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July 16th, 2015 Full AgendaAgenda Board of Supervisors Isle of Wight County July 16, 2015 1. Call to Order (5:00 p.m.) 2. Closed Meeting 3. Invocation – The Honorable Rex W. Alphin/Pledge of Allegiance (6:00 p.m.) 4. Approval of Agenda 5. Consent Agenda A. June 3, 2015 Continued Meeting Minutes B. June 18, 2015 Regular Meeting Minutes 6. Regional Reports 7. Appointments 8. Special Presentations A. Resolution of Appreciation for Members of the County Sesquicentennial Committee B. VDOT Presentation – Franklin Residency Maintenance Update 9. Citizens’ Comments 10. Public Hearings A. Motion – Approval of a Conditional Use Permit for 17541 Scott’s Factory Road to Allow for Custom Manufacturing on the Site B. Motion – Approval of Conditional Use Permit to Allow a Car Wash on Parcel 9C-2 of Eagle Harbor Subdivision, Eagle Harbor Parkway C. Resolution – Approving the Amendment of the Comprehensive Plan to Provide for Land Use Changes in Accordance with the ISLE 2040 Plan D. Ordinance – Amendment and Reenactment of Isle of Wight County Code to Provide for Revisions Based on the ISLE 2040 Plan 11. County Attorney’s Report Petition for the Payment of Contributions to the Carrollton and Windsor Volunteer Fire Departments 12. County Administrator’s Report A. Resolution – Approving the Financing of Energy Efficiency Improvements by the Western Tidewater Regional Jail Authority B. Staff Report – Camptown Service District Update C. Board of Supervisors Strategic Planning Meeting D. Request for Change in August 2015 Meeting Date E. Request for a Fire and Emergency Medical Services Board Study F. Informational Items a. Monthly Reports: Tax Levies & Collections as of June 2015; Cash Position; and, Statement of the Treasurer’s Accountability b. Isle of Wight County Monthly Fire/EMS Call Summary and Other Statistics FY 2014/2015 c. Isle of Wight Sheriff’s Monthly Activity Report/June 2015 d. Isle of Wight Cooperative Extension Monthly Activity Report/June e. Isle of Wight Website Statistics/June 2015 f. Solid Waste Division Litter Pickup g. Correspondence from Chamber of Commerce - Cary and Main Development 13. Unfinished/Old Business Impact of Annexation 14. New Business 15. Adjournment 1 CONTINUED JOINT MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS AND THE ISLE OF WIGHT COUNTY PLANNING COMMISSION HELD THE THIRD DAY OF JUNE IN THE YEAR TWO THOUSAND AND FIFTEEN IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: Delores C. Darden Rudolph Jefferson ABSENT: Rex W. Alphin Byron B. Bailey Al Casteen Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Carey Mills Storm, Clerk Vice Chairman Darden called the continued meeting to order at 6:00 p.m. for the purpose of conducting a joint meeting with the Planning Commission regarding the ISLE2040 Plan. The meeting was adjourned following a determination that the Board did not have a quorum of its members present. __________________________ Rex W. Alphin, Chairman ________________________ Carey Mills Storm, Clerk 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE EIGHTEENTH DAY OF IN THE YEAR TWO THOUSAND AND FIFTEEN IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: Rex W. Alphin, Chairman Delores C. Darden, Vice-Chairman Rudolph Jefferson Alan E. Casteen Byron B. Bailey 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 a discussion regarding the appointees to County boards/committees/authorities; pursuant to Section 2.2- 3711(A)(1) regarding discussion of performance of two specific public appointees; and, pursuant to Section 2.2-3711(A)(7) concerning consultation with legal counsel employed and retained by this public body regarding specific legal matters requiring the provision of legal advice by such counsel related to actual litigation regarding the proposed waterline to the Gatling Pointe Subdivision. 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 Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that the Board return to open meeting. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, 2 Casteen and Bailey 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: Alphin, Darden, Jefferson, Casteen and Bailey NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 // At 6:00 p.m., Supervisor Casteen delivered the invocation and the Pledge of Allegiance to the Flag was conducted. 3 // APPROVAL OF AGENDA Supervisor Jefferson moved that the agenda be approved as presented. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. CONSENT AGENDA Supervisor Darden moved that the following Consent Agenda be adopted: A. Resolution - Port of Virginia Grant for Tyler’s Beach B. April 13, 2015 Continued Work Session Meeting Minutes C. April 16, 2015 Regular Meeting Minutes D. May 1, 2015 Special Budget Meeting Minutes E. May 21, 2015 Regular Meeting Minutes The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. // REGIONAL REPORTS Supervisor Darden distributed a pamphlet provided at the most recent meeting of the Hampton Roads Planning District Commission entitled Little Big Book of Big Data which illustrates how Isle of Wight County compares to other localities in the region. Supervisor Darden reported on the topics discussed at the most recent meeting of the Hampton Roads Transportation Planning Organization which included the I-64 widening project, Third-Crossing Study, the Commonwealth Transportation Board’s Six-Year Plan which emphasizes 4 light rail and public transportation; 2040 sea rise level; and, how future roads will be funded under House Bill 2. Supervisor Jefferson advised that Chairman Alphin has been appointed the Chairman of the Western Tidewater Regional Jail Board. He further reported the Jail is currently at 60% of its bed capacity and has spent approximately 88% of its allocated budget to date. He stated the Jail continues to be well maintained and managed and the County utilizes Jail inmates for a total of 528 hours and he encouraged continued utilization of inmates for other projects in the County. He advised that the Authority continues to procure an energy performance contract and Jail staff received a 2% pay increase and seven new Jail positions were funded by the State Compensation Board. APPOINTMENTS Supervisor Jefferson moved that Timmy Edwards be recommended to the Circuit Court Judge representing the Hardy District on the Board of Equalization. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATION/APPEARANCE Mark W. Furlo, Director of Parks and Recreation, presented a Resolution Designating July as Park and Recreation Month for the Board’s consideration. Supervisor Darden moved that the following Resolution be adopted: Designation of July as Park and Recreation Month WHEREAS, parks and recreation programs are an integral part of communities throughout this country, including the County of Isle of Wight, Virginia; and, WHEREAS, parks and recreation programs are vitally important to establishing and maintaining the quality of life in our communities, ensuring 5 the health of all citizens, and contributing to the economic and environmental well-being of the community and region; and, WHEREAS, parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for those who are mentally or physically disabled, and also improve the mental and emotional health of all citizens; and, WHEREAS, parks and recreation programs increase a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and, WHEREAS, parks and recreation areas are fundamental to the environmental well-being of the community; and, WHEREAS, parks and natural recreation areas improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife; and, WHEREAS, parks and natural recreation areas ensure the ecological beauty of the community and provide a place for children and adults to connect with nature and recreate outdoors; and, WHEREAS, the U.S. House of Representatives has designated July as Parks and Recreation Month; and, WHEREAS, Isle of Wight County Parks and Recreation will be hosting events to celebrate Parks and Recreation Month in Isle of Wight, such as Movies in the Park at Nike Park and Family Bingo at the Otelia J. Rainey Community Center; and, WHEREAS, the Isle of Wight County recognizes the benefits derived from parks and recreation resources. 6 NOW THEREFORE, BE IT RESOLVED BY the Isle of Wight County Board of Supervisors that July is recognized as Park and Recreation Month in the County of Isle of Wight. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Donald T. Robertson, Director of Information Resources and Legislative Affairs, introduced Lanna DeVites, Kathy Ross and Connie Carter, Section 8 Program staff, who were recognized for their efforts in closing out the administration portion of the Isle of Wight Section 8 Program in a professional and efficient manner. County Administrator Seward introduced Tom Elder, the County’s newly hired Director of Economic Development, who provided an overview of the information contained in the County’s 2014 Economic Development Activity Report. Mr. Elder introduced Blount Hunter, H. Blount Hunter Retail and Real Estate Research, summarized the findings identified in the Newport Development Service District Retail analysis dated June 5, 2015. CITIZENS’ COMMENTS Albert Burckhardt notified the Board that he had recently been offended by comments aimed at him by Planning Commissioners following his comments on the ISLE2040 Plan. He asked the Board to speak with their individual appointees regarding the way in which he was treated. Mayor Rita Richardson, Town of Windsor, advised that VDOT has been incurring numerous problems as it continues its study of the proposed Route 460 realignment. She stated that the cost of the proposed road is increasing as VDOT finds solutions to its problems and, as a result, the project cost could end up far exceeding the benefit. She distributed a copy of a resolution adopted by the Windsor Town Council in March, 2015 opposing the northern 7 bypass and requested the Board to consider reversing its resolution of support. Brenda Peters of Five Forks Road in Windsor relayed her opposition to the proposed Route 460 realignment project and requested the Board to rescind its previously adopted resolution. She specifically cited her opposition to the proposed northern bypass route around the Town of Windsor. William Johnson of Windsor spoke in opposition to the proposed northern bypass around the Town of Windsor. He recommended that the Board rescind its earlier motion in favor of the northern project route. Billy Gwaltney of Windsor requested the Board to reconsider its previous position on the Route 460 project. Dick Holland of Windsor requested the Board to reconsider its position on the proposed Route 460 realignment project. He acknowledged Supervisors Bailey and Casteen for their years of service on the Board and to the community. Herb DeGroft of Mill Swamp Road asked Supervisors Bailey and Casteen to resign from serving on the Western Tidewater Water Authority Board and begin negotiations for a less onerous water payment schedule on the Norfolk water agreement. Shelly Perry spoke against the ISLE2040 Plan. Joe Eldenfield, Vice President of Administration and Technology, Paul D. Camp Community College, formally introduced Bill Akin, the College’s new President. Betsey Egan, a resident of Smithfield, noted a discrepancy in the numbers used to calculate the historic rate in the proposed ISLE2040 Plan. She spoke in support of the Facility Use Agreement signed by most of the County’s volunteer fire and rescue organizations and she stated that the Route 460 realignment project being proposed by VDOT is not logical 8 Responding to comments offered earlier under Citizens Comments by Albert Burckhardt, Supervisor Darden stated that some of the past comments made by him and other citizens about the County Administrator and staff have been malicious, unprofessional and disrespectful. She added if Mr. Burckhardt wishes to be treated with respect, he must give it in return. The Board took a five-minutes recess. PUBLIC HEARINGS Chairman Alphin called for a public hearing on the following: A. Conditional Use Permit for Eagle Harbor LLC to Allow for Operation of a Convenience Store and Gasoline Station at 13511 Carrollton Boulevard. Trenton Blow, Planner, provided an overview of the application’s background. Chairman Alphin called for persons to speak in favor of or in opposition to the sale of the building. Dean Vincent of Gatling Pointe Parkway stated that the proposed site has been studied for this type of use for many years; the lighting to be used on this site meets the dark sky initiative; the site has a signal and good access; the 50-foot setback with respect to the right-of-way to the drive isles provides an opportunity to landscape; and, he requested the Board approve the request for a Conditional Use Permit. Albert Burckard, representing the Carrollton Civic League, advised that the League voted to welcome 7-Eleven into the Carrollton area. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Bailey moved that the Conditional Use Permit be approved as approved by the Planning Commission. The motion was adopted by a vote of 9 (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin called for a public hearing on the following: B. An Exception to the Chesapeake Bay Preservation Area Ordinance, Appendix B. of the Isle of Wight County Code, to Allow for Construction of a 14-Foot Wide Pedestrian/Bicycling Path on Nike Park Road. Beverly H. Walkup, Director of Planning and Zoning, presented the exception request with respect to its purpose; its primary funding source; the five criteria which must be met to qualify for an exception under the Chesapeake Bay Preservation Area Ordinance. She identified the project strengths and weaknesses and concluded with the Planning Commission’s recommendation that the request be approved, as presented. Chairman Alphin called for persons to speak in favor of or in opposition to the exception. Garrett Edwards of Nike Park Road expressed a concern that his father was not contacted in the past by a County representative regarding the development of such a bike path on his family’s 100 year-old farm in Nike Park. He stated rather than using imminent domain, the bike path trail could easily be moved across the roadway to a site that wants to build homes. He stated his and other families along this route are not being taken into consideration as there are other options that could be taken to get the bike path there. He stated he could support the bike path if he was convinced that in 20 years from now there would be a four-lane road at that site. He stated that his family is at the County’s mercy and he asked the Board not to approve the bike trail and take his family’s land. Albert Burckard of the Newport District stated the County is asking permission to violate the Chesapeake Bay Preservation Area Ordinance and he asked the Board to consider how it will be viewed by the public if the Board votes unanimously to approve this request and how such action could set a precedent. He asked the Board to give consideration to voting (3-2), the 10 two descending votes, signaling that the Board is not against the Chesapeake Bay. Bill Hertford of Waterfront Lane requested clarification whether the bike path would cross the creek and, if so, what is the proposed bridge height. Cindy Taylor, Planning Commission member, provided background information on the Chesapeake Bay Preservation Area regulations and submitted that this exception request represents exactly the type of request that was envisioned by the first Chesapeake Bay Local Assistance Board was developing its regulations. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Bailey commented that he is not in favor of building this bike path; however, if built, it should be built on the other side of the roadway and not on the proposed 500 acres of waterfront property. He stated the Edwards are prominent citizens who have contributed to the community all of their lives. Responsive to Chairman Alphin, Jamie Oliver, Transportation Planner, advised that the bridge will be at least an average of three feet higher than the existing vehicular bridge clearance up to 12 feet where it crosses the wetlands and will improve boat traffic. Chairman Alphin requested Ms. Oliver to address the stated concern that if this road is widened and the path demolished making it of no use at that time. Ms. Oliver advised that plans for the widening of the road do include the incorporation of a multi-use path to the roadside and it would be her belief that the path will either be in existence or would be refreshed as that project moves forward. Supervisor Casteen moved that the exception be granted. The motion was adopted by a vote of (4-1) with Supervisors Alphin, Darden, Jefferson and 11 Casteen voting in favor of the motion and Supervisor Bailey voting against the motion. Chairman Alphin called for a public hearing on the following: C. Ordinance – Renewal of the Longview Agricultural District and Amendment and Reenactment of Appendix D of the County Code County Attorney Popovich recommended favorable consideration of the renewal which is required by the Code of Virginia to be renewed ever ten years and will expire on June 21, 2015. