in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Agricultural farm equipment sales and service Agricultural farm product processing, warehousing and distribution service Agricultural feed, seed, and farm supply service Agricultural service/agent * Forestry operation, silvicultural and/or timbering Greenhouse, commercial and/or nursery • Not in conjunction with residence * Sawmill B. Civic uses: Administrative service * Adult care center Park and ride facility * Public maintenance and service facility Public safety service Transit station * Utility service/minor C. Office uses: General office D. Commercial uses: Auction establishment Boating and fishing facilities Business or trade school * Construction office, temporary Construction sales and service * Contractor office and storage facility Equipment sales and rental Garden center * Micro -brewery, distillery, cidery * Mini -warehouse Motor vehicle/outdoor storage Wholesale sales E. Industrial uses: * Abattoir or livestock processing Brewery, distillery, cidery * Construction yard Industry, Type I Industry, Type I1 Meat packing * Recycling center Refuse and recycling center * Sawmill, commercial * Shipping container Transfer station Warehousing and distribution F. Miscellaneous uses: * Amateur radio tower (11-17-16; 7-19-15.) Sec. 4-13003. -- Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Agriculture Aquaculture Aquaculture, waterfront business * Commercial feedlot * Livestock auction market Viticulture B. Civic uses: Correctional facility * Utility service/major C. Industrial uses: * Asphalt/concrete plant Industry, Type III * Landfill, industrial M, * Landfill, rubble * Resource extraction * Scrap and salvage service * Towing service storage yard D. Miscellaneous uses: * Aviation facility, commercial * Aviation facility, general * Aviation facility, private * Communication tower Parking facility, surface/structure * Reconstructed wetland * Shooting range, outdoor * Turkey shoot 01-17-16; 7-19-18.) Sec. 4-13004. - Lot size requirements. A. Minimum lot requirements: 1. Minimum lot area: Twenty thousand (20,000) square feet. 2. The required minimum area for lots not served by either public water or sewer facilities may be increased when the Isle of Wight County Health Department requires a larger parcel to satisfy an on -site sewage disposal system. B. Minimum lot width: ..... One hundred (100) feet. (11-17-16; 7-19-18.) Sec. 4-13005. - Bulk regulations. A. Maximum height of structures: 1. All structures: Seventy-five (75) feet. 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 thirty -five-foot height requirement a building separation of thirty (30) feet shall be required. e. See subsection 5-2000.1), for exceptions to height limits. B. Minimum setback requirements: 1. Front yard: Thirty-five (35) feet. a. Industrial uses shall meet a setback of one hundred (100) feet from the right-of- way of any existing street which abuts or borders the use, except that uses located within a designated industrial park of twenty (20) acres or more shall meet a setback of fifty (50) feet from any street right-of-way. b. For lots within a designated industrial park of twenty (20) acres or more, office buildings associated with the industrial use shall meet a setback of thirty-five (35) feet. 2. Side yard: Twenty (20) feet. 3. Rear yard: Twenty (20) feet. (I 1- 17-16; 7- l 9-18.) Sec. 4-13006. - Additional regulations. 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. FE B. Refer to article VI for regulations with the historic overlay (HO) district, highway corridor overlay (HCO) district, floodplain 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. (I 1-17-16; 7-19-18.) Part 14. - Planned Development Districts. Sec. 4-14000. - Planned development districts. Planned development districts are designed to encourage innovative and creative design of residential, commercial, and industrial development with an improved level of amenities, appropriate and harmonious to the development; facilitate use of the most advantageous construction techniques; and maximize the conservation and efficient use of open space and natural features. These districts are designed to further the purposes and provisions of the comprehensive plan and to conserve public fiscal resources, efficiently utilize public facilities and resources, provide a broad range of housing and economic opportunities to present and future residents of the county. (11-17-16; 7-19-18.) Sec. 4-14001. - Types of planned developments. The following types of planned developments shall be permitted subject to the provisions of this article: A. Planned development residential: PD-R district. B. Planned development manufactured home district: PD-MH district. C. Planned development commercial park: PD-CP district. D. Planned development mixed use: PD-MX district. E. Planned development industrial park: PD-IP district. (11-17-16; 7-19-18.) Sec. 4-14002. - Conditions. Rezoning to a planned development district will be permitted only in accordance with a master development plan which is recommended by the planning commission and approved by the board of supervisors in accordance with the procedures and standards contained within this ordinance. (11-17-16; 7-19-18.) Sec. 4-14003. - Location. In order to further the purpose and intent of the comprehensive plan, the following regulations shall guide the location of planned developments. A planned development district may only be created within the boundaries of the designated development service districts, subject to all requirements of this ordinance. The development shall be so located and developed that it will not exceed the capacity of the adjacent roads which serve the property, or the capacity of public sewer and water systems in the event connections to them are proposed, or the capacity to provide reasonable and timely response to requests for police, fire and ambulance services unless the applicant shall dedicate right-of-way, contribute to the construction of new facilities or create such facilities to the extent of his fair share of such as a percentage of his land developed and so served. The rate of development shall not exceed the rate of construction and increasing capacity of the limiting facilities. (11-17-16; 7-19-18.) Sec. 4-14004. - Application procedure. Any application for the designation to a planned development district shall be accompanied by a master development plan and shall meet the requirements set forth in this ordinance for requesting zoning amendments pursuant to section 1-1015. A. Preapplication requirement...... Prior to filing an application for planned development, the applicant shall prepare a preliminary plan showing the concept, character and nature of the proposed development for review by the director of planning and zoning and other county department heads or their designees, as the director deems appropriate. The preliminary plan shall show the following information: 1. Location of residential and nonresidential land uses; 2. Categories of uses to be permitted; 3. Overall maximum density of residential uses and intensity of nonresidential uses; 4. Location of vehicular and pedestrian circulation systems; 5. Location and extent of public and private open space and community facilities; 6. Location of sewer, water, and drainage systems; and 7. Projected phasing of development. Upon completion of the preliminary plan review by the director of planning and zoning, the applicant shall be provided with written comments and/or recommendations as may be used to inform and assist the applicant in preparing an application for approval of the planned development. Upon request by the director or the applicant, a pre -application conference may be held. No communications received by the applicant or the county in conjunction with review and comment on the preliminary plan are binding on either the county or the applicant. (11-17-16; 7- 19-18.) Sec. 4-14005. - Submission requirements. Applications for a planned development amendment shall be submitted as required for other zoning amendments. Materials submitted with the application or on subsequent request by the planning commission shall include all plans, maps, studies and reports which may reasonably be required to make the determinations called for in the particular case, with sufficient copies for necessary referrals and records. All maps taken together with all reports and other written materials shall be considered the master development plan. The following shall be submitted for a planned development application: A. The names and addresses of all professional consultants advising the applicant with respect to the proposed planned development. B. A written statement generally describing; the proposed planned development, the market which it is intended to serve and its relationship to the Isle of Wight County Comprehensive Plan. C. A general land use plan prepared by a licensed surveyor, engineer, architect, landscape architect or planner utilizing a scale so that the entire parcel can be shown on one (1) piece of paper no larger than thirty (30) inches by forty (40) inches. In no case, however, shall the scale be less than one (1) inch equals eight hundred (800) feet. The scale used shall be acceptable to the director of planning and zoning. The general land use plan shall include, but not be limited to: 1. An inset map at a scale of not less than one (1) inch equals one (1) mile showing the property in relation to surrounding roads, subdivision or major landmarks. 2. A north arrow and graphic scale. 3. The location of existing property lines, watercourses or lakes, wooded areas and existing roads which are within or adjoin the property. 4. A description of the type, location and nature of land use within each area of the development, including intensity of use. Intensity of use may be regulated as follows: a. For nonresidential development, the intensity of development may be regulated: (a) by specifying the maximum square footage or gross leasable area, (b) by specifying setbacks, height and bulk restrictions, or (c) by a combination of such restrictions for the project as a whole or for components or subareas within the project. In addition, nonresidential planned development plans may specify performance standards to be imposed on the project and restrictions regarding location and nature of industrial, commercial and other nonresidential activities. The maximum density of a nonresidential planned development shall not exceed the maximum density allowed under the planned development commercial park (section 4-17000), planned development mixed :1 use (section 4-18000) and planned development industrial park (section 4- 19000) districts, whichever may be applicable. b. The maximum number of dwelling units in a planned development shall not exceed the maximum density allowed under the planned development residential (section 4-15000), planned development manufactured home park (section 4-16000) and planned development mixed use (section 4-18000) districts, whichever may be applicable, and shall be calculated as set forth in the applicable district regulations. 5. A proposed traffic circulation concept which illustrates both arterial and internal collector streets related to the development, including proposed right-of-way. 6. A generalized layout and description of water and sewer service, schools, fire protection, recreation and similar essential services. 7. A delineation and description of the minimum open space and common areas, the location of any proposed improvements within the open space and common areas, and any perimeter and buffer areas. 8. A general statement describing the provision that is to be made for the dedication or care and maintenance of any public or private open space or service facilities. 9. A tabulation of the following information: a. The total number of dwelling units proposed by type of structure; b. The total square feet of building floor area for nonresidential uses by general type; c. The total land area, expressed in acres and a percent of the total development area, proposed to be devoted to residential and nonresidential uses by type of use, and open space; d. The proposed schedule of off-street parking and loading spaces for each proposed type of land use; and C. Bulk, area and height restrictions specified for the project as a whole or for subareas and/or components of the project. D. A community impact statement in accordance with the requirements of subsection 1- 1015.17. E. A plan or report indicating the extent, timing, and estimated cost of all off -site improvements such as roads, water, sewer and drainage facilities necessary to the construction of the planned development. Such plan or report shall relate to the sequence of development. If the planned development is proposed for construction in phases during a period extending beyond one (1) year, a proposed development schedule shall be submitted for each phase stating the following: 1. The overall chronology of development to be followed from phase to phase with approximate dates for beginning and completion of each development phase. 2. The infrastructure improvements that will be completed with each phase of construction and the estimated cost of each phase. 3. The proposed intensity of use for each type of Iand use to be provided or constructed during each phase and the projected market absorption for each use type. 4. The total amount of public and private open space, and recreational uses to be provided or constructed during each phase. F. Evidence that the applicant has sufficient control over the subject property to effectuate the proposed planned development, including a statement of legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including a current certificate abstract of title of commitment from title insurance. G. Architectural sketches of typical proposed residential and nonresidential structures, typical recreation areas, typical landscaping and screening areas, and typical development clusters. In addition, architectural specifications, guidelines, review procedures, statement of architectural variety and enforcement mechanisms for architectural review of all buildings and structures shall be provided. Ml H. The appropriate filing fee. All written and graphic information submitted as a part of an application for a planned development shall be considered as conditions of the application, and once approved by the board of supervisors, shall be binding on the property owner. (I 1-17-16; 7-19-18.) Sec. 4-14006. - Regulations pertaining to all planned developments. A. A planned development shall comply with the following design criteria unless otherwise approved by the board of supervisors during the approval of the master development plan, with a recommendation from the planning commission: 1. Dimensional and use requirements. a. Residential planned development shall be in accordance with the planned development residential (PD-R) district regulations and the planned development manufactured home park (PD-MH) regulations, whichever may be applicable. b. Commercial, office, public and semipublic planned development shall be in accordance with planned development commercial park (PD-CP). C. Industrial planned development shall be in accordance with planned development industrial park (PD-IP). d. Mixed -use planned development shall be in accordance with planned development mixed use (PD-MX). 2. Utilities...... All development within all planned development districts shall be served by public utility facilities. 3. Street, sidewalks, street lighting and stormwater drainage. All streets, sidewalks, street lighting, and stormwater drainage improvements shall meet the design and construction requirements of all applicable county ordinances and Virginia Department of Transportation. b. Private streets may be permitted upon the approval of the board of supervisors. C. Pedestrian pathways or bikeways shall be provided and may be located parallel to the street or away from the road system with considerations for safety and convenient access, and the preservation of natural features and provide visual interests. d. Street lights shall generally be provided at each intersection and adequately spaced in parking lots and other public areas. e. Drainage facilities for the adequate control of stormwater drainage and erosion and sedimentation shall be provided in accordance with the Virginia Erosion and Sediment Control Handbook and the Virginia Department of Transportation Drainage Manual. 4. [Fire hydrants.] ..... Fire hydrants shall be at locations and of types approved by the county. 5. [Other features.] ..... Natural features and amenities, which would add value to the development or to the county as a whole, such as trees, watercourses, historical features, and similar irreplaceable assets, shall be preserved to the maximum extent possible. 6. [Signs.] ..... Signs shall be in accordance with ordinance requirements. 7. Open space and recreation. a. Existing trees eight (8) inches or more in diameter measured at breast height (four and one-half (4!fi) feet from ground level) shall be given high priority in determining the location of open space, structures, underground utilities, walks, and paved areas. Areas in which trees are preserved shall remain at original grade level and shall remain undisturbed wherever possible. b. Developed open space shall be designed to provide active recreation facilities, which include such complementary improvements as are necessary and appropriate for the use, benefit, and enjoyment of the residents of the development. C. Undeveloped open space shall be designed to preserve important site amenities and environmentally sensitive lands. 88 8. [Applicability.] ..... Where development and/or design standards are not established by these districts or during the master plan approval process, the provisions of this ordinance shall apply, as determined by the zoning administrator. B. Variations to design criteria. 1. Exceptions to the design criteria as outlined above under subsection A. may be granted by board of supervisors following a recommendation from the planning commission provided that: a. Such exception shall be solely for the purpose of promoting an integrated plan no less beneficial to the residents or occupants of the development, as well as neighboring property, than would be obtained under the applicable regulation. b. The uniqueness of the proposal requires that geometric design of streets, sidewalks and street lights be modified in the interest of the inhabitants and are not inconsistent with the interests of the county as a whole. 2. It shall be the responsibility of the applicant to demonstrate to the satisfaction of the planning commission and the board of supervisors with respect to any requested waiver or modification: a. That the waiver or modification will result in design and construction that is in accordance with accepted engineering standards; b. That the waiver or modification is reasonable because of the high level of design and construction that will be incorporated in the planned development; C. That any waiver or modification to street geometry is reasonable with respect to the generation of vehicular traffic that is estimated to occur within the area of the master development plan; d. That any waiver or modification as to sidewalks required for collector streets or larger commercial areas, industrial areas and residential areas where densities exceed ten (10) dwelling units per acre be justified on the basis of anticipated pedestrian traffic or because other provisions are made for pedestrian traffic and that all sidewalks or pedestrian ways not within the public rights -of -way are maintained by the property owners' association; e. That traffic lanes of streets are sufficiently wide to carry the anticipated volume and speed of traffic; f. That the developer shall make provisions to have all streets, sidewalks and stormwater drainage modifications approved in advance by the Virginia Department of Transportation; and g. That the developer shall have provisions approved in advance by the director of public works for the maintenance of decorative street lights which are more expensive to maintain than county standard streetlights. C. Use exceptions. 1. In the case of planned developments, the planning commission may recommend and board of supervisors may authorize, specific uses not permitted in the district, provided such uses do not occupy more than thirty percent (30%) of the gross acreage of the total project and that the board of supervisors consider the following in making their determination: a. That the uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development. b. That the uses permitted by such exception are not of such a nature or located so as to exercise a detrimental influence on the surrounding neighborhood. 2. Conditional uses may be considered and granted as part of the approved master development plan. D. [Development standards and architectural guidelines.] ..... Development standards and architectural guidelines in a master development plan approved by the board of supervisors that are designated as controlling over standards and guidelines for the highway corridor overlay (HCO) district or the Newport development service overlay (NDSO) district specifically identified as conflicting by the applicant, shall be effective with respect to the M. related planned development. Standards and guidelines for the HCO district or the NDSO district that are not specifically identified as conflicting and supplanted in the approved master development plan shall be effective with respect to the planned development. (l 1-17- 16; 7- 19-18.) Sec. 4-14007. - Modifications to the approved master development plan. A. Minor modifications. 