November 20th, 2014 Full AgendaA Community of Choice, Committed to Excellence
Agenda
Board of Supervisors
Isle of Wight County
November 20, 2014
1. Call to Order (5:00 p.m.)
2. Closed Meeting
3. Invocation – The Honorable Rudolph Jefferson/Pledge of
Allegiance (6:00 p.m.)
4. Approval of Agenda
5. Consent Agenda
A. Resolution to Accept a Donated Boat from New Kent County for
Sheriff's Office
B. Motion - Approve Resolutions for Submission of VDOT
Revenue Sharing Applications
C. Resolution - Approve Submission of Transportation Alternatives
Program (TAP) Funding Application to VDOT for Nike Park
Trail Project ($2,480,000 Federal/$620,000 Local)
D. Motion - Refer Request for a Change in Zoning Classification to
Create Three (3) Lots for Single Family Residential (Seward)
Back to the Planning Commission
A Community of Choice, Committed to Excellence
E. April 10, 2014 Special Meeting Minutes
F. May 15, 2014 Regular Meeting Minutes
G. June 19, 2014 Regular Meeting Minutes
H. July 17, 2014 Regular Meeting Minutes
I. August 21, 2014 Regular Meeting Minutes
6. Regional Reports
7. Appointments
8. Special Presentation/Appearances
A. Audit CAFR Report
B. Animal Control Adoption Program
9. Citizens’ Comments
10. Public Hearings
A. Motion – Amend and Reenact Chapter 2, Section 2-7, Disclosure
of Personal Interests
B. Motion - Approve Waiver Request of Quible & Associates, P.C.
on Behalf of WEDG Holdings, LLC, for Dunkin Donuts
A Community of Choice, Committed to Excellence
11. County Attorney Report
A. Staff Report - Draft Ordinance Board of Supervisors’ Bylaws &
Rules of Procedure
B. Staff Report - Tethering/Running at Large
C. Staff Report - Public Notices
12. County Administrator’s Report
A. Staff Report - Quarterly Financial Report - Month End of
September
B. Staff Report – Town of Windsor Request for Funds for
Renovation of the Old Windsor Middle School Gymnasium
C. Resolution - Amendment to Chapter 1, Personnel, Articles IV,
VI, and IX the County Policy Manual Concerning Worker's
Compensation and Separations
D. Resolution - Amendment to the FY 15 Compensation and
Classification Plan
E. Resolution – Intent to Transfer the Administration of the Section
8 Housing Voucher Program Effective June 30, 2015
13. Unfinished/Old Business
14. New Business
15. Informational Items
A Community of Choice, Committed to Excellence
A. FYI - Treasurer Delinquent Accounts and Cash Flow Report
B. FYI - Fire and Rescue Activity Report
C. FYI - Sheriff's Monthly Activity Report
D. FYI - IT Website Statistics
E. FYI - Isle 2040 Action Plan
F. FYI - Holiday Luncheon
G. FYI - General Services Project Savings Update
H. FYI - Economic Development Update - Local Businesses
Receive Enterprise Zone Grants
I. FYI - CIP Calendar
J. FYI - GFOA Distinguished Budget Presentation Award
K. FYI - Life Safety Awards
L. FYI - Isle of Wight Volunteer Rescue Squad Construction
Update
M. FYI - Meetings with Legislators
16. Adjournment
ISSUE:
Resolution – Accept Donated Boat from New County for the Sheriff’s
Office
BACKGROUND:
The New Kent County Sheriff’s Office wishes to donate to the Isle of
Wight County Sheriff’s Office a 1996 Boston Whaler vessel and Boat
Master Trailer. This vessel and trailer are currently owned by New Kent
County Sheriff’s Office. The vessel and trailer will be utilized by the
Sheriff’s Office for their marine patrol/ safety unit.
BUDGETARY IMPACT:
There is no budget impact for the purchase of the vessel and trailer.
Maintenance costs for the boat will be paid using the existing operating
budget and asset forfeiture funds.
RECOMMENDATION:
Adopt a resolution to accept the 1996 Boston Whaler and Boat Master
trailer for use by the Sheriff’s Office.
ATTACHMENT:
Resolution
RESOLUTION TO ACCEPT DONATED 1996 BOSTON WHALER
VESSEL AND BOAT MASTER TRAILER FROM NEW KENT
COUNTY
WHEREAS, the New Kent County Sheriff’s Office desires to donate a
1996 Boston Whaler vessel and Boat Master trailer to the Isle of Wight County
Sheriff’s Office; and,
WHEREAS, the Board of Supervisors of Isle of Wight County hereby
accepts the gift of a 1996 Boston Whaler vessel and Boat Master trailer.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that the donated
1996 Boston Whaler vessel and Boat Master trailer be accepted for use by the
Isle of Wight County Sheriff’s Office.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight is authorized to do all things necessary to give this
resolution effect.
Adopted this 16th day of October, 2014.
Byron B. Bailey, Chairman
________________________
Carey Mills Storm, Clerk
Approved as to form:
__________________________________
Mark Popovich, County Attorney
November 20, 2014/jlo/FY 2016 Revenue Sharing Grant Applications
ISSUE:
Motion – Approve Resolutions for Submission of VDOT Revenue
Sharing Applications
BACKGROUND:
The County submitted seven (7) FY 2016 VDOT Revenue Sharing grant
applications in October 2014. As part of the application process, the
Board is required to express its support of the applications by resolution.
Notification of awards is anticipated between March-June 2015.
Revenue Sharing is a 50/50 cost-share grant program, which can be
utilized to fund new construction, reconstruction, and maintenance
projects on public roadways. Should the applications be approved, the
County will be responsible to fully fund each approved project and will
be reimbursed up to 50% of eligible project expenses on a rolling basis,
approximately every 45 days.
A separate action by the Board of Supervisors will be required to accept
any approved grant funds at a later time.
The County has submitted grant applications as follows:
Project Name Description State Funded County Match Total
Project Cost (50%) (50%)
Nike Park Trail Construction/Pedestrian
Bridge $ 1,550,000 $ 1,550,000 $ 3,100,000
Smiths Neck Rd Road Widening $ 2,687,000 $ 2,687,000 $ 5,374,000
Tings Rd Rural Rustics - Paving $ 500,000 $ 500,000 $ 1,000,000
Gayle Way Rural Additions - Paving $ 170,000 $ 170,000 $ 340,000
Sandy Point Ln Rural Additions - Paving $ 160,000 $ 160,000 $ 320,000
Meadow Dr Rural Additions - Paving $ 225,000 $ 225,000 $ 450,000
Mokete Trail Rural Additions - Paving $ 100,000 $ 100,000 $ 200,000
Total $ 5,392,000 $ 5,392,000 $ 10,784,000
November 20, 2014/jlo/FY 2016 Revenue Sharing Grant Applications
RECOMMENDATIONS:
Adopt resolutions of support for the seven (7) FY 2016 Revenue Sharing
applications, as detailed above.
ATTACHMENTS:
- Resolution of Support, Nike Park Trail
- Resolution of Support, Smith's Neck Road
- Resolution of Support, Ting's Road
- Resolution of Support, Gayle Way
- Resolution of Support, Sandy Point Lane
- Resolution of Support, Mokete Trail
- Resolution of Support, Meadow Drive
- Revenue Sharing Applications
November 20,2014/jlo/Nike Park Trail--Resolution
RESOLUTION TO SUPPORT APPLICATION FOR REVENUE SHARING
FUNDS FROM VIRGINIA DEPARTMENT OF TRANSPORTATION FOR
CONSTRUCTION OF NIKE PARK TRIAL (UPC 101794)
WHEREAS, the Isle of Wight County Board of Supervisors desires to submit
an application for an allocation of funds of up to one million five hundred and fifty
thousand dollars ($1,550,000.00) through the Virginia Department of Transportation
Fiscal Year 2016 Revenue Sharing Program; and,
WHEREAS, One million five hundred and fifty thousand dollars
($1,550,000.00) of these funds are requested to fund the construction of 0.35 miles
of the approaches and crossing of the Jones Creek Bridge on Nike Park Trail
Segment 2 (UPC 101794).
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Isle of Wight County, Virginia, that the County hereby supports this application for
an allocation of one million five hundred and fifty thousand dollars ($1,550,000.00)
through the Virginia Department of Transportation Revenue Sharing Program.
BE IT FURTHER RESOLVED that the County Administrator of Isle of
Wight County, Virginia is authorized to execute all Program documents and make
such accounting adjustments and execute such agreements and contracts as
necessary to give this resolution effect.
BE IT FURTHER RESOLVED that the County Administrator is hereby
authorized to proceed with completing the construction for said project in
accordance with the Virginia Public Procurement Act and County policy, and is
authorized to execute any and all necessary contracts, change orders, work orders,
and agreements to complete said project, upon review and approval of the County
Attorney.
Adopted this 20th day of November 2014.
Byron B. Bailey, Chairman
Carey Mills Storm, Clerk
Approved as to Form:
______________________________
Mark C. Popovich, County Attorney
November 20,2014/jlo/Smith’s Neck Rd--Resolution
RESOLUTION TO SUPPORT APPLICATION FOR REVENUE SHARING
FUNDS FROM VIRGINIA DEPARTMENT OF TRANSPORTATION FOR
ENGINEERING AND CONSTRUCTION OF IMPROVEMENTS TO
SMITHS NECK ROAD (ROUTE 669) IN CARROLLTON, VIRGINIA
WHEREAS, the Isle of Wight County Board of Supervisors desires to submit
an application for an allocation of funds of up to two million six hundred eighty-
seven thousand dollars ($2,687,000.00) through the Virginia Department of
Transportation Fiscal Year 2016 Revenue Sharing Program; and
WHEREAS, two million six hundred eighty-seven thousand dollars
($2,687,000.00) of these funds are requested to fund engineering, right-of-way
acquisition, utility relocations, and construction of roadway improvements to
Smith’s Neck Road (Route 669);
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Isle of Wight County, Virginia, that the County hereby supports this application for
an allocation of two million six hundred eighty-seven thousand dollars
($2,687,000.00) through the Virginia Department of Transportation Revenue
Sharing Program.
BE IT FURTHER RESOLVED that the County Administrator of Isle of
Wight County, Virginia is authorized to execute all Program documents and make
such accounting adjustments and execute such agreements and contracts as
necessary to give this resolution effect, including acceptance and appropriation of
any approved revenue sharing project funds.
Adopted this 20th day of November 2014.
Byron B. Bailey, Chairman
Carey Mills Storm, Clerk
Approved as to Form:
______________________________
Mark C. Popovich, County Attorney
November 20,2014/jlo/Tings Rd--Resolution
RESOLUTION TO SUPPORT APPLICATION FOR REVENUE SHARING
FUNDS FROM VIRGINIA DEPARTMENT OF TRANSPORTATION FOR
PAVING TINGS ROAD (ROUTE 647)
WHEREAS, the Isle of Wight County Board of Supervisors desires to submit
an application for an allocation of funds of up to five hundred thousand dollars
($500,000.00) through the Virginia Department of Transportation Fiscal Year 2016
Revenue Sharing Program; and,
WHEREAS, five hundred thousand dollars ($500,000.00) of these funds are
requested to fund paving 2.10 miles of Ting’s Road from the intersection of Route
647 (Tings Road) and Route 637 (Central Hill Road) to the intersection of Route
647 (Tings Road) and Route 620 (Foursquare Road) under the Rural Rustic Paving
Program guidelines.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Isle of Wight County, Virginia, that the County hereby supports this application for
an allocation of five hundred thousand dollars ($500,000.00) through the Virginia
Department of Transportation Revenue Sharing Program.
BE IT FURTHER RESOLVED that the County Administrator of Isle of
Wight County, Virginia is authorized to execute all Program documents and make
such accounting adjustments and execute such agreements and contracts as
necessary to give this resolution effect, including acceptance and appropriation of
any approved revenue sharing project funds.
Adopted this 20th day of November 2014.
Byron B. Bailey, Chairman
Carey Mills Storm, Clerk
Approved as to Form:
______________________________
Mark C. Popovich, County Attorney
November 20,2014/jlo/Gayle Way--Resolution
RESOLUTION TO SUPPORT APPLICATION FOR REVENUE SHARING
FUNDS FROM VIRGINIA DEPARTMENT OF TRANSPORTATION FOR
IMPROVING GAYLE WAY (ROUTE 693)
WHEREAS, the Isle of Wight County Board of Supervisors desires to submit
an application for an allocation of funds of up to one hundred seventy thousand
dollars ($170,000.00) through the Virginia Department of Transportation Fiscal
Year 2016 Revenue Sharing Program; and,
WHEREAS, one hundred seventy thousand dollars ($170,000.00) of these
funds are requested to fund improvements under the Rural Additions program,
including widening, installing new ditches, and paving to bring the remaining 0.40
miles of Gayle Way into the State Secondary Road System.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Isle of Wight County, Virginia, that the County hereby supports this application for
an allocation of one hundred seventy thousand dollars ($170,000.00) through the
Virginia Department of Transportation Revenue Sharing Program.
BE IT FURTHER RESOLVED that the County Administrator of Isle of
Wight County, Virginia is authorized to execute all Program documents and make
such accounting adjustments and execute such agreements and contracts as
necessary to give this resolution effect, including acceptance and appropriation of
any approved revenue sharing project funds.
Adopted this 20th day of November 2014.
Byron B. Bailey, Chairman
Carey Mills Storm, Clerk
Approved as to Form:
______________________________
Mark C. Popovich, County Attorney
November 20,2014/jlo/Sandy Point Lane--Resolution
RESOLUTION TO SUPPORT APPLICATION FOR REVENUE SHARING
FUNDS FROM VIRGINIA DEPARTMENT OF TRANSPORTATION FOR
IMPROVING SANDY POINT LANE (ROUTE 603)
WHEREAS, the Isle of Wight County Board of Supervisors desires to submit
an application for an allocation of funds of up to one hundred sixty thousand dollars
($160,000.00) through the Virginia Department of Transportation Fiscal Year 2016
Revenue Sharing Program; and,
WHEREAS, one hundred sixty thousand dollars ($160,000.00) of these funds
are requested to fund improvements under the Rural Additions program, including
widening, installing new ditches, and paving to bring the remaining 0.35 miles of
Sandy Point Lane into the State Secondary Road System.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Isle of Wight County, Virginia, that the County hereby supports this application for
an allocation of one hundred sixty thousand dollars ($160,000.00) through the
Virginia Department of Transportation Revenue Sharing Program.
BE IT FURTHER RESOLVED that the County Administrator of Isle of
Wight County, Virginia is authorized to execute all Program documents and make
such accounting adjustments and execute such agreements and contracts as
necessary to give this resolution effect, including acceptance and appropriation of
any approved revenue sharing project funds.
Adopted this 20th day of November 2014.
Byron B. Bailey, Chairman
Carey Mills Storm, Clerk
Approved as to Form:
______________________________
Mark C. Popovich, County Attorney
November 20,2014/jlo/Mokete Trail--Resolution
RESOLUTION TO SUPPORT APPLICATION FOR REVENUE SHARING
FUNDS FROM VIRGINIA DEPARTMENT OF TRANSPORTATION FOR
IMPROVING MOKETE TRAIL
WHEREAS, the Isle of Wight County Board of Supervisors desires to submit
an application for an allocation of funds of up to one hundred thousand dollars
($100,000.00) through the Virginia Department of Transportation Fiscal Year 2016
Revenue Sharing Program; and,
WHEREAS, one hundred thousand dollars ($100,000.00) of these funds are
requested to fund improvements under the Rural Additions program, including
widening, installing new ditches, and paving to bring 0.50 miles of Mokete Trail into
the State Secondary Road System.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Isle of Wight County, Virginia, that the County hereby supports this application for
an allocation of one hundred thousand dollars ($100,000.00) through the Virginia
Department of Transportation Revenue Sharing Program.
BE IT FURTHER RESOLVED that the County Administrator of Isle of
Wight County, Virginia is authorized to execute all Program documents and make
such accounting adjustments and execute such agreements and contracts as
necessary to give this resolution effect, including acceptance and appropriation of
any approved revenue sharing project funds.
Adopted this 20th day of November 2014.
Byron B. Bailey, Chairman
Carey Mills Storm, Clerk
Approved as to Form:
______________________________
Mark C. Popovich, County Attorney
November 20,2014/jlo/Meadow Dr--Resolution
RESOLUTION TO SUPPORT APPLICATION FOR REVENUE SHARING
FUNDS FROM VIRGINIA DEPARTMENT OF TRANSPORTATION FOR
IMPROVING MEADOW DRIVE
WHEREAS, the Isle of Wight County Board of Supervisors desires to submit
an application for an allocation of funds of up to two hundred twenty-five thousand
dollars ($225,000.00) through the Virginia Department of Transportation Fiscal
Year 2016 Revenue Sharing Program; and,
WHEREAS, two hundred twenty-five thousand dollars ($225,000.00) of
these funds are requested to fund improvements under the Rural Additions program,
including widening, installing new ditches, and paving to bring 0.60 miles of
Meadow Drive into the State Secondary Road System.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Isle of Wight County, Virginia, that the County hereby supports this application for
an allocation of two hundred twenty-five thousand dollars ($225,000.00) through the
Virginia Department of Transportation Revenue Sharing Program.
BE IT FURTHER RESOLVED that the County Administrator of Isle of
Wight County, Virginia is authorized to execute all Program documents and make
such accounting adjustments and execute such agreements and contracts as
necessary to give this resolution effect, including acceptance and appropriation of
any approved revenue sharing project funds.
Adopted this 20th day of November 2014.
Byron B. Bailey, Chairman
Carey Mills Storm, Clerk
Approved as to Form:
______________________________
Mark C. Popovich, County Attorney
November 20, 2014/jlo/FY 2016 TAP Grant Application
ISSUE:
Resolution – Approve Submission of Transportation Alternatives
Program (TAP) Funding Application to VDOT for Nike Park Trail
Project ($2,500,000 Federal/$620,000 Local)
BACKGROUND:
The County has previously received three (3) Transportation
Enhancements/Alternatives grants for design and construction of the
Nike Park Trail. County staff is proposing an application amount not to
exceed $2,500,000.00 that would obligate the County for a maximum of
$600,000 (or 20%) in matching funds. This amount would be enough to
complete construction of Segment 2b, which is the Jones Creek Bridge
crossing on Nike Park Road. This award would complete all funding
necessary for construction of Segments 1 and 2.
RECOMMENDATION:
Approve a resolution to support development of the Nike Park Trail and
authorize staff to apply for a Transportation Alternatives Program grant
not to exceed $2,500,000.00.
A separate action by the Board of Supervisors will be required to accept
any approved grant funds at a later time.
ATTACHMENTS:
- Resolution
- TAP Grant Application
RESOLUTION TO ENDORSE THE PARK TO PARK TRAIL
PROJECT AND AUTHORIZE SUBMISSION OF A
TRANSPORTATION ALTERNATIVES GRANT APPLICATION
WHEREAS, Isle of Wight County has an established Transportation
Enhancements project for construction of the Park to Park Trail (previously
referenced as the Nike Park Trail, UPC 91219/101793/101794); and,
WHEREAS, the Board of Supervisors of Isle of Wight County support
the trail construction project as a vital component of providing a safe, healthy,
and enjoyable quality of life for all County residents and visitors; and,
WHEREAS, utilization of grant funds provides exponential value to the
use of public funds for such projects.
NOW THEREFORE BE IT RESOLVED that the Isle of Wight
County Board of Supervisors does hereby support and endorse the design and
construction of the Park to Park Trail, approximately 4 miles of multi-use path
between Windsor Castle Park and Nike Park in the Smithfield and Windsor
Districts.
BE IT FURTHER RESOLVED that the County of Isle of Wight will
be responsible for maintenance, upkeep and operating costs of said Trail.
BE IT FURTHER RESOLVED that if the County of Isle of Wight
subsequently elects to cancel this project, the County of Isle of Wight hereby
agrees to reimburse VDOT for the total amount of costs expended by VDOT
through the date that VDOT is notified of such cancellation. The County of
Isle of Wight also agrees to repay any funds previously reimbursed that are
later deemed ineligible by the Federal Highway Administration.
BE IT FURTHER RESOLVED, that the Isle of Wight County Board
of Supervisors does hereby authorize staff to submit a FY2016 Transportation
Alternatives Program (TAP) grant application for construction of a portion of
said Trail, not to exceed two million five hundred thousand dollars
($2,500,000.00) and agrees to provide a minimum twenty percent (20%) as
matching funds to the grant total.
Adopted this 20th day of November 2014.
Byron Bailey, Chairman
______________________________
Carey Mills Storm, Clerk
Approved as to form:
__________________________________
Mark A. Popovich, County Attorney
November 20, 2014 / SWR / Seward Rezoning Application
APPLICATION:
Motion to Refer Request for a Change in Zoning Classification to
Create Three (3) Lots for Single Family Residential (Seward) Back
to the Planning Commission
BACKGROUND:
This matter was considered by the Planning Commission on
October 28, 2014 and recommended for approval of the waiver
request and of the rezoning application (9-1); however, an issue was
raised by the member voting in opposition as to the necessity of
accepting the full cash proffer based upon the recently adopted
proffer policy. Because this is the first application for a minor
rezoning being considered under the amended proffer policy, staff
recommends that this application be returned to the Commission to
be fully vetted to allow reconsideration of the cash proffer.
RECOMMENDATION:
Staff recommends that this application be returned to the Planning
Commission for further consideration.
ATTACHMENTS:
- Staff report from the October 28, 2014 Planning Commission
meeting
- Application
- Site maps
Planning Commission meeting of October 28, 2014
Swr
Rezoning application of Seward
PLANNING REPORT
APPLICATION:
The application of Jeffrey A. Seward and Melanie D. Seward for a change in
zoning classification from Rural Agricultural Conservation (RAC) to
Conditional-Rural Residential (C-RR) of 71.55 acres of land located on the east
and west sides of Jones Town Drive (Rt. 637) in the Carrsville Election
District. The purpose of the application is to create a total of three (3) lots for
single family residential use. Tax Map Number 17-01-021
ELECTION DISTRICT:
Carrsville
LOCATION:
The property is located on the east of west sides of Jones Town Drive (Rt. 637),
south of the intersection of Mill Swamp Road (Rt. 621).
BACKGROUND:
The property, which is vacant, contains approximately one hundred sixty (160)
acres of land, comprised of agricultural, forest and swamp land. The application
request is for the creation of no more than three (3) single-family rural-
residential lots which leaves the residue of approximately eighty-eight (88)
acres of land. The owner has chosen the sliding scale option for development
under the Rural Residential (RR) District. This is three (3) of four (4)
residential lots allowed to be created under that option.
DESCRIPTION:
The purpose of the application is to rezone three (3) lots to be subdivided off
the farm. A waiver has been requested to Section 4-3004 of the Zoning
Ordinance to allow the lots to contain more than ten (10) acres of land. The
applicant has offered a voluntary cash proffer in the full amount of $13,358 for
each of the three (3) lots being created to be paid on or before the time the
certificate of occupancy is issued for the single family residence on each new
lot.
Planning Commission meeting of October 28, 2014
Swr
Rezoning application of Seward
Surrounding properties include agricultural and scattered single family
residential uses.
ORDINANCE REQUIREMENTS:
Zoning and Subdivision – The two (2) proposed lots on the east side of Jones
Town Drive front on a proposed ingress/egress easement to Jones Town Drive
and the lot on the west side of Jones Town Drive fronts on Jones Town Drive.
The required lot area in the Rural Residential (RR) zone is a minimum of
40,000 square feet. The minimum lot frontage is 120 feet with 150 feet of lot
width at the front setback line. The proposed lots, as shown on the attached
zoning exhibit, meet the minimum requirements of the RR zoning district,
provided a waiver to Section 4-3004 is approved to allow all lots to contain
over ten (10) acres of land.
A subdivision plat is required to be approved pending rezoning approval.
Chesapeake Bay Preservation Area Ordinance - The proposed lots are
located outside of the Chesapeake Bay Preservation Area.
Flood Plain Management District – Proposed lot 1 and 2 contain a special
flood hazard zone, however, that does not affect the buildable area on either lot.
COMPREHENSIVE PLAN:
The subject property is located in the Rural/Agriculture Conservation District
as designated in the Comprehensive Plan. This district is intended to maintain
and conserve rural character and farmlands. This area is intended to provide for
a full range of agricultural and farming activities and related uses along with
some low-density residential development.
AGENCY COMMENTS:
The application has been reviewed by the Virginia Department of
Transportation (VDOT) and comments provide for the proposed plat of
subdivision to provide a ten (10) foot dedication on both sides of Route 637 to
bring the thirty (30) foot existing secondary road right-of-way width to fifty
Planning Commission meeting of October 28, 2014
Swr
Rezoning application of Seward
(50) feet as required by VDOT and the County for future road widening.
Additionally, the plat will be required to contain a note of disclaimer that the
two (2) lots not fronting the public road will be served by a private easement
and that it is not VDOT’s intent to accept the private easement into the state
secondary system of roadways, unless the property owners bring the road to
state standards prior to its acceptance into the system; and a note that any
entrance off the state road will require a land use permit prior to construction.
A proposed drainfield site has been identified on each lot by an Authorized On-
site Soil Evaluator (AOSE) and will be reviewed and approved by the Virginia
Department of Health at the time a subdivision plat is submitted for approval.
There are no outstanding issues that need to be addressed.
STAFF CONCLUSIONS:
Strengths: 1) The proposal is in accordance with County Ordinances and is
compatible with the existing land uses in the vicinity; 2) The proposal is within
the guidelines of the Comprehensive Land Use Plan; and 3) The applicant has
offered the full cash proffer for each lot to offset the cost each new lot will have
on the County’s services.
Weaknesses: 1) None determined at this time.
STAFF RECOMMENDATION:
Staff recommends approval of the requested waiver to Section 4-3004 of the
Zoning Ordinance and approval of the rezoning application.
ATTACHMENTS:
■Applicant information
■Site maps
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1
SPECIAL MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TENTH DAY OF APRIL IN THE YEAR
TWO THOUSAND AND FOURTEEN AT 10:00 A.M. IN THE ROBERT
C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY
COURTHOUSE
PRESENT: Byron B. Bailey, Chairman, Newport District
Rex W. Alphin, Vice-Chairman, Carrsville District
Delores C. Darden, Windsor District
Alan E. Casteen, Smithfield District
Rudolph Jefferson, Hardy District
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
At 10:00 a.m., the work session was called to order by Chairman
Bailey for the purpose of receiving an independent financial review of the
Fiscal Year 2015 Budget and potential for debt restructuring from Jimmy
Sanderson with Davenport & Company.
Mr. Sanderson advised that the County will incur a $3.9 million deficit
in FY2014 that will increase to $7.9 million in the FY2015 budget. He
briefed the Board regarding staff’s three (3) year plan which recommends a
$.12 increase in the real estate tax and draws $3.2 million from the Fund
Balance in the first year, $1.6 million in the second year and nothing in the
third year. He reviewed the County’s four (4) main financial policies and
best practices, its credit rating history and its existing debt profile. He
recommended that the County restructure its debt and certain bonds were
identified in order to achieve the best savings over the next few years. He
advised that the County needs to maintain its strong investment grade credit
ratings in FY2015 to 2018 and ensure that the County has some debt capacity
in the future. He advised that negative reactions from credit markets and
rating agencies are anticipated as a result of the County drawing down on its
Fund Balance and that concern has been expressed by the rating agencies
regarding a deficit in FY2014.
2
//
Frank A. Haltom, Director of General Services, briefed the Board
regarding cost saving objectives to be undertaken in FY2015 in response to
new proposed operating hours at the County’s convenience centers.
//
The Board took a five (5) minute break.
//
County Administrator Seward advised that a statistical digest of the
County’s previous years’ trends is being developed by staff for reference by
the Board during the next budget cycle. She advised the Board that the
County’s Ordinance approving the County’s budget will contain
authorization of lease financing of new and replacement equipment; the
rollover of encumbered funds up to $50 million; and, will require that all
funds appropriated for public schools which are unexpended at year end shall
revert back to the County; amends the language and various County codes;
contains a fee schedule for motor vehicles, EMS and ALS calls; water and
sewer adjustments; planning and zoning fee adjustments; Stormwater and
recommended fee adjustments for Stormwater permitting fees, adjustments to
parks and recreation fees and a recommendation by the Treasurer regarding a
three (3) year license for animals; and, will repeal the partial exemption of
solar energy and recycling equipment. She concluded with a timeline of the
deliberation process as outlined in a budget development calendar.
Supervisor Alphin requested the Board be provided with benchmark
figures for the Schools.
//
At 11:30 a.m., the meeting was adjourned by Chairman Bailey.
__________________________
Byron B. Bailey, Chairman
3
______________________
Carey Mills Storm, Clerk
1
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FIFTEENTH DAY OF MAY IN THE YEAR
TWO THOUSAND AND FOURTEEN AT 5:00 P.M. IN THE ROBERT C.
CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY
COURTHOUSE
PRESENT: Byron B. Bailey, Chairman, Newport District
Rex W. Alphin, Vice-Chairman, Carrsville District
Delores C. Darden, Windsor District
Alan E. Casteen, Smithfield District
Rudolph Jefferson, Hardy District
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
Chairman Bailey called the meeting to order at 5:00 p.m.
CLOSED MEETING
County Attorney Popovich requested the Board enter a closed meeting
to discuss specific public appointees to County Boards, Committees, or
Authorities pursuant to Section 2.2-3711(A)(1) of the Code of Virginia; under
Section 2.2-3711(A)(7) concerning three (3) specific cases of probable
litigation related to personnel actions; under Section 2.2-3711(A)(7)
concerning consultation with legal counsel regarding the provision of legal
advice regarding contractual matters with the County’s volunteer emergency
service organizations; under Section 2.2-3711(A)(5) concerning consultation
with legal counsel regarding the provision of legal advice regarding a proposed
partnership with the Town of Smithfield; under Section 2.2-3711(A)(1)
regarding the performance of three (3) specific public employees; and, under
Sections 2.2-3711(A)(3) and (A)(7) regarding consultation with legal counsel
regarding the provision of legal advice regarding the upcoming Smithfield
Intergovernmental Relations Committee meeting.
Supervisor Alphin moved that the Board enter the closed meeting for the
reasons stated by County Attorney Popovich. The motion was adopted by a
2
vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Alphin moved that the Board return to open session. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Casteen moved that the following Resolution be 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: Bailey, Darden, Jefferson, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
3
//
At 6:00 p.m., Chairman Bailey delivered the invocation.
//
The Pledge of Allegiance to the Flag was conducted.
//
APPROVAL OF AGENDA
Responsive to a request by County Attorney Popovich that a closed
meeting matter be added prior to the County Administrator’s report, Supervisor
Alphin moved that the agenda be approved as amended. The motion was
adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
Supervisor Casteen moved that the County Administrator be authorized
to execute the partnership agreement with the Town of Smithfield regarding
operations of the Isle of Wight Museum. The motion was adopted by a vote
of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting
in favor of the motion and no Supervisors voting against the motion.
//
CONSENT AGENDA
A. Resolution Celebrating 100th Years of the Virginia Cooperative
Extension
B. Resolution to Accept and Appropriate PEG Capital Fee Funds
C. Resolution to Accept and Appropriate Department of Criminal Justice
Services Byrne Justice Assistance Grant Funds for Law Enforcement
4
D. Resolution to Return Grant Funds for the Zuni Well Relocation Project
E. Resolution to Accept and Appropriate Funds to the Benns Church
Intersection Improvement Project
F. Resolution to Accept and Appropriate Funds from the Virginia
Department of Agriculture and Consumer Services for the Virginia
Cooperative Extension Plastic Pesticide Container Recycling Program
G. Resolution to Accept and Appropriate Funds from the Fiscal Year 2013
Emergency Management Performance Grant Program
H. Resolution to Elect/Recertify Member Contribution for Virginia
Retirement System
I. Resolution to Elect/Recertify Employer Contribution Rate for Virginia
Retirement System
J. Motion to Approve Tax Refund for John and Billie Jo Melting
K. Motion to Consent to Vacation of Norsworthy Plat Dated July 10, 2012
L. September 19, 2013 Regular Meeting Minutes
M. October 17, 2013 Regular Meeting Minutes
N. November 21, 2013 Regular Meeting Minutes
Supervisor Casteen moved that the Consent Agenda be adopted as
presented. The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
5
REGIONAL REPORTS
Supervisor Jefferson provided highlights of the Jail Authority’s most
recent meeting held on May 14, 2014.
Supervisor Darden publicly commended the Virginia Cooperative
Extension Service for its 100 years of service.
Supervisor Darden provided highlights of a meeting held on May 14,
2014 with Congressman Randy Forbes.
Supervisor Alphin reported on a meeting held between the Chairmen and
Vice-Chairmen of the Board of Supervisors and the School Board on May 8,
2014. He advised that he had also taken a tour of the Georgie D. Tyler Middle
School in Windsor.
//
APPOINTMENTS
Supervisor Casteen moved that Florine Moore be appointed to serve on
the Social Services Board representing the Smithfield District. The motion
was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen,
Darden and Jefferson voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Darden moved that Howard Mandaville be appointed to the
Board of Building Appeals representing the Windsor District and replacing W.
L. Jones. The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Darden moved that Wilson E. Holland be reappointed to the
Wetlands Board representing the Windsor District. The motion was adopted
by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and
Jefferson voting in favor of the motion and no Supervisors voting against the
motion.
6
Chairman Bailey moved that Carroll E. Keen, Jr. be reappointed to the
Industrial Development Authority representing the Windsor District. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
//
SPECIAL PRESENTATION/APPEARANCES
The Board received a slide presentation of animals currently available
for adoption at the County’s animal shelter by Donald T. Robertson, Director
of Information Resources and Legislative Affairs.
The Board received an update on the U.S. Route 460 Corridor
Improvements Project by Phil Rinehart, Virginia Department of
Transportation.
A Resolution of Appreciation for Joseph R. “Rusty” Chase was
presented to Mr. Chase by Supervisor Alphin.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION OF APPRECIATION FOR
JOSEPH R. “RUSTY”CHASE
WHEREAS, Mr. Joseph R. “Rusty” Chase began his employment with
the County of Isle of Wight, Virginia as a part-time Medic in May 2000 and
continued to serve as Coordinator of Emergency Management, Director of
Emergency Services, and, most recently, Chief of Emergency Services; and,
WHEREAS, Mr. Chase has managed the Emergency Services
Department in a manner that safeguarded lives and property and has benefited
and improved the quality of life of the citizens of Isle of Wight County; and,
7
WHEREAS, Mr. Chase was a highly valued and respected staff member
whose talents will be greatly missed; and,
WHEREAS, Mr. Chase retired from formal employment with the
County on April 30, 2014.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of the County of Isle of Wight, Virginia recognizes and appreciates Joseph R.
“Rusty” Chase, Chief of Emergency Services, for outstanding achievement and
distinguished service to the citizens of Isle of Wight County.
BE IT FURTHER RESOLVED that the Isle of Wight County Board of
Supervisors extends to Joseph R. “Rusty” Chase its best wishes for his future
endeavors and orders that a copy of this Resolution be spread upon the minutes
of this Board this fifteenth day of May 2014.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Darden moved that the Resolution recognizing the
accomplishments of Bria Kelly be moved from Item (A) under the County
Administrator’s report to Item (D) under Special Presentations. The motion
was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen,
Darden and Jefferson voting in favor of the motion and no Supervisors voting
against the motion.
A Resolution to Recognize the Accomplishments of Bria Kelly was
presented to Ms. Kelly by Supervisor Darden.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION TO RECOGNIZE THE ACHIEVEMENTS
OF BRIA KELLY
WHEREAS, Miss Bria Kelly is a resident of Isle of Wight County; and,
8
WHEREAS, Miss Kelly is an honor roll student at Smithfield High
School that has also been blessed with a great deal of musical talent including
singing, writing songs, and playing the guitar; and,
WHEREAS, for the past several years, Miss Kelly has established
herself as a popular entertainer, performing at venues and events throughout
Hampton Roads; and,
WHEREAS, Miss Kelly appeared on the national stage in 2012 as a
performer selected by NBC to perform on “America’s Got Talent”; and,
WHEREAS, most recently Miss Kelly participated as a top 10 finalist on
NBC’s “The Voice”.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of the County of Isle of Wight, Virginia recognizes and congratulates Miss
Bria Kelly on her achievements in entertainment.
BE IT FURTHER RESOLVED that the Isle of Wight County Board of
Supervisors extends to Miss Bria Kelly its best wishes for her future endeavors
and orders that a copy of this Resolution be spread upon the minutes of this
Board this fifteenth day of May 2014.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
The Board received a presentation on the “Read to Them” program by
Gary Anderson.
//
CITIZENS’ COMMENTS
Michael Uzzle addressed his concern regarding an article recently
published in the Smithfield Times that not all County residents have access to
computers and may not be able to vote on the County’s branding.
9
Jesse Gwaltney, representing the Windsor Volunteer Fire Department,
commented on the importance of volunteers and expressed his opposition to
the proposed Facilities Use Agreement. He made reference to a previously
adopted Memorandum of Understanding (MOU) between the County and the
Windsor Volunteer Fire Department and requested that all other volunteer fire
departments and rescue squads have the opportunity to adopt the same MOU.
Frank Taylor of Carrollton requested that the Board adopt an ordinance
requiring all animal owners to discard of their animal’s waste.
Pete Green addressed the Board concerning the costs associated with the
proposed U.S. Route 460 improvements project. He encouraged waivers not
be granted for the recently adopted Stormwater fee. He made reference to a
recent newspaper article regarding the proposed false data provided to the
Federal Government for the Federal loan for the Georgie D. Tyler Middle
School and inquired if the Federal Government could request its $24 million
be returned as a result. Lastly, he addressed the County’s recently adopted
budget.
//
PUBLIC HEARINGS
Chairman Bailey called for a public hearing on the following:
A. Ordinance to Designate as Exempt from Taxation All Real and
Personal Property Owned or Operated by Windsor Athletic
Association
County Attorney Popovich certified that the matter had been properly
advertised for public hearing.
Chairman Bailey called for persons to speak in favor of or in opposition
to the following proposed Ordinance.
No one appeared and spoke.
10
Chairman Bailey closed the public hearing and called for comments from
the Board.
Supervisor Darden moved that the following Ordinance be adopted:
AN ORDINANCE TO DESIGNATE AS EXEMPT FROM TAXATION
ALL REAL AND PERSONAL PROPERTY OWNED OR OPERATED
BY WINDSOR ATHLETIC ASSOCIATION
BE IT, AND IT IS HEREBY ORDAINED, by the Board of Supervisors
of the County of Isle of Wight, Virginia, to-wit:
That, in accordance with Section 58.1-3651 of the Code of Virginia
(1950, as amended), all real and personal property currently owned and
operated, or which may be owned and operated in the future, by Windsor
Athletic Association is hereby exempt from taxation by Isle of Wight County,
Virginia for so long as Windsor Athletic Association continues to use such real
and personal property in the furtherance of its operation as a charitable
organization and for so long as Windsor Athletic Association remains in
compliance with all federal, state and local laws and regulations related to the
operation of such charitable organizations.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Bailey called for a public hearing on the following:
B. Brewers Neck Transportation Corridor Study
Richard Rudnicki, Planner, provided an overview of the Study and
recommended that the Board approve it with the changes identified as an
appendix to the Isle of Wight County Comprehensive Plan.
11
Carol Collins, Transportation Planner, Kimley Horne & Associates,
presented the Brewer’s Neck Corridor Study to the Board.
Chairman Bailey called for persons to speak in favor of or in opposition
to the Study.
No one appeared and spoke.
Chairman Bailey closed the public hearing and called for comments from
the Board.
Supervisor Darden moved that the Brewer’s Neck Transportation
Corridor Study be adopted. The motion was adopted by a vote of (5-0) with
Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
Chairman Bailey called for a public hearing on the following:
C. Benn’s Grant Mixed-Use Development/Amendment to the Proffer
Statement, Master Plan and Neighborhood Plan Book
Beverly H. Walkup, Director of Planning and Zoning, presented the
proposed amendment to the Proffer Statement.
Chairman Bailey called for persons to speak in favor of or in opposition
to the Study.
No appeared and spoke.
Chairman Bailey closed the public hearing and called for comments from
the Board.
Supervisor Alphin moved that the changes be authorized to the Benn’s
Grant Mixed Use Development by amending the Proffer Statement, Master
Plan and Neighborhood Plan. The motion was adopted by a vote of (5-0) with
Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
Chairman Bailey called for a public hearing on the following:
12
D. Virginia Department of Transportation (VDOT) FY2015-2020
Secondary Six-Year Improvement Program (SSYIP) and
Construction Priority List
Jamie Oliver, Transportation Planner, provided an overview of the Plan
and recommended the adoption of the proposed resolution approving the Plan.
Chairman Bailey called for persons to speak in favor of or in opposition
to the Study.
No one appeared and spoke.
Chairman Bailey closed the public hearing and called for comments from
the Board.
Supervisor Darden moved that the Program and List be adopted. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
//
CLOSED MEETING
County Attorney Popovich requested a closed meeting pursuant to
Section 2.2-3711(A)(7) of the Code of Virginia concerning consultation with
legal counsel requiring the provision of legal advice regarding contractual
matters with the volunteer emergency service organizations and pursuant to
Sections 2.2-3711(A)(3) and (A)(7) regarding consultation with legal counsel
requiring the provision of legal advice concerning the upcoming Smithfield
Intergovernmental Relations Committee meeting.
Supervisor Alphin moved that the Board enter the closed meeting for the
reasons stated. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
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Supervisor Alphin moved that the Board return to open session. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Casteen moved that the following Resolution be 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: Bailey, Darden, Jefferson, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
COUNTY ADMINISTRATOR’S REPORT
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Mary Beth Johnson, the County’s new Director of Human Resources,
was formally introduced.
Michael W. Terry, Director of Budget and Finance, provided an
overview of the proposed changes to the County’s purchasing policy.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION TO AMEND PURCHASING POLICY
WHEREAS, Isle of Wight County, Virginia staff in conjunction with the
County Attorney has reviewed and made revisions to the County’s purchasing
policy, and
WHEREAS, the purchasing policy will serve as the County’s
procurement laws, policies and procedures, and
WHEREAS, the revised purchasing policy when adopted by the Board
of Supervisors will replace the existing content located in Chapter 2: Financial
and Accounting, Article 1 of the County Policy Manual.
NOW, THEREFORE, BE IT RESOLVE, that the Isle of Wight County
Board of Supervisors hereby amends Chapter 2: Financial and Accounting,
Article 1 of the County Policy Manual as prescribed in the attachment.
BE IT FURTHER RESOLVED, that the County Administrator of Isle of
Wight County, Virginia is authorized by the Board of Supervisors to do all
things necessary to give this resolution effect.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Jimmy Sanderson, Davenport & Company, responsive to discussions
with the Board at its April 10, 2014 meeting regarding the restructuring of a
portion of the County’s existing debt in order to assist in meeting future budget
15
requirements, presented a Resolution to Restructure Existing General
Obligation and Utility Fund Debt and a Resolution Providing for the Issuance,
Sale and Award of General Obligation Refunding Bonds, Series 2014, of Isle
of Wight County, Virginia, in a Principal Amount not to Exceed $50,000,000,
Providing for the Form, Details and Payment Thereof, and Providing for the
Refunding of Certain General Obligation Bonds of the County for the Board’s
consideration.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION TO RESTRUCTURE EXISITING GENERAL
OBLIGATION AND UTILITY FUND DEBT
WHEREAS, Isle of Wight County, Virginia Board of Supervisors has
received a recent presentation from the County’s financial advisor Davenport
& Company reporting to the Board that restructuring of existing general
obligation and utility fund debt at current market rates should result in the
County achieving an average of $2.61 million per year by restructuring the
payment requirements of existing debt and improving cash flow savings
through FY 2023, thus adding to the overall debt to be repaid by the
restructuring.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Isle of Wight County, Virginia authorizes the restructuring the existing
general obligation and utility fund debt.