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed amendment. John Butler of Woodland Drive in Windsor appeared and spoke in favor of the renewal as it preserves green land in the County. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Darden moved that the renewal of the Longview agricultural district for an additional 10 year period be approved and that the Chairman be authorized to execute the revised ordinance as presented. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin called for a public hearing on the following: D. Resolution of the Board of Supervisors of Isle of Wight County Virginia, Authorizing the Conveyance of Real Property to VDOT County Attorney Popovich presented a request from VDOT for the approval of a Quick Claim Deed in order to correct a discrepancy in recorded documents in the Circuit Court Clerk’s Office and complete the conveyance of underlying land to VDOT. 12 Chairman Alphin called for persons to speak in favor of or in opposition to the proposed amendment. No one appeared and spoke. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Casteen moved that the following Resolution be adopted and that the Chairman be authorized to execute any and all documents necessary to effectuate the conveyance of the necessary right-of-way: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY VIRGINIA, AUTHORIZING THE CONVEYANCE OF REAL PROPERTY TO THE VIRGINIA DEPARTMENT OF TRANPORTATION WHEREAS, the Virginia Department of Transportation (“VDOT”) has requested the conveyance of certain real property in fee simple in order to correct inaccuracies that have been found in the original conveyance of right- of-way along Route 621 as part of VDOT’s road improvement efforts thereon; and, WHEREAS, the Isle of Wight County Board of Supervisors has determined that it is advisable to correct said inaccuracies by quitclaim deed to VDOT of that certain portion of land in fee simple owned by the Isle of Wight County Board of Supervisors along Route 621, commonly referred to as Mill Swamp Road, for VDOT’s use in providing an improved roadway thereon; and, WHEREAS, the Isle of Wight County Board of Supervisors has determined that it is in the best interests of the residents of Isle of Wight County to grant to VDOT the requested real property and rights. NOW, THEREFORE BE IT RESOLVED by the Isle of Wight County Board of Supervisors that it has carefully and diligently investigated and considered the need and desirability for the requested property and rights and public road 13 improvements requested by VDOT and found that it is in the best interest of the residents of Isle of Wight County, Virginia and in support thereof, the Isle of Wight County of Supervisors does hereby approves the request of VDOT; and, NOW, THEREFORE, BE IT FURTHER RESOLVED that the Chairman of Isle of Wight County Board of Supervisors is hereby authorized to execute all documents necessary to effectuate this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Land Use Division for the Virginia Department of Transportation. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin called for a public hearing on the following: E. Amend and Reenact Chapter 10 – Licenses, Article II, License Tax Schedule, Sections 10-20, 10-27, 10-32 of the County Code County Attorney Popovich presented an amendment in order to clarify through the words of the Ordinance the intended purpose which was to set a dollar limit of $49,999 versus how it is currently written at $49,499. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed amendment. No one appeared and spoke. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Darden moved that the following Ordinance be adopted: 14 AN ORDINANCE TO AMEND AND REENACT CHAPTER 10, LICENSES, ARTICLE II. LICENSE TAX SCHEDULE, SECTIONS 10-20, 10-27, AND 10-32 OF THE ISLE OF WIGHT COUNTY CODE WHEREAS, the Board of Supervisors adopted an ordinance to amend and reenact Chapter 10, Licenses, Article II. License Tax Schedule, Sections 10-15, 10-20, 10-26, and 10-27, and 10-32 as part of the adopted Fiscal Year 2015-2016 Operating & Capital Budget; and, WHEREAS, the threshold for gross receipts in Sections 10-20, 10-27, and 10-32 require amendments to ensure consistency with the other sections of Chapter 10. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Isle of Wight County that Chapter 10, Licenses, Article II. License Tax Schedule, Sections 10-20, 10-27, and 10-32 of the Isle of Wight County Code are amended and reenacted as follows: Chapter 10. – Licenses, Article II. – License Tax Schedule Division 3 – Retail Sales. Sec. 10-20. - Amount of tax. The license tax on each retail merchant or other person engaged in retail sales shall be either fifty dollars when gross receipts are between four thousand dollars and forty nine four thousand nine hundred ninety nine dollars or twenty cents per one hundred dollars of gross receipts when said gross receipts are fifty thousand dollars or more, whichever is greater. (Ord. No. 2010-14-C, 9-23-10; 5-1-15; 6-18-15.) Division 6. - Financial, Real Estate and Professional Services. Sec. 10-27. - Amount of tax. The license tax on each person engaged in financial, real estate or professional services shall be either fifty dollars when gross receipts are between four thousand dollars and forty nine four thousand nine hundred ninety nine dollars or fifty eight cents per one hundred dollars of gross receipts when said gross receipts are fifty thousand dollars or more, whichever is greater. (4-21-88, § 56; 12-19-96; 5-1-15; 6-18-15.) Division 7. - Repair, Personal, Business and Other Services. 15 Sec. 10-32. - Amount of tax. The license tax on each person engaged in any repair, personal or business service or any other business, occupation or service not taxes taxed under any other division of this chapter shall be either fifty dollars when said gross receipts are between four thousand dollars and forty nine four thousand nine hundred ninety nine dollars or thirty-six cents per one hundred dollars of gross receipts when said gross receipts are fifty thousand dollars or more, whichever is greater. (4-21-88, § 66; 12-19-96; 5-1-15; 6-18-15.) BE IT FURTHER ORDAINED that the aforementioned tax rates shall be effective July 1, 2015. BE IT FURTHER ORDAINED that this Ordinance be entered in the Minutes of this Board of Supervisors and that a copy thereof by the Clerk of this Board, be furnished to the Treasurer of this County. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin called for a public hearing on the following: F. Code Corrections to Animals and Fowl, Amendment and Reenactment of Chapter 3 of the County Code County Attorney Popovich presented a complete rewrite of Chapter 3 of the County Code which was amended in order to comply with the provisions of the Code of Virginia. He advised that at the request of the County’s Animal Control Officer, he has incorporated a revision pertaining to running at large livestock which sets property line boundaries as the fence line and allows for a penalty to be fined for owners who continually allow their livestock to run at large beyond the limits of their property line. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed amendment. No one appeared and spoke. 16 Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Darden expressed a concern that the proposed language, as written, may not allow a responding officer sufficient leeway regarding the issuance of a ticket for a first offense. Chief Animal Control Officer Wilson advised that as currently written, the Ordinance does not provide Animal Control Officers any strength to prosecute repeat offenders and there are repeat offenders who his Department has attempted to work with, but not received voluntary compliance from. He added the provision also includes fowl and protects both the public and animals from entering the roadway and being hit by vehicles and associated liabilities. He advised that the Animal Control Officer investigating the circumstance has the same discretion as a Deputy with regard to whether or not a ticket is issued or a warning is appropriate in a given circumstance. Chairman Alphin moved that the Ordinance be adopted. Supervisor Darden expressed concern that her animals getting loose would be against the law and livestock owners could be taken to court as there is no exception in the law. Chairman Alphin withdrew his motion. Following advisement by County Attorney Popovich that any Ordinance can be revised at any time depending on the desire of the governing body. He stated if adopted in its current language and later issues arise concerning how the Ordinance is or is not being applied, the matter can be revisited at that time. Chief Animal Control Officer Wilson advised that the inclusion of language relating to a first or second offense does not provide his Officers with discretion. He stated there may be a reason that a first or second offense should be given discretion, but if the Code of Virginia is written for just two chances of discretion, then the Officer may have to issue a summons. 17 Supervisor Casteen commented that including a first or second offense may actually impair the discretion of the Officer to make a third discretion and he moved that the Ordinance be adopted. Supervisor Jefferson agreed that the Ordinance should contain language giving the Officer leeway on whether to issue a summons. Following discussion by the Board regarding postponing action on the Ordinance at this time so that the County Attorney can develop appropriate language to address the concerns expressed by the Board, Chief Animal Control Officer Wilson recommended that Section 3-19.D be extracted and the remaining sections of the Ordinance be adopted. Supervisor Casteen moved that the Ordinance be adopted, then revised his motion following a recommendation from Animal Control Officer Wilson to adopt the following Ordinance with the extraction of Section 3-19.D: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 3. ANIMALS AND FOWL WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, deems it necessary to update its local ordinance related to animals and fowl to conform to those provisions set forth in the Code of Virginia (1950, as amended); NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 3. Animals and Fowl be amended and reenacted as follows: CHAPTER 3. - ANIMALS AND FOWL.* *Prior ordinance history: Ords. dated 2-16-84, 6-6-85, 7-2-87, 3-17-88, 6-16- 88, 9-21-89, 4-5-90, 2-17-94, 7-15-99 and 12-16-99. Article I. - In General. Sec. 3-1. - Definitions. 18 The following words as used in this chapter shall have the following meanings: Abandon.\To desert, forsake, or absolutely give up an animal without having secured another owner or custodian for the animal or by failing to provide the elements of basic care, as set forth in Section 3-8, for a period of five (5) consecutive days. Adequate care or care.\The responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health. Adequate confinement.\That, while on the property of its owner and not under the direct supervision and control of the owner or custodian, a hybrid canine shall be confined in a humane manner in a securely enclosed and locked structure of sufficient height and design to: (i) prevent the animal's escape; or if the hybrid canine is determined to be a dangerous dog pursuant to Section 3-24, the structure shall prevent direct contact with any person or animal not authorized by the owner to be in direct contact with the hybrid canine; and (ii) provide a minimum of one hundred square feet of floor space for each adult animal. Tethering of a hybrid canine not under the direct supervision and control of the owner or custodian shall not be considered adequate confinement. Adequate exercise or exercise. The opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal. Adequate feed.\Access to and the provision of food that is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition 19 of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species. Adequate shelter.\Provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors: (i) permit animals' feet to pass through the openings; (ii) sag under the animals' weight; or (iii) otherwise do not protect the animals' feet or toes from injury are not adequate shelter. Adequate space.\Sufficient space to allow each animal to: (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal; and (ii) interact safely with other animals in the enclosure. When an animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space. Adequate water.\Provision of and access to clean, fresh, potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and at suitable intervals appropriate for the weather and temperature, but at least once every twelve (12) hours, to maintain normal hydration for 20 the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles which are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with the generally accepted husbandry practices. Adoption.\The transfer of ownership of a dog or cat, or any other companion animal, from a releasing agency to an individual. Agricultural animals.\All livestock and poultry. Ambient temperature.\The temperature surrounding the animal. Animal.\Any nonhuman vertebrate species except fish. For the purposes of Section 3-25, "animal" means any species susceptible to rabies. For the purposes of Section 3-29, "animal" means any nonhuman vertebrate species including fish except those fish captured and killed or disposed of in a reasonable and customary manner. Animal control officer.\A person appointed as an animal control officer or deputy animal control officer as provided in Section 3-2. Animal shelter.\A facility, other than a private residential dwelling and its surrounding grounds, that is used to house or contain animals and that is owned, operated, or maintained by a nongovernmental entity including, but not limited to, a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other organization operating for the purpose of finding permanent adoptive homes for animals. Boarding establishment.\A place or establishment other than a public or private animal shelter where companion animals not owned by the proprietor are sheltered, fed, and watered in exchange for a fee. Collar.\A well-fitted device, appropriate to the age and size of the animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal. 21 Commercial dog breeder.\Any person who, during any 12-month period, maintains 30 or more adult female dogs for the primary purpose of the sale of their offspring as companion animals. Companion animal.\Any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter. Consumer.\Any natural person purchasing an animal from a dealer or pet shop or hiring the services of a boarding establishment. The term "consumer" shall not include a business or corporation engaged in sales or services. Dealer.\Any person who in the regular course of business for compensation or profit buys, sells, transfers, exchanges, or barters companion animals. The following shall not be considered dealers: (i) any person who transports companion animals in the regular course of business as a common carrier; or (ii) any person or organization whose primary purpose is to find permanent adoptive homes for companion animals. Direct and immediate threat.\Any clear and imminent danger to an animal's health, safety, or life. Dump.\To knowingly desert, forsake, or absolutely give up without having secured another owner or custodian any dog, cat or other companion animal in any public place including the right-of-way of any public highway, road or street or on the property of another. Emergency veterinary treatment.\Veterinary treatment to stabilize a life- threatening condition, alleviate suffering, prevent further disease transmission, or prevent further disease progression. 22 Enclosure.\A structure used to house or restrict animals from running at large. Euthanasia.\The humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during such loss of consciousness. Exhibitor.\Any person who has animals for or on public display, excluding an exhibitor licensed by the United States Department of Agriculture. Facility.\A building or portion thereof as designated by the State Veterinarian, other than a private residential dwelling and its surrounding grounds, that is used to contain a primary enclosure or enclosures in which animals are housed or kept. Foster care provider.\A person who provides care or rehabilitation for companion animals through an affiliation with a public or private animal shelter, home-based rescue, releasing agency, or other animal welfare organization. Foster home.\A private residential dwelling and its surrounding grounds, or any facility other than a public or private animal shelter, at which site through an affiliation with a public or private animal shelter, home-based rescue, releasing agency, or other other animal welfare organization care or rehabilitation is provided for companion animals. Groomer.\Any person who, for a fee, cleans, trims, brushes, makes neat, manicures, or treats for external parasites any animal. Home-based rescue.