1. Minor modifications of the master development plan may be authorized by the planning commission, provided the modification will not: a. Change by more than ten percent (IO°-o) (up to a maximum of ten (10) acres) the amount of area devoted to any residential or nonresidential use, provided that there is no increase in the total number of dwelling units. b. Decrease the amount of area devoted for private and;`or public open space more than five percent (5%) (up to a maximum of five (5) acres). c. Relocate the approved circulation elements to any extent that would decrease the ability of such elements to function efficiently or adversely affect their relation to surrounding lands and circulation elements. d. AIter the arrangement of land uses, other than the expansion or contraction of the boundaries of approved land uses. C. Depart from the approved master development plan in any other manner which the planning commission shall, based on stated findings and conclusions, find materially alters the plan or concept for the proposed planned development. Be contrary to the legislative intent of the board of supervisors in approving said master development plan. B. Major modifications...... Any proposed major modification, as determined by the planning commission, shall not be approved without amendment to the master development plan in accordance with the same procedures as specified for initial submission. (11-17-16; 7-19- 18.) Part 15. - Planned Development Residential (PD-R) District. Sec. 4-15001. - General description. Planned development residential districts are designed to encourage innovative and creative design of residential development; facilitate use of the most advantageous construction techniques; maximize the conservation and efficient use of open space and natural features; and provide a variety of affordable types of housing. This district is Iimited to locations within the development service district(s) associated with the comprehensive plan where public benefits, in the form of highway improvements, utilities, affordable housing, parks, sites appropriate for construction of schools or other needed community facilities, are provided as a part of the development approval process in exchange for higher densities. Threshold size and location requirements for their designation are included to guide decisions concerning their location. (11- 17-16; 7-19-18.) Sec. 4-15002. - Permitted uses. The following uses are pennitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Farmer's market * Forestry operation, silvicultural and/or timbering B. Residential uses: * Accessory apartment - Residential accessory apartment - Commercial accessory apartment * Community recreation * Condominium * Congregate housing Dwelling, single-family Dwelling, two-family duplex * Family day care home * Home occupation, Type I * MuItifamily dwelling * Temporary emergency housing * Townhouse C. Civic uses: * Community center Cultural service * Educational facility, primary/secondary Life care facility * Modular classroom * Nursing home Post office Public park and recreational area * Utility service/minor D. Commercial uses: * Construction office, temporary * Golf course Real estate office, temporary E. Miscellaneous uses: * Amateur radio tower * Reconstructed wetland 01-17-16; 7-19-18.) Sec. 4-15003. - Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Greenhouse, private * Stable, commercial • In conjunction with residence * Stable, private B. Residential uses: 91 * Boathouse * Dwelling, multifamily conversion Group home C. Civic uses: * Adult care center Assisted living facility * Cemetery • Church * Child care center * Child care institution Club Educational facility, college/university Halfway house Park and ride facility Public safety service * Religious assembly * Utility service/major D. Commercial uses: * Bed and breakfast Boarding house Commercial indoor entertainment * Commercial indoor sports and recreation * Commercial outdoor swimming pool and tennis facility *Marina (7-19-18.) Sec. 4-15004. - Lot size requirements. A. Minimum tract size:..... Minimum area required for creation of a PD-R district shall be appropriately sized to meet all required lot size and bufferyard requirements, bulk regulations, and additional site plan requirements as specified in the zoning ordinance. The minimum required area may be in a parcel in single ownership or in combination with contiguous parcels. If an application is to be made for rezoning to a planned development residential in contiguous parcels, the applicant must provide legal agreements showing marketable title to the subject properties and the source of the applicant's title and interest in the subject properties. B. Minimum lot area: 1. Single-family detached home: Eight thousand (8,000) square feet. 2. Zero lot line: Six thousand (6,000) square feet. C. Minimum lot width: 1. Single-family detached home: Sixty (60) feet. 2. Zero lot line: Fifty (50) feet. D. Minimum frontage requirements: 1. Single-family detached: Forty-eight (48) feet. 2. Zero lot line: Forty (40) feet. E. [Lot size compliance.] ..... The Iot size requirements for an attached townhouse or for a multifamily dwelling developments shall comply with the provisions in the supplementary use regulations in section 5-5002. (11-17-16; 7-19-18.) Sec. 4-15005. - Visual 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. (1 l- 17-16; 7-19-18.) Sec. 4-15006. - Bulk regulations. A. Maximum building height: 1. All buildings:..... Thirty-five (35) feet or three (3) stories, whichever is lesser. B. Maximum density: 1. Conventional single-family subdivision: Three and one-half (3.5) dwelling units per acre. 2. Floor area ratio for nonresidential: One-fourth (0.25) square foot 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: Minimum front yard setback: a. Single-family detached: Twenty-five (25) feet. b. Zero lot line: Twenty-five (25) feet. 2. Minimum side yard setback: a. Single-family detached: Eight (8) feet. b. Zero lot line: Zero (0) to ten (10) feet. 3. Minimum rear yard setback: a. Single-family detached: Twenty (20) feet. b. Zero Iot line: Twenty (20) feet. 4. [Bulk regulations.] ..... 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: Forty percent (40%). 2. Zero lot line: Fifty percent (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. 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. (11-17-16; 7-19-18.) Sec. 4-15007. - Additional regulations. 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. 9 B. Refer to article VI for regulations with the historic overlay (HO) district, highway corridor overlay (HCO) district, floodplain 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. (11-17-16; 7-19-18.) Part. 16. - Planned Development Manufactured Home Park (PD-MH) District. Sec. 4-16001. - General description. A. The intent of the planned development manufactured home park district is to provide for planned manufactured home residential developments including related recreational and service facilities. B. It is further the purpose to provide sites for such developments at appropriate Iocations within Isle of Wight County in relation to the existing and potential development of the surrounding areas. These sites will be compatible with other uses and community facilities in such a manner as to afford a proper setting for such developments consistent with the objectives and recommendations of the comprehensive plan. C. It is the intent of the planned development manufactured home park district to provide the maximum amount of freedom possible in the design of manufactured home developments and the grouping and layout of manufactured homes within such developments; to provide the amenities normally associated with planned residential areas; to require the development of well -planned associated facilities and services linking residential and recreational facilities; to encourage site development plans which will maximize compatibility between manufactured home developments and the development on adjoining land; and, to permit freedom in type of ownership within manufactured home developments. D. In order to assist in achieving the flexibility of design needed for the implementation of these purposes, a master development plan is required to be submitted as a part of the rezoning application for a planned development manufactured home park district in accordance with section 4-14000, planned development districts. If the rezoning is granted, a detailed site plan must be submitted and approved prior to the issuance of a zoning and land disturbing permit. The site plan must comply with all of the specific and general requirements contained herein. (11-17-16; 7-19-18.) Sec. 4-16002. - Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Forestry operation, silvicultural and/or timbering B. Residential uses: * Community recreation * Home occupation, Type I * Manufactured home, Class A * Manufactured home, Class B Manufactured home park Manufactured home subdivision C. Civic uses: * Utility service/minor D. Commercial uses: * Construction office, temporary Real estate office, temporary E. Miscellaneous uses: * Amateur radio tower 01-17-16; 7-19-18.) Sec. 4-16003. - Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations for those specific uses. A. Civic uses: Park and ride facility * Utility service/major B. Miscellaneous uses: * Reconstructed wetland (11-17-16; 7-19-18.) Sec. 4-16004. - Lot size requirements. A. Minimum tract size:..... The minimum required area may be in a parcel in single ownership or in combination with contiguous parcels. If an application is to be made for rezoning to planned development districts in contiguous parcels, the applicant must provide legal agreements showing marketable title to the subject properties and the source of the applicant's title and interest in the subject properties. Manufactured home park:..... Ten (10) acres. 2. Manufactured home subdivision:..... Ten (10) acres. 3. Manufactured home park and subdivision:..... Twenty (20) acres. a. In the case of a combination manufactured home park and subdivision, the park portion shall be separate from the subdivision and the subdivision portion shall consist of a minimum of ten (10) acres. B. Minimum lot area:..... Six thousand (6,000) square feet. C. Minimum lot width:..... Sixty (60) feet. D. Minimum lot frontage: ..... Sixty (60) feet. (i 1-17-16; 7-19-18.) Sec. 4-16005. - Buffer requirements. A. In addition to the single-family residential lot landscaping requirements of subsection 8- 1005Y, at a minimum, all manufactured home developments shall provide buffer zone Iandscaping 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 seventy (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. D. No manufactured home shall be located closer than forty (40) feet to any service building within the manufactured home development. (11-17-17; 7-19-18.) Sec. 4-16006. - Bulk regulations. A. Maximum building height: 1. All buildings:..... Thirty (30) feet or two (2) stories, whichever is Iesser. 95 10.3 C. Density requirements: I . Maximum number of spaces or lots:..... Two hundred (200). 2. Minimum number of spaces or lots:..... Fifteen (15). 3. Manufactured home units per acre:..... Six (6). 4. Floor area ratio for nonresidential: developable area. Minimum setback requirements: One-fourth (0.25) square feet per foot of net Minimum front yard setback:..... Twenty (20) feet. 2. Minimum side yard setback: a. Interior lot or space: One (1) side: Ten (10) feet. Both sides: Twenty-five (25) feet. b. Corner lot or space: Twenty (20) feet. 3. Minimum rear yard setback: a. Manufactured home park: Ten (10) feet. b. Manufactured home subdivision: Twenty (20) feet. D. Maximum building coverage:..... Thirty-five percent (35° o). E. Minimum open space ratio: ..... Forty percent (40°0). (11-17-16; 7-19-18.) Sec. 4-1 6007. - Manufactured home subdivision standards. A. [Compliance required.] ..... 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 doublewide 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. 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, andior 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 a 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...... 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 pen -nit repeated cleaning and washing and shall be maintained at a temperature of at least sixty-eight (68) degrees Fahrenheit during the period from October I 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. 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. (11-17-16; 7-19-I8.) Sec. 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 doublewide 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. 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 arranged to shine inward so that it does not encroach onto adjacent properties or impair the safe movement of traffic. UFA 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, ande"or outdoor storage yards in accordance with the screening zone specifications of section 8-1005. G. Open space...... A minimum of forty percent (401-o) 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. 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. K. Accessory structures and uses...... 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.); 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 (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. L. 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. 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 (11-17-16; 7-19-18.) Sec. 4-16009. - Performance surety. A. All physical improvements required by the provisions of this section shall be installed to serve the development. The owner -developer shall submit surety in a form acceptable to the county attorney, guaranteeing that the improvements will be installed within a designated length of time. Surety shall be in an amount equal to the total cost of such improvements, as estimated by a licensed engineer, plus a ten -percent contingency allowance. B. The board of supervisors shall establish such additional requirements as are in the best interests of the public. (11-17-16; 7-19-18.) Sec. 4-16010. - Existing manufactured home parks. Any manufactured home park that is in existence at the effective date of this ordinance will be allowed to continue as it is presently being operated. However, any addition or expansion to any existing manufactured home park after the effective date of this amendment shall be required to conform with the regulations of this section. (I1-17-16; 7-19-18.) Sec. 4-1601 l . - Inspection of manufactured home parks. All manufactured home parks, appurtenant facilities and records shall be open to inspection by the zoning administrator and authorized public officials. Public records as related to this ordinance shall be defined as records pertaining to the operation of the park, such as occupants' names and addresses, water usage and street improvements, but not private information such as rental fees, cost of operation and profit. (11-17-16; 7-19-18.) Sec. 4-16012. - Additional regulations. 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, floodplain 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 Vill 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. (11-17-16; 7-19-18.) Part 17. - Planned Development Commercial Park (PD-CP) District. Sec. 4-17001. - General description. This district is created to permit the development of commercial uses and regional commercial centers in scale with surrounding market areas at locations recommended in the comprehensive plan and in accordance with the standards set forth therein (see applicable sections concerning activity centers and development service district(s) of the comprehensive plan). These centers shall serve areas not already conveniently and adequately provided with commercial service facilities of the kind proposed. It is intended to permit the establishment of such districts only where planned centers with carefully organized buildings, service areas, parking areas, and landscaped open space will clearly serve demonstrated public needs, reduce marginal traffic friction below that which would result from strip commercial development along highways, and protect property values in surrounding neighborhoods. It is further intended that planned development commercial parks shall provide a broad range of facilities and services appropriate to the general need of the area served. (11-17-16; 7-19-18.) Sec. 4-17002. - Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Agricultural farm equipment sales and service Agricultural farm product processing, warehousing and distribution service Agricultural feed, seed, and farm supply service Agricultural service/agent * Forestry operation, silvicultural and/or timbering B. Civic uses: Administrative service * Adult care center * Child care center Club * Community center Crisis center * Educational facility primary/secondary * Modular classroom * Nursing home Park and ride facility Post office Public sports/event facility * Public maintenance and service facility Public safety service Rehabilitation service Transit station * Utility service/minor C. Office uses: Financial institution General office Laboratory Medical office D. Commercial uses: Auction establishment Boating and fishing facilities Business support service Business or trade school Car wash Catering Commercial indoor entertainment * Commercial indoor sports and recreation * Construction office, temporary Mile] * Contractor office and storage facility * Funeral home Garden center * Golf course * Golf driving range HoteUmotel!'motor lodge/inn * Marina * Micro -brewery, distillery, cidery * Mini -warehouse * Motor vehicle dealership/new * Motor vehicle parts/supply, retail * Motor vehicle/rental Personal improvement service Personal service * Restaurant, drive-in fast food Restaurant, general Retail sales Studio, fine arts Tattoo parlor Veterinary hospital/clinic Wholesale sales E. Industrial uses: Custom manufacturing *Shipping container F. Miscellaneous uses: * Amateur radio tower (11-17-16; 7-19-18.) Sec. 4--17003. - Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Livestock auction market B. Residential uses: * Accessory apartment • Commercial accessory apartment C. Civic uses: * Cemetery 101 • Private • Public Educational facility, college. -university * Utility service/major D. Commercial uses: Commercial indoor amusement * Commercial outdoor entertainment/sports and recreation * Commercial outdoor swimming pool and tennis facility Construction sales and service * Convenience store * Crematorium Equipment sales and rental * Gasoline station Hospital Hospital, special care * Kennel, commercial Manufactured home sales Medical clinic * Motor vehicle dealership.'used Motor vehicle/outdoor storage * Motor vehicle repair service/major * Motor vehicle repair service/minor Recreational vehicles, sales and service E. Industrial uses: * Construction yard Industry, Type 1 Refuse and recycling center F. Miscellaneous uses: * Aviation facility, general * Aviation facility, private * Communication tower Parking facility, surface/structure * Reconstructed wetland (11-17-16; 7-19-18.) Sec. 4-17004. - Lot size requirements. A. Minimum tract size:..... Minimum area required for creation of a PD-CP district shall be appropriately sized to meet all required lot size and bufferyard requirements, bulk regulations, and additional site plan requirements as specified in the zoning ordinance. 101p) The minimum required area may be in a parcel in single ownership or in combination with contiguous parcels. If an application is to be made for rezoning to planned development commercial park districts in contiguous parcels, the applicant must provide legal agreements showing marketable title to the subject properties and the source of the applicant's title and interest in the subject properties. B. Minimum lot area, width, frontage and setbacks:..... There shall be no minimum lot area, width, frontage and setback requirements for any lot within a planned development commercial park district other than as specified in an approved master development plan. The planned development shall be designed to be compatible with surrounding, adjacent, and nearby properties, both developed and undeveloped. Therefore, consideration shall be given during the design process of such planned developments to location, orientation, spacing and setback of buildings, maintenance of landscaping areas, location of access points, size and location of signage, common open spaces, vehicular parking and movement areas, grading, preservation of existing vegetation, overall landscaping, and stormwater management. (11-17-I6; 7-19-18.) Sec. 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 thirty (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 10:00 p.m. and 5:00 a.m. 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. (11- 17- 16; 7-19-18.) Sec. 4-17006. - Bulk regulations. A. Maximum building height: I . All buildings:..... Fifty (50) feet. B. Density requirements: 1. Floor area ratio for nonresidential:..... Two -fifths (0.40) square foot per foot of net developable area. C. Maximum building coverage:..... Thirty percent (30%). D. Maximum lot coverage:..... Sixty percent (60%). E. Minimum open space ratio (OSR):..... Thirty percent (30%) calculated using the entire park as one (1) tract. (11-17-16; 7-19-18.) Sec. 4-17007. - Vehicular and pedestrian entrances and exits. Principal vehicular access for the general public shall be from arterials, secondary or collector streets. Vehicular access from minor streets through residential neighborhoods shall generally be avoided, but where permitted shall be so located, designed, and controlled as to be primarily for convenience of residents of adjoining residential areas and not for general public access. Pedestrian access may be provided at any suitable location within and to the district, but shall, as a general rule, be separated from vehicular access points in order to reduce congestion, marginal friction, and hazards. Service drives, turn -out lanes, and merging lanes may be required at principal vehicular access points, with length and width as appropriate to the anticipated flow of traffic. Traffic separation devices may be required at such entrances and exits and along service drives, turn -outs or merging lanes. (11-17-16; 7-19-18.) Sec. 4-17008. - Site planning; external relationships. 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. (11-17-16; 7-19-18.) Sec. 4-17009. - Site planning; internal relationships. 103 Commercial buildings shall be so grouped in relation to parking areas that after customers arriving by vehicles enter the park, establishments can be visited with a minimum of internal vehicular movement. Facilities and access routes for deliveries, servicing, and maintenance shall, so far as reasonably practical, be separated from customer access routes and parking areas. Areas where deliveries to customers in vehicles are to be made or where services are to be provided for vehicles shall be so located and arranged as to prevent interference with pedestrian traffic within the park. (11-17-16; 7-19-18.) Sec. 4-17010. - Additional regulations. 