12-14-23 - 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 LOCATED AT 17090 MONUMENT CIRCLE, ISLE OF
WIGHT, VIRGINIA ON THURSDAY, THE FOURTEENTH DAY OF DECEMBER IN
THE YEAR TWO THOUSAND AND TWENTY-THREE AT 5:00 P.M.
BOARD MEMBERS PRESENT
William M. McCarty, District 2, Chairman
Joel C. Acree, District 4, Vice -Chairman
Richard L. Grice, District 1
Don G. Rosie, II, District 5
Rudolph Jefferson, District 3
STAFF MEMBERS PRESENT
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Robert W. Jones, Jr., County Attorney
Carey Mills Storm, Clerk
CALL TO ORDER
Chairman McCarty called the regular meeting to order at 5:00 p.m.
APPROVAL OF AGENDA
Supervisor Jefferson moved that the agenda be approved as presented. The motion
passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and
Jefferson voting in favor of the motion and no Supervisors voting against the
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CLOSED MEETING
At the request of County Attorney Jones pursuant to Section 2.2-3711(A) of the Code
of Virginia, Chairman McCarty moved to enter a closed meeting for the limited
purpose of: (1) A discussion regarding the appointment of specific appointees to
County boards, committee or authorities as set forth in the agenda, pursuant to
subsection 1 and for consultation with legal counsel regarding actual or probable
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litigation regarding Chesapeake Bay Preservation Area, Zoning Violations, and
Drainage Outfalls, where such consultation would adversely affect the negotiating
or litigation posture of this public body pursuant to subsection 7.
The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Jefferson,
Rosie and Grice voting in favor of the motion and no Supervisors voting against the
motion.
At 6:00 p.m., on motion of Jefferson and all voting in favor (5-0), the Board
reconvened into open meeting.
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 Vice -Chairman Acree and all voting in favor (5-0), 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
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heard, discussed or considered by the Board of Supervisors.
VOTE
AYES: McCarty, Acree, Jefferson, Rosie, Grice
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
INVOCATION
Rex Alphin delivered the invocation and led the Pledge of Allegiance.
CITIZENS' COMMENTS
Rex Alphin, River Run Trail, acknowledged Supervisor Grice's accomplishments
while serving on the Board and wished him well in his future endeavors.
Wayne Gustison of Ivor addressed a list of concerns regarding solar projects. He
spoke against the solar project that will be built in front of his home.
Responsive to Mr. Gustison's comments, Vice -Chairman Acree recommended that
staff retain a list of concerns associated with solar farms. He shared a concern
voiced by a local farmer who recently experienced damage to his crop and also
found a beam that had been driven into the ground in his field.
Supervisor Grice directed staff to review the document submitted by Mr. Gustison
and take appropriate action.
County Administrator Keaton noted that the County, in the past, has taken legal
action for utilizing incorrect roads and because the project lies in both Surry and Isle
of Wight counties, he would ask staff to identify which county the violations are
occurring in.
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Noting the Supervisor Rosie has diligently sought citizens to represent District S on
the Energy Task Force, but been unsuccessful, Chairman McCarty encouraged
citizens in District 5 to consider serving on the Energy Task Force.
CONSENT AGENDA
Following an overview by County Administrator Keaton, Vice -Chairman Acree
moved to adopt the following Consent Agenda as presented which passed
unanimously (5-0) with Supervisors McCarty, Acree, Jefferson, Grice and Rosie
voting in favor of the motion and no Supervisor voting against the motion:
A. Resolution to Amend the FY2023-24 Grant Fund Budget and Appropriate
Funds from the Virginia Department of Motor Vehicles Animal Friendly
License Plate Program ($1,260)
B. Resolution to Amend the FY2023-24 Operating Budget and Appropriate
Funding for Repair of County Vehicles from Insurance Proceeds ($2,530)
C. Resolution to Amend the FY2023-24 Operating Budget and Appropriate
Funding for a Virginia Department of Environmental Quality Litter Prevention
& Recycling Grant ($19,629)
D. Resolution to Amend the FY2023-24 Grant Fund Budget and Appropriate
Funding for National Night Out ($3,750)
E. Resolution to Recognize and Commend Richard L. "Dick" Grice
E. Lease Modification Agreement/New Vehicles/Increase of Interest Rate
from 3.84% to 4.49%
F. Minutes of:
September 21, 2023 Regular Meeting
October 16, 2023 Joint Meeting with the Town of Smithfield
October 19, 2023 Regular Meeting Minutes.
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REGIONAL AND INTER -GOVERNMENTAL REPORTS
Vice -Chairman Acree reported that he and Supervisor Jefferson had attended the
most recent Fire & Rescue Association meeting. He pointed out that County
volunteers save the County a great deal of money and render their service
sometimes at the cost of family time.
Supervisor Rosie reported on topics discussed at the most recent meeting of the
Hampton Roads Military Federal Facilities Alliance related to affordable housing
and mental illness.
Supervisor Grice reported on topics of discussion at the most recent meeting of the
Eastern Virginia Regional Industrial Facility Alliance.
Regarding the most recent meeting of the Hampton Roads Transportation
Accountability Commission, Chairman McCarty advised that the County was invited
to take a tour of the Port. County Administrator Keaton was requested to set up a
date for the tour.
County Administrator Keaton reported on topics discussed at the most recent
meeting of the Southeastern Public Service Authority related to the landfill.
APPOINTMENTS
Supervisor Rosie moved that Michelle Billups be appointed to represent the
Windsor District on the Commission on Aging. The motion passed by unanimous
vote (5-0) with Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in
favor of the motion and no Supervisor voting against the motion.