\An animal welfare organization that takes custody of companion animals for the purpose of facilitating adoption and houses such companion animals in a foster home or a system of foster homes. Humane.\Any action taken in consideration of and with the intent to provide for the animal's health and well-being. 23 Humane investigator.\A person who has been appointed by a circuit court as a humane investigator as provided in Section 3.2-6558 of the Code of Virginia (1950, as amended). Humane society.\Any incorporated, nonprofit organization that is organized for the purposes of preventing cruelty to animals and promoting humane care and treatment or adoptions of animals. Hybrid canine.\Any animal that is or can be demonstrated to be a hybrid of the domestic dog and other species of the Canidae family; that at any time has been permitted, registered, licensed, or advertised as such by its owner to a licensed veterinarian, law-enforcement officer, animal control officer, humane investigator, official of the Department of Health or State Veterinarian’s representative. Kennel.\Any establishment in which five (5) or more canines, felines, or hybrids of either are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling, or showing. Law-enforcement officer.\Any person who is a full-time or part-time employee of a police department or sheriff's office that is part of or administered by the Commonwealth or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth. Part-time employees are compensated officers who are not full-time employees as defined by the employing police department or sheriff's office. Livestock.\Includes all domestic or domesticated: bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus Lama; ratites; fish or shellfish in aquaculture facilities, as defined in Section 3.2-2600 of the Code of Virginia (1950, as amended); enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals. New owner.\An individual who is legally competent to enter into a binding agreement and who adopts or receives a dog or cat from a releasing agency or pet shop. 24 Other officer.\Includes all other persons employed or elected by the people of Virginia, or by any municipality, county, or incorporated town thereof, whose duty it is to preserve the peace, to make arrests, or to enforce the law. Owner.\Any person who: (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal. Person.\Any individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity. Pet shop.\An establishment where companion animals are bought, sold, exchanged, or offered for sale or exchange to the general public. Poultry.\Includes all domestic fowl and game birds raised in captivity. Primary enclosure.\Any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment, or hutch. For tethered animals, the term includes the shelter and the area within reach of the tether. Private animal shelter.\A facility that is used to house or contain animals and that is owned or operated by an incorporated, nonprofit, and nongovernmental entity, including a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other organization operating for the purpose of finding permanent adoptive homes for animals. Properly cleaned.\That carcasses, debris, food waste and excrement are removed from the primary enclosure with sufficient frequency to minimize the animals' contact with the above-mentioned contaminants; the primary enclosure is sanitized with sufficient frequency to minimize odors and the hazards of disease; and the primary enclosure is cleaned so as to prevent the animals confined therein from being directly or indirectly sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals or disinfectants. 25 Properly lighted.\When referring to a facility, means sufficient illumination to permit routine inspections, maintenance, cleaning, and housekeeping of the facility, and observation of the animals; to provide regular diurnal lighting cycles of either natural or artificial light, uniformly diffused throughout the facility; and to promote the well-being of the animals. "Properly lighted," when referring to a private residential dwelling and its surrounding grounds, means sufficient illumination to permit routine maintenance and cleaning thereof, and observation of the companion animals; and to provide regular diurnal lighting cycles of either natural or artificial light to promote the well- being of the animals. Public animal shelter.\A facility operated by the Commonwealth, or any locality, for the purpose of impounding or sheltering seized, stray, homeless, abandoned, unwanted, or surrendered animals or a facility operated for the same purpose under a contract with any locality. Releasing agency.\A public animal shelter or a private animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to animals, or other similar entity or home-based rescue, that releases companion animals for adoption. Research facility.\Any place, laboratory, or institution licensed by the U.S. Department of Agriculture at which scientific tests, experiments, or investigations involving the use of living animals are carried out, conducted, or attempted. Responsible ownership.\The ownership and humane care of a hybrid canine in such a manner as to comply with all laws and ordinances regarding hybrid canines and prevent endangerment by the animal to public health and safety. Sanitize.\To make physically clean and to remove and destroy, to a practical minimum, agents injurious to health. Sore.\When referring to an equine, that an irritating or blistering agent has been applied, internally or externally, by a person to any limb or foot of an equine; any burn, cut, or laceration that has been inflicted by a person to any 26 limb or foot of an equine; any tack, nail, screw, or chemical agent that has been injected by a person into or used by a person on any limb or foot of an equine; any other substance or device that has been used by a person on any limb or foot of an equine; or a person has engaged in a practice involving an equine, and as a result of such application, infliction, injection, use, or practice, such equine suffers, or can reasonably be expected to suffer, physical pain or distress, inflammation, or lameness when walking, trotting, or otherwise moving, except that such term does not include such an application, infliction, injection, use, or practice in connection with the therapeutic treatment of an equine by or under the supervision of a licensed veterinarian. Notwithstanding anything contained herein to the contrary, nothing shall preclude the shoeing, use of pads, and use of action devices as permitted by 9 C.F.R. Part 11.2. State veterinarian.\The veterinarian employed by the Commissioner of Agriculture and Consumer Services as provided in Section 3.2-5901 of the Code of Virginia (1950, as amended). State veterinarian's representative.\An employee of the Department of Agriculture and Consumer Services who is under the direction of the state veterinarian. Sterilize or sterilization.\A surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing. Treasurer.\Includes the treasurer and his or her assistants of Isle of Wight County, Virginia or other officer designated by law to collect taxes in Isle of Wight County. Treatment or adequate treatment.\The responsible handling or transportation of animals in the person's ownership, custody or charge, appropriate for the age, species, condition, size and type of the animal. Veterinary treatment.\Treatment by or on the order of a duly licensed veterinarian. 27 Weaned.\An animal that is capable of and physiologically accustomed to ingestion of solid food or food customary for the adult of the species, and has ingested such food, without nursing, for a period of at least five (5) days. (11- 18-04;-----.) (STATE LAW REFERENCE—Sec. 3.2-6500 of the Code of Virginia (1950, as amended).) Sec. 3-2. – Duties and authority of animal control officers. (a) By authority of the Board of Supervisors, the county shall employ an animal control officer and one (1) or more deputy animal control officers who shall have the power to enforce this entire chapter and all state laws enacted for animal control and protection. (b) The animal control officer and deputy animal control officers shall have a working knowledge of this chapter and of animal control and protection laws of the Commonwealth of Virginia which they are required to enforce. When in uniform or upon displaying a badge or other credentials of office, the animal control officers and deputy animal control officers shall have the power to issue a summons or obtain a felony warrant as necessary, providing the execution of such warrant shall be carried out by any law enforcement officer as more specifically defined in Section 9.1-101 of the Code of Virginia (1950, as amended), to any person found in the act of violating any such law or any ordinance enacted pursuant to such law of the county. (c) Nothing in this section shall be construed to prevent the issuance of a warrant for any violation of this chapter based upon the complaint of any citizen or any law enforcement officer and upon a finding of probable cause by an officer authorized to issue arrest warrants generally. (d) No individual shall interfere with an animal control officer in the legal performance of his or her duties. This includes, but is not limited to, striking or attempting to strike the animal control officer; providing the animal control officer with false information; taking or attempting to take any animal from an animal control officer in the legal performance of his or her duties; 28 taking or attempting to take any animal from any property owned or controlled by the county without proper authority or taking or damaging any county property used in conjunction with the animal control officer’s duties. (e) It shall be unlawful and shall constitute a Class 2 misdemeanor for any person to make a false statement to an animal control officer while in the performance of their duties conducting an investigation. (STATE LAW REFERENCE—Sec. 3.2-6555 of the Code of Virginia (1950, as amended).) Sec. 3-3. - Care of animals by owner; penalty. (a) Each owner shall provide for each of his companion animals: (1) Adequate feed; (2) Adequate water; (3) Adequate shelter that is properly cleaned; (4) Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species, and weight; (5) Adequate exercise; (6) Adequate care, treatment, and transportation; and (7) Veterinary care when needed or to prevent suffering or disease transmission. The provisions of this section shall also apply to every public or private animal shelter, or other releasing agency, and every foster care provider, dealer, pet shop, exhibitor, kennel, groomer, and boarding establishment. This section shall not require that animals used as food for other animals be euthanized. (b) Game and wildlife species shall be cared for in accordance with regulations promulgated by the Board of Game and Inland Fisheries. (c) Violation of this section is a class 4 misdemeanor. A second or subsequent violation of Section 3-3(a)(1), (2), (3), or (7) is a Class 2 misdemeanor and a second or subsequent violation of Section 3-3(a)(4), (5), or (6) is a Class 3 misdemeanor. (11-18-04;----.) 29 (STATE LAW REFERENCE—Sec. 3.2-6503 of the Code of Virginia (1950, as amended).) Sec. 3-4. - Transporting animals; requirements; penalty. No owner, railroad or other common carrier when transporting any animal shall allow that animal to be confined in any type of conveyance more than twenty-four (24) consecutive hours without being exercised, properly rested, fed and watered as necessary for that particular type and species of animal. A reasonable extension of this time shall be permitted when an accident, storm or other act of God causes a delay. Adequate space in the primary enclosure within any type of conveyance shall be provided each animal depending upon the particular type and species of animal. No person shall import into the Commonwealth, nor export from the Commonwealth, for the purpose of sale or offering for sale any dog or cat under the age of eight weeks without its dam. Violations of this section shall be punishable as a Class 1 misdemeanor. (11-18-04;-----.) (STATE LAW REFERENCE—Sec. 3.2-6508 of the Code of Virginia (1950, as amended).) Sec. 3-5. - Sale, etc., of unweaned or certain immature animals prohibited; vaccinations required for dogs and cats; penalty. (a) No person shall sell, raffle, or offer for sale as pets or novelties, or offer or give as a prize, premium, or advertising device any living chicks, ducklings, or other fowl under two (2) months old in quantities of less than six (6) or any unweaned mammalian companion animal or any dog under the age of seven (7) weeks without its dam, or any cat under the age of seven (7) weeks, without its queen. Dealers may offer immature fowl, unweaned mammalian companion animals, dogs or cats under the age of seven (7) weeks for sale as pets or novelties with the requirement that prospective owners take possession of the animals only after fowl have reached two (2) months of age, mammalian companion animals have been weaned, and dogs and cats are at least seven (7) weeks of age. Nothing in this section shall prohibit the sale, gift, or transfer of an unweaned animal: (i) as food for other animals; (ii) with the lactating dam or queen or a lactating surrogate dam or 30 queen that has accepted the animal; (iii) due to a concern for the health or safety of the unweaned animal; or (iv) to animal control, a public or private animal shelter, or a veterinarian. (b) Dealers shall provide all dogs and cats with current vaccinations against contagious and infectious diseases, as recommended in writing and considered appropriate for the animal's age and breed by a licensed veterinarian, or pursuant to written recommendations provided by the manufacturer of such vaccines at least five (5) days before any new owner takes possession of the animal. For dogs, the vaccinations required by this subsection shall include at a minimum canine distemper, adenovirus type II parainfluenza, and parvovirus. For cats, the vaccinations required by this subsection shall include at a minimum rhinotracheitis, calicivirus, and panleukopenia. Dealers shall provide the new owner with the dog's or cat's immunization history. (c) Violation of this section is punishable as a Class 3 misdemeanor. (11- 18-04;----.) (STATE LAW REFERENCE—Sec. 3.2-6510 of the Code of Virginia (1950, as amended).) Sec. 3-6. - Failure of dealer or pet shop to provide adequate care, etc.; penalty. Any dealer or pet shop that fails to adequately house, feed, water, exercise or care for animals in his or its possession or custody as provided for under this chapter shall be guilty of a Class 3 misdemeanor. Such animals shall be subject to seizure and impoundment, and upon conviction of such person the animals may be sold, euthanized, or disposed of as provided by Section 3-22 for licensed, tagged, or tattooed animals. Such failure shall also constitute grounds for revocation of a permit or certificate of registration after public hearing. Any funds that result from such sale shall be used first to pay the costs of Isle of Wight County for the impoundment and disposition of the animals, and any funds remaining shall be paid to the owner, if known. If the owner is not found, the remaining funds shall be paid into the Literary Fund of the Commonwealth of Virginia. (11-18-04;----.) 