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 V1 for regulations with the historic overlay (HO) district, highway corridor overlay (HCO) district, floodplain 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. (11-17-16; 7-19-18.) Part 18. - Planned Development Mixed Use (PD-MX) District. Sec. 4-18001. - General description. It is the intent of this district to allow a more flexible approach to the development of large tracts of land in terms of land use, density, and design. Integration of land uses is encouraged to help reduce the need for vehicular travel by integrating housing into the overall design of commercial or "mixed used" centers. These centers are intended to mix a variety of housing types with large-scale employment, or shopping centers, restaurants, civic and office uses. Homes are blended into a built working environment to form a workplace that will not only reduce vehicle miles of travel, but also present opportunities for workers to walk or bike to work. Flexibility in zoning will be provided to pen -nit such large-scale, mixed -use development through floating zones. To minimize noontime travel, the types of uses that are permitted in a mixed -use project may include retail, medical, and other consumer related or "personal" services. Areas within or adjacent to "mixed use centers" identified in the comprehensive plan may be appropriate for future expansions of this district. A planned development mixed use development shall be designed to be compatible with surrounding, adjacent, and nearby properties, both developed and undeveloped. Therefore, consideration shall be given during the design process of such planned developments to location, orientation, spacing and setback of buildings, maintenance of landscaping, access points, size and location of signage, common open spaces, vehicular parking and movement areas, preservation of existing vegetation, overall landscaping, grading and stormwater management. According to the county's comprehensive plan, the intent of the PD-MX district is to accommodate a diversity of uses at existing or future major road intersections, where public sewer and water are proposed with a capacity for more intensive development. This zoning district is also the most appropriate district to govern the future development of the county's urban development areas (UDA) as designated on the future land use plans. The UDA boundaries shall be determined by the boundaries depicted on the development service district (DSD) land use plan maps as shown in the comprehensive plan, as may be amended by the board of supervisors. In keeping with the Code of Virginia, development within designated UDAs should be based on the principles and features of traditional neighborhood design (TND). These features may include, but are not limited to: (i) pedestrian -friendly road design, (ii) interconnection of new local streets with existing local streets and roads, (iii) connectivity of road and pedestrian networks, (iv) preservation of natural areas, (v) mixed use neighborhoods, including mixed housing types, with affordable housing to meet the projected family income distributions of future residential growth, (vi) reduction of front and side yard setbacks, and (vii) reduction of street widths and turning radii at subdivision intersections. In addition to the requirements for 104 PD-MX districts including in this article, all UDA development must meet the minimum development standards for traditional neighborhood design found in article V of the Isle of Wight County subdivision ordinance. (11-17-16; 7-19-I8.) Sec. 4-18002. - Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Farmer's market * Forestry operation, silvicultural and/or timbering B. Residential uses: * Accessory apartment • Residential accessory apartment • Commercial accessory apartment * Community recreation * Condominium * Congregate housing Dwelling, single-family * Dwelling two-family duplex * Family day care home * Home occupation, Type I * Multifamily dwelling * Temporary emergency housing * Townhouse C. Civic uses: Administrative service * Community center Cultural service * Educational facility, prim aryr"secondary Life care facility * Modular classroom * Nursing home Post office * Public park and recreational area Public safety service Rehabilitation service Transit station * Utility service/minor 105 D. Office uses: Financial institution General office E. Commercial uses: * Antique shop Business support service * Construction office, temporary Garden center * GoIf course * Micro -brewery, distillery, cidery * Motor vehicle parts/supply, retail Personal improvement service Personal service Real estate office, temporary * Restaurant, drive-in fast food Restaurant, general Retail sales Studio, fine arts Veterinary hospital 'clinic Wholesale sales F. Miscellaneous uses: * Amateur radio tower * Reconstructed wetland (11-17-16; 7-19-18.) See. 4-18003. - Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Agricultural farm equipment sales and service Agricultural feed, seed, and farm supply service Greenhouse, commercial and/or nursery - Not in conjunction with residence Greenhouse, private * Stable, commercial • In conjunction with residence B. Residential uses: * Boathouse 106 * Dwelling, multifamily conversion Group home C. Civic uses: * Adult care center Assisted living facility * Cemetery • Church • Private • Public * Child care center * Child care institution Club Educational facility, college/university Halfway house Park and ride facility Public sports/event facility * Religious assembly * Utility service.'major D. Office uses: Laboratory Medical office E. Commercial uses: * Bed and breakfast Boarding house Boating and fishing facilities Business or trade school Car wash Catering Commercial indoor amusement Commercial indoor entertainment * Commercial indoor sports and recreation * Commercial outdoor entertainment/sports and recreation * Commercial outdoor swimming pool and tennis facility * Convenience store * Funeral home * Garden center * Gasoline station 107 * Golf driving range Hospital Hospital, special care Hotel/motel/motor lodge/inn * Marina Medical clinic * Motor vehicle repair service/minor Tattoo parlor F. Industrial uses: Custom manufacturing G. Miscellaneous uses: * Communication tower Parking facility, surface/structure (11-17-16; 7-19-18.) Sec. 4-18004. - Lot size requirements. A. Minimum tract size...... Minimum area required for creation of a PD-MX district shall be appropriately sized to meet all required lot size and bufferyard requirements, bulk regulations, and additional site plan requirements as specified in the zoning ordinance. The minimum required area may be in a parcel in single ownership or in combination with contiguous parcels. If an application is to be made for rezoning to planned development mixed use in contiguous parcels, the applicant must provide legal agreements showing marketable title to the subject properties and the source of the applicant's title and interest in the subject properties. B. Minimum lot area, width, frontage and bulk regulations...... There shall be no minimum lot area, width, frontage and setback requirements for any lot within a planned development mixed use district other than as specified in an approved master development plan. (11-17- 16; 7-19-I8.) Sec. 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. (11- 17-16; 7-19-18.) Sec. 4-18006. - Bulk regulations. A. Maximum building height: All buildings:..... Fifty (50) feet. B. Density requirements (for non-UDA areas):..... Number of dwelling units per acre: 1. Conventional single-family subdivision:..... Three and one-half (3.5). 2. Townhouse developments:..... Ten (10). 3. Multifamily residences and condominiums:..... Fourteen (14). 4. Floor area ratio for nonresidential:..... Thirty-five hundredths (0.35) square foot per foot of net developable area. C. Density requirements for UDA areas:..... Minimum number of dwelling units per acre: 1. Conventional single-family subdivision:..... Four (4). 2. Townhouse developments:..... Six (6). 3. Multifamily residences and condominiums:..... Twelve (12). ' •1 4. Floor area ratio for nonresidential:..... Four -tenths (0.4) square foot per foot of net developable area. D. Maximum coverage:..... The open space ratio shall be established as part of the master development plan approval and shall supersede requirements for specific uses. (11-17-16; 7- 19-18.) Sec. 4-18007. - Commercial and industrial uses. A. No more than forty percent (40%) of the total land, which may be zoned planned development mixed use district shall be devoted to office, commercial andlor industrial uses. (11-17-16; 7-19-18.) Sec. 4-18008. - Vehicular and pedestrian entrances and exits to commercial and industrial uses. A. Principal vehicular access for the general public shall be from arterial, secondary or collector streets. Vehicular access from minor streets through residential neighborhoods shall be so located, designed, and controlled as to be primarily for convenience of linking retail, other commercial and office uses to residential components of the development or for adjoining residential areas and not for general public access. B. Pedestrian and bicycle ways shall be incorporated into the development to connect all uses throughout the development, so as to minimize conflicts with vehicular traffic. Pedestrian and bicycle ways shall also be extended to adjacent properties. C. Service drives, turn -out lanes, and merging lanes may be required at principal vehicular access points, with length and width as appropriate to the anticipated flow of traffic. Traffic separation devices may be required at such entrances and exits and along service drives, turn -outs or merging lanes. (11-17-16; 7-19-18.) Sec. 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 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. (11-17-16; 7-19-18.) Sec. 4-18010. - Site planning; internal relationships. A. Buildings containing retail, commercial, or office type uses shall be so grouped in relation to parking areas so no further vehicular movement is necessary after parking a vehicle to accommodate customer access. Facilities and access routes for deliveries, servicing, and maintenance shall, so far as reasonably practical, be separated from customer access routes and parking areas. Deliveries to customers in vehicles and services to vehicles shall be arranged to prevent interference with pedestrian traffic. B. Residential uses shall be arranged within the planned development to allow maximum pedestrian convenience and access to commercial uses within reasonable walking distance. Residential and commercial uses may also be located within the same structure. C. Pedestrian entrances for the general public to enter commercial uses shall be separate from residential pedestrian entrances when residential and commercial uses are contained within the same structure. All service and loading areas shall also be separated from residential pedestrian entrances. (11-17-16; 7-19-18.) Sec. 4-18011. - Recreation areas. For each area on the master development plan designated for single-family, attached townhouse, or multifamily uses, a recreation area or areas shall be provided. The developer shall install playground equipment, playfields, tennis courts or other recreation facilities in accordance with the guarantees established as part of master development plan approval. The composition of the facilities to be installed shall be approved by the director of planning and zoning prior to approval of the final construction plan or plans. Such facilities shall be owned and maintained by the developer or the homeowners' association. (11-17-16; 7-I9-18.) 109 Sec. 4-18012. - Additional regulations. 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, floodplain 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. H. Refer to article V for traditional neighborhood design development standards in the Isle of Wight County subdivision ordinance for development within UDAs. (11-17-16; 7-19-18.) Part 19. - Planned Development Industrial Park (PD-IP) District. Sec. 4-19001. - General description. It is the intent of this district to provide for planned development of business parks or employment centers in campus -like settings. PD-IP districts are further intended to provide for areas devoted to industrial uses that present an attractive appearance and complement surrounding land use character by means of appropriate siting of buildings and service areas and landscape treatment. It is intended that PD-IP districts be located in areas having all of the following: water and sewer facilities that meet applicable standards and are acceptable to the board of supervisors, one (1) or more major highways, and clearly demonstrated suitability for intended uses in the context of the proposed site's physical characteristics and relationship to surrounding development. (11-17-16; 7-19-18.) Sec. 4-19002. - Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Agricultural farm equipment sales and service Agricultural fann product processing, warehousing and distribution service Agricultural feed, seed, and farm supply service Agricultural service/agent * Forestry operation, silvicultural and/or timbering Greenhouse, commercial and/or nursery • Not in conjunction with residence * Livestock auction market B. Civic uses: Administrative service * Adult care center Park and ride facility Public sports/event facility * Public maintenance and service facility 110 Public safety service Transit station * Utility service/major * Utility service/minor C. Office uses: Laboratory D. Commercial uses: Auction establishment Boating and fishing facilities Business support service Business or trade school * Commercial indoor sports and recreation * Construction office, temporary Construction sales and service * Contractor office and storage facility * Convenience store Equipment sales and rental * Garden center Laundry Lawn and garden services * Marina * Micro -brewery, distillery, cidery * Mini -warehouse Motor vehicle/outdoor storage * Motor vehicle parts/supply, retail * Motor vehicle/rental * Motor vehicle repair service/major * Motor vehicle repair service/minor Personal improvement service Personal service * Restaurant, drive-in fast food Restaurant, general Tattoo parlor Truck stop Wholesale sales E. Industrial uses: Brewery, distillery, cidery III * Construction yard Custom manufacturing Industry, Type I Industry, Type lI Meat packing * Recycling center Refuse and recycling center * Shipping container Transfer station Warehousing and distribution F. Miscellaneous uses: * Amateur radio tower Parking facility, surface/structure (11-17-16; 7-19-18.) Sec. 4-19003. - Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Agriculture Aquaculture Aquaculture, waterfront business * Commercial feedlot * Sawmill Viticulture B. Civic uses: * Cemetery • Private • Public * Child care center Correctional facility C. Office uses: General office D. Commercial uses: * Commercial outdoor entertainment/sports and recreation * Crematorium * Gasoline station Hotelr"motel/motor vehicle lodge 112 * Kennel, commercial E. Industrial uses: * Abattoir or livestock processing * Asphalt/concrete plant Industry, Type III * Landfill, rubble * Resource extraction * Scrap and salvage service F. Miscellaneous uses: * Aviation facility, commercial * Aviation facility, general * Aviation facility, private * Communication tower * Reconstructed wetland * Shooting range, outdoor * Turkey shoot 17-16; 7-19-18.) Sec. 4-19004. - Lot size requirements. A. Minimum tract size:..... Minimum area for creation of a PD-IP district is seventy-five (75) acres. Incremental additions to such districts shall be immediately adjacent to the existing PD-IP district and must be appropriately sized for proposed improvements on such addition to meet all required lot size and bufferyard requirements, bulk regulations, and additional site plan requirements as specified in the zoning ordinance. The minimum required area may be in a parcel in single ownership or in combination with contiguous parcels. If an application is to be made for rezoning to a planned development industrial park in contiguous parcels, the applicant must provide legal agreements showing marketable title to the subject properties and the source of the applicant's title and interest in the subject properties. B. Minimum lot area, width, frontage and bulk regulations:..... There shall be no minimum lot area, width, frontage and setback requirements for any lot within a planned development industrial park district other than as specified in an approved master development plan. The planned development shall be designed to be compatible with surrounding, adjacent, and nearby properties, both developed and undeveloped. Therefore, consideration shall be given during the design process of such planned developments to location, orientation, spacing and setback of buildings, maintenance of Iandscaping areas, location of access points, size and location of signage, common open spaces, vehicular parking and movement areas, grading, preservation of existing vegetation, overall landscaping, and stormwater management. (11- 17-16; 7-19-18.) Sec. 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. (11-17-16; 7-19-18.) Sec. 4-19006. -- Bulk regulations. 113 A. Maximum building height:..... Fifty (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: 1. Floor area ratio of nonresidential: One-half (0.50) square foot per foot of net developable area. C. Maximum building coverage:..... Thirty percent (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:..... Sixty percent (60%). E. Minimum open space ratio (OSR):..... Thirty percent (30°-n) calculated using the entire park as one (1) tract. (11-17-16; 7-19-18.) Sec. 4-19007. - Vehicular and pedestrian access. A. Principle vehicular access for the general public shall be only from arterial and collector streets. Access points shall be designed to minimize traffic hazard and congestion. Vehicular access through residential neighborhoods shall be prohibited. Pedestrian access may be provided at any suitable location within the district but shall, as a general rule, be separated from vehicular access points in order to reduce congestion, points of conflict and hazards. B. The design for internal circulation shall be appropriately related to access points and location of major traffic generators and shall provide for safe and efficient movement of vehicles and pedestrians with special attention to reduction of crossing conflicts, limiting numbers of internal and external access points and improvement of visibility. (11-17-16; 7- 19-18.) Sec. 4-19008. - Site planning —External relationships. Site planning within the district shall provide for protection of individual lots from adverse surrounding influences, and for protection of surrounding areas from any adverse influences which may be anticipated within the district. Yards, fences, walls, or vegetative screening shall be provided where needed to protect residential districts or public streets from undesirable views, lighting, noise, or other off -site influences. In particular, outdoor storage, extensive off-street parking areas, and service areas for loading and unloading vehicles, and for storage and collection of refuse and garbage shall be effectively screened. (11-17-16; 7-19-18.) Sec. 4-19009. - Site planning —Internal relationships. To promote a park -like character within the development, particular care should be taken to organize the landscaping plan in such a way as to maximize the visual effects of green spaces as seen from the public rights -of -way. Landscaping or other appropriate measures shall also be used to screen development within the park from any undesirable views, such as outside storage yards, etc. (11-17-16; 7-19-18.) Sec. 4-19010. - Additional regulations. 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, floodplain 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. (11-17-16; 7-19-18.) 114 Article V. - Supplementary Use Regulations. Sec. 5-1000. - General description. The following supplementary use regulations are additional, modified, or more stringent standards for particular land uses contained in article IV, zoning districts and boundaries. The standards set forth in the supplementary use regulations shall be met regardless of the form of action required for approval. (7-7-05; 9-17-15; 7-19-18.) Sec. 5-1001. - Prohibited uses. The following uses are specifically excluded from all districts: A. Unless otherwise expressly permitted, the use of a recreational vehicle as a temporary or permanent residence. B. Unless associated with a bonafide agricultural use, the use of a motor vehicle permanently parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business is conducted. C. Storage of motor vehicles that are neither licensed nor operational outside of a substantially enclosed structure, which visually screens such vehicles from public rights -of -way and adjoining properties. Not Iicensed, for purposes of this section, shall mean not having all of the following: current decal, state inspection sticker, and license plates. Sec. 5-1002. - Prohibited uses in certain residential districts. The following activities are prohibited in the RR, NC, SE, SR, UR, PD-R, PD-MH and residential areas zoned PD-MX districts: A. Parking of a commercial vehicle overnight shall be prohibited, unless otherwise expressly permitted by this ordinance. B. No construction machinery or similar equipment shall be parked overnight unless the machinery is incidental to improving the premises. (7-7-05; 9-17-15; 7-19-18.) Sec. 5-1003. - Change in use. A. A change in use of property occurs whenever the essential character or nature of the activity conducted on a lot is substantially altered. This occurs whenever: 1. The change involves a change from one (1) principal use category to another principal use category where the existing site improvements, particularly, but not limited to, parking and stonmwater management, are inadequate to accommodate the demands of the new use. The principal use categories shall be agricultural, residential, civic, office, commercial, industrial, and miscellaneous. 2. A change from one (1) use to another use within a principal use category where the existing site improvements, particularly, but not limited to, parking and stormwater management, are inadequate to accommodate the demands of the new use. Uses which tend to create this situation include, but are not limited to, restaurants, medical offices, and convenience stores. 3. Whether a change in use occurs shall be determined by comparing the proposed use and the most recent use of the property against the provisions of this section. 