Supervisor Grice moved that Alysia Pack be appointed to serve on the Western
Tidewater Mental Health Community Services Board. The motion passed by
unanimous vote (5-0) with Supervisors McCarty, Acree, Jefferson, Rosie and Grice
voting in favor of the motion and no Supervisor voting against the motion.
Supervisor Grice moved that Don Robertson be appointed to serve on the Western
Tidewater Mental Health Community Services Board. The motion passed by
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unanimous vote (5-0) with Supervisors McCarty, Acree, Jefferson, Rosie and Grice
voting in favor of the motion and no Supervisor voting against the motion.
Supervisor Grice moved that James Piatak be appointed to represent District 1 on
the Commission on Adults with Disabilities. The motion passed by unanimous vote
(5-0) with Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in favor of
the motion and no Supervisor voting against the motion.
Supervisor Grice moved that Howard Meissel be appointed to represent District 1
on the Commission on Adults with Disabilities. The motion passed by unanimous
vote (5-0) with Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in
favor of the motion and no Supervisor voting against the motion.
Supervisor Jefferson moved that Toni Brown be reappointed to serve on the
Western Tidewater Mental Health Community Services Board. The motion passed
by unanimous vote (5-0) with Supervisors McCarty, Acree, Jefferson, Rosie and
Grice voting in favor of the motion and no Supervisor voting against the motion.
SPECIAL PRESENTATIONS
In recognition of this meeting being Supervisor Grice's last, the Board offered their
individual comments and presented Supervisor Grice with a framed resolution
recognizing and commending him for his service on the Board. A framed picture of
the Board taken at the recent VACo Annual Conference was also presented to him.
Vice -Chairman Acree moved that the following Resolution be adopted which
passed by unanimous vote (4-0) with Supervisors McCarty, Acree, Jefferson and
Rosie voting in favor of the motion; no Supervisor voting against the motion; and
Supervisor Grice abstaining:
RESOLUTION TO RECOGNIZE AND COMMEND
RICHARD L. "DICK" GRICE
WHEREAS, Richard L. "Dick" Grice has served as a member of the Isle of Wight
County Board of Supervisors from January 2016 through December 2023; and,
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WHEREAS, Mr. Grice has served as Chairman of the Board of Supervisors from
January 2021 through December 2021 after having served as Vice -Chairman of the
Board of Supervisors from January 2020 through December 2020; and,
WHEREAS, Mr. Grice has been a catalyst to promote and enhance successful
community and regional partnerships, to include, but not limited to, his service on
the Eastern Virginia Regional Industrial Facility Authority, Hampton Roads
Alliance, Hampton Roads Workforce Council, Western Tidewater Community
Transportation Collaborative, Western Tidewater Water Authority; and,
WHEREAS, his immeasurable contributions and dedication to the Board of
Supervisors have materially improved the effectiveness of the Board and the quality
of life of the citizens of Isle of Wight County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of
Supervisors of the County of Isle of Wight, Virginia that Richard L. "Dick" Grice
be recognized and commended for his outstanding service to the Board and the
citizens of Isle of Wight and that this Resolution be presented as a token of the
Board's gratitude and esteem.
BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors
extends to Richard L. "Dick" Grice its best wishes for his future endeavors and
orders that a copy of this Resolution be spread upon the minutes of this Board
meeting this 14th day of December 2023.
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Will Drewery, Emergency Management Coordinator, was recognized as a 2023
"Rising Star" award winner by Sara Ruch on behalf of the International Association
of Emergency Managers.
COUNTY ATTORNEY'S REPORT
County Attorney Jones reported that the Board's proposed By-laws and Rules of
Procedure will be presented for the Board's consideration at its organizational
meeting of January 4, 2024.
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COUNTY ADMINISTRATOR'S REPORT
Thomas Distefano provided a written update from members of the Energy Task
Force. He advised that the Task Force is currently in an educational phase and will
be breaking into smaller groups in order to develop the five deliverables the Task
Force committed to when first formed.
Following presentation of a proposed 2024 meeting schedule of the Board,
Supervisor Rosie requested that the January 18tn meeting be changed to January 16tn.
The consensus of the Board was to also remove the work session on July 1 ltn
Staff were directed to prepare a revised meeting schedule for adoption by the Board
at its January 4, 2024 organizational meeting.
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County Administrator Keaton reviewed the information as follows which includes
the most recent sales tax revenue which increased by 2.5%: 1.) Delinquent Tax
Collection (September 2023); Cash Position (September 2023); Statement of
Treasurer's Activity (September 2023); Incidents by Zone Map — November 2023;
2.) Incidents by Zone Data (November 2023); and, Station Activity Report
(November 2023)
Following a ten-minute break, the Board reconvened and Chairman McCarty called
for Unfinished/Old Business.
County Administrator Keaton presented a request from the School Division for the
appropriation of funds in the amount of $485,616 for compensation to school
employees. He explained that an additional 2% cost of living was unexpectedly
approved by the State for SOQ positions within the School Division with the caveat
that the County had to provide the local match portion. He advised that the School
Division is requesting $485,616 for the 2% for SOQ and non-SOQ positions which
would provide all School division employees with a 2% raise. He recalled that this
year the Board had funded a 5% raise in the School division's budget and that the
State had then added this 2% raise unexpectedly.
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Discussion followed on the amounts funded over the last several years to the
School Division which included a significant raise for bus drivers and funds provided
by the State during COVID.