31 (STATE LAW REFERENCE—Sec. 3.2-6511 of the Code of Virginia (1950, as amended).) Sec. 3-7. - Misrepresentation of animal's condition; penalties. No person shall misrepresent the physical condition of any animal at the animal's sale, trade, delivery, or other method of transfer. For the purpose of this section, misrepresentation shall include selling, trading, delivering or otherwise transferring an animal to another person with the knowledge that the animal has an infection, communicable disease, parasitic infestation, abnormality or other physical defect that is not made known to the person receiving the animal. However, sale of an agricultural animal that has external or internal parasites that are not made known to the person receiving the animal shall not be a violation of this section unless the animal is clinically ill or debilitated due to such parasites at the time of sale, trade, delivery or transfer of the animal. Violation of this section shall be punishable as a Class 3 misdemeanor. (11-18-04;----.) (STATE LAW REFERENCE—Sec. 3.2-6509 of the Code of Virginia (1950, as amended).) Sec. 3-8. - Abandonment of animal; penalty. No person shall abandon or dump any animal. Violation of this section is a Class 3 misdemeanor. Nothing in this section shall be construed to prohibit the release of an animal by its owner to a public or private animal shelter, or other releasing agency. (11-18-04;-----.) (STATE LAW REFERENCE—Sec. 3.2-6504 of the Code of Virginia (1950, as amended).) Article II. - Dogs and Cats. Division 1. - Licensing Generally. Sec. 3-9. - Pet shop/dealer. Any person operating a pet shop or operating as a dealer in companion animals shall obtain a permit. The fee for said permit shall be as set forth in 32 Uniform Fee Schedule adopted by the Board of Supervisors, as it may be amended from time to time. The county may refuse to issue or after issuance may revoke such permit for fraudulent practices or inhumane treatment of the animals dealt with by the permittee. Operating a pet shop or operating as a dealer in companion animals without having obtained such a permit from the county shall be a Class 3 misdemeanor. (11-18-04; 5-1-14;-----.) (STATE LAW REFERENCE—Sec. 3.2-6537 of the Code of Virginia (1950), as amended.) Sec. 3-10. - Unlicensed dogs and cats prohibited. It shall be unlawful for any person, other than a releasing agency that has registered as such annually with animal control, to own a dog or cat four months old or older unless such dog or cat is licensed as required by the provisions of this chapter. (11-18-04;------.) (STATE LAW REFERENCE—Sec. 3.2-6524 of the Code of Virginia (1950, as amended).) Sec. 3-11. - How to obtain a license. Any person who resides in Isle of Wight County may obtain a dog license or cat license by making oral or written application to the Treasurer of the county, accompanied by the amount of license tax and current certificate of vaccination as required by this chapter or satisfactory evidence that such certificate has been obtained. The Treasurer or other officer charged with the duty of issuing dog and cat licenses shall only have authority to license dogs and cats of resident owners or custodians who reside within the boundary limits of this county and may require information to this effect from any applicant. Upon receipt of proper application and current certificate of vaccination as required by this chapter or satisfactory evidence that such certificate has been obtained, the Treasurer or other officer charged with the duty of issuing dog and cat licenses shall issue a license receipt for the amount on which he shall record the name and address of the owner or custodian, the date of payment, the year for which issued, the serial number of the tag, whether dog or cat, whether male or female, spayed or neutered, or whether a kennel, and deliver the metal license tags or plates provided for 33 herein. The information thus received shall be retained by the Treasurer, open to public inspection, during the period for which such license is valid. The Treasurer may establish substations in convenient locations in the county and appoint agents for the collection of the license tax and issuance of such licenses. (11-18-04;-----.) (STATE LAW REFERENCE—Sec. 3.2-6527 of the Code of Virginia (1950, as amended).) Sec. 3-12. - Amount of license tax. (a) The amount of the license tax for dogs and/or cats shall be as follows: (1) Spayed or neutered dog or cat (1 year tag) .....$7.00; (2) Spayed or neutered dog or cat (3 year tag) .....$20.00; (3) Unspayed/neutered dog or cat (1 year tag) .....$10.00; (4) Unspayed/neutered dog or cat (3 year tag) .....$30.00; (5) Kennel, for 10-19 dogs .....$35.00; (6) Kennel, 20-29 dogs .....$40.00; (7) Kennel, 30-39 dogs .....$45.00; and (8) Kennel, 40-50 dogs .....$50.00. (b) If a license tag is lost, a duplicate tag may be issued at a cost of one dollar in accordance with Section 3-17. (c) No license tax shall be levied on any dog that is trained and serves as a guide dog for a blind person, that is trained and serves as a hearing dog for a deaf or hearing-impaired person or that is trained and serves as a service dog for a mobility-impaired person. As used in this section, "hearing dog" means a dog trained to alert its owner by touch to sounds of danger and sounds to which the owner should respond and "service dog" means a dog trained to accompany its owner for the purpose of carrying items, retrieving objects, pulling a wheelchair or other such activities of service or support. (11-18-04; 5-1-14;--------.) (STATE LAW REFERENCE—Sec. 3.2-6528 of the Code of Virginia (1950, as amended).) 34 Sec. 3-13. - Evidence showing inoculation for rabies prerequisite to obtaining dog or cat license; rabies clinics. No license tag shall be issued for any dog or cat unless there is presented, to the Treasurer or other officer of the county charged by law with the duty of issuing license tags for dogs and cats at the time application for license is made, evidence satisfactory to him showing that such dog or cat has been inoculated or vaccinated against rabies by a currently licensed veterinarian or currently licensed veterinary technician who was under the immediate and direct supervision of a licensed veterinarian on the premises. (11-18-04;-----.) (STATE LAW REFERENCE—Sec. 3.2-6526(B) of the Code of Virginia (1950, as amended).) Sec. 3-14. - When license tax payable. (a) On January 1 and not later than January 31 of each year, the owner of any dog or cat four months old or older shall pay a license tax as prescribed in section 3-11 of this chapter. (b) If a dog or cat becomes four months of age or comes into the possession of any person between January 1 and November 1 of any year, the license tax for the current calendar year shall be paid by the owner. (c) If a dog or cat becomes four months of age or comes into the possession of any person between October 31 and December 31 of any year, the license tax for the succeeding calendar year shall be paid by the owner and this license shall be valid from the date the license is purchased. (11-18- 04.) Sec. 3-15. - Effect of dog or cat not wearing collar as evidence. Any dog or cat not wearing a collar bearing a license tag of the proper calendar year shall prima facie be deemed to be unlicensed, and in any proceedings under this chapter the burden of proof of the fact that such dog 35 or cat has been licensed, or is otherwise not required to bear a tag at the time, shall be on the owner of the dog or cat. (11-18-04.) (STATE LAW REFERENCE—Sec. 3.2-6533 of the Code of Virginia (1950, as amended).) Sec. 3-16. - What a dog or cat license shall consist of. A dog or cat license shall consist of a license receipt and a metal tag. The tag shall be stamped or otherwise permanently marked to show the jurisdiction issuing the license and the calendar year for which issued and bear a serial number. The tag may be stamped or otherwise marked to show the sex of the dog or cat. (11-18-04.) (STATE LAW REFERENCE—Sec. 3.2-6526(A) of the Code of Virginia (1950, as amended).) Sec. 3-17. - Duplicate license tags. If a dog or cat license tag is lost, destroyed or stolen, the owner or custodian shall at once apply to the Treasurer or his agent who issued the original license for a duplicate license tag, presenting the original license receipt. Upon affidavit of the owner or custodian before the Treasurer or his agent that the original license tag has been lost, destroyed or stolen, he shall issue a duplicate license tag which the owner or custodian shall immediately affix to the collar of the dog. The Treasurer or his agent shall endorse the number of the duplicate and the date issued on the face of the original license receipt. The fee for a duplicate tag for any dog or cat shall be one dollar. (11-18-04;-- --.) (STATE LAW REFERENCE—Sec. 3.2-6532 of the Code of Virginia (1950, as amended).) Sec. 3-18. - Displaying receipts; dogs to wear tags. Dog and cat license receipts shall be carefully preserved by the licensees and exhibited promptly on request for inspection by any animal control officer or 36 other officer. Dog license tags shall be securely fastened to a substantial collar by the owner or custodian and worn by such dog. It shall be unlawful for the owner to permit any licensed dog four (4) months old or older to run or roam at large at any time without a license tag. The owner of the dog may remove the collared and license tag required by this section when: (i) the dog is engaged in lawful hunting; (ii) the dog is competing in a dog show; (iii) the dog has a skin condition which would be exacerbated by the wearing of a collar; (iv) the dog is confined; or (v) the dog is under the immediate control of its owner. (11-18-04;-----.) (STATE LAW REFERENCE—Sec. 3.2-6532 of the Code of Virginia (1950, as amended).) Division 2. - Running at Large Generally. Sec. 3-19. - Running at large prohibited within certain zoned areas; "at large" defined; responsibility of owners or custodians. (a) For the purposes of section, "at large" shall be taken to mean off the premises of the owner and not under the immediate control of the owner, his agent or the custodian of the dog, by a leash, cord or chain; provided that, a dog shall not be considered "at large" if, during the hunting season, it is on a bona fide hunt, in the company of a licensed hunter or during field trials of training periods when accompanied by its owner or custodian. (b) It shall be unlawful for the owner or custodian of any dog to allow such dog to run at large at any time within any area in the county other than those districts zoned Rural Agricultural Conservation. This exception does not apply to designated mobile home parks and/or trailer parks in Rural Agricultural Conservation Districts nor in the Rushmere Shores Subdivision. It is further, unlawful, for the owner or custodian of any dog to allow such dog to run at large on any garbage collection sites or any other publicly owned property in the County of Isle of Wight. (c) It shall be the responsibility of owners or custodians of dogs residing within the Rural Agricultural Conservation Districts of the county to control 37 such dogs to prohibit them from roaming in the other areas covered by this section. (11-18-04;------.) (STATE LAW REFERENCE—Sec. 3.2-6538 and Sec. 55-310 et seq. of the Code of Virginia (1950, as amended).) Sec. 3-20. - Female dogs or cats in season. It shall be unlawful for the owner of any female dog or cat to permit such dog or cat to stray from his premises while such dog or cat is known to such owner to be in season. (11-18-04.) (STATE LAW REFERENCE—Sec. 3.2-6543 of the Code of Virginia (1950, as amended).) Division 3. - Impoundment and Disposition. Sec. 3-21. - Duty to impound; animal reclaimable with proof of ownership and fee payment. Any dog or cat found running at large shall be apprehended and placed in the public animal shelter for safekeeping and may be reclaimed by the owner or custodian, upon showing satisfactory proof that he or she is the owner or custodian of such dog or cat and upon payment of such impoundment and board fees as set forth in the Uniform Fee Schedule adopted by the Board of Supervisors of Isle of Wight County, Virginia, as it may be amended from time to time. (11-18-04;------.) (STATE LAW REFERENCE—Sec. 3.2-6546 of the Code of Virginia (1950, as amended).) Sec. 3-22. - Confinement and disposition of animals. (a) Any animal which has been confined in the public animal shelter pursuant to this section shall be kept for a period not less than five (5) days, such period to commence on the day immediately following the day the 38 animal is initially confined in the facility, unless sooner claimed by the rightful owner thereof. (b) The operator or custodian of the pound shall make a reasonable effort to ascertain if the animal has a collar, tag, license, tattoo, or other form of identification. If such identification is found on the animal, the animal shall be held for an additional five (5) days, unless sooner claimed by the rightful owner. If the rightful owner of the animal can be readily identified, the operator or custodian of the public animal shelter shall make a reasonable effort to notify the owner of the animal's confinement within the next forty- eight (48) hours following its confinement. If any companion animal confined pursuant to this section is claimed by its rightful owner, such owner will be charged an impound/pickup and a kennel fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended. If any other animal confined pursuant to this section is claimed by its rightful owner, such owner may be charged with the actual expenses incurred in keeping the animal impounded. The owner of any animal confined pursuant to this section may also be charged with the actual expenses of any veterinary care rendered while the animal was in the custody of Isle of Wight County. (c) If an animal confined pursuant to this section has not been claimed upon expiration of the appropriate holding period as provided by subsection (a) or (b) herein, it shall be deemed abandoned and become the property of the public animal shelter. Such animal may be euthanized in accordance with the methods approved by the State Veterinarian or disposed of by the methods set forth in subsections (1) through (5) below. No shelterd shall release more than two (2) animals or a family of animals during any 30-day period to any one person under subsections (2), (3), or (4). (1) Release to any humane society, public or private animal shelter, or other releasing agency within the Commonwealth, provided that each humane society, public or private animal shelter, or other releasing agency obtains a signed statement from each of its directors, operators, staff, or animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment and updates such statements as changes occur; 39 (2) Adoption by a resident of Isle of Wight County and who will pay the required adoption fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the board of supervisors, as it may be amended, on such animal, agrees to have the animal sterilized in accordance with the provisions of Section 3.2-6574 of the Code of Virginia (1950, as amended), and provided that such resident has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment; (3) Adoption by a resident of an adjacent political subdivision of the Commonwealth and who will agree to have the animal sterilized in accordance with the provisions of Section 3.2-6574 of the Code of Virginia (1950, as amended), and provided that such resident has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment; (4) Adoption by any other person, provided that such person has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment, and provided that no animal may be adopted by any person who is not a resident of the county or of an adjacent political subdivision, unless the animal is first sterilized, and the public animals shelter may require that the sterilization be done at the expense of the person adopting the animal; or (5) Release for the purposes of adoption or euthanasia only, to an animal shelter, or any other releasing agency located in and lawfully operating under the laws of another state, provided that such animal shelter, or other releasing agency: (i) maintains records that would comply with the provisions of Section 3.2-6557 of the Code of Virginia (1950, as amended); (ii) requires that adopted dogs and cats be sterilized; (iii) obtains a signed statement from each of its directors, operators, staff, and animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment, and updates such statement as changes occur; and (iv) has provided to the public or private animal shelter, or other releasing agency within the Commonwealth a statement signed by an authorized representative specifying the entity's compliance with clauses (i) through (iii), and the 40 provisions of adequate care and performance of humane euthanasia, as necessary, are in accordance with the provisions of this chapter. (d) For purposes of recordkeeping, release of an animal by a private animal shelter to a public or private animal shelter or other releasing agency shall be considered a transfer and not an adoption. If the animal is not first sterilized, the responsibility for sterilizing the animal transfers to the receiving entity. (e) No provision herein shall prohibit the immediate euthanasia of a critically injured, critically ill, or unweaned animal for humane purposes. Any animal euthanized pursuant to the provisions of this chapter shall be euthanized by one of the methods prescribed or approved by the State Veterinarian. (f) Nothing in this section shall be construed to prohibit confinement of other companion animals in such a public animal shelter. For the purposes of this section, the term "animal" shall not include agriculture animals. (11-18-04; 5-1-14;----.) (STATE LAW REFERENCE—Sec. 3.2-6546 of the Code of Virginia (1950, as amended).) Sec. 3-23. - Adoption of hunting dogs. In addition to the foregoing provisions of Section 3-22, a person who wishes to adopt a dog of hunting breed extraction may do so for the same fees and sterilization requirements required under Section 3-22; provided, that such person agrees to retain the dog for at least twenty-one (21) days, putting a collar and name tag on the dog immediately; provided, further, that during the twenty-one days, such person may test the dog to determine if such dog will "hunt," and if such dog will not "hunt," such person may return the dog to the public animal shelter for a full refund; provided, further, that during the twenty-one-day trial period, such person agrees to be fully and legally responsible for any damage such dog might do, including the killing or injuring of livestock and/or fowl; and provided, further, that such person must agree not to sell the dog for a period of one (1) year and that, during the one- 41 year period, if the person finds that the dog does not meet his/her needs, the person shall return the dog to the public animal shelter but, after the initial days, will not be entitled to any refund for money paid to the county. (11-18- 04;-----.) Division 4. - Dangerous or Vicious Dogs. Sec. 3-24. - Control of dangerous or vicious dogs. (a) As used in this section, "dangerous dog" means a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat, or killed a companion animal that is a dog or cat. When a dog attacks or bites a companion animal that is a dog or cat, the attacking or biting dog shall not be deemed dangerous: (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the dog or cat as a result of the attack or bite; (ii) both animals are owned by the same person; (iii) if such attack occurs on the property of the attacking or biting dog’s owner or custodian; or (iv) for other good cause as determined by the court. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on a dog or cat while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. "Vicious dog" means a canine or canine crossbreed that has: (i) killed a person; (ii) inflicted serious injury to a person; or (iii) continued to exhibit the behavior that resulted in a previous finding by a court or an animal control officer pursuant to the provisions of subsection (k), that it is a dangerous dog, provided that its owner has been given notice of that finding. (b) Any animal control officer who has reason to believe that a canine or canine crossbreed within the county is a dangerous or vicious dog shall apply to a magistrate serving the county for the issuance of a summons requiring the owner or custodian, if known, to appear before the General District Court in Isle of Wight County. The summons shall advise the owner of the nature of the proceeding and the matters at issue. If a law-enforcement officer successfully makes an application for the issuance of a summons, he shall contact the animal control officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is dangerous or vicious. The animal control officer shall confine the animal until such time 42 as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with the provisions of this division. Further, if the court, upon finding the animal to be a dangerous dog, may order the owner to pay restitution for actual damages to any person injured by the animal or whose companion animal was injured or killed by the animal and may, at the court’s discretion, also order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animal is taken into custody until such time as the animal is disposed of or returned to the owner. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of Section 3.2-6562 of the Code of Virginia (1950, as amended). (c) No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed, nor shall ownership of a particular breed of canine or canine crossbreed be prohibited. No animal shall be found to be a dangerous dog or vicious dog if the threat, injury or damage was sustained by a person who was: (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian; (ii) committing, at the time, a willful trespass or other tort upon the premises occupied by the animal's owner or custodian; or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous or vicious dog. No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner or owner's property, shall be found to be a dangerous or vicious dog. (d) The owner of any animal found to be a dangerous dog shall, within forty-five (45) days of such finding, obtain a dangerous dog registration 43 certificate from the local animal control officer for a fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the board of supervisors, as it may be amended, in addition to other fees that may be authorized by law. The local animal control officer shall also provide the owner with a uniformly designed tag that identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. All certificates obtained pursuant to this subsection shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained. (e) All certificates or renewals thereof required to be obtained under this section shall only be issued to persons eighteen years of age or older who present satisfactory evidence: (i) of the animal's current rabies vaccination, if applicable; (ii) that the animal has been neutered or spayed; (iii) that the owner has liability insurance coverage, to the value of at least one hundred thousand dollars, that covers animal bites; and (iv) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed. In addition, owners who apply for certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that: (i) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property; and (ii) the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation. (f) While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. The structure shall be designed to provide the animal with shelter from the elements of nature. When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal. 44 (g) If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this section. (h) After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, notify the local animal control authority if the animal: (i) is loose or unconfined; (ii) bites a person or attacks another animal; (iii) is sold, given away, or dies; or (iv) has been moved to a different address. (i) The owner of any animal which has been found to be a dangerous dog who willfully fails to comply with the requirements of this section shall be guilty of a Class 1 misdemeanor. (j) All fees collected pursuant to this section, less the costs incurred by the animal control authority in producing and distributing the certificates and tags required by this division, shall be paid into a special dedicated fund in the Isle of Wight County treasury for the purpose of paying the expenses of any animal control officer training required under Section 3.2-6556 of the Code of Virginia (1950, as amended). (k) Notwithstanding the provisions of subsection (c) of this section, any animal control officer may determine, after investigation, whether a dog is a dangerous dog. If the animal control officer determines that a dog is a dangerous dog, he may order the animal's owner to comply with the provisions of this chapter. If the animal's owner disagrees with the animal control officer's determination, he may appeal the determination to the general district court for a trial on the merits. (11-18-04; 5-1-14.) (STATE LAW REFERENCE—Sec. 3.2-6540 and 3.2-6540.1 of the Code of Virginia (1950, as amended).) Division 5. - Rabies Control Generally. Sec. 3-25. - Declaration of rabies emergencies; disposition of animals suspected as rabid. 45 (a) When there is sufficient reason to believe that the risk of exposure to rabies is elevated, the Board of Supervisors may enact an emergency ordinance that shall become effective immediately upon passage, requiring owners of all dogs and cats therein to keep the same confined on their premises unless leashed under restraint of the owner in such a manner that persons or animals will not be subject to the danger of being bitten by a rabid animal. Any such emergency ordinance enacted pursuant to the provisions of this section shall be operative for a period not to exceed thirty (30) days unless renewed by the Board of Supervisors. The Board of Supervisors shall also have the power and authority to pass ordinances restricting the running at large of dogs and cats which have not been inoculated or vaccinated against rabies and to provide penalties for the violation thereof. (b) Dogs or cats showing active signs of rabies or suspected of having rabies that is not known to have exposed a person, companion animal, or livestock to rabies shall be confined under competent observation for such a time as may be necessary to determine a diagnosis. If confinement is impossible or impracticable, such dog or cat shall be euthanized by one of the methods approved by the State Veterinarian as provided in Section 3.2-6562 of the Code of Virginia (1950, as amended). (c) Every person having knowledge of the existence of an animal that is suspected to be rabid and that may have exposed a person, companion animal, or livestock to rabies shall report immediately to the local health department the existence of such animal, the place where seen, the owner's name, if known, and the symptoms suggesting rabies. (d) Any dog or cat, for which no proof of current rabies vaccination is available, and that may have been exposed to rabies through a bite, or through saliva or central nervous system tissue, in a fresh open wound or mucous membrane, by an animal suspected to be rabid, shall be isolated in a public animal shelter, kennel or enclosure approved by the health department for a period not to exceed six (6) months at the expense of the owner or custodian in a manner and by a date certain as determined by the local health director; however, if this is not feasible, the dog or cat shall be euthanized by one of the methods approved by the State Veterinarian as provided in Section 3.2-6562 of the Code of Virginia (1950, as amended). A rabies vaccination 46 shall be administered prior to release. Inactivated rabies vaccine may be administered at the beginning of isolation. Any dog or cat so bitten, or exposed to rabies through saliva or central nervous system tissue, in a fresh open wound or mucous membrane with proof of current vaccination, shall be revaccinated by a licensed veterinarian immediately following the exposure and shall be confined to the premises of the owner or custodian, or other site as may be approved by the local health department at the expense of the owner or custodian, for a period of forty-five (45) days. (e) At the discretion of the director of the local health department, any animal that may have exposed a person shall be confined under competent observation for ten (10) days at the expense of the owner or custodian, unless the animal develops active symptoms of rabies, expires, or is euthanized before that time. A seriously injured or sick animal may be euthanized as provided in Section 3.2-6562 of the Code of Virginia (1950, as amended). (f) When any suspected rabid animal, other than a dog or cat, exposes or may have exposed a person to rabies through a bite, or through saliva or central nervous system tissue, in a fresh open wound or mucous membrane, decisions regarding the disposition of that animal shall be at the discretion of the local health director and may include euthanasia as provided in Section 3.2-6562 of the Code of Virginia (1950, as amended) or as directed by the state agency with jurisdiction over that species. (g) When any animal, other than a dog or cat, is exposed or may have been exposed to rabies through a bite, or through saliva or central nervous system tissue, in a fresh open wound or mucous membrane, by an animal suspected to be rabid, decisions regarding the disposition of that newly exposed animal shall be at the discretion of a local health director. (11-18-04;------.) (STATE LAW REFERENCE—Sec. 3.2-6522 of the Code of Virginia (1950, as amended).) Division 6 – Feral Cat Colonies Sec. 3-26. - Unlawful care of feral cats; exception. 47 (a) For purposes of this article, the following terms shall have the following meanings: (1) The acronym "ACO" shall mean the Isle of Wight Animal Control Officer or a designee. (2) The term "caregiver" shall mean a resident of Isle of Wight County, Virginia who has been designated as a feral cat caregiver by the ACO pursuant to the provisions of this article, and who accepts responsibility for expenses associated with providing care to feral cats. (3) The term "cat" shall mean a feline over the age of sixteen weeks. (4) The term "feral cat" shall mean any cat that is not or has never been owned by a person, or was formerly owned and has been abandoned. (5) The term "feral cat colony" shall mean a group of feral cats who generally live outdoors and have little or no human contact. (6) The term "kitten" shall mean a feline sixteen weeks of age or under. (b) Except as provided in this article, it shall be unlawful for any person to maintain a feral cat colony by providing food, water, or other forms of sustenance and care, unless such person is a resident of Isle of Wight County, Virginia, and has been designated as, and is currently appointed, a caregiver by the ACO. (c) County residents desiring to provide food, water and other forms of sustenance and care to feral cats in Isle of Wight County, Virginia, shall annually apply to the ACO to be designated as a caregiver, and every person so designated shall comply with the provisions of this article throughout their term of appointment. There shall be a fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the board of supervisors, as it may be amended, associated with applying for this designation, per feral cat colony, which shall be due and payable annually. (d) Every caregiver shall comply with the following conditions with respect to feral cats or feral cat colonies for which they are a designated caregiver: (1) Provide (i) written permission from the property owner on whose property the feral cat colony will be located or cared for; (ii) evidence of reasonable efforts made to obtain the support for the feral cat colony from all adjacent property owners; and (iii) a good faith estimate of the number of 48 feral cats and kittens residing in the colony at the time a caregiver's designation is applied for. (2) Assume personal responsibility and make arrangements for feeding and providing emergency veterinarian treatment as needed to their feral cat or feral cat colony on a regular basis throughout the year, including weekends, holidays, and at such times as the caregiver is unable, for any reason, to provide such care. (3) Provide regular and frequent trapping of not less than two times per month, through the use of humane box traps of feral cats and kittens over the age of eight weeks who have not been spayed or neutered, vaccinated, and marked as provided herein. The trapped feral cats shall be spayed or neutered, vaccinated for rabies, and marked by having their ears tipped by a veterinarian professionally licensed by the Commonwealth of Virginia. It is also recommended, but not required, that all trapped feral cats be vaccinated by the veterinarian for distemper and implanted with a micro chip for identification purposes. (4) Make every attempt to remove kittens from the colony between the age of eight weeks and sixteen weeks for domestication and placement with a person who is willing to be the owner of same. (5) If possible, have all trapped feral cats and kittens tested for feline leukemia and feline immunodeficiency virus; and to have those which test positive for same humanely euthanized or assure that any feral cat or kitten known to have an infectious disease is not released to the outdoors. (6) Maintain, on an individual cat basis, documentation of all vaccinations, inoculations, medical procedures and sustenance provided to feral cats under their care, and upon request, to provide such documentation to the ACO. (7) Authorize veterinarians attending to feral cats or kittens under their care to release copies of all medical records with regard to such feral cats to the ACO. (8) Maintain protection for the feral cats and kittens sufficient to shield them from adverse weather conditions, and maintain the surrounding area free and clear of garbage, trash and debris. (9) Notify the ACO of the introduction of any new cats to the feral cat colony. (10) Ensure that a feral cat colony for which a person has been designated a caregiver does not exceed twenty cats unless reasonably authorized by the 49 ACO, giving consideration to the size, shape, locations and ability to maintain the feral cat colony on the property. (e) In the event a caregiver is found by the ACO to have violated any provision of this article, or failed to comply with any of its provisions, the ACO may require the caregiver to cease, desist and rectify their violation, or terminate their designation as a caregiver, depending on the severity of the violation. If abatement of the violation is appropriate, the caregiver shall be issued a notice of noncompliance specifying that the caregiver has forty-eight hours within which to provide a written response to the ACO specifying the steps to be taken by the caregiver to come into compliance with the provisions of this article within a thirty-day period. The ACO may grant one thirty-day extension if the caregiver demonstrates a good faith effort to comply, and the ACO feels that compliance may be achieved within the thirty-day extension period. The caregiver shall make an action report to the ACO at the end of each thirty-day period or when compliance is achieved, whichever occurs first. If the ACO determines that the violation is sufficiently serious to warrant termination of the caregiver designation, a notice of such termination shall be provided to that person. (f) If compliance with the provisions of this article are not achieved as provided in subsection (d) of this article, or