BE IT FURTHER RESOLVED, that the County Administrator of Isle of
Wight County, Virginia is authorized by the Board of Supervisors to
restructure the County’s existing general obligation and utility fund debt and
to do all things necessary to give this resolution effect.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
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Supervisor Casteen further moved that the following Resolution be
adopted:
RESOLUTION PROVIDING FOR THE
ISSUANCE, SALE AND AWARD OF GENERAL
OBLIGATION REFUNDING BONDS, SERIES
2014, OF ISLE OF WIGHT COUNTY, VIRGINIA,
IN A PRINCIPAL AMOUNT NOT TO EXCEED
$50,000,000, PROVIDING FOR THE FORM,
DETAILS AND PAYMENT THEREOF, AND
PROVIDING FOR THE REFUNDING OF
CERTAIN GENERAL OBLIGATION BONDS OF
THE COUNTY
WHEREAS, pursuant to Section 10(b) of Article VII of the Constitution
of Virginia and Section 15.2-2639 (formerly Section 15.1-227.40) of the Code
of Virginia of 1950, as amended, Isle of Wight County, Virginia (the
“County”), has elected by affirmative vote of the qualified voters of the
County, to be treated as a city for the purpose of issuing its bonds;
WHEREAS, the County has previously issued its Literary Fund Loan,
Series 1999 (the “Series 1999 Bonds”), of which $1,500,000 remains
outstanding;
WHEREAS, on August 9, 2005, the County issued its $13,880,000
General Obligation Refunding Bonds, Series 2005 (the “Series 2005 Bonds”),
of which $8,475,000 remains outstanding;
WHEREAS, on December 16, 2008, the County issued its $25,000,000
General Obligation Public Improvement Bonds, Series 2008B (the “Series
2008 Bonds”), of which $23,450,000 remains outstanding;
WHEREAS, on September 30, 2010, the County issued its $12,145,000
General Obligation Refunding Bonds, Series 2010D (the “Series 2010
Bonds”), of which $10,450,000 remains outstanding;
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WHEREAS, on June 29, 2011, the County issued its $17,630,000
General Obligation Public Improvement and Refunding Bonds, Series 2011A
(the “Series 2011A Bonds”), of which $17,630,000 remains outstanding;
WHEREAS, on June 29, 2011, the County issued its $7,500,000 General
Obligation Literary Loan Anticipation Notes, Series 2011C (the “Series 2011C
Bonds”), of which $7,500,000 remains outstanding;
WHEREAS, on September 27, 2012, the County issued its $48,465,000
General Obligation Public Improvement and Refunding Bonds, Series 2012
(the “Series 2012 Bonds”), of which $48,465,000 remains outstanding;
WHEREAS, the County administration, in consultation with Davenport
& Company LLC, the County’s financial advisor (the “Financial Advisor”),
has recommended to the Board of Supervisors that the County authorize the
refunding of a portion of the outstanding Series 1999 Bonds, Series 2005
Bonds, Series 2008 Bonds, Series 2010 Bonds, Series 2011A Bonds, Series
2011C Bonds and Series 2012 Bonds (together, the “Refunded Bonds”), and
the issuance and sale of two or more series of general obligation refunding
bonds, in order to restructure the repayment schedule of the Refunded Bonds
to improve the County’s anticipated budgetary and cash flow requirements;
and
WHEREAS, the County administration, in consultation with the
Financial Advisor, has recommended to the Board that the County issue and
sell a single series of tax-exempt general obligation refunding bonds in a
principal amount not to exceed $25,000,000 and a single series of taxable
general obligation refunding bonds in a principal amount not to exceed
$25,000,000;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE
OF WIGHT COUNTY, VIRGINIA:
Issuance of Bonds. There shall be issued and sold, pursuant to the Constitution
and statutes of the Commonwealth of Virginia, including the Public Finance
Act of 1991, (a) tax-exempt general obligation refunding bonds of the County
in the maximum aggregate principal amount of $25,000,000 (the “Tax-Exempt
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Bonds”) to (i) provide funds to refund a portion of the Refunded Bonds (the
“Tax-Exempt Refunded Bonds”) and (ii) pay the costs incurred in connection
with issuing the Tax-Exempt Bonds and refunding the Tax-Exempt Refunded
Bonds, and (b) taxable general obligation refunding bonds of the County in the
maximum aggregate principal amount of $25,000,000 (the “Taxable Bonds”)
to (i) provide funds to refund a portion of the Refunded Bonds (the “Taxable
Refunded Bonds”) and (ii) pay the costs incurred in connection with issuing
the Taxable Bonds and refunding the Taxable Refunded Bonds. The Tax-
Exempt Bonds and the Taxable Bonds are referred to together as the “Bonds”.
Bond Details. The Tax-Exempt Bonds may be issued in a single series and
shall be designated “General Obligation Refunding Bonds, Series 2014A (Tax-
Exempt),” or such other designation as shall be determined by the County
Administrator, shall be in registered form, shall be dated such date as
determined by the County Administrator, shall be in denominations of $5,000
and integral multiples thereof, and shall be numbered R-1 upward. Subject to
Section 8, the issuance and sale of the Tax-Exempt Bonds are authorized on
terms as shall be satisfactory to the County Administrator; provided, however,
that (a) the Tax-Exempt Bonds shall have a “true” or “Canadian” interest cost
not to exceed 5.75%, taking into account any original issue discount or
premium on the Tax-Exempt Bonds, (b) the Tax-Exempt Bonds shall be sold
at a price not less than 97% of the original aggregate principal amount thereof
(excluding any original issue discount), and (c) the Tax-Exempt Bonds shall
mature or be subject to mandatory sinking fund redemptions in annual
installments ending no later than December 31, 2042. Principal of the Tax-
Exempt Bonds shall be payable annually and interest on the Tax-Exempt
Bonds shall be payable semiannually on dates determined by the County
Administrator.
The Taxable Bonds may be issued in a single series and shall be designated
“General Obligation Refunding Bonds, Series 2014B (Taxable),” or such other
designation as shall be determined by the County Administrator, shall be in
registered form, shall be dated such date as determined by the County
Administrator, shall be in denominations of $5,000 and integral multiples
thereof, and shall be numbered R-1 upward. Subject to Section 8, the issuance
and sale of the Taxable Bonds are authorized on terms as shall be satisfactory
to the County Administrator; provided, however, that (a) the Taxable Bonds
19
shall have a “true” or “Canadian” interest cost not to exceed 7%, taking into
account any original issue discount or premium on the Taxable Bonds, (b) the
Taxable Bonds shall be sold at a price not less than 97% of the original
aggregate principal amount thereof (excluding any original issue discount),
and (c) the Taxable Bonds shall mature or be subject to mandatory sinking fund
redemptions in annual installments ending no later than December 31, 2042.
Principal of the Taxable Bonds shall be payable annually and interest on the
Taxable Bonds shall be payable semiannually on dates determined by the
County Administrator.
Each Bond shall bear interest at such rate as shall be determined at the time of
sale, calculated on the basis of a 360-day year of twelve 30-day months.
Principal and premium, if any, shall be payable to the registered owners upon
surrender of Bonds as they become due at the office of the Registrar (as
hereinafter defined). Interest shall be payable by check or draft mailed to the
registered owners at their addresses as they appear on the registration books
kept by the Registrar on a date prior to each interest payment date that shall be
determined by the County Administrator (the “Record Date”). Principal,
premium, if any, and interest shall be payable in lawful money of the United
States of America.
Initially, one Bond certificate for each maturity of each series of the Bonds
shall be issued to and registered in the name of The Depository Trust Company,
New York, New York (“DTC”), or its nominee. The County has heretofore
entered into a Blanket Letter of Representations relating to a book-entry system
to be maintained by DTC with respect to the Bonds. “Securities Depository”
shall mean DTC or any other securities depository for the Bonds appointed
pursuant to this Section.
In the event that (a) the Securities Depository determines not to continue to act
as the securities depository for the Bonds by giving notice to the Registrar, and
the County discharges its responsibilities hereunder, or (b) the County in its
sole discretion determines (i) that beneficial owners of Bonds shall be able to
obtain certificated Bonds or (ii) to select a new Securities Depository, then its
chief financial officer shall, at the direction of the County, attempt to locate
another qualified securities depository to serve as Securities Depository and
authenticate and deliver certificated Bonds to the new Securities Depository or
20
its nominee, or authenticate and deliver certificated Bonds to the beneficial
owners or to the Securities Depository participants on behalf of beneficial
owners substantially in the form provided for in Section 5; provided, however,
that such form shall provide for interest on the Bonds to be payable (A) from
the date of the Bonds if they are authenticated prior to the first interest payment
date, or (B) otherwise from the interest payment date that is or immediately
precedes the date on which the Bonds are authenticated (unless payment of
interest thereon is in default, in which case interest on such Bonds shall be
payable from the date to which interest has been paid). In delivering
certificated Bonds, the chief financial officer shall be entitled to rely on the
records of the Securities Depository as to the beneficial owners or the records
of the Securities Depository participants acting on behalf of beneficial owners.
Such certificated Bonds will then be registrable, transferable and exchangeable
as set forth in Section 7.
So long as there is a Securities Depository for the Bonds (1) it or its nominee
shall be the registered owner of the Bonds, (2) notwithstanding anything to the
contrary in this Resolution, determinations of persons entitled to payment of
principal, premium, if any, and interest, transfers of ownership and exchanges
and receipt of notices shall be the responsibility of the Securities Depository
and shall be effected pursuant to rules and procedures established by such
Securities Depository, (3) the Registrar and the County shall not be responsible
or liable for maintaining, supervising or reviewing the records maintained by
the Securities Depository, its participants or persons acting through such
participants, (4) references in this Resolution to registered owners of the Bonds
shall mean such Securities Depository or its nominee and shall not mean the
beneficial owners of the Bonds and (5) in the event of any inconsistency
between the provisions of this Resolution and the provisions of the above-
referenced Blanket Letter of Representations such provisions of the Blanket
Letter of Representations, except to the extent set forth in this paragraph and
the next preceding paragraph, shall control.
Redemption Provisions. The Bonds may be subject to redemption prior to
maturity at the option of the County at a price and on or after dates, if any,
determined by the County Administrator.
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Any term bonds may be subject to mandatory sinking fund redemption upon
terms determined by the County Administrator.
If less than all of a series of the Bonds are called for redemption, the maturities
of the series of Bonds to be redeemed shall be selected by the County’s chief
financial officer in such manner as the chief financial officer may determine to
be in the best interest of the County. If less than all the Bonds of a particular
maturity of a series are called for redemption, the Bonds within such maturity
of such series to be redeemed shall be selected by the Securities Depository
pursuant to its rules and procedures or, if the book-entry system is
discontinued, shall be selected by the Registrar by lot in such manner as the
Registrar in its discretion may determine. In either case, (a) the portion of any
Bond to be redeemed shall be in the principal amount of $5,000 or some
integral multiple thereof and (b) in selecting Bonds for redemption, each Bond
shall be considered as representing that number of Bonds that is obtained by
dividing the principal amount of such Bond by $5,000. The County shall cause
notice of the call for redemption identifying the Bonds or portions thereof to
be redeemed to be sent by facsimile or electronic transmission, registered or
certified mail or overnight express delivery, not less than 30 nor more than 60
days prior to the redemption date, to the registered owner of the Bonds. The
County shall not be responsible for sending notice of redemption to anyone
other than DTC or another qualified Securities Depository or its nominee
unless no qualified Securities Depository is the registered owner of the Bonds.
If no qualified Securities Depository is the registered owner of the Bonds,
notice of redemption shall be sent to the registered owners of the Bonds. If a
portion of a Bond is called for redemption, a new Bond in principal amount
equal to the unredeemed portion thereof will be issued to the registered owner
upon the surrender thereof.
In the case of an optional redemption, the notice may state that (1) it is
conditioned upon the deposit of moneys, in an amount equal to the amount
necessary to effect the redemption, no later than the redemption date or (2) the
County retains the right to rescind such notice on or prior to the scheduled
redemption date (in either case, a “Conditional Redemption”), and such notice
and optional redemption shall be of no effect if such moneys are not so
deposited or if the notice is rescinded as described herein. Any Conditional
Redemption may be rescinded at any time. The County shall give prompt
22
notice of such rescission to the affected Bondholders. Any Bonds subject to
Conditional Redemption where redemption has been rescinded shall remain
outstanding, and the rescission shall not constitute an event of default. Further,
in the case of a Conditional Redemption, the failure of the County to make
funds available on or before the redemption date shall not constitute an event
of default, and the County shall give immediate notice to all organizations
registered with the Securities and Exchange Commission as securities
depositories or the affected Bondholders that the redemption did not occur and
that the Bonds called for redemption and not so paid remain outstanding.
Execution and Authentication. The Bonds shall be signed by the manual or
facsimile signature of the Chairman or Vice Chairman of the Board, shall be
countersigned by the manual or facsimile signature of the Clerk or Deputy
Clerk of the Board and the Board’s seal shall be affixed thereto or a facsimile
thereof printed thereon; provided, however, that if both of such signatures are
facsimiles, no Bond shall be valid until it has been authenticated by the manual
signature of an authorized officer or employee of the Registrar and the date of
authentication noted thereon.
Bond Form. The Bonds shall be in substantially the form of Exhibit A attached
hereto, with such completions, omissions, insertions and changes not
inconsistent with this Resolution as may be approved by the officers signing
the Bonds, whose approval shall be evidenced conclusively by the execution
and delivery of the Bonds.
Pledge of Full Faith and Credit. The full faith and credit of the County are
irrevocably pledged for the payment of principal of and premium, if any, and
interest on the Bonds. Unless other funds are lawfully available and
appropriated for timely payment of the Bonds, the Board shall levy and collect
an annual ad valorem tax, over and above all other taxes authorized or limited
by law and without limitation as to rate or amount, on all locally taxable
property in the County sufficient to pay when due the principal of and
premium, if any, and interest on the Bonds.
Registration, Transfer and Owners of Bonds. The County Administrator is
hereby authorized and directed to appoint a qualified bank or trust company as
paying agent and registrar for the Bonds (the “Registrar”). The Registrar shall
23
maintain registration books for the registration and registration of transfers of
Bonds. Upon presentation and surrender of any Bonds at the corporate trust
office of the Registrar, together with an assignment duly executed by the
registered owner or his duly authorized attorney or legal representative in such
form as shall be satisfactory to the Registrar, the County shall execute and the
Registrar shall authenticate, if required by Section 4, and deliver in exchange,
a new Bond or Bonds having an equal aggregate principal amount, in
authorized denominations, of the same form and maturity, bearing interest at
the same rate, and registered in names as requested by the then registered
owner or his duly authorized attorney or legal representative. Any such
exchange shall be at the expense of the County, except that the Registrar may
charge the person requesting such exchange the amount of any tax or other
governmental charge required to be paid with respect thereto.
The Registrar shall treat the registered owner as the person exclusively entitled
to payment of principal, premium, if any, and interest and the exercise of all
other rights and powers of the owner, except that interest payments shall be
made to the person shown as owner on the registration books on the Record
Date.
Sale of Bonds.
The Board approves the following terms of the sale of the Bonds. The Bonds
shall be sold through a competitive sale or a negotiated sale with a qualified
investment banking firm (the “Underwriter”) as the County Administrator, in
collaboration with the Financial Advisor, determines to be in the best interest
of the County. The County Administrator, in collaboration with the Financial
Advisor, is authorized and directed to determine (i) the aggregate principal
amount of the Bonds, subject to the limitations set forth in Section 1, (ii) the
interest rates of the Bonds, maturity schedule of the Bonds, and the prices to
be paid for the Bonds by the purchaser or the Underwriter (as applicable),
subject to the limitations set forth in Section 2, (iii) the redemption provisions
of the Bonds, subject to the limitations set forth in Section 3, and (iv) the dated
date, the principal and interest payment dates and the Record Date of the
Bonds, all as the County Administrator determines to be in the best interest of
the County.
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If the County Administrator determines to sell the Bonds by competitive sale,
the County Administrator is authorized to receive bids for the Bonds and award
the Bonds to the bidder providing the lowest “true” or “Canadian” interest cost,
subject to and taking into account the limitations and terms set forth in Section
2. Following a competitive sale, the County Administrator shall file a
certificate with the Clerk of the Board setting forth the final terms of the Bonds.
The actions of the County Administrator in selling the Bonds shall be
conclusive, and no further action with respect to the sale and issuance of the
Bonds shall be necessary on the part of the Board.
If the County Administrator determines to sell the Bonds by negotiated sale
with the Underwriter, the County Administrator is authorized to execute and
deliver to the Underwriter a bond purchase agreement (the “Bond Purchase
Agreement”) between the County and the Underwriter. The Bond Purchase
Agreement shall be in the form approved by the County Administrator, in
collaboration with the County Attorney and the County’s bond counsel, and
shall reflect the final terms of the Bonds. The execution of the Bond Purchase
Agreement by the County Administrator shall constitute conclusive evidence
of his approval of such completions, omissions, insertions and changes
necessary to reflect the final terms of the Bonds. Following a negotiated sale,
the County Administrator shall file a copy of the Bond Purchase Agreement
with the records of the Board. The actions of the County Administrator in
selling the Bonds by negotiated sale to the Underwriter shall be conclusive,
and no further action with respect to the sale and issuance of the Bonds shall
be necessary on the part of the Board.
Notice of Sale. If the Bonds are sold by competitive bid, the County
Administrator, in collaboration with the Financial Advisor, is authorized and
directed to take all proper steps to have prepared and distributed, in accordance
with standard practices of municipal securities, a notice of sale to advertise the
Bonds for sale. Such notice of sale shall be in a form that is not inconsistent with
the provisions of this Resolution and as the County Administrator may consider
to be in the best interest of the County.
Official Statement. A draft of a Preliminary Official Statement describing the
Bonds, copies of which have been provided to the members of the Board, is
approved as the form of the Preliminary Official Statement by which the Bonds
25
will be offered for sale, with such completions, omissions, insertions and
changes not inconsistent with this Resolution as the County Administrator, in
collaboration with the Financial Advisor, may consider appropriate. After the
Bonds have been sold, the County Administrator, in collaboration with the
Financial Advisor, shall make such completions, omissions, insertions and
changes in the Preliminary Official Statement not inconsistent with this
Resolution as are necessary or desirable to complete it as a final Official
Statement, execution thereof by the County Administrator to constitute
conclusive evidence of his approval of any such completions, omissions,
insertions and changes. The County shall arrange for the delivery to the
purchaser or Underwriter of the Bonds of a reasonable number of copies of the
final Official Statement, within seven business days after the Bonds have been
sold, for delivery to each potential investor requesting a copy of the Official
Statement and to each person to whom such purchaser or Underwriter initially
sell Bonds.
Official Statement Deemed Final. The County Administrator is authorized, on
behalf of the County, to deem the Preliminary Official Statement and the
Official Statement in final form, each to be final as of its date within the
meaning of Rule 15c2-12 (“Rule 15c2-12”) of the Securities and Exchange
Commission (the “SEC”), except for the omission in the Preliminary Official
Statement of certain pricing and other information permitted to be omitted
pursuant to Rule 15c2-12. The distribution of the Preliminary Official
Statement and the Official Statement in final form shall be conclusive evidence
that each has been deemed final as of its date by the County, except for the
omission in the Preliminary Official Statement of such pricing and other
information permitted to be omitted pursuant to Rule 15c2-12.
Preparation and Delivery of Bonds. After the Bonds have been awarded, the
Chairman or Vice Chairman and the Clerk or Deputy Clerk of the Board are
authorized and directed to take all proper steps to have the Bonds prepared and
executed in accordance with their terms and to deliver the Bonds to the
purchaser or Underwriter thereof upon payment therefor.
Escrow Deposit Agreement. The County Administrator is authorized to
execute and deliver one or more escrow deposit agreements (collectively, the
“Escrow Agreement”) between the County and an escrow agent to be
26
appointed by the County Administrator (the “Escrow Agent”). The Escrow
Agreement shall be in the form approved by the County Administrator, in
collaboration with the County Attorney and the County’s bond counsel, and
shall provide for the deposit and investment of a portion of the Bond proceeds
for the defeasance of the Refunded Bonds. The execution of the Escrow
Agreement by the County Administrator shall constitute conclusive evidence
of such official’s approval of the Escrow Agreement. The Escrow Agreement
shall provide for the irrevocable deposit of a portion of the Bond proceeds (the
“Refunding Portion”) in escrow funds which shall be sufficient to provide for
payment of principal of and premium, if any, and interest on the Refunded
Bonds; provided, however, that the Refunding Portion pertaining to the Tax-
Exempt Bonds shall be invested in such manner that none of the Tax-Exempt
Bonds will be “arbitrage bonds” within the meaning of Section 148 of the
Code.
Deposit of Bond Proceeds. The County Treasurer and the Director of Budget
and Finance or either of them is authorized and directed (a) to provide for the
delivery of the Refunding Portion to the Escrow Agent for deposit in the
escrow funds established by the Escrow Agreement, in an amount that will be
sufficient, together with any other funds deposited with the Escrow Agent and
the interest thereon when invested as provided in the Escrow Agreement, (i) to
pay when due the interest on the Refunded Bonds to the first date on which
they may be redeemed at the option of the County and (ii) to pay upon the
earlier of maturity or redemption the principal of the Refunded Bonds, plus any
interest accrued and unpaid to such redemption date, plus the applicable
redemption premium, and (b) to provide for the deposit of the remaining
proceeds of the Bonds in a special account to be used to pay the costs incurred
in refunding the Refunded Bonds and issuing the Bonds. The County
Treasurer and the Director of Budget and Finance or either of them is further
authorized and directed to take all such further action as may be necessary or
desirable in connection with the payment and refunding of the Refunded
Bonds.
Arbitrage Covenants. The County covenants that it shall not take or omit to
take any action the taking or omission of which will cause the Tax-Exempt
Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Code,
or otherwise cause interest on the Tax-Exempt Bonds to be includable in the
27
gross income of the registered owners thereof under existing law. Without
limiting the generality of the foregoing, the County shall comply with any
provision of law which may require the County at any time to rebate to the
United States any part of the earnings derived from the investment of the gross
proceeds of the Tax-Exempt Bonds, unless the County receives an opinion of
nationally recognized bond counsel that such compliance is not required to
prevent interest on the Tax-Exempt Bonds from being includable in the gross
income of the registered owners thereof under existing law. The County shall
pay any such required rebate from its legally available funds.
Non-Arbitrage Certificate and Elections. Such officers of the County as may
be requested are authorized and directed to execute an appropriate certificate
setting forth the expected use and investment of the proceeds of the Tax-
Exempt Bonds in order to show that such expected use and investment will not
violate the provisions of Section 148 of the Code, and any elections such
officers deem desirable regarding rebate of earnings to the United States for
purposes of complying with Section 148 of the Code. Such certificate and
elections shall be in such form as may be requested by bond counsel for the
County.
Limitation on Private Use. The County covenants that it shall not permit the
proceeds of the Tax-Exempt Bonds or the facilities refinanced with the
proceeds of the Tax-Exempt Bonds to be used in any manner that would result
in (a) 5% or more of such proceeds or the facilities refinanced with such
proceeds being used in a trade or business carried on by any person other than
a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more
of such proceeds or the facilities refinanced with such proceeds being used
with respect to any output facility (other than a facility for the furnishing of
water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more
of such proceeds being used directly or indirectly to make or refinance loans
to any persons other than a governmental unit, as provided in Section 141(c)
of the Code; provided, however, that if the County receives an opinion of
nationally recognized bond counsel that any such covenants need not be
complied with to prevent the interest on the Tax-Exempt Bonds from being
includable in the gross income for federal income tax purposes of the registered
28
owners thereof under existing law, the County need not comply with such
covenants.
Continuing Disclosure Agreement. The County Administrator is hereby
authorized to execute and deliver a continuing disclosure agreement (the
“Continuing Disclosure Agreement”) setting forth the reports and notices to be
filed by the County and containing such covenants as may be necessary to
assist the purchasers of the Bonds in complying with the provisions of the Rule
promulgated by the SEC. The Continuing Disclosure Agreement shall be
substantially in the form of the draft attached to the Preliminary Official
Statement, with such completions, omissions, insertions and changes that are
not inconsistent with this Resolution.
Other Actions. All other actions of officers of the County in conformity with
the purposes and intent of this Resolution and in furtherance of the issuance
and sale of the Bonds are approved and confirmed. The officers of the County
are authorized and directed to execute and deliver all certificates and
instruments and to take all such further action as may be considered necessary
or desirable in connection with the issuance, sale and delivery of the Bonds.
Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in
conflict herewith are repealed.
Effective Date. This Resolution shall take effect immediately.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
County Administrator Seward presented a request for the County to
enter into a funding agreement for the monitoring of stream gauges in the
Chowan River Basin. She advised that staff’s recommendation is to deny the
request due to current financial constraints and because a majority of the
residential properties most likely to flood have already been mitigated by the
County.
29
Supervisor Alphin moved that the request be denied. The motion was
adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
County Administrator Seward presented, on behalf of the School
Superintendent, a Resolution to Authorize the Transfer and Commitment of
Funds for the Acquisition of School Buses and Commitment of Textbook
Funds.
Supervisor Darden moved that the following Resolution be adopted:
RESOLUTION TO AUTHORIZE TRANSFER AND COMMITMENT
OF FUNDS FOR THE ACQUISITION OF SCHOOL BUSES AND
COMMITMENT OF TEXTBOOK FUNDS
WHEREAS, savings in the Isle of Wight County Public Schools’
FY2013-14 Instructional Services category have been achieved through
vacancy savings and attrition adjustments; and,
WHEREAS, a categorical adjustment from Instructional Services to
Transportation, in the amount of $300,000, for the acquisition of three (3)
school buses to replace buses that are beyond the recommended useful life;
and,
WHEREAS, FY 2013-14 State textbook funds remaining as of June 30,
2014 (subject to the annual financial audit) need to be committed to the
Schools’ FY 2014-15 Textbook budget.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of
Supervisors of the County of Isle of Wight, Virginia authorize the transfer of
$300,000 from the Instructional Services category to the Transportation
category in its FY2013-14 Operating Budget for the purchase of initiating the
acquisition of three (3) buses prior to June 30, 2014 and commit said funding
to the Transportation category in Schools’ FY2014-15 Operating Budget.
30
BE IT FURTHER RESOLVED that the Board of Supervisors commits
FY2013-14 State textbooks funds remaining as of June 30, 2014 (subject to the
annual financial audit) to the Schools’ FY 2014-15 Textbook Budget.
BE IT FURTHER RESOLVED that the County Administrator of Isle of
Wight County is authorized to make the appropriate accounting adjustments
and to do all things necessary to give this resolution effect.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
County Administrator Seward reported on steps taken to date by staff
with respect to the issues of fire and rescue titling of vehicles and a facility use
agreement between the County and its volunteer fire and rescue organizations.
She requested permission to enter into agreements for vehicle titling and
facility use.
Supervisor Alphin moved that the County Administrator be authorized
to enter into a Facilities Use Agreement with each of the fire and rescue
departments and, in the event the departments do not execute the Facilities Use
Agreement by the Board’s June 19, 2014 regular meeting, the Board will
consider withholding all designated funding, capital and operating, from each
non-compliant department until such time as an agreement is executed with
that department. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Darden moved that staff be directed to review the existing
Memorandum of Understanding (MOU) with Windsor (and Smithfield, if
applicable) to ensure that the provisions contained within that MOU will allow
for the County to move forward and that action on the issue of vehicle titling
will be taken at the Board’s June 19, 2014 regular meeting. The motion was
adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
31
//
UNFINISHED/OLD BUSINESS
No old business items were offered for discussion.
//
NEW BUSINESS
No new business items were offered for discussion.
//
INFORMATIONAL ITEMS
County Administrator Seward noted the following items were included
in the agenda for the Board’s information: Tourism Activities; Charter
Transition to Comcast; and, Monthly Reports Delinquent Tax Information and
Statement of Treasurer’s Accountability.
//
At 9:00 p.m., Chairman Bailey declared the meeting adjourned.
__________________________
Byron B. Bailey, Chairman
_________________________
Carey Mills Storm, Clerk
1
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE NINETEENTH DAY OF JUNE IN THE YEAR
TWO THOUSAND AND FOURTEEN AT 5:00 P.M. IN THE ROBERT C.
CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY
COURTHOUSE
PRESENT: Byron B. Bailey, Chairman
Rex W. Alphin, Vice-Chairman
Delores C. Darden
Alan E. Casteen
Rudolph Jefferson
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
At 5:00 p.m., the meeting was called to order by Chairman Bailey.
CLOSED MEETING
County Attorney Popovich requested a closed meeting pursuant to
Section 2.2-3711(A)(1) of the Code of Virginia to discuss the appointment of
specific appointees to County Boards/Commissions/Committees; under
Section 2.2-3711(A)(7) regarding consultation with legal counsel requiring the
provision of legal advice regarding contractual matters with the volunteer
organizations; pursuant to Section 2.2-3711(A)(7) concerning consultation
with legal counsel pertaining to actual litigation relating to a zoning violation;
pursuant to Section 2.2-3711(A)(7) concerning consultation with legal counsel
requiring the provision of legal advice regarding the proposed public ball field;
and, pursuant to Section 2.2-3711(A)(7) concerning consultation with legal
counsel requiring the provision of legal advice pertaining to contractual matters
related to solid waste disposal.
Chairman Bailey moved that the Board enter the closed meeting for the
reasons stated. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
2
Chairman Bailey moved that the Board return to open session. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Casteen moved that the following Resolution be 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: Bailey, Darden, Jefferson, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
//
3
At 6:00 p.m., Supervisor Darden delivered the invocation.
//
The Pledge of Allegiance to the Flag was conducted.
//
APPROVAL OF AGENDA
County Attorney Popovich requested an Item (E) - Staff Report
regarding County Bond Ratings be added under Special Presentations and Item
(A) be removed under the County Administrator's report; immediately
following Special Presentations, receive the staff presentations relating to
Items (B) and (C) under Old Business; and, under the County Administrator’s
report, remove Item (E), Public Private Partnership Fee Waiver Request from
the Rushmere Community Development Corporation.
Supervisor Alphin moved that the agenda be approved as amended. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
//
CONSENT AGENDA
A. Motion to Approve Tax Refund for Hines Design Labs ($5,910)
B. Motion to Approve Capital Funds Transfer for Medic Unit
C. Resolution to Return State Homeland Security Grant Award for CERT
Program ($8,293)
D. Resolution to Recognize Parks & Recreation Month in July
4
E. Resolution to Adopt the FY2014-15 Compensation and Classification
Plan
F. Resolution to Acknowledge School Board Election of VRS Contribution
Rate
G. August 20, 2013 Breeden (Eagle Harbor, Tract 8) Work Session Minutes
H. September 13, 2013 Special Meeting Minutes
I. November 7, 2013 Joint Meeting with the School Board
J. December 5, 2013 Special Meeting Minutes
Supervisor Alphin moved that the Consent Agenda be adopted with the
amended attachment to the FY2014-15 Position Classification and
Compensation Plan report. The motion was adopted by a vote of (5-0) with
Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
//
REGIONAL REPORTS
Supervisor Darden reported long range plans for regionalism were
discussed at the most recent meeting of the Hampton Roads Planning District
Commission.
Supervisor Darden reported that VDOT’s Six Year Plan; road
improvements; and, hurricane evacuation plans for the region were discussed
at the most recent meeting of the Hampton Roads Transportation Planning
Organization.
Supervisor Darden reported that Veterans will be in need of training due
to Federal downsizing. She advised that reduced budgets and additional BRAC
hearings are anticipated according to discussions at the most recent meeting of
the Hampton Roads Federal Facilities Alliance.
5
Supervisor Jefferson reported that the inmate population at the Western
Tidewater Regional Jail remains constant at 64% of total bed capacity; that the
Jail’s Operating Budget is $889,850; that an audit has been authorized to
identify areas of savings; that the Superintendent had an excellent work
evaluation; and, that the Jail continues to be well maintained.
//
APPOINTMENTS
Supervisor Casteen moved that Ron Harvey be appointed to represent
the Smithfield District on the Board of Assessors. The motion was adopted by
a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson
voting in favor of the motion ad no Supervisors voting against the motion.
Supervisor Jefferson moved that Otto Williams be appointed to represent
the Hardy District on the Board of Assessors. The motion was adopted by a
vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Alphin moved that Virginia Atwood be appointed to
represent the Carrsville District on the Board of Assessors. The motion was
adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
Supervisor Alphin moved that Chris Smith be appointed to serve as the
County’s interim representative to the Tidewater EMS Council Board of
Directors. The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Jefferson moved that Lilly White be appointed to serve on
the Blackwater Regional Library Board, replacing Hazel Edwards. The motion
was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen,
6
Darden and Jefferson voting in favor of the motion and no Supervisors voting
against the motion.
//
SPECIAL PRESENTATION/APPEARANCES
Lisa T. Perry, Director of Economic Development, reported on that
Department’s activities.
Danny Hughes, the Hughes Agency, was introduced as the Entrepreneur
of the Year.
Joe Lomax, VDOT Resident Engineer, briefed the Board on County-
related transportation matters.
The Board received a slide presentation of animals currently available
for adoption at the County’s animal shelter from Donald T. Robertson, Director
of Information Resources and Legislative Affairs.
The Board received a report on the County’s bond rating from Jimmy
Sanderson, Davenport & Company.
County Administrator Seward recapped the presentation made to the
Board at its previous meeting in an effort to address certain inaccuracies related
to the issue of the Facility Use and Vehicle Titling agreements.
//
CITIZENS’ COMMENTS
Albert Burckard, on behalf of the Carrollton Civic League, advised the
Board that the League, at its most recent meeting, voted unanimously to inform
the Board of its support for the Carrollton Volunteer Fire Department with
respect to the recent action of the County to repossess all fire engines,
ambulances, emergency vehicles and property, some of which have been paid
for by volunteers themselves and purchased by donated money from the
7
community or items donated by citizens in each district. He requested that the
Board reconsider its promise not to continue funding the volunteers and that
they be allowed to retain ownership and control of their own apparatus and
equipment.
Karen Brower of Carrollton shared her request that the Board delay its
vote on the Facility Use and Vehicle Titling agreements and continue dialogue
with the volunteer organizations to see if an agreement can be reached.
Herb DeGroft of Mill Swamp Road addressed the importance of
volunteerism in the County. He requested the Board to delay action on the
Facility Use and Vehicle Titling agreements and continue dialogue with the
various volunteer organizations.
Fred Mitchell, President of the Carrollton Volunteer Fire Department,
expressed his opposition to the proposed Facility Use and Vehicle Titling
agreements. He expressed his willingness to discuss the issue further with staff
and pointed out that not all of the seven (7) volunteer organizations will fit
under one (1) agreement.
John Springfield of Carrollton spoke in opposition to the proposed
Facility Use and Vehicle Titling agreements for the County’s volunteer
organizations.
Stan Clark, on behalf of the Isle of Wight Civic Association, read into
the record a resolution adopted unanimously by the Association at its June
meeting urging the Board to discontinue efforts relative to Facility Use and
Vehicle Titling agreements and work with these volunteer fire and rescue
organizations in a manner of trust and cooperation as in the past.
Bill Wady of Virginia Beach expressed concern with the Facility Use
and Vehicle Titling agreements as it may relate to the discontinuance of the
bluegrass music events he currently enjoys.
Christy Sprouls of Carrollton spoke in opposition to the proposed
Facility Use and Vehicle Titling agreements and in support of the Carrollton
Volunteer Fire Department.
8
Debbie Bales of Carrollton spoke in opposition to the proposed Facility
Use and Vehicle Titling agreements.
J. Brian Carroll, on behalf of the Isle of Wight Volunteer Rescue Squad,
spoke in favor of the Agreements.
Richard Cassell requested assistance from the County in getting the pipe
across Route 17 resized to allow for better drainage.
Supervisor Casteen moved that the County Administrator be authorized
to enter into a Fire and Rescue Vehicle Lease Agreement with the volunteer
fire and rescue squads, as presented, which asks for titling of the vehicles that
were funded in whole or in part by the tax payers. The motion was defeated
by a vote of (2-3) with Supervisors Darden and Casteen voting in favor of the
motion and Supervisors Bailey, Alphin and Jefferson voting against the
motion.
//
Chairman Bailey declared a break.
//
PUBLIC HEARINGS
A. Comprehensive Plan Amendment to Allow Single Family
Homes/Commercial Uses (Archers Meade).
Matthew Smolnik, Assistant Director of Planning and Zoning, briefed
the Board regarding the amendment request and advised that the Planning
Commission had recommended approval by a vote of 7-1.
Chairman Bailey called for persons to speak in favor of or in opposition
to the amendment.
9
Archer Jones, Attorney, representing the applicant, requested the Board
to approve the Comprehensive Plan amendment.
Chairman Bailey closed the public hearing and called for comments
from the Board.
Supervisor Casteen moved that the Comprehensive Plan be amended to
allow for Single Family Homes/Commercial Uses. The motion was adopted
by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and
Jefferson voting in favor of the motion and no Supervisors voting against the
motion.
B. Rezoning to Allow Single Family Homes/Commercial Uses (Archers
Meade).
Mr. Smolnik briefed the Board on the strengths and weaknesses of the
proposed rezoning and reviewed staff’s changes responsive to the Planning
Commission’s recommendation of denial of the rezoning to the Board.
Chairman Bailey called for persons to speak in favor of or in opposition
to the amendment.
Al Jones, applicant and property owner, requested the Board approve
the expansion request stating that it is hoped that any drainage problems being
experienced by Edgewood Estates and other residents in that area will be
solved or improved by the BMP expansion and the use of drop inlets.
Mitchell Wilcox, Commonwealth Engineering, advised that the
property will be designed to alleviate much of the existing drainage problems
and that the wetlands will be mitigated.
Bobby Fatell, owner of the BP gas station Carrollton Boulevard,
appeared and spoke in favor of the project.
Michael Johnson, New Town Haven Lane, appeared and spoke in favor
of the project.
10
John May of Creekside Drive in Smithfield spoke in favor of the project
noting a need for new detached single-family homes in the County.
Gloria Harris of Whippingham Parkway and adjacent property owner
spoke against the proposed project noting a concern with existing wetlands,
drainage problems and the potential for the creation of additional problems.
Ricky Harris of Whippingham Parkway and adjacent farm land owner
advised that water from the adjacent property has been directed to his property
causing him to have to build ponds and dig ditches.
Bill Herfert of Carrollton spoke in favor due to the increase in the tax
base.
Joseph Wilson of Oliver Drive in Smithfield spoke in favor of the
proposed development because of its ability to bring more affordable homes
into the County.
Ed Sadler of Suffolk spoke in favor of the proposed development and
introduced himself as a home builder who been asked to consider this a project
for his company. He confirmed that drainage is currently a significant issue
and stated he is confident that the County’s inspections department will expect
any drainage concerns to be addressed prior to the issuance of a Certificate of
Occupancy. He stated new regulations coming into effect July 1, 2014 will
change the way builders currently do business and he is confident that the
parameters for drainage and storm water retention will be addressed. He spoke
in favor of the proposed project as a good opportunity to provide quality work
force housing that is in strong demand.
Chairman Bailey closed the public hearing and called for comments
from the Board.
Following discussion on who will be responsible for stormwater and
erosion sediment control for this project and whether the application would fall
under current regulations or be grandfathered, Mr. Wilcox advised that the new
regulations primarily deal with water quality and time of release and not with
flooding or how water is channeled. He stated the pond will be expanded to
11
allow for additional water and water will drain through the existing pipe at a
slower speed.
Don Jennings, County Engineer, advised that the applicant has applied
for coverage under the current permit cycle and will be able to develop under
the existing regulations.
Chairman Bailey moved that the rezoning to allow single family
homes/commercial uses (Archers Meade) be approved. The motion was
adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
C. Change in Zoning Classification to Create Lot for Existing Single Family
Residential (Oliver).
Sandy Robinson, Planner, provided an overview of the application and
advised that the Planning Commission voted to recommend approval of the
withdrawal of the two (2) acres of land from the Longview Agricultural
Forestal District, the approval of the waiver to Section 4-3004 of the Zoning
Ordinance and the approval of the rezoning application. She advised that Mr.
Oliver could not be present to represent his application.
Chairman Bailey called for persons to speak in favor of or in opposition
to the proposed change in zoning classification.
No one appeared and spoke.
Chairman Bailey closed the public hearing and called for comments
from the Board.
Supervisor Darden moved that the change in zoning classification to
create a lot for existing single family residential (Oliver) be approved. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
12
D. Amendment to the County Code (Appendix B, Zoning) to Allow for
Exceptions to the Height Requirements for Fences or Walls for Electrical
Utility Stations or Substations; to Allow for Electronic Message Board
and Changeable Copy Signs; and to Allow for Towing Service Storage
Yards.
Mr. Rudnicki provided a staff report on the purpose of the proposed
amendments as recommended by the Planning Commission and staff.
Chairman Bailey called for persons to speak in favor of or in opposition
to the proposed amendment.
Shelly Campbell, Burnes & McDonald, spoke in support of the
proposed amendments.
Chairman Bailey closed the public hearing and called for comments
from the Board.
Supervisor Darden moved that the amendment to the County Code
(Appendix B, Zoning) be approved. The motion was adopted by a vote of (5-
0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in
favor of the motion and no Supervisors voting against the motion.
//
COUNTY ADMINISTRATOR’S REPORT
Charles Meek, Assistant to the County Administrator, provided a
PowerPoint presentation regarding staff’s recommendations to implement
twice annual billing for personal property, as precipitated by the County’s
recent financial challenge with its fund balance.
Chairman Bailey moved that staff be authorized to implement personal
property billing twice annually. The motion was adopted by a vote of (5-0)
with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor
of the motion and no Supervisors voting against the motion.
13
Mary Beth Johnson, Director of Human Resources, provided a
PowerPoint presentation on proposed amendments to the County’s Policy
Manual relative to annual leave.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE V,
SECTIONS 5.1 AND 5.2 OF THE COUNTY POLICY MANUAL
WHEREAS, the County has established guidelines for the accrual of
annual leave and payment of annual leave upon employment termination as
part of Chapter 1: Personnel, Article V, Sections 5.1 and 5.2 of the County
Policy Manual; and
WHEREAS, the Board of Supervisors desires to amend Chapter 1:
Personnel, Article V, Sections 5.1 and 5.2 of the County Policy Manual to
clarify the maximum number of annual leave hours that may be carried over
from one fiscal year to another and to provide for, in instances of reduction in
force, the payment of actual unused accrued annual leave with no maximum
cap enforced.
NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel,
Article V, Sections 5.1 and 5.2 of the County Policy Manual is hereby amended
as follows:
Chapter 1: Personnel
ARTICLE V
Leave Provisions
(Revised September 1, 2005, December 15, 2005, February 2, 2006,
April 5, 2007; October 2, 2008; January 8, 2009; June 19, 2014)
Section 5.1
(Revised April 5, 2007; June 19, 2014)
Calculated
14
Annual leave for regular full-time employees shall be calculated at the end of each pay
period in accordance with the following schedule:
Total Years Hours Days
Of Service Per Month Per Year Maximum
0 to 5 8 12 36 days 288 hours
5+ to 10 10 15 36 days 288 hours
10+ to 15 12 18 36 days 288 hours
15+ to 20 14 21 36 days 288 hours
20 or more 16 24 36 days 288 hours
Regular full-time employees on leave without pay for more than half of the workdays per
pay period will not accumulate annual leave hours for that pay period.
*Employees may exceed the maximum accrual amount of 36 days 288 hours during the
fiscal year; however, no more than 36 days 288 hours may be carried over from one fiscal
year to the next fiscal year. Any days hours over thirty-six (36) 288 hours will be
automatically added to the sick leave balance up to a maximum of eighty (80) hours per
fiscal year.