Supervisor Grice, as background information, recalled that the School Board, in
August/September of 2023, had reported an estimated $512,000 deficit for the
2022/2023 school year ending in June of 2023. He advised following the accounting
cut-off period in November of 2023, the School Board discovered $213,466 unspent
monies in their textbook account and requested that the County authorize
$171,572 of those funds to offset the deficit and the balance of the $41,894 be
reappropriated to the school's current year. He advised that the request of the
School Division for $213,466 was received, reviewed and returned to the School
Division without the Board's knowledge because it did not follow recommended
GASB standards regarding reapplication of funds when a deficit has occurred. He
advised that all $213,466 needs to be used to reduce the $512,000 deficit bringing
the new deficit total to an unaudited amount of approximately $299,000. He stated
closing of the School division's books has been challenging and has been an on-
going process with County staff assisting, yet the closing of the School division's
books remain incomplete. There may be additional funds found to reduce the
estimated deficit. He advised that the audit must be completed on or before
December 31, 2023 to ensure that the County's AA credit rating is not negatively
affected. He continued that in late October of 2023, the School Superintendent
certified that the School division wanted to participate in the State's optional mid-
year two-year 2% salary increase. He advised that at the November of 2023 School
Board meeting, the School Board had voted to support the Superintendent's
certification after informing the Board of Supervisors of their decision and
requesting that the necessary matching funds be provided by the County. He
stated that the State authorized this optional increase after both the School
Division's and the County's budgets for FY2023-24 were finalized. He advised that
the State is providing $312,212 based upon student population and the authorized
standard of quality position and their related pay scale and the School Board has
asked the Board of Supervisors for $484,616 as they want to provide all 789 school
employees a 2% increase. He stated that County is being asked to cover the
compensation differential between SOQ pay raises and the actual pay raise of the
569 SOQ authorized employees, which includes instructional and support.
Additionally, the County is being asked to provide the 2% increase to 155 school
employees working in SOQ positions which are over and above authorized by the
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State whose salaries and benefits are not supported by the State. As we fund these
salaries and benefits, we are being asked to provide 82 school employees who work
in positions not listed in the SOQs. Their salaries are paid by a combination of
County funds and grant funds. He concluded that the School Division is asking that
the County to fund $172,404 more in local tax dollars than the State is providing.
The School Division advised that there is no money in the School budget that could
be used to make up the $172,404 shortfall although the School division was aware
that typically the School division has an annual windfall of $300,000 to $500,000
due to unfilled positions, attrition and personnel turnover. He proposed that the
County offer the money necessary for the 2% increase with the following
stipulations: 1.) the School Board immediately addresses the $213,466 in the
Textbook Account and adjust the proposed resolution so that all $213,466 goes to
reducing of the debt and School Board and senior administrators will defer and
delay vacation; school closings days' off and authorize any needed overtime
necessary to ensure that the School's accounting books are closed and submitted
to the auditors to meet the December 31, 2023 deadline and, 3.) should the closing
process reveal additional funds that would flow to the School's General Fund will
be used first to clear the deficit and any funds exceeding those needed to retire the
deficit will immediately returned to the County's General Fund without the typical
school request. These funds will be used to cover the cost of the unbudgeted 2%
increase, 4.) the Superintendent and the two Deputy Superintendents not listed as
positions in the SOQ schedule will not be participants in the 2% raise and, 5.) the
County will provide the funds necessary to support over the next six months the
2% increase with a maximum cap expenditure of $475,000.
Supervisor Grice moved, but the motion was not acted upon, that the Board approve
funding the teacher's 2% increase with acceptance by the School Board of the terms
specified above.
Opposition to Item 4.) was expressed and Chairman McCarty moved to provide
$475,000 as a cap on the expenditures with the following conditions:
1.) the School Board immediately addresses the $213,466 in the Textbook Account
and adjust the proposed resolution so that all $213,466 goes to reducing of the
debt and School Board and senior administrators will defer and delay vacation
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2.) school closings days' off and authorize any needed overtime necessary toe nsure
that the School's accounting books are closed and submitted to the auditors to
meet the December 31, 2023 deadline
3.) should the closing process reveal additional funds that would flow to the
School's General Fund will be used first to clear the deficit and any funds exceeding
those needed to retire the deficit will immediately be returned to the County's
General Fund without the typical school request. These funds will be used to cover
the cost of the unbudgeted 2% increase,
4.) the County will provide the funds necessary to support over the next six months
the 2% increase with a maximum cap expenditure of $475,000.
The Superintendent and the two Deputy Superintendents not listed as positions in
the SOQ schedule will not be participants in the 2% raise is be removed and not
included in the above conditions.
The motion passed by unanimous vote (5-0) with Supervisors McCarty, Acree,
Jefferson, Rosie and Grice voting in favor of the motion and no Supervisor voting
against the motion.
The reason behind the Board arriving at the $475,000 cap is to be explained to the
School Board.
It was noted that the School Board was currently in session in another facility and
the Board directed County Administrator Keaton to inform the School Board of the
action taken by the Board. When County Administrator Keaton returned, he advised
the Board that Dr. Cramer had accepted the modified conditions and a cap at
$475,000.
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Jamie Oliver, Transportation Planner, briefed the Board on the options associated
with the Route 17 Arterial Plan.
Supervisor Rosie moved to approve the partial displaced left turn, the through cut
and the two turbo T's. The motion passed by unanimous vote (5-0) with Supervisors
McCarty, Acree, Jefferson, Rosie and Grice voting in favor of the motion and no
Supervisor voting against the motion.
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Ordinance to Amend Appendix B. Zoning: Article III, Section 3-6000 (Use Types),
Article IV (Zoning Districts and Boundaries), Article V (Supplementary Use
Regulations), and Section 5-5005 for the Purpose of Allowing Short - Term Rentals
as a Commercial Use Type in Residential Zoning Districts under Certain Conditions
Amy Ring, Director of Community Development, presented background
information on proposed short-term rentals. Staff, as directed, has modified the
proposed language to include a 30-day adjacent property owner notification. The
same process will be done as currently done for family member mobile homes. A
written notification is sent by letter to the adjoining property owners advising them
of the proposed short-term rental and informing them that a permit may be issued if
written comments are not received within 30 days of the notification. The property
shall also be posted with a sign for no less than fourteen days prior to the expiration
of the 30-day period. If no written objections are received by the Zoning
Administrator from any property owner so notified within 30 days, then a permit
may be issued by the Zoning Administrator in accordance with the criteria for short-
term rentals. If written objections are received by the Zoning Administrator from
any property owner within the 30-day period, then the Zoning Administrator may
not issue a zoning permit unless and until such time as a Conditional Use Permit for
the short-term rental is approved by the Board with a recommendation by the
Planning Commission.