4. A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use. 5. Where a nonresidential structure has remained unoccupied for more than two (2) years, any new use shall be deemed to be a change in use and all requirements of this ordinance shall apply, unless where the existing site improvements, particularly, but not limited to, parking and stormwater management, are adequate to accommodate the demands of the new use. (7-7-05; Ord. No. 20I 1-21-C, 11-17-11; 9-17-15; 7-19-18.) Sec. 5--1004. - Accessory uses. The district regulations classify different principal uses according to their different impacts. Whenever a residential, civic, office, commercial, industrial, or miscellaneous activity (which may or may not be separately listed as a principal use) is conducted in conjunction with another principal use and that activity constitutes only an incidental or insubstantial part of the total use 115 that takes place on a lot, then the activity shall be regarded as accessory to the principal use and shall be carried on in accordance with the permit issued for the principal use. For purpose of interpreting this section; A. A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use. B. An accessory use does not have to be connected with a principle use. However, their association must take place with sufficient frequency that there is common acceptance of their relatedness. C. Portable on demand storage (POD) units shall be considered a temporary structure. They are permitted for use for a total of sixty (60) days, after which a zoning permit must be obtained through the planning and zoning department. D. The operation of a drive -through facility associated with any use located outside the established boundaries of any development service district (DSD) shall require a conditional use permit. (7-7-05; Ord. No. 2013-2-C, 4-18-13; 9-17-15; 7-19-18.) Sec. 5-1005. - Accessory uses to residential principal uses. The following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory uses to residential principal uses: A. Hobbies or recreational activities of a noncommercial nature. B. The renting out of one (1) or two (2) rooms within a single-family residence (which one (1) or two (2) rooms do not themselves constitute a separate dwelling unit) to not more than two (2) persons who are not part of the family that resides in the single- family dwelling. C. Yard sales or garage sales, so long as such sales are not conducted on the same lot more than three (3) days (whether consecutive or not) during any ninety -day period. (7- 7-05; 9-17-15; 7-19-18.) Sec. 5-2000. - Supplementary density and dimensional regulations. A. Accessory building requirements. 1. The square footage of an accessory building shall not exceed the square footage of the primary structure. 2. 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 street, except as permitted under subsection 5-2000.E.3. 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 subsection 5-2000.D.2. e. Shipping containers may be used as residential, commercial and industrial accessory structures subject to the criteria in subsection 5-5006.J. 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. 1. Exception...... A one-story tool and storage shed may be allowed on a vacant lot zoned RAC for on -site property maintenance provided that the building area does not exceed two hundred fifty-six (256) square feet and the structure meets the following criteria: a. The building eave height is ten (10) feet or less. 116 b. The maximum height from the finished floor level to grade does not exceed eighteen (18) inches. c. The supporting structural elements in direct contact with the ground shall be placed level on firm soil and when elements are wood they shall be approved pressure preservative treated suitable for ground use contact. d. The structure is anchored to withstand wind loads as required by the Virginia Construction Code. C. The structure shall be of light -frame construction whose vertical and horizontal structural elements are primarily formed by a system of repetitive wood or light gauge steel framing members, with walls and roof of light weight material, not slate, tile, brick or masonry. f. Application for a conditional use permit may be made to allow construction of a utility/storage building that exceeds two hundred fifty-six (256) square feet and shall be reviewed with consideration given to the property acreage and the reason a larger building is required for property maintenance and storage. 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. D. Exceptions to height limits...... Notwithstanding other regulations in this article or the maximum specified for the respective zone, the following structures shall be permitted: 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 freestanding. 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. 3. 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. 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 117 Transportation, these rights -of -way shall be used as the basis for determining required setbacks. 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. 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. 3. Front yard requirements in developed areas...... Where existing buildings or structures occupy lots comprising at least fifty percent (500-o) 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 street on either side of the lot in question for a distance of six hundred (600) feet or to the nearest street intersection, whichever is less, shall be considered. 4. Front yards on through lots...... 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. F. Side yards. 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 lf2) inches may be deducted from the required minimum width of any side yard for building not exceeding two and one-half (2'-,) stories in height; provided, however, that no side yard shall be narrower at any point than three (3) feet in any case. 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. 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 shorter 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. 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.). G. Walls and fences. 1. 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: 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 (21,�) feet in height in any required front yard, except that fences having a uniform open area of fifty percent (50"o) or more may be erected to a maximum height of four (4) feet in such required yards. 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 118 one-half (3') 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. d. The zoning administrator may approve the issuance of a building permit for a fence or wall higher than four (4) feet in the secondary front yard of a residential corner lot or through lot under the conditions set out in subparagraphs i. through iv. below. i. The height of the fence or wall does not exceed six (6) feet. ii. The fence or wall shall meet the minimum side yard setback of the underlying zoning district from the edge of the right-of-way, sidewalk, walking and biking trail, or ingress/egress easement, except in no case shall the setback be less than five feet. iii. The fence shall not extend past the rear foundation wall of the principal structure of any side adjacent to a street. iv. The fence or wall shall not interfere with or impede traffic visibility. v. The fence is constructed so that the finished side faces the street. 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. 3. Fences erected for agricultural purposes are exempt from this section. 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. 5. The height, design, and location of fences or walls in required yards erected in conjunction with an electrical utility station or substation may be exempt from this section subject to the review and approval of the zoning administrator. 6. The height and location of fences or walls existing prior to the adoption of this zoning ordinance effective August 30, 2005, on a property designated as a National Historic Landmark located in a designated historic overlay district may be exempt from this section subject to the review and approval of the zoning administrator. H. Projections and yard setback modifications. 1. Covered, unenclosed front porches...... 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.] ..... 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 not 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. 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. Exemption of front yard setback for handicap ramps...... Handicap ramps used for residences) 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 wheelchair 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. J. Lots with existing dwellings...... On a lot with one (1) or more existing dwelling units, no zoning pen -nit 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. 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 area if considered necessary by the health department. L. 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: 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. 2. Recreational vehicles shall not be used as living quarters, and may only be otherwise occupied in accordance with district regulations. 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. N. Residential density. 120 1. Only one (1) 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. I . 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. 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. P. Widening of public rights -of -way and roads...... 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. Q. Building footprint...... Any single use building, other than an industrial use, containing a building footprint of eighty thousand (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 (14) mile owned or operated by essentially the same establishment, as determined by the zoning administrator. R. [Fishing, hunting and trapping.] ..... Fishing, hunting and trapping is permitted in the Rural Agricultural Conservation (RAC) zoning district with the permission of the property owner(s), and as may be otherwise governed by the Commonwealth and the Isle of Wight County Code. (7-7-05; 4-19-07; 5-19-14; 9-17-15; 11-17-16; 4-20-17; 7-19-18.) Sec. 5-3000. - Restrictions adjacent to airports. A. Purpose...... The provisions contained in this section regulate the height of structures and objects of natural growth in the vicinity of any civil airport located in Isle of Wight County or its environs. Specifically, these regulations apply to all areas of the county included within or underneath an imaginary surface or surfaces surrounding any civil airport in accordance with the standards set forth in Part 77.25, 77.28 and 77.29, Subchapter C (Obstruction Standards), of Title 14 of the Code of Federal Regulations, referred to hereafter as the Federal Regulations, and Section 15.2-2294 of the Code of Virginia. A copy of these standards is available in the office of the zoning administrator. B. Intent...... The provisions contained in this section are intended to protect the public health, safety and welfare by ensuring that development in the county will occur in such a manner as to result in no interference with civil air traffic. C. Definitions...... The words and terms used in this section shall have the following meanings unless the context clearly indicates otherwise: Airport.' For purposes of this section, this term shall refer to the John Beverly Rose Airport. Airport elevation.'. The highest point on any usable landing surface expressed in feet above mean sea level. Airport safety zone.'-% All of the area and airspace within Isle of Wight County lying equal to or above an approach surface, horizontal surface, conical surface, primary surface or transitional 121 surface as they apply to civil airports in the county or its environs. These zones are superimposed over the underlying zoning districts and do not affect the uses and activities of the underlying zoning districts except as provided in this section. Approach surface.`. An imaginary surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface and at the same slope as the approach zone height limitations slope set forth in the federal regulations. Conical surface., An imaginary surface, whose design standards are referenced the federal regulations, extending and sloping horizontally and vertically from the periphery of the horizontal surface. Hazard to air navigation. An obstruction determined by the Virginia Department of Aviation or the Federal Aviation Administration to have a substantial adverse effect on the safe and efficient utilization of navigable airspace. Height.'. For all height limitations, the datum shall be mean sea level elevation unless otherwise specified. Horizontal surface \ An imaginary surface represented by a horizontal plane one hundred fifty (150) feet above the established airport elevation for any civil airport, the perimeter which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. Nonconforming structure. use. Any preexisting structure or object of natural growth which is inconsistent with the provisions of this ordinance or any amendment thereto. Obstruction.k Any structure, growth or other object, including any mobile object, which exceeds a limiting height or penetrates any surface or zone floor, set forth in this section. Primary surface.\ An imaginary surface longitudinally centered on a runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. Runway.'-,. A specified area on an airport or airfield prepared for landing and takeoff of aircraft. Transitional surface.\ An imaginary surface, whose design standards are referenced in the federal regulations, which extend outward perpendicular to the runway centerline sloping from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Vegetation.\ Any object of natural growth. D. Airport safety zones...... In order to carry out the provisions of this ordinance, there are hereby established certain zones which include all of the area and airspace lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as applicable. These zones are established as overlay zones, superimposed over the existing base zones, being more specifically zones of airspace that do not affect the uses and activities of the base zones except as provided for in this ordinance. An area located in more than one (1) of the following zones is considered to be only in the zone with the most restrictive height limitation. These zones are as follows: Airport zone.''. A zone that is centered about the runway and primary surface, with the floor set by the horizontal surface. Approach zone.-% A zone that extends away from the runway ends along the extended runway centerline, with the floor set by the approach surfaces. Transitional zone.'. A zone that fans away perpendicular to the runway centerline and approach surfaces, with the floor set by the transitional surfaces. Conical zone.%. A zone that circles around the periphery of and outward from the horizontal surface, with the floor set by the conical surface. The source and the specific geometric design standards for these zones are to be found in Part 77.25, 77.28, and 77.29, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. A copy of these standards is available in the office of the zoning administrator, and are hereby adopted as a part of this ordinance. E. Airport safety zone height limitations...... Except as otherwise provided in this ordinance, in any zone created by these regulations, no structure shall be erected, altered, or 122 maintained, and no vegetation shall be allowed to grow to a height so as to penetrate any referenced surface, also known as the floor, of any zone provided for in this ordinance at any point. The height restrictions, or floors, for the individual zones shall be those planes delineated as surfaces in Part 77.25, 77.28, and 77.29, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. A copy of these standards is available in the office of the zoning administrator. F. Use restrictions...... Not withstanding any other provision of this ordinance, and within the area below the horizontal limits of any zone established by this ordinance, no use may be made of land or water in such a manner as to: 1. Create electrical interference with navigational signals or radio communication between the airport and aircraft; 2. Diminish the ability of pilots to distinguish between airport lights and other lights; Result in glare in the eyes of pilots using the airport; 4. Impair visibility in the vicinity of the airport; 5. Create the potential for bird strike hazards; or 6. Otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft in the vicinity of and intending to use the airport. G. Nonconforming uses. 1. Except as provided in this section, the regulations prescribed by this ordinance shall not require the removal, lowering, or other change or alternation of any structure or vegetation not conforming to the regulations as of the effective date of this ordinance, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this ordinance shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which has begun prior to the effective date of this ordinance, and is diligently pursued. 2. Notwithstanding the provision of this section, the owner of any existing nonconforming structure or vegetation is hereby required to permit the installation, operation, and maintenance thereon of whatever markers and lights deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, or the zoning administrator to indicate to operators of aircraft the presence of that airport obstruction. These markers and lights shall be installed, operated, and maintained at the expense of the airport owners, and not the owner of the nonconforming structure in question. H. Permits and variances. 1. Except as provided in this section, no structure shall be erected or otherwise established in any zone created by this ordinance unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which desired with the sufficient geometric specificity to determine whether the resulting structure would conform to the regulations prescribed in this ordinance. No permit for a structure inconsistent with these provisions shall be granted unless a variance has been approved as provided in this section. 2. No permit shall be granted that would allow the establishment or creation or an obstruction or permit a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of this ordinance or any amendments thereto other than with relief as provided for in this section. 3. Whenever the zoning administrator determined that a nonconforming structure has been abandoned or more than fifty percent (500-o) destroyed, physically deteriorated, or decayed, no permit shall be granted that would enable such structure to be rebuilt, reconstructed, or otherwise refurbished so as to exceed the applicable height limit or otherwise deviate from the zoning regulations contained in this ordinance except with the relief as provided for in this section. 4. An application for a variance to the requirements of this section shall be made in writing to the board of zoning appeals in accordance with the provisions of section 1- 1019 of this ordinance. Prior to the any such application being considered by the board it shall be accompanied by a determination from the Virginia Department of Aviation as 123 to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. 5. In granting a variance, the board of zoning appeals may impose reasonable and appropriate conditions as it may deem necessary to protect the public interest and welfare. Such conditions may include, but need not be limited to, requirements to install, operate and maintain, at the owner's expense, such markings and lights as may be deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation or the zoning administrator. (7-7-05; 9-17-15; 7-19-18.) Sec. 5-4000. - Net developable area. A. Purpose...... The comprehensive plan establishes an overall goal "to preserve and improve environmental quality of the county utilizing measures which protect Isle of Wight's natural resources and environmentally sensitive lands and waters", consistent with both the Virginia Clean Water Act and the Federal Clean Water Act. In land development, one (1) effective way towards accomplishing this goal is to establish environmental performance standards to establish the suitability of land for development. Virginia's enabling statutes for planning and zoning support environmental performance standards as a rational basis for utilizing the development suitability process. This process provides a more logical approach to define and allocate land holding capacities and densities to individual properties based upon the land and its underlying physical, environmental, and geological influences. B. Applicability...... The net developable area shall be used for determining the density and building coverage of development permitted on a particular parcel or area. This approach shall apply to all forms of land development, with the exception of the following: 1. The RAC zoning district. 2. Single-family lots subdivided and approved for development prior to the adoption of this ordinance. 3. Single-family lots shown on a preliminary subdivision plat in compliance with the provisions of subsection 1-10I4.13. C. Net developable area calculations. 1. The percentage cited below of the total area of environmentally sensitive areas shall be removed from the total acreage of a parcel or area in order to derive the net developable area: a. Tidal wetlands: One hundred percent (100%). b. 100-year floodplains: One hundred percent (100%). C. Resource protection areas, including the required one -hundred -foot buffer: One hundred percent (100° a). d. Non -tidal wetland: Fifty percent (50%). e. Slopes in excess of fifteen percent (I5°-o) but less than or equal to thirty percent (30%): Fifty percent (50%). f. Slopes in excess of thirty percent (304,o): One hundred percent (100%). Where environmentally sensitive areas overlap, the more restrictive environmentally sensitive area shall be used. In no case shall overlap be counted twice in the calculation of net developable area. 2. In addition to the above features of a site, the total area of the easements or rights -of - way associated with a 150-KV or greater power transmission line or regional gas transmission line shall be removed from the total acreage in order to derive the net developable area. 3. Twenty percent (20° o) shall be subtracted from the calculated net developable acreage to allow for existing or planned public or private street rights -of -way, unless it can be demonstrated to the satisfaction of the zoning administrator that the proposed street rights -of -way in a development or subdivision will be less than twenty percent (20°.••0) of the calculated net acreage. 4. Required open space shall be calculated using gross acreage. 124 5. All calculation of recreational space and landscaping requirements shall be based on the net developable area. 6. No lot shall be designed, approved or employed for use in which an area more than thirty percent (30%) of the prescribed minimum lot area is comprised of one (1) or more of the environmentally sensitive areas cited in [paragraph] 1., above. This shall not apply to lots specifically created exclusively to preserve and maintain environmentally sensitive areas, as approved by the zoning administrator. D. Example of calculating net developable area...... The following example is provided for illustrative purposes in calculating the net developable area in a typical subdivision, although this approach applies to all forms of development not specifically exempted: Zoning district: I Estates (SE) Maximum density allowed: —Suburban 2 units net acre Gross acres: 100 acres Floodplains: 7 acres Resource protection area: 4 acres Slopes > 15% but < 30%: 5 acres Slopes > 30%: 2 acres Power line ROW: 3 acres Computation of property's environmentally sensitive features: Floodplains: 7 acres x 100% = 7 acres Resource protection area: 4 acres x 100% = 4 acres 5 acres x 50% = 2.5 Slopes > 15% but < 30%: acres Slopes > 30%: 2 acres x 100% = 2 acres Power line ROW: 3 acres x 100% = 3 acres TOTAL = 18.5 acres Computation of net developable area for SE property: I Gross acreage of property: 100 acres Less deduction for property features: - 18.5 acres Available acres: 81.5 acres Less street rights -of -way (20% of net - 16.3 acres I developable): Total net developable acres: 65.2 acres Development capacity of SE property units per acre x 65.2 net developable acres = 130 units per acre (7-7-05; 3-20-14; 9-17-15; 7-19-1 S.) Sec. 5-5001. - Supplementary use regulations for agricultural use types. A. Agriculture. 