New Hires
New hires shall accrue annual leave for the month of initial hire according to the date of
hire as follows:
Date of Month Percent of Annual Leave Accrued
1st to 7th 100%
8th to 23rd 50%
24th to last 0%
Section 5.2
(Revised June 19, 2014)
Approval
The earliest possible notice, preferably two weeks, of intent shall be given by any employee
who is eligible to take annual leave. Annual leave taken without prior approval may not be
paid.
Each department shall be responsible for the scheduling of annual leave of its employees
and doing so without decreasing the operating efficiency of the department.
15
Employees shall be paid for unused accrued annual leave up to the allowed maximum of
36 days 288 hours at the time of retirement, resignation, termination, or death. In instances
of reduction in force, an employee shall be paid for their actual unused accrued annual
leave with no maximum cap enforced.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
//
Chairman Bailey declared a break.
//
County Administrator Seward presented a Resolution to Approve Fire
& Rescue Designated Emergency Response Agency Standard for the Board’s
consideration which has been reviewed and approved by all seven (7) of the
County’s volunteer organizations and recommended for adoption.
Supervisor Alphin moved that the following Resolution be adopted:
RESOLUTION TO ADOPT THE DESIGNATED EMERGENCY
RESPONSE PLAN STANDARD
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia recognizes the need to provide fire and emergency services to the
citizens of the county; and,
WHEREAS, the County of Isle of Wight has a responsibility to provide
for the safety and wellbeing of its citizens and visitors; and,
WHEREAS, the County’s Emergency Medical System is comprised of
career staff from the Department of Emergency Services and volunteer
personnel from the County’s seven fire and EMS volunteer agencies; and,
16
WHEREAS, the seven (7) volunteer agencies have agreed to operate
under the County’s Designated Emergency Response Plan Standard; and,
WHEREAS, Virginia Administrative Code (VAC) 12VAC5-31-610
requires that designated emergency response agencies shall develop or
participate in a written local EMS response plan, in coordination with their
locality.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of the County of Isle of Wight, Virginia officially adopts the Designated
Emergency Response Plan Standard.
BE IT FURTHER RESOLVED that the Chief of Emergency Services,
or his/her designee, is tasked and authorized to maintain and revise, as
necessary, this document.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Tony Wilson, Public Works Administrator, briefed the Board regarding
recently implemented changes in hours of operation at the various County
convenience centers.
Supervisor Darden requested shirts be provided to the convenience
center workers.
County Administrator Seward briefed the Board regarding the relocation
of several County departments in an effort to provide better services to the
businesses and citizens of the County.
Mark W. Furlo, Director of Parks and Recreation, provided a PowerPoint
presented on recommended strategies for Tyler’s Beach relative to the
replacement of the bulkhead, the dredging of channels, damage to the facility,
the need for slips, feral and stray animals, abandoned property, people living
on their boats and on the property, disorderly conduct, unregistered boats and
the failure to pay mooring fees, sunken and dilapidated boats.
17
General discussion followed concerning the proposed Park Ranger
position versus utilizing deputies on an overtime basis or hiring a part-time
Park Ranger, the need to dredge the harbor, the need to cut the grass and the
increase in fees.
Supervisor Jefferson moved that the issue be tabled until the Board’s July
17, 2014 meeting. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
//
UNFINISHED/OLD BUSINESS
Judy H. Winslow, Director of Tourism, recapped the efforts underway
with the County branding logo project entitled “Local Roots, Global Reach.”
Chairman Bailey moved that staff be authorized to immediately
implement the new logo with State designation and branding. The motion was
adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
//
NEW BUSINESS
Donald T. Robertson, Director of Information Resources and Legislative
Affairs, briefed the Board regarding the recent malfunction of the County’s
alert system which occurred during transition to the new system responsive to
an inquiry from Supervisor Alphin.
//
18
INFORMATIONAL ITEMS
County Administrator Seward noted the following items were included
in the agenda for the Board’s information: Western Tidewater Health District
Pilot Program-Business Hours; Social Services Monthly Report; Monthly
Reports: Delinquent Tax Information and Statement of Treasurer’s
Accountability; Employee Recognition Event; Transportation Matters
Quarterly Update; Blackwater Safety Review Update; Route 258 Safety
Review Update; and, Central Hill Baptist Church Safety/Signage Review
Update.
//
CLOSED MEETING
County Attorney Popovich requested a closed meeting pursuant to
Section 2.2-3711(A)(7) of the Code of Virginia regarding consultation with
legal counsel requiring the provision of legal advice regarding the proposed
ball field; under Section 2.2-3711(A)(7) regarding consultation with legal
counsel requiring the provision of legal advice regarding contractual matters
related to solid waste disposal.
Supervisor Casteen moved to enter the closed meeting for the reasons
stated. The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Casteen moved that the Board return to open session. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Casteen moved to adopt the following Resolution:
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
19
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: Bailey, Darden, Jefferson, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Casteen moved to authorize staff to expend the sum of dollars
relative to the settlement of the zoning violation case discussed in closed
meeting. The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
//
At 10:45 p.m., Chairman Bailey declared the meeting adjourned.
__________________________
Byron B. Bailey, Chairman
______________________
Carey Mills Storm, Clerk
1
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTEENTH DAY OF JULY IN THE
YEAR TWO THOUSAND AND FOURTEEN AT 5:00 P.M. IN THE
ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
COUNTY COURTHOUSE
PRESENT: Byron B. Bailey, Chairman
Rex W. Alphin
Delores C. Darden
Alan E. Casteen
Rudolph Jefferson
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Brandi Baker Mack, Deputy Clerk
At 5:00 p.m., the meeting was called to order.
//
Chairman Bailey moved that Brandi Baker Mack be appointed as the
Deputy Clerk to the Board of Supervisors. The motion was adopted by a vote
of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson
voting in favor of the motion and no Supervisors voting against the motion.
//
CLOSED MEETING
County Attorney Popovich requested a closed meeting pursuant to
Section 2.2-3711(A)(1) of the Code of Virginia concerning discussion
regarding the appointment of specific appointees to County
Boards/Commissions/Committees; pursuant to Section 2.2-3711(A)(1)
regarding discussions concerning the evaluations of two (2) specific Board of
Supervisors’ appointees; pursuant to Section 2.2-3711(A)(1) regarding
discussion regarding the performance and salaries of specific public
employees; pursuant to Section 2.2-3711(A)(7) concerning consultation with
2
legal counsel pertaining to probable litigation related to the Windsor
Sidewalk project where such consultation would adversely affect the
litigating posture of the County; pursuant to Section 2.2-3711(A)(7) related to
consultation with legal counsel requiring the provision of legal advice
regarding the ball field project; and, pursuant to Section 2.2-3711(A)(7)
concerning consultation with legal counsel requiring the provision of legal
advice regarding political party participation at the Isle of Wight County Fair.
Supervisor Casteen moved that the Board enter the closed meeting for
the reasons stated. The motion was adopted by a vote of (5-0) with
Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
Chairman Bailey moved that the Board return to open meeting. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Alphin moved that the following Resolution be 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.
3
VOTE
AYES: Bailey, Darden, Jefferson, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
//
At 6:00 p.m., Supervisor Jefferson delivered the invocation.
//
The Pledge of Allegiance to the Flag was conducted.
//
APPROVAL OF AGENDA
County Attorney Popovich requested that Dale Scott be appointed to
the Board of Assessors as the Windsor District representative under
“Appointments”; that Item 11B “Staff Report – Quarterly Financial Report”
be removed under the County Administrator’s report; and, that three (3)
closed meeting items be added at the end of the meeting.
Supervisor Alphin moved that the agenda be approved, as amended.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Jefferson offered a motion, but withdrew it, that Item 12B,
“Tyler’s Beach Solutions and Strategy” under Old Business be tabled for 30
4
days in order to allow for additional research to be done and other resources
to be gathered that can be entertained by the County.
//
CONSENT AGENDA
A. Resolution to Make a Contribution of the Allocated Cash and Gift Shop
Inventory of the Museum Fund to the Town of Smithfield
B. Motion to Amend the Uniform Fee Schedule of the Fiscal Year 2014-
2015 Operating and Capital Budget to Address Revisions to Certain
Planning and Zoning, Public Utilities and Stormwater Fees
C. December 19, 2013 Regular Meeting Minutes
D. January 2, 2014 Organizational Meeting Minutes
Supervisor Alphin moved that the Consent Agenda be adopted, as
presented. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
//
REGIONAL REPORTS
Supervisor Darden reported that the Hampton Roads Planning District
Commission had discussed Dutch dialogues with respect to what can be done
regarding the rise in sea water and flooding and water quality in the Cities of
Norfolk, Virginia Beach and Portsmouth. She further reported that the future
workforce in the Hampton Roads region, new job growth, housing types over
the next twenty (20) years and predictions associated with the upcoming
hurricane season were also discussed. She advised that the top five (5)
priorities of the area are economic development and housing, emergency
preparedness, unfunded mandates, sea level rise and flood mitigation and
regional branding and competitiveness.
5
Supervisor Darden reported that a member of the Commonwealth
Transportation Board had relayed at the most recent meeting of the Hampton
Roads Transportation Planning Organization that the Governor has
committed to Route 460 as an evacuation route. She advised that meetings
are scheduled for July 29th and July 31st about proposed corridor
improvements on Route 460 and VDOT’s progress in that regard and she
requested the Board members to mark their respective calendars and plan on
attending. She stated that hurricane preparedness was also discussed at that
meeting.
Supervisor Darden requested Chairman Bailey to mark his calendar for
the upcoming Hampton Roads Transportation Accountability Commission
retreat scheduled for August 3, 2014 so that the County can receive the
benefit of his vote on critical issues.
Supervisor Alphin reported on his attendance at the Western Tidewater
Regional Jail Authority meeting where certain statistical information had
been discussed. He further reported that a performance review of the Jail
Superintendent had been conducted and that he had received an excellent
review. He concluded his remarks advising that the Jail has a depleted
unassigned fund balance due to the decrease in Federal inmates and avenues
to increase the fund balance to 10% are currently being explored.
//
APPOINTMENTS
Chairman Bailey moved that Stacy Courter be appointed to the Board
of Assessors as the Newport District representative. The motion was adopted
by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and
Jefferson voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Darden moved that Dale Scott be appointed to the Board of
Assessors as the Windsor District representative. The motion was adopted by
a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and
6
Jefferson voting in favor of the motion and no Supervisors voting against the
motion.
//
SPECIAL PRESENTATION/APPEARANCES
The Board received a slide presentation of animals currently available
for adoption at the County’s animal shelter from Donald T. Robertson,
Director of Information Resources and Legislative Affairs.
//
CITIZENS’ COMMENTS
Albert Burckard of the Newport District chastised the Board for not
attending and properly representing the County at a meeting where the
Speaker of the House of the Commonwealth of Virginia was in attendance.
Sam Cratch of Carrollton addressed the Board regarding his opposition
to a proposed Facilities Use Agreement between the County and its volunteer
fire departments.
Fred Mitchell, President of the Carrollton Volunteer Fire Department,
requested the Board to do what is in the best interest of the citizens and cease
all bullying tactics with respect to the proposed Facilities Use Agreement.
Debbie Bales of Carrollton spoke in opposition to a Facilities Use
Agreement between the County and its volunteer fire and rescue
organizations.
//
PUBLIC HEARINGS
7
A. An Ordinance to Amend and Reenact the Chapter 15, Article 1, Section
15-5.3 of the Isle of Wight County Code to Provide for Semi-Annual
Billing of Tangible Personal Property
Charles Meek, Assistant to the County Administrator, responsive to the
Board’s action at its June 19, 2014 meeting, presented an ordinance
amendment to implement a plan for semi-annual personal property billing
which provides for taxes to be due on June 5th and December 5th of each year.
Chairman Bailey opened the public hearing and called for citizens to
speak in favor of or in opposition to the proposed ordinance amendment.
No one appeared and spoke.
Chairman Bailey closed the public hearing and called for comments
from the Board.
Supervisor Casteen moved that the following Ordinance be adopted:
ORDINANCE TO AMEND AND REENACT CHAPTER 15,
ARTICLE 1, SECTION 15-5.3 OF THE ISLE OF WIGHT COUNTY
CODE TO PROVIDE FOR SEMI-ANNUAL BILLING OF
TANGIBLE PERSONAL PROPERTY
WHEREAS, County taxes on personal property and machinery and
tools are currently due and payable on or before June 5 of the year in which
they are assessed; and,
WHEREAS, the County desires to amend the Isle of Wight County
Code to provide for semi-annual billing of tangible personal property and
machinery and tools.
NOW, THEREFORE, BE IT ORDAINED that Chapter 15, Article 1,
Section 15-5.3 of the Code of Isle of Wight County is hereby amended as
follows:
Sec. 15-5.3. Personal Property Tax
8
(a) County taxes on personal property shall be due and payable on or before
June 5 and on or before December 5 of the year in which the same are
assessed.
(b) Tangible personal property and machinery and tools shall be taxed as of
January first of each year. The status of all persons, firms, corporations
and other taxpayers liable to taxation on any such property shall be fixed
as of such date in each year and the value of such property shall be taken
as of such date.
(c) There shall be a personal property tax at a rate established each year by the
board of supervisors on motor vehicles, trailers and boats, (hereafter referred to
in this section as "taxable property") which have a situs within the county on
January 1 of each year and which acquire a situs within the county on or after
January the second of each year. When taxable property acquires a situs within
the county on or after January second, the personal property tax for that year
shall be assessed to the owner prorated on a monthly basis for the portion of
the tax year during which the taxable property has situs within the county.
When taxable property with a situs in the county is transferred to a new owner
within the county, the personal property tax shall be assessed to the new owner
prorated on a monthly basis for the portion of the tax year during which the
new owner owns the taxable property. For purposes of proration, a period of
more than one-half of a month shall be counted as a full month and a period
less than one-half of a month shall not be counted. All taxable property shall be
assessed as of January 1 of each year or, if it acquires situs or has its title
transferred after January 1, as of the first day of the month in which the taxable
property acquires situs within the county or has its title transferred. The owner
of taxable property acquiring situs within the county or to whom taxable
property is transferred shall file a declaration of property ownership to the
commissioner of revenue within thirty days of the date on which such property
acquires a situs within the county or has its title transferred to such owner.
(d) When any taxable property loses its situs within the county or its title is
transferred to a new owner, the taxpayer shall from that time be relieved
from personal property tax on such property and receive a refund of
personal property tax already paid, or a credit against personal property
taxes outstanding against the taxpayer, at the option of the commissioner
of revenue, on a monthly prorated basis, upon application to the
commissioner of revenue; provided, that application is made within one
year from the last day of the tax year which the taxable property lost situs
or had its title transferred.
9
(e) Any person who fails to pay personal property taxes on or before the date due
shall incur a penalty of ten percent of the tax due, or ten dollars, whichever is
greater; provided, however, that the penalty shall in no case exceed the amount
of tax due. Said sum shall become part of the taxes due. Interest at the rate of
ten percent per annum from the first day following the day such taxes are due
shall be paid upon the principal and penalties of such taxes remaining unpaid.
(f) An exemption from this tax and any penalties arising therefrom shall be
granted for any tax share or portion thereof during which the property was
legally assessed by another jurisdiction and proof is presented to the
commissioner of revenue indicating that such tax on the assessed property was
paid. (9-3-92; 2-4-93.)
NOW, THEREFORE, BE IT ORDAINED, that the Isle of Wight
County Board of Supervisors hereby amends Chapter 15,Article 1, Section
15-5.3 of the Isle of Wight County Code as prescribed above.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
B. An Ordinance to Amend and Reenact the Isle of Wight County Code
by Amending and Reenacting Appendix B, Zoning, Article VI.
Overlay Districts to Amend the Process for Review within the St.
Luke’s Historic District
Richard Rudnicki, Principal Planner, briefed the Board relative to the
proposed ordinance amendments with respect to the St. Luke’s Historic
District.
Chairman Bailey opened the public hearing and called for citizens to
speak in favor of or in opposition to the proposed ordinance amendment.
No one appeared and spoke.
Chairman Bailey closed the public hearing and called for comments
from the Board.
10
Supervisor Darden moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT
COUNTY CODE BY AMENDING AND REENACTING APPENDIX B,
ZONING, ARTICLE VI. OVERLAY DISTRICTS TO AMEND THE
PROCESS FOR REVIEW WITHIN THE
ST. LUKE’S HISTORIC DISTRICT
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has the legislative authority to make reasonable changes to the
ordinances that govern the orderly growth and development of Isle of Wight
County; and
WHEREAS, the Isle of Wight County Board of Supervisors is also
concerned about the compatibility of uses on public and private lands within
Isle of Wight County and seeks to allow flexibility in the administration of
the ordinance regulations while protecting the health, safety, and general
welfare of present and future residents and businesses of the County.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Article VI, Overlay Districts
of the Isle of Wight County Code be amended and reenacted as follows:
Sec. 6-3000. Historic Overlay (HO) District.
Sec. 6-3001. Purpose.
The Historic Overlay District zoning fulfills the goals and objectives
outlined in the county's comprehensive plan by establishing a means to
preserve and enhance historic buildings, structures and various historic
resources, identified as important elements of the county's cultural heritage,
through the use of sensitive land use planning and architectural review
procedures. The Historic Overlay District shall include designated areas
portions of Isle of Wight County where historic landmarks, buildings or
structures having an important historic interest are located. Such structures
shall be protected from destruction, damage, defacement and obviously
incongruous development or uses of land. It is also designed to require the
11
erection, reconstruction and alteration of other buildings and structures to be
architecturally compatible with the historic landmarks, buildings or structures
located therein.
Lastly, this district is established to facilitate the creation of a
convenient, attractive, and harmonious community as stated in Section 15.2-
2283 of the Code of Virginia through the establishment of design standards
that seek to preserve historic landmarks, buildings, structures or districts
(Section 15.2-2306 of the Code of Virginia). (7-7-05.)
Sec. 6-3002. Designation and location.
A. In accordance with the following/ criteria, historic districts shall be
designated and zoned by the board of supervisors around sites of historic
significance or interest and surrounding properties where the architectural
significance or development thereof would impact the site.
1. Sites of historic landmarks and landmark sites having important
historical, architectural, archaeological or cultural interest;
2. Buildings, structures or places in which historic events occurred or
having special public value because of notable architectural,
archaeological or other features relating to the cultural or artistic
heritage of the county of such significance as to warrant conservation
and preservation. (7-7-05.)
Sec. 6-3003. Historic architectural review committee.
For the purpose of providing oversight in the administration of historic
district provisions as outlined in this ordinance, the historic architectural
review committee shall have review and approval authority for determining
the architectural compatibility of new construction and exterior alterations
and/or restorations of existing structures within historic districts.
The committee shall be composed of five (5) members appointed by the
board of supervisors. At least one (1) member shall be an architect or an
architectural historian meeting the professional qualification standards of 36
CFR 61, Appendix A. At least two (2) review board members shall have
12
professional training or equivalent experience in any of the following
disciplines: architecture, history, architectural history, archaeology, or
planning.
When adequate review of any proposed action would normally involve a
professional discipline not represented on the review committee, the
committee must seek appropriate professional advice before rendering its
decision. Information on the credentials of all review committee members
shall be submitted to the state historic preservation office and shall be kept on
file locally for public inspection.
Exceptions to membership shall be approved by the department of historic
resources.
The committee shall have established bylaws and procedures for
conducting business. (7-7-05.)
Sec. 6-3004. Procedures for designation or amendment of a historic district.
A. Applications for the creation or amendment of a historic district, for the
designation of landmarks and landmark sites or for the withdrawal of such
designation, may be made by the historic architectural review committee,
the planning commission, the board of supervisors, the property owner, or
the owners of sixty percent (60%) of the lots within a proposed historic
district. The application shall be filed with the zoning administrator and
shall contain such information as the zoning administrator shall prescribe.
B. Upon receipt of an application, the zoning administrator shall refer such
application to the historic architectural review committee and the
planning commission.
C. The planning commission and the historic architectural review committee
shall hold a public hearing, which may be held jointly, to review such
application. Within one hundred (100) days after the public hearing, the
planning commission and the historic architectural review committee
shall forward their independent reports to the board of supervisors.
D. The reports shall address the effect of the designation of the proposed
district on future development of the county, and may address such other
matters as they shall deem appropriate. The commission and the
committee shall recommend to the board of supervisors that the proposed
13
district either be designated, be designated with altered boundaries, or not
be designated.
E. An application to withdraw the designation of an existing historic district
may be made when the original reason for the designation no longer
exists.
F. After receiving the reports and recommendations of the historic
architectural review committee and the planning commission, the board of
supervisors shall conduct a public hearing to consider the request for
designation or amendment of a historic district. (7-7-05.)
Sec. 6-3005. List of historic districts.
The following historic districts are designated within Isle of Wight
County:
A. Courthouse
B. Fort Boykins
C. Fort Huger
D. St. Luke's
The official boundaries of all historic districts shall be delineated on the
official zoning maps of Isle of Wight County. (7-7-05.)
Sec. 6-3006. Erection and reconstruction of buildings and structures within
designated historic districts.
No building or structure, including signs, shall be erected, reconstructed,
substantially altered or restored within any historic district unless the same is
approved by the historic architectural review committee as being
architecturally compatible with the historic landmark, building or structure
therein.
The following exemptions shall not require committee approval:
14
A. Minor exemptions.
1. Repainting resulting in the same or substantially the same color.
2. Replacement of windows, storm windows and doors using the
same materials, profile and sash configuration as existing
windows, storm windows, and doors. Addition or deletion of
window air conditioners.
3. Replacement of sign face which does not alter the size, type, or
placement of an existing sign structure and does not significantly
alter the character of the district.
4. Addition or deletion of television or radio antennas, skylights,
solar collectors, or satellite dishes in locations not visible from a
public street.
5. Planting of grass, trees and shrubs, but not including landscape
treatment which substantially alters the contour of a landmark site.
6. Permitted outside storage which is not visible from a public street.
7. Any interior changes to a structure.
B. Development within the St. Luke’s Historic District may be reviewed and
approved administratively by the Zoning Administrator, if the Zoning
Administrator determines that the development is in compliance with the
St. Luke’s Historic District Design Guidelines. If the Zoning
Administrator determines that the proposed development is not in
accordance with the approved design guidelines, then it shall be referred
to the Historic Architectural Review Committee for their review and
approval.
C. Notwithstanding the above, the zoning administrator shall have the
authority to order that work be stopped and that an appropriate application
be filed for review in any case where the action may produce arresting
effects, extreme contrasts of materials or colors, intense colors or patterns,
or incongruous details inconsistent with the character of the present
structures or with the prevailing character of the surrounding historic
district. (7-7-05, TBD)
15
Sec. 6-3007. Demolition of buildings within designated historic districts.
No historic landmark, building or structure within any historic district
shall be razed or demolished unless approved by the historic architectural
review committee.
Penalties for violations of this requirement shall be imposed in
accordance with the provisions of the Code of Virginia, Section 15.2-819. (7-
7-05.)
Sec. 6-3008. Guidelines for review of applications for new construction,
alteration, renovation, and demolition within designated historic districts.
A. The historic architectural review committee shall review and decide on all
applications for new construction, alterations, renovations and
demolitions within historic districts in accordance with the following
criteria:
1. Exterior architectural features, including signs;
2. General design, scale and arrangement;
3. Texture, material and color;
4. Relation of above factors to buildings or structures in the immediate
surroundings;
5. Extent to which the historic or architectural value and significance of
the building or structure and its relationship to the historic or
architectural value would preserve or protect historic sites, buildings,
structures or area;
6. Extent to which preservation and protection would promote the
general welfare of the county;
7. Compatibility of planned improvements and renovations with the
architectural and historic quality, character and scale of a historic
building or structure;
8. Effect of the building, structure or place on the comprehensive plan's
goals for tourism, economic development and residential land uses in
and around the historic district, landmark, building, structure or site;
16
9. Compatibility of the proposed building, structure or site with the goals
for historic preservation as contained in the comprehensive plan. (7-7-
05.)
Sec. 6-3009. Applications for new construction, alteration, renovation, and
demolition within designated historic districts.
A. Applications shall be submitted to the zoning administrator for review by
the historic architectural review committee.
B. Applications shall include the following:
1. Statement of proposed use and user.
2. Statement of estimated construction time.
3. Photographs and maps relating proposed use to the surrounding
property and/or district in which it is located.
4. Site plan drawings, showing the location of the existing and proposed
building and site improvements, including:
a. Existing property boundaries, building placement and site
configuration,
b. Existing topography and proposed grading,
c. Location of parking, pedestrian access, signage, exterior lighting,
fencing and other site improvements,
d. Relationship to adjacent land uses,
e. Proposed site improvements, including location of parking,
pedestrian access, signage, exterior lighting, fencing, buildings and
structures and other appurtenant elements, and
f. Proposed building color and materials.
5. Architectural drawings showing plan view and elevations of new
planned construction or renovations, including drawings or original
buildings.
6. A landscaping and buffer plan.
17
7. Designs for exterior signage, lighting and graphics, to include
description of materials, colors, placement and means of physical
support, lettering style and message to be placed on signs. (7-7-05.)
Sec. 6-3010. Action by the historic architectural review committee on
applications for new construction, alteration, renovation, and demolition.
A. The historic architectural review committee shall take action on a
completed application within one hundred (100) days after the receipt by
the zoning administrator.
B. The committee shall meet with the applicant to review the application
prior to rendering any decision.
C. In considering such application, the committee shall be guided by the
criteria as outlined in section 6-3008. (7-7-05.)
Sec. 6-3011. Appeals.
A. Appeal of historic architectural review committee decision.
1. Any person aggrieved by any decision of the historic architectural
review committee may appeal such decision to the board of
supervisors, provided that such appeal is filed within fourteen (14)
calendar days from the date of notification of the historic architectural
review committee decision.
2. The board of supervisors shall consult with the historic architectural
review committee in relation to any appeal and may require
documentation of any historic architectural review committee decision
prior to hearing the appeal. The board of supervisors may affirm,
reverse or modify the historic architectural review committee decision
and shall notify the zoning administrator of its action.
B. Appeal of board of supervisors decision. ..... Any person aggrieved by any
decision of the board of supervisors may appeal such decision to the
circuit court for the County of Isle of Wight provided that such appeal is
filed within thirty (30) days after the final decision is rendered by the
board of supervisors. Filing of the petition shall stay the decision of the
board of supervisors pending the outcome of the appeal to the circuit
18
court, except that the time of such petition shall not stay the decision of
the board of supervisors if such decision denies the right to raze or
demolish a historic landmark, building or structure. (7-7-05.)
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
C. An Ordinance to Amend and Reenact the Isle of Wight County Code
by Amending and Reenacting Appendix B, Zoning, Articles III, IV and
V for Expanding the Residential, Civic, Commercial and Miscellaneous
Use Types in the RAC Zoning District.
Beverly H. Walkup, Director of Planning and Zoning, briefed the
Board regarding the proposed amendment to the Zoning Ordinance.
Chairman Bailey opened the public hearing and called for citizens to
speak in favor of or in opposition to the proposed ordinance amendment.
No one appeared and spoke.
Chairman Bailey closed the public hearing and called for comments
from the Board.
Supervisor Alphin moved that the following Ordinance be adopted:
An ordinance to amend and reenact the Isle of Wight County Code by
amending and reenacting Appendix B, Zoning, Articles III, Use Types,
Section 3-3000 (Residential Use Types), Section 3-4000 (Civic Use Types),
Section 3-6000 (Commercial Use Types), and Section 3-8000 (Miscellaneous
Use Types); Article IV, Zoning District and Boundaries, Section 4-2002
(Permitted Uses) and Section 4-2003 (Conditional Uses); and Article V,
Supplementary Use Regulations, Section 5-2000 (Supplementary Density and
Dimensional Regulations), Section 5-5002 (Supplementary Use Regulations
for Residential Use Types), Section 5-5005 (Supplementary Use Regulations
for Commercial Use Types), Section 5-5007 (Supplementary Use
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Regulations for Miscellaneous Use Types), for expanding the Residential,
Civic, Commercial and Miscellaneous use types in the RAC zoning district.
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has the legislative authority to make reasonable changes to the
ordinances that govern the orderly growth and development of Isle of Wight
County; and
WHEREAS, the Isle of Wight County Board of Supervisors is also
concerned about the compatibility of uses on public and private lands within
Isle of Wight County and seeks to allow flexibility in the administration of
the ordinance regulations while protecting the health, safety, and general
welfare of present and future residents and businesses of the County.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Article III, Use Types,
Section 3-3000 (Residential Use Types) and Section 3-4000 (Civic Use
Types) of the Isle of Wight County Code be amended and reenacted as
follows:
Sec. 3-3000. Residential use types.
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 housekeeping 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
20
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 instruments pursuant to the provision of Chapter 4.2 of Title 55
of the Code of Virginia.
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 space 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 yards 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
21
retarded, or developmentally disabled persons reside, with one (1) or more
resident counselors or other staff persons, and licensed by the Virginia
Department of Mental Health, 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" as
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 I.\ An accessory use of a residence for gainful
employment involving the provision of goods and/or services in accordance
with subsection 5-5002.J, and which affords the greatest degree of protection
to surrounding residents in those areas which are developing and becoming
more suburban in nature.
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.J, 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.
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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
(single-wide) 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.)
Sec. 3-4000. Civic use types.
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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.
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.
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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,
fraternal/sororal 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
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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.
Post office.\ Postal services directly available to the consumer operated by the
United States Postal Service.
Public assembly.\ 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
26
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-hour 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
27
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.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Article III,
Use Types, Section 3-6000 (Commercial Use Types) of the Isle of Wight
County Code be amended and reenacted as follows:
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,
massage parlor, drug paraphernalia store, or tattoo parlor.
Agricultural service.\ 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.
Antique shop.\ A place offering primarily antiques for sale. An antique for
the purposes of this ordinance shall be a work of art, piece of furniture,
decorative object, or the like, of or belonging to the past, at least thirty (30)
years old.
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Auction establishment.\ A structure or enclosure where goods and/or
livestock 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
29
primarily used for recreational purposes and retains an open air or natural
character.
Car wash.\ Washing and cleaning of vehicles. Typical uses include automatic
conveyor machines and self-service car washes.
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 as 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 operated by a commercial entity that are open to the general
public usually requiring membership or some form of payment.
30
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, air 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 (10) percent 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.
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
31
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
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.
32
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.
33
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.
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, 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.
34
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.\ 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.
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.
35
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.
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,
36
unless also authorized and approved as a commercial kennel. (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.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight
County Board of Supervisors that Appendix B, Zoning, Article III, Use
Types, Section 3-8000 (Miscellaneous Use Types) of the Isle of Wight
County Code be amended and reenacted as follows:
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.\ 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
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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.
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.\ 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. (7-7-05; Ord. No. 2013-1-C, 4-18-13.)
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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.
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning (Zoning
Districts and Boundaries), Section 4-2002 (Permitted Uses) and Section 4-
2003 (Conditional Uses) of the Isle of Wight County Code be amended and
reenacted as follows:
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:
* Agriculture
• Agricultural farming operation
• Grain dryer and related structures
• Fertilizer storage
• Assembly and repair of farm equipment
• Accessory petroleum storage
• Livestock operation
• Agricultural service towers and antennas
Aquaculture
* Commercial feedlot
Farmer's market
Farm winery
* Forestry operation
• Forestry, silvicultural
• Timbering
Greenhouse, private
Lawn and garden services
* Livestock auction market
* Sawmill
* Stable, commercial
• In conjunction with residence
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• Not in conjunction with a residence
* Stable, private
* Wayside stand
B. Residential uses:
* Accessory apartment
*Boathouse
• Residential accessory apartment
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:
* Cemetery
• Private
Park and ride facility
Post office
Public safety service
* Utility service/minor
D. Commercial uses:
* Construction office, temporary
*Taxidermy
Veterinary hospital/clinic
E. Miscellaneous uses:
* Amateur radio tower
Hunt club
*Turkey shoot
(7-7-05; 11-15-07; Ord. No. 2011-11-C, 7-7-11.)
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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:
* Farm employee housing
B. Residential uses:
* Dwelling, two-family
*Dwelling, multifamily conversion
C. Civic uses:
*Administrative service
* Adult care center
Assisted living facility
* Cemetery
• Animal
• Church
• 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
*Nursing home
Public assembly
* Public maintenance and service facility
* Public park and recreational area
* Religious assembly
*Transit station
* Utility service/major
D. Office uses:
Medical office
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E. Commercial uses:
* Agricultural service • Commercial assembly and repair
• Farm and forestry implement storage, sales, and service
Auction establishment
* Antique shop
* Bed and breakfast
Business or trade school
* Campground
*Campground, workforce
*Commercial equipment repair, accessory to dwelling
* Commercial indoor sports and recreation
* Commercial outdoor entertainment/sports and recreation
* Commercial outdoor swimming pool and tennis facility
* Contractor office and storage facility
* Crematorium
Equipment sales and rental
* Garden center
General store, country
* Golf course
* Golf driving range
* Kennel, commercial
Lawn and garden services
* Marina
F. Industrial uses:
* Abattoir or livestock processing
* Construction yard
Convenience center
Custom manufacturing
Industry, type 1
* Landfill, industrial
* Landfill, rubble
* Landfill, sanitary
*Recycling center
* Resource extraction
* Scrap and salvage service
Transfer station
Warehousing and distribution
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G. Miscellaneous uses:
* Aviation facility, commercial
* Aviation facility, general
* Aviation facility, private
* Communication tower
Composting system, confined vegetative waste or yard
* Reconstructed wetland
* Shooting range, outdoor
(7-7-05; 11-15-07; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-1-C, 4-18-
13.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Article V,
Supplementary Use Regulations, Section 5-2000 (Supplementary Density and
Dimensional Regulations) of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 5-2000. Supplementary density and dimensional regulations.
A. Accessory building requirements.
1. The following provisions shall regulate the location of accessory
buildings with respect to required yards:
a. Accessory buildings shall be prohibited in any required yard which
adjoins a 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.
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.
C. Building height limitations.
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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. ..... Not withstanding 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).
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6. Towers and antennas are allowed to the extent authorized in each
zoning district.
E. Building setback requirements. ..... No portion of any building or other
structure may be located on any lot closer to any lot line or to the street right-
of-way line than is authorized in each zoning district.
1. Future highway rights-of-way. ..... Wherever future highway rights-of-
way have been established by official action by the board of supervisors or
the Virginia Department of Transportation, these rights-of-way shall be used
as the basis for determining required setbacks.
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 (50%) of
the lots within a block, and the average front yard depth of the existing
buildings or structures is less than that required by this ordinance, the average
so established may be taken in lieu of that which is normally required,
provided that in no case shall a front yard depth so determined be less than
twenty (20) feet, or less than the setback line denoted on a recorded
subdivision plat, whichever is greater. For the purpose of this calculation, lots
on the same side of a 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.
1. Side yards decreased for narrow lot. ..... For each foot by which a
nonconforming lot of record at the time of enactment of this ordinance is
narrower than fifty (50) feet, and where the owner of record does not own
any adjoining property, one and one-half (1½) inches may be deducted from
the required minimum width of any side yard for building not exceeding two
45
and one-half (2½) 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 shortest of the two (2) sides fronting on the streets.
4. Side yard exceptions for attached dwellings. ..... In the case of attached
dwelling units, the entire structure shall be considered as a single building
with respect to side yard requirements.
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 (2½) feet in height in any required front yard, except that fences
having a uniform open area of fifty percent (50%) or more may be erected to
a maximum height of four (4) feet in such required yards.
b. On parcels zoned for or occupied by any use other than a single-family
or two-family dwelling, no fence or wall that creates a solid screen may
exceed three and one-half (3½) 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.
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,
46
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.
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
47
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 residence(s) of a single-family dwelling shall be allowed to
encroach into the required front yard setback. The ramp must be built in
accordance with the American Disabilities Act as it pertains to wheelchair
accessibility. In no instances shall the ramp be covered.
I. Frontage.
1. 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 permit shall be used for an additional single-family
dwelling except as specifically permitted in this ordinance. Where a new
residence is intended to replace an existing unit, the demolition permit for the
existing unit shall be issued by the building official prior to or at the same
time as the zoning permit for the new dwelling.
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.
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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.
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.
1. 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
49
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 (¼) mile owned or operated by essentially the same
establishment, as determined by the zoning administrator. (7-7-05; 4-19-07.)
R. 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.
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Article V,
Section 5-5002 (Supplementary Use Regulations for Residential Use Types)
of the Isle of Wight County Code be amended and reenacted as follows:
Sec. 5-5002. Supplementary use regulations for residential use types.
50
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:
1. Residential accessory apartment. ..... Where allowed as a permitted or a
conditional use in the underlying zoning district, the following shall apply:
a. Location.
i. An accessory apartment may be located either in a primary dwelling
unit or in an accessory structure on the same lot or parcel as the primary
dwelling.
ii. The owner of the residential dwelling unit shall occupy at least one (1)
of the dwelling units on the premises.
b. Minimum lot size. The minimum lot size required for an accessory
apartment is one hundred fifty percent (150%) of the minimum lot size
required for the zoning district in which the use is located.
c. Setback requirements. An accessory apartment shall meet the setback
requirements of the underlying zoning district for the primary dwelling.
d. Apartment size.
i. Minimum floor area: Three hundred (300) square feet.
ii. 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 percent (30%) of the living area of the primary dwelling,
excluding garages, breezeways, etc., whichever is less. The maximum floor
area of an accessory apartment in an accessory building shall not exceed fifty
percent (50%) of the floor area of the accessory building.
e. Maximum number of bedrooms. No more than two (2) bedrooms are
permitted in an accessory apartment.
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f. Maximum number of accessory apartments. No more than one (1)
accessory apartment is permitted per parcel.
g. Exterior appearance. If an accessory apartment is located in the primary
dwelling, the apartment entry shall be located on the side or rear of the unit,
and its design shall be such that the appearance of the dwelling will remain as
a single-family residential structure. No accessory apartment shall be attached
to a primary dwelling by open walkways, breezeways, patios, decks, etc.
h. Water and sewer service. Approval of the water supply and sewage
disposal shall be obtained from the Isle of Wight County Department of
Health or the Department of Public Utilities.
i. 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. Setback requirements. A commercial accessory apartment shall meet
the setback requirements of the underlying zoning district for a primary
commercial use.
d. Maximum floor area.
i. The maximum floor area of an accessory apartment located above a
commercial unit shall not exceed fifty percent (50%) of the entire unit.
ii. The maximum floor area of an accessory apartment located to the rear
of a commercial unit shall not exceed thirty-five percent (35%) of the entire
unit.
e. Maximum number of bedrooms. No more than two (2) bedrooms are
permitted in an accessory apartment.
f. Maximum number of accessory apartments. No more than one (1)
accessory apartment is permitted per commercial use.
g. 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.
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ii. No accessory apartment shall be attached to a commercial unit by open
walkways, breezeways, patios, decks, etc.
h. Water and sewer service. Approval of the water supply and sewage
disposal shall be obtained from the Isle of Wight County Department of
Health or the department of public utilities.
i. Parking. Parking for the apartment must be located to the rear or side of
the commercial unit. Each apartment must be provided two (2) parking
spaces in addition to what is required for the commercial use.
B. Boathouse.
1. A boathouse, 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 where
there is no existing residence.
C. Community recreation.
1. 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.
5. Recreational structures for indoor recreation shall meet the required
setbacks of the underlying zoning district for a primary use.
6. Pedestrian access to community recreational areas shall be provided
throughout the entire development.
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.
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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%) may be granted
administratively if the development contains bike paths and a bike parking
area. This reduction does not apply to the requirements for employee
vehicular parking, or to any community recreational facility open to the
general public.
9. A landscaped buffer shall be provided for all community recreational
uses in accordance with the requirements for civic use types in article VIII.
a. Tot lots developed separately from other recreational areas may be
exempt from landscaping requirements.
10. Lighting shall be installed in accordance with article XI and shall be
arranged to shine inward so that it does not reflect onto adjacent properties or
impair the safe movement of traffic.
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:
1. Minimum area and setback requirements.
a. Conversions into two (2) dwelling units shall require at least one
hundred fifty percent (150%) of the minimum lot size in the district in which
it is located.
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.
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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. Minimum lot size. ..... A two-family duplex dwelling unit shall be
allowed only on lots having at least one hundred fifty percent (150%) of the
minimum lot size in the district in which it is located.
2. Yard setback. ..... All setbacks and other requirements in the district in
which it is located shall apply, except that the side yard along a common wall
separating the two (2) units shall be zero (0) feet.
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.
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.
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1. Location. ..... A guest house shall be located in an accessory structure
in the rear yard of the primary structure.
a. The owner of the lot or parcel must occupy the primary dwelling.
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.
6. Maximum number of bedrooms. ..... No more than two (2) bedrooms
are permitted in a guest house.
7. Maximum number of guest houses. ..... There shall be no more than one
(1) guest house permitted per residential lot or parcel.
8. Exterior appearance. ..... The design of a guest house shall maintain and
enhance the character and exterior appearance of the primary dwelling.
9. Water and sewer service. ..... Approval of the water supply and sewage
disposal shall be obtained from the Isle of Wight County Health Department
or the Isle of Wight County Department of Public Utilities.
I. Home occupation, Type I and Type II.
1. 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 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.
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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 RR.
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The following is a representative listing of uses that may be conducted as
Type II home occupations within the limits established in this section,
however, uses not listed below require a specific letter of confirmation from
the zoning administrator:
• All Type I uses
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• Heating, plumbing, or air conditioning services
Landscape and horticultural services
Limousine service
Machine shop/metal 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 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
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• 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 fire arms, gunsmiths
• Bed and breakfast
• Fortune-teller, including a clairvoyant, a practitioner of palmistry, a
phrenologist, a faith healer, a star analyst, a handwriting analyst who attempts
to predict the future or any other person who attempts to predict the future
• Tattoo parlors
6. General standards for all home occupations.
a. The maximum floor area devoted to home occupations shall not exceed
twenty-five percent (25%) of the finished floor area of the dwelling unit.
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
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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 sixty (60) dB(A) measured at the property line, or
vibration, glare, noxious fumes, or electrical interference detectable to the
normal senses off the premises or through common walls. In the case of
electrical interference, no equipment or process shall be used which creates
visual or audible interference in any radio or television receivers off the
premises or through common walls.
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.
l. All state, federal and local licenses and/or permits shall be obtained
prior to operation.
7. Specific standards for Type I home occupations.
a. Home occupations shall be confined to the primary dwelling. To
conduct a home occupation in an accessory building, a conditional use permit
must be obtained from the board of supervisors pursuant to section 1-1017
b. No one other than permanent residents of the dwelling shall be engaged
or employed in such occupation.
c. There shall be no display or storage of goods or products visible from
the public right-of-way or adjacent property.
d. Lessons in the applied arts shall be permitted, provided the class size
for any lesson does not exceed 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.
8. 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.
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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%) of the finished floor area of the dwelling unit.
J. 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 permitted by the underlying
district, except in planned development manufactured home parks.
For the purposes of this section, the following shall apply:
1. 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;
5. The manufactured home is constructed on a permanent footing that
meets the requirements of the building code. The foundation wall shall be a
continuous, masonry foundation, unpierced except for required ventilation
and access and shall be installed prior to occupancy; and
6. The tongue, axles, transporting lights, and towing apparatus are
removed after placement on the lot and before occupancy.
L. Manufactured home, Class B.
1. 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:
a. The manufactured home is the only residential structure located on the
lot or parcel.
b. The manufactured home is constructed on a permanent footing that
meets the requirements of the building code. Skirting may be permitted
around the perimeter of the foundation.
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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 determines that the proposed
manufactured home otherwise complies with the zoning ordinance, and the
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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 permits for temporary residences, while repairing a permanent
residence shall expire within one (1) year after the date of issuance. No
extension shall be considered unless substantial construction has been
initiated on the permanent residence. One (1) extension not exceeding ninety
(90) days may be granted by the zoning administrator if it is determined that
such additional time is required to reasonably complete the construction,
repair or renovation of the permanent residence.