Chairman McCarty noted his opposition to anything outside of the Development
Service District having to go through a more stringent process. He remarked that he
was not comfortable with it at this time noting that a neighbor not being neighborly
could make a citizens have to apply for a Conditional Permit. He moved to table the
matter until the January meeting. The motion failed (4-1) with Supervisors Acree,
Jefferson, Rosie and Grice voting against the motion and Supervisor McCarty voting
in favor of the motion.
Vice -Chairman Acree moved to approve the following Ordinance amendments:
AN ORDINANCE TO AMEND THE FOLLOWING SECTIONS OF APPENDIX B.
ZONING: ARTICLE III, SECTION 3-6000 (USE TYPES), FOR THE PURPOSE OF
DEFINING SHORT TERM RENTAL AS A COMMERCIAL USE, ARTICLE IV (ZONING
DISTRICTS AND BOUNDARIES) FOR THE PURPOSE OF ALLOWING SHORT TERM
RENTALS AS A PERMITTED OR CONDITIONAL USE IN CERTAIN ZONING
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DISTRICTS, AND ARTICLE V (SUPPLEMENTARY USE REGULATIONS), SECTION 5-
1005 AND 5-5005, FOR THE PURPOSE OF INCLUDING PERFORMANCE CRITERIA
FOR SHORT TERM RENTAL USES IN THE COMMERCIAL SUPPLEMENTAL USE
TYPE 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 specific sections of the Articles of Appendix B, Zoning, of the Isle of Wight County
Code be amended and reenacted as follows:
Article III. Use Types.
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
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.
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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.\ 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
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
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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.
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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.
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.
Itinerant merchant.\ A person who shall engage in, do or transact any temporary or transient
business in the county, either in one (1) locality or in traveling from place to place in the sale of
goods, services, wares and merchandise, and who, for the purpose of carrying on such business,
shall hire, lease, use or occupy any building or structure, motor vehicle, tent, car, boat or public
room, or any part thereof, including rooms in hotels, lodging houses or houses of private
entertainment, any street, alley or other public place in any city or town or any public road in any
county, for a period of less than one (1) year, for the exhibition of or sale of such goods, wares or
merchandise.
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, cideryA 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 ten (10) or more operable motor vehicles,
and/or watercraft, except when used in conjunction with a bonafide agricultural operation. Motor
vehicles in this use shall include such items as cars, trucks, sports utility vehicles, motorcycles,
watercraft, 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.
Peddler.\ A person who shall carry from place to place any goods, wares or merchandise and offer
to sell or barter the same or actually sell or barter the same. All persons who do not keep a regular
place of business, whether it is a house or a vacant lot or elsewhere, open at all times in regular
business hours and at the same place, who shall offer for sale goods, wares and merchandise, shall
be deemed a "peddler."
Personal improvement service.\ 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.
Short Term Rental.\ The provision of a room or space that is suitable or intended for occupancy for
dwelling, sleeping, or lodging purposes, for a period of fewer than thirty consecutive days, in
exchange for a charge for the occupancy. A short term rental operator shall be further defined as
the proprietor of any dwelling, lodging, or sleeping accommodations offered as a short- term rental,
whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other
possessory capacity.
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
perform body piercing.
Taxidermy.\ 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 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 and/or 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.
Article IV. - Zoning Districts and Boundaries.
Part 1. - Zoning Districts and Boundaries. Sec. 4-1005. - Table of permissible uses.
Table 1
Table of Permissible Uses
P = Permitted, C = Conditional Use, (*) = Supplementary Use Regulations
Use Descriptions
RAC
IRR
C
INC
ISE
�SR
UR
ILC
�GC
ILI �Gl
�GIC
PDR
IPDMH DCP 1PDMX
PDIP
AGRICULTURAL USE TYPES