1. Agricultural crop service towers and antennas...... Agricultural crop service towers and antennas may be allowed subject to the following provisions: a. The maximum height allowed shall be no greater than two hundred (200) feet pursuant to Section 15.2-2293.1 of the Code of Virginia. 11P41 b. Commercial service providers and nonagricultural uses are prohibited from locating on the tower. C. Design and lighting requirements. The requirements set forth in this section shall govern the location of all owners and the installation of all towers and antennas governed by this section; provided, however, that the zoning administrator may waive any of these requirements if it determines that the goals of this section are better service thereby. i. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA (Federal Aviation Administration), be painted a neutral color, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, nonreflective color with no logos. ii. At a facility site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding structures; provided, however, that the zoning administrator may waive such requirements, as he/she deems appropriate. iii. if an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. iv. Towers shall not be artificially lighted, unless required by the FAA (Federal Aviation Administration) or other applicable authority. If lighting is required, the zoning administrator may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. V. No advertising of any type may be placed on the tower or accompanying facility unless as part of retrofitting an existing sign structure. d. Federal requirements. All towers and antennas must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other agency of the federal government with the authority to regulate towers and antennas. In addition, the tower owner shall implement U.S. Fish and Wildlife Service procedures for communication tower construction, operation, and decommissioning to protect endangered night -migrating birds under the Migratory Bird Treaty Act, Endangered Species Act, and Bald and Golden Eagle Act. e. Building codes. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state and local building codes and regulations. £ Setbacks. The following setback requirements shall apply to all towers and antennas; provided, however, that the zoning administrator may reduce the standard setback requirements if the goals of this section would be better served thereby. i. Freestanding towers, guys, and accessory facilities must satisfy the setback requirement, no less than the height of the tower structure and height of any mounted antenna. g. Security fencing. Towers and antennas shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti -climbing device; provided, however, that the zoning administrator may waive such requirements, as he/she deems appropriate. h. Removal of abandoned antennas and towers. Any tower or antenna that is not operated for a continuous period of twenty-four (24) months shall be considered abandoned, and the owner of each such antenna or tower shall remove same within ninety (90) days of receipt of notice from the county notifying the owner of such removal equipment requirement. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings to a minimum depth of three (3) feet. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. At the discretion of the county, a surety bond in a form acceptable to the county attorney may be required to ensure that the 126 funds necessary for removal are available to the county in the event the structure is abandoned. B. Commercial feedlot. All commercial feedlots, including commercial poultry houses, dairy barns, and other uses or structures involving the concentrated handling or confinement of animals or fowl erected after the effective date of this ordinance, shall be set back a minimum distance of eighty (80) feet from all public or private streets and at least one thousand (1,000) feet from any of the following: Rural residential (RR), neighborhood conservation (NC), suburban estate (SE), suburban residential (SR), urban residential (UR), limited commercial (LC), general commercial (GC), planned development residential (PD-R), planned development manufactured home park (PD-MH), planned development commercial park (PD-CP), or planned development mixed -use (PD-MX) zoning district boundary lines. C. Family burial plot. 1. The minimum property size on which to establish a new family burial plot shall be five (5) acres. The maximum size of a family burial plot shall be 2,000 square feet. Only one family burial plot may be located on any parcel. 2. Family burial plots shall comply with the supplementary use regulations for cemeteries included in this Article. 3. Family burial plots shall be subject to any applicable requirements of the County subdivision ordinance. D. Farm employee housing. I . An accessory manufactured home (Class A or B), may be erected upon the approval of a conditional use pen -nit as an accessory use to an agricultural use exclusively for a farm employee, and his/her family, in accordance with the following requirements: a. The manufactured home shall be removed when it is no longer occupied by a faun employee. b. No more than one (1) farm employee manufactured home for every twenty-five (25) acres of land, or portion thereof, in agricultural use shall be permitted. c. A Class B manufactured home previously approved under conditional use permit for farm employee housing may be replaced with a Class A manufactured home provided a zoning and building permit is obtained. 2. Multifamily housing may be constructed upon the approval of a conditional use pen -nit for agricultural uses that rely on temporary seasonal employees. Such housing shall only be used to accommodate temporary seasonal employees during periods of their employment as a farm employee of the agricultural use. To construct multifamily housing for farm employees a conditional use permit must be obtained from the board of supervisors. 3. All farm employee housing shall comply with the setback requirements of the principal structure. 4. Where public sewer is not available, the Isic of Wight County Health Department shall approve sewage disposal for all farm employee housing. E. Forestry operation, silvicultural and/or timbering. 1. Silvicultural and/or timbering operation. For all properties within the Chesapeake Bay Watershed, forestry operation shall comply with the Chesapeake Bay Area Ordinance. F. Livestock auction market. 1. Livestock auction markets, where permitted in this ordinance, shall be subject to the following requirements and site plan approval: a. A minimum lot area of five (5) acres. b. Stock pens and main buildings located at least two hundred (200) feet from any street or highway and at least two hundred (200) feet from any property line existing at the time of application. G. Reptile breeding. 127 1. In additional to obtaining a conditional use permit, reptile breeding shall comply with the following provisions: a. Each reptile shall be kept in one hundred percent (100%) escape proof, temperature controlled glass cage. The only exception shall be during breeding and no more than two (2) reptiles shall be kept in a cage for breeding purposes at in any given time. b. Each cage shall contain proper housing, shelter, feeding and water accommodations. An operational plan shall accompany the conditional use permit application to describe how the business will operate, what structures/facilities will be devoted to the use, what species of reptiles will be kept, how large they grow and how will they will be caged long term, how the reptiles will be cared for including feeding, medical check-ups, how the cages will be cleaned and maintained to prevent the spread of bacteria, how waste disposal will be handled, and any other information as may be determined by the zoning administrator, planning commission and board of supervisors. d. The keeping of reptiles shall comply with all local, state and federal requirements. H. Sawmill. 1. A permanent or temporary sawmill shall be no less than three hundred (300) feet from any lot line or street right-of-way. 2. A permanent or temporary structure shall not be located on environmentally sensitive lands (RPAs) and wetlands. 3. All power saws and machinery will be secured against tampering or locked when not in use. 4. A temporary sawmill shall only be established to process timber cut from the parcel on which the temporary sawmill is located or on immediately adjacent parcels and shall only be allowed for a period of only one (1) year. For periods exceeding one (1) year, a conditional use permit shall be obtained from the board of supervisors. 5. A temporary sawmill shall be located at least two hundred (200) feet from any residence located on an adjoining property. 6. No processing, milling, finishing or artificial means of drying green lumber shall be associated with a temporary sawmill. 7. Green lumber and all other products and by-products from the temporary sawmill shall be removed from the site at least every sixty (60) days. 8. Buildings associated with a temporary sawmill shall be limited to shelter for the sawmill equipment and essential shelter for personnel. No building shall be erected for the storage, processing, or drying of green lumber. Stable, commercial. 1. In any district where permitted or permitted subject to a conditional use permit, commercial stables shall provide a lot area of ten (10) acres or more. 2. Accessory tack shops not exceeding one thousand (1,000) square feet are permitted in conjunction with commercial stables. 3. Commercial stables shall prepare and follow a management plan for responsible and environmentally safe management of all animal wastes. Such plan shall be approved, when required, by the Virginia Department of Environmental Quality, Division of Water. Animal waste shall not create a nuisance or health hazard to adjoining property Stable, private...... A private stable may be permitted subject to the following provisions: 1. A minimum of two (2) acres shall be required for a private stable and no more than one (1) horse per acre, excluding one (1) acre for the residence, shall be allowed on any lot. This requirement shall not apply to lots with an area of ten (10) acres or more, excluding an acre for the residence. 128 2. No building or corral, excluding open pasture, shall be located less than fifty (50) feet from the nearest property line or two hundred (200) feet from the nearest residence on an adjoining lot, whichever is greater. 3. Stables shall properly manage animal waste so as to not create a nuisance or health hazard to adjoining or nearby property owners. K. Wayside stand...... A structure may be permitted for the display and sale of agricultural and fishery products grown and produced on premises subject to the following standards: 1. A zoning permit is required for first year's operation. 2. A wayside stand structure shall not exceed seven hundred fifty (750) square feet in floor area and must be in compliance with the applicable standards of the Virginia Uniform Statewide Building Code. 3. All structures shall meet the minimum yard setback requirements of the underlying zoning district and shall be located so as to provide safe ingress and egress from public or street rights -of -way. 4. All wayside stands and related structures shall be considered seasonal or temporary in nature. (7-7-05; Ord. No. 2011-11-C, 7-7-1 l ; 9-17-15; 11-17-16; 7-19-18. ) Sec. 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. 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: l . Residential accessory apartment...... Where allowed as a permitted or a conditional use in die underlying zoning district, the following shall apply: Accessory apartment shall not be permitted on any lot which does not have one hundred percent (100%) of the minimum lot size requirement for the zoning district in which the use is located. 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. ii. The owner of the residential dwelling unit shall occupy at least one (1) of the dwelling units on the premises. [b. Reserved.] c. Apartment size. i. Maximum floor area: The maximum floor area of an accessory apartment in a primary dwelling shall not exceed one thousand (1,000) square feet or thirty- five percent (35%) 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° o) of the floor area of the accessory building. d. Maximum number of bedrooms. No more than two (2) bedrooms are permitted in an accessory apartment. e. Maximum number of accessory apartments. No more than one (1) accessory apartment is permitted per parcel. £ 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. 129 C. g. 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. h. Parking. One (1) parking space shall be required in addition to the required parking for the primary dwelling. 2. Commercial accessory apartment...... Where allowed as a permitted or a conditional use in the underlying zoning district, the following shall apply: 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. Maximum floor area. i. The maximum floor area of an accessory apartment located above a commercial unit shall not exceed fifty percent (50° a) 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 (35110) of the entire unit. d. Maximum number of bedrooms...... No more than two (2) bedrooms are permitted in an accessory apartment. e. Maximum number of accessory apartments...... No more than one (1) accessory apartment is permitted per commercial use. f. Exterior appearance. i. 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. g. 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. h. Parking...... Parking for the apartment must be located to the rear or side of the commercial unit. Each apartment must be provided one and one-half (1.5) parking spaces in addition to what is required for the commercial use. Boathouse, dock, or pier. 1. A boathouse, dock, or pier, where permitted in this ordinance, shall be permitted as an accessory use on property where a legally established single-family dwelling exists. 2. A conditional use permit shall be required for a boathouse, dock, or pier where there is no existing residence. Community recreation. I . Except in the case of a planned development, community recreational facilities shall be developed solely for the noncommercial use of the residents and guests of the residential development. 2. A conditional use permit shall be required for the commercial or noncommercial 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. I30 5. Recreational structures for indoor recreation shall meet the required setbacks of the underlying zoning district for a primary use. G. Pedestrian access to community recreational areas shall be provided throughout the entire development. 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 percent (25° o) 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 Vill. 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. D. 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. E. 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 multifamily dwelling containing not more than four (4) dwelling units in accordance with the following: I . 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. 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. 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. d. The original single-family residence shall meet the minimum setback requirements of the underlying zoning district. 2. Minimum floor area...... The original single-family residence shall contain at least two thousand (2,000) square feet of floor area. 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. F. Dwelling, two-family duplex. 1. 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 (2) units shall be zero (0) feet. 131 2. 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. G. Family day care home (serving six (6) to twelve (12) 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. 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. H. Guest house. 1. Location. ..... A guest house shall be located as an accessory structure that meets required primary structure setbacks. Guest houses shall not be permitted on any lot which does not have one hundred percent (l00%) of the minimum lot size requirement for the zoning district in which the use is located. a. The owner of the lot or parcel must occupy the primary dwelling;. b. A guest house shall not be permitted as an accessory structure prior to the construction and occupancy of the primary dwelling. 2. Occupancy. a. No such quarters shall be occupied by the same guest or guests for more than three (3) consecutive months in any twelve-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. G. 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. I. Home occupation, Type I and Type IL I. Intent. ..... 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 132 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 (2) 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 home typing 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 • 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, soil scientist, lawyer, income tax preparer, minister, priest, rabbi, member of a religious order, psychotherapist, counselor, management 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 R.R. The following is a representative listing of uses that may be conducted as Type 11 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 • Carpentry shop • Contractor businesses • Electronic sales and service • Facilities for service and repair of agricultural equipment and incidental sale of parts and supplies • Glazier's or painter shop • Gunsmith following section 5-5002.1.9 • Heating, plumbing, or air conditioning services • Landscape and horticultural services 133 • Personal transportation services, including, but not limited to, limousine service, taxi service, and medical transportation services • Machine shopimetal working provided all is completed in a completely enclosed building • Massage, physical therapy • Motor vehicle display for purposes of sale of up to four (4) vehicles per year (no more than one (1) vehicle may be displayed at any time) • Repair of small appliances, small engines and limited machining of small parts, office machines, cameras, and similar small items • Repair or servicing of small internal combustion engines used in lawn mowers, edgers, hedge trimmers, power saws and similar yard maintenance equipment inside enclosed structure • Retail sales of agricultural, craft and woodworking products principally produced on -site • Taxidermy (See supplementary use regulations section 5-5005.AA) • Telephone answering service • Veterinary services • Waterman's operation with on -premises wholesale and retail sale prohibited • Wood working and furniture repair, upholstery and cabinet making 5. Uses that are prohibited as home occupations. ..... The following uses shall be prohibited as home occupations: • Vehicle or boat repair or painting • Equipment or vehicle rental • Seafood or bait sales • Furniture sales • Funeral director, mortuary or undertaker • Laboratory shop • Medical or dental clinic • Private clubs • Restaurants • Animal hospitals • Commercial stables • Commercial kennels • Antique shops • Gun shops, sale of firearms • 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 G. General requirements for all home occupations...... All home occupations shall follow the requirements set forth in subsections 7. through 10. below. However, should a home occupation exceed the requirements of said sections they shall be permitted to apply for a conditional use permit from the board of supervisors pursuant to section 1-1017. 7. General standards for all home occupations. a. The maximum floor area devoted to home occupations shall not exceed twenty- five percent (25° o) of the finished floor area of the dwelling unit. 134 b. More than one (1) 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 colors, materials, construction, lighting, or other means inconsistent with a residential use shall be prohibited. 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. f Off street parking shall be provided as appropriate for the specific nature of the home occupation. g. 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. i. No equipment or process shall be used in a home occupation which creates noise in excess of the requirements set forth in the Isle of Wight County Noise Ordinance. 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. j. 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 ten (10) feet from the road as measured from the front property line. 1. All state, federal and local licenses and/or permits shall be obtained prior to operation. 8. Specific standards for Type I home occupations. a. Home occupations shall be confined to the primary dwelling. 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 five (5) students at any one (1) 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. 9. Specific standards for Type II home occupations. a. Storage of goods or products shall not exceed ten percent (10%) of the finished floor area devoted to the home occupation. b. One (1) 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 percent (30°fu) of the finished floor area of the dwelling unit. 135 10. Specific standards for gunsmith as a home occupation. ..... A gunsmith shall be allowed as a home occupation in the RAC and RR districts provided that it meets all specific standards for home occupations outlined above, and shall meet the following additional requirements specific to this use. a. The owner of the lot or parcel must occupy the primary dwelling. b. The gunsmith home occupation is specific to the owner/operator, should a new owner.operator wish to operate a gunsmith as a home occupation the process outlined in this section shall be completed regardless of a previous permit. C. A zoning permit shall not be issued for a gunsmith home occupation until the following procedure has been completed: i. The zoning administrator is to send written notification by certified letter to the last known address of each adjacent property owner advising them of the proposed gunsmith home occupation 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 1-1021 for no less than fourteen (14) days prior to the expiration of the thirty -day period. ii. 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 gunsmith home occupation otherwise complies with the zoning ordinance, the zoning administrator may issue a zoning permit for the gunsmith home occupation. iii. 