2. All permits issued for temporary residence while constructing a new
replacement residence shall expire within two (2) years after the date of
issuance. No extension shall be considered unless substantial construction has
been initiated on the 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.
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.
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i. Minimum lot area: Fifteen thousand (15,000) square feet. (Note:
Multifamily dwellings located on less than three (3) contiguous 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 (40%) of the total tract area.
6. 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
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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.
14. Architectural treatment: ..... The following architectural treatments
shall be incorporated into all multifamily developments:
a. Developments shall possess architectural variety but enhance an overall
cohesive residential character. This character shall be achieved through the
creative use of design elements such as balconies and or/terraces, articulation
of doors and windows, varied sculptural or textural relief of facades, and
architectural ornaments, varied rooflines or other appurtenances such as
lighting fixtures and/or plantings, and where applicable varied placement of
front entryways.
b. Pedestrian pathways shall be used to 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. Temporary emergency housing.
1. 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.
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e. No action under these provisions shall authorize permanent
improvements or establishing a use in violation of this ordinance or any other
law.
3. Temporary emergency housing, used during reconstruction or
replacement of an uninhabitable dwelling lost or destroyed by fire, flood, or
other unforeseen and sudden acts of nature.
a. The zoning administrator may authorize the emergency use of a
temporary emergency housing on a lot, if the building official certifies that
the permanent dwelling on the lot is uninhabitable.
b. Only one (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.
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.
Q. 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.
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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%) of the total tract areas.
6. Building requirements and relationship:
a. Dwelling units per townhouse structure and length of structure. ..... No
more than eight (8) dwelling units shall be contained in a townhouse
structure. The maximum length of any townhouse structure shall not exceed
two hundred (200) feet.
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 contained within a townhouse cluster, the above
distances may be reduced to twenty-five (25) feet and forty (40) feet,
respectively.
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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.
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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.
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
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planted. Garages shall not protrude beyond the farthest wall of the residential
building on the same side.
d. In instances where front entryways are placed in the front yard of a
townhouse, garages shall not protrude forward beyond the front door of the
housing unit.
e. Pedestrian pathways shall be used to link all buildings, green spaces,
and recreational areas within the development. Buildings shall be linked to
sidewalks and to each other as appropriate. These walkways shall be
landscaped and lighted. (7-7-05.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Article V,
Supplementary Use Regulations, Section 5-5005 (Supplementary Use
Regulations for Commercial Use Types) of the Isle of Wight County Code be
amended and reenacted as follows:
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)
identifies such uses subject to the following standards:
1. No such regulated use shall be permitted:
a. Within one (1) mile of any other existing adult entertainment
establishment; and
b. Within one (1) mile of any residential zoning district, planned
development residential district;
c. Within one (1) mile of any of the following uses:
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
iii. Community recreation, public parks and recreational areas, or cultural
services.
The separation and distances specified in this subsection shall be measured
from property lines, or in the case of zoning districts, from the outward
boundary of that district.
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2. 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.
3. Discontinuance of operation. Should a use defined as an adult
entertainment establishment cease or discontinue operation for a period of
ninety (90) or more consecutive days, it may not resume, nor be replaced by
any other adult entertainment establishment unless it complies with the
requirements set forth above.
B. Antique shop.
1. The following shall apply to all antique shops:
a. The outdoor display of goods or merchandise for sale shall be
prohibited.
2. The following shall apply in the RAC and VC zoning districts:
a. The use of an existing structure shall be permitted provided adequate
off-street parking is provided in accordance with this ordinance.
b. Direct access to the property shall be provided from a publicly owned
and maintained road, and use of a private road in conducting this business,
other than a driveway for sole use of the owner/occupant of the property,
shall be prohibited.
C. Bed and breakfast. ..... Bed and breakfasts shall comply with the
following standards:
1. 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;
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4. One (1) off-street parking space for each guest bedroom shall be
provided in a side or rear yard;
5. Meal service is limited to one (1) daily meal between 6:00 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.
D. Campground. ..... All campgrounds shall meet the following
requirements:
1. 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. Each camping site shall provide a minimum of nine hundred (900)
square feet.
c. The camping site shall either provide a parking space for one (1) motor
vehicle that will not interfere with the convenient and safe movement of
traffic, or provide equivalent parking of one (1) parking space per camping
site in a central area.
3. Setbacks.
a. Minimum setback of all camping sites or pads from:
i. 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.
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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) flush type toilet,
ii. One (1) lavatory, and
iii. One (1) shower with hot and cold running water for males; and one (1)
of each for females.
Such equipment shall be in accordance with county and state codes. All
portions of the structure shall be properly protected from damage by ordinary
uses and by decay, corrosion, termites, and other destructive elements.
Exterior portions shall be of such material and be so constructed and
protected as to prevent entrance or penetration of moisture and weather.
6. Recreation area. ..... A minimum of fifty percent (50%) of the total
campground shall be reserved for open space and developed recreational area
and shall not include any land required for individual campsites, roads or
service area.
7. 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.
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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.
10. Special conditions. ..... Campgrounds shall follow the regulations set
forth in section 1-1017 for conditional uses.
E. 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 Surry Nuclear Power Plant
and similar facilities during outages, which require skilled and semi-skilled
labor to seek temporary short term housing in the community.
2. General standards:
a. Minimum Lot Size: 5 acres
b. The maximum number of campsites shall be ten sites.
c. No campsite shall be located within 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 10 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 120 days. The Zoning Administrator has
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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. The 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.
F. Commercial equip repair, accessory to dwelling.
1. The operation and use shall not occupy a building larger than
2,000 square feet.
2. Outdoor storage shall be prohibited.
G. 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 sheriff's office for
review and comment. Such use shall be designed to eliminate all danger from
flying projectiles, as deemed necessary by the county sheriff.
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.
H. 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.
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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.
I. 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.
J. 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.
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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.
K. 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 district, in addition to
meeting the landscaping zone requirements of article VIII.
L. 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.O., the supplementary use standards for
a gasoline station.
b. The outdoor display of goods for sale shall be prohibited.
M. 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.
N. 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.
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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.
O. Funeral home (as a conditional use).
1. The use of a tract or parcel of land or buildings for a funeral home may
be allowed when identified in the zoning district(s) regulation(s) as a
conditional use upon a finding by the board of supervisors with a
recommendation by the planning commission that:
2. The use will not create excessive noise, traffic, or type of a physical
activity.
3. Special conditions, such as provisions for additional fencing or planting
or other landscaping, additional setback from property lines, location,
arrangement of lighting and parking areas, and other reasonable requirements
deemed necessary to safeguard the general community interest and welfare,
may be invoked by the board of supervisors with a recommendation from the
planning commission as requisites to the granting of a conditional use.
P. 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.
Q. Gasoline station.
1. The following shall be required for all gasoline station uses:
a. In addition to the buffer zone planting requirements of article VIII,
screening with a solid, durable wall or a substantial, solid fence, not less than
six (6) feet in height shall be provided in the buffer zone. Required buffer
zone plantings shall be located between the solid screen and the adjacent
properties. Such additional screening may be waived by the board of
supervisors when the natural terrain or existing vegetation provides an
effective buffer.
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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.
e. There shall be at least twenty (20) feet between driveways on each
street and all driveways shall be perpendicular to the curb or street line.
f. Light motor vehicle repair work may be done at a motor vehicle fuel
and service station, provided that no major repairs, spray paint operation, or
body or fender repair are permitted.
g. Motor vehicles shall not be parked so as to overhang the public right-
of-way.
h. A motor vehicle storage lot containing no more than 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.
l. 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 (10%). Absent such surety, the county
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may remove any such tanks and place a lien on the property including all
administration costs.
R. 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.
S. Kennel, commercial.
1. General standards:
a. Animal waste shall be disposed of in a manner applicable to all federal,
state and local laws and regulations.
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 set back a minimum of one hundred (100) feet
from any property line, 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 one hundred (100) feet from any
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property line, and shall meet the screening zone requirements as specified in
article VIII.
T. 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.
U. 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
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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 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.
V. Motor vehicle dealership, new.
1. General standards:
a. Outdoor display areas in conjunction with automobile sales shall be
constructed of the same materials required for off-street parking areas.
b. The storage and/or display of motor vehicles in the required frontage
zone, buffer, or planting strip along a right-of-way shall be prohibited.
c. Exterior display or storage of new or used automobile parts is
prohibited.
d. All repair services shall take place within an enclosed structure.
e. Body and fender repair services are permitted provided:
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.
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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.
2. Vehicles shall be stored or parked in areas constructed of the same
materials required for off-street parking areas, and meeting the landscaping
requirements for parking zones.
3. When such a use abuts a residential zone or civic use, the use shall be
screened by a solid vinyl or wooden fence, or masonry wall not less than six
(6) feet in height.
4. Signs, product displays, parked vehicles, and other obstructions that
would adversely affect visibility at any intersection or driveway shall be
prohibited.
5. Lighting, including permanent illuminated signs, shall be arranged so
as not to reflect or to cause glare into any residential zone.
Z. Motor vehicle repair service/major. ..... General standards:
1. 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:
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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 owner/occupant of the property,
shall be prohibited.
AA. Motor vehicle repair service/minor. ..... General standards:
1. Exterior display or storage of new or used automobile parts is
prohibited.
2. Equipment and vehicles stored overnight on the premises shall be
behind the front building line or at least thirty-five (35) feet from the public
right-of-way, whichever is greater.
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.D, accessory uses, and section 10-
1013, stacking spaces and drive through facilities. (7-7-05; Ord. No. 2012-
10-C, 10-18-12.)
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.
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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.
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Article V,
Supplementary Use Regulations, Section 5-5007 (Supplementary Use
Regulations for Miscellaneous Use Types) of the Isle of Wight County Code
be amended and reenacted as follows:
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
permitted, 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 a 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.
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i. 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; or
c. Used exclusively for receive only antennas for amateur radio station
operation; or
d. Used solely as part of an agricultural operation.
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 permitted 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.
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.
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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
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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.
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.
f. 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.
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9. Information required for conditional use permit. ..... Each applicant
requesting a conditional use permit 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 information 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:
a. 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.
b. 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:
i. The tower height and design including cross-section and elevation.
ii. Structural mounting designs and materials list.
iii. Certification that the proposed tower is compatible for co-location with
a minimum of six (6) users (including the primary user) at the heights
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proposed and specification on the type of antennae that the tower can
accommodate.
c. The applicant shall provide copies of its co-location policy.
d. The applicant shall provide copies of propagation maps demonstrating
that antennas and sites for possible co-locator antennae are no higher in
elevation than necessary.
e. The personal communications service carrier shall be a co-applicant for
all applications.
f. 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;
l. 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.
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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 can not
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 for sharing are unreasonable. Costs exceeding tower or structure for
sharing are 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
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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,
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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.
1. 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.
1. 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-
permit 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
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and shall not be a consideration in 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. (7-7-05; Ord. No. 2011-11-C, 7-7-11; Ord. No. 2013-
1-C, 4-18-13.)
H. Turkey shoot.
1. 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 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 600 feet, or an earthen backstop of 20 feet or greater shall be
provided a minimum of 200 feet from the firing line.
d. Shotguns only shall be used in a turkey shoot.
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 (12) month period.
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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.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
//
COUNTY ADMINISTRATOR’S REPORT
County Administrator Seward represented the recommendation of staff
that the County sell the old Isle of Wight Volunteer Rescue Squad building to
the Town of Smithfield which is in need of repair.
Supervisor Darden moved that the Board authorize the County
Administrator to secure an appraisal of the old Isle of Wight Volunteer
Rescue Squad building and authorize its sale. The motion was adopted by a
vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson
voting in favor of the motion and no Supervisors voting against the motion.
County Administrator Seward recommended that the Board conduct its
retreat on September 19, 2014.
Supervisor Alphin moved that the Board set a retreat for September 19,
2014 from 9:00 a.m. until 5:00 p.m. at a location to be determined. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
//
INFORMATIONAL ITEMS:
The following informational items were brought to the Board’s
attention by County Administrator Seward: the County’s receipt of a GFOA
96
Certificate of Achievement; an update on Route 460 Corridor Improvements;
and, that VDOT will be conducting Town Hall Meetings July, 2014.
//
UNFINISHED/OLD BUSINESS
Responsive to the Board’s direction at its May 15, 2014 meeting
authorizing the County Administrator to enter into a Facilities Use
Agreement with the County’s volunteer fire and rescue organizations and in
the event the organization did not execute the Agreement by the Board’s June
19, 2014 meeting that the Board would consider withholding all designated
capital and operating funds from each noncompliant department until such
time as the agreement is executed with that department, County
Administrator Seward advised that signed agreements have been received
from the Smithfield Volunteer Fire Department, the Isle of Wight Volunteer
Rescue Squad, the Carrsville Volunteer Fire Department, the Rushmere
Volunteer Fire Department and the Windsor Volunteer Rescue Squad.
Supervisor Casteen offered a motion that the Board continue to
consider the funding issue; however, a vote was not taken and it was the
consensus of the Board not to take action on this matter at this time.
Mr. Furlo, responsive to the Board’s request at its June 19, 2014
meeting, returned to the Board with staff’s recommended solutions and
strategies for addressing the concerns that exist at Tyler’s Beach.
At the request of Supervisor Jefferson that the issue of Tyler’s Beach
be tabled to allow additional time to investigate other resources in the form of
outside help for a short-term fix, Chairman Bailey moved that the matter be
tabled to the Board’s August 21, 2014 meeting and that Supervisor Jefferson
bring back a report. The motion was adopted by a vote of (5-0) with
Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
//
NEW BUSINESS
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Regarding the issue of titling of emergency vehicles, Supervisor Alphin
moved that the County Administrator and/or County staff be directed that any
further vehicles or equipment purchased by the County for use by the
volunteer fire departments and/or squads shall remain titled in the name of
Isle of Wight County and shall be leased to the volunteer departments and/or
squads in accordance with the previously presented Vehicle Use Agreement.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
//
CLOSED MEETING
County Attorney Popovich requested a closed meeting pursuant to
Section 2.2-3711(A)(7) of the Code of Virginia for the purpose of
consultation with legal counsel pertaining to probable litigation related to the
Windsor sidewalk construction project where such consultation would
adversely affect the litigating posture of the County; pursuant to Section 2.2-
3711(A)(7) concerning consultation with legal counsel requiring the
provision of legal advice regarding the ball field project; pursuant to Section
2.2-3711(A)(7) concerning consultation with legal counsel requiring the
provision of legal advice regarding political party participation at the Isle of
Wight County Fair; pursuant to Section 2.2-3711(A)(7) regarding
consultation with legal counsel requiring the provision of legal advice
regarding contractual matters with All Virginia Environmental Solutions
Waste Disposal; and, pursuant to Section 2.2-3711(A)(7) regarding
consultation with legal counsel requiring the provision of legal advice
concerning the proposed Facilities Use Agreement with the Windsor
Volunteer Rescue Squad.
Chairman Bailey moved that the Board enter the closed meeting for the
reasons stated. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
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Chairman Bailey moved that the Board return to open meeting. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Bailey moved that the following Resolution be 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: Bailey, Darden, Jefferson, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Casteen moved to authorize the Chairman to execute the
Resolution regarding boundary line adjustment, as presented. The motion was
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adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
//
At 10:00 p.m., Chairman Bailey declared the meeting adjourned.
__________________________
Byron B. Bailey, Chairman
______________________
Carey Mills Storm, Clerk
1
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY-FIRST DAY OF AUGUST IN THE
YEAR TWO THOUSAND AND FOURTEEN AT 5:00 P.M. IN THE
ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
COUNTY COURTHOUSE
PRESENT: Byron B. Bailey
Rex W. Alphin
Delores C. Darden
Alan E. Casteen
Rudolph Jefferson
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
At 5:00 p.m., the Chairman called the meeting to order.
//
CLOSED MEETING
County Attorney Popovich requested a closed meeting pursuant to
Section 2.2-3711(A)(1) of the Code of Virginia concerning discussion
regarding the appointment of specific appointees to County boards,
commissions, authorities; pursuant to Section 2.2-3711(A)(6) and (A)(29)
concerning the discussion or consideration of the expenditure of public funds
where competition of bargaining is involved where if made public initially the
financial interest of the governing body would be adversely affected and
regarding the award of a public contract involving the expenditure of public
funds and the discussion and terms of scope of the contract where the
discussion in open session would adversely affect the bargaining position or
negotiating strategy of the public body as it relates to the County’s continued
membership in the Southeastern Public Service Authority Post 2018; pursuant
to Section 2.2-3711(A)(3) regarding the disposition of publicly held real
property where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the governing body relating to
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property in the Newport and Carrsville Election Districts; and, pursuant to
Section 2.2-3711(A)(5) concerning discussion relating to five (5) businesses
or industries where no previous announcement has been made of the business
or industry’s locating their facilities in the County.
Chairman Bailey moved that the Board enter the closed meeting for the
reasons stated. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Alphin moved that the Board return to open meeting. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Casteen moved that the following Resolution be 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
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AYES: Bailey, Darden, Jefferson, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Casteen moved that the Chairman be authorized to execute a
letter to the Southeastern Public Service Authority Board in opposition to the
proposed host fee as requested by the City of Suffolk. The motion was adopted
by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and
Jefferson voting in favor of the motion and no Supervisors voting against the
motion.
//
At 6:00 p.m., Supervisor Casteen delivered the invocation.
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The Pledge of Allegiance to the Flag was conducted.
//
APPROVAL OF AGENDA
A closed meeting was added following the informational items and the
issue of the Windsor water bill was moved from Informational Items to Item
(E) under the County Administrator’s report.
Supervisor Alphin moved that the agenda be approved as amended. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
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Sheriff Mark Marshall was recognized for completion of the
Accreditation Program.
CONSENT AGENDA
A. Donation of a Fire Engine by the Smithfield Volunteer Fire
Department
B. Resolution to Consent to Assignment and Change of County Cable
Franchise Provider
C. Preliminary Subdivision Plat and Exception to Section 5.12.2.C of the
Subdivision Ordinance for Benn’s Grant
D. Assignment of Griffin Farm Lease to the Industrial Development
Authority
E. Resolution - Acceptance of Moss Creek Circle and Beacon Hill Way
into the State Secondary System of Highways
F. Resolution – Accept and Appropriate Virginia Commission for the
Arts Local Government Challenge Grant
G. Resolution – Accept and Appropriate Agriculture and Forestry
Industries Development Fund Grant for Montague Farms, Inc.
H. Resolution – Accept and Appropriate Victim Witness Grant from the
Virginia Department of Criminal Justice Services
I. Resolution – Accept and Appropriate Funds for Rural Rustic Road
Projects
J. Resolution – Accept and Appropriate Funds Virginia Department of
Health Drinking Water Program Grant Funds
K. Resolution – Recognition of Accreditation Achievement by Sheriff’s
Office
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Supervisor Darden moved that the Consent Agenda be adopted as
presented. The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
//
REGIONAL REPORTS
Supervisor Darden reported that the newly created Hampton Roads
Transportation Accountability Commission had held its informational retreat.
Supervisor Jefferson reported that the Western Tidewater Regional Jail
is currently at 63% of its capacity; that the Jail’s operating fund is $380,644;
and, the turnover rate for employees is 13%. He further advised that the
County has realized a savings of $5,745 by utilizing Jail inmates. He
concluded his report stating that the Jail has hired a full-time IT Support
Specialist and vendors are being solicited to perform an audit with respect
energy savings.
//
There were no appointments offered for consideration.
//
SPECIAL PRESENTATION/APPEARANCES
The 2014 County Fair Queens were formally introduced and the Board
received an update from the Fair Chairman on the upcoming 2014 County Fair.
The Board received an update from the Director of Parks and Recreation
regarding programs offered by that Department and listed in the Fall/Winter
Leisure Guide.
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The Board received a slide presentation from the Director of Information
Resources and Legislative Affairs of animals currently available for adoption
at the County’s animal shelter.
The Board received an update from the Director of Information
Technology regarding recent enhancements to the County’s PEG channel.
//
CITIZENS’ COMMENTS
Chairman Bailey publicly recognized the Board members and County
staff for their dedicated service to the County.
Albert Burckard thanked the Board for attending the August 11, 2014
combined meeting of the Carrollton Civic League and the Isle of Wight
Citizens Association. He requested the Board to delay action on the request
for changes to the Facilities Use Agreement under the County Attorney’s
report.
Herb DeGroft recommended that an invitation be extended to members
of the Freedom of Information Act Council to attend the Board’s Retreat
scheduled for September 19, 2014.
Keith Johnson, Treasurer, Carrollton Volunteer Fire Department,
identified the concerns of that Department with respect to the Facilities Use
Agreement.
Fred Mitchell, President of the Carrollton Volunteer Fire Department,
expressed his individual concern with the Facilities Use Agreement.
Scott Spears, member of Carrollton Volunteer Fire Department, notified
the Board of the need for a second means of egress at that Department. He
advised that exhaust fans are needed in the Bay area and that the columns on
the front of the building are dry rotted and cracking.
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Rosa Turner, President, Rushmere Development Corporation, notified
the Board that she has been unsuccessful in her attempts to meet with the
Director of Parks and Recreation to discuss Tyler’s Beach.
Christiana Tambone, Coordinator, Lower James River Association,
notified the Board of the Association’s desire for an access point at Tyler’s
Beach to the lower James River; that the Association would like to have an
attendant located on the premises; that the Association desires to work with the
watermen currently there and that they be allowed to access their boats any
time of the day; and, that Tyler’s Beach be used as part of the expansion
process of the Captain John Smith Chesapeake National Historical Trail. She
offered that organization’s technical assistance to the County as the project
moves forward.
Grant Novack, 3208 South Shore, expressed concern with the proposed
dredging of Tyler’s Beach with respect to a decrease in value for surrounding
homes. He requested that the smell created during dredging be mitigated. He
requested the Board to resolve the current conditions at Tyler’s Beach which
include dilapidated boats, homeless people, drugs and tents.
Jane March of Zuni made reference to the Board’s proposed Retreat
agenda and the questionnaire included which residents can express their
concerns. She advised that the southern end of the County is currently
organizing its own citizen’s organization and she requested the Board consider
conducting its Retreat in the centrally located Town of Windsor. She notified
the Board regarding her inability to review certain information on the County’s
website and she requested that staff review the website to ensure it is
functioning properly.
//
PUBLIC HEARINGS
A. Amendment to Conditional Zoning to Allow for Retail Sales for Par 5
Development Group, LLC
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Matthew Smolnik, Assistant Director of Planning and Zoning, provided
an overview of the application and advised that the Planning Commission
voted 8-0 to recommend its approval.
Chairman Bailey called for persons to speak in favor or in opposition to
the proposed amendment.
Charles Yackafit of Bradby’s Lane notified the Board that his property
has been flooding for many years from the retention pond on Route 10 and this
development will only add to existing drainage problems with the ditches
which are in need of being cleaned out.
Rosa Turner of Old Stage Highway spoke in favor of the application
stating that it will create jobs in the Rushmere area.
Mr. Smolnik advised the Board that post development runoff cannot
exceed predevelopment runoff and the County’s team of engineers will ensure
that drainage issues are addressed during site plan review.
Chairman Bailey closed the public hearing and called for comments from
the Board.
Supervisor Jefferson moved that the amendment to conditional zoning to
allow for retail sales for Par 5 Development Group, LLC be approved. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
B. Amend Floodplain Management District Regulations of the County
Code (Appendix B., Zoning)
Mr. Smolnik provided an overview of the proposed amendment revised
to comply with State and Federal regulations.
Chairman Bailey called for persons to speak in favor or in opposition to
the proposed amendment.
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No one appeared and spoke.
Chairman Bailey closed the public hearing and called for comments from
the Board.
Supervisor Alphin moved that the following Ordinance amendment be
adopted:
AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT
COUNTY CODE BY AMENDING AND REENACTING APPENDIX B,
ZONING, ARTICLE II, ENTITLED “INTERPRETATIONS AND BASIC
DEFINITIONS”, SECTION 2-1002, ENTITLED “DEFINITIONS”;
ARTICLE VI, ENTITLED “OVERLAY DISTRICTS”, SECTION 6-4002,
ENTITLED “DESIGNATION OF THE FLOODPLAIN
ADMINISTRATOR", SECTION 6-4003, ENTITLED “SUBMITTING
TECHNICAL DATA”, SECTION 6-4004, ENTITLED “APPLICABILITY”,
SECTION 6-4006, ENTITLED “ABROGATION AND GREATER
RESTRICTIONS”, SECTION 6-4008, ENTITLED “PENALTY FOR
VIOLATION”, SECTION 6-4009, ENTITLED “PERMIT REQUIRED”,
SECTION 6-4011, ENTITLED “GENERAL PROVISIONS”, SECTION 6-
4012, ENTITLED “SPECIAL STANDARDS AND REQUIREMENTS” FOR
THE PURPOSE OF UPDATING THE FLOODPLAIN MANAGEMENT
DISTRICT REGULATIONS AND ASSOCIATED DEFINITIONS.
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 adopted the
Floodplain Management Overlay (FPMO) District provisions to prevent the
loss of life and property, the creation of health and safety hazards, the
disruption of commerce and governmental services, the extraordinary and
unnecessary expenditure of public funds for flood protection and relief, and the
impairment of the tax base; and
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WHEREAS, the FPMO is further intended to ensure that all property
owners within the County are eligible for participation in the National Flood
Insurance Program and able to secure such insurance at nominal rates; and
WHEREAS, Isle of Wight County Board of Supervisors finds it
necessary to revise the provisions of the FPMO to comply with the National
Flood Insurance Program.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Article II, entitled
“Interpretations and Basic Definitions”, Section 2-1002, entitled “Definitions”
of the Isle of Wight County Code be amended and reenacted as follows:
Sec. 2-1002. Definitions.
When used in this ordinance the following terms shall have a meaning as
ascribed herein:
Abutting.\ Having a common border with, or being separated from such
common border by right-of-way, alley or easement.
Access, pedestrian.\ The right to cross between public and private property,
allowing pedestrians to enter and leave property.
Access, vehicular.\ A means of vehicular approach or entry to or exit from
property, from a street or highway.
Accessory building.\ A subordinate building customarily incidental to and
located upon the same lot occupied by the main building. When an accessory
building is attached to the principal building in a substantial manner, as by a
wall or roof, such accessory building shall be considered a part of the principal
building.
Accessory use.\ A use customarily incidental and subordinate to, and on the
same lot as a principal use.
Administrator.\ See "zoning administrator."
Alley.\ A right-of-way that provides secondary service access for vehicles to
the side or rear of abutting properties.
Alteration.\ Any change or rearrangement of supporting members of an
existing building, such as bearing walls, columns, beams, girders or interior
partitions, as well as any change in doors or windows or any enlargement to or
diminution of a building or structure, whether horizontally or vertically, or
moving of a building or structure from one (1) location to another.
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Alternate discharge sewage system.\ Any device or system which results in a
point source surface discharge of treated sewage with flows less than or equal
to one thousand (1,000) gallons per day on a yearly average. These systems are
regulated by the Virginia Department of Health and under a general Virginia
Pollution Discharge Elimination System (VPDES) permit issued by the
Virginia Department of Environmental Quality (DEQ).
Amend\ or amendment. Any repeal, modification or addition to a regulation;
any new regulation: any change in the number, shape, boundary or area of a
zone or zoning district; or any repeal or abolition of any map, part thereof or
addition thereto.
Amenity space.\ Space devoted to such uses as uncovered open space for
public enjoyment consisting of such things as, but not limited to: green areas,
gardens, malls, plazas, walks, pathways, promenades, arcades, lawns,
fountains, decorative plantings, passive or active recreational areas. Such space
shall not include parking or maneuvering areas for vehicles. Area devoted to
this purpose shall be easily and readily accessible to the public or residents of
the development. In areas where pedestrian walkways are shown on an
approved and adopted master plan such area within the percentage required for
amenity space as is necessary shall be devoted to the provision of pedestrian
walkways or paths for general public use.
Anchor store.\ A store that acts as the major retailer and brings in the majority
of business within a shopping center, mall or similar commercial complex.
Antenna.\ A device in which the surface is used to capture an incoming and/or
transmit an outgoing radio-frequency signal. Antennas shall include the
following types:
1. Omnidirectional (or "whip") antenna. ..... An antenna that receives and
transmits signals in a 360-degree pattern.
2. Directional (or "panel") antenna. ..... An antenna that receives and
transmits signals in a directional pattern typically encompassing an arc of one
hundred twenty (120) degrees.
3. Dish (or parabolic) antenna. ..... A bowl shaped device, less than two (2)
meters in diameter, that receives and transmits signals in a specific directional
pattern.
Arcade.\ A covered passage having an arched roof.
Attic.\ The area between roof framing and the ceiling of the rooms below that
is not habitable, but may used for storage or mechanical equipment.
Improvement to habitable status shall make it a story.
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Automobile.\ See "motor vehicle."
Automobile wrecking yard.\ Automobile wrecking yard shall mean any lot or
place which is exposed to the weather and upon which more than two (2)
vehicles of any kind that are incapable of being operated and which it would
not be economically practical to make operative, are placed, located or found
for a period exceeding thirty (30) days. The movement or rearrangement of
such vehicles within an existing lot or facility shall not render this definition
inapplicable. (See also scrap and salvage services in section 3-700.)
Base density.\ The maximum number of dwelling units permitted outright by
a particular land-use classification.
Base flood\ The flood having a one (1%) percent chance of being equaled or
exceeded in any given year.
Base flood elevation.\ The Federal Emergency Management Agency
designated one percent annual chance water surface elevation. The water
surface elevation of the base flood in relation to the datum specified on the
community’s Flood Insurance Rate Map. For the purposes of this ordinance,
the base flood is one hundred (100) year flood or 1% annual chance flood.
Basement.\ That portion of a building that is partly or completely below grade.
A basement shall be counted as a story if its ceiling is over six (6) feet above
the average level of the finished ground surface adjoining the exterior walls of
such story, or if it is used for business or dwelling purposes. For the purposes
of floodplain management, any area of the building having its floor subgrade
(below ground level) on all sides.
Billboard.\ See "sign, billboard."
Block.\ That property abutting one (1) side of a street and lying between the
two (2) nearest intersecting streets or the nearest intersecting street and railroad
right-of-way, river, or between any of the foregoing and any other man-made
or natural barrier to the continuity of development.
Board of supervisors.\ Governing body of Isle of Wight County. Also referred
to as the board.
Board of zoning appeals.\ The board appointed to review appeals made by
individuals with regard to decisions of the zoning administrator in the
interpretation of this ordinance. The board of zoning appeals is also authorized
to grant variances from provisions of the zoning ordinance in particular
circumstances.
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Breezeway.\ A structure for the principal purpose of connecting the main
building or buildings on a property with other main buildings or accessory
buildings.
Buffer\ or bufferyard. A natural open space or landscaped area intended to
separate and protect adjacent or contiguous uses or properties, including land
uses abutting highly traveled highway corridors, from noise, lights, glare,
pollutants or other potential nuisances.
Building.\ A structure with a roof designed to be used as a place of occupancy,
storage, or shelter.
Building, floor area.\ The total number of square feet area in a building,
excluding uncovered steps, and uncovered porches, but including the basement
and the total floor area of accessory buildings on the same lot.
Building, height.\ The height of a building is the mean vertical distance from
the average established grade in front of the lot or from the average natural
grade at the building line, if higher, measured to the following: to the roof line,
to the average height of the top of the cornice of flat roofs, to the deck line of
a mansard roof, to the middle height of the highest gable or dormer in a pitched
or hipped roof, except that, if a building is located on a terrace, the height above
the street grade may be increased by the height of the terrace. On a comer lot,
the height is the mean vertical distance from the average natural grade at the
building line, if higher, on the street of greatest width, or if two (2) or more
such streets are of the same width, from the highest of such grades.
Building line.\ A line parallel to the front property line of a yard beyond which
the foundation wall and/or any enclosed porch, vestibule, or other enclosed
portion of a building shall not project, except as provided in subsection 5-
2000.D, supplementary density and dimensional requirements.
Building, main.\ See "principal building or structure."
Building official, superintendent of building inspections.\ The person
designated as the official responsible for enforcing and administering all
requirements of the Uniform Statewide Building Code in Isle of Wight County,
Virginia.
Bulk regulations.\ Controls that establish the maximum size of buildings and
structures on a lot or parcel and the buildable area within which the structure
may be placed, including lot coverage, height, setbacks, density, floor area
ratio, open space ratio, and landscape ratio.
Caliper.\ A measurement, in diameter, of plant material size. All plant material
requiring a caliper measurement shall be measured using diameter at breast
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height (DBH), which is defined as four and one-half (4½) feet above the
ground on the uphill side of the tree or plant.
Camping site.\ Any plot of ground within a campground used or intended for
occupation by the camping unit.
Camping unit.\ A tent, tent trailer, camping trailer, pickup camper, motor
home, recreational vehicle or any other commonly used temporary shelter
device used as temporary living quarters or shelter during periods of recreation,
vacation, leisure time or travel. To qualify as a camping unit, vehicular and
mobile units shall be eligible to be currently licensed and registered by a
governmental body and shall be legal to travel on Virginia highways without
special permits for size, weight or other reasons.
Canopy.\ A roof-like structure of a permanent nature which may be
freestanding or project from a wall of a building or its supports.
Canopy coverage.\ The percent of a fixed land area covered by the crown of
an individual plant exceeding five (5) feet in height and measured fifteen (15)
years from the date of installation. Or the percent of a fixed land area covered
by the outermost limits of the crown of a cluster of plants exceeding five (5)
feet in height, which create one (1) continuous area of coverage, measured
fifteen (15) years from the date of installation.
Carport.\ A permanent roofed structure not more than seventy-five percent
(75%) enclosed by walls and attached to the main building for the purpose of
providing shelter for one (1) or more motor vehicles.
Cellar.\ See "basement."
Certificate of occupancy.\ A document issued by the building official allowing
the occupancy or use of a structure and certifying that the structure and/or site
has been constructed and is to be used in compliance with all applicable plans,
codes and ordinances.
Channel.\ A natural or artificial watercourse with a definite bed and banks to
confine and conduct continuously or periodically flowing water.
Child.\ Any natural person under eighteen (18) years of age.
Chord.\ A line segment joining any two (2) points of a circle.
Circulation area.\ That portion of the vehicle accommodation area used for
access to parking or loading areas or other facilities on the lot. Essentially,
driveways and other maneuvering areas (other than parking aisles) comprise
the circulation area.
Co-location.\ The use of a single location structure and/or site by more than
one (1) wireless communications service provider.
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Coastal A Zone.\ Flood hazard areas that have been delineated as subject to
wave heights between 1.5 feet and 3 feet and identified on the Flood Insurance
Rate Maps (FIRMs) as areas of Limits of Moderate Wave Action (LiMWA).
Coastal high hazard area (CHHA).\ The portion of a coastal floodplain having
special flood hazards that is subject to high velocity waters, including hurricane
wave wash. The area is designated on the flood insurance rate map (FIRM) as
zone VI-30, VE or V (V-zones).
Combination use.\ A use consisting of a combination of one (1) or more lots
and two (2) or more principal uses separately listed in the district regulations.
Commercial vehicle.\ A vehicle designed to have more than two (2) rear
wheels on a single axle. This shall not apply to pickup body type trucks,
passenger van type vehicles, or to vehicles essential for an agricultural use
associated with the premises.
Community impact statement.\ A document required by the county which
outlines the impact a proposed development will have on environmental and
cultural resources, and county services, including, but not limited to schools,
fire and rescue, and public utilities.
Conditional use.\ A conditional use is a use that, because of special
requirements or characteristics, may be allowed in a particular zoning district
only after review and recommendation by the planning commission and the
granting of conditional use approval by the board of supervisors imposing such
conditions as necessary to make the use compatible with other uses permitted
in the same zone or vicinity.
Deck.\ A structure, without a roof or walls, directly adjacent to a principal
building, which has an average elevation of thirty (30) inches or greater from
finished grade.
Development.\ Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, the placement of
manufactured homes, streets, and other paving, utilities, filling, grading,
excavation, mining, dredging, drilling operations, or storage of equipment or
materials.
Display lot.\ An outdoor area where active nighttime sales activity occurs and
where accurate color perception of merchandise by customers is required. To
qualify as a display lot, one (1) of the following specific uses must occur: motor
vehicle sales, boat sales, recreational vehicle sales, gardening or nursery sales.
Any other use must be approved as display lot uses by the zoning administrator.
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Dripline.\ A vertical projection to the ground surface from the furthest lateral
extent of a tree's leaf canopy.
Driveway.\ A roadway providing access for vehicles to a parking space,
garage, dwelling, or other structure. A driveway serves only one (1) or two (2)
lots.
Dwelling.\ A building, or portion thereof, designed or used exclusively for
residential occupancy, including single-family dwellings, two-family
dwellings, and multifamily dwellings, but do not include, hotels, motels,
boarding and rooming houses, bed and breakfast establishments, and the like.
Dwelling unit.\ One (1) or more rooms physically arranged so as to create an
independent housekeeping establishment for occupancy by one (1) family with
toilets and facilities for cooking and sleeping separate from any other dwelling
unit.
Earthcraft certified construction.\ An environmentally friendly, residential
building program developed by the Southface Energy Institute which requires
certified builders to meet guidelines for energy efficiency, water conservation,
and other environmental practices on single-family and multifamily unit
construction. Similar to the LEED certification program, but focused
specifically on residential development.
Earth tone.\ A color scheme that draws from a color palette of browns, tans,
grays, greens, and some reds. The colors in an earth tone scheme are muted
and flat in an emulation of the natural colors found in dirt, moss, trees, and
rocks. Many earth tones originate from clay earth pigments, such as umber,
ochre, and sienna. Colors such as orange and blue are not considered earth
tones because they are not found naturally on pieces of land even though they
can be found within nature.
Elevation.\ A vertical distance above or below a fixed reference point.
Environmental assessment.\ An analysis of the beneficial or detrimental effects
of a development on the natural resources and characteristics of the property,
including resources such as, but not limited to wetlands, flora and fauna, and
other ecosystems.
Equipment enclosure.\ A small building, cabinet, or vault used to house and
protect electronic or mechanical equipment. Associated equipment may
include, but is not limited to, air conditioners and emergency generators.
Expansion to an existing manufactured home park or subdivision.\ For the
purposes of floodplain management means the preparation of additional sites
by the construction of facilities for servicing the lots on which the
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manufacturing homes are to be affixed (including the installation of utilities,
the construction of streets, and either final site grading or the pouring of
concrete pads).
Facade.\ That portion of any exterior elevation of the building extending from
grade to top of the parapet, wall, or eaves and the entire width of the building
elevation.
Family.\ An individual, or two (2) or more persons related by blood, marriage
or adoption, or a group of not more than four (4) unrelated persons, occupying
a single-family dwelling.
Flood.\ A general and temporary condition of partial or complete inundation
of normally dry land areas from:
1. The overflow of inland or tidal waters;
2. The unusual and rapid accumulation or runoff of surface waters from any
source;
3. Mudslides (i.e., mudflows) which are proximately caused by flooding
and are akin to a river of liquid and flowing mud on the surfaces of normally
dry land areas, as when earth is carried by a current of water and deposited
along the path of the current.
A flood may be further defined as the collapse or subsidence of land along the
shore of a lake or other body of water as a result of erosion or undermining
caused by waves or currents of water exceeding anticipated cyclical levels or
suddenly caused by an unusually high water level in a natural body of water
accompanied by a severe storm, or by an unanticipated force of nature, such as
a flash flood or by some similarly unusual and unforeseeable event which
results in flooding.
Flood hazard zone.\ The delineation of special flood hazard areas into
insurance risk and rate classifications on the flood insurance rate map (FIRM)
published by the Federal Emergency Management Agency (FEMA) and which
include the following zones and criteria:
1. Zone A: ..... Areas subject to inundation by the 100-year flood where
detailed analyses have not been performed and base flood elevations are not
shown.
2. Zone AE: ..... Areas subject to inundation by the 100-year flood as
determined by detailed methods with base flood elevations shown within each
area.
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3. Zone VE: ..... Areas along coastal regions subject to additional hazards
associated with storm wave and tidal action as well as inundation by the 100-
year flood.
4. Zone X: ..... Areas located above the 100-year flood boundary and
having moderate or minimal flood hazards.
Flood insurance rate map (FIRM).\ An official map of a community, on which
the Federal Emergency Management Agency has delineated both the special
hazard areas and the risk premium zones applicable to the community. A FIRM
that has been made available digitally is called a Digital Flood Insurance Rate
Map (DFIRM).
Flood insurance study.\ An examination, evaluation and determination of flood
hazards and, if appropriate, corresponding water surface elevations, mudslide
hazards and/or flood-related erosion hazards.
Floodplain.\ A relatively flat or low land area adjoining a river, stream or
watercourse which is subject to partial or complete inundation; an area subject
to the unusual and rapid accumulation or runoff of surface water from any
source.
Flood-prone area.\ Any land area susceptible to being inundated by water from
any source (see definition of flooding).
Floodproofing.\ Any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood damage
to real estate or improved real property, water, sanitary facilities, structures and
their contents.
Floodway.\ The channel of a river or other watercourse and the adjacent land
areas required to carry and discharge the 100-year flood without increasing the
water surface elevation of that flood more than one (1) foot at any point.
Floor area.\ The square feet of floor space within the outside lines of walls,
including the total of all space on all floors of a building. Floor area shall not
include porches, garages, or unfinished space in a basement or attic.
Floor area ratio (FAR).\ The total floor area of all buildings or structures on a
lot divided by the net developable area of the lot.
Footcandle.\ A unit of measure for illuminance. A unit of illuminance on a
surface that is everywhere one (1) foot from a uniform point source of light of
one (1) candle and equal to one (1) lumen per square foot.
Freeboard.\ A factor of safety usually expressed in feet above a flood level for
purposes of floodplain management. “Freeboard” tends to compensate for the
many unknown factors that could contribute to flood heights greater than the
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height calculated for a selected size flood and floodway conditions, such as
wave action, bridge openings, and the hydrological effect of urbanization in
the watershed. When a freeboard is included in the height of a structure, the
flood insurance premiums may be less expensive.
Frontage.\ The linear measurement in feet of the front property line abutting a
street.
Functionally dependent use.\ A use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the loading and
unloading of cargo or passengers, and ship building and ship repair facilities,
but does not include long-term storage or related manufacturing facilities.
Garage, private.\ An accessory building which is designed or used for the
storage of vehicles owned and used by the occupants of the building to which
it is accessory and which is not operated as a separate commercial enterprise.
Gazebo.\ A detached, covered freestanding, open-air or screened accessory
structure designed for recreational use only and not for habitation.
Glare.\ The sensation produced by a bright source within the visual field that
is sufficiently brighter than the level to which the eyes are adapted to cause
annoyance, discomfort, or loss in visual performance and visibility; blinding
light.
Green roof.\ The roof of a building which is partially or completely covered
with vegetation and soil or other growing medium planted over a waterproof
membrane.
Habitable floor.\ Any floor usable for living purposes, which includes working,
sleeping, eating, cooking, or recreation, or any combination thereof. A floor
used only for storage is not a habitable floor.
Highest adjacent grade.\ For the purposes of floodplain management, the
highest natural elevation of the ground surface prior to construction next to
the proposed walls of a structure;
Historic landmark/area/structure.\ Any structure that is:
1. Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on
the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
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district preliminarily determined by the Secretary to qualify as a registered
historic district;
3. Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the Secretary of
the Interior; or
4. Individually listed on a local inventory of historic places in communities
with historic preservation programs that have been listed in the county's
comprehensive plan or certified:
a. by an approved state program as determined by the Secretary of the
Interior; or
b. directly by the Secretary of the Interior in states without approved programs
Home garden.\ An accessory use in a residential district for the production of
vegetables, fruits and flowers generally for use or consumption, or both, by the
occupants of the premises.