Agricultural Crop Service
Tower and Antenna (*)
P
C
P
C
Agricultural Farm
Equipment Sales and
Service
C
C
P
P
P
P
P
C
P
Agricultural Farm
Product Processing,
Warehousing and
Distribution Service
P
P
C
P
P
P
P
P
Agricultural Feed
Seed and Farm
Supply Service
C
P
P P
P
P
P
P
C
P
Agricultural Service/Agent
P
P
P
P
P
P
P
P
P
P
Agriculture
P
P
P
C
C
C
C
C
Agritourism (See Part 2A)
P
P
P
Aquaculture
P
P
P
C
C
C
C
C
Aquaculture, Waterfront Business
C
C
P
C
C
C
C
Commercial Feedlot (*)
P
C
C
P
C
Fair, Agricultural
P
C
Family Burial Plot
P
Farm Employee Housing (*)
C
C
C
Farmer's Market
P
P
P
P
P
P
Forestry Operation, Silvicultural
and/or Timbering (*)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Greenhouse Commercial and/or
Nursery
• In conjunction with
Residence
P
C
P
C
C
• In conjunction with
Residence
P
C
P
C
C
• Not in conjunction
with residence
P
P
P
P
P
P
P
P C
Greenhouse, Private
P IP
IP
P
P
C IC
C
C
I
I
C I
Ic
Livestock Auction Market (*)
P
C
C
P
C
C
Reptile Breeding (*)
C
1C
C
Sawmill, Private (*)
P
Stable, Commercial
• In conjunction with
Residence
P
C
C
C
C
C
C
• Not in conjunction
with residence
P
C
C
C
Stable, Private (*)
P
P
C
C
C
C
Viticulture
P
P
P
C
C
C
C
Wayside Stand (*)
P
P
IP
C
RFginFNTIAI 115F TYPFS
Accessory Apartment (*)
• Residential
Accessory Apartment
P
P �P*
C
P*
C
C
P*
• Commercial
Accessory Apartment
C
P
P
P
C
Boathouse(*)
P
P
IP
P
P
P
C
C
Community
Recreation (*)
C
C
C
C
C
P
P
Condominium (*)
C
I
P
I
IP
Congregate Housing
C
C
P
P
Dwelling, Multifamily Conversion
C
C
C
C
C
P
C
21
Home Occupation,
P
P
C
C
Type II (*)
Kennel, Private (*)
P
P
Manufactured Home,
P
P
C
P
Class A (*)
Manufactured Home,
P
P
Class B (*)
Manufactured Home,
Class C
Manufactured Home,
P
Family Member
Residence (*)
Manufactured Home,
P
Temporary Residence
Manufactured Home
P
Park
Manufactured Home
P
Subdivision
Multifamily Dwelling
C
C
P
P
P
Temporary
P
P
P
P
P
P
P
P
P
Emergency Housing
(*)
Townhouse
I
I
C
C
IC
IP
I
I
I
I
IP
I
I
IP
CIVIC USE TYPES
ministrative Service
Adult Care Center (*)
Assisted Living
Facility
Cemetery N
• Animal
C
C
C
C
• Church
C
C
C
C
C
C
C
C
C
C
C
• Private
C
C
C
C
C
C
C
C
C
• Public
C
C
C
C
C
C
C
C
C
Child Care Center (*)
C
C
C
C
C
C
I IP
P
P
C
P
C
Child Care Institution
(*)
C
C
C
C
C
C
C
Club
C
C
C
C
C
C
C
P
P
C
P
C
Community Center
C
P
P
P
P
P
P
Correctional Facility
C
C
C
Crisis Center
C
C
C
P
P
P
Cultural Service
C
C
IP
Ic
1C
C
C
IP
P
P
P
22
Educational Facility
College/ University
C
C
C
C
C
C
Educational Facility
Primary/Secondary
C
C
C
C
C
C
P
P
P
P
P
P
Halfway House
C
C IC
IC
C
C
C
P I
I
C I
Ic
Life Care Facility
C
C
C
C
C
C
P
P
P
P
P
Modular Classroom
P
P
P
P
P
P
P
P
P
P
P
P
Nursing Home (*)
C
C
C
C
C
C IC
IP
P
IP
IP
P
Park & Ride Facility
P
C
P
P IP
IP
P 1C
C IP
C
Post Office
P
P
C
C
C
P
P
IP
P
P
Public Sports/Event Facility
C
C
C
P
P
P
C
Public Maintenance
& Service Facility (*)
C
C
C
C
P
P
P
P
Public Park and
Recreational Area (*)
P
P
P
P
P
P
P
P
P
P
P
Public Safety Service
P
C
P
C
C
C
C
IP
P
P
P
P
1C
IP
P
Religious Assembly
(*)
C
C
C
C
C
C
C
C
C
C
C
Rehabilitation Service
C
P
P
P
P
Transit Station
C
C
C
P
P
P
P
P
P
Utility Service/Major
(*)
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Utility Service/Minor
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
OFFICE USE TYPES
Financial Institution
I
1C
I
1P
1P
I
I
I
I
I
IP
P
General Office
I
Ic
I
I
I
Ic
1P
1P
1P
I
1P
I
I
IP
IP
Laboratory
I
1C
I
I
I I
P
1P
1P
1P
I I
IP
Ic
Medical Office
I
1C
I
I
I
1C
1P
1P
I
I I
I
IP
Ic
COMMERCIAL USE TYPES
Adult Entertainment
Establishment (*)
C
Auction Establishment
C
C
C
P
P
P
P
P
Bed and Breakfast (*)
C
C
P
C
C
C
C
C
C
C
C
Boarding House
C
IC
C
IC
IC
C
IC
C
C
Boating and Fishing
Facilities
C
C
C
C
C
P
P
P
C
Business Support
Service
P
P
C
P
P
Business or Trade
C
C
C
P
P
P
P
P
C
School
Campground (*)
C
Campground,
C
Workforce (*)
Car Wash
C
P
P
P
P
I
P IC
Catering
C
P
P
C
Commercial Equipment Repair,
P
C
P
C
C
C
Accessory to Dwelling
(*)
Commercial Indoor
C
C
P
P
C
C
Amusement
Commercial Indoor
C
C
P
P
C
P
C
Entertainment
Commercial Indoor Sports &C
C
C
P
P
P
C
P
C
Recreation
(*)
Commercial Outdoo
C
C
C
C
C
C
C
Entertainment/Sports
& Recreation (*)
Commercial Outdoor
C
C
C
C
C
C
C
C
C
C
C
C
Swimming Pool & Tennis Facility (*)
Construction Office,
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Temporary (*)
Construction Sales &
C
P
P
P
P
C
Service
Contractor Office and
C
C
C
P
P
P
P
P
Storage Facility (*)
24
Convenience Store
C
C
C
C
P
P
C
C
Crematorium (*)
C
C
C
C
C
C
Dance Hall
C
C
C
Equipment Sales and
Rental
C
C
P
P
P
C
Event center
C
P
P
P
P
P
Flea Market (*)
C
C
C
C
C
C
Funeral Home (*)
C
C
P
P
C
P
C
Garden Center (*)
C
C
P
P
P
P
P
P JP