if termination as a caregiver is otherwise warranted, the ACO shall cause a notice of termination to be either personally delivered to the caregiver or mailed to the caregiver by certified mail, return receipt requested, at the address provided by the caregiver on their current application for such designation. Compliance with this subsection by personal delivery shall be effective upon delivery; compliance with this subsection by mailing shall be effective on the day first delivered to the recipient's address. Termination of designation as a caregiver by the ACO may be appealed to the county administrator's office by such person by providing notice of the appeal in writing stating the basis for the appeal within ten calendar days of delivery of the notice of termination as required in this subsection. (g) For purposes of this article, and except as providing in this section, a person who has been designated as a caregiver shall not be considered an owner or a custodian of the feral cats for which they are providing care. 50 (h) The provisions of this section do not grant to caregivers any authority to enter upon the property of others without the property owner's permission. (i) In the event the ACO becomes aware, either through a compliant or personal observation, of a feral cat or feral cat colony, he shall make a reasonable attempt to determine if a suspected feral cat or feral cat colony has a caregiver who will comply with this section. If, after making such an attempt, no caregiver is identified or is willing to comply with the provisions of this section, the ACO shall take all necessary action to obtain permission from the property owner(s) to enter upon the property to capture and remove the feral cats, and to dispose of the captured cats in accordance with the provisions of this chapter for the disposal of impounded animals. (j) Neither feral cats nor feral cat colonies may be maintained on property owned or controlled by the county. (k) Any person who violates subsection (b) of this section shall be subject to a civil penalty not to exceed one hundred fifty dollars. (11-5-08; 5-1-14.) (STATE LAW REFERENCE—See Code of Va., § 3.2-6543.) Article III. - Nuisance Animals and Hybrid Canines. Sec. 3-27. - Nuisance animals. (a) All animal owners shall exercise proper care and control of their animals to prevent them from becoming a public nuisance. Excessive, continuous or untimely barking, harassing passersby, biting or attacking any person without provocation on one or more occasions, chasing vehicles, habitually attacking other domestic animals, trespassing upon school grounds or trespassing upon private property in such manner as to damage or destroy or create an unsanitary condition on such property shall be deemed a nuisance. Repeated running at large after citation of the owner by any animal control officer shall also be deemed a nuisance. (b) Any such person owning any animal constituting a nuisance shall be summoned before the general district court to show cause why such animal should not be confined, destroyed, removed or the nuisance otherwise abated 51 and upon proof that the animal constitutes a public nuisance the animal in question shall, by order of the general district court, either be confined, destroyed, removed or the nuisance otherwise be abated as such court shall order; the court may also impose a fine up to one hundred dollars to be paid by the owner or custodian of such animal. It shall be unlawful and shall constitute contempt of court for any person to harbor or conceal any animal which has been ordered destroyed or removed by the general district court or to fail to confine or restrain an animal when such an order has been entered by the court. (c) If the animal control officer or his duly authorized agent has reason to believe that any animal has, without provocation, attacked or bitten any person, such animal may be taken into custody and confined by the animal control officer pending determination of the courts pursuant to this section. (d) Any person who owns any dog, cat or other animal that has been adjudged a nuisance pursuant to this section by the general district court and who appeals that decision to the circuit court shall be responsible for the fees connected with the impounding of the animal by the animal control officer. The animal control officer or owner shall confine such dog, cat or other animal during pendency of the appeal to prevent a reoccurrence of the nuisance. If on appeal, the circuit court determines that the dog, cat or other animal is not a nuisance, no such fees for the impounding of the animal shall be imposed. (11-18-04;-----.) Sec. 3-28. - Hybrid canine permit. (a) No person shall import into the county or liberate herein or possess herein any hybrid canine except pursuant to a hybrid canine permit issued by Isle of Wight County. (b) The decision to issue such a permit shall be based upon the following criteria: (1) The number of hybrid canines that will be confined on the subject property which in no case shall exceed two hybrid canines; (2) The type, quality and extent of the confinement of the hybrid canine while on the property of its owner. The owner shall be required to provide adequate confinement as defined in section 3-1 of this chapter; (3) The background, knowledge, experience, and responsible ownership of the owner to adequately care for, keep and handle hybrid canines; and 52 (4) The means of handling the hybrid canine while not on the property of the owner. (c) The owner applying for a hybrid canine permit shall submit an annual permit fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the board of supervisors, as it may be amended, to cover the cost of the permitting system. A separate permit shall be obtained for each hybrid canine owned. (d) The owner shall be required to provide the following information when applying for a hybrid canine permit: (1) The sex of the hybrid canine; (2) The color of the hybrid canine; (3) The height and length of the hybrid canine; (4) Vaccination records including a vaccination against rabies by a currently licensed veterinarian; (5) Information as to identification tags, tattooing or other identifying marks of the hybrid canine; and (6) An executed consent form authorizing the animal control officer or designee to inspect the premises where the hybrid is confined for the sole reason of ensuring that the owner is in compliance with the permit and this article. (f) The permit may be revoked or not renewed if the owner has failed to renew any required permit or has violated a provision of the permit or this article or any other law pertaining to the responsible ownership of the hybrid canine, including, but not limited to, the escape of the animal from the confinement or any death, damage or injury caused by the hybrid canine. (g) Any person, whether an owner, agent or employee, violating, causing, or permitting the violation of this article or the conditions of the permit shall be guilty of a Class 3 misdemeanor for the first violation and a Class 1 misdemeanor for a second or a subsequent violation. Upon conviction of a violation of this article, the violator shall surrender the hybrid canine to the animal control officer for euthanasia in accordance with Section 3.2-6562 of the Code of Virginia (1950, as amended). (11-18-04; 5-1-14;-------.) (STATE LAW REFERENCE—Sec. 3.2-6582 of the Code of Virginia (1950, as amended).) Article IV. – Cruelty to Animals 53 Sec. 3-29. – Cruelty to animals; penalty. (a) Any person who: (i) overrides, overdrives, overloads, tortures, ill-treats, abandons, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly or unnecessarily beats, maims, mutilates, or kills an animal, whether belonging to himself or another; (ii) deprives any animal of necessary food, drink, shelter or emergency veterinary treatment; (iii) sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show, or exhibition of any kind, unless such administration of drugs or medications is within the context of a veterinary client-patient relationship and solely for therapeutic purposes; (iv) willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal; (v) carries or causes to be carried by any vehicle, vessel or otherwise any animal in a cruel, brutal, or inhumane manner, so as to produce torture or unnecessary suffering; or (vi) causes any of the above things, or being the owner of such animal permits such acts to be done by another is guilty of a Class 1 misdemeanor. (b) Nothing in this Article shall be construed to prohibit the dehorning of cattle conducted in a reasonable and customary manner. (c) This Article shall not prohibit authorized wildlife management activities or hunting, fishing, trapping, or farming activities as regulated under the Code of Virginia (1950, as amended). The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. COUNTY ADMINISTRATOR’S REPORT Mary Beth Johnson, Director of Human Resources, addressed the Board regarding the County’s Compensation Classification Study; its purpose and associated background challenges. Nancy Berkley, Manager, Evergreen Solutions, presented the preliminary results of the County’s Compensation and Classification Study. 54 Chairman Alphin moved that the study recommendations be referred to staff to review and provide recommendations to the Board’s Personnel Committee for implementation feasibility. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Judy H. Winslow, Director of Tourism, briefed the Board relative to the Marketing Committee’s development of a “Voices from the Isle” video on the County’s existing website designed to communicate to the public complex issues being faced by the County. In addition to the informational items contained under the County Administrator’s report in the agenda, Ms. Seward announced that the County underwent a successful bond refunding sale which produced a savings of $2 million dollars. She recognized the County’s 40% increase over the prior year in United Way contributions. UNFINISHED/OLD BUSINESS Jeff Terwilliger, Chief of Emergency Management, addressed the Board regarding the issue of an unsigned Facility Use Agreement between the County and the Carrollton and Windsor Volunteer Fire Departments and he was encouraged to continue with attempts to secure such a signed agreement with those volunteer organizations. It was noted that any monies allocated this fiscal year must be returned to the General Fund if not expended. NEW BUSINESS Supervisor Darden referenced a recent article in the Smithfield Times regarding the Town of Smithfield targeting 2,221 acres, mostly located in the Newport District, with plans to build between 4,400 and 7,300 new homes on three to five-acre parcels and she requested staff to determine the financial impact to the County should the annexation occur. At 10:00 p.m., the meeting was adjourned by Chairman Alphin. __________________________ 55 Rex W. Alphin, 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  OrganizationMemberTerm Expires Hampton Roads Economic Development AllianceDardenDec/Annually Hampton Roads Military Federal FacilitiesDardenNo Set Term Alliance Hampton Roads Planning District CommissionDardenNo Set Term Hampton Roads Transportation AccountabilityChairmanNo Set Term Commission Hampton Roads TransportationDardenNo Set Term Planning OrganizationAlternateNo Set Term Southeastern Public Service AuthoritySewardDecember 2017 Popovich/Alternate December 2017 Western Tidewater Regional Jail AuthorityAlphinNo Set Term JeffersonNo Set Term Seward/AlternateNo Set Term Western Tidewater Water AuthorityDardenJune 2018 CasteenJune 2018 SewardJune 2018 Popovich/Alternate June 2018 Regional Reports - P3 (Appointed by Board Vote) BOARD MEMBER REGIONAL REPRESENTATIVE Bo a r d s / C o m m i s s i o n s / C o m m i t t e e s Na m e D i s t r i c t Bl a c k w a t e r  Re g i o n a l  Li b r a r y  Bo a r d M a r i o n  Ne i g h b o r s A t ‐La r g e  Me m b e r J u n e 2 0 1 5 Bl a c k w a t e r  Re g i o n a l  Li b r a r y  Bo a r d C o n n i e  He n d e r s o n / R e s i g n e d N e w p o r t J u l y 2 0 1 6 Bo a r d  of  Bu i l d i n g  Ap p e a l s E l a i n e  Bu t l e r C a r r s v i l l e J u l y 2 0 1 5 Bo a r d  of  Zo n i n g  Ap p e a l s G l y n  Th o m a s  Wi l l i s W i n d s o r M a y 2 0 1 5 Bo a r d  of  Zo n i n g  Ap p e a l s J o h n  E.  Jo n e s / R E S I G N E D N e w p o r t F e b r u a r y 2 0 1 8 Pa u l  D.  Ca m p  Co m m u n i t y  Co l l e g e P a t r i c i a  So w e l l A t ‐La r g e   Ju n e 2 0 1 4 Co m m i s s i o n  on  Ag i n g T h e l m a  Wh i t e / R E S I G N E D C a r r s v i l l e J a n u a r y  2015 Co m m i s s i o n  on  Ag i n g D e b r a  L.  Fr a n k / R E S I G N E D S m i t h f i e l d J a n u a r y 2 0 1 5 Co m m i s s i o n  on  Ag i n g C a r e y  Wh i t l e y / R E S I G N E D S m i t h f i e l d O c t o b e r 2 0 1 5 Se n i o r  Se r v i c e s  of  So u t h e a s t e r n  Vi r g i n i a J o s e p h  Sp r a t l e y ,  Jr . F e b r u a r y 2 0 1 5 So u t h e a s t e r n  Ti d e w a t e r  Op p o r t u n i t y  Pr o j e c t H a z e l  Ed w a r d s M a r c h 2 0 1 5 Ti d e w a t e r  Em e r g e n c y  Me d i c a l  Se r v i c e s  Co u n c i l ,  In c . C h r i s  Sm i t h J a n u a r y 2 0 1 5 Vi r g i n i a  Al c o h o l  Sa f e t y  Ac t i o n  Pr o g r a m  (S o u t h e a s t e r n ) K e l l y  Sa u b e r / R E S I G N E D I O W  Re p r e s e n t a t i v e M a y 2 0 1 4 We s t e r n  Ti d e w a t e r  Di s a b i l i t y  Se r v i c e s  Bo a r d M i t c h e l l  Hu n t e r / R E S I G N E D C o m m u n i t y  Re p . We s t e r n  Ti d e w a t e r  Di s a b i l i t y  Se r v i c e s  Bo a r d L e w i s  Ra w l s ,  Jr . B u s i n e s s  Re p . A u g u s t 2 0 0 1 Te r m  Expires U (A p p o i n t e d  by  Bo a r d  Vo t e )   ISSUE: Resolution of Appreciation for Members of the County Sesquicentennial Committee BACKGROUND: The General Assembly created the Virginia Sesquicentennial of the American Civil War Commission in 2006 to prepare for and commemorate the 150th anniversary of Virginia’s participation in the Civil War. The Isle of Wight County Sesquicentennial Committee was recently recognized by the General Assembly for its efforts to partner with the State Sesquicentennial Commission in planning for and commemorating the 150th anniversary of Virginia. The Board may wish to recognize the efforts of the Isle of Wight County Sesquicentennial Committee. RECOMMENDATION: Adopt and present a resolution to honor the efforts of the Isle of Wight County Sesquicentennial Committee. ATTACHMENTS: - Resolution - Correspondence from the Virginia Sesquicentennial of the American Civil War Commission TO HONOR THE EFFORTS OF THE ISLE OF WIGHT COUNTY SESQUICENTENNIAL COMMITTEE WHEREAS, the Isle of Wight County Sesquicentennial Committee was established in 2008 for the purpose of working with the Virginia Sesquicentennial of the American Civil War Commission, the comprehensive statewide initiative, to plan for and commemorate this significant milestone in our state and national history: the 150th anniversary of Virginia's participation in the American Civil War; and, WHEREAS, in 2014, the Sesquicentennial Committee developed a multi-faceted, multi-day event in downtown Smithfield to commemorate the Battle of Smithfield by engaging visitors at various locations through tours, interaction with living historians, educational programming, a new Civil War exhibit at the Isle of Wight County Museum, lectures and more; and, WHEREAS, the Committee worked with the State Commission to utilize these resources: the Commission’s 53-foot tractor-trailer “museum on wheels:” Civil War 150 HistoryMobile; the Virginia Historical Society’s panel exhibit: An American Turning Point: The Civil War in Virginia; and the Library of Virginia’s document digitization and access program: Civil War 150 Legacy Project; and, WHEREAS, little was known about the Battle of Smithfield until the Sesquicentennial Committee conducted extensive research and published an in-depth booklet about the battle and then developed an educational program with an electronic educational package and study guide for students; and, WHEREAS, the Committee coordinated with the Isle of Wight County Division of Historic Resources and the Isle of Wight County Museum to host eighty-eight separate events to commemorate the Sesquicentennial; and, WHEREAS, the Committee was one of thirteen committees across the Commonwealth honored by the Commission with a Sesquicentennial Leadership Commendation Award for its support in furthering the goals of the Commission. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia, recognizes and honors the efforts of the citizens and staff who served on the Isle of Wight County Sesquicentennial Committee. Adopted this 16th day of July, 2015. Rex W. Alphin, Chairman Carey Mills Storm, Clerk July 16, 2015/jlo/ VDOT Presentation-Franklin Residency Maintenance Update ISSUE: VDOT Presentation – Franklin Residency Maintenance Update BACKGROUND: Jerry Kee, Franklin Residency Assistant Administrator, will present maintenance updates for roadways in Isle of Wight County, including paving, mowing, and ditch maintenance. RECOMMENDATION: For the Board’s information. ATTACHMENTS: None July 16, 2015/TSB/Conditional Use Permit Application     ISSUE: Motion – Approval of a Conditional Use Permit for 17541 Scotts Factory Road to Allow for Custom Manufacturing on the Site BACKGROUND: This is the application of Raymond Barlow, owner, for a Conditional Use Permit (CUP) to allow for Custom Manufacturing at 17541 Scotts Factory Road. The cabinet shop has been operating at the subject location within Isle of Wight County, and was found to be in violation of the Zoning Ordinance. The buildings on the property were constructed for agricultural use but are now being used for a cabinet shop classified as custom manufacturing, which is an industrial use in the Zoning Ordinance. Upon discovery, staff worked with the owner to make application for a Conditional Use Permit, as regulated by the Zoning Ordinance, to continue the cabinet shop operation. RECOMMENDATION: At its May 26, 2015 meeting, the Planning Commission recommended approval of the CUP by a vote of 9-0 with the following conditions: 1) The CUP be specific to the owner, Ray Barlow, and that the CUP will automatically expire if Mr. Barlow ceases operation of the business; and 2) Contingent upon approval from the Department of Emergency Services and the Department of Inspections. Update: Since the Planning Commission meeting, the Director of Inspections has worked with the applicant to identify the necessary code requirements to bring the existing structures into compliance for a cabinet shop July 16, 2015/TSB/Conditional Use Permit Application     operation. The Director of Emergency Services has since deferred to the Director of Inspections. Therefore, should the Board of Supervisors approve the CUP, the following conditions should be applied inclusive of a specific condition from the Director of Inspections: 1) The CUP be specific to the owner, Ray Barlow and that the CUP will automatically expire if Mr. Barlow ceases operation of the business; 2) Approval is contingent upon approval from the Department of Emergency Services and the Department of Inspections; and 3) The applicant shall bring the structures into compliance with the current edition of the Virginia Construction Code within six (6) months from approval, or approval of the CUP shall be null and void. ATTACHMENTS: PC staff report and all attachments   July 15, 2015/TSB/ Conditional Use Permit     ISSUE: Motion – Approval of Conditional Use Permit to Allow a Car Wash on Parcel 9C-2 of Eagle Harbor Subdivision, Eagle Harbor Parkway BACKGROUND: This is the application of Eagle Harbor LLC, owner and Jennifer Howard Szakaly, applicant, for a Conditional Use Permit on 1.093 acres, Parcel 9C-2 Eagle Harbor Subdivision, on Eagle Harbor Parkway to allow for a car wash to be operated on the site currently zoned General Commercial (GC). The Eagle Harbor development was rezoned in 1998 to allow for a mix of residential and commercial uses. The property in question has been identified for commercial use since that time. During the original rezoning process, the property was factored into the Traffic Impact Analysis and Fiscal Impact Analysis as a commercial use. RECOMMENDATION: At its June 23, 2015 meeting, the Planning Commission recommended approval of the application by a vote of 9-0 with the following condition: 1) The hours of operation are between the hours 7:30 a.m. to 8:00 p.m. ATTACHMENTS: PC staff report and all attachments July 16, 2015/RDR/ISLE 2040 Comprehensive Plan Amendment     ISSUE: Resolution – Approving the Amendment of the Comprehensive Plan to Provide for Land Use Changes in Accordance with the ISLE 2040 Plan BACKGROUND: The Board of Supervisors as part of their three (3) year financial plan directed staff to develop a long term strategic plan. County Staff from multiple departments have been developing, over the course of more than a year, the ISLE 2040 Plan. The purpose of the plan is to address the multiple challenges currently facing the County through a focused change in the County’s long range planning. The plan was presented to the Board of Supervisors (BOS) and Planning Commission (PC) at the BOS Retreat in August 2014. The BOS at its October 2014 meeting directed staff to proceed with moving the plan forward through a public process. The Board provided further direction in March 2015 after the plan was recommended by the Planning Commission. That direction was as follows: 1. Tweak population and density in conjunction with revisiting the Windsor Master Plan. 2. Gather additional citizen input. 3. Consider the addition of conservation areas and greenspace. 4. Reconsider the development potential of the Nike Park Road Corridor. 5. Investigate the potential value of commercial development to the County. 6. Address any additional transportation issues which may arise during the process. RECOMMENDATION: At its June 23, 2015 meeting, the Planning Commission recommended approval of the Comprehensive Plan update by a vote of 5-3-1. Staff recommends the approval of the Comprehensive Plan Update. July 16, 2015/RDR/ISLE 2040 Comprehensive Plan Amendment     ATTACHMENTS: - Resolution - Staff Response to Comments at June 16, 2015 Planning Commission - Planning Commission Resolution - Staff Memo to Planning Commission - Planning Commission Staff Report - Comprehensive Plan Chapter 4 Redline - Comprehensive Plan Maps   RESOLUTION TO AMEND THE COMPREHENSIVE PLAN TO REVISE CHAPTER 4 GROWTH MANAGEMENT AND LAND USE AND CHAPTER 6 COMMUNITY FACILITIES AND SERVICES WHEREAS, the Isle of Wight County Board of Supervisors on October 16, 2014 directed that the ISLE 2040 Growth Plan be referred to the Planning Commission for its consideration and that staff be directed to do all things necessary to proceed with the Plan in a timely manner, and; WHEREAS, on June 23, 2015 the Planning Commission in accordance with Section 15.2-2229 of the Code of Virginia, by resolution, recommended the approval of the amendment to the Comprehensive Plan, and; WHEREAS, the Isle of Wight County Board of Supervisors, upon recommendation of the Isle of Wight County Planning Commission, finds it advisable to amend Chapter Four and Chapter Six of the Plan to include amended text and maps on land use in Isle of Wight County, and; WHEREAS, the Isle of Wight County Board of Supervisors has given notice and held a public hearing on said amendment to the Comprehensive Plan on July 16, 2015, as required by Section 15.2-2204 of the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board of Supervisors hereby adopts the revisions to Chapter Four and Chapter Six of the Isle of Wight County Comprehensive Plan, to include all text amendments to Chapter Four and Maps 4-9, 6-1, and 6-2 as presented on this date. Adopted this 16th day of July, 2015. Rex W. Alphin, Chairman Carey Mills Storm, Clerk Approved as to Form: Mark Popovich, County Attorney MEMORANDUM DATE: June 16, 2015 TO: Isle of Wight County Planning Commission FROM: Richard Rudnicki – Assistant Director of Planning and Zoning SUBJECT: ISLE 2040 Revisions from June 16, 2015 Meeting Please find attached the three changes which were clearly articulated during the June 16, 2015 special meeting of the Planning Commission. They are as follows: 1. In the Comprehensive Plan Chapter 4 on page 4-13, under the character section of the Suburban Residential Land Use type, the word “multifamily” was struck and replaced with “single-family attached” to more clearly reflect what is allowed within the district. 2. In the Zoning Ordinance Article IV Section 6001 and 6002, accessory apartments were struck from the Permitted Uses and returned to the Conditional Uses. 3. In the Zoning Ordinance Article IV Section 8005, the density allowance for the Zoning District was clarified to be 10 units per acre for all housing types, and preventing any confusion with the Supplemental Use Regulations provision of a higher density. There were mapping changes discussed in the meeting on June 16, 2015, however, staff chose not to try and implement any of these changes prior to the June 23, 2015 meeting. The reason for this decision was to allow the Planning Commission to make specific requests after further review of the maps so that changes requested were clear and no speculation on staff part was needed. Additionally to ensure that any change made had adequate time to be evaluated and wasn’t rushed forward for the meeting. If you have specific areas that you would like to consider changes on please be prepared to specify those on June 23 so that those changes can be made without confusion. Please contact me at 365-6276, or by email at rrudnicki@iwus.net should you have any questions.   Planning Commission Meeting June 16, 2015  RDR  Comprehensive Plan Amendments     PLANNING REPORT APPLICATION: A resolution to amend the Comprehensive Plan of Isle of Wight County, Virginia through changes to land use, including transportation, utilities and other public facilities in the Newport Development Service District and adjacent areas as commonly referred to as the ISLE 2040 Plan. The purpose for these changes is to respond to county and market conditions which have evolved significantly since the adoption of the Comprehensive Plan. ELECTION DISTRICT: Newport, Smithfield, Windsor LOCATION: Current Newport Development Service District and surrounding areas. BACKGROUND: The Board of Supervisors as part of their three (3) year financial plan directed staff to develop a long term strategic plan. County staff from multiple departments worked to develop, over the course of several months, the draft ISLE 2040 Plan. The plan was presented to the Board of Supervisors (BOS) and Planning Commission (PC) at the BOS Retreat in August 2014. The BOS at its October 2014 meeting directed staff to proceed with moving the plan forward through a public process. The purpose of the plan is to address the multiple challenges currently facing   Planning Commission Meeting June 16, 2015  RDR  Comprehensive Plan Amendments     the County through a focused change in the County’s long range planning. Some of the challenges the county faces include:  Projected Growth – The Hampton Roads Planning District Commission (HRPDC) projects the County to grow by 27,000+/- residents through 2040. At this time the County’s long range plan would only be able to accommodate around 10,000+/- (4,800 units) new residents within the existing Newport Development Service District (NDSO) boundaries and land use scenarios. Staff believes that a more focused growth pattern and an expansion of the NDSO is the best way to provide for this growth in a fashion that supports the County’s long term goals, protect natural resources and the agricultural community, capitalizes on investments already made, and is the most fiscally responsible moving forward.  Struggling Development – Currently the county has multiple stalled developments, and approved projects which are not going to construction. Many of these projects have been brought to the county for revisions to the approved plans in order to change the density and types of products within the plan. Additionally there have been multiple amendments made to approved proffered conditions on projects. After conversations with the development community it has become clear to staff that the County’s Land Use and Zoning do not reflect the current market conditions, particularly the reduction in land values after the recessions, changes in the banking industry, and increased population criteria for commercial development. Staff believes the proposed changes to the Land Use Plan and the Zoning Ordinance more accurately reflect the conditions in the market today.  Lack of Amenities/Limited Market – Through a recent survey conducted by the County it was identified that citizens want more services within the County. Retail, entertainment/dining, and   Planning Commission Meeting June 16, 2015  RDR  Comprehensive Plan Amendments     medical facilities are all highly desired within the community. Currently a large portion of citizen needs for these services are met outside the County. Staff has identified the needed requirements of a variety of businesses and found that the NDSO, while being the most populated portion of the county, does not have the number of residents to support the majority of target businesses. In order to more effectively recruit businesses to the county, staff needs to be able to show a population base, in addition to sufficient vehicle trips on adjacent roadways, which can effectively support the business. The proposed changes will allow for an increase in the population which can effectively support and grow businesses within the county.  Water Supply – The County, as part of the Western Tidewater Water Authority (WTWA), has contracts for water and the associated debt, $250 million dollars over the life of the contract, whether or not we utilize the water volumes. In order to utilize the full volumes and receive the most benefit for the County’s investment, the County needs to approach 24,000+/- residential customers and/or some equivalent of commercial and industrial volume. Under the current land use scenario the county would only reach 9,000+/- total customers in the Newport DSD including those already existing, 1,900 approved new units, and 4,800 potential, but not including retail, office, and industrial users. Under the proposed land use plan staff believes the number can reach 19,000+/-. Once retail, office, and industrial users are considered, the county will be effectively using the water volumes.  Struggling Tax Base – The County has high median household incomes and household values, while currently having a budget deficit. Part of the reason for this is the composition of the tax base, which is heavily oriented to agriculture and low in residential and commercial when compared to surrounding municipalities. Staff   Planning Commission Meeting June 16, 2015  RDR  Comprehensive Plan Amendments     understands the importance of a strong agricultural base within the community, but also sees the need to encourage development which can shift the composition to a more favorable balance by growing the commercial/retail tax base. The proposed plan allows for a shift in the composition of the tax base over time. This shift will have a stronger fiscal benefit for the county and also take pressure off the agricultural community, and further protect the agricultural land base.  Aging Community and Workforce – The County’s two largest economic development challenges are a lack of work force and housing affordable to the work force. A major factor is the County aging rapidly, with a median age of 43.7 years, the County is 6.5 years older than the state average. Combined with the “baby boomer” population reaching 65 plus years old, the percentage of the population over 65 is expected to double by 2040 from 6,000 to 12,000. Concurrently birth rates are declining meaning a reduced labor force to replace the aging population, the County 19- 34 population is projected to remain constant at 8,000 during this time period unless changes are made. Combined these two variables place a premium on the attraction and retention of a younger demographic to start, support, and grow businesses in the County. In order to attract this demographic the need for a high quality of life with considerable amenities, a variety of housing stock, and compact environments with transportation options other than cars (walking/biking) is needed. Additionally, these same characteristics have been identified as key to allowing the older population in a community to “age in place”, maintaining the social capital they bring to the community. The Planning Commission considered and recommended approval of ISLE 2040 by a vote of 7-1, following a public hearing, at its January   Planning Commission Meeting June 16, 2015  RDR  Comprehensive Plan Amendments     27, 2015 meeting. The Board held a public hearing on March 19, 2015 and chose to take no action at that time. On April 1, 2015 the Board directed staff to address six (6) concerns they had with the ISLE 2040 plan and returned it to the Planning Commission. The six (6) concerns as identified by the Board were:  Tweak Population and Density Numbers in Conjunction with the Windsor Master Plan – Based on the directive of the Board, significant public concern with using the most aggressive population estimate, and the suggestion of Dr. Michael Chandler (planning consultant), staff revised the population projection countywide. Staff revised the population projection to follow the County historic trend of 17.8 percent providing a new estimate of 22,386 population growth versus the Hampton Roads Planning District Commission (HRPDC) projection of 27,530 population. Staff also provided the distribution of the population growth throughout the County (see table below). Smithfield/Carr ollton* Windsor Remaining Co. Total Historic Trend Pop. Growth 17,745 3,377 1,264 22,386 Historic Trend Units 7,887 1,501 561 9,949 Percent of IOW 79.3% 15.1% 5.6% 100% *Smithfield = 6,325 Population, 2,811 Units Using the revised projection staff reinvestigated the Windsor Land Use Map and developed a new map (see below) which can accommodate the projected growth in (3,377 population or 1,501 units) plus a significant overage if growth in the intermodal park and the market dictate.   