Impervious surface.\ A surface composed of any material that significantly
impedes or prevents natural infiltration of water into the soil. Impervious
surfaces may include, but are not limited to; buildings, roofs, streets, parking
areas, and any concrete, asphalt, or compacted gravel surface.
Intelligent siting.\ The practice of building placement which gives high
consideration to environmental aspects such as solar orientation, seasonal
shading, prevailing winds, etc., in order to allow for increased energy
efficiency.
Junkyard.\ Junkyard shall mean any establishment or place of business which
is maintained, operated, or used for storing, keeping, buying, or selling junk,
or for the maintenance or operation of an automobile wrecking yard. For
purposes of this definition, "junk" shall mean old or scrap copper, brass, rope,
rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled, or
wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous
or nonferrous material. (See also "scrap and salvage services" in section 3-
700.)
Kiosk.\ A freestanding structure upon which temporary information and/or
posters, notices, and announcements are posted. Commercial transactions do
not take place here.
Landscape.\ An expanse of natural scenery or the addition or preservation of
lawns supplemented by, shrubs, trees, plants or other natural and decorative
features to land.
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Landscape surface ratio (LSR).\ A measure, expressed as a percentage, of the
area to be landscaped on a site determined by dividing the landscaped area of
the site by the total project area.
LEED certified.\ Leadership in energy and environmental design (LEED)
certification program administered by the U.S. Green Building Council, which
requires designers to meet guidelines for energy efficiency, water
conservation, and other environmental practices.
Light trespass.\ Light from an artificial light source that is intruding onto
adjacent properties and is a nuisance.
Livestock.\ Swine, sheep, cattle, poultry or other animals or fowl which are
being produced primarily for food, fiber, or food products for human
consumption.
Loading and unloading area.\ The area on a lot designated for bulk pickup and
deliveries of merchandise and materials directly related to the use on said lot.
Lot.\ A parcel of land intended to be separately owned, developed, or otherwise
used as a unit, established by plat, subdivision or as otherwise permitted by
law.
Lot, corner.\ A lot abutting on two (2) or more streets at their intersection.
Lot, depth of.\ The shortest horizontal distance between the front and rear lot
lines. Lot, double frontage.\ An interior lot having frontage on two (2) streets.
Lot, flag.\ A lot not fronting on or abutting a public roadway or having limited
frontage necessary for access and where access to the public roadway is
essentially limited to a narrow private right-of-way.
Lot, interior.\ A lot other than a corner lot.
Lot, through.\ A lot having its front and rear yards each abutting on a street.
Lot area.\ The total horizontal area in square feet within the lot lines of a lot
excluding designated future public rights-of-way.
Lot coverage.\ A measure of intensity of land use that represents the portion of
a site that is impervious (i.e., does not absorb water). This portion includes, but
is not limited to, all areas covered by buildings, parked structures, driveways,
roads, sidewalks, and any area of concrete or asphalt.
Lot line.\ A line dividing one (1) lot from another lot or from a street or alley.
Lot line, front.\ On an interior lot, the lot line abutting a street or right-of-way;
or, on a corner lot, the shorter lot line abutting a street or right-of-way; or, on
a through lot, the lot line abutting the street or right-of-way providing the
primary access to the lot.
Lot line, rear.\ The lot line located opposite the front line.
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Lot line, side.\ Any boundary of a lot, which is not a front lot line or a rear lot
line.
Lot of record.\ A lot which has been legally recorded in the clerk's office of the
Circuit Court of Isle of Wight County.
Lot width.\ The horizontal distance between the side lot lines, measured at the
required front setback line.
Low impact development (LID).\ A site design approach to managing
stormwater runoff which emphasizes conservation and use of on-site natural
features to protect water quality. This approach implements small-scale
hydrologic controls to replicate the pre-development hydrologic patterns of
watersheds through infiltrating, filtering, storing, evaporating, and detaining
runoff close to its source.
Lowest floor.\ For the purpose of floodplain management, the lowest floor of
the lowest enclosed area (including basement). An unfinished or flood-
resistant enclosure, useable solely for parking of vehicles, building access or
storage in an area other than a basement area is not considered a building’s
lowest floor; provided, that such enclosure is not built so as to render the
structure in violation of the applicable non-elevation design requirements of
Federal Code 44CFR §60.3.
Luminary.\ A lighting fixture assembly or source of artificial illumination
including, but not limited to, bulbs, lamps, reflectors, refractors, and housing
associated with them.
Manufactured home.\ Manufactured [home] means a structure constructed to
federal standards, transportable in one (1) or more sections, which, in the
traveling mode, is eight (8) feet or more in width and is forty (40) feet or more
in length, or when erected on site, is three hundred twenty (320) or more square
feet, and which is built on a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when connected to the
required utilities, and includes the plumbing, heating, air conditioning, and
electrical systems contained therein.
Manufactured home park, existing.\ A parcel of land divided into two (2) or
more manufactured home lots for rent or sale existing prior to 08/19/1991.
Manufactured home park or subdivision, new.\ means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots
on which the manufactured homes are to be affixed (including at a minimum,
the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed on or after 08/19/1991.
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Mean sea level.\ National Geodetic Vertical Datum (NGVD) of 1929, to which
all elevations on the FIRM (flood insurance rate map) and within the flood
insurance study are referenced.
Mixed-use structure.\ A building or other structure containing a combination
of two (2) or more different principal uses.
Motor vehicle.\ Any self-propelled vehicle designed primarily for
transportation of persons of goods along public streets or alleys, or other public
ways.
Net developable area.\ The land deemed suitable for development within a
given area or parcel. It is calculated by subtracting the sensitive environmental
areas within the area or parcel that should be protected from development and
the estimated right-of-way requirements and existing regional transmission
line easements and rights-of-way from the total gross area. The result is the net
developable area, which provides a realistic measure of land holding capacity
for an area or parcel in the county. Refer to section 5-4000, net developable
area, for additional information on net developable area.
New construction.\ For the purposes of determining insurance rates, structures
for which the "start of construction" commenced on or after the effective date
of an initial FIRM (flood insurance rate map),08/19/91, and includes any
subsequent improvements to such structures. For floodplain management
purposes, "new construction" means structures for which the "start of
construction" commenced on or after the effective date of a floodplain
management regulation adopted by a community and includes any subsequent
improvements to such structures.
Nonconforming activity or use.\ The otherwise legal use of a building or
structure or of a tract of land that does not conform to the use regulations of
this ordinance for the district in which it is located, either at the effective date
of this ordinance or as a result of subsequent amendments to the ordinance.
Nonconforming building or structure.\ An otherwise legal building or structure
that does not conform with the yard, height, maximum density or other bulk
regulations, or is designed or intended for a use that does not conform to the
use regulations, of this ordinance for the district in which it is located, either at
the effective date of this ordinance or as result of subsequent amendments.
Nonconforming lot.\ An otherwise legally platted lot that does not conform to
the minimum area or width requirements for the district in which it is located
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either at the effective date of this ordinance or as a result of subsequent
amendments to this ordinance.
Nonconforming site.\ An otherwise legal site for which existing improvements
do not conform to the lot coverage, bufferyard, landscaping, parking and other
site requirements set forth in the zoning or special overlay district in which it
is located either at the effective date of this ordinance or as a result of
subsequent amendments to this ordinance.
Office park.\ A large tract of land that has been planned, developed, and
operated as an integrated facility for a number of separate office buildings and
supporting ancillary uses with special attention given to circulation, parking,
utility needs, aesthetics, and compatibility.
Official zoning map.\ The map or maps, together with all subsequent
amendments thereto, which are adopted by reference as a part of this ordinance
and which delineate the zoning district boundaries.
Open space.\ An area that is intended to provide light and air, and is designed,
depending upon the particular situation, for environmental, scenic or
recreational purposes. Open space may include, but need not be limited to,
lawns, decorative plantings, walkways, active and passive recreation areas,
playgrounds, fountains, swimming pools, wooded areas, and watercourses.
Open space shall not be deemed to include structures, driveways, parking lots
or other surfaces designed or intended for vehicular traffic.
Open space, common.\ Open space that is accessible to all occupants of a
particular development and is not restricted to use by occupants of an
individual lot or structure.
Open space ratio (OSR).\ A measure, expressed as a percentage, of site open
space determined by dividing the gross open space area of a lot, parcel or tract
of land by the total area of that lot, parcel or tract of land.
Parking area aisle.\ That portion of the parking area consisting of lanes
providing access to parking spaces.
Parking area, lot or structure.\ An off-street area for parking or loading and
unloading, whether required or permitted by this ordinance, including
driveways, access ways, aisles, and maneuvering areas, but not including any
public or private street right-of-way.
Parking space.\ A portion of the parking area set aside for the parking of one
(1) vehicle.
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Patio.\ A level surfaced area, directly adjacent to a principal building, without
walls or a roof intended for outdoor lounging, dining, and the like, which has
an average elevation of less than thirty (30) inches from finished grade.
Permeable materials.\ A variety of product alternatives to traditional,
impervious surface materials which allow for the infiltration of stormwater
through the soil to more naturally reduce runoff volumes and filter pollutants.
Increased infiltration occurs either through the paving material itself, or
through void spaces between individual paving blocks (also called pavers).
Materials may include, but are not limited to: pervious concrete, pervious
asphalt, block and concrete modular pavers, and grid pavers.
Permit, building.\ An official document or certification permit that is issued by
the building official and which authorizes the construction, alternation,
enlargement, conversion, reconstruction, remodeling, rehabilitation, erection,
demolition, moving or repair of a building or structure. This permit should not
be a substitute for a zoning permit.
Permit, conditional use.\ A permit issued by the county board of supervisors
authorizing the operation of a use under certain conditions and standards.
Permit, special use.\ A permit issued by the county board of supervisors
authorizing a use not otherwise provided for in this ordinance as a permitted or
conditional use.
Permit, zoning.\ A permit issued by the zoning administrator that authorizes
the recipient to make use of property in accordance with the requirements of
this ordinance.
Phase I archeological study.\ A survey of archaeological resources undertaken
in accordance with the Secretary of the Interior's Standards and Guidelines (48
FR, 44742) as may be amended and the Guidelines for Conducting Cultural
Resource Survey in Virginia prepared by the Virginia Department of Historic
Resources, as may be amended.
Photometric plan.\ A diagram consisting of lines showing the relative
illumination in foot candles from a light source or group of light sources.
Planning commission.\ The Isle of Wight County Planning Commission.
Porch.\ A projection from a main wall or a building which can be covered, with
a roof, or uncovered. The projection may or may not use columns or other
ground supports for structural purposes.
Portable on demand storage units.\ Also known as a POD, a large container
used for temporary storage. A POD is hauled to the property, loaded with
items, hauled from the property and stored in a storage yard.
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Poultry.\ Domestic fowl normally raised on a farm such as chickens, ducks,
geese and turkeys.
Preliminary and final site development plan.\ Site development plans prepared
by a certified or licensed engineer, surveyor, architect or landscape architect,
that is required for development proposals outlined in section 7-2004,
preliminary and final site development plan requirements.
Principal building or structure.\ A building or structure in which the primary
or main use of the property on which the building is located is conducted and
distinguished from an accessory or secondary building or structure on the same
premises.
Principal use.\ A use which represents the primary or main use of the land or
structure which is distinguished from an accessory use on the same premises.
Proffer.\ A condition voluntarily offered by the applicant and owner for a
rezoning that limits or qualifies how the property in question will be used or
developed.
Public water and sewer system.\ A water or sewer system owned and operated
by a municipality or county, or owned and operated by a private individual or
a corporation approved by the governing body and properly licensed by the
state corporation commission or other applicable agency, and subject to special
regulations as herein set forth.
Public way.\ Any sidewalk, street, alley, highway or other public thoroughfare.
Recreation, active.\ Leisure activities, usually organized and performed with
others, often requiring equipment and constructed facilities, taking place at
prescribed places, sites, or fields. The term active recreation includes, but is
not limited to, swimming, tennis, and other court games, baseball and other
field sports, golf and playground activities.
Recreation, passive.\ Recreation that involves existing natural resources and
has a minimal impact. Such recreation does not require development of the site
nor any alternation of existing topography. Such passive recreation shall
include, but not be limited to, hiking, picnicking, and bird watching.
Recreational vehicle.\ A vehicle designed to be self-propelled or permanently
towable; and not designed for use as a permanent dwelling but as temporary
living quarters for recreational camping, travel, or seasonal use.
Redevelopment.\ The process of using land that contains or previously
contained development.
Required open space.\ Any space required in any front, side or rear yard.
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Residential plot plan.\ A plan submitted for the construction or location of all
new single- family detached dwellings or two-family dwellings on an existing
or platted lot. This plan shall meet the requirements of section 7-2002,
residential plot plan.
Right-of-way.\ A strip of land occupied or intended to be occupied by a street,
crosswalk, railroad, electric transmission line, oil or gas pipeline, water main,
sanitary or storm sewer main, shade trees, or other special use.
Road.\ See "street."
Satellite dish antenna.\ See "antenna."
Screening.\ The act of visually shielding or obscuring one (1) abutting or
nearby structure or use from another by fencing, walls, berms, or required
planted vegetation.
Screen material.\ Materials that have been outlined in article VIII for the
screening of service structures, equipment, and/or outdoor storage yards.
Seasonal shading.\ The practice of using plant material to capitalize on solar
energy and light for heating and interior lighting purposes. An example would
be using deciduous trees near windows to shade afternoon sun in the summer,
but allow afternoon sun for heat and light through in the winter.
Service building.\ A building used to house stationary or movable service
equipment and mechanical equipment for the maintenance and function of
onsite machinery.
Setback.\ The required minimum horizontal distance between the building line
and the related front, side, or rear property line. A setback is meant from a
street not a driveway.
Setback line.\ A line within a lot parallel to a corresponding lot line, which is
the boundary of any specified front, side, or rear yard, or the boundary of any
public right-of-way whether acquired in fee, easement, or otherwise, or a line
otherwise established to govern the location of buildings, structures or uses.
Where no minimum front, side, or rear yards are specified, the setback line
shall be coterminous with the corresponding lot line.
Shopping center.\ A grouping of architecturally unified and related retail
establishments which are planned, developed, owned, and managed as a single
operating unit, and which share interconnected walkways and parking areas.
The establishments contained within a shopping center are related to each other
and the market area served in terms of size, type, location, and market
orientation.
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Shrub.\ A relatively low growing, woody plant typified by having several
permanent stems instead of a single trunk.
Shrub, deciduous.\ Any shrub which sheds its foliage during a particular season
of the year.
Shrub, evergreen.\ Any shrub which retains its foliage throughout the entire
year.
Sign.\ Any device, fixture, placard, or structure that uses any color, form,
graphic, illumination, symbol, or writing to advertise, announce the purpose
of, call attention to, or identify the purpose of a person or entity, or to
communicate information of any kind to the public.
Sign, animated.\ Any sign that uses movement or change of lighting to depict
action or to create a special effect or scene. This shall not include a variable
message sign.
Sign, banner.\ Any sign of lightweight fabric or similar material that is
mounted to a pole or a building by one (1) or more of its edges. National flags,
state, or municipal flags, or the official flag of any institution or business shall
not be considered banners.
Sign, beacon.\ Any light with one (1) or more beams directed into the
atmosphere or directed at one (1) or more points not on the same zone lot as
the light source; also, any light with one (1) or more beams that rotate or move.
Sign, billboard.\ An off-premises sign owned by a person, corporation, or other
entity that engages in the business of selling the advertising space on that sign.
Sign, canopy.\ Any sign that is painted on, printed on, part of or otherwise
attached to or displayed on an awning, canopy, or other fabric, plastic, or
structural protective cover over a door, entrance, window, or outdoor service
area. No such signs shall project vertically above or below, or horizontally
beyond the physical dimensions of such canopy.
Sign, changeable copy.\ A sign or part of a sign that is designed so that
characters, letters, or illustrations can be changed or rearranged on a letter track
that can be rearranged without altering the face or surface of the sign.
Sign, commercial message.\ Any wording, logo, or other representation that,
directly or indirectly, names, advertises, or calls-attention to a business,
product, service, or other commercial activity.
Sign, directional.\ On-premises signage designed to guide vehicular and/or
pedestrian traffic by issuing words such as "Entrance," "Exit," "Parking,"
"One-Way," or similar instructions, and related indicator graphics such as
29
arrows, which may include the identification of the building or use but may not
include any advertising or commercial message or logo.
Sign, electronic message board.\ Defined as signs or portions of signs that use
changing lights to form a sign message or messages wherein the sequence of
messages and the rate of change is electronically programmed and can be
modified by electronic processes.
Sign, facade.\ Any sign attached to any part of a building, as contrasted to a
freestanding sign, and projecting no further than six (6) inches from the
building wall it is attached to. See also: "sign, wall."
Sign, flag.\ Any fabric or bunting containing distinctive colors, patterns, or
symbols, used to communicate a message or draw attention to a development,
business, land use, or other similar entity.
Sign, freestanding.\ A sign that is attached to, erected on, or supported by some
structure (such as a pole, mast, frame, or other structure) that is not itself an
integral part of or attached to a building or structure whose principal function
is something other than the support of a sign.
Sign, internally illuminated.\ A sign where the source of the illumination is
inside the sign and light emanates through the message of the sign, rather than
being reflected off the surface of the sign from an external source. A sign that
consists of or contains tubes that (i) are filled with neon or some other gas that
glows when an electric current passes through it and (ii) are intended to form
or constitute all or part of the message of the sign, rather than merely providing
illumination to other parts of the sign that contain the message, shall also be
considered an internally illuminated sign.
Sign, marquee.\ A roof-like structure of a permanent nature which projects
from the wall of a building or its supports and may overhang the public way.
Sign, nonconforming.\ Any sign that does not conform to the requirements of
this ordinance.
Sign, off-premises.\ A sign that draws attention to or communicates
information about a business, service, commodity, accommodation, attraction
that draws attention to a cause or advocates or proclaims a political, religious,
or other noncommercial message, or other enterprise or activity that exists or
is conducted, sold, offered, maintained, or provided at a location other than the
lot on which the sign is located.
Sign, on-premises.\ A sign that draws attention to or communicates
information about a business, service, commodity, accommodation, attraction,
30
or other enterprise or activity that exists or is conducted, sold, offered,
maintained, or provided on the lot where the sign is located.
Sign, pennant.\ Any lightweight plastic, fabric, or other material, whether or
not containing a message of any kind, suspended from or supported by a rope,
wire, or string, usually in series, designed to move in the wind.
Sign, portable.\ Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including, but not
limited to, signs designed to be transported by means of wheels, signs
converted to "A" or "T" frames; menu and sandwich board signs, balloons used
as signs, umbrellas used for advertising, and signs attached to or painted on
vehicles parked and visible from the public right-of-way, unless said vehicle is
used in the normal day-to-day operations of the business; such vehicles shall
be parked only in a designated parking space.
Sign, projecting.\ A sign other than a facade, canopy, or marquee sign which
is wholly or partially dependent upon a building for support and that projects
more than six (6) inches from such building.
Sign, special event.\ A sign for the purpose of circuses, fairs, carnivals,
festivals, and other types of special events that (i) run for not longer than two
(2) weeks, (ii) are intended or likely to attract substantial crowds, and (iii) are
unlike the customary or usual activities generally associated with the property
where the special event is to be located.
Sign, suspended.\ A sign that is suspended from the underside of a horizontal
plane surface and is supported by such surface.
Sign, temporary.\ A sign that is used in connection with a circumstance,
situation, or event that is designed, intended, or expected to take place or to be
completed within a reasonably short or definite period after the erection of such
sign; or, is intended to remain on the location where it is erected or placed. If
a sign display area is permanent but the message displayed is subject to
periodic changes, that sign shall not be regarded as temporary.
Sign, wall.\ Any sign attached parallel to, but within six (6) inches of a wall,
painted on the wall surface of, or erected and confined within the limits of an
outside wall of any building or structure, which is supported by such wall or
building, and which displays only one (1) sign surface. See also: "sign, facade."
Sign, window.\ Any sign, pictures, symbol, or combination thereof designed
to communicate information about an activity, business, commodity, event,
sale, or service, that is placed inside a window or door or upon the window
panes or glass and is visible from the exterior of the window or door.
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Simplified site plan.\ A plan submitted for a change or expansion of a
commercial, civic, office or industrial use on an existing site and meets the
requirements of section 7-2003.
Site development plan, preliminary/final.\ A plan, to scale, showing uses and
structures proposed for a parcel of land as required by the regulations
pertaining to site plans in this ordinance. Includes lot lines, streets, building
sites, reserved open space, buildings, major landscape features, both natural
and man-made, and any other requirements outlined by article VII.
Slope.\ The degree of deviation of a surface from the horizontal, usually
expressed as a percentage. Slope shall be measured as the vertical rise or fall
to horizontal distance of terrain measured perpendicular to the contour lines at
horizontal intervals of more than ten (10) feet.
Solar orientation.\ The practice of using building placement and design to
capitalize on solar energy and light for heating and interior lighting purposes.
Special flood hazard area.\ The land in the floodplain subject to the one (1%)
percent or greater chance of being flooded in any given year.
Specified anatomical area.\ Such areas include less than completely and
opaque covered human genitals, pubic region, buttocks, female breasts below
a point immediately above the top of the areola, and human male genitals in a
discernibly turgid state, even if completely and opaquely covered.
Specified sexual activity.\ Such activity includes human genitals in a state of
sexual stimulation or arousal, an act of human masturbation, sexual intercourse
or sodomy, and fondling or other erotic touching of human genitals, pubic
region, buttocks or female breasts.
Start of construction.\ For the purpose of floodplain management, other than
new construction and substantial improvement, under the Coastal Barriers
Resource Act, means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition,
placement or other improvement was within one hundred eighty (180) days of
the permit date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings, the
installation of pipes, the construction of columns, or any work beyond the state
of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers, or
foundations or the erection of temporary forms; nor does it include the
32
installation on the property of accessory buildings, such as garages or sheds
not occupied as dwelling units or not part of the main structure. For a
substantial improvement, the actual start of construction means the first
alteration on any wall, ceiling, floor, or other structural part of a building,
whether or not the alteration affects the external dimensions of the building.
Storage.\ The keeping, either indoors or outdoors, of equipment, vehicles, or
supplies used in the conduct of a trade, business, or profession.
Stormwater management.\ For quantitative control, a system of vegetative and
structural measures that control the increased volume and rate of surface runoff
caused by man-made changes to the land; and for qualitative control, a system
of vegetative, structural, and other measures that reduce or eliminate pollutants
that might otherwise be carried by surface runoff.
Stormwater management practice, nonstructural.\ A stormwater management
technique that utilizes the ecological and environmental aspect of a site or area
for the collection, conveyance, channeling, holding, retaining, detaining,
infiltration, diverting, treating or filtering of surface water, and/or runoff.
Stormwater management practice, structural.\ A stormwater management
technique that utilizes a man-made facility and/or apparatus for the collection,
conveyance, channeling, holding, retaining, detaining, infiltration, diverting,
treating or filtering of surface water, and/or runoff.
Story.\ That portion of a building, other than the basement, included between
the surface of any floor and the surface of the floor next above it. If there is no
floor above it, the space between the face and the ceiling next above it.
Story, half.\ A space under a sloping roof, which has the line of intersection of
roof decking and wall not more than three (3) feet above the top floor level,
and in which space more than two-thirds (2/3) of the floor area is finished off
for use other than storage.
Street.\ A public or private thoroughfare used, or intended to be used, for
passage or travel by motor vehicles. A street serves three (3) or more lots. The
word "street" shall include the words "road", and "highway".
Street, arterial.\ A street specifically designed to move high volumes of traffic
from collector streets through the county and not designed to serve abutting
lots except indirectly through intersecting streets. Arterial streets shall include
all U.S. Highways, state primaries with one-, two- or three-digit numbers, and
any other street which the subdivision agent determines is functionally
equivalent to these transportation department classifications.
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Street, collector.\ A relatively low-speed, low-volume street that provides
circulation within and between neighborhoods. Collector streets usually serve
short trips and are intended for collecting trips from local streets and
distributing them to the arterial network. They also form a secondary network
of cross county connectivity.
Street, public.\ A public street or street with respect to which an offer of
dedication has been made and improvements completed which are consistent
with the Isle of Wight County Subdivision Ordinance and the requirements of
the Virginia Department of Transportation or a street or portion thereof which
is included in the state primary or secondary road system.
Structure.\ Anything constructed or erected, the use of which requires
permanent location on the ground, or attachment to something having a
permanent location on the ground. Among other things, structures include
buildings, mobile and manufactured homes, walls, fences, signs, piers, and
swimming pools, etc. For the purpose of floodplain management, a walled and
roofed building, including a gas or liquid storage tank, that is principally above
ground, as well as manufactured home.
Subdivision.\ The division or resubdivision of a lot, tract, or parcel of land by
any means into two (2) or more lots, tracts, parcels or other divisions of land
including changes in existing lot lines for the purpose, whether immediate or
future, of lease, transfer of ownership or building or lot development. The term
subdivision shall also mean the following:
1. Any development of a parcel of land which involves installation of
sanitary sewers, water mains, gas mains or pipes, or other appropriate facilities
for the use, whether immediate or future, of the owners or occupants of the
land, or of the building abutting thereon.
2. Any development of a parcel of land involving two (2) or more principal
structures or involving shopping centers, multiple dwelling projects and the
like which require the installation of streets and/or alleys, even though the
streets and alleys may be not dedicated to public use and the parcel may be
divided for purposes of conveyance transfer or sale.
3. Any development of a parcel of land involving two (2) or more principal
structures or involving shopping centers, multiple dwelling projects and the
like which require the installation of streets and/or alleys, even thought the
streets and alleys may not be dedicated to public use and the parcel may not be
dedicated to public use and the parcel may not be divided for purposes of
conveyance, transfer or sale.
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4. The term "subdivision" includes resubdivision, and as appropriate in this
ordinance, shall refer to the process of subdividing the land or to the land
subdivided.
Substantial damage.\ Damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would equal
or exceed fifty percent (50%) of the market value of the structure before the
damaged occurred.
Substantial improvement.\ Damage of any origin sustained by a structure, the
cost of which equals or exceeds fifty percent (50%) of the market value of the
structure either before the improvement or repair is started or, if the structure
has been damaged, and is being restored, before the damage occurred. For the
purposes of this definition, "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor or other structural part of the
building commences, whether or not that alteration affects the external
dimensions of the structure. For the purpose of floodplain management, the
term does not, however, include either :
1. Any project for improvement of a structure to correct existing violations
of state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions;
2. Any alteration of a historic structure, provided that the alteration will not
preclude the structure’s continued designation as historic structure; or
3. Historic structures undergoing repair or rehabilitation that would
constitute a substantial improvement as defined above, must comply with all
ordinance requirements that do not preclude the structure’s continued
designation as a historic structure. Documentation that a specific ordinance
requirement will cause removal of the structure from the National Register of
Historic Places or the State Inventory of Historic places must be obtained from
the Secretary of the Interior or the State Historic Preservation Officer. Any
exemption from ordinance requirements will be the minimum necessary to
preserve the historic character and design of the structure.
Tower.\ Any structure that is intended for transmitting or receiving television,
radio, telephone, digital, or other similar communications or is used to support
a communication antenna or other similar device.
Tract.\ See "lot."
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Traffic impact analysis (TIA).\ An analysis of the effect of traffic generated by
a development on the capacity, operations, and safety of the public street and
highway system.
Tree, deciduous.\ Any tree which sheds its foliage during a particular season
of the year.
Tree, evergreen.\ Any tree which retains its foliage throughout the entire year.
Tree, heritage.\ Any tree or shrub which has been designated by ordinance of
the Isle of Wight County Board of Supervisors as having notable historic or
cultural significance to any site or which has been so designated in accordance
with an ordinance adopted pursuant to Section 15.2-503 of the Code of
Virginia, as amended.
Tree, mature.\ Any deciduous or evergreen tree with a minimum diameter of
fourteen (14) inches when measured four and one-half (4½) feet above ground
level.
Tree, significant.\ Any deciduous or evergreen tree with a minimum diameter
of twenty-two (22) inches when measured four and one-half (4½) feet above
ground level.
Trip generation.\ The number of trip ends caused, attracted, produced, or
otherwise generated by a specific land use, activity, or development in
accordance with the latest edition of the Trip Generation Manual, published by
the Institute of Transportation Engineers.
Use.\ The purpose or activity, for which a piece of land or its buildings is
designed, arranged or intended, or for which it is occupied or maintained.
Use, permitted.\ A use, which may be lawfully established in a particular
district or districts, provided it conforms with all regulations, requirements, and
standards of this ordinance.
Utility facility.\ Any above or below ground structure or facility (other than
buildings, unless such buildings are used as storage incidental to the operation
of such structures or facilities) owned by a governmental entity, a nonprofit
organization, a corporation, or any entity defined as a public utility for any
purpose and used in connection with the production, generation, transmission,
delivery, collection, or storage of water, sewage, electricity, gas oil, or
electromagnetic signals.
Variance.\ A waiver of the dimensional and numeric requirements of this
ordinance approved by the board of zoning appeals in accordance with section
1-1019 of this ordinance.
Vehicle.\ See "motor vehicle."
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Vehicle moving area.\ Any area on a site where vehicles park or drive.
Video arcade.\ See "commercial indoor amusement" listed under commercial
use types.
Violation.\ For the purpose of floodplain management, the failure of a structure
or other development to be fully compliant with the community’s floodplain
management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance as
outlined in the Floodplain Management Overlay District regulations.
Watercourse.\ Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine, or wash, in and
including any area adjacent thereto which is subject to inundation by water.
Wooded area.\ An area of contiguous wooded vegetation where trees are at a
density of at least one (1) six-inch or greater diameter at breast height (DBH)
tree per three hundred twenty-five (325) square feet of land and where the
branches and leaves form a contiguous canopy.
Xeriscaping.\ Site design and/or gardening techniques which may include the
use of native and/or drought tolerant plants to create a landscape or
environment which does not require any form of supplemental irrigation after
twenty-four (24) months from the time of installation.
Yard.\ An open space on the same lot with a building or structure, unoccupied
and unobstructed from the ground up, except as otherwise permitted in this
ordinance.
Yard, corner side.\ A side yard adjoining a public or private street.
Yard, front.\ A yard extending along the full width of the front lot line between
the side lot lines and from the front lot line to the front building line in depth.
Yard, interior side.\ A side yard, which is located immediately adjacent to
another lot or to an alley separating such yard from another lot.
Yard, rear.\ A yard extending along the full length of the lot and lying between
the rear lot line and the nearest line of the building. Rear yard depth shall be
measured at right angles to the rear line of the lot.
Yard, side.\ A yard lying between the side line of the lot and the nearest line of
the building and extending from the front yard to the rear yard, or in the
absence of either of such front or rear yards, to the front or rear lot lines. Side
yard width shall be measured at right angles to side lines of the lot.
Zero lot line.\ The location of a structure on a lot in such a manner that one (1)
of the structure's sides rest directly on a lot line.
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Zoning administrator.\ The person designated as the official responsible for
enforcing and administering all requirements of the Isle of Wight County
Zoning Ordinance, or his duly authorized designee.
Zoning, base district.\ Those base underlying zoning districts other than special
overlay districts set forth in article IV.
Zoning, planned development district.\ Land area of minimum size, as
specified by district regulations, to be planned and developed using a common
master zoning plan, and containing one (1) or more uses and appurtenant
common areas.
Zoning, special overlay district.\ A district, which is placed over the existing
base zoning and imposes additional restrictions and includes all those districts
listed as special overlay zoning districts in article IV.
Zoning, underlying district.\ See "zoning, base district." (7-7-05; 8-20-09; 11-
4-09; Ord. No. 2013-1-C, 4-18-13, 3-20-14, 6-19-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight
County Board of Supervisors that Appendix B, Zoning, Article VI, entitled
“Overlay Districts”, Section 6-4000, entitled “Floodplain Management
Overlay (FPMO) District of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 6-4000. - Floodplain Management Overlay (FPMO) District.
Sec. 6-4001. - Purpose.
This ordinance is adopted pursuant to the authority granted to localities by
Virginia § 15.2-2280. The purpose of these provisions is to prevent the loss of
life and property, the creation of health and safety hazards, the disruption of
commerce and governmental services, the extraordinary and unnecessary
expenditure of public funds for flood protection and relief, and the impairment
of the tax base by:
A. Regulating uses, activities, and development which, alone or in
combination with other existing or future uses, activities, and development,
will cause unacceptable increases in flood heights, velocities, and frequencies.
B. Restricting or prohibiting certain uses, activities, and development from
locating within districts subject to flooding.
C. Requiring all those uses, activities, and developments that do occur in
floodprone districts to be protected and/or floodproofed against flooding and
flood damage.
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Furthermore, it is the intent of these regulations to ensure that all property
owners within the county are eligible for participation in the National Flood
Insurance Program and able to secure such insurance at nominal rates. (Ord.
No. 2012-3-C, 2-16-12.)
Section 6-4002.-Designation of the Floodplain Administrator
The Zoning Administrator is hereby appointed to administer and implement
these regulations and is referred to herein as the Floodplain Administrator.
Section 6-4003.- Submitting technical data
A community’s base flood elevations may increase or decrease resulting from
physical changes affecting flooding conditions. As soon as practicable, but not
later than six months after the date such information becomes available, a
community shall notify the Federal Emergency Management Agency of the
changes by submitting technical or scientific data. Such a submission is
necessary so that upon confirmation of those physical changes affecting flood
conditions, risk premium rates and floodplain management requirements will
be based upon current data.
Sec. 6-4004. - Applicability.
A. The provisions of this article shall apply to the following areas:
1. Areas designated as being within the 100-year floodplain by the flood
insurance study (FIS) prepared by the Federal Emergency Management
Agency and as delineated on the flood insurance rate map (FIRM) for Isle of
Wight County dated September 4, 2002, and any subsequent revisions or
amendments thereto. A copy of the FIS and FIRM shall be filed in the
department of planning and zoning and are hereby made part of this article.
The Floodplain Management District (as identified in the FIS) is comprised of
five subdistricts: the Floodway District, the Floodfringe District, the
Approximated Floodplain District, the Coastal A Zone and the Coastal High
Hazard Floodplain District. The description of these districts and
corresponding zones are identified in the aforementioned FIS report.
2. Such other areas as may be determined by the zoning administrator to be
essential to the alleviation of potential flood damage caused by the 100-year
flood. Such determination shall be based on drainage and hydrology studies
and amendment or revision of the FIRM shall be requested by the county.
B. The Floodplain Management (FPM) District is an overlay to the existing
underlying zoning district. Therefore, the uses, densities, lot configurations,
setback requirements, height restrictions and accessory uses shall be
determined by the underlying zoning district except as such regulations may
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be modified by application of the regulations in the FPM District. Where these
regulations are at variance with other codes, ordinances and regulations, the
most restrictive regulation shall apply.
C. The delineation of the Floodplain Management District may be revised
by Isle of Wight County where natural or manmade changes have occurred
and/or where more detailed studies have been conducted or undertaken by the
U.S. Army Corps of Engineers or other qualified agency, or an individual
documents the need for such change. However, prior to any such change,
approval must be obtained from the Federal Insurance Administration.
D. Initial interpretations of the boundaries of the Floodplain Management
District shall be made by the zoning administrator. Should a dispute arise
concerning the boundaries of any of the districts, the board of zoning appeals
shall make the necessary determination. The person questioning or contesting
the location of the district boundary shall be given a reasonable opportunity to
present his case to the board and to submit his own technical evidence if he so
desires. (7-7-05.)
Sec. 6-4005. - Compliance and liability.
A. No land shall hereafter be developed and no structure shall be located,
relocated, constructed, reconstructed, enlarged or structurally altered within
the floodplain management district except in full compliance with the terms
and provisions of this section.
B. The degree of flood protection sought by the provisions of this ordinance
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. This ordinance does not imply that areas and
land uses outside the floodplain management district will be free from flooding
or flood damages which may be caused by larger floods or increased flood
heights.
C. This article shall not create liability on the part of Isle of Wight County
or any officer or employee thereof, for any flood damages that result from
reliance on this article or any administrative decision lawfully made
thereunder.
D. Records of actions associated with administering this ordinance shall be
kept on file and maintained by the floodplain administrator. (7-7-05; Ord. No.
2012-3-C, 2-16-12.)
Sec. 6-4006.- Abrogation and Greater Restrictions
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This ordinance supersedes any ordinance currently in effect in flood-
prone districts. Any ordinance, however, shall remain in full force and effect
to the extent that its provisions are more restrictive.
Sec. 6-4007. - Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this article
shall be declared invalid for any reason, such decision shall not affect the
remaining portions of this article. The remaining portions shall remain in full
force and effect; and for this purpose, the provisions of this article are hereby
declared to be severable. (7-7-05.)
Sec. 6-4008. – Penalty for Violation.
Any person who fails to comply with any of the requirements or provisions of
this article or directions of the Floodplain Administrator or any authorized
employee of Isle of Wight County shall be guilty of the appropriate violation
and subject to the penalties therefore.
The VA USBC addresses building code violations and the associated penalties
in Section 104 and Section 115. Violations and associated penalties of the
Zoning Ordinance of Isle of Wight County are addressed in Section 1-1013 of
the Zoning Ordinance.
In addition to the penalties, all other actions are hereby reserved, including an
action in equity for the proper enforcement of this article. The imposition of a
fine or penalty for any violation of, or noncompliance with, this article shall
not excuse the violation or noncompliance or permit it to continue; and all such
persons shall be required to correct or remedy such violations within a
reasonable time. Any structure constructed, reconstructed, enlarged, altered or
relocated in noncompliance with this article may be declared by Isle of Wight
County to be a public nuisance and abatable as such. Flood insurance may be
withheld from structures constructed in violation of this article.
Sec. 6-4009. - Permit required.
All uses, activities, and development occurring within any floodplain district,
including placement of manufactured homes, shall be undertaken only upon
the issuance of a zoning permit. Such development shall be undertaken only
in strict compliance with the provisions of this ordinance and with all other
applicable codes and ordinances, as amended, such as the Virginia Uniform
Statewide Building Code (VA USBC) and the Isle of Wight County
Subdivision Ordinance. Prior to the issuance of any such permit, the
Floodplain Administrator shall require all applications to include compliance
with all applicable state and federal laws and shall review all sites to assure
41
they are reasonably safe from flooding. Under no circumstances shall any use,
activity, and/or development adversely affect the capacity of the channels or
floodways of any watercourse, drainage ditch, or any other drainage facility or
system.
Sec. 6-4010. - Use regulations.
Permitted uses, special permit uses, accessory uses, dimensional standards, and
special requirements shall be as established by the underlying zoning district,
except as specifically modified herein.
A. The following uses shall be specifically prohibited within the floodplain
management district:
1. Landfills, junkyards, outdoor storage of inoperative vehicles;
2. Surface mines/borrow pits;
3. Manufacture, bulk storage, transformation or distribution of petroleum,
chemical or asphalt products or any hazardous materials as defined in either or
both of the following:
a. Superfund Amendment and Reauthorization Act of 1986.
b. Identification and Listing of Hazardous Wastes, 40 C.F.R. (Code of
Federal Regulations) Section 261 (1987).
c. The following products shall be specifically included:
i. Oil and oil products including petrochemicals;
ii. Radioactive materials;
iii. Any materials transported or stored in large commercial quantities (such
as fifty-five-gallon drums) which is a very soluble acid or base, causes
abnormal growth of an organ or organism, or is highly biodegradable, exerting
a strong oxygen demand;
iv. Biologically accumulative poisons;
v. Substances containing the active ingredients or economic poisons that
are or were ever registered in accordance with the provisions of the Federal
Insecticide, Fungicide, and Rodeticide Act, as amended (7 USC 135 et seq.);
vi. Substances highly lethal to mammalian or aquatic life;
4. Storage or land application of industrial wastes;
5. Outdoor storage of equipment, materials, or supplies which are buoyant,
flammable, or explosive;
6. Swimming pools or any other habitable use when the area beneath the
elevated building is enclosed with walls of any type such as solid
nonbreakaway, solid breakaway, or lattice-screen, or when the area beneath
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the elevated building is not enclosed and a swimming pool or any other
obstruction is above natural grade; or
7. Commercial feedlots, as described in section 3-2000
B. The following activities may occur below the level of the 100-year flood
elevation if administered in accordance with section 6-4013 of this article:
1. Nonstructural agricultural activities providing that any storage or
stockpiling of manure shall be elevated to a level no less than two (2) feet
above the elevation of the 100-year flood.
2. Outdoor recreational uses including park areas, golf courses, tennis
courts, and basketball courts.
3. Swimming pools or any other nonhabitable use located below elevated
buildings when the area beneath the elevated building is not enclosed and the
pool or other potential obstruction is flush with the natural grade provided that
a licensed surveyor or engineer certifies that the swimming pool or other
potential obstruction will not be subject to breaking up or floating out of
ground and affecting the piles or columns of the elevated building.
Furthermore, the swimming pool shall meet the same anchoring requirements
as the support system of the elevated building and the area beneath the elevated
building shall never be enclosed with walls or any type.
4. Functionally dependent uses such as docks, piers and wharves.
5. Access roads and parking areas for [subsections] 1. through 4. above.
C. In addition to the prohibited uses in subsection 6-4010.A., the following
restrictions shall apply to areas in the floodway:
1. No encroachments, including fill, new construction, substantial
improvements, or other development shall be permitted in the floodway unless
it has been demonstrated through hydrologic and hydraulic analyses performed
in accordance with standard engineering practice that the proposed
encroachment would not result in any increase in the 100-year flood elevation.
2. Existing nonconforming structures within the floodway may not be
expanded; however, they may be repaired, altered or modified to incorporate
floodproofing measures, provided such measures do not raise the level of the
100-year flood. (7-7-05; Ord. No. 2012-3-C, 2-16-12.)
Sec. 6-4011. - General provisions.
A. No construction or improvement within the Floodplain Management
District shall obstruct or unduly restrict any channel, whether or not such
channel lies within a designated floodway.
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B. Watercourses shall not be altered or relocated except upon the
presentation of data, certified by a licensed engineer, that the flood-carrying
capacity of such a modified watercourse will be at least equal to that prior to
modification. Evidence of all necessary permits or approvals for the Federal
Insurance Administrator, the U.S. Army Corps of Engineers, the Virginia
Marine Resources Commission, and the Virginia Department Environmental
Quality shall be required prior to such modification.
C. The Floodplain Administrator shall notify adjacent localities of
watercourse alterations or relocations.
D. Adequate drainage shall be provided to reduce exposure to flood hazards.
All storm drainage facilities shall be designed to convey the flow of surface
waters away from buildings and on-site waste disposal sites and prevent the
discharge of excess runoff onto adjacent properties in order to avoid damage
to persons or property. (7-7-05.)
Sec. 6-4012. - Special standards and requirements.
A. Standards for subdivision plats and site plans. ..... Preliminary plans,
development plans and final subdivision plats of all properties, all or part of
which are located within any floodplain management district, must be prepared
and sealed by a licensed surveyor or engineer. All proposals shall be consistent
with the need to minimize flood damage. The following information, in
addition to that which would otherwise be required, shall be provided on the
respective plan.
1. The 100-year flood boundary, as depicted on the FIRM and the flood
hazard zone classification(s) shall be depicted on preliminary plans,
development plans, and final plats.
2. Development plans shall provide topographical information for the site
at a maximum contour interval of two (2) feet, provided however that a one-
foot contour interval for one (1) foot lesser and one (1) foot greater than the
100-year flood boundary shall be shown.
3. The elevation of the finished surface of the ground at each comer of each
existing building located within any flood hazard zone shall be shown on
development plans and final plats.
4. The elevation of the lowest floor including basement shall be shown on
development plans for new construction or final plats of property with existing
structures.
5. For structures to be floodproofed (nonresidential only), the elevation to
which the structure will be floodproofed and certified floodproofed.