Gasoline Station (*)
C
C
C
C
C
C
C
C
General Store,
Country
C
C
P
C
Golf Course (*)
C
C
C
C
C
C
C
P
P
P
P
P
Golf Driving Range (*)
C
C
P
P IP
IP
C
Hospital
C
P
1C
C
Hospital, Special Care
C
C
C
C
Hotel/Motel/Motor
Lodge/Inn
C
C
P
C
P
C
Itinerant Merchant
JP
P
P
P
Kennel, Commercial
C
C
C
C
C
C
Laundry
C
IP
IP
Lawn and Garden
Services
P
P
P
P
P
Manufactured Home Sales
C
C
C
Marina (*)
C
C
C
C
C
C
C
C
P
C
C
P
C
Medical Clinic
C
C
P
C
C
Micro -Brewery,
Distillery, Cidery (*)
C
P
P
P
P
P
P
Mini -Warehouse (*)
C
1C
P
P
P
P
Motor Vehicle Dealership/New (*)
C
P
P
Motor Vehicle
Dealership/Used (*)
C
C
C
Motor Vehicle/
Outdoor Storage
C
P
P
P
C
Motor Vehicle Parts/
Supply, Retail (*)
C
P
P
P
P
P
P
25
Motor Vehicle/
Rental (*)
C
P
P
P
P
Motor Vehicle Repair
Service/Major (*)
C
C
P
P
P
C
Motor Vehicle Repair
Service/Minor (*)
C
C
P
P
P
C
C
Pawn Shop
C
P
P
Peddler
P
P
P
P
Personal
Improvement Service
C
P
P
C
P
P
Personal Service
C
P
P
C
P
P
Real Estate Office,
Temporary
P
i'
P
P
P
P
P
P
P
P
Recreational Vehicle
Sales & Service
C
C
C
Restaurant, Drive -In
Fast Food (*)
C
C
P
C
P
P
Restaurant, General
C
C
C
P
C
P
P
Retail Sales
C
C
P
P
P
P
P
Short Term Rentals(*)
P
P
P
P
P
P
P
P
P
P
Studio, Fine Arts
C
C
C
P
P
P
IP
P
Tattoo Parlor
C
P
P IP
I
P
C
Taxidermy (*)
P
C
C
P
P
P
Truck Stop
C
C
P
P
Veterinary Hospital/
Clinic
P
C
P
P
P
P
P
Wholesale Sales
1C
I
I
IP
P
P
P
P
P
P
INDUSTRIAL USE TYPES
Abattoir or Livestock
Processing (*)
C
C
P
Asphalt or Concrete
Plant (*)
C
C
Brewery, Distillery, Cidery
P
P
P
Construction Yard (*)
C
C
P
P
P
C
Custom
Manufacturing
C
C
C
P
P
P
P
C
Industry, Type I
C
I
1P
P
P I
C
Industry, Type II
C
P
P
Industry, Type III
C 1C
26
Landfill, Industrial (*)
C
C
C
C
Landfill, Rubble (*)
C
C
C
C
Landfill, Sanitary (*)
C
Meat Packing
P
P
Recycling Center (*)
C
P
IP
P
P
Refuse and Recycling
Center
C
C
C
P
P
C
Resource Extraction
C
C
C
Sawmill, Commercial
C
P IP
Scrap and Salvage
C
C
C
C
Service (*)
Shipping Container
C
C
C
C
C
C
C
P
P
P
C
(*)
Towing Service
C
C
C
Storage
Yard (*)
Transfer Station
C
P
P
P
Warehousing and
C
P
P
P
Distribution
MISCELLANEOUS USE TYPES
Amateur Radio Tower
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Aviation Facility,
C
C
C
Commercial (*)
Aviation Facility,
C
C
C
C
General (*)
Aviation Facility,
C
C
C
C
C
Private (*)
Communication
C
C
C
C
C
C
C
C
C
C
C
Tower (*)
Composting System, Confined
C
Vegetative
Waste or Yard (*)
Hunt Club
P
IC
Parking Facility,
C
C
C
C
C
C
C
Surface/Structure
Reconstructed
P
C
C
C
C
C
C
C
C
C
C
C
P
C
C
P
Wetland (*)
27
Sec. 4-2002. Permitted uses
D. Commercial uses:
* Commercial equipment repair, accessory to dwelling
* Construction office, temporary Lawn and garden services
Real estate office, temporary
* Short -Term Rental
* Taxidermy
Veterinary hospital/clinic
E. Miscellaneous uses:
* Amateur radio tower Hunt club
* Reconstructed wetland
* Turkey shoot
Sec. 4-3002. - Permitted uses
D. Commercial uses:
* Construction office, temporary Real estate office temporary
* Short -Term Rental Sec. 4-4002. — Permitted uses
D. Commercial uses:
* Bed and breakfast
* Commercial equipment repair, accessory to dwelling
* Construction office, temporary Event center
General store, country
Real estate office, temporary
*Short Term Rental Sec. 4-5002. — Permitted uses
D. Commercial uses:
Construction office, temporary Real estate office, temporary
* Short -Term Rental Sec. 4-6002. — Permitted uses
28
D. Commercial uses:
* Construction office, temporary Real estate office, temporary
* Short -Term Rental Sec. 4-7002. — Permitted uses
D. Commercial uses:
* Construction office, temporary Real estate office, temporary
* Short -Term Rental
Sec. 4-8002. - Permitted uses
E. Commercial uses:
* Construction office, temporary Real estate office, temporary
* Short -Term Rental Veterinary hospital/clinic
Sec. 4-15002. — Permitted uses
D. Commercial uses:
* Construction office, temporary
* Golf course
Real estate office, temporary
* Short -Term Rental Sec. 4-16002. — Permitted uses
D. Commercial Uses
* Construction office, temporary Real estate office, temporary
* Short -Term Rental Sec. 4-18002. - Permitted uses
E. Commercial uses:
* Antique shop Business support service
* Construction office, temporary Event center
Garden center
* Golf course Itinerant merchant
* Micro -brewery, distillery, cidery
* Motor vehicle parts/supply, retail Peddler
Personal improvement service Personal service
Real estate office, temporary
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* Restaurant, drive-in fast food Restaurant, general
Retail sales
• Short -Term Rental Studio, fine arts Veterinary hospital/clinic
Wholesale sales
Article V. - Supplementary Use Regulations.