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 gunsmith home occupation is approved by the board of supervisors with a recommendation by the planning commission. Kennel, private...... A private kennel shall be located fifty (50) feet from any property zoned other than RAC or RR. K. Manufactured home, Class A...... A manufactured home, Class A may be permanently located on a lot or parcel as pennitted 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; 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; 4. The exterior siding consists of materials comparable in composition, appearance, and usability to the exterior siding commonly used in standard residential construction; 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 G. The tongue, axles, transporting lights, and towing apparatus are removed after placement on the lot and before occupancy. L. Manufactured home, Class B. I. 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. 2. For the purposes of this section, the following shall apply: The manufactured home is the only residential structure located on the lot or parcel. 136 b. The manufactured home is constructed on a permanent footing that meets the requirements of the building code. Skirting may be pennitted around the perimeter of the foundation. C. The tongue, axles, transporting lights, and towing apparatus are removed after placement on the lot and before occupancy. M. 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: 1. 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 percent (150%) 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 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 9-1006 for no less than fourteen (14) days prior to the expiration of the thirty -day period. 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 detcnnines 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. N. 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: 1. All pen -nits 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. 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 137 be considered unless substantial construction has been initiated on the 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. 3. All temporary manufactured homes must be removed at least thirty (30) days after a final certificate of occupancy has been issued. 4. Only one (1) temporary manufactured home is allowed per parcel. O. Multifamily dwelling;/congregate housing. 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, supersede 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: Fifteen thousand (15,000) square feet. (Note: Multifamily dwellings located on less than three (3) continuous acres shall obtain a conditional use permit.) ii. Minimum frontage: One hundred (100) feet in continuous frontage. iii. Minimum lot depth: One hundred (100) feet. iv. Minimum setbacks: Front: Thirty (30) feet. Side: Fifteen (15) feet. Rear: Twenty (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 -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. 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...... Fourteen (14) dwelling units per acre. 5. Building coverage. ..... The maximum lot coverage for principal and accessory buildings shall be forty percent (4011e-0) of the total tract area. G. Open space. a. A minimum of forty-five percent (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. b. It is further provided that twenty-five percent (25%) of the above -referenced open space be suitable for usable recreational space. 138 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. [Multifamily apartments.] ..... 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. 8. [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. 9. [Parking standards.] ..... 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.] ..... 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. 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. c. The management structure shall be established prior to the sale of any property. d. Membership in the management structure shall be mandatory for all residential property owners, present or future, within the development. 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. 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 orrterraces, 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 link 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. P. Residential chickens. I. Districts permitted. Chickens shall be permitted in the following zoning districts: Rural residential (RR), village center (VC), neighborhood conservation (NC), suburban estate (SE), suburban residential (SR), and only in conjunction with an occupied single family residence, and shall be subject to the standards set forth herein. 139 2. The following standards shall apply to all residential chickens. a. All chickens shall be provided with a predator proof shelter that is thoroughly ventilated, provides adequate sun and shade and protection from the elements, and is designed to be easily accessed and cleaned. b. All shelters and associated structures including fencing shall be located fully to the rear of the residential structure. c. All chickens shall be kept in the shelter outlined in item a., shall have their wings clipped to prevent excessive ranging, and shall be prohibited from free ranging unless under the supervision of the owner or his designee. d. The maximum number of chickens permitted on a residential property shall be six (6). The keeping of all other types of poultry or fowl are prohibited. e. No roosters shall be permitted to be kept on a residential property. f. All shelters and associated structures including fencing shall be kept in a neat and sanitary condition at all times, and must be cleaned on a regular basis so as to prevent odors outside the boundaries of the property. All feed for the chickens shall be kept in a secure container or location to prevent the attraction of rodents and other animals. g. No person shall store, stockpile or permit any accumulation of chicken litter and waste in any manner whatsoever that, due to odor, attraction of flies or other pests, or for any other reason which diminishes the rights of the adjacent property owners to enjoy reasonable use of their property. h. No commercial activity such as the selling of eggs or chickens for meat shall be permitted to occur from the residential property. i. A zoning waiver shall be required prior to the keeping of chickens on residentially zoned properties or the placement of any associated structures. Q. Temporary emergency housing. Intent. 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 penmanent 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 (1) 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. 140 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 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 thirty (30) days after a final certificate of occupancy has been issued for the reconstructed dwelling. R. 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, supersede those outlined in the district regulations: 1. Density requirements: a. Minimum parcel area: Fifteen thousand (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. b. The maximum permitted density shall not exceed the density permitted in the zoning district for the total tract area of the townhouse development. c. The total of all building areas shall not exceed forty percent (40%) of the gross site acreage of the townhouse development. 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. b. The lot width of end units of townhouse structures shall be adequate to provide the required side yards. c. There shall be no more than one (1) townhouse dwelling unit on a townhouse lot. d. Individual townhouse lots shall contain no less than one thousand five hundred (1,500) square feet, except that end units shall contain not less than three thousand five hundred (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. 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. C. Rear yards...... A rear yard of twenty-five (25) feet shall be provided for each townhouse lot. 5. Building coverage: ..... The maximum lot coverage for principle and accessory buildings shall be forty percent (40° o) of the total tract areas. G. 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. b. Setback between buildings. ..... The minimum distance between any two (2) 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 1E11 contained within a townhouse cluster, the above distances may be reduced to twenty-five (25) feet and forty (40) feet, respectively. 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. [Minimum livable area:] ..... 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. 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. b. All public ways or other common facilities within a townhouse cluster shall be maintained by the property owners within the townhouse cluster. 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. b. All utilities shall be located underground. 10. [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. 11. [Parking standards:] ..... 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. 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. 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. 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. c. The management structure shall be established prior to the sale of any property. d. Membership in the management structure shall be mandatory for all residential property owners, present or future, within the development. 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. f The management structure and organization shall comply with the Condominium Act, Code of Virginia (1950), as amended. 142 17. Architectural treatment: ..... The following architectural treatments shall be incorporated into all townhouse developments: a. Townhouse rows of more than six (6) 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 (2) feet from the adjacent unit; every third unit shall vary at least four (4) 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 eighty percent (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. C. Pedestrian pathways shall be used to link all buildings, green spaces, 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. (7-7-05; 7-17-14; 7-21-16; 11-17-16; 2-16-17; 3-16-17; 7-19-18.) Sec. 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: 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 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. B. Cemetery. 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. In addition, cemeteries shall comply with all state regulations, including setbacks from residential uses and public water supplies. 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. 3 Cemeteries and distance from wells. All cemeteries shall meet the requirements set forth below unless otherwise exempted by the department of health. Well Class _ Distance from Cemetery Class 3A or deep well Class 3B well Class 3C or a shallow w___ 143 Minimum 50 feet Minimum 50 feet Minimum 100 feet Class 4 well Minimum 100 feet 4. Landscaping shall be distributed across the area developed as a cemetery to provide a minimum of ten percent (I0°-o) canopy coverage or shading within twenty (20) years. 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. 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. 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 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. 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. 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. Perimcter landscaping shall be in accordance with use types as specified in article VIIl, 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 ande"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. 144 F. Educational facility, primary.'secondary...... Facilities in the RAC and VC enlarged without a conditional use permit provided that all other site plan requirements are met. G. Modular classroom. ..... Modular classroom unit(s) shall only be allowed on a temporary basis, not to exceed twelve (12) months, on the site of an existing primary secondary, college/university, or religious assembly educational facility. 1. No more than three (3) units shall be allowed on a single site without approval of a conditional use permit. 2. The placement of the modular classroom unit(s) shall meet all of the required building setbacks for the underlying zoning district. In addition, all modular classroom unit(s) shall be setbacks at least thirty-five (35) feet from the front or primary entrance of the permanent education facility. 3. The existing parking on the site shall meet the requirements of article X, including spaces necessary to serve users of the modular classroom unit(s). 4. Exterior lighting of the modular classroom unit(s) shall be shielded and shall have zero (a) spillover onto adjacent properties. 5. If existing landscaping on the site does not meet the requirements of article VIII, additional landscaping shall be required to attain the minimum buffer and frontage zone landscaping requirements of the site. Foundation zone planting is not required for modular classroom units which are in place less than twelve (12) months. 6. Modular classroom unit design and installation shall meet all applicable federal, state and local building code regulations. 7. Modular classroom which require placement longer than twelve (12) months or construction of additional parking shall require a conditional use permit. H. 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. 1. Public maintenance and service facility...... Outside storage of materials shall be completely screened from public view, including; vehicular storage area. J. Public park and recreational area. 1. All outdoor recreational playfields, grounds and facilities and associated fences or enclosures hall 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 line. 5. Vehicular parking shall be in accordance with the requirements of this ordinance and hall 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 requirement 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. 7. All public swimming pools shall conform to the following minimum requirements: a. Setback requirements: Seventy-five (75) feet from any property line. i. Additional setback requirements: (1) Setback adjacent to residential zone: One hundred twenty-five (125) feet. (2) Setback adjacent to railroad right-of-way, publicly point: Twenty-five (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. 145 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 article VIII 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. K. Religious assembly. l . Religious facilities in the RAC, RR, NC, 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. 2. Religious assembly may occupy existing civic or commercial facilities in the RAC, VC, GC and PD-MX districts as a principal, accessory or temporary use provided that the existing site improvements, particularly parking, are adequate to accommodate the demands of the use and provided that the use is allowed under the conditional zoning of the property, if applicable. Any new construction, expansion, or enlargement shall obtain a conditional use permit in accordance with this ordinance. L. 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 power, telephone, telegraph, cable televisions, petroleum, gas, steam, water or sewer system, hall, 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 33 KV 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 preexisting state roads; 4. Temporary overhead facilities required for construction purposes will be pennitted; 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 fann and industrial customer utility services and wiring which is on property owned andior 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 underground. Overhead utilities service may be extended along or across other public road as authorized by the zoning administrator. 146 10. All improvements herein required shall be in accordance with accepted standards of utility practice for underground construction. M. Utility services, major. 1. Public utility buildings in any permitted residential zone shall have the exterior appearance of residential building. Landscaping shall be provided in accordance with article V I II. 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 of mile in distance from the well being replaced; b. The replaced well is abandoned in accordance with regulations administered and enforced by Virginia Department of Environmental Quality or other applicable agency; c. The replacement well shall draw water from the lower cretaceous aquifer (Potomac Group) only; d. The owner of the well demonstrate 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.) 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. 3. 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. (7-7-05; 5-27-10; Ord. No. 2012-2-C, 2-16-12, 3-20-14; 12-18-14; 7-19- 18.) Sec. 5-5004. - Supplementary use regulations for office use types. Reserved. (7-7-05; 7-19-18.) Sec. 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) identify(s) such uses subject to the following standards: No such regulated use shall be permitted: a. Within two thousand five hundred feet (2,500) of any other existing adult entertainment establishment; and b. Within two thousand five hundred feet (2,500) of any residential zoning district, planned development residential district; c. Within two thousand five hundred feet (2,500) of any of the following uses: i. 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 147 iii. Community recreation, public parks and recreational areas, or cultural services. 2. The distance for the written notice to adjoining property owners as set forth in section 1-1021 of this ordinance shall be extended to one thousand feet (1,000) for the purposes of this use. 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. 3. Signs and other visible messages. 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. ii. Sign messages may not include any graphic or pictorial depiction of material or services available on the premises. 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. 4. 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. Bed and breakfast...... Bed and breakfasts shall comply with the following standards: I . Maximum number of guest bedrooms: Five (5); 2. Maximum number of guests at any one (1) time: Fifteen (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 s pace for each guest bedroom shall be provided in a side or rear yard; 5. Meal service is limited to one (1) daily meal between 6:00 a.m. and 11:00 a.m. per paying overnight guest and is subject to approval by the Isle of Wight County Health Department for food preparation; and 6. At least one (1) operator of the bed and breakfast shall reside on the premises or on an adjacent premises. C. Campground...... All campground shall meet the following requirements: Campground area. a. Minimum lot area: Ten (10) acres. b. Minimum lot frontage: One hundred fifty (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. b. 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. .• 3. Setbacks. a. Minimum setback of all camping sites or pads from: Adjacent property lines and public or street rights -of -way: One hundred (100) feet. ii. Any residence of adjacent property owners: Three hundred (300) feet. iii. All interior roads and from each other: Twenty (20) feet. 4. Roads. 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. b. Campgrounds shall be provided with safe and convenient vehicular access from abutting public streets or roads. 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). 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. 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: i. One (1) lavatory; and ii. One (1) shower with hot and cold running water for males; and iii. 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. 6. Recreation area...... A minimum of fifty percent (50q.'O) 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. Fire protection...... 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. Additional regulations required to ensure the campground is protected from fire: a. Campgrounds shall be kept free of litter, rubbish, and other flammable materials. b. 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. c. 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. 149 10. Special conditions...... Campgrounds shall follow the regulations set forth m section 1- 10 17 for conditional uses. D. Campground, workforce. 1. Intent:..... The workforce campground, in contrast to a recreational campground, is to provide small scaled facilities in discrete rural areas of the county to accommodate the workforce associated with the Suny Nuclear Power Plant and similar facilities during outages, which require skilled and semi -skilled labor to seek temporary short tenn housing in the community. 2. General standards: a. Minimum lot size: Five (5) acres. b. The maximum number of campsites shall be ten (10) sites. C. No campsite shall be located within two hundred (200) feet of single-family residence located on an adjoining property, other than the residence of the owner.`operator of the campground. d. Health department approval shall be obtained for the campground and sewage disposal system. Any form of sewage disposal may be approved by the health, unless otherwise specifically addressed by this ordinance, provided there is no assumption of liability on Isle of Wight County without the express approval of the board of supervisors. e. Access to campsites shall be provided by a ten -foot all weather road suitable for volume and characteristics of the vehicles typical of a campground. f. The property on which the workforce campground is located shall have direct access to a public road, or if a private road is used for access, all of the property owners having access rights to the private road shall provide a written authorization for the use of the private road for a workforce campground. g. The maximum length of continuous occupancy in the same campground shall be no more than one hundred twenty (120) days. The zoning administrator has the authority to extend occupancy in the campground as necessary consistent with outage operations. Maximum occupancy shall not be circumvented by removal of units for brief periods of time, as is determined by the zoning administrator. h. The location of the campgrounds, the condition of the site and the nature of surrounding land uses shall be such that loss of farmland and adverse impact on surrounding property will be minimal. In general, a wooded site or partially wooded site is to be preferred to an open site in order to preserve farmland, reduce visual impact on development and provide an attractive environment within the campground. i. Tile overall design shall evidence a reasonable effort to preserve the natural amenities of the site, including wooded areas, steep slopes, bluffs, wetlands, beaches, and bodies of water. Special emphasis shall be given to preservation of mature trees and landscaping of areas which must be cleared. j. The conditional use permit, if approved, shall initially be issued for a period not to exceed five (5) years. Renewal of the permit shall be obtained prior to the expiration of the initial five (5) years, after which a permit may be issued for a period of not more than ten (10) years. E. Commercial equipment repair, accessory to dwelling. 