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6. In "VE" zones, the elevation (in N.G.V.D.) of the bottom of the lowest
horizontal structural member of the lowest floor (excluding pilings or
columns).
7. All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood hazards.
8. Base flood elevation data obtained from other sources or developed
using detailed methodologies, hydraulic and hydrologic analysis, comparable
to those contained in the Flood Insurance Study for subdivision developments
and other proposed development proposals (including manufactured home
parks and subdivisions) that exceed fifty (50) lots or five (5) acres, whichever
is the lesser, shall be shown.
B. Standards for utilities. .....All new or replacement utilities, water
filtration, and wastewater treatment facilities, installed in the floodplain
management district shall be designed to prevent the infiltration of floodwaters
into or discharge from said utilities and constructed to minimize the potential
for flood damage.
Where private waste disposal systems are to be installed or replaced, they shall
be installed so that they will not be permanently contaminated or impaired by
a base flood.
C. Standards for streets and roads. ..... Streets and sidewalks should be
designed to minimize their potential for increasing and aggravating the levels
of flood flow. Drainage openings shall be required to sufficiently discharge
flood flows without unduly increasing flood height.
D. Standards for filling of floodplain areas.
1. Where fill within the floodplain management district is proposed, the
following minimum standards shall apply:
a. Prior to any fill, the floodway must be determined and no fill shall cause
the adjacent base flood elevation to increase more than one foot.
b. Fill areas shall extend laterally a minimum of fifteen (15) feet beyond
building lines from all points.
c. Fill material shall consist only of soil and small rock materials (must pass
through a three-inch opening ASTM standard sieve). Organic materials, such
as tree stumps, asphalt, and rubble, shall be prohibited.
d. Fill areas shall be graded to a finished slope of no steeper than one (1)
vertical to three (3) horizontal, unless substantiated data, certified by a licensed
engineer, which justifies steeper slopes, is submitted to and approved by the
zoning administrator.
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e. The zoning administrator shall impose any additional standards deemed
necessary to ensure the safety of the community and properties from additional
flood hazard potentials caused by filling within the floodplain management
district.
2. Filling or any other encroachment into a regulatory or other designated
floodway which, as determined by the zoning administrator, in any way
impairs its flood conveyance shall be prohibited.
3. Filling or any other encroachment into any channel within the floodplain
management district which would, as determined by the zoning administrator,
obstruct or unduly restrict water flows through said channel and, in so doing,
increase the potential for flood damage, shall be prohibited whether or not such
channel lies within the regulatory or other designated floodway.
4. The filling of any portion of property solely to increase the elevation of
the land to meet minimum lot area requirements and thereby create a buildable
lot for residential construction within the floodplain management district shall
be prohibited.
5. These standards may be individually waived by the zoning administrator,
upon the recommendation of the Isle of Wight County Wetlands Board for
approved parks, recreation facilities, shoreline erosion control and beach
maintenance projects where sufficient data is presented justifying the project
and where it is demonstrated that such actions will not increase flood levels on
any properties.
E. Construction standards for properties in zone A.
1. All new construction and substantial improvements in zone A must
comply with all standards applicable to zone AE contained in this section and
the floodplain construction provisions of the Virginia Uniform Statewide
Building Code. In addition, the owner and/or developer of such property shall
provide to the zoning administrator sufficiently detailed hydrologic and
hydraulic analyses, certified by a licensed engineer, to determine state and
other acceptable sources.
F. Construction standards for properties in zone AE. .....All new
construction and substantial improvements in the floodplain management
district shall occur in accordance with the applicable floodplain construction
provisions for zone AE contained in the Virginia Uniform Statewide Building
Code. The zoning administrator shall satisfy himself that all applicable
provisions have been complied with prior to issuing building permits or
46
temporary or permanent certificates of occupancy. In addition, the following
standards shall apply:
1. All new and replacement electrical equipment, and heating, ventilating,
air conditioning and other service facilities shall be installed at least one and
one-half (1½) feet above the base flood elevation or otherwise designed and
located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
2. All electrical distribution panels shall be installed at least three (3) feet
above the base flood elevation or otherwise designed and located so as to
prevent inundation.
3. In all cases, elevation of the lowest floor of the structure, including
basements, to at least one and one-half (1½) feet above the base flood elevation
or, in the case of nonresidential structures, floodproofing to at least that level.
All new and substantially improved structures shall be constructed according
to the VA USBC, and anchored to prevent flotation, collapse or lateral
movement of the structure. The lowest floor elevation of any new residential
structure, including basements, constructed within a flood plain area shall be
at least one and one-half (1½) feet above based flood elevation. The lowest
floor elevation of any new nonresidential structure constructed within a
floodplain area shall be at least one (1) foot above base flood elevation, unless
such structure is floodproofed. In addition, no existing structure shall be
modified, expanded or enlarged unless the new construction complies with this
standard.
4. Manufactured homes that are placed or substantially improved on sites
shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home elevated a least one and one-half (1½) feet base flood level
and be securely anchored to an adequately anchored foundation system to resist
floatation, collapse and lateral movement.
5. Recreational vehicles placed on sites shall either:
a. Be on the site for fewer than one hundred eighty (180) consecutive days,
be fully licensed and ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick disconnect type utilities and has
no permanently attached additions.; or meet the permit requirements for
placement and the elevation and anchoring requirements for manufactured
homes in subsection F.4. of this section.
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6. New construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
7. New construction and substantial improvements shall be constructed by
methods and practices that minimize flood damage.
8. New development shall not be permitted unless it is demonstrated that
the cumulative effect of all past and projected development will not increase
the base flood elevation by more than one (1) foot.
9. For floodproofed non-residential structures, a licensed professional
engineer or architect must certify the structure has been floodproofed.
10. Where base flood elevation data has been utilized and obtained, as
required by this ordinance, the Floodplain Administrator shall obtain, record,
and maintain the actual finished construction elevations of the lowest floor and
flood proofing elevations. This information shall be recorded on a current
FEMA Elevation Certificate signed and sealed by a professional licensed land
surveyor.
11. Fully enclosed areas of new construction or substantially improved
structures, which are below regulatory flood protection elevation shall:
a. not be designed or used for human habitation, but shall only be used for
parking of vehicles, building access or limited storage of maintenance
equipment used in connection with the premises. Access to the enclosed area
shall be the minimum necessary to allow for parking of vehicles (garage door)
or limited storage of maintenance equipment (standard exterior door), or entry
to the living area (stairway or elevator);
b. be constructed entirely of flood resistant materials below the regulatory
floor protection elevation;
c. include measures to automatically equalize hydrostatic flood forces on
walls by allowing for the entry and exit of floodwaters. To meet this
requirement, the openings must either be certified by a professional engineer
or architect or meet the following minimum design criteria:
i. Provide a minimum of two openings on different sides of each
enclosed area subject to flooding.
ii. The total net area of all openings must be at least one (1) square inch
for each square foot of enclosed area subject to flooding.
iii. If a building has more than one enclosed area, each area must have
openings to allow floodwater to automatically enter and exit.
iv.The bottom of all required openings shall be no higher than one (1)
foot above the adjacent grade
48
v Openings may be equipped with screens, louvers, or other opening
coverings or devices, provided they permit the automatic flow of floodwaters
in both directions.
vi. Foundation enclosures made of flexible skirting are not considered
enclosures for regulatory purposes, and, therefore, do not require openings.
Masonry or wood underpinning, regardless of structural status, is considered
an enclosure and requires openings as outlined above.
G. Construction standards for properties in coastal A zones. ..... All new
construction and substantial improvements in coastal A zones of the floodplain
management area shall comply with the provisions of the AE zone as set forth
in Section 6-4012.F.
H. Construction standards for properties in coastal high hazard area. ..... All
new construction and substantial improvements in the V-zones of the
floodplain management area shall occur in accordance with the applicable
floodplain construction provisions contained in the Virginia Uniform
Statewide Building Code. The zoning administrator shall satisfy himself that
all applicable provisions have been complied with prior to issuing building
permits or temporary or permanent certificates of occupancy. In addition, the
following standards shall apply:
1. All new construction shall be located landward of the reach of mean high
tide.
2. There shall be no fill used as structural support.
3. There shall be no alteration of sand dunes, watercourses or banks, which
would increase potential flood damage.
4. Within V-zones on the flood insurance rate map, obtain the elevation (in
relation to mean sea level) of the bottom of the lowest horizontal structural
member of the lowest floor (excluding pilings and columns) of all new and
substantially improved structures.
5. All new construction and substantial improvements elevated on pilings
and columns must have the bottom of the lowest horizontal structural member
of the lowest floor (excluding the pilings or columns) elevated at least one and
one half (1 1/2) feet above the base flood level and the pile or column
foundation and structure attached thereto must be anchored to resist flotation,
collapse and lateral movement due to the effects of wind and water loads acting
simultaneously on all building components. Water-loading values used shall
be those associated with the base flood. Wind-loading values used shall be
those required by applicable state or local building standards. A registered
49
professional engineer or architect shall develop or review the structural design
and methods of construction and shall certify that design and methods of
construction to be used are in accordance with accepted standards.
6. Provide that all new construction and substantial improvements, within
zones VE, V1-30 and V on the community's FIRM, have the space below the
lowest floor either free of obstruction or constructed with nonsupporting
breakaway walls, open wood lattice-work, or insect screening intended to
collapse under wind and water loads without causing collapse, displacement,
or other structural damage to the elevated portion of the building or supporting
foundation system. For the purpose of this section, a breakaway wall shall have
a design safe loading resistance of not less than ten (10) and no more than
twenty (20) pounds per square foot. Use of breakaway walls which exceed a
design safe-loading resistance of twenty (20) pounds per square foot (either by
design or when so required by local or state codes) may be permitted only if a
registered professional engineer or architect certifies that the designs proposed
meet the following conditions:
a. The elevated portion of the building and supporting foundation system
shall not be subject to collapse, displacement, or other structural damage due
to the effects of wind and water loads acting simultaneously on all building
components (structural and nonstructural). Water-loading values used shall be
those associated with the base flood.
b. Wind-loading values used shall be those required by applicable state or
local building standards. Such enclosed space shall be usable solely for parking
of vehicles, building access or storage.
7. All recreational vehicles placed in V-zones shall be:
a. On site for fewer than one hundred eighty (180) consecutive days; and
b. Be fully licensed and ready for highway use; or
c. Meet the same standards as for conventional housing in V-zones.
8. All new and replacement electrical equipment, and heating, ventilating,
air conditioning and other service facilities shall be installed at least three (3)
feet above the base flood elevation or otherwise designed and located so as to
prevent water from entering or accumulating within the system.
9. All electrical distribution panels shall be installed at least three(3) feet
above the base flood elevation or otherwise located so as to prevent inundation.
10. In all cases, elevation of the lowest horizontal structural member of the
lowest floor of the structure, excluding pilings or columns, to at least one and
50
one half (1 1/2) feet above the base flood elevation and may result in a
reduction of flood insurance premiums. (7-7-05; Ord. No. 2012-3-C, 2-16-12.)
11. Manufactured homes that are placed or substantially improved on sites
shall meet the same standards as conventional housing in V-zones.
Sec. 6-4013. - Variances.
A. In acting upon application for variances from the provisions of this
article, in addition to the requirements elsewhere set forth in this ordinance, the
board of zoning appeals shall consider the following additional factors:
1. The danger to life and property due to increased flood heights or
velocities caused by encroachments. No variance shall be granted for any
proposed use, development, or activity within any floodway that will cause any
increase in the 100-year flood elevation;
2. The danger that materials may be swept on to other lands or downstream
to the injury of others;
3. The proposed water supply and sanitation systems and the ability of these
systems to prevent disease, contamination, and unsanitary conditions;
4. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owners;
5. The importance of the services provided by the proposed facility to the
community;
6. The requirements of the facility for a waterfront location;
7. The availability of alternative locations not subject to flooding for the
proposed use;
8. The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future;
9. The relationship of the proposed use to the comprehensive plan and
floodplain management program for the area;
10. The safety of access by ordinary and emergency vehicles to the property
in time of flood;
11. The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters expected at the site;
12. The repair or rehabilitation of historic structures upon a determination
that the proposed repair or rehabilitation will not preclude the structures
continued designation as a historic structure and the variance is the minimum
necessary to preserve the historic character and design of the structure;
13. Such other factors which are relevant to the purpose of this ordinance.
51
B. The board of zoning appeals may refer any application and
accompanying documentation pertaining to any request for a variance to any
engineer or other qualified person or agency in relation to flood heights and
velocities, and the adequacy of the plans for flood protection and other related
matters, at the expense of the applicant.
C. Variances shall be issued only after the board of zoning appeals has
determined that the granting of such will not result in:
1. Prohibited increases in the height of the floodway;
2. Additional threats to public safety;
3. Extraordinary public expense and will not create nuisances;
4. Cause fraud or victimization of the public; or
5. Conflict with local laws or ordinances.
Variances shall be issued only after the board of zoning appeals has determined
that variance will be the minimum required to provide relief from an undue
hardship to the applicant.
The board of zoning appeals shall notify the applicant for a variance, in writing,
that the issuance of a variance to construct a structure below the 100- year flood
elevation (a) increases the risks to life and property and (b) will result in
increased premium rates for flood insurance.
A record shall be maintained of the above notification as well as all variance
actions, including justification for the issuance of the variances. Any variances
which are issued shall be noted in the annual or biennial report submitted to
the Federal Insurance Administrator. (7-7-05; Ord. No. 2012-3-C, 2-16-12.)
Sec. 6-4014. - Existing structures in Floodplain Management District.
A structure or use of a structure or premises which lawfully existed before the
enactment of these provisions, but which is not in conformity with these
provisions, may be continued subject to the following conditions:
A. Existing structures in the floodway shall not be expanded or enlarged
unless it has been demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the proposed
expansion would not result in any increase in the 100-year flood elevation.
B. Any modification, alteration, repair, reconstruction, or improvement of
any kind to a structure and/or use located in any flood plain area to an extent
or amount of less than fifty (50) percent of its market value shall conform to
the Virginia Uniform Statewide Building Code.
C. The modification, alteration, repair, reconstruction, or improvement of
any kind to a structure and/or use, regardless of its location in a flood plain
52
area to an extent or amount of fifty (50) percent or more of its market value
shall be undertaken only in full compliance with this ordinance and shall
require the entire structure to conform to the Virginia Uniform Statewide
Building Code. (7-7-05; Ord. No. 2012-3-C, 2-16-12.)
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
C. Amendment to Chapter 15, Taxation, Article V. Correction of
Assessments and Refunds, Section 15-19 of the County Code of
Ordinances to Amend Erroneous Tax Refund Procedure
County Attorney Popovich provide an overview of the proposed
amendment which streamlines the process in accordance with the Code of
Virginia.
Chairman Bailey called for persons to speak in favor or in opposition to
the proposed amendment.
No one appeared and spoke.
Chairman Bailey closed the public hearing and called for comments from
the Board.
Supervisor Darden moved that the following Ordinance amendment be
adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 15. TAXATION. ARTICLE V. CORRECTION OF
ASSESSMENTS AND REFUNDS. SECTION 15-19. EXONERATION OR
REFUND OF TAXES – GENERALLY.
WHEREAS, on October 17, 1996, the Isle of Wight County Board of
Supervisors enacted Section 15-19 to the Isle of Wight County Code to provide
53
for the correction and/or refund of erroneously assessed taxes pursuant to
Section 58.1-3981 of the Code of Virginia (1950, as amended); and
WHEREAS, Section 58.1-3981 allows for the correction of erroneous
assessments through the certification by the Commissioner of the Revenue and
the County Attorney or by approval of the Treasurer, for amounts not to exceed
$2,500; and
WHEREAS, Section 15-19, as enacted, has placed an unnecessary
restriction on the correction of tax assessments by only allowing the
Commissioner of the Revenue and County Attorney to certify the need for a
correction up to $2,500, after which the Isle of Wight County Board of
Supervisors must approve such refunds; and
WHEREAS, the Isle of Wight County Board of Supervisors now deems
it to be in the best interest of the citizens of Isle of Wight County to streamline
this process as authorized by Section 58.1-3981 of the Code of Virginia (1950,
as amended) to allow for all correction of erroneous tax assessments,
irrespective of the amount, to be authority with the certification of the
Commissioner of the Revenue and County Attorney, without any further need
for review by the Board of Supervisors.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that Chapter 15. Taxation. Article V.
Correction of Erroneous Assessments and Refunds. Section 15-19.
Exoneration or Refund of Taxes - Generally of the Isle of Wight County Code
be amended and reenacted as follows:
Sec. 15-19. Exoneration or Refund of Taxes - Generally.
If the assessment exceeds the proper amount and has not been paid into the
treasury of the County, the Commissioner of the Revenue shall exonerate the
applicant from the payment of so much as is erroneously charged. If the taxes
have been paid into the treasury of the County, the county treasurer shall refund
to the applicant the amount erroneously paid, with interest, upon certification
from the Commissioner of the Revenue and the County Attorney that such
assessment was erroneous. Said approval by the County Attorney will not be
54
required when the amount of the erroneous assessment does not exceed One
Thousand Dollars ($1,000.00). In the event that the erroneous assessment
exceeds the sum of One Thousand Dollars ($1,000.00), the Commissioner of
the Revenue shall provide the Board of Supervisors with appropriate
notification of such refund. (11-5-87; 10-17-96; 8-21-14.)
For state law as to authority of the County to correct erroneous tax assessments,
see Code of Va., § 58.1-3981.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
D. Amend Chapter 11, Motor Vehicles and Traffic, Article 2, Motor
Vehicle Licenses, Sections 11-4 and 11-6.
Mr. Meek provided an overview of the amendment as approved in the
2015 budget.
Chairman Bailey called for persons to speak in favor or in opposition to
the proposed amendment.
No one appeared and spoke.
Chairman Bailey closed the public hearing and called for comments from
the Board.
Supervisor Casteen moved that the following Ordinance amendment be
adopted:
ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING CHAPTER 11, MOTOR
VEHICLES AND TRAFFIC, ARTICLE 2, MOTOR VEHICLE LICENSES,
SECTIONS 11-4 TAX YEAR AND 11-6 AMOUNT OF TAX –
GENERALLY
55
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia
has adopted the Fiscal Year 2014-2015 Operating & Capital Budget; and,
WHEREAS, the adopted Fiscal Year 2014-2015 Operating & Capital
Budget provides for a vehicle license tax of $33 for all motor vehicles except
motorcycles and motorbikes of similar design, vehicles with National Guard
land farm truck, or farm use license plates, and other motor vehicles that may
qualify for free local licenses as prescribed in Chapter 11, Article 2, Section
11-6 of the Isle of Wight County Code; and,
WHEREAS, certain references to “fees” should be amended to “tax” in
order to maintain consistency within Chapter 11, Article 2, Section 11-4.
NOW, THEREFORE, BE IT ORDAINED, that the Board of Supervisors of
the County of Isle of Wight, Virginia that Chapter 11, Article 2, Sections 11-4
and 11-6 of the Isle of Wight County Code are amended and reenacted as
follows:
Sec. 11-4. Tax year
(a)
After a motor vehicle has been assessed for personal property tax purposes by
the Commissioner of the Revenue, or registered with and assessed by the
Commissioner of Revenue for personal property tax purposes, the County
Treasurer shall mail to the taxpayer a bill for the license fee tax for the current
and subsequent year. The license fee tax shall be listed as a separate item on
each year's annual personal property tax bill and shall be due on or before
December 5 or as indicated on the tax bill.
(b)
Upon payment of the license fee prescribed by this article and compliance with
all other applicable provisions of this article, the County Treasurer shall mark
the records to indicate that the license fee tax has been paid for the taxpayer's
vehicle for which the license fee tax was charged.
Sec. 11-6. Amount of tax—Generally
A license tax of eighteen dollars for each license tax year, as hereinafter
provided for, is hereby imposed on each and every motorcycle, motor scooter,
motorbike or other motor vehicle of like design or similar thereto to which this
56
article is applicable, and a license tax of thirty-three dollars for each license tax
year, as hereinafter provided for, is hereby imposed on each and every other
kind and type of motor vehicle to which this article is applicable. A license tax
of ten dollars for each license year, as hereinafter provided for, is hereby
imposed on the following: each National Guard license plate with "NG" and
each farm truck license plate with an "F". Vehicles with "Farm Use" license
plates are not subject to a license fee.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
//
Chairman Bailey declared a break.
//
COUNTY ATTORNEY’S REPORT
Responsive to a recommendation by Supervisor Casteen that the by-laws
for the Social Services Board be changed to reflect the membership of that
Board be comprised of County citizens, County Attorney Popovich presented
a revised set of by-laws reflecting the removal of the Board representative for
the Board’s consideration.
Supervisor Casteen moved that the revised Social Services By-laws be
adopted as revised. The motion was adopted by a vote of (5-0) with
Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
County Attorney Popovich presented proposed revisions to Chapter 3,
Article VIII, Code Enforcement Policy, pertaining to Zoning Administration
and Enforcement for the Board’s consideration.
Chairman Bailey moved that the revisions be adopted. The motion was
adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden
57
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
County Attorney Popovich presented proposed revisions submitted by
Attorney Crook to the County’s Facility Use Agreement. He recommended
that the revisions be denied, noting that doing so for only two (2) organizations
would be providing them with special privileges not afforded to the County’s
other five volunteer organizations that have signed the Agreement.
Supervisor Casteen moved that the request for changes to the Facilities
Use Agreement be denied. The motion was adopted by a vote of (5-0) with
Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
Responsive to Mr. Mitchell’s concern regarding the potential impact on
Carrollton Volunteer Fire Department’s fund raisers should that organization
sign a Facility Use Agreement with the County, Mr. Mitchell was requested to
make a list of activities to be held at that facility for approval by the County
Administrator.
//
COUNTY ADMINISTRATOR’S REPORT
County Administrator Seward presented proposed amendments to
Chapters 6 & 7, County Policy Manual to Address State Requirements for
Acceptable Computer and Phone Usage by Employees and Public Officials.
Supervisor Alphin moved that the amendments be adopted. The motion
was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen,
Darden and Jefferson voting in favor of the motion and no Supervisors voting
against the motion.
Michael W. Terry, Director of Budget and Finance, presented the
County’s Quarterly Financial Report for the 4th Quarter FY14.
58
Jamie Oliver, Transportation Planner, provided an update on County
transportation projects.
Mr. Haltom presented the proposed transition plan for the County’s solid
waste.
Mr. Haltom briefed the Board on a recent water leak in the County’s
water system which resulted in a bill from the Town of Windsor to the County
of $28,700. He advised that staff’s request to the Town for relief was denied
based on the Town’s adopted policy.
Supervisor Casteen moved that the Chairman be authorized to sign a
letter from the County to the Town of Windsor requesting reconsideration of
the County’s request for relief given the circumstances and the significant
added financial burden to the County. The motion was adopted by a vote of
(5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting
in favor of the motion and no Supervisors voting against the motion.
County Administrator Seward presented a request from the Mayor of
Windsor to schedule a Windsor Intergovernmental Relations Committee
meeting with County officials to discuss the proposed alignment alternatives
for the Route 460 project.
Supervisor Alphin moved that an intergovernmental meeting be set for
August 27, 2014 at 3:00 p.m. with the Town of Windsor. The motion was
adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
Trenton Blowe, the County’s newly hired Planner I in the Department of
Planning and Zoning, was formally introduced to the Board.
//
UNFINISHED/OLD BUSINESS
59
Responsive to the Board’s directive at its July meeting, Mr. Furlo
reiterated staff’s recommendations for solutions and strategies for addressing
concerns associated with Tyler’s Beach.
Supervisor Jefferson briefed the Board regarding progress made to date
at Tyler’s Beach in order to address concerns noted at the Board’s July 2014
meeting. He reiterated his opposition to the hiring of a Park Ranger and he
recommended that any funds associated with the proposed position rather be
spent on enhancing the boat harbor. He recommended a Town Hall meeting
be held and signage be posted educating users of the harbor of their respective
responsibilities. He recommended that violations at the harbor be handled by
the Sheriff’s department.
Supervisor Darden moved that the matter be tabled for six (6) months in
order that the public can be educated. The motion was adopted by a vote of
(5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting
in favor of the motion and no Supervisors voting against the motion.
Responsive to the Board’s direction at its July 2014 meeting, County
Administrator Seward presented a proposed agenda for the Board’s retreat
scheduled for September 19, 2014.
Chairman Bailey moved that the agenda for the Board’s Retreat
scheduled for Friday, September 19, 2014 be approved; that staff be directed
to invite the Planning Commission members to attend the road trends and
development strategies session of the Retreat; and, to disseminate the citizens
satisfaction survey to include Option 2. The motion was adopted by a vote of
(5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting
in favor of the motion and no Supervisors voting against the motion.
Responsive to Supervisor Alphin’s request for clarification of the
Board’s intent of its previous motion to consider withdrawing funding for those
County’s fire and rescue organizations that did not sign the Facilities Use
Agreement, Supervisor Darden moved that retro payments be made for the two
(2) departments, but if the County does not receive a signed Facilities Use
Agreement from them then emergency funding for them will be done on an as-
needed basis. The motion was adopted by a vote of (5-0) with Supervisors
60
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
//
NEW BUSINESS
No new business was offered for discussion by the Board.
//
County Administrator Seward mentioned the following information
items contained in the agenda: Delinquent Tax Collection Report; Treasurer’s
Statement of Accountability; Windsor Water Bill; Letter from Rick Morris;
litter pickup update; and, an adopted Operating and Capital Budgets document.
//
CLOSED MEETING
County Attorney Popovich requested a closed meeting pursuant to
Section 2.2-3711(A)(3) of the Code of Virginia concerning discussion
regarding the disposition of publicly held real property where the discussion in
open session would adversely affect the bargaining position and negotiating
strategy of the governing body relating to property in the Newport and
Carrsville Election Districts; pursuant to Section 2.2-3711(A)(5) concerning
discussion relating to five (5) businesses or industries where no previous
announcement has been made of the business or industry’s locating their
facilities in the County; pursuant to Section 2.2-3711(A)(1) concerning the
resignation and promotion of two (2) specific public employees; and, pursuant
to Section 2.2-3711(A)(1) concerning the performance of two (2) specific
public appointees.
Chairman Bailey moved that the Board enter the closed meeting for the
reasons stated. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
61
Supervisor Alphin moved that the Board return to open meeting. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Alphin moved that the following Resolution be 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: Bailey, Darden, Jefferson, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
//
62
At 10:00 p.m., the Chairman declared the meeting adjourned.
_______________________
Byron B. Bailey, Chairman
______________________
Carey Mills Storm, Clerk
ISSUE:
Regional Reports
BACKGROUND:
The Board of Supervisors has previously directed that an opportunity be
provided for monthly status briefings from Board members who serve as
representatives to the various regional committees and authorities on behalf
of the County.
RECOMMENDATION:
Receive an oral report.
ATTACHMENT:
Listing of regional committees/authorities and Board representation
2014 REGIONAL MEETINGS
Chamber of Commerce Supervisor Casteen
(Liaison/Ex‐Officio)
Franklin Intergovernmental Relations Committee Supervisor Alphin
Supervisor Darden
Hampton Roads Economic Development Alliance Chairman Bailey
Hampton Roads Transportation Planning Organization Supervisor Darden
Chairman Bailey (Alternate)
Hampton Roads Military and Federal Facilities Alliance Supervisor Darden
Hampton Roads Partnership Chairman Bailey
Hampton Roads Planning District Commission Supervisor Darden
Joint Tourism Committee Chairman Bailey
Supervisor Darden
Mayors and Chairs Caucus Chairman Bailey
Smithfield Intergovernmental Relations Committee Chairman Bailey
Supervisor Casteen
Supervisor Darden
Social Services Board Supervisor Casteen
Solid Waste Committee Supervisor Alphin
Supervisor Darden
Southeastern Public Service Authority Anne F. Seward
Mark C. Popovich
Southside Mayors and Chairs Chairman Bailey
Western Tidewater Regional Jail Authority Supervisor Alphin
Supervisor Jefferson
Western Tidewater Water Authority Supervisor Darden
Supervisor Casteen
Windsor Intergovernmental Relations Committee Supervisor Alphin
Supervisor Darden
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Committees Member
Building, Grounds & Transportation Al Casteen January 2015
Buzz B. Bailey January 2015
Community Development Rex W. Alphin January 2015
Delores C. Darden January 2015
Joint Tourism Committee Al Casteen January 2015
Delores C. Darden January 2015
Parks, Recreation & Cultural Rex W. Alphin January 2015
Rudolph Jefferson January 2015
Personnel Delores C. Darden January 2015
Rudolph Jefferson January 2015
Public Safety Al Casteen January 2015
Rudolph Jefferson January 2015
Franklin Intergovernmental Relations Committee Rex W. Alphin January 2015
Delores C. Darden January 2015
Smithfield Intergovernmental Relations Committee Al Casteen January 2015
Rudolph Jefferson January 2015
Windsor Intergovernmental Relations Committee Rex W. Alphin January 2015
Delores C. Darden January 2015
Term Expires
2014 Appointed Committees
Board Chairman
November 20, 2014/MT
ISSUE:
Special Presentation - Audit CAFR Report
BACKGROUND:
Each year the County undergoes an annual audit of its financial records
and internal controls with a report presented to the Board of Supervisors.
Cherry Bekaert, LLP, the County’s audit firm, will discuss the auditor’s
report in connection with the annual audit of the County’s financial
statements.
RECOMMENDATION:
For the Board’s information.
ATTACHMENTS:
To be presented at the Board’s meeting on November 20, 2014
ISSUE:
Special Presentation – Animal Control Adoption Program
BACKGROUND:
Staff will provide a brief display of animals which are
currently available for adoption at the County’s animal
shelter.
RECOMMENDATION:
Receive presentation.
ATTACHMENTS:
None
November 20, 2014/MCP
ISSUE:
Motion – Amend and Reenact Chapter 2, Section 2-7, Disclosure
of Personal Interests
BACKGROUND:
The Virginia General Assembly enacted certain revisions to the
Virginia Conflict of Interests Act (the “Act”). The provisions of
the Isle of Wight County Code were enacted in accordance with
the previous requirements of the Act. As such, certain technical
revisions to the County Code are necessary in order to conform to
the new provisions of the Act.
BUDGETARY IMPACT:
None
RECOMMENDATION:
Adopt a motion to approve the proposed revisions to Chapter 2,
Section 2-7, Disclosure of Personal Interests as presented.
ATTACHMENT(S):
Proposed revisions to Chapter 2, Section 2-7, Disclosure of
Personal Interests
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 2. ADMINISTRATION. ARTICLE I. IN GENERAL.
SECTION 2-7. DISCLOSURE OF PERSONAL INTERESTS.
WHEREAS, the Virginia General Assembly has enacted certain changes to the Virginia Conflict of
Interest Act; and
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, deems it necessary to update
its current ordinance provisions to comply with said changes;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter
2. Administration. Article 1. In General. Section 2‐7. Disclosure of Personal Interests of the Isle of Wight
County Code be amended and reenacted as follows:
CHAPTER 2.
ADMINISTRATION.
Sec. 2-7. Disclosure of personal interests.
(a) In addition to those government officers and employees required to file annual disclosure statements
of their personal interests and interests in real estate as specified in Section 2.2-3115 of the Code of
Virginia (1950, as amended), that the following persons occupying positions of trust appointed by the
Board of Supervisors of said county are hereby required as a condition to assuming office or employment to file a disclosure statement of their personal interests and other information as is
specified on the form set forth in Section 2.2-3117 of the Code of Virginia (1950, as amended) and
thereafter shall file such a statement annually on or before January 15.
(b) In addition to any disclosure required by Section 2.2-3115 of the Code of Virginia (1950, as amended),
said persons as hereinafter designated, shall file annual disclosures of all of their interests in real
estate located in the county of Isle of Wight. Such disclosure shall include any business in which such persons own an interest or from which income is received, if the primary purpose of the business is to
own, develop or derive compensation through the sale, exchange or development of real estate in the
county or town thereof. Such disclosure shall be filed as a condition to assuming office or employment
and thereafter shall be filed annually with the clerk of the governing body of the county of Isle of Wight
on or before January 15. Such disclosure shall be filed and maintained as public records for five years. Forms for the filing of such reports shall be distributed by the County Administrator to each of the
persons so designated to declare his interests.
(c) Additionally, an officer or employee of local government who is required by this section to declare his
interests shall declare his interests by stating (1) the transaction involved, (2) the nature of the office
or employee's personal interest affected by the transaction, (3) that he is a member of the business,
profession, occupation or group the members of which are affected by the transaction, and (4) that he
is able to participate in the transaction fairly, objectively, and in the public interest. The officer or
employee shall make his declaration orally to be recorded in the written minutes of his agency or file
a signed written declaration with the clerk of the Board of Supervisors who shall, in either case, retain
and make available for public inspection such declaration for a period of five years from the date of
recording or receipt. If reasonable time is not available to comply with the provisions of this subsection prior to participation in the transaction, the officer or employee shall prepare and file the required
declaration by the end of the next business day.
(d) The persons holding positions of trust appointed by the Board of Supervisors of Isle of Wight who are
required to file the statements of personal interests and interests in real estate and other information
by this section, are the members of the Board of Supervisors, Planning Commission, Board of Zoning
Appeals, Industrial Development Authority, real estate assessors, Board of Equalization, Board of Assessors, Sheriff, Commissioner of the Revenue, Treasurer, Circuit Court Clerk, Commonwealth's
Attorney, County Administrator and County Attorney.
(e) The ordinance codified in this section shall take effect January 1, 2001, provided, that it will not be
effective for planning commission members, board of zoning appeals members, and industrial
development authority members, presently serving in those positions until the end of their current
terms. (10-19-00; 1-17-08.)
(a) The disclosure of personal interest by the members of the Board of Supervisors, Industrial
Development Authority, Planning Commission, Board of Zoning Appeals, as well as the Treasurer,
Sheriff, Commonwealth’s Attorney, Clerk of the Circuit Court, Commissioner of the Revenue and
County Administrator, shall be made in accordance with the provisions of Sections 2.2-3115 and 2.2-3116 of the Code of Virginia (1950, as amended).
(b) In addition to those persons specifically required to file disclosure statements pursuant to Section 2-
7(a) above, the following nonsalaried citizen members, appointed to designated local boards,
commissions or authorities, shall be required to file a disclosure of personal interest statement as
individuals holding a position of trust in Isle of Wight County:
(1) Members of the Board of Equilization; and
(2) Members of the Board of Assessors.
(c) The County Attorney shall file a disclosure of personal interest form in the same manner and form as
set forth in Section 2-7(a) above.
(d) Every person required to declare his or her personal interest pursuant to Section 2.2-3112(A)(2) and
(3) of the Code of Virginia (1950, as amended), shall do so in accordance with the provisions of Section 2.2-3115(H) and (I) of the Code of Virginia (1950, as amended).
For state law as to authority of the County to require such disclosure,
see Code of Va., §§ 2.2-3115 and 2.2-3116.
Adopted this _____ day of ______________________, 2014.
Byron B. Bailey, Chairman
Board of Supervisors
Attest:
Carey Mills Storm, Clerk
Formatted: Centered, Space After: 0 pt
Formatted: Indent: First line: 0"
Formatted: Space After: 0 pt, Line spacing: single
Approved as to Form:
Mark C. Popovich
County Attorney
Formatted: Indent: First line: 0"
Board of Supervisors Meeting November 20, 2014
RDR
DD Zoning Ordinance Waiver Request
ISSUE:
Motion - Approve Waiver Request of Quible & Associates, P.C. on
Behalf of WEDG Holdings, LLC, for Dunkin Donuts
BACKGROUND:
The applicant has submitted a preliminary site plan to develop a two (2)
unit building containing a Dunkin Donuts and an as yet undetermined
second user, and is requesting a waiver from the aforementioned section
of the zoning ordinance to allow for parking and vehicular movement
areas to be located within the thirty-five (35) foot front setback on a
corner lot. Due to the site’s corner location, the applicant must meet both
the fifty (50) foot front setback on Carrollton Boulevard as required by
the NDSO, as well as a thirty-five (35) foot front setback on Eagle
Harbor Parkway as required by the underlying zoning district. This site
is also constrained by an area of wetlands and its required buffer which
run along the southern property line. Due to these limiting factors the
applicant cannot make use of the site without a waiver.
RECOMMENDATION:
At its August 26, 2014 meeting, the Planning Commission recommended
approval of the waiver request to the Zoning Ordinance by a vote of 9-1.
Staff recommends approval of the waiver request.
ATTACHMENTS:
PC Staff Report and All Attachments
Planning Commission Meeting October 28, 2014
RDR
Zoning Ordinance Amendments
PLANNING REPORT
APPLICATION:
The request of Quible & Associates, P.C. on behalf of WEDG
Holdings, LLC, for waiver from Article VI, Section 6-2007.A.3 of
the Zoning Ordinance, to allow for parking and vehicular
movement areas to be located within the front setback on a corner
lot.
ELECTION DISTRICT:
Newport Election District
LOCATION:
The corner of Carrollton Boulevard (Rt. 17/258/32) and Eagle Harbor
Parkway (Rt. 1970). The property is surrounded by and part of the Eagle
Harbor Development. To the north is phase one of the Eagle Harbor
apartments, to the south is Sonic Drive-in, to the west is Eagle Harbor
shopping center and residential development, and across Carrollton
Boulevard to the east is residential development. The project lies within
the Newport Development Service Overlay District (NDSO).
DESCRIPTION:
The applicant has submitted a preliminary site plan to develop a Dunkin
Donuts and is requesting a waiver from the aforementioned section of
the zoning ordinance to allow for parking and vehicular movement areas
to be located within the thirty-five (35) foot front setback on a corner lot.
Due to the sites corner location the applicant must meet both the fifty
Planning Commission Meeting October 28, 2014
RDR
Zoning Ordinance Amendments
(50) foot front setback on Carrollton Boulevard as required by the
NDSO, as well as a thirty-five (35) foot front setback on Eagle Harbor
Parkway as required by the underlying zoning district. This site is also
constrained by an area of wetlands and its required buffer which run
along the southern property line. Due to these limiting factors the
applicant cannot make use of the site without a waiver.
ORDINANCE REVIEW:
The Project site is within the County’s Newport Development Service
Overlay District (NDSO) and is subject to enhanced design standards
found in the Zoning Ordinance. The design standards outlined in the
NDSO are intended to enhance the aesthetic and visual character of Isle
of Wight County. These standards include criteria for landscaping,
access and internal circulation, and architectural guidelines. The site plan
meets the requirements of the Zoning Ordinance with the exception of
the waiver which is being requested for the following section of the
ordinance.
Section 6-2007.A.3 "Yard and Height Requirements", of the Zoning
Ordinance states that “all corner lots along arterial rights-of-way with
a corner side yard along a street other than an arterial right-of-way
shall meet the front setback requirements of the underlying zoning
district along the corner side not fronting the arterial. No structures,
vehicular movements or parking areas, other than to provide
perpendicular access to the site, shall be permitted in the setback”.
Staff Comment - The applicant is requesting a waiver from the
requirements of the ordinance in order to utilize the site. Due to
the wetland constraints of the site and its configuration on a
corner lot, any use similar in size and nature to the proposed use
would require a waiver request.
Planning Commission Meeting October 28, 2014
RDR
Zoning Ordinance Amendments
STAFF CONCLUSIONS:
Strengths
1. The applicant intends to meet the full landscaping requirements
of the thirty-five (35) foot setback within the fifteen (15) feet that
remain on the Eagle Harbor Parkway frontage if the waiver is
granted.
2. Approval of the waiver request will allow the use of the existing
parcel for its intended commercial use, and will provide
economic benefit to the County.
3. The applicant has made considerable effort and revisions to the
plans and elevations to meet all other requirements of the zoning
ordinance and to present a facility which will be an aesthetic
benefit to the County.
Weaknesses
1. The waiver request is not consistent with the requirements of the
Zoning Ordinance.
STAFF RECOMMENDATION:
Staff recommends approval of the waiver as presented.
ATTACHMENTS:
Location Map
Location Blowup Map
Zoning Map
USGS Map
Written Waiver Request
Building Elevations
Site Plan
Planning Commission Meeting October 28, 2014
RDR
Zoning Ordinance Amendments
Site Images
IOW Economic Development Department Support Letter
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November 20, 2014/MCP
ISSUE:
Staff Report – Draft Ordinance Board of Supervisors’ By-Laws
and Rules of Procedure
BACKGROUND:
As required by the Board of Supervisors’ By-Laws and Rules of
Procedure, the Board is to begin considering any proposed changes
or revisions to its by-laws and rules at this time. Staff is requesting
that the Board provide any comments or suggestions it deem
appropriate so that the County Attorney may revise the by-laws
and rules accordingly in preparation for the adoption of the
Board’s By-laws and Rules of Procedure at its Organizational
Meeting in January, 2015.
BUDGETARY IMPACT:
None
RECOMMENDATION:
Review and provide any suggested revisions to the By-Laws and
Rules of Procedure the Board deems appropriate. Per the request
of the County Administrator, move the Information Items from the
end of the meeting to be incorporated as part of the County
Administrator’s Report.
ATTACHMENT(S):
Draft 2014 By-Laws and Rules of Procedure
ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
BY-LAWS AND RULES OF PROCEDURE
Revised and Adopted April 17, 2014
Revised and Adopted by the Board of Supervisors April 17, 2014 Page 2
ARTICLE 1 – PURPOSE AND BASIC PRINCIPLES
SEC. 1-1. PURPOSE OF BY-LAWS AND RULES OF PROCEDURE
A. To enable County government to transact business expeditiously and efficiently
affording every opportunity to citizens to witness and participate in the operation of government;
B. To protect the rights of each individual Board Member;
C. To preserve the spirit of cooperation among Board members; and
D. To determine the will of the Board on all matters.
SEC. 1-2. FIVE BASIC PRINCIPLES UNDERLYING BY-LAWS AND RULES OF PROCEDURE
A. Only one subject may claim the attention of the Board at one time;
B. Each item presented for consideration is entitled to full and free discussion;
C. Every member has rights equal to every other member;
D. The will of the majority must be carried out, and the rights of the minority must
be preserved; and
E. The desires of each member should be merged into the larger unit of the Isle of
Wight County Board of Supervisors.
ARTICLE 2 – MEETINGS
SEC. 2-1. WHEN AND WHERE REGULAR MEETINGS HELD
A. The time and place of regular meetings and work sessions of the Board of
Supervisors (hereinafter referred to as “the Board”) shall be established at each annual
organizational meeting. Such regular meetings shall be held in the Robert C. Claud, Sr. Board
Room on the third (3rd) Thursday of the month. Such meetings shall begin at 5:00 p.m. for
closed session purposes only, with all other matters to be heard and considered at 6:00 p.m.
Should the Board subsequently change the date, time or place of a regular meeting, it shall
comply with the requirements of Section 15.2-1416 of the Code of Virginia (1950, as amended).
B. Work session meetings shall be held at the same place as regular meetings at such
time(s) as may be determined by the Board.
SEC. 2-2. CONTINUED MEETINGS
A regular or work session meeting shall be continued to the immediately following
regular meeting date, time and place, unless otherwise set, if the Chair, or Vice Chair if the Chair
Revised and Adopted by the Board of Supervisors April 17, 2014 Page 3
is unable to act, finds and declares that weather or other conditions are such that it is hazardous
for members to attend the regular meeting. Such finding shall be communicated to the members
and the press as promptly as possible. All hearings and other matters previously advertised shall
be conducted at the continued meeting and no further advertisement is required.
SEC. 2-3. MEETING TERMINATION
Meetings of the Board shall terminate not later than 11:00 p.m.; provided, however, with
majority consent of those members present and voting, a meeting may be extended.
SEC. 2-4. SPECIAL OR EMERGENCY MEETINGS
A. The Board may hold such special or emergency meetings, as deemed necessary, at
such date, time and place as it may find convenient; and it may adjourn from time to time. A
special or emergency meeting of the Board shall be called pursuant to Sections 15.2-1417 and
15.2-1418 of the Code of Virginia (1950, as amended).