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. 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.
Sec. 5-5005. - Supplementary use regulations for commercial use types.
DD. Short Term Rentals
1. A zoning permit is required. A zoning permit shall not be issued for a short
term rental 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 short term rental and informing them that the permit may be issued if
written comments are not received within thirty (30) days.
b. 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.
C. 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 short term rental
otherwise complies with the zoning ordinance and the requirements for sewage
disposal, the zoning administrator may issue a zoning permit for the short term
rental.
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d. 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 short term rental is approved by
the board of supervisors with a recommendation by the planning commission.
2. An authorized agent must be designated as a point of contact who is available
to be contacted and to address conditions occurring at the short term rental within
thirty
(30) minutes. Physical responses to the site of the short term rental is not required.
The Operator shall be notified in writing of failed attempts to receive timely
responses from the authorized agent. Failure to respond in a timely manner shall
result in a complaint subject to the penalties set forth below.
3. The Operator must register their short term rental unit with the Community
Development Department and receive a registration number.
4. The Operator authorizes County employees to enter the subject property upon
reasonable advanced written notice to the Operator, at least one (1) time during the
calendar year for which registration is valid, to verify the short term rental is being
operated in accordance with applicable regulations.
5. The zoning permit may not be transferred.
6. No more than one (1) short term rental may be operated on any lot.
7. Operators may enter into rental agreements with only one (1) party per legal
dwelling unit per twenty four (24) hour period.
8. A residential dwelling unit located within a building that contains three (3) or
more dwelling units may not be operated as a short term rental.
9. The maximum number of lodgers per night, over the age of eighteen (18)
years, shall not exceed two persons per bedroom but in no case shall exceed sixteen
persons six
(6). This number shall be reduced to conform to the occupancy requirements of the
Virginia uniform Building code and/or the Virginia Department of Health.
10. The number of persons allowed to gather at a short term rental at any one time
shall not exceed twice the maximum number of permitted overnight guests,
including children. Only the maximum number of overnight guests shall be
permitted at a short term rental between the hours of 10:00 PM and 7:00 AM. Short
term rentals shall not be used as event centers as defined by the Zoning Ordinance.
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11. Operators must obtain a business license and register for transient occupancy
and state sales tax.
12. Short term rentals must meet current building and zoning regulations and be
subject to a safety inspection from the County to confirm the installation of smoke
alarms, fire extinguisher and a posted emergency exit plan prior to permit approval.
13. One off-street space per guest room is required in addition to the parking
required for the house.
14. No visible evidence of the conduct of a short term rental is allowed on the
outside of the property.
15. The owner/operator shall not prepare meals for guests.
16. Operator shall provide proof of liability insurance to rental activity at
registration and each subsequent renewal of at least one million dollars. Such
insurance coverage must remain in place at all times the short term rental is being
operated.
17. Accessory structures, not including permitted accessory dwelling units, shall
not be used or occupied as short term rentals.
18. All advertisements for any short term rental shall include the short term rental
registration number for such dwelling.
19. A zoning permit for a short term rental may be revoked by the Zoning
Administrator, or designee, for the following reasons:
i. In the event of three (3) or more substantiated complaints of violation of
applicable state or local laws, ordinances and regulations, as they relate to short term
rentals, within a calendar year; or
ii. Authorized agent's failure to respond in a timely manner more than twice; or
iii. Failure to maintain compliance with any regulation set forth in this section.
An Operator whose short term rental zoning permit has been revoked shall not be
eligible to receive any new short term rental zoning permit for the remaining
portion of the calendar year in which the permit was revoked, and for the entire
following year.
20. Except as provided in this section, nothing herein nor the issuance of a zoning
permit shall be construed to prohibit, limit, or otherwise supersede existing local
authority to regulate short term rental of property through general land use and
zoning authority. Nothing in this section shall be construed to supersede or limit
contracts or agreements between or among individuals or private entities related to
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the use of real property, including recorded declarations and covenants; the
provisions of condominium instruments of a condominium created pursuant to the
Condominium Act (§ 55-79.39 et seq.) of the Code of Virginia, 1950, as amended;
the declaration of a common interest community as defined in Code of Virginia,
1950, § 55-528, as amended; the cooperative instruments of a cooperative created
pursuant to the Virginia Real Estate Cooperative Act (§ 55-424 et seq.) of the Code
of Virginia, 1950, as amended; or any declaration of a property owners' association
created pursuant to the Property Owners' Association Act (§ 55-508 et seq.).
The motion passed by a vote of (4-1) with Supervisors Acree, Jefferson, Rosie and
Grice voting in favor of the motion and Supervisor McCarty voting against the
motion.
Vice -Chairman Acree requested a briefing from staff in six months on any issues or
concerns with the Ordinance amendments.
Chairman McCarty called for consideration of an Ordinance to Amend and Reenact
Chapter 10, Licenses, Short Term Rental Registry of the Isle of Wight County Code
County Attorney Jones advised that the proposed ordinance provides that anyone
operating a short-term rental is required to register the short-term rental with the
County with the purpose of creating a registry with an annual fee of $35.
