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.
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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.
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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
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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.
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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
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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,
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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.
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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.
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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.
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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.
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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
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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
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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.
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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,
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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.
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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.
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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
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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.)
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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• 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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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___
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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;
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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
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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
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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.
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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.
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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. )
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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