B. Special or emergency meetings may be called by the Chairman or any two (2)
members in writing to the County Administrator for any purpose stated in the notice of the
special or emergency meeting pursuant to Section 15.2-1418 of the Code of Virginia (1950, as
amended). Only matters specified in the notice shall be considered unless all of the members of
the Board are present.
C. Notice, reasonable under the circumstances, to the public and press of any special
or emergency meeting shall be given contemporaneously with the notice provided the members
of the Board and the County Attorney.
SEC. 2-5. LEGAL HOLIDAY
When a regularly scheduled meeting falls on a legal holiday, the meeting shall be held on
the following business day unless the meeting is canceled by a majority of the Board.
SEC. 2-6. ANNUAL ORGANIZATIONAL MEETING
A. The Board shall meet on the first (1st) Thursday of January of each year which
shall be known as the annual organizational meeting. The County Administrator shall preside
during the annual organizational meeting pending the election of the Chair of the Board.
B. The Chair shall be elected at the annual meeting for a term of one year, ending at
the commencement of the organizational meeting the following year.
C. Following the election of the Chair, he or she shall assume the Chair and conduct
the election of the Vice Chair for the same term.
D. Following the election of the Vice Chair, the Board shall:
Revised and Adopted by the Board of Supervisors April 17, 2014 Page 4
1. Appoint the Clerk of the Board (as set forth herein);
2. Establish dates, times and places for its regular meetings;
3. Adopt its By-Laws and Rules of Procedure; and
4. Appoint Board members to standing and ad hoc committee.
SEC. 2-7. PROCEDURE FOR ELECTION OF OFFICERS
A. The following procedures shall be followed to elect the Chair and Vice Chair:
1. The presiding officer shall call for nominations from the membership.
2. Any member, after being recognized by the presiding officer, may place
one or more names in nomination and discuss his or her opinions on the
qualifications of the nominee(s).
3. When all nominations have been made, the presiding officer shall close
the nominating process and call for the vote.
4. Each member may cast one vote for any one nominee.
5. A majority of those voting shall be required to elect the officer.
B. Officers shall serve until replaced.
SEC. 2-8. SEATING ARRANGEMENT
The Board Chair shall occupy the center seat on the dias with the Vice Chair occupying
the seat at his or her immediate left. The remaining members of the Board shall determine their
seating arrangement by seniority with the most senior member selecting his or her seat first and
the remaining members selecting their respective seats in seniority order based on years served
on the Board. In the event that two or more Board members have equal seniority, the selection
of seating for those members shall be by alphabetical order.
SEC. 2-9. QUORUM AND METHOD OF VOTING
A. At any meeting, a majority of the Board shall constitute a quorum.
B. All actions authorized by the Board shall be pursuant to a roll call vote which
shall be taken by the Clerk or Deputy Clerk of the Board. The Clerk or Deputy Clerk shall call
the name of each member and receive in reply the vote of such member as either “Yes” or “No”
on the measure being considered. At the beginning of any meeting, the Clerk shall conduct a
silent roll call of members present and absent.
Revised and Adopted by the Board of Supervisors April 17, 2014 Page 5
C. The order of voting shall be as called by the Clerk of the Board, with the Chair
voting last.
D. If there is an abstention, it shall be the responsibility of the Chair to note the
abstention for the record and to request that the member abstaining state his or her reason for
abstaining for the record.
E. A tie vote fails.
F. A motion to approve which fails shall be deemed a denial of the question on the
floor.
SEC. 2-10. CLOSED MEETING
A. Closed meetings should only be used when the matter to be discussed is too
sensitive for discussion in public.
B. No meeting shall become a closed meeting until the Board takes an affirmative
recorded vote in open session. Any member dissenting in such vote shall state the reason for the
dissent.
1. The motion to move to closed session shall state specifically the purpose
or purposes which are the subject of the closed meeting and reasonably identify the substance of
the matters to be discussed. The motion shall make specific reference to the applicable
exemption(s) under the Freedom of Information Act, which authorizes the closed meeting.
2. The County Attorney shall assist the members in formulating the proper
motion to move to closed session in accordance with the requirements of the Freedom of
Information Act.
C. No resolution(s), ordinance(s), rule(s), contract(s), regulation(s) or motion(s)
considered in a closed meeting shall become effective until the Board reconvenes in an open
meeting and takes a vote of the membership on such resolution(s), ordinance(s), rule(s),
contract(s), regulation(s) or motion(s) which shall have its substance reasonably identified in the
open meeting.
D. At the conclusion of a closed meeting, the Board shall reconvene in open session
immediately thereafter and shall cast a vote certifying that to the best of each member’s
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements were discussed; and
2. Only public business matters identified in the motion convening the closed
meeting were heard, discussed or considered.
Revised and Adopted by the Board of Supervisors April 17, 2014 Page 6
Any member who believes that there was a departure from the above requirements shall so state
prior to the Chair’s call for the vote, indicating the substance of the departure that, in his or her
judgment, has taken place.
E. The failure of the certification to receive the affirmative vote of the majority of
the members present during the closed meeting shall not affect the validity or confidentiality of
the closed meeting with respect to matters considered therein in compliance with the Freedom of
Information Act.
F. The Board may permit non-members to attend a closed meeting if their presence
will reasonably aid the Board in its consideration of an issue.
ARTICLE 3 – OFFICERS
SEC. 3-1. CHAIR AND VICE CHAIR
The Chair shall preside over all meetings of the Board. The Vice Chair serves in the
absence of the Chair. In the absence from any meeting of both the Chair and Vice Chair, the
members present shall choose one of their members as temporary chair. The Chair shall make
all appointments to standing or ad hoc Board Committees. Substitutes or alternates to Board
Committees may participate only if so authorized by the Chair.
SEC. 3-2. CLERK
The Clerk of the Board shall be appointed by the Board at its annual organizational
meeting, and the duties and responsibilities of the Clerk shall be as set out in Sections 15.2-1538
and 15.2-1539 of the Code of Virginia (1950, as amended). The Board may also designate a
Deputy Clerk, and at the discretion of the Board, any County employee can be designated as
Temporary Clerk.
SEC. 3-3. PARLIAMENTARIAN
The County Attorney, or his or her designee, shall serve as the Parliamentarian for the
purpose of interpreting these By-Laws and Rules of Procedure, Robert’s Rules of Order and the
Code of Virginia, as may be directed by the Chair, or as required as a result of a point of order
raised by any one or more Board member. If the County Attorney, or his or her designee, is
unavailable, the County Administrator shall serve as the Parliamentarian.
SEC. 3-4. PRESERVATION OF ORDER
A. At meetings of the Board, the presiding officer shall preserve order and decorum.
B. Board members shall not speak until recognized by the Chair. Board members
shall address the Chair or address other members through the Chair. After being recognized by
the Chair, a Board member shall not be interrupted, except when a point of order is called or
when requested to yield the floor by another member.
Revised and Adopted by the Board of Supervisors April 17, 2014 Page 7
SECTION 4 – CONDUCT OF BUSINESS
SEC. 4-1. ORDER OF BUSINESS
A. At regular meetings of the Board on the third (3rd) Thursday of the month, the
order of business shall generally be as follows:
1. Closed Meeting (if necessary) (commencing at 5 p.m.)
2. Call to Order - Silent Roll Call of Members (commencing at 6 p.m.)
3. Invocation - Pledge of Allegiance
4. Approval of Agenda
5. Consent Agenda
6. Regional Reports
7. Appointments (if necessary)
8. Special Presentations
9. Citizens’ Comments
10. Public Hearings (if necessary)
11. County Attorney’s Report (if necessary)
12. County Administrator’s Report (to include Informational Items)
13. Unfinished/Old Business
14. New Business
15. Information Items
16.15. Adjournment
B. The above order of business may be modified by the County Administrator to
facilitate the business of the Board.
C. Regional reports and special presentations are limited to five (5) minutes per
speaker. This time may be extended at the discretion of the Chair.
Revised and Adopted by the Board of Supervisors April 17, 2014 Page 8
D. Citizens’ Comments shall be governed by the following rules:
1. Citizens’ Comments shall be for the limited purpose of allowing members
of the public to present any matter, which, in their opinion, deserves the attention of the Board.
They shall not serve as a forum for debate with the Board or individual members of the Board.
2. Board members shall not discuss issues raised by the public except by
consent of a majority of the Board members present.
3. Citizens wishing to speak during the Citizens’ Comments portion of the
agenda shall sign the registration form, identifying, with reasonable certainty, the subject matter
of his or her comments prior to the commencement of the Citizens’ Comments portion of the
agenda. Citizens who do not sign the registration form prior to the commencement of Citizens’
Comments may address the Board at the end of the meeting.
4. Remarks shall be addressed directly to the Board and not to staff, the
audience or the media.
5. The Chair shall open Citizens’ Comments.
6. The Parliamentarian will explain the Citizens’ Comments policy prior to
the commencement of the first citizen’s comment(s) being received by the Board.
7. The Chair will call on each speaker who has signed the registration form
in the order upon which their name shall appear on the registration form.
8. Each speaker shall clearly state their name and address and/or election
district of residence, and shall be subject to a three (3) minute time limitation, to be kept and
enforced by the Parliamentarian. If a speaker represents a group, there shall be time limit of five
(5) minutes. For purposes of this section, a “group” shall constitute ten (10) or more individuals.
No speaker shall address the Board more than once during Citizens’ Comments at any single
Board meeting and citizens shall not donate their unused speaking time to another speaker.
9. There shall be no comment during Citizens’ Comments on a matter for
which a public hearing is scheduled during the same meeting.
10. There shall be no comment during Citizens’ Comments on a matter which
has already been the subject of a previous public hearing where no final vote has been taken by
the Board.
11. Any issue raised by the public which the Board wishes to consider may be
put on the agenda for the next Board meeting by a majority vote.
Revised and Adopted by the Board of Supervisors April 17, 2014 Page 9
12. Public comment shall be germane to policies, affairs and services of the
county government. Public comment shall not be used to make political campaign speeches,
private advertisements or personal attacks.
13. The above rules notwithstanding, members of the public may present
written comments to the Board or to individual Board members at any time during the meeting.
Such written comments shall be submitted through the Clerk and shall become a part of the
record.
SEC. 4-2. CONSENT AGENDA
A. The Consent Agenda shall be introduced by a motion “to approve”, and shall be
considered by the Board as a single item.
B. Upon the request of any Board member, an item may be removed from the
Consent Agenda for consideration after approval of the remaining items on the consent agenda.
SEC. 4-3. CONDUCT OF MEETINGS
When two or more members of the Board wish to speak at the same time, the Chair shall
name the one to speak. The Chair may call a brief recess at any time. The Chair may order the
expulsion of a disorderly member of the public, subject to appeal to the full Board. The Chair
may automatically adjourn, without benefit of any motion or debate, any meeting of the Board.
SEC. 4-4. FORM OF PETITIONS, ETC.
Every petition, communication or address to the Board shall be in respectful language
and is encouraged to be in writing.
SEC. 4-5. MOTIONS
A. Members are required to obtain the floor before making motions or speaking,
which they can do while seated.
B. Motions need not be seconded.
C. Informal discussion of a subject is permitted while no motion is pending.
D. A substitute motion shall be allowed to any motion properly on the floor; it shall
have precedence over an existing motion and may be discussed prior to being voted on. If the
substitute motion fails, the former motion can then be voted upon. If the substitute motion
passes, the substitute motion shall be deemed the main motion and shall stand as having been
passed by such vote. If a substitute motion fails, a second substitute motion may be made. No
more than two (2) substitute motions may be made.
Revised and Adopted by the Board of Supervisors April 17, 2014 Page 10
E. When a motion is under debate, no motion shall be received unless it be one to
amend, substitute, commit or refer for study, postpone, call for the previous question, lay on the
table, or to adjourn.
F. The Chair need not rise while putting questions to vote.
G. The Chair can speak in discussion without rising or leaving the chair; and, can
make motions and vote on all questions.
H. A motion to call for the question is not in order until every member of the Board
has had an opportunity to speak.
I. When a vote upon any motion has been announced, it may be reconsidered on the
motion of any member who voted with the prevailing side provided that such motion shall be
made at the session of the Board at which it was decided. Such motion for reconsideration shall
be decided by a majority of the votes of the members present. A member present at the meeting
but temporarily absent during a vote may move for reconsideration.
J. A motion to rescind shall not be in order for a land use decision involving a
rezoning or a conditional use permit.
K. A motion to adjourn shall always be in order.
SEC. 4-6. DECISIONS ON POINTS OF ORDER
The Chair, when presiding at a meeting of the Board, without vacating the chair, shall
refer any point of order to the Parliamentarian. The Parliamentarian shall advise the Chair who
shall then make a ruling on the point of order. A Board member may appeal the ruling of the
Chair to the full Board which shall decide the matter by majority decision.
SEC. 4-7. SUSPENDING RULES
One or more of these By-Laws and Rules of Procedure may be temporarily suspended by
a two-thirds (2/3) vote of the members present, or by unanimous consent.
SEC. 4-8. ROBERT’S RULES OF ORDER
The proceedings of the Board, except as otherwise provided in these By-Laws and Rules
of Procedure and by applicable state law, shall be governed by Robert’s Rules of Order.
ARTICLE V – PUBLIC HEARINGS
SEC. 5-1. PUBLIC HEARING AUTHORIZATION
Revised and Adopted by the Board of Supervisors April 17, 2014 Page 11
The County Administrator, or his/her designee, shall be authorized to set public hearings
for such regular meetings as are appropriate in order to effectuate the timely consideration of
matters requiring Board consideration .
SEC. 5-2. FORMAT FOR PUBLIC HEARINGS
A. The following format shall be followed for all Public Hearings conducted before
the Board:
1. The Chair will make a brief statement identifying the matter to be heard
and verify that all legal notification requirements have been met.
2. The Chair will call upon the appropriate county staff member to present
the item to be heard. Staff presentations should be concise.
3. The applicant may appear on his own behalf, or be represented by counsel
or an agent. The applicant, or his counsel or agents, shall have a combined total of ten (10)
minutes to speak to the application.
4. The Chair will open the floor to public comment, if any, after the
applicant, or his counsel or agent, has spoken. Any private citizen may speak for or against the
issue. The Clerk shall prepare a registration form for citizens to sign their name, address and/or
election district of residence. The Chair shall call each speaker in the order that their name
appears on the registration form. Each speaker shall clearly state his or her name, address and/or
election district of residence for the record. Citizen comments are limited to three (3) minutes
per citizen speaker. If the speaker represents a group of individuals in attendance at a particular
meeting, there shall be a time limit of five (5) minutes. For purposes of this section, a “group”
shall constitute ten (10) or more individuals. The applicant, or his counsel or agent, shall be
given the opportunity for rebuttal, which shall last for no more than five (5) minutes.
5. Speakers will be given a warning one (1) minute prior to the expiration of
their presentation time.
6. The Parliamentarian shall be responsible for noting the expiration of time
limits, and the Chair shall be responsible for enforcing it.
7. Upon the conclusion of public comments or the applicant’s rebuttal, the
Chair shall close the public hearing.
B. When a public hearing shall have been closed by order of the Chair, no further
public comments shall be received by the Board. However, any Board member may ask a
question of any person who spoke during the public hearing after being recognized by the Chair
to do so.
C. Following the close of the public hearing, the Chair may entertain a motion to
dispose of the issue and the Board may debate the merits of the issue.
Revised and Adopted by the Board of Supervisors April 17, 2014 Page 12
ARTICLE 6 – AGENDA
SEC. 6-1. PREPARATION
A. The Clerk shall prepare an agenda, at the direction of the County Administrator,
for the regularly scheduled meetings conforming to the order of business specified in Section 4-1
entitled “Order of Business”.
B. All items which are requested to be placed on the agenda which have not been
submitted within the prescribed deadline, as set by the County Administrator, shall be placed on
the next regular agenda for consideration.
C. Nothing herein shall prohibit the Board from adding items to the agenda, provided
that such a request is in the form of a motion, voted upon by a majority of the Board. Members
must use discretion in requesting the addition of items to the agenda. It is considered desirable to
have items listed on the published agenda.
SEC. 6-2. DELIVERY OF AGENDA
The Board agenda and related materials shall be received by each member of the Board
and the County Attorney on the Friday before the scheduled regular meeting. The Clerk of the
Board may request an adjustment to the delivery schedule due to special circumstances.
SEC. 6-3. COPIES
The Clerk shall prepare or cause to be prepared extra copies of the agenda and shall make
the same available to the public and the press in the Office of the County Administrator and on
the County website. The Clerk shall also have at least one hard copy available at each regular
meeting.
SEC. 6-4. COMMENTS, QUERIES OF BOARD MEMBERS
Board members are to observe the following rules during the discussion of agenda items:
1. The Chair shall ensure that Board comments are constructive and contain
no personal attacks of staff or other Board members.
2. The Chair shall keep discussion germane to the subject. Points of
clarification shall be limited to questions only. The Chair shall rule other comments out of order.
3. Board members may address questions to the County Administrator or
staff member presenting at the meeting. Staff members should be at the podium when
addressing Board members’ questions. All legal questions should be addressed to the County
Attorney.
Revised and Adopted by the Board of Supervisors April 17, 2014 Page 13
ARTICLE 7 – BOARD, AUTHORITIES, COMMISSIONS AND COMMITTEES
SEC. 7-1. APPOINTMENTS TO BOARDS, AUTHORITIES, COMMISSIONS & COMMITTEES
Members of boards, authorities, commissions and committees shall be appointed by a
majority of the Board after review of qualifications and discussion in Closed Meeting. Proposed
appointments shall be voted upon under the Appointments section of the Agenda. Appointees’
terms shall run in accordance with the applicable by-laws of such boards, authorities,
commission or committees to which the appointee is appointed, unless a shorter term is specified
by the Board. Subject to any state law provisions to the contrary, all appointees to boards,
commissions and committees serve and may be removed, with or without cause, at the pleasure
of the Board.
SEC. 7-2. ATTENDANCE
Members of any standing or ad hoc board, authority, committee or commission of the
Board, or of any committee to which the Board appoints a member, shall be expected to attend
every scheduled meeting of the body to which they have been appointed. It shall be the duty of
the chairman of any Board of Supervisors’ appointed committee to annually report to the Board,
but in no event later than the Board’s regular meeting in March, the level of attendance of
members for that particular body for the prior calendar year. Any member of an appointed body
who fails to attend a minimum of seventy-five percent (75%) of the scheduled meetings of that
particular body in any given calendar year may, at the discretion of the Board, be deemed to have
forfeited his or her membership on that body. In the event that the Board determines that an
appointee has forfeited his or her appointment pursuant to this section, the Clerk of the Board
shall notify, in writing, the appointee of his or her removal from that body based upon his or her
failure to attend there required percentage of scheduled meetings and shall thank the appointee
for his or her service to the community. Upon the appointment of any appointee, the Clerk of the
Board shall forward to the member a copy of this section.
SEC. 7-3. PLANNING COMMISSION MEMBERS ATTENDANCE
Notwithstanding the foregoing provision, a member of the Planning Commission may be
removed from office by the Board without limitation in the event that the commission member is
absent from any three (3) consecutive meetings of the commission, or is absent from any four (4)
meetings of the commission within any twelve (12) month period. In either such event, a
successor shall be appointed by the Board for the unexpired portion of the term of the member
who has been removed.
SEC. 7-4. BY-LAWS AND RULES OF PROCEDURE OF BOARDS, AUTHORITIES,
COMMISSIONS AND COMMITTEES
The By-Laws and Rules of Procedure of any board, authority, commission or committee
not established by state law shall be submitted to the Board for approval prior to becoming
effective.
Revised and Adopted by the Board of Supervisors April 17, 2014 Page 14
SEC. 7-5. ROLE OF STANDING OR AD HOC BOARD COMMITTEES
The role of any standing or ad hoc committee(s) of the Board, as they may be created
from time to time, shall be to review and consider all matters properly placed before them by
motion of the Board. After review and consideration of such matters, the standing or ad hoc
committee shall provide the Board with its formal recommendation for action through such
report as may be determined appropriate by the County Administrator in the Board’s regular
agenda as set forth herein.
ARTICLE 8 – GENERAL OPERATING POLICY
SEC. 8-1. ACTIONS BY INDIVIDUAL MEMBERS OF THE BOARD
It shall be the policy of the Board that no member(s) shall exert individual action or direct
any county employee or initiate any action or assert their individual preference(s) in a manner
that would require a county employee to perform any action contrary to the laws, ordinances or
policies of Isle of Wight County or which would require the expenditure of public funds in any
amount without the approval of the Board. Further, no member of the Board shall seek nor
accept more favorable treatment from county officers or employees than would be given to other
members of the Board, nor attempt to influence the decisions or recommendations of county
appointees, officers or employees. Notwithstanding the foregoing, each Board member may, and
is encouraged, to share information with county appointees, officers and employees.
SEC. 8-2. NUMBERING AND INDEXING OF RESOLUTIONS, ORDINANCES AND
PROCLAMATIONS
It shall be the responsibility of the Clerk to number and index all resolutions, ordinances
and proclamations of the Board. Resolutions and proclamations shall be numbered
consecutively and use the last two digits of the calendar year. For example, for the first
resolution in January, 2014, the resolution number would be shown as: Resolution No. 14-01.
SEC. 8-3. MINUTES OF THE BOARD
The minutes of the Board meeting shall reflect the official acts of the Board and names of
the public commenting during public hearings and citizen comments, as well as a summary of
the Board’s proceedings at each meeting. They shall reflect the issues discussed and Board
comments in summary form.
SEC. 8-4. AMENDING BY-LAWS
These by-laws may be amended with the concurrence of two-thirds (2/3) of the members
present at any meeting subsequent to the introduction of a suggested by-laws amendment.
SEC. 8-6. ENACTMENT OF BY-LAWS AND RULES OF PROCEDURE
Revised and Adopted by the Board of Supervisors April 17, 2014 Page 15
No later than December 1st of each year, the County Attorney shall deliver a copy of the
most recently enacted By-Laws and Rules of Procedure to each member and member-elect of the
Board, soliciting any proposed changes to the same. The County Attorney shall prepare
proposed amendments based on any such Board comments as directed by passage of a motion
and include them in the Agenda for consideration at the Organizational Meeting.
November 20, 2014/MCP
ISSUE:
Staff Report – Tethering/Running At Large
BACKGROUND:
On August 16, 2012, the Board of Supervisors held a public
hearing on a proposed revision to the Isle of Wight County Code
to restrict the tethering of animals. Following the public hearing
and discussion by the Board, the proposed amendment was
defeated by a vote of 3-2. Chairman Bailey has requested the
Board reconsider the possibility of amending the Isle of Wight
County Code to include restrictive provisions related to the
tethering of animals to include: (1) the prohibition of tethering
outside of a designated temperature range, such as below 32º or
above 90º and (2) the prohibition of tethering during certain hours,
such as between the hours of 10:00 p.m. and 6:00 a.m.
In addition, Chairman Bailey has requested the consideration of an
amendment to the Isle of Wight County Code to prohibit the
running at large of animals on a County-wide basis, with certain
exceptions, such as for hunting, etc.
BUDGETARY IMPACT:
None
RECOMMENDATION:
For the Board’s discussion and direction.
ATTACHMENT(S):
Excerpt from the August 16, 2012 Meeting Minutes
BI MONTHLY SERVICE CHARGES CHARGES
Meter Size
Up to and including 3 4 25 50
1 84 00
1 2 95 00
2 129 00
4 129 00
Unmetered Water Service 7000
Per 1 000 Gallon Metered Usage
0 50 000 gallons 6 65
Over 50 000 gallons 5 75
Master Meter Samerates as illustrated above
The motion was adoptedby a vote of 5 0 with Supervisors Casteen
Darden Bailey Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion
Chairman Casteen called for a public hearing on the following
E An Ordinance to Amend and Reenact Chapter 3 Article V
Cruelty to Animals
County Attorney Popovich certified that the proposedOrdinance has
been properly advertised for public hearing
Chairman Casteen called for persons to speak in favor of or in
opposition to the Resolution
Nancy Hemingmay Vice President Isle of Wight Humane Society
advised of that organization s opposition toany form of tethering She
suggested the following guidelines in developing a County ordinance to help
prevent the type of tethering neglect and abuse that is currently allowed to
occur in the County number of hours environment time period from 10 00
p m until 5 00 a m temperature limits between 32 degrees and 90 degrees
with the exception of cold tolerant breeds not during extremeweather
events age limit provide proof that animals are spayed or neutered and that
owners have a license and their animals are vaccinated for rabies animal
owners must have a permit totether and the type of tethering that is
acceptable
Waverly Trailer of the Hardy District distributed pictures of 2003
criminal cases which wereprosecuted by the County s Animal Control
Department He expressed concern with the enforceability of the proposed
ordinance
36
Marleen White of the Hardy District spoke in opposition tothe ban on
tethering noting that she owns two 2 dogs that she must keep on a runneror
leash for their and the public s safety She advised that she has been
requested to tetherthem during hunting season so thatthey do not disturb
hunting on the adjacent Aberdeen Farms land
Jen Forbes representing People for the Ethical Treatment of Animals
expressed support of a full banon tethering because it is easier to implement
and enforcethan a proposed ordinance which imposes limits on time or
temperature She stated chaining dogs causes them to become aggressive and
territorial
Robbie Younger of the Hardy District submitted a petition containing
124 signatures insupport of a total ban on tethering which makes dogs
aggressive She stated that tethering is cruel and inhumane
Stephanie Done of Carrollton spoke in support of a total ban on
tethering
Linda Seely of Hampton spoke against the tethering of animals due to
the horrible conditions in which they are forced to live She stated the City
of Hampton banned tethering because they are compassionate and care about
animals She stated tethering of dogs contributes to their aggression
Karen Slumlin of Zuni stated that tethering when done responsibly
can bean appropriate methodto allow an animal to be outside with its owner
to be trainedsocialized and protected
Termara Thane of Dogs Deserve Better advocated for a ban on
unattended tethering She stated that tethered dogs are three 3 times more
likely to bite and are unsocialized animals
Ken Rictner spoke in favor of responsible tethering
Sharon Hart of the Newport District stated there should be limits on the
amount of time a dog can be tethered with conditions on providing ample
food and shelter She stated that there should not be a total ban on tethering
because some people can t afford a fence and may have to render their pets to
an animal shelter
Michael Uzzell of Central Hill Road asked the Board to review the
minutes from a past issue regarding dogs running loose and attacking
livestock
Abagail Adams of Bowling Green Road spoke against banning
tethering She explained that her dog needs to be tethered for his protection
and she does not want to have tocontain him to a pen when he is outdoors
37
Patricia Lowe of Collosse Road stated that an ordinanceto ban
tethering should be in place for law enforcement officials to use when
appropriate as in the case of abuse or neglect She stated that she does not
agree with dogowners allowing their animals to run through other people s
property or in the road and she recommended that dogs be kept in fences or
inside the home
Pinky Hipp of Morgarts Beach Road stated that she is committed to the
care of animals She stated the Ordinance as proposed is unenforceable
She stated people tethering their animals in a humane way are not the
problem and the County already has an existingcruelty ordinance for those
owners that are tethering their animals in an inhumane way She stated the
number of lawenforcement officers need to be increased so that the cruelty
ordinance can be enforced
Mike Cobb of Carrsville spoke against a total ban on tethering He
asked the Board to keep in mind those people that promote the humane
treatment of all animals and that adopting the proposedordinance would
make criminals out of manyanimal owners He requested the Board to
enforce the existingcruelty ordinance and notburden taxpayers with a
cumbersome ordinance that cannot be enforced
Jane March of Zuni stated that animal cruelty laws currently in place
are sufficient to address tethering offenses and leash laws address loose
animals She stated the proposed ordinance is simply something a
disgruntledneighbor can use as a hate crime and additional employees will
need to be hired to inspect yards andhomes
Ross Younger of the Hardy District stated a total ban on tethering is the
only way toenforce it He expressed sympathy to those pet owners who do
tether their animals in a responsible manner but he does believe that a total
ban on tethering isa good idea for enforcement reasons and Animal Control
officers need to be trained about what is and what is not an abusive or
negligent act of tethering
Kay Burnett of Whispering Pines Trail spoke against the ban on
tethering and in favor of the existing animal cruelty ordinance She stated the
County does not have sufficient lawenforcement officers and the issue that
needs to be addressed is really animal cruelty
Tony White of the Hardy District stated that her family s dogs are
tethered for their safety and she is opposed to a no tethering ban
James Clark Chief Deputy Sheriff s Office advised the Board that
enforcement of the proposedOrdinance is notpossible with only two 2
Deputies assigned to animal control efforts if a time limit is set He stated if
the Board desires to adopt the Ordinance as proposed he is requesting that
the time limit be for a short period of time and he notified the Boardthat
Deputies will be using common sense when enforcing the Ordinance
Chairman Casteen advised the Board that Janet Cornell of Smithfield
could not be present at the meeting tonight but has voiced her opposition to
animal tethering
Chairman Casteen closed the public hearing and called for comments
from the Board
Supervisor Hall inquired if staff has the authority under the County s
current ordinance to address a situationin which an animal is suffering or
being abused from tethering
Chief Deputy Clark responded that staff does have authority to address
situationsin which animals are being neglected or abused
Chief Animal Control Officer Barlow advised that the County s current
ordinance does allow for conviction of a person responsible for a cruelty
issue
SupervisorDarden commented if the Board adopts the proposed
ordinance Animal Control staff will have no choice but to issue a summons
to all persons who are tethering their animals whether responsibly ornot
She stated the welfare of people such as elderly children and delivery people
that maycome in contact with an animal that is not tethered also needs to be
taken intoconsideration She stated this issue is not about tethering but
about animal cruelty and if more authority is needed to prosecute negligent
dog owners under the animal crueltylaw then the Board needs to take
appropriate action to provide more authority
Supervisor Bailey commented that the County is not after dog owners
who tether their well taken care of dogs in a responsible mannerbut those
who are crueltytreating their animals He stated the Sheriff s office has the
authority to issue or not issue a summons dependent upon their investigation
of the circumstances
Chairman Casteen stated if animal cruelty laws were working there
would not be animalsthat are being mistreated He stated the Board need to
give them the latitude to make a responsible decision and enforce according
to the spirit of the law
Supervisor Alphin stated that the proposed Ordinance does not allow
for those exceptions where tethering might be more humane He stated that
he has trouble supporting the ordinance as proposed because it has the ability
to punish those who are not abusing their animals
Supervisor Alphin moved to deny the proposed changes to the cruelty
Ordinance The motion was adopted by a vote of 3 2 with Supervisors
39
Darden Hall and Alphin voting in favor of the motion and Supervisors
Bailey and Casteen voting against the motion
Chairman Casteen declared a recess The Board returned to open
session
County Attorney Popovich requested a closed meeting pursuant to
Section 2 2 3711 A 7 of the Code of Virginia regarding consultation with
legal counsel requiring the provision of legaladvice pertaining to volunteer
fire departments pursuant to Section 22 3711 A 7 regarding consultation
with legal counsel requiring the provision of legal advice pertaining to
probable litigation and pursuant to Section 22 3711 A I pertaining to a
personnel matter concerning a specific public official
Supervisor Bailey moved to enter the closed meeting for the reasons
stated by the County Attorney The motion was adopted by a vote of 5 0
with Supervisors Darden Bailey Hall Alphin and Casteen voting in favor of
the motion andno Supervisors voting against the motion
Chairman Casteen moved to return to open session The motion was
adopted by a vote of 5 0 with Supervisors Darden Bailey Hall Alphin and
Casteen voting in favor of the motion and no Supervisors voting against the
motion
Chairman Casteen moved that the following Resolution be 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 thatto the best of each member s knowledge i only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in theclosed meetingto which this certification
resolution applies and ii only such public business matters as were identified
in the motion convening the closed meeting were hearddiscussed or
considered by the Board of Supervisors
CI1
November 20, 2014/MCP
ISSUE:
Staff Report – Public Notices
BACKGROUND:
Based upon recent news reports in The Smithfield Times and The
Tidewater News, staff will provide the Board with a presentation
setting forth the process used in deciding to place public notices
solely in The Daily Press.
BUDGETARY IMPACT:
None
RECOMMENDATION:
Receive the presentation.
ATTACHMENT(S):
None
Qtrly Financial Report 1st Qtr FY15/MT/ B & F
ISSUE:
Staff Report – Quarterly Financial Report – Month End of September
BACKGROUND:
Staff has compiled information relative to the County’s financial
performance for the 1st quarter ended of FY 15. A brief presentation will
be made on the status and implications of the County’s financial
performance.
RECOMMENDATION:
For the Board’s information.
ATTACHMENTS:
Information to be provided at the November 20, 2014 meeting.
Nov. 20, 2014/cbm/Windsor Middle School Gymnasium Renovation
ISSUE:
Staff Report – Town of Windsor Request for Funds for Renovation of
the Old Windsor Middle School Gymnasium
BACKGROUND:
The County recently received a letter from Mayor Carita Richardson,
Town of Windsor, requesting $25,000 for the renovation of the old
Windsor Middle School gymnasium for purposes of a community and
recreation center. The Town of Windsor has secured a $50,000 Obici
Healthcare Foundation Grant and donations from the community and
civic associations to assist with the project.
BUDGETARY IMPACT:
The motion, if approved, will require the expenditure of $25,000 from
the County’s FY 2014-2015 General Fund Budget, Contingency line
item.
RECOMMENDATION:
Per the Board’s discussion and direction.
ATTACHMENT:
Letter of Request from Mayor Richardson
ISSUE:
Resolution - Amendment to Chapter 1, Personnel, Articles IV, VI, and
IX the County Policy Manual Concerning Worker's Compensation and
Separations
BACKGROUND:
Staff is requesting the Board’s consideration of amendments to Chapter
1: Personnel, Article VI, Section 6.6 and Chapter 1: Personnel, Article
IV, Section 4.14 and Article IX of the County Policy Manual. Article
VI, Section 6.6 currently establishes the benefits provided to employees
under the Workers’ Compensation Act, defines the employees who are
covered under the Act, and outlines the requirements and process for
reporting a work related injury, the maintenance of other benefits when
an employee is receiving a workers’ compensation lost-wage benefit and
the return to work requirements. The amendments are necessary in order
to provide enhanced employee guidance in reporting injuries and
accessing workers’ compensation benefits, thereby assisting the County
in meeting injury reporting requirements.
Article IV, Section 4.14 and Article IX currently establishes guidelines
for the separation of employees from the classified service. The
amendments are necessary to clarify the guidelines and ensure consistent
administration is achieved.
BUDGETARY IMPACT:
There is no anticipated budgetary impact of this amendment.
RECOMMENDATION:
Adopt a Resolution to Amend Chapter 1: Personnel, Article VI, Section
6.6 and Chapter 1: Personnel, Article IV, Section 4.14 and Article IX of
the County Policy Manual
ATTACHMENTS:
Resolution
RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE VI,
SECTIONS 6.6 AND CHAPTER 1: PERSONNEL, ARTICLE IV,
SECTION 4.14 AND ARTICLE IX OF THE COUNTY POLICY MANUAL
WHEREAS, the County has established the benefits provided to
employees under the Workers’ Compensation Act, defined the employees who
are covered under the Act, and outlined the requirements and process for
reporting a work related injury, the maintenance of other benefits when an
employee is receiving a workers’ compensation lost-wage benefit and the
return to work requirements, under Chapter 1: Personnel, Article VI, Section
6.6 and Article V of the County Policy Manual; and,
WHEREAS, the County has established guidelines for the separation of
employees from the classified service, under Chapter 1: Personnel, Article IV,
Section 4.14 and Article IX of the County Policy Manual; and,
WHEREAS, the Board of Supervisors desires to amend Chapter 1:
Personnel, Article VI, Section 6.6 of the County Policy Manual to afford for
enhanced employee guidance in reporting injuries and access of workers’
compensation benefits thereby assisting the County in meeting injury reporting
requirements; and,
WHEREAS, the Board of Supervisors desires to amend Chapter 1:
Personnel, Article IV, Section 4.14 and Article IX of the County Policy Manual
to clarify the guidelines for separation of employees from the classified service.
NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel,
Article VI, Section 6.6 and Chapter 1: Personnel, Article IV, Section 4.14 and
Article IX of the County Policy Manual is hereby amended as follows:
Chapter 1: Personnel
ARTICLE IX
Conditions of Employment
Section 4.14
Resignation
A resignation shall be defined as a voluntary separation, initiated by the employee, from
employment with the County through written notification to his/her supervisor or
department director. The notification shall include the reason for the resignation, the date
and hour the resignation is to become effective and shall be signed by the employee. A
copy of the notification shall be forwarded to the County Administrator's office for
inclusion in the official personnel file.
To resign in good standing, all regular full-time and regular part-time employees, with the
exception of department directors, shall give at least fourteen (14) calendar days notice
prior to the effective date of resignation, except where specific circumstances prohibit such
advance notification. Thirty (30) calendar days notice is requested for department directors.
ARTICLE VI
Benefits
(Revised January 17, 2002, September 1, 2005, December 15, 2005, October 16, 2006,
October 4, 2007, November 15, 2007, July 1, 2008, December 4, 2008, November 20,
2014)
Section 6.6
Worker's Compensation
(Revised January 17, 2002; October 16, 2006, November 20, 2014)
In compliance with the Virginia Worker’s Compensation Act, the County is committed to
ensuring that all full-time and part-time employees incurring a work related injury or
disease would receive worker’s compensation benefits.
At no cost to employees, the County provides Worker’s Compensation insurance that
covers any injury or illness which results from an injury incurred during the course of
employment. The County provides all of the benefits provisions identified by the
Virginia Worker’s Compensation Act. , including payment of covered medical expenses
and lost wages.
If an injured employee requires medical attention, he/she shall be referred to the County’s
list of authorized physicians from which the employee may receive treatment. If an
employee elects to use a physician who is not on the authorized list, the treatment will be
incurred at the employee’s expense.
To ensure receipt of the maximum benefits pertaining to payment of medical expenses and
worker’s compensation payments, an employee must accept medical treatment and keep
appointments with the authorized physician.
All regular full-time and part-time employees are eligible for worker’s compensation to the
extent required by the Virginia Workers Compensation Act of the Code of Virginia in the
event an employee sustains an occupational injury or disease as a result of, or in the course
of, work performed for Isle of Wight County. An employee who sustains an occupational
injury or disease shall be paid at the rate specified by the Worker’s Compensation Act.
Employees shall report all injuries immediately to their supervisor. Supervisors or their
appointed designee shall complete the First Report of Accident Report to be submitted to
the Department of Human Resources within 24 hours. The Supervisor or their designee
shall provide the injured employee with the State required forms issued by the County’s
Insurance Carrier in accordance with the regulations specified by the Virginia Workers
Compensation Act.
Work-Related Injury, Illness and Substance Exposure Reporting
Immediately following every work related injury, illness or substance exposure the
affected employee is required to notify his/her supervisor in person or by phone as soon
as possible. Prompt reporting ensures timely processing of a worker’s compensation claim.
Failure to do so will impede processing of the claim and can lead to denial of the claim.
Upon notification of an injury, illness or substance exposure incident the supervisor is
required to notify the Risk Management Coordinator, in person or by phone.
Notification should be made as soon as possible after the occurrence, but no later than 24
hours after the injury. In cases where an injury results in any of the following; an employee
being admitted to the hospital, an amputation, or a fatality, notification must be made
immediately so that the Risk Management Coordinator can make the mandated notification
to Occupational Safety and Health Administration (OSHA) within the required 8 hour
timeframe.
If applicable, upon completion of the initial visit to the doctor the employee is required to
report back to his/her supervisor and the Risk Management Coordinator, in person or by
phone, to provide an update of his/her condition and return to work instructions. The
employee is further required to provide an update of his/her condition after each subsequent
visit to the doctor.
First Reporting Procedure
After notification of an injury, the supervisor will instruct the injured employee to initiate
the workers’ compensation reporting process by following the procedure outlined in the
First Report of Injury, Illness or Substance Exposure - Standard Operating Procedure
located on Central at HR/Workers Compensation/Forms/First Report of Injury. Reporting
must take place before medical treatment is sought, unless there is a medical emergency.
In this case, the supervisor will make the First Report of Injury.
Panel Doctors and Medical Treatment
In accordance with the Virginia Workers’ Compensation Act, the County has established
a panel of physicians to furnish medical care for all workers’ compensation claims. The
employee must select a primary care physician from the panel for his/her medical bills to
be covered under workers’ compensation. The employee will be presented with the panel
doctors during the First Report of Injury process. If an employee elects to use a physician
who is not on the authorized list, the treatment will be incurred at the employee’s expense.
To ensure receipt of maximum benefits pertaining to payment of medical expenses and
workers’ compensation payments, an employee must accept medical treatment and keep
appointments with the authorized physician.
Emergency Situations
In an emergency situation, the primary objective is to obtain immediate medical care for
the injured employee. In this situation the following guidelines should be followed.
1. Obtain Emergency Care – Obtain emergency care as dictated by the situation.
2. First Reporting – The supervisor will initiate the injury reporting process by
following the procedure outlined in the First Report of Injury, Illness or
Substance Exposure - Standard Operating Procedure located on Central at
HR/Workers Compensation/Forms/ First Report of Injury and will report the
injury to the Risk Management Coordinator.
3. Panel Doctor – The employee is required to select a panel doctor as soon as they
can after receiving emergency medical treatment. The panel doctor will perform
follow-up care, and will serve as the coordinator for specialist care.
Workers’ Compensation Claims Processing
The County’s insurance carrier will use the First Report of Injury to make a determination,
including investigation if needed, to establish whether the claim meets the requirements of
compensability as defined by the Virginia Workers’ Compensation Act. If a claim is
denied, the employee may seek an appeal through the Workers’ Compensation
Commission.
Medical Bills
The Virginia Workers’ Compensation Act provides for the payment of reasonable and
customary medical services associated with treatment for a workers’ compensation claim.
This includes physician and hospital services as well as prescription drugs. Medical bills
should be sent from the provider to the County’s insurance carrier. If the injured employee
receives medical bills for an approved workers’ compensation claim, the bills should be
forwarded to the County’s insurance carrier. Contact the Risk Management Coordinator
for insurance carrier contact information and assistance.
Lost Wage Payments
The Workers’ Compensation Act provides lost wage payments when an employee is unable
to work due to a compensable injury, in the amount of 66.66 percent of the injured
employee’s average weekly wage (AWW). The AWW is determined by calculating the
weekly average of the employee’s gross wage for 52 weeks prior to the date of injury.
Compensation for an approved compensable injury shall begin when the injured employee
is out of work for more than seven (7) calendar days, commonly referred to as the “waiting
period”, as provided by the Virginia Workers Compensation Act. An injured employee
can elect to use either accumulated sick and/or annual leave for County business days
occurring during the waiting period. After the required “waiting period”, the injured
employee shall not receive compensation from the County; however, the employee shall
receive compensation directly from the County’s Worker Compensation insurance carrier
in accordance with the Worker’s Compensation Act.
Only in cases where the injured employee’s compensable injury extends their absence
beyond twenty-one (21) calendar days, the County’s workers compensation insurance
carrier shall forward compensation to the injured employee as compensation for missed
work during the aforementioned “waiting period”. The employee has the option to retain
said compensation for the “waiting period” and forfeit the sick and/or annual leave used or
forward the compensation check to the County for reinstatement of leave taken during the
waiting period.
Employees receiving worker’s compensation benefits shall not accrue sick or vacation
leave during their absence if workers compensation benefits are provided to an employee
for more than half of the month. The County will continue to provide Group Life Insurance
Benefits as well as the County’s portion of the health insurance premium during the time
of approved workers compensation leave from work. The employee shall be responsible
for the employee portion of the health insurance premium and any other employee paid
benefit. If an employee is unable to pay for any employee portion of an elected benefit,
the benefit shall be terminated and reinstated upon the injured employee’s return to work
or eligibility period of the program, whichever is applicable to the benefit. Should an
injured employee not return to full time or modified duty within a six month period from
the date of injury, the County reserves the right to review and determine the employee’s
eligibility for County paid benefits.