Vice -Chairman Acree moved that the following Ordinance be adopted:
AN ORDINANCE TO ATVIEND AND REENACT THE ISLE OF WIGHT
COUNTY CODE BY BY ENACTING CHAPTER 10. LICENSES,
ARTICLE II, DIVISION 10, SHORT TERM RENTAL REGISTRY
WI -AREAS, the Board of Supervisors of Isle of Wight County, Virginia, has
deemed it necessary and appropriate to update its current ordinances in order
to more clearly set forth local ordinances for the benefit of the public, in order
to accurately reflect current practices, to correct inaccuracies, and to conform
to those provisions set forth in the Code of Virginia (1950, as amended); and
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WHEREAS, the Board of Supervisors deems such a revision necessary as a
means to protect the health and welfare of the citizens of Isle of Wight County,
Virginia; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight
County Board of Supervisors, Virginia, that Chapter 10. Licenses of the Isle of
Wight County Code be amended and reenacted as follows: Chapter 10. -
Licenses Article II. — License Tax Schedule. Division 9. — Short Term Rental
Registry. Sec. 10-40 - Definitions. The following definitions apply to this
article unless the context requires a different meaning: "Operator" means the
proprietor of any dwelling, lodging, or sleeping accommodations offered as a
short-term rental, whether in the capacity of owner, lessee, sublessee,
mortgagee in possession, license, or any other possessory capacity. Page 2 of
3 "Short-term rental" means the provision of a room or space that is suitable or
intended for occupancy for dwelling, sleeping, or lodging purposes, for a
period of fewer than 30 consecutive days, in exchange for a charge for the
occupancy. Sec. 10-41 - Registry. There is hereby established a registry for
short term residential rentals. Upon offering any short term rental, all operators
shall register with the County's Department of Community Development
annually. This registration shall be ministerial in nature and shall require the
Operator to provide the complete name of the operator and the address of each
property in the county offered for short-term rental by the Operator. Sec. 10-
42 - Other requirements. Operators must obtain a business license and register
for transient occupancy and state sales tax. Sec. 10-43 - Annual Fee. A fee of
$ shall be charged for each registration for the purpose of defraying the
costs of establishing and maintaining the registry set forth herein, Sec. 10-44 -
Registry exemptions. Registration is not required if the Operator or shortterm
rental is exempted from registration pursuant to Code of Virginia § 15.2-
983(B)(2). Sec. 10-45 - Penalties. Failure to register a property within 30 days
of being offered for rental shall result in a penalty to be paid by the Operator
in the amount of $500.00 per violation. Each day a property is offered for rental
that is not registered in accordance with this section is a separate violation.
Unless and until such time as the Operator pays the penalty and registers such
property, the Operator may not offer such property for rental. Upon repeated
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violation of the registration requirement as it relates to a specific property, and
upon notice, the Operator shall be prohibited from registering that property and
from offering that property for short term rental. Sec. 10-46 - Non -
contravention. Except as provided in this section, nothing herein nor the
issuance of a registration shall be construed to prohibit, limit, or otherwise
supersede existing local authority to regulate short term rental of property
through general land use and zoning authority. Nothing in this section shall be
construed to supersede or limit contracts or agreements between or among
individuals or private entities related to the use of real property, including
recorded declarations and covenants; the provisions of condominium
instruments of a condominium created Page 3 of 3 pursuant to the
Condominium Act (§ 55-79.39 et seq.) of the Code of Virginia, 1950, as
amended; the declaration of a common interest community as defined in Code
of Virginia, 1950, § 55-528, as amended; the cooperative instruments of a
cooperative created pursuant to the Virginia Real Estate Cooperative Act (§
55-424 et seq.) of the Code of Virginia, 1950, as amended; or any declaration
of a property owners' association created pursuant to the Property Owners'
Association Act (§ 55-508 et seq.).
Application of Carver Solar I, LLC to Increase the Nameplate Electrical power
Generation Capacity of the Proposed Carver Solar Energy Generation Facility from
71 MW to 91 MW
Ms. Ring provided background information on the application and noted that the
applicant wants a change in its megawatts from 71 mg to 91 mg.
County Attorney Jones recommended the Board waive the public hearing
requirement before the Planning Commission because the use or density is not being
affected.
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Supervisor Jefferson moved that the public hearing requirement be waived. The
motion passed (3-2) with Supervisors McCarty, Jefferson and Grice voting in favor
of the motion and Supervisors Acree and Rosie voting against the motion.
Regarding the Siting Agreement for the Carver Solar Energy Generation
Project, Mike Volpe on behalf of Carver Solar, confirmed that no changes are
proposed other than with the megawatt power.
Supervisor Jefferson moved that the Siting Agreement be approved. The motion
passed by a vote of (4-1) with Supervisors McCarty, Jefferson and Grice voting in
favor of the motion and Supervisor Acree and Rosie voting against the motion.
NEW BUSINESS
Requiring septic pump -out requirements, Vice -Chairman moved to authorize staff
to include this matter in the County's legislative items. The motion passed by
unanimous vote (5-0) with Supervisors McCarty, Acree, Jefferson, Rosie and Grice
voting in favor of the motion and no Supervisor voting against the motion.
At the request of Supervisor Jefferson, staff were requested to provide an update at
the Board's January 16, 2024 meeting on the Henry H. Bradby Memorial Park; the
Rushmere Volunteer Fire Department; and Tyler's Beach Boat Harbor. Vice -
Chairman Acree requested an update on the Carrollton Volunteer Fire Department.
As a follow up to Brian Hill's inquiry at the Board's November 16, 2023 meeting
concerning Personal Property tax exemptions for two vehicles, County
Administrator Keaton advised that the County offers one exemption as required by
the State.
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ADJOURNMENT
At 10:30 p.m., the meeting was declared adjourned.
Carey Mills Storm, Clerk
William M. Mc rty, Sr., Chairman
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