1. The operation and use shall not occupy a building larger than two thousand (2,000) square feet. 2. Outdoor storage shall be prohibited. F. Commercial indoor sports and recreation. 1. Where an indoor shooting range is proposed, the following additional criteria shall apply: a. 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. 150 b. 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. G. 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. 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. H. 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; 2. Minimum frontage of two hundred (200) feet on a public road; 3. Swimming pools, tennis courts, recreation areas, and buildings shall be at least two hundred (200) feet from any adjacent residential zone; 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; and 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. 1. 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; b. For a residential subdivision, upon completion of infrastructure and site improvements; or c. The expiration of the building or zoning permit, whichever was last issued, for the property. 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. J. Contractor office and storage facility...... All materials stored on the property shall be placed either indoors or in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential di strict, in addition to meeting the landscaping zone requirements of article VIII. K. 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 subsection 5-5005.0., the supplementary use standards for a gasoline station. 151 b. The outdoor display of goods for sale shall be prohibited. L. 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. 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. M. 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 a 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 sale of the merchandise. 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. N. Funeral home (as a conditional use). I. 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. O. 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) [feet] 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. 3. The outdoor storage of garden tools, bulk or bag materials, and similar items shall only be allowed within a fully screened storage area. P. 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 152 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 XI. 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. C. 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 three thousand five hundred (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 for the storage of inoperable, unlicensed, or unregistered motor vehicles. i. 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. j. The canopy of a gasoline station shall not exceed fifteen (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. 1. 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 of any underground tanks plus ten percent (100,.0). Absent such surety, the county may remove any such tanks and place a lien on the property including all administration costs. Q. 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. 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. R. Kennel, commercial. General standards: a. Animal waste shall be disposed of in a manner applicable to all federal, state and local laws and regulations. 153 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 two (2) acres. b. All facilities associated directly with the commercial kennel, whether indoors or outdoors, shall be located not less than fifty (50) feet from the nearest property line or two hundred (200) feet from the nearest residence on an adjoining lot, whichever is greater, and shall meet the screening zone requirements 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 ten (10) feet from any property line, and shall meet the screening zone requirements as specified in article VIII. S. Marina...... 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. T. Miniwarehouse. ..... A miniwarehouse 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. Non -street -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 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 (1) side only and at least thirty (30) feet wide when cubicles open onto both 154 sides to accommodate loading and unloading at individual cubicles. Adequate turning radiuses shall be provided, where appropriate, for a thirty -foot -long single unit truck or moving van. U. Micro -brewery, distillery, cidery...... General standards: 1. Activities related to the brewing/distilling process not within an enclosed building shall meet the requirements of the screening zone as set forth in article VIII. 2. Tasting rooms, restaurants, retail space, and other uses shall not exceed fifty percent (50%) of the floor area of the establishment. V. Motor vehicle dealership, new. 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. c. Body and fender repair services are permitted provided: i. The area devoted to such services does not exceed twenty percent (20%) of the floor area. ii. The repair facilities are at least one hundred fifty (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. 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 one hundred (100) feet from any adjoining residential district, in addition to meeting the landscaping zone requirements of article VIII. W. Motor vehicle dealership/used...... General standards: 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 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 one hundred (100) feet from any adjoining residential district, in addition to meeting the landscaping zone requirements of article VIII. X. 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 least thirty-five (35) feet from the public right-of-way, whichever is greater. Y. Motor vehicle/rental...... General standards: 1. 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. IMi 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 pennanent illuminated signs, shall be arranged so as not to reflect or to cause glare into any residential zone. Z. Motor vehicle repair service/major...... General standards: I. All vehicles stored on the premises in excess of seventy-two (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 one hundred (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 one hundred fifty (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 one hundred (100) feet from any adjoining residential district, in addition to meeting the landscaping zone requirements of article VIII. 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 ownerr+occupant of the property, shall be prohibited. AA. Motor vehicle repair service-iminor . ..... 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. BB. Restaurant, drive-in [fast food]...... General standards. 1. Such restaurants shall comply with the requirements for drive -through facilities contained in subsection 5-1004.13, accessory uses, and section 10-1013, stacking spaces and drive through facilities. CC. Taxidermy...... General standards: 1. Proper permitting and record retention shall be required through the commonwealth for stuffing and mounting birds and animals for compensation or for sale, as provided for in Title 29.1. 2. Proper disposal of waste material to prevent potential disease transmission is required by the following means, and without undue delay: a. Incinerating organic waste material in an approved incinerator, not by open burning, even in a pit. b. Placing organic waste material in a legal landfill using a covered leakproof container for transport. C. Use of animal remains for hunting and•`or as an animal food source shall be prohibited. (7-7-05; Ord. No. 2012-1 0-C, 10-18-12; 9-18-14; 11-17-16; 7-19-18.) Sec. 5-5006. - Supplementary use regulations for industrial use types. A. Abattoir or livestock processing. 156 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. 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. 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 -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: Five (5). b. Minimum setback: Two hundred (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/Concrete plant...... General standards: l . In considering a conditional use permit request for an asplialt/concrete 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: 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 lines, 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/concrete 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. 3. 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: 1. All materials stored on the property shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential district, in addition to meeting the landscaping zone requirements of article Vill. 157 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. 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 subsection 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 subsection 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: Minimum lot area of one hundred (100) acres shall be required. 2. A minimum buffer three hundred (300) feet in width is required adjacent to residential districts or uses and a minimum buffer, one hundred fifty (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 -foot -high solid board fence or masonry wall shall be required around all property lines adjacent to property zoned or developed for residential uses. d. The operation of the sanitary landfill shall comply with all applicable federal, state, and county licensing, permits, and authorization. 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. 158 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 VIll. H. Resource extraction...... When established as a conditional use, processing and removal of sand, gravel, or stone, stripping of topsoil (but not including stripping of sod), and borrow pits, shall be subject to the following standards: 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: i. Excavation or grading when conducted solely in aid of on -site farming or construction. ii. 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. 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...... 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. The application fee shall be as prescribed in Table 3 (fee schedule for zoning applications). 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. 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. Tile application shall include the following information and attachments: a. The common name and geologic title, where applicable, of the mineral, ore or other solid matter to be extracted; 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; c. The name and address of the owner or owners of the surface of the land; d. The name and address of the owner or owners of the mineral, ore or other solid matter; 159 e. The source of the operator's legal right to enter and conduct operations on the land to be covered by the permit; f. The total number of acres of land to be covered by the permit; g. 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 pen -nit during the ensuing year; h. Whether any borrow pit permits of any type are now held by the applicant and the number thereof, i. 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; j. 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.i. 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; k. The application for a permit shall be accompanied by the minimum number of copies required by the application of an accurate map or plan and meet the following requirements: i. Be prepared by a licensed engineer or Iicensed surveyor; ii. Identify the area to correspond with the land described in the application; 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; iv. Be drawn to a scale of four hundred (400) feet to the inch or better; 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; 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; vii. Show the date on which the map was prepared, the north arrow and the quadrangle name; 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; 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; m. Provide an erosion and sedimentation control plan designed in accordance with all applicable state requirements related to land -disturbing activities; n. Provide an estimation of the total number of cubic yards to be excavated; p. 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; q. The name and address of the operator. No permit shall be issued by the board of supervisors until the planning commission and zoning administrator have approved the plan of operation from the applicant as hereinafter provided. 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 160 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: a. The planned use to which the affected land is to be returned through reclamation; 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 can set schedules for the integration of reclamation with the mining operation according to the various individual mineral types. 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 reclamation shall be conducted simultaneously with the mining operation insofar as practicable The zoning administrator may require an amendment to the operations plan to meet the exigencies of any unanticipated circumstances or event. 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 approval, disapproval or amendment of the application. 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. 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. 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. d. Fencing/gate requirements...... The zoning administrator, as herein defined, may require the entire excavation operation 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. 8. Restoration requirements...... The site shall be reclaimed in accordance with state standards. 9. Planning commission and board of supervisors...... Upon receipt of a reasonable plan of operation as 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 161 permit with or without conditions to ensure 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. 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. 1 l . 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, 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: a. Apply the control techniques and institute the actions approved in the operations and reclamation plan; b. Comply with any required amendments to the operations or reclamation plan; c. Comply with any other requirement of this ordinance; 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 pen -nit. 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. Scrap and salvage service...... A scrap materials, and salvage service may be pennitted 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). 2. Vehicles shall not be stored or stacked so that they are visible from any adjacent properties. 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. Shall meet the minimum setback requirements for principal structures. 162 2. No shipping container shall be used as a residence. 3. Shipping containers may serve as accessory structures as a permitted use in industrial zoning districts and as a conditional use in residential and commercial zoning districts. Shipping containers shall be subject to all applicable accessory structure requirements contained in this ordinance as well as the following additional criteria: a. Shipping containers shall not be stacked in residential and commercial zoning districts. b. Shipping containers shall be located in the rear yard of the principal structure only. c. The shipping containers are placed or stored in areas depicted on an approved site plan. d. The exterior of the shipping container shall be maintained structurally intact. e. The exterior of a shipping container in residential and commercial districts must be painted in nonreflective, subtle, neutral or earth tones. The use of high intensity colors, metallic colors, black or fluorescent colors are prohibited. f. No more than one shipping container shall be allowed on a residential lot less than two (2) acres in area; no more than two (2) shipping containers shall be allowed on residential lots between two (2) and five (5) acres in area; and a maximum of five (5) containers shall be allowed on residential lots over five (5) acres in area. g. There is no maximum number of shipping containers permitted to be used as accessory storage in agricultural and industrial districts. h. Shipping containers in commercial and industrial districts must be used in the active transport of goods, wares or merchandise in support of the lawful principal use of the property. i. Shipping containers may be allowed only if there is a legally established principal use on -site and all parking requirements are maintained. j. 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. k. The shipping containers must comply with development criteria relating to setbacks for principal buildings in the industrial district where permitted and landscape buffer yards. 1. Shipping containers shall not be stacked to exceed a total of three (3) containers or thirty-eight (38) feet in height in industrial zoning districts, whichever is less. Stacked containers must comply with the Virginia Statewide Fire Prevention Code, as amended. m. Shipping containers must be treated to limit or remove potential exposure to hazardous chemicals. A certification that these conditions have been remedied or are absent is required for new container applications. n. No shipping container shall be placed on or otherwise block or restrict access to fire hydrants, fire lanes or required parking spaces. 163 K. Towing service storage yard...... A towing service storage yard may be permitted as a conditional use when consistent with the zoning district regulations, provided: 1. Such facilities shall involve temporary storage (typically ninety (90) days or less) of inoperable motor vehicles. 2. Inoperable, junk, wrecked vehicles shall be completely screened from view with a solid fence or wall six (6) feet in height, except for approved access crossing and utility casements. Such fence or wall shall be uniform and durable, and shall present a finished side to the exterior property line(s). Such fence shall be properly maintained and located interior to any required buffer or landscape strip. 3. No junk, wrecked vehicles or parts thereof shall be collected or stored outside the required fence or in piles more than six (6) feet in height. 4. With the exception of the removal of tires and rims, the on -site dismantling of vehicles is prohibited, as well as the collection or storage of any material containing or contaminated with dangerous explosives, chemicals, gases, combustible or radioactive substances. 5. Such facilities shall be operated and maintained in such a manner as not to allow the breeding of rats, flies, mosquitoes or other disease carrying animals and insects. (7-7- 05; Ord. No. 2012-10-C, 10-18-12, 6-19-14; 7-19-18. ) 164 Sec. 5-5007. - Supplementary use regulations for miscellaneous use types. A. Reserved. B. Amateur radio tower. 1. The maximum height allowed shall be no greater than two hundred (200) feet pursuant to Section 15.2-2293.1 of the Code of Virginia. 2. The following setback requirements shall apply to all towers and antennas: a. The tower must be set back from any off -site residential structure no less than the full height of the tower structure and height of any mounted antenna. b. Towers, guys and accessory facilities must satisfy the minimum setback requirements for primary structures. C. Aviation facility...... An aircraft landing area or airport may be pennitted, provided: 1. A satisfactory airspace analysis by the Federal Aviation Administration for operation under visual flight rules shall be submitted with the use permit application. 2. For fixed -wing aircraft, a clear zone extending one thousand (1,000) feet from the end of all runways shall be secured through ownership or easement, but, in no case, shall the end of runway be closer than two hundred (200) feet from any property line. 3. For both fixed- and rotary -wing aircraft, neither the landing area nor any building, structure, or navigational aid shall be located within four hundred (400) feet of any property line adjacent to a residential district or use. a. Landing areas for rotary -wing aircraft shall be designed to comply with the Airport Design Guide of the Federal Aviation Administration. D. Communication tower (and associated substation). 1. General description...... The purpose of this section is to establish general guidelines for the siting of towers and antennas. The goals of this section are to: a. Encourage the location of towers in nonresidential areas and minimize the total number of towers and tower sites throughout the community. b. Encourage strongly the joint use of new and existing tower sites. C. Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal. d. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas. e. To provide adequate sites for the provision of telecommunication services with minimal negative impact on the resources of the county. This section is intended to comply with all federal and state regulations. 2. Applicability...... This section shall not govern any tower, or the installation of any antenna, that is: a. Under fifty (50) feet in height; b. Owned and operated by a federally licensed amateur radio station operator; c. Used exclusively for receive only antennas for amateur radio station operation; d. Used solely as part of an agricultural operation; or e. Towers or antennas used primarily by governmental agencies for public safety communications and emergency services are exempt from the conditional use permit process, provided they meet the guidelines set forth by [subsection] 5- 5007.D.13 and 14 of the Zoning Ordinance as determined through the preliminary site development plan process. 3. Existing structures and towers...... The placement of an antenna on or in an existing structure such as a building, sign, light pole, water tank, or other freestanding structure or existing tower or pole shall be pennitted so long as the addition of said antenna shall not add more than twenty (20) feet in height to said structure or tower and shall not require additional lighting pursuant to FAA (Federal Aviation Administration) or other applicable requirements. 