If the injured employee was injured while under the influence of alcohol or another
controlled substance, coverage by worker’s compensation insurance may be denied.
Temporary modified duty shall be provided when possible to all injured employees.
Alternate Duty
The County supports alternate duty assignments for employees who are recovering from
injuries. Alternate duty offers employees a chance to return to work at a capacity and
duration approved by the panel doctor. The employee will be considered for productive
assignments within his/her current department or another department if an assignment is
not available in his/her department. Employees are encouraged to return to work in an
alternate duty capacity whenever possible.
Employees will receive their normal pay while in an alternate duty assignment provided
they work full time. Employees who are restricted to limited hours will receive workers’
compensation lost wage payments for the hours they miss due to injury. Failure to report
to an available alternate duty assignment will result in discontinuation of lost wage benefits
and the employee will be considered to be on unapproved leave.
Alternate duty assignments will not exceed six months. After six months from the date of
injury, the panel physician should be able to indicate whether the employee is able to return
to the full duties of his/her position or if work limitations will be permanent.
In the event the employee is still being treated for the injury, and a final prognosis cannot
be made, the alternative duty assignment may be extended if approved by the Department
Director and the County Administrator and if it does not impede operations. In the event
of a permanent limitation, job accommodations and position transfer will be explored as
options for the employee.
Leave Records
Employees are required to complete their leave record reflecting time missing from work
due to injury and time at work while under work restrictions. The following codes are used
to reflect these hours:
W Workers’ Compensation - Hours missed from work due to work-related injury. This
also includes time for doctor appointments. Treatment and time missed must be for
an approved workers’ compensation claim. If a claim is denied, any “W” code used
must be changed to an “S” code for sick leave.
AD Alternate Duty – Hours the employee works in alternate duty or with restrictions
prohibiting the employee from performing his/her normal job/or restrictions on the
number of hours per day an employee may work.
S Sick Leave – Hours missed in accordance with the County sick leave policy.
Additionally, hours missed for a work-related injury during the “waiting period”
can be designated as sick leave.
ARTICLE IX
Separations
(Revised November 15, 2007, November 20, 2014)
Section 9.0
(Revised November 15, 2007)
Types of Separation
Separation of employees from positions in the classified service shall be designated as one
of the following and shall be accomplished in the manner indicated: resignation, layoff,
disability, death, retirement and dismissal.
Section 9.1
(Revised November 15, 2007, November 20, 2014)
County Equipment
At the time of separation and prior to final payment, all records, assets and other items of
County property in the employee's custody shall be transferred to his/her department head
and certification to this effect shall be signed by the employee.
Section 9.2
(Revised November 15, 2007, November 20, 2014)
Resignation
To resign in good standing, an all employees, with the exception of department directors,
shall give notice in writing to his/her department head at least fourteen (14) calendar days
prior to the effective date of the resignation. Failure to comply with this rule shall be
entered on the service record of the employee will result in the employee being ineligible
for rehire, except in extenuating circumstances at the approval of the Director of Human
Resources. Thirty (30) calendar days notice is requested for department directors resigning
from employment. All department directors shall transmit all resignations to the
Department of Human Resources within 24 hours of receipt.
An employee who fails to report to work for three (3) consecutive work days without
authorized leave shall be separated from the payroll. This action shall be reported as a
voluntary resignation.
Section 9.3
(Revised November 20, 2014)
Compulsory Voluntary Resignation
An employee, who without valid reason just cause, fails to report to work for three (3)
consecutive work days without authorized leave shall be separated from the payroll. This
action shall be reported as a compulsory voluntary resignation.
Section 9.4
(Revised November 20, 2014)
Reduction in Force
Any involuntary separation other than due to delinquency, misconduct, or inefficiency, or
disciplinary action shall be considered a layoff.
When feasible, A an employee shall be laid off on the basis of the following three (3)
equally weighted factors:
a. length of service in class;
b. length of service with the County; and
c. the employee's performance evaluations.
When a department director believes an individual is essential to the effective operation of
the department because he/she possesses special skills or abilities and he/she wishes to
retain that person in preference to a person with a higher rating he/she shall submit a written
request to the County Administrator. The request shall detail the specific skills and abilities
possessed by the individual and the reasons why the person is essential to the effective
operation of the department. The individual may be retained with the approval of the
County Administrator.
If a regular full-time employee is scheduled to be laid off, he/she shall be allowed to
compete for a vacant position(s) elsewhere in the County. He/she shall submit an
application for employment for any vacancy(ies) he/she is interested in and is required to
submit to all selection-related activities related to the selection process of the vacancy(ies).
offered a demotion to a lower class if a vacancy exists or if he/she is senior to the other
employees, provided he/she is qualified or able to be trained to fill positions in the lower
class involved. Regular full-time employees to be laid off shall be notified in writing by
the County Administrator's office at least fourteen (14) calendar days prior to the effective
date of the layoff.
Adopted this 20th day of November, 2014.
_______________________________
Byron B. Bailey, Chairman
__________________________
Carey Mills Storm, Clerk
Approved as to Form:
___________________________
Mark C. Popovich, County Attorney
ISSUE:
Resolution – Amendment to the FY 2014-2015 Position
Classification and Compensation Plan
BACKGROUND:
Staff is requesting the Board’s consideration of amendments to the
FY 2014-2015 Position Classification and Compensation Plan.
The amendments include the addition of two (2) new class titles of
Comptroller and Purchasing Agent into the FY 2014-2015 Position
Classification and Compensation Plan and the abolishment of the
class title of Procurement Coordinator. The recommended
amendments will not result in a net increase of Full Time
Equivalent positions (FTEs).
BUDGETARY IMPACT:
There is no anticipated budgetary impact.
RECOMMENDATION:
Adopt a Resolution to Amend the FY 2014-2015 Position
Classification and Compensation Plan.
ATTACHMENTS:
- Resolution
- Proposed Amended FY 2014-2015 Position Classification and
Compensation Plan
RESOLUTION TO AMEND THE FY 2014–2015 POSITION
CLASSIFICATION AND COMPENSATION PLAN
WHEREAS, the Board of Supervisors has approved the FY 2014-2015
Position Classification and Compensation Plan; and,
WHEREAS, in accordance with County Policy (Chapter 1: Personnel,
Article II, Position Classification Plan and Article III, Compensation Plan), the
Position Classification and Compensation Plan containing the Salary Schedule
and Schematic List of Classes assigned to Salary Grades is recommended for
amendment to incorporate two (2) new class titles of Comptroller and Purchasing
Agent into the FY 2014-2015 Position Classification and Compensation Plan and
the abolishment of the class title of Procurement Coordinator; and,
WHEREAS, the amendments to the FY 2014-2015 Position Classification
and Compensation Plan will not result in a net increase of Full Time Equivalent
positions (FTEs); and,
WHEREAS, the amendments to the FY 2014-2015 Position Classification
and Compensation Plan have been recommended to the Board of Supervisors for
approval and adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
the County of Isle of Wight, Virginia that the amended FY 2014-2015 Position
Classification and Compensation Plan is hereby adopted and shall remain in
effect until amended by the Board.
Adopted this 20th day of November, 2014.
Byron B. Bailey, Chairman
__________________________
Carey Mills Storm, Clerk
Approved as to Form:
Mark C. Popovich, County Attorney
ISLE OF WIGHT COUNTY, VIRGINIA
POSITION CLASSIFICATION AND COMPENSATION PLAN
2014 - 2015 Fiscal Year
GradeMinMidMax Exempt
Nonexempt Title
1 $18,500 $23,588 $28,675 NConvenience Center Attendant
$8.89 $11.34 $13.79 NClerk (part-time)
NSkating Rink Attendant
2 $19,425 $24,767 $30,109 NDocent
$9.34 $11.91 $14.48
3 $20,396 $26,005 $31,614
$9.81 $12.50 $15.20
4 $21,416 $27,305 $33,195 NMaintenance Worker I
$10.30$13.13$15.96 NReceptionist/Switchboard Operator
5 $22,487 $28,671 $34,855 NSenior Skating Rink Attendant
$10.81 13.78 $16.76
6 $23,611 $30,104 $36,597 NAssistant Registrar
$11.35 $14.47 $17.59 NCeramics Coordinator/Office Aide
N Emergency Services Assistant/Secretary
NEnvironmental Assistant
NMaintenance Worker II
NPermit Technician
NSanitation Equipment Operator
N Secretary
7 $24,792 $31,610 $38,427 NCashier
$11.92 $15.20 $18.47 NDeputy Clerk I
NHuman Resources Assistant
NParks & Grounds Attendant
NUtilities Accounting Technician
NUtility Systems Worker
N Heavy Equipment Operator I
8 $26,031 $33,190 $40,349 NCollections Clerk
$12.51 15.96 19.40 NFFS/Homeownership Coordinator
9 $27,333 $34,849 $42,366 NAdministrative Assistant
$13.14 $16.75 $20.37 NDeputy Clerk II
NField Specialist
NLead Sanitation Equipment Operator
NLicense & Meals Tax Auditor/Deputy Clerk III
NMaintenance Worker III
NParalegal
NReal Estate Clerk
NRecreation Specialist
NSection 8 Coord/Inspector II
NSenior Parks & Grounds Attendant
NSenior Utilities Accounting Technician
10 $28,700 $36,592 $44,484 NDispatcher
$13.80 $19.59 $21.39 NPayroll Technician
NPlanning & Zoning Technician
Schematic List of Class Titles and Salary Grades - effective November 20, 2014
Page 1
ISLE OF WIGHT COUNTY, VIRGINIA
POSITION CLASSIFICATION AND COMPENSATION PLAN
2014 - 2015 Fiscal Year
GradeMinMidMax Exempt
Nonexempt Title
10 $28,700 $36,592 $44,484 NUtility Systems Mechanic
$13.80 $19.59 $21.39
11 $30,135 $38,422 $46,709 NAccounts Payable Technician
$14.49 $18.47 $22.46 NAdministrative Services Manager
NDeputy Clerk III
NIT Support Specialist I
NLegal Assistant
NMedical Billing Clerk
NPump Station Mechanic
NPurchasing Technician
NVisitor's Center Manager
NWater Quality Technician
12 $31,641 $40,343 $49,044 NCodes Enforcement Officer
$15.21 $19.40 $23.58 NDeputy Clerk IV
NEngineering & Environmental Technician
NLead Grounds Worker
NLead Maintenance Worker
NPlanning Services Coordinator
NSenior Dispatcher
13 $33,223 $42,360 $51,496 NExecutive Legal Assistant
$15.97 $20.36 $24.76 NJudicial Assistant
E Procurement Coordinator
NRecreation Coordinator
14 $34,885 $44,478 $54,071 NCodes Compliance Inspector
$16.77 $21.38 $25.99 NFirefighter
NGIS Support Technician
NIT Support Specialist II
NOffice Administrator
NParks & Grounds Supervisor
NRecycling Coordinator
NStormwater Technician
15 $36,629 $46,702 $56,775 NConstruction Inspector
$17.61 $22.45 $27.29 NEmergency Communications Supervisor
NFair/Events Coordinator
NSecretary to the County Administrator
NSpecial Events Coordinator
NUtility Systems Foreman
16 $38,460 $49,037 $59,613 N Building Operations Technician
$18.49 $23.57 $28.66 NChief Codes Compliance Inspector
NEnvironmental Planner
NFirefighter/Medic
EHuman Resources Coordinator
NGIS Manager
NJr. Accountant - Stormwater
NMarketing & Public Relations Manager
NParamedic/Intermediate
Schematic List of Class Titles and Salary Grades - effective November 20, 2014
Page 2
ISLE OF WIGHT COUNTY, VIRGINIA
POSITION CLASSIFICATION AND COMPENSATION PLAN
2014 - 2015 Fiscal Year
GradeMinMidMax Exempt
Nonexempt Title
16 $38,460 $49,037 $59,613 NPlanner
$18.49 $23.57 $28.66 NSpecial Projects Manager
NSubdivision Planner
NUrban Design Planner
EVictim Witness Director
NWeb Coordinator
17 $40,383 $51,489 $62,594 NAccountant
$19.41 $24.75 $30.09 NFirefighter/Medic/Infection Control
NFirefighter/Medic/Trainer
NInformation Services Specialist
NPlanner II
NRecreation Manager
18 $42,402 $54,063 $65,724 EAccounting Manager
$20.38 $25.99 $31.60 NFire & EMS Lieutenant
EPlans Examiner
EProject Manager
ETransportation Project Manager
19 $44,522 $56,766 $69,010 EChief Deputy Clerk
EChief Deputy Commissioner of Revenue
EChief Deputy Treasurer
NMaster Maintenance Technician
NMedical Billing Coordinator
20 $46,749 $59,604 $72,460 EConstruction Supervisor
EEnvironmental Programs Manager
ENetwork Manager
EPurchasing Agent
ERisk Management Coordinator
ERural Economic Development Manager
ESection 8 Housing Director
NSenior Planner Long Range Planning
21 $49,086 $62,585 $76,083 EBuilding & Maintenance Manager
EEconomic Development Project Manager
EReal Estate Assessor
22 $51,540 $65,714 $79,887 NEMS Captain
EPrincipal Planner
EPublic Utilities Manager
ESolid Waste Manager
23 $54,117 $69,000 $83,882 EAssistant Director of Information Technology
ECapital Projects Engineer
EStormwater Engineer
24 $56,823 $72,450 $88,076 EAssistant Director of Planning & Zoning
EBusiness Development Manager
EEmergency Communications Manager
EParks Administrator
ERecreation Administrator
25 $59,664 $76,072 $92,480 EComptroller
Schematic List of Class Titles and Salary Grades - effective November 20, 2014
Page 3
ISLE OF WIGHT COUNTY, VIRGINIA
POSITION CLASSIFICATION AND COMPENSATION PLAN
2014 - 2015 Fiscal Year
GradeMinMidMax Exempt
Nonexempt Title
25 $59,664 $76,072 $92,480 EEmergency Management Coordinator
EFire & EMS Coordinator
EPublic Works Administrator
26 $62,648 $79,876 $97,104 EDirector of Inspections
EDirector of Tourism
27 $65,780 $83,869 $101,959 E Chief of Emergency Services
E Director of Information Technology
28 $69,069 $88,063 $107,057 EAssistant Commonwealth's Attorney
EAssistant County Attorney
EAssistant Director of General Services
EAssistant to the County Administrator
ECounty Engineer
EDirector of Information Resources & Legislative Affairs
EDirector of Parks & Recreation
29 $72,522 $92,466 $112,410 EDirector of Budget & Finance
EDirector of Economic Development
EDirector of General Services
EDirector of Human Resources
EDirector of Planning & Zoning
30 $76,149 $97,089 $118,030
31 $79,956 $101,944 $123,932 EChief Financial Officer
32 83,954 107,041 130,128 EAssistant County Administrator
Schematic List of Class Titles and Salary Grades - effective November 20, 2014
Page 4
ISSUE:
Resolution – Intent to Transfer the Administration of the Section 8
Housing Voucher Program Effective June 30, 2015
BACKGROUND:
The Section 8 Housing Voucher Program currently provides housing
assistance for approximately 244 low-to-moderate income families in
Isle of Wight County.
For several years, the amount of funding provided to the County from
the Virginia Housing Development Authority (VHDA) to offset the
administrative costs of operating the program has been declining. The
County’s current budget to operate the Section 8 Housing Voucher
Program includes a local transfer of $34,623. The FY13-14 local transfer
amount was $71,053. Without a significant increase in local funding,
the program is not sustainable.
The County currently manages the program with two (2) full-time and
one part-time employee. The program is growing and it will require no
less than three full-time employees for the County to continue to
effectively manage the program.
A request has been made to have VHDA transfer the management of the
County’s program to another agency, effective July 1, 2015. In this
regard, VHDA has advised that, pending approval by the U. S.
Department of Housing and Urban Development, management of the
County’s vouchers will be transferred to the Suffolk Redevelopment and
Housing Authority (197 vouchers primarily in the Carrollton and
Smithfield areas) and the Franklin Redevelopment and Housing
Authority (47 vouchers primarily in the Camptown, Carrsville, Windsor,
and Zuni areas).
Staff is working with VHDA to ensure a smooth transition of the
program such that impacts on tenants and landlords will be minimized
as much as possible.
BUDGETARY IMPACT:
Budgetary impacts on the FY2014-15 are to be determined based on the
disposition of staff between now and June 30, 2015. Transfer of the
Section 8 Housing Voucher Program will eliminate the program from
the FY2015-16 operating budget.
RECOMMENDATION:
Adopt a resolution to authorize transfer of the Section 8 Housing
Voucher Program.
ATTACHMENTS:
Resolution
Correspondence from VHDA
RESOLUTION TO AUTHORIZE TRANSFER OF THE SECTION 8 HOUSING
VOUCHER PROGRAM
WHEREAS, the Board of Supervisors desires to transfer the management of
the County’s Section 8 Housing Voucher Program (“the Program”) to another
agency, effective July 1, 2015; and,
WHEREAS, the Virginia Housing Development Authority (VHDA) has
determined that, pending approval by the U. S. Department of Housing and Urban
Development, management of the Program will be transferred to the Suffolk
Redevelopment and Housing Authority (197 vouchers primarily in the Carrollton
and Smithfield areas) and the Franklin Redevelopment and Housing Authority (47
vouchers primarily in the Camptown, Carrsville, Windsor, and Zuni areas).
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the
County of Isle of Wight, Virginia that management of the Program be transferred
to VHDA for the purpose of serving the clients of Isle of Wight County by providing
such eligible clients with Housing Choice Vouchers.
BE IT FURTHER RESOLVED that the County Administrator is hereby
authorized to execute and deliver such agreements, documents, certificates, and
correspondence and to take such other action as shall be necessary or appropriate to
effect such transfer.
Adopted on this 20th day of November, 2014.
Byron B. Bailey, Chairman
Carey Mills Storm, Clerk
Approved as to form:
Mark C. Popovich, County Attorney
ISSUE:
Matters for the Board’s Information
BACKGROUND:
The matters attached to this Board report are included as means of
providing information to the Board relative to matters of interest. These
items do not require any action by the Board.
RECOMMENDATION:
For the Board’s information.
ATTACHMENTS:
1. Monthly Reports: Tax Levies & Collections as of September 2014,
Cash Position, and Treasurer’s Accountability
2. Fire and Rescue Activity Report
3. Sheriff’s Monthly Activity Report – October 2014
4. County Website Statistics – October 2014
5. Isle 2040 Action Plan
6. Holiday Luncheon
7. General Services Project Savings Update
8. Economic Development Update – Local Businesses Receive
Enterprise Zone Grants
9. CIP Calendar
10. GFOA Distinguished Budget Presentation Award
11. Life Safety Awards
12. Isle of Wight Volunteer Rescue Squad Building Update
13. Meetings with Legislators
11.03.14 OCT 13 JANFEBMARAPRMAYJUNJULAUGSEP OCT 14 NOV DECYTD 14YTD 13YTD % chng
Calls for Service
Law Enforcement 3,5343,2213,2243,5893,1453,1203,4863,281 3,463 3,3863,501 33,41637,146 -10.04%
Animal Services 757191859912914196 97 107134 1,0501,140 -7.89%
GRAND TOTAL 3,6093,2923,3153,6743,2443,2493,6273,377 3,560 3,4933,6350 034,46638,286 -9.98%0
School Checks (num)12953666874693311 6 169139 6881,188 -42.09%
School Checks (time)59:2718:0229:0431:0029:0042:2819:342:520:3396:1157:02 325:46576:43 -43.51%
False Alarms 111124 718151635 26 2617 195189 3.17%
Escorts 612 8121210 6 8 8 17 7 100128 -21.88%PNASH 0
Traffic 0
Traffic Stops 339348350514411444375358 430 283354 3,8673,453 11.99%
Traffic Summons 151143184290214264227226 284 182180 2,1941,782 23.12%
Traffic Crashes 7274847170646568 51 6791 705738 -4.47%0
Criminal Process 0
Misdemeanor Charges 4969244827602338 51 3426 400447 -10.51%
Felony Charges 121717331942 913 12 930 201192 4.69%
Unknown Class 210 0 1 0 0 0 0 0 0 236 -94.44%
GRAND TOTAL 63874181471023251 63 4356 0 0603675 -10.67%0
Civil Process 0
Writ- Levy 076 2 5 2 5 6 0 5 2 4046 -13.04%
Writ- Repo 9910 5 8 6 5 5 6 10 3 6779 -15.19%
Evictions 14213 412101211 23 1626 129135 -4.44%
All Other Civil 1,013621998946831853879888 787 858895 0 08,55610,462 -18.22%
GRAND TOTAL 1,0366391,027957856871901910 816 889926 8,79210,722 -18.00%0
Property 0
Reported Stolen $46,681$43,892$78,019$15,351$22,559$58,066$62,348$30,850 $31,261 $28,781$56,577$427,704$606,452 -29.47%
Stolen Items 7333453658605762 71 68110 600982 -38.90%
Reported Recovered $10,201$27,137$36,502$700$3,095$3,325$34,011$10,551 $20,151 $2,100$15,144$152,716$37,034 312.37%
Recovered Items 610 4 6 818 8 7 10 711 89115 -22.61%
Reported Damaged $11,670$11,361$4,760$8,656$2,983$11,713$3,795$52,017 $18,051 $11,935$6,289 $131,560$87,540 50.29%
Damaged Items 2729133016321325 30 3022 240197 21.83%0
Court 0
Fines and Fees $0 #DIV/0!
Jury Trials 100 0 1 0 0 1 0 0 0 2 2 0.00%0
Other 0
Mileage 80,879 86,406 80,582 92,725 96,643 89,885 82,120 82,814 94,386 87,809 58,126 851,496 549,976 n/a
Gun Permits 5273798848394949 51 5053 579719 -19.47%
Fingerprints (non crim.)227181121142029 63 4736 266177 50.28%
Reports (IBR)8471636871814965 75 6067 670792 -15.40%
Reports (Non-IBR)12712810811611814376101 114 110136 1,1501,573 -26.89%
11
44
12
Currency values rounded to the dollar: School check hours rounded to the hour
Totals may change between reporting periods due to ongoing investigations, case updates, error correction, and late reporting.
Isle of Wight County Sheriff's Office • Monthly Activity Report - OCT 2014
STATISTICAL INFO YTD TO LAST MONTH COMPLETED-OCT 11.03.14
MEAN (AVG)MEDIAN HIGHEST LOWEST
Law Enforcement 3,3423,3613,5893,120
Animal Services 105 103 141 71
GRAND TOTAL 3,4473,4643,6743,244
School Checks (num)69 96 169 6
School Checks (time)1 2 4 0
False Alarms 20 14 35 7
Escorts 10 10 17 6
Traffic Stops 387 351 514 283
Traffic Summons 219 162 290 143
Traffic Crashes 71 83 91 51
Misdemeanor Charges 40 48 69 23
Felony Charges 20 24 42 9
Unknown Class 0 1 1 0
GRAND TOTAL 60 72 102 32
Writ- Levy 4 5 7 0
Writ- Repo 7 6 10 3
Evictions 13 14 26 2
All Other Civil 856 758 998 621
GRAND TOTAL 879 7831,027 639
Reported Stolen 42,77050,23578,01915,351
Stolen Items 60 72 110 33
Reported Recovered 15,27221,14036,502 700 monetary 36%
Recovered Items 9 11 18 4 items 15%
Reported Damaged 13,1568,82552,0172,983
Damaged Items 24 26 32 13
Mileage 85,15072,26696,64358,126
Gun Permits 58 63 88 39
Fingerprints (non crim.)27 22 63 7
Reports (IBR)67 69 81 49
Reports (Non-IBR)115 132 143 76
Isle of Wight County Sheriff's Office • Monthly Activity Report - 2014
Calls for Service
Traffic
Criminal Process
Property
Civil Process
Other
Property Recovery
(from Average)
Monetary values are rounded
to the nearest dollar. Totals
may change between reporting
periods due to ongoing
investigations, case updates,
error correction, and late
reporting.
2013 2014 2013 2014 2013 2014 2013 2014 2013 2014 2013 2014 2013 2014 2013 2014 13 TOT 14 TOT % Change
January 0 0 0 0 0 0 2 3 15 3 27 9 1 1 0 0 45 16 -64.4%
February 1 0 0 0 0 0 1 0 4 3 13 16 1 2 0 0 20 21 5.0%
March 0 0 0 0 1 0 2 1 4 2 24 14 2 1 0 0 33 18 -45.5%
April 0 0 1 0 0 0 3 2 7 5 12 16 2 2 0 0 25 25 0.0%
May 0 0 0 1 0 0 4 2 17 6 14 18 1 0 0 1 36 28 -22.2%
June 0 0 0 0 0 0 4 1 9 5 20 19 1 1 0 0 34 26 -23.5%
July 0 0 0 0 0 0 2 4 7 2 15 27 2 1 1 0 27 34 25.9%
August 0 0 0 0 3 0 6 2 9 7 15 10 3 1 0 0 36 20 -44.4%
September 0 0 1 0 0 1 1 1 8 9 22 11 1 0 0 0 33 22 -33.3%
October 0 0 0 1 0 0 3 3 10 8 23 10 0 0 0 0 36 22 -38.9%
November 0 1 0 0 6 28 1 0 36 0
December 0 0 0 2 4 20 1 0 27 0
YTD TOTAL 1 0 2 2 4 1 28 19 90 50 185 150 14 9 1 1 325 232 -28.6%
GRD TOTAL 1 3 4 30 100 233 16 1 388
2013 20132013
35 290325
NOTICE: THE DATA IN THIS REPORT IS DYNAMIC AND MAY CHANGE AS CASES ARE RECLASSFIED, RECORDS EXPUNGED, OR ERRORS CORRECTED.
SOURCE: IOWSO RMS DATA AS OF 02.01.14 FOR ALL 2013 DATA AND 11.03.14 FOR 2014 DATA ) PWN
ISLE OF WIGHT COUNTY SHERIFF'S OFFICE
11.03.14
CRIMES AGAINST PROPERTY 2014 YTD TOTAL 2014 YTD
-28.6%-27.6%-37.1%
Isle of Wight County Sheriff's Office
22
Select Group A Offenses October 2014
RapeRobberyAgg. AssaultBurglaryHomicide
CRIMES AGAINST PERSONS 2014 YTD
LarcenyMV Theft
210 232
ArsonTOTALS
SCHOOL COUNTTIME% COUNT% TIME
CARROLLTON ELEMENTARY SCHOOL239:1616.5%16.2%
CARRSVILLE ELEMENTARY SCHOOL359:5325.2%17.3%
GEORGIE D TYLER MIDDLE SCHOOL95:196.5%9.3%
HARDY ELEMENTARY SCHOOL206:3714.4%11.6%
ISLE OF WIGHT ACADEMY174:3312.2%8.0%
SMITHFIELD HIGH SCHOOL149:0610.1%16.0%
SMITHFIELD MIDDLE SCHOOL32:212.2%4.1%
WESTSIDE ELEMENTARY SCHOOL10:170.7%0.5%
WINDSOR ELEMENTARY SCHOOL114:257.9%7.7%
WINDSOR HIGH SCHOOL65:164.3%9.2%
Grand Total13957:02100.0%100.0%
Note: These times only reflect actions of NON SRO Personnel
11.03.14
OCT 2014
Isle of Wight County Sheriff's Office • Monthly School Check Report
RANKNATURE COUNT% TOTALRANKNATURE COUNT% TOTAL
1 PATROL CHECK 1254 34.50%51FALLS AND RELATED INJURIES 4 0.11%
2 CIVIL PAPER 493 13.56%52ASSAULT NO WEAPONS 4 0.11%
3 TRAFFIC STOP 354 9.74%53DIFFICULTY BREATHING 4 0.11%
4 CITIZEN ASSIST 147 4.04%54OFFICER INFORMATION 4 0.11%
5 SCHOOL CHECK 139 3.82%55DISPUTE (NON-FAMILY)4 0.11%
6 ANIMAL COMPLAINT 137 3.77%56UNAUTHORIZED USE OF AUTOMOBILE3 0.08%
7 BUSINESS CHECK 99 2.72%57EMERGENCY PROTECTIVE ORDER 3 0.08%
8 SUSPICIOUS PERS./VEH./ACTIVITY 87 2.39%58CAR FIRE 3 0.08%
9 PAPER SERVICE 86 2.37%59REPOSSESSION 3 0.08%
10 POLICE INVESTIGATIONS 75 2.06%60POLICE PURSUIT VEH OR FOOT 3 0.08%
11PRISONER TRANSPORT 67 1.84%61HIT AND RUN 3 0.08%
12ACCIDENT NO INJURIES 57 1.57%62BRUSH FIRE 3 0.08%
13ALARM - BURGLARY 49 1.35%63FIGHT IN PROGRESS 2 0.06%
14DISABLED VEHICLE 46 1.27%64FOUND PROPERTY 2 0.06%
15HOUSE CHECK 39 1.07%65TEMPORARY DETENTION ORDER 2 0.06%
16ASSIST OTHER JURISDICTION 34 0.94%66STRUCTURE FIRE 2 0.06%
17FINGERPRINTS 25 0.69%67OTHER OR UNKNOWN PROBLEM 2 0.06%
18ACCIDENT UNKNOWN INJURIES 20 0.55%68STOLEN VEHICLE 2 0.06%
19RECKLESS DRIVING 20 0.55%69SHOPLIFTING 2 0.06%
20EVICTION 19 0.52%70SEX OFFENSES RAPE ASSAULT 2 0.06%
21WELFARE CHECK 17 0.47%71IDENTITY THEFT 2 0.06%
22911 HANG UP 17 0.47%72HEAD INJURIES OR HEADACHE 2 0.06%
23DISTURBANCE-LOUD NOISE 17 0.47%73BURGLARY - COMMERCIAL 2 0.06%
24SHOTS FIRED/PROMISCUS SHOOTING15 0.41%74CHILD ABUSE OR NEGLECT 1 0.03%
25LARCENY PETIT AND GRAND 15 0.41%75PROTECTIVE ORDER VIOLATION 1 0.03%
26JUVENILE PROBLEMS 15 0.41%76ALLERGIC REACTIONS 1 0.03%
27FOOT/BIKE PATROL 15 0.41%77RECOVER STOLEN PROPERTY 1 0.03%
28ACCIDENT WITH INJURIES 14 0.39%78LOST PROPERTY 1 0.03%
29FRAUD 14 0.39%79FIRE ALARM 1 0.03%
30TRAFFIC HAZARD 13 0.36%80SEIZURE 1 0.03%
31ALARM - UNK TYPE 13 0.36%81POSSIBLE DOA OR FULL ARREST 1 0.03%
32DOMESTIC - VERBAL ONLY 12 0.33%82OPEN DOOR OR WINDOW 1 0.03%
33BE ON THE LOOKOUT 11 0.30%83FIRE OTHER NOT LISTED 1 0.03%
34COMMUNITY RELATIONS 11 0.30%84SICK / ILL OR RESCUE 1 0.03%
35CIVIL MATTER 10 0.28%85FIELD INTERVIEW 1 0.03%
36DESTRUCTION OF PROPERTY 9 0.25%86POLICE ASSIST RESCUE SQUAD 1 0.03%
37DIRECT PATROL 9 0.25%87LOITERING 1 0.03%
38TRAFFIC CONTROL 8 0.22%88PARKING VIOLATION 1 0.03%
39DOMESTIC ASSAULT - OCCURRED 8 0.22%89ARSON 1 0.03%
40BURGLARY - RESIDENTIAL 8 0.22%90INDUSTRIAL ACCIDENT 1 0.03%
41DISORDERLY INDIVIDUAL 7 0.19%91BLEEDING OR HEMORRHAGING 1 0.03%
42PROJECT LIFESAVER 7 0.19%92OVERDOSE 1 0.03%
43POLICE ESCORT 7 0.19%93DIABETIC PROBLEMS 1 0.03%
44BUSINESS ASSIST 5 0.14%94EMERGENCY CUSTODY ORDER 1 0.03%
45DRUG OFFENSES 5 0.14%0.00%
46BITE 5 0.14%0.00%
47DRIVING UNDER THE INFLUENCE 5 0.14%0.00%
48TRESPASS 4 0.11%TOTAL 3,635 100%
49THREATS 4 0.11%TOP TEN 2,871 78.98%
50 DOMESTIC ASSAULT - IN PROGRESS 4 0.11%11.03.14
PRIOR MONTH TOP TEN FOR COMPARISON YEAR TO DATE TOP TEN FOR COMPARISON
RANK NATURE COUNT % TOTAL RANK NATURE COUNT % TOTAL
1 PATROL CHECK 1188 32.68%1 PATROL CHECK 11,626 33.73%
2 CIVIL PAPER 582 16.01%2 CIVIL PAPER 4,978 14.44%
3 TRAFFIC STOP 283 7.79%3 TRAFFIC STOP 3,867 11.22%
4 SCHOOL CHECK 169 4.65%4 CITIZEN ASSIST 1,347 3.91%
5 BUSINESS CHECK 119 3.27%5 BUSINESS CHECK 1,307 3.79%
6 ANIMAL COMPLAINT 118 3.25%6 ANIMAL COMPLAINT 1,117 3.24%
7 CITIZEN ASSIST 113 3.11%7 PAPER SERVICE 876 2.54%
8 PAPER SERVICE 90 2.48%8 SUSPICIOUS PERS./VEH./ACTIVITY 761 2.21%
9 SUSPICIOUS PERS./VEH./ACTIVITY 81 2.23%9 PRISONER TRANSPORT 726 2.11%
10 PRISONER TRANSPORT 68 1.87%10 SCHOOL CHECK 688 2.00%
T **TOTAL** CALLS (not just top 10)3,493 77.33%T **TOTAL** CALLS YTD (not just top 10)34,466 79.19%
CALLS FOR SERVICE • OCTOBER 2014
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82
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86
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90
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/
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/
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/
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f
b
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1
0
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l
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10
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10
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/
10
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/
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10
6
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10
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/
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p
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r
a
m
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d
e
/
11
1
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2
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4
0
:
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1
:
2
0
/c
l
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r
k
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u
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t
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r
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/
f
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/
11
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0
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1
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11
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m
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n
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11
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0
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m
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11
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n
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r
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/c
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i
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r
‐of
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v
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n
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/
2
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1
2
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l
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t
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t
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/
11
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7
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1
0
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:
5
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/v
o
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r
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n
/
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t
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n
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/
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0
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/a
n
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/
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/
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o
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/
12
0
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4
0
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:
5
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/c
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t
o
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n
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y
/
p
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b
l
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c
u
m
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t
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/
12
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/b
l
o
g
/
b
r
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d
g
e
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o
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u
r
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b
i
t
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a
d
‐rt
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7
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5
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8
0
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3
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/c
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u
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r
t
/
p
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b
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t
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/
12
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12
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4
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0
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4
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d
o
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c
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/b
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/
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t
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y
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l
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s
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r
‐20
1
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/
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/
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s
12
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/
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a
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r
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a
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/
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x
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r
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/
b
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a
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v
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g
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d
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13
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0
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0
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3
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/c
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u
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/
s
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a
f
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0
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1
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/v
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40:01:37
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10:03:03
ISLE 2040
Inventive Solutions for a Livable Environment
PUBLIC INFORMATION SESSIONS
November 6, 2014 (12:00 noon) Kiwanis Presentation
(6:00 pm) Rushmere Town Hall Meeting
November 18, 2014 (10:00 am) Developer/Broker Presentation
(6:00 pm) Landowner Meeting (Time may be adjusted or 2nd meeting
set)
December 1, 2014 (7:00 pm) Carrollton Civic League/IOW Citizens Assoc. Presentation
December 2, 2014 (6:00 pm) Public Meeting (Nike Park Recreation Hall)
December 2014 (TBD) Gatling Pointe HOA – Mike Petty (Awaiting Date)
December 2014 (6:00 pm) Carrsville Town Hall (Awaiting Date)
December 2014 (6:00pm) Windsor Town Hall (Awaiting Date)
December 23, 2014 (6:00 pm) Planning Commission – Information Presentation
January 20, 2015 (6:30 pm) Eagle Harbor HOA – Curt Lycke
January 27, 2015 (6:00 pm) Planning Commission – Public Hearing
February 19, 2015 (5:00 pm) Board of Supervisors – Public Hearing/Consideration
*Dates noted are tentative based on Planning Commission and Board of Supervisors
MEMORANDUM
TO: Anne F. Seward, County Administrator
FROM: Tony Wilson, Public Works Administrator
SUBJECT: General Services Projects Savings
DATE: November 10, 2014
The Buildings and Solid Waste Divisions of General Services have experienced positive results
thus far in FY2014. The addition of highly skilled and qualified staff have proven to have an
immediate impact on operations. Tasks that previously required the County to reserve funding for
outsourcing technical or mechanical building maintenance are now capable of being completed by
County staff.
The Building Division has reported operational budgetary savings by performing these tasks
with County staff in lieu of hiring a contractor. The following tasks were performed by
County staff and resulted in savings.
Boardroom HVAC Replacement
The estimated contracted value of the HVAC replacement was $50,000.00. County staff
outsourced the fabrication of the new duct work for $25,000.00. County staff purchased the
equipment and supplies directly and installed all equipment resulting in a $25,000.00 savings.
Administration Building Boiler Replacement
Estimated contracted value of the boiler replacement was $11,500.00. County staff purchased the
equipment and supplies for $8,200.00 and installed all equipment resulting in a $3,300.00 savings.
Smithfield Library HVAC installation for Administration Offices
Estimated contacted value of the HVAC installation was $4,300.00. County purchased the
equipment and supplies for $2,800.00 and installed all equipment resulting in a $1,500.00 savings.
The following tasks are in process or planned, and are expected to realize savings by utilizing
qualified County staff: Central Permitting, Nike Park Senior Bldg. Remodel and Nike Park
Rec Hall HVAC installation.
The Building Division has also performed work at the Smithfield Health Department, which is a
Capitol Project. This work consisted of HVAC replacement and replacement of all lighting within
the renovated area with energy efficient lighting. This was to be scheduled as a part of the
renovation contract but was removed in order to reduce cost. By performing these two portions of
work in house a savings of approximately $40,000.00 was realized.
Plastic Bag Recycling Profit Re-Negotiation
The County receives revenues through the Plastic Bag Recycling program. County staff has
successfully negotiated to receive double the revenue amount for FY 2015. The amount received
in FY 2014 was $0.05 per pound, which realized $659 in revenues to the County. For FY 2015,
the amount will be $0.10 per pound. This effort will realize $1,318fo FY 2015. Furthermore, this
results in an additional savings to the county of $824 by diverting approximately 6.5 tons from the
County waste stream, which would have been processed at a cost of $125 per ton. This program
thus provided a net savings to the County of $2142 for FY 2015.
Electronics Recycling Cost Eliminated
The FY 2015 budgeted cost for the disposal of electronics is $20,000. This amount has been
eliminated through a new agreement with Goodwill Industries who will collect and recycle these
materials for free as often as needed. Therefore, the County will realize a cost avoidance of the
entire $20,000.
All of these tasks and projects were performed while also maintaining a constant work order
system for staff’s regular maintenance activities. The Buildings and Solid Waste Divisions of
General Services is committed to finding ways to reduce cost through qualified staffing and cost
engineering. These cost reductions will hopefully justify the additional staffing needs in the near
future.
MEMORANDUM
DATE: November 12, 2014
TO: Anne Seward, County Administrator
FROM: Amy Ring, Interim Director, Economic Development
SUBJECT: 2013 Enterprise Zone Grant Awards
Each year, businesses located in state-designated Enterprise Zones may qualify for Job Creation
Incentive grants from both the State as well as the locality. In order to qualify for these grants, the
newly created jobs must be full time equivalent and pay a minimum of 150% of the Federal
minimum wage. Please find below a list of local businesses that have received both State and local
Enterprise Zone Grant awards for new jobs created:
Keurig Green Mountain Coffee (KGMCR) is located within Windsor Subzone 1 of the
County’s Enterprise Zone. Since beginning operations in 2012, KGMCR has created over
500 new, full-time jobs. KGMCR qualified for a local Enterprise Zone Job Creation Grant of
$10,000 as well as a State Enterprise Zone Job Creation Grant of $149,437.00 in 2013.
International Paper (IP) is located within the Camptown Subzone of the County’s Enterprise
Zone. IP qualified for a State Enterprise Zone Job Creation Grant of $138,711.00. IP created
over 174 new jobs in 2013, and a total of over 240 jobs since 2012.
ST Tissue is also located within the Camptown Subzone of the County’s Enterprise Zone. ST
Tissue qualified for a State State Enterprise Zone Job Creation Grant of $47,965 by creating
over 95 new jobs in 2013.
Franklin Lumber, LLC only began operations in the fall of 2013, but still managed to create
at least 33 new full-time jobs. In recognition of this achievement, Franklin Lumber qualified
for the County’s maximum job creation incentive grant award of $10,000. Franklin Lumber
leases property from IP in the Camptown sub-zone.
In all, the businesses in the County’s Enterprise Zone have created over 860 new full-time equivalent
jobs since 2012. Since its creation in November 2011, the County’s Enterprise Zone has been an
effective tool for the County to encourage business to locate in these zones, thereby stimulating job
growth and capital investment. This has increased local revenues as well as raised the quality of life
for County residents by increasing local wealth through job creation.
If you have any questions or need additional information, please feel free to call me at 356-1969 or
374-1722.
ISLE OF WIGHT COUNTY, VIRGINIA
CAPITAL IMPROVEMENTS PLAN (CIP) – FY 2016 to 2025
TENTATIVE DEVELOPMENT CALENDAR
September 10, 2014 CIP Packages Distributed to Departments
September 26, 2014 CIP Requests Due to County Administrator’s Office
Oct. 13 – Nov. 14, 2014 County Administrator review and development of Proposed CIP
November 25, 2014 Draft CIP presented to Planning Commission
December 23, 2014 Planning Commission Adoption of Proposed CIP
January 15, 2015 Proposed CIP Presented to Board of Supervisors
February 19, 2015 Public Hearing and Adoption by Board of Supervisors
*Dates noted are tentative based on Planning Commission and Board of Supervisors
MEMORANDUM
TO: H. ANNE SEWARD, COUNTY ADMINISTRATOR
FROM: MARK C. POPOVICH, COUNTY ATTORNEY
DATE: NOVEMBER 13, 2014
RE: ISLE OF WIGHT VOLUNTEER RESCUE SQUAD FACILITY
CC: FRANK HALTOM, DIRECTOR, GENERAL SERVICES
In an effort to keep you up-to-date on the status of the Isle of Wight Volunteer Rescue Squad facility
construction project, please note the following:
County staff continues to work with the general contractor to resolve outstanding issues related to
this construction project. While the specific legal issues related to those outstanding items are not
appropriate for this memorandum, please be advised that my office has been involved in this matter and
will continue to work diligent to bring this project to completion. The continued efforts of County staff and
consultants to ensure a first class facility is finalized for use by the volunteer Rescue Squad continues to be
our main objective.
Should you have any questions, please do not hesitate to contact me.
MEMORANDUM
TO: Anne F. Seward, County Administrator
FROM: Don Robertson, Director of Information Resources & Legislative Affairs
SUBJECT: Meetings with Legislators
DATE: November 17, 2014
Please be advised that I am in the process of meeting with our Legislative Delegation
relative to discussion of the County’s 2015 Legislative Priorities.
I have scheduled the following meetings:
Senator Norment – November 17, 2014 @ 2:00 pm
Delegate Tyler – November 24, 2014 @ 4:30 pm
Senator Lucas – December 2 @ 3:00 pm
As soon as I confirm additional meeting dates with the other members of the
Delegation I will advise.
Should you have questions or need additional information, please do not hesitate to
contact me at (757) 365‐6202 at your earliest convenience.