165 Such permitted use also may include the placement of additional buildings or other supporting equipment used in connection with said antenna so long as such building or equipment is placed within the existing structure or property and is necessary for such use. The following shall be required of any proposed antenna or "co -location": a. All utilities required will be placed beneath the surface of the ground. b. Commercial wireless service co -locations shall not include facilities for transmitting or receiving signals by governmental agencies. c. All co -locations must be in compliance with Federal Communication Commission (FCC) standards for non -ionizing electromagnetic emissions. In addition, a non -ionizing electromagnetic radiation (NIER) report shall be required for any proposed co -location if an impact analysis for that co -location port was not included within the NIER report submitted at the tower approval stage. 4. General guidelines and requirements. a. Must consider county -owned locations first in considering new builds. b. Must agree up front to escrow or payment in lieu of escrow. c. Principal or accessory use: i. For purposes of determining compliance with area requirements, antennas and towers may be considered either principal or accessory uses. ii. An existing use or an existing structure on the same lot shall not preclude the installation of antennas or towers on such lot. iii. For purposes of determining whether the installation of a tower or antenna complies with district regulations, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased area within such lots. iv. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure. 5. Inventory of existing sites...... Each applicant for an antenna and or tower shall provide to the department of planning and zoning an inventory of its existing facilities that are either within the locality or within five (5) miles of the border thereof, including specific information about the location, height, and existing use and available capacity of each tower. The department of planning and zoning may share such information with other applicants applying for approvals or conditional use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the locality, provided, however that department of planning and zoning shall not, by sharing such information, in any way represent or warrant that such sites are available or suitable. 6. Design and lighting requirements...... The requirements set forth in this section shall govern the location of all owners and the installation of all antennas governed by this section; provided, however, that the board of supervisors may waive any of these requirements if it determines that the goals of this section are better served thereby. a. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA (Federation Aviation Administration), be painted a neutral color, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, nonreflective color with no logos. b. At a facility site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding structures. C. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. 166 d. Towers shall not be artificially lighted, unless required by the FAA (Federal Aviation Administration) or other applicable authority. If lighting is required, the board of supervisors may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. e. No advertising of any type may be placed on the tower or accompanying facility unless as part of retrofitting an existing sign structure. £ To permit co -location, the tower may be required to be designed and constructed to permit extensions. 7. Federal requirements. ..... All towers must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other agency of the federal government with the authority to regulate towers and antennas. In addition, the tower owner shall implement U.S. Fish and Wildlife Service procedures for communication tower construction, operation, and decommissioning to protect endangered night -migrating birds under the Migratory Bird Treaty Act, Endangered Species Act, and Bald and Golden Eagle Act. 8. Building codes...... To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state and local building codes and regulations. 9. Information required for conditional use permit. ..... Each applicant requesting a conditional use pen -nit under this section shall submit a scaled plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping and adjacent uses. The county may require other infonnation to be necessary to assess compliance with this section. Additionally, the applicant shall: a. Provide actual photographs of the site from all geographic directions (north, south, east, and west) and from any additional vantage point specified by the zoning administrator; and b. Erect a temporary structural marker of fluorescent color, not less than ten (10) feet in height and two (2) feet in diameter, to mark the base of the proposed tower on the site. The photographs shall contain a simulated photographic image of the proposed tower and include the foreground, the mid -ground, and the background of the site. The structural marker shall be erected at the time of application and removed within ten (10) days after the final public hearing for the proposed conditional use permit request. The objective of the photograph simulations and structural marker shall be to provide a vertical representation of the structure for survey of the visual impacts the tower will have from significant highway corridors, residential properties, and historic.'significant areas. In addition to the above required information, the applicant shall also submit the following: i. An engineering report from a qualified radio -frequency engineer that is sealed and signed and specifies the height above grade for all potential mounting positions for co -location antennae and the minimum required separation distances between antennae to ensure no frequency interference. ii. An engineering report from a qualified structural engineer that is sealed and signed, and supports the proposed vertical design separation of antennae and includes the following: (1) The tower height and design including cross-section and elevation. (2) Structural mounting designs and materials list. (3) Certification that the proposed tower is compatible for co -location with a minimum of six (6) users (including the primary user) at the heights proposed and specification on the type of antennae that the tower can accommodate. 167 iii. The applicant shall provide copies of its co -location policy. iv. The applicant shall provide copies of propagation maps demonstrating 111"It antennas and sites for possible co -locator antennae are no higher in elevation than necessary. V. The personal communications service carrier shall be a co -applicant for all applications. vi. For the purpose of determining the tower's suitability for use in the case of a local, state, or national emergency, the applicant shall provide written information specifying what measures will be provided to accomplish continued communications operations in the event of power outages caused by a manmade or natural disaster, i.e., backup generators, etc. 10. Factors considered in granting conditional use permits for new towers...... The board of supervisors of Isle of Wight County shall consider the following factors in determining whether to issue a conditional use permit for new towers. The board of supervisors may waive or reduce the burden on the applicant of one (1) or more of these criteria if the board of supervisors concludes that the goals of this section are better served thereby: a. Height of the proposed tower; b. Proximity of the tower to residential structures and residential district boundaries; c. Nature of the uses of adjacent and nearby properties; d. Surrounding topography; e. Surrounding tree coverage and foliage; f. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; g. Proposed ingress and egress; h. Co -location policy; i. Language of the lease agreement dealing with co -location; j. Consistency with the comprehensive plan and the purposes to be served by zoning; k. Availability of suitable existing towers and other structures as discussed below; 1. Proximity to commercial or private airports; and M. Level of emergency preparedness for the individual site and contribution to the county -wide emergency response plan. 11. Availability of suitable existing towers or other structures...... No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the board of supervisors of Isle of Wight County that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted should consist of the following: a. No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements; b. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements; C. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment, and cannot be retrofitted to accommodate additional users; d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna; e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure or sharing are unreasonable. Costs exceeding tower or structure for sharing arc unreasonable; and f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. 12. Setbacks. ..... The following setback requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the board of supervisors of Isle of Wight County may reduce the standard setback requirements if the goals of this section would be better served thereby. a. The tower must be set back from any off -site residential structure no less than four hundred (400) feet. b. A setback of one (1) foot horizontally for each foot in height shall be provided from the base of the tower structure to any adjoining property line (other than the property of the lessor). C. Towers, guys and accessory facilities must satisfy the minimum zoning district setback requirements for primary structures. 13. Security fencing...... Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti -climbing device; provided, however, that the board of supervisors of Isle of Wight County may waive such requirements, as it deems appropriate. 14. Landscaping. ..... The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required; provided, however, that the board of supervisors of Isle of Wight County may waive such requirements if the goals of this section would be better served thereby: a. Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the support buildings from adjacent property. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the facilities. b. In locations in which the board of supervisors of Isle of Wight County finds that the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether. C. Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, the board of supervisors of Isle of Wight County may determine the natural growth around the property perimeter may be sufficient buffer. d. Existing trees within the lesser of two hundred (200) feet or the area controlled by the applicant/owner shall not be removed except as may be authorized to permit construction of the tower and installation of access for vehicle utilities. 15. Local government access...... Owners of towers shall provide the county a right of first refusal for co -location opportunities as a community benefit to improve radio communication for county departments and emergency services, provided it does not conflict with the co -location requirement of subsection 9.a., of this section. 16. Removal of abandoned antennas and towers...... Any antenna or tower that is not operated for a continuous period of twenty-four (24) months shall be considered abandoned, and the owner of each such antenna or tower shall remove same within ninety (90) days of receipt of notice from the county notifying the owner of such removal equipment requirement. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings to a minimum depth of three (3) feet. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. At the discretion of the county, a surety bond in a form acceptable to the county attorney may be required to insure that the funds necessary for removal are available to the county in the event the structure is abandoned. 17. Required yearly report...... The owner of each such antenna or tower shall submit a report to the board of supervisors of Isle of Wight County once a year, no later than July 1. The report shall state the current user status of the tower. 18. Review fees...... Any out-of-pocket costs incurred for review by a licensed engineer of any of the above -required information shall be paid by the applicant. E. Composting system, confined vegetative waste or yard. 169 I . All composting operations shall submit the following in order to make application for a conditional use permit: a. A written plan operation demonstrating the composting facility owner and operators understand and will apply the principles and proper methods of composting. The plan also must demonstrate that the composting facility will be operated in a manner that will not pose a threat to human health and the environment, and the intended use of the compost. b. The plan shall include standards for siting, design, construction, operation, closure, and permitting procedures for vegetative waste management facilities, including yard waste composting facilities. C. The plan shall also specifically address odor minimization, including seasonal variations that effect wind velocity and direction shall be described. 2. All state, federal and local permits shall be obtained and submitted to the department of planning and zoning prior to operation. 3. A composting system shall not include the land application of compostable organic material to forestall or agricultural lands. F. Reconstructed wetland. Intent...... The purpose of requiring a conditional use permit is to ensure consistency with the comprehensive plan and appropriate land use. Reconstructed wetlands, once permitted by state and federal agencies, become a permanent long-term land use that is expensive and difficult to re -pen -nit if it is poorly placed on the landscape. Such facilities should therefore be evaluated in relationship to the long range plans of the county. Issues related to the technical design, feasibility, etc., shall remain the jurisdiction of the Army Corps of Engineers and the Department of Environmental Quality and shall not be a consideration m evaluating the conditional use permit request. G. Shooting range, outdoor. 1. General standards: a. The site or area used as a shooting range or match shall be fenced, posted every fifty (50) feet or otherwise restricted so that access to the site is controlled to insure the safety of patrons, spectators and the public at large. b. The county sheriff shall review and make recommendations for the design and layout of any shooting range or match as to its safety to patrons of the range as well as surrounding property owners. As a general guideline, the following distances shall be maintained unless modified in writing by the county sheriff: i. The minimum distance from any firing point measured in the direction of fire to the nearest property line shall not be less than three hundred (300) feet; ii. Where a backstop is utilized to absorb the discharged load, the minimum distance may be two hundred (200) feet; and iii. No firing point shall be located within one hundred (100) feet of an adjoining property line. 2. The distance for the written notice to adjoining property owners as set forth in section 1-1021 of this ordinance shall be extended to one thousand feet (1,000) for the purposes of this use. H. Turkey shoot. General standards: a. A turkey shoot shall be on a site of not less than three (3) acres. b. The firing line or points shall be located at least one hundred (100) feet from any public road. C. The site shall be so designed that the distance to any adjacent property measured from the firing point or points in the direction of fire shall be not less than six hundred (600) feet, or an earthen backstop of twenty (20) feet or greater shall be provided a minimum of two hundred (200) feet from the firing line. d. Shotguns only shall be used in a turkey shoot. 170 e. The use or discharge of firearms shall be prohibited between the hours of 9:30 p.m. and 7:00 a.m. f. A zoning permit shall be valid for a period not to exceed sixty (60) consecutive days. g. A turkey shoot shall not be conducted on the same property for more than ninety (90) days in any twelve-month period. (7-7-05; Ord. No. 2011-11-C, 7-7-11; Ord. No. 2013-1-C, 4-18-13; 7-17-14; 7-21-16; 7-19-18.) For state law as to authority of the county to regulate boating within its territorial waterways, see Code of Va., $ 29.1-700 et seq. COUNTY ADMINISTRATOR'S REPORT County Administrator Keaton notified the Board of the County's receipt of a Certificate for Achievement of Excellence in Financial Reporting for the Fiscal Year Ending June 30, 2017. County Administrator Keaton notified the Board of the County's receipt of an award from the Virginia Association of Counties for Best Small County Achievement. County Administrator notified the Board of recipients of the "Caught You Caring Award" for the First Quarter of FY2018-19. County Administrator Keaton notified the Board of the County's receipt of a 2018 Achievement Award for utilizing GIS to improve erosion and sedimentation control Inspection Program Efficiency County Administrator Keaton drew attention to a Summary of Development Activity in Isle of Wight County for the Third Quarter of 2018 which was contained in the agenda. Matters for the Board's information were highlighted by County Administrator Keaton. County Administrator Keaton updated the Board on a recent meeting with VDOT representatives regarding two Smart Scale projects that were approved in 2017, namely the Nike Park Road extension and the Bartlett intersection redesign. He advised the Nike Park Road extension project is over budget from the original estimate and the Bartlett intersection is well within budget. Andrea S. Clontz, Emergency Management Coordinator, advised that the County will be included in the presidential declaration for public assistance related to reimbursement of expenses from Hurricane Florence. She advised the County incurred approximately $33,000 of which $24,000 will be eligible for review for reimbursement. She advised that if all the costs were deemed eligible for reimbursement, the County could anticipate approximately $18,000 in reimbursement. UNFINISHED/OLD BUSINESS 171 County Administrator Keaton presented a request from property owners for Ashby Way East to be accepted into the Secondary Street System. Upon motion of Supervisor McCarty and unanimously approved (5-0), the Board adopted the following Resolution, as amended, requesting the Virginia Department of Transportation accept Ashby Way East, Carrolton, into the Secondary Street System: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY VIRGINIA, REQUESTING ACCEPTANCE OF ASHBY WAY EAST IN CARROLLTON, VIRGINIA INTO THE SECONDARY STREET SYSTEM WHEREAS, the street referenced above is shown on plats recorded in the Clerk's Office of the Circuit Court of Isle of Wight County, Virginia; and, WHEREAS, the Land Development Department of the Virginia Department of Transportation has advised Isle of Wight County that the street meets the requirements established in accordance with secondary road policies and the Subdivision Street Requirements of the Virginia Department of Transportation and the Isle of Wight County Subdivision Ordinance relating to acceptance of streets into the State's Secondary Road System. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Isle of Wight County requests the Virginia Department of Transportation to add the street, known as Ashby Way East in Carrollton Virginia to the Secondary System of State Highways, pursuant to Section 33.2-705 of the Code of Virginia of 1950, as amended, and the Department's Subdivision Street Requirements. BE IT FURTHER RESOLVED that this Board guarantees a clear and unrestricted right-of-way, and any necessary easements for cuts, fills, and drainage. BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Land Use Division for the Virginia Department of Transportation. Jeff Terwilliger, Chief of Emergency Services, presented the recommendation of the Fire and Rescue Association to establish a Fire and Rescue Advisory Board that would work in conjunction with the Fire & Rescue Association to provide the Board of Supervisors with a formal recommendation from the volunteer and career stakeholders to assure that as issues come forward they are with a collaborative view. He advised that each of the volunteer agencies and the Department of Emergency Services would submit to the Board two representatives who would be members that would be approved by the Board of Supervisors to be the voting member for that organization. He advised that each December, a list of names would be submitted to the Board to be ratified and approved by the Board to take effect the following January of each year. Brandon Jefferson, Chairman of the Fire & Rescue Association, stated the proposed draft before the Board tonight was approved unanimously by the Fire & Rescue Association 172 Upon motion of Supervisor McCarty and unanimously approved (5-0), the Board adopted a resolution to create the Fire & Rescue Advisory Board and to accept their recommendations as proposed. County Administrator Keaton represented a request from the Windsor Volunteer Fire Department for reimbursement in the amount of $58,681 for additional operating expenditures and repairs to equipment. Mr. Jefferson advised that a vote in favor to reimburse the Windsor Volunteer Fire Department for the cost incurred to replace their compressor was taken at the most recent Fire & Rescue Association meeting. County Administrator Keaton concurred with the request, but because it was not included in the budget this year, he recommended that it be included in the upcoming Capital Improvements Program. Supervisor Acree moved to approve a request for reimbursement in the amount of $58,681 to the Windsor Volunteer Fire Department for the purchase of their compressor and the funding will occur through the Capital Improvements Plan process. The motion was adopted unanimously (5-0). Assistant County Administrator Robertson updated the Board on a potential wetlands delineation identified by Kimley Horn in Phase III of the Shirley T. Holland Intermodal Park for a proposed Department of Juvenile Justice facility. County Administrator Keaton stated that the County is also looking at other potential users of this property that are interested in locating beside the proposed juvenile detention facility. He stated this would allow the County to take advantage of the water and sewer line that would be installed for the DJJ facility. NEW BUSINESS By request of Mr. Keaton, the Memorandum of Understanding for 9-1-1 Backup Services to be provided by the City of Suffolk was placed on hold until the next meeting. Supervisor McCarty motioned to approve the employment agreement with Mr. Robert W. Jones, Jr. as County Attorney effective January 1, 2018. The motion passed unanimously (5-0). ADJOURNMENT At 9:00 p.m., Chairman Jefferson declared the meeting adjourned. Car Its S rm, Clerk A�w AA� Rudolph Jefferson, Chairman 173