Planning Commission Meeting June 16, 2015  RDR  Comprehensive Plan Amendments      Gather Additional Citizen Input – Based on this directive of the Board, staff brought in Planning Consultant Dr. Michael Chandler to facilitate a public meeting, held on May 11, 2015. At the meeting, citizens were given a short presentation, then broke into groups to perform a mapping exercise and complete a survey. This information was presented to the Planning Commission on May 26, 2015, the information handed out at that time is attached.  Consider Adding Conservation Areas and Greenspace – Based on this directive, staff spent significant time mapping the Resource Conservation (RC) Land Use layer (see below) which was identified in 2001 but not in 2008 to be included in the ISLE 2040 maps. The RC Land Use is intended to preserve sensitive areas and helps clarify the misconception that wetlands were included for development in the ISLE 2040 Plan.   Planning Commission Meeting June 16, 2015  RDR  Comprehensive Plan Amendments     Based on significant greenspace and low density development identified by citizens during the mapping exercise, and the reduced population numbers providing increased land use flexibility, staff included a significant amount of green space in the revised ISLE 2040 map.  Reinvestigate the development potential of Nike Park Road – Based on this directive, staff looked at the Nike Park Road Corridor again. In doing so, the Resource Conservation areas, wetlands as projected by the National Wetlands Inventory, Resource Protection Area as defined by the Chesapeake Bay Act, and soils were considered. Using this information a preliminary planning assessment of development potential was developed (see below). This assessment shows a significant amount of development potential along Nike Park Road. Prior to any actual development site specific analysis would be done by a prospective   Planning Commission Meeting June 16, 2015  RDR  Comprehensive Plan Amendments     developer to further identify environmentally sensitive areas. Staff believes that the existence and preservation of these sensitive areas will limit the amount of development along this corridor which is a desirable outcome. Additionally the Brewer’s Neck Corridor Study very clearly identifies the projects necessary to support growth along this corridor with time frames for completion and project estimates. These include the extension of Nike Park Road to US 17, safety improvements such as improved shoulders, signage, and drainage improvements, turn lanes at Reynolds Drive and Titus Creek Drive, and a roundabout at the Nike Park and Battery Park Roads intersection. Staff believes that these identified improvements per the study will increase the safety for the commuters that have   Planning Commission Meeting June 16, 2015  RDR  Comprehensive Plan Amendments     established the Nike Park Corridor as an alternate route to Route 17.  Determine Potential Value of the Commercial Space in the ISLE 2040 Plan – In order to assess the value of commercial space in the ISLE 2040 plan, research into the value of existing space was completed. This research determined the value of existing space within the Newport Development Service District arriving at a per square-foot value to the County. This value was then applied to the space currently approved and unbuilt in the area and the potential space in the ISLE 2040 plan, resulting in a potential value of just over five million dollars per year to the County. The table below provides a more detailed breakdown. Square Feet Value Value/SF Existing Space 370,000 $917,539.19 $2.48 Potential Space in ISLE 2040 954,000 $2,365,763.21 $2.48 Currently Approved Space 1,089,150 $2,700,913.00 $2.48 Total Potential 2,043,150 $5,066,676.21 $2.48  Address any Additional Transportation Issues which might arise – As part of this planning process a determination from VDOT was required to determine if their review was warranted and if so which of their processes needed to be addressed. Staff developed a trip generation projection, using the Institute of Transportation Engineers Manual (ITE) as required and approved by VDOT,   Planning Commission Meeting June 16, 2015  RDR  Comprehensive Plan Amendments     which compares the 2008 Comprehensive Plan Land Use map with the proposed ISLE 2040 Land Use map. Through this projection it was determined that the ISLE 2040 plan has a lower trip generation potential than the 2008 plan, therefore, a VDOT 527 review is not required. Additionally, because the ISLE 2040 plan is not a regular update of the Comprehensive Plan, staff believes the 729 update addressing Corridors of Statewide Significance and the 6 Year Improvement Plan is not required at this time and is working with VDOT on a determination to that effect (see attached VDOT response). The 729 update will be undertaken as its own process in 2016. Staff believes the revised map and textual changes attached fully address the concerns expressed by the Board of Supervisors. The revised ISLE 2040 plan was informed by the additional citizen input gathered during this process. The plans lower the population projection, include a substantial increase in open space, and still meet the future needs of County growth, while considering sensitive areas and providing a significant economic benefit to the County. DESCRIPTION: The following revisions to the Comprehensive Plan are being proposed by staff. The purpose of these revisions is to reflect changes identified from the County’s ISLE 2040 Plan. Details about the revisions are provided below.  Increased Densities in Residential Land Uses – The densities outlined in the plan have been adjusted to reflect reduced lot sizes, providing for more density in response to the current market.   Planning Commission Meeting June 16, 2015  RDR  Comprehensive Plan Amendments      Creation of Urban Residential (UR) Land Use – The UR land use helps capture several zoning classifications which were previously not well covered. Additionally it allows for more transition between the higher and lower density land uses while keeping a residential focus.  Expansion of Newport Development Service District (NDSO) o Nike Park Rd. – This expansion captures an already developed growth area (Gatling Pointe) that requires public utilities and that was previously included in the 1991 Comprehensive Plan but was disconnected from the service are in 2001. It also incorporates an important civic location, which may require public utilities in the long term, into the NDSO, and supports the long term growth within the county while minimizing the impact to the agricultural land base. o Sugar Hill Road – This expansion captures an area previously within the NDSO, supports the long term growth within the county while minimizing the impact to the agricultural land base, and allows for development consistent with recent development activity occurring along Sugar Hill Road. o New Towne Haven Lane – This expansion captures an area previously within the NDSO, supports the long term growth within the county while minimizing the impact to the agricultural land base, and allows for the development of properties adjacent to areas already slated for development. o Protect the County’s Jurisdictional Boundaries – The County needs to have the ability to provide public utilities to its existing utility customers which were disconnected from the service district with the 2001 Comprehensive Plan. The current growth management objectives of the County’s Comprehensive Plan recommends that public utilities not be   Planning Commission Meeting June 16, 2015  RDR  Comprehensive Plan Amendments     extended outside a Development Service District. Without the expansion, the County could not provide public utilities to its existing customers, leaving the County vulnerable to the threat of annexation.  Reduced Business and Employment – The reduction in Business and Employment is paired with a shift toward Mixed-Use. The purpose of this is to support commercial growth with associated and supporting residential growth and to allow for commercial development to be more integrated within the community. It also provides flexibility which reflects and withstands changing dynamics in the market conditions.  Text Amendments – There are a variety of amendments to the text within Chapter 4 which help update the chapter to include and further elaborate on all the proposed changes. The effected redlined chapter of the Comprehensive Plan and revised map are attached for your review. CHANGES FROM DECEMBER TO JANUARY PC MEETINGS: The following were key discussion points at the December 16, 2014 Planning Commission meeting and how each has been addressed.  Is the Urban Residential (UR) designation on Turner Drive (across from Smithfield High School) appropriate? Staff should consider changing to a lower land use. o Staff has decided to maintain this area as UR; the area meets several guidelines set forth in the Comprehensive Plan for the UR land use as well as overall goals of the plan, some considerations for this decision are:   Planning Commission Meeting June 16, 2015  RDR  Comprehensive Plan Amendments      The area has direct access to a major arterial roadway, Benns Church Blvd. - Rt. 10/258, in the county;  The area has the potential to support the Mixed-Use (MU) designation across Benns Church Blvd.;  The area strongly promotes multi-modal transportation options to the school, to commercial development within the town, and to potential commercial development in the county.  Is the Urban Residential (UR) designation on the Scott Farm (corner of Battery Park Rd. and Nike Park Rd.) appropriate? Staff should consider changing to a lower land use. o Staff originally placed this UR designation because it would allow continuity across the Town/County border, and a desire for higher density was expressed by the landowner. o Staff has decided to reduce this area to Suburban Residential (SR).  This consideration has been brought forward at several public meetings as well as by the planning commission.  The change to SR supports a development character more in keeping with the surrounding development and the corridor as a whole.  The SR land use will serve as a transition from the Town to the County and its existing communities as the Comprehensive Plan outlines.  Why is Historic St. Luke’s designated as MU and surrounded by MU? o Historic St. Luke’s was changed to the Civic land use in the plan, to more accurately reflect its role and importance within the community. o The surrounding land uses are currently MU and Business and Employment (BE). The change to entirely MU should provide for a more compatible surrounding development pattern by   Planning Commission Meeting June 16, 2015  RDR  Comprehensive Plan Amendments     providing more housing and buffering options to the church property. o It is important to note that a large portion of this surrounding area falls within the St. Luke’s Historic Overlay District and will have an extra layer of review as it develops. CHANGES FROM JANUARY TO JUNE PC MEETINGS: The following are key changes to the Land Use Map and text from the version of ISLE 2040 approved in January. Map:  The inclusion of 2,087 acres of Resource Conservation Land Use, accounting for nineteen and four tenths percent (19.4%) of the total district, to be preserved as protected open space.  The inclusion of 1,119 acres of Conservation Development Land Use, accounting for ten and three tenths percent (10.3%) of the total district, to be largely preserved with residential development of one (1) unit per five (5) acres.  The Resource Conservation and Conservation Development Land Uses are all located in areas identified by citizen input as desirable for preservation.  Reduction from Urban Residential to Suburban Residential on Turner Drive and Benn’s Church Boulevard. This change is consistent with citizen input that Urban Residential Land Use should only be located at the Bartlett Intersection (Brewer’s Neck/Carrollton Boulevard).  Northern end of Nike Park Road reduced from exclusively Suburban Residential to a mix of Suburban Residential, Suburban Estate, and Conservation Development having an overall lower level of density.  Land Use on the Channel Farm located on Channel Way was reduced to lower density and a portion of the property put into Conservation Development which allows for significant preservation.   Planning Commission Meeting June 16, 2015  RDR  Comprehensive Plan Amendments      Reduction to Conservation Development of the majority of the Sugar Hill Road expansion area. Text:  Density range in Suburban Residential reduced from 3-6 units per acre to 3-5 units per acre.  Density range in Urban Residential reduced from 6-10 units per acre to 5-10 units per acre.  Planned Development – Mixed Use density maintained at the existing 14 units per acre instead of the initially proposed 15 units per acre.  Adjustments to Table 4-3 showing Land Use Type acreages and percentages in the district to reflect all changes. STAFF RECOMMENDATION: Staff recommends approval of the Comprehensive Plan Amendment as presented. ATTACHMENTS:  Comprehensive Plan Chapter 4 redlined version  Comprehensive Plan Chapter 4 NDSO Land Use Map  Previous Comprehensive Plan Chapter 4 NDSO Land Use Map (for comparison)  Comprehensive Plan Chapter 4 final version  Comprehensive Plan Chapter 5 Service Area Maps  Citizen Input Meeting Summary (Presented to PC on May 26, 2015)  VDOT Response  Citizen Letters  PC Adoption Resolution   Comprehensive Plan 4-1 Isle of Wight County, Virginia Chapter Four Growth Management and Land Use Throughout most of its long history, Isle of Wight has been characterized by a number of compact communities and rural settlements spread over a landscape of farmlands, woodlands, waterways, shoreline, and extensive undisturbed natural areas. For years, the County has been noted for its rural character and image, its James, Pagan, and Blackwater River shorelines, its rich historical and cultural heritage, and its slow-paced rural way of life. The rapid growth in the Hampton Roads region has brought changes to the County: changes welcomed by many, lamented by others, but of concern to all. Inevitably, in such a process, Isle of Wight County's renowned assets, such as an abundant access to waterways and scenic vistas, have been threatened by development, increased traffic volumes, declines in the quality of the natural environment, services unable to meet needs, housing problems, and declining agricultural land base. Growth management must be a coordinated effort by County government to achieve a more efficient pattern for future development, in accordance with a comprehensive land use plan for the community. A growth management strategy will guide new residential development to locations where adequate public infrastructure such as roads, water, sewer, schools, and related facilities, is available or can be provided most efficiently and cost effectively. Commercial, office, and industrial development areas to serve residential development will be identified. Open space, agricultural areas, and environmentally sensitive areas which require protection and conservation, will be identified. Growth management is not a new idea for Isle of Wight County. The 1977 Comprehensive Plan For Future Land Use designated County “Growth Areas.” However, efforts to define and implement the growth management concepts of the 1977 Plan were judged to be less than effective. The 1991 Comprehensive Plan reinforced the notion of designated areas for growth in the County and established three “Development Service Districts” (DSDs) which in recent years have served and are expected to continue to serve as the principal locations for residential, commercial and employment growth in the County. Most recently, the Virginia General Assembly added Section 15.2-2223.1 to the Code of Virginia which requires every locality, including the County that has met a minimum level of decennial population growth to designate Urban Development Areas (UDAs) on their future land use plans which are appropriate for higher density development. Later sections of this plan provide recommendations for guiding the form and qualities of development within each of these areas to reinforce and enhance previous County planning efforts. Growth Management Planning Considerations Comprehensive Plan 4-2 Isle of Wight County, Virginia The population projections indicate that the County can expect an increase in population of as many as 11,772 new residents, representing a 40 percent increase in population, by the year 2030. The form, pattern and distribution of new development required to satisfy this growth in population together with the qualities of commercial and industrial development to meet these residents' shopping and employment needs will influence a number of future characteristics which, taken together, represent the future quality of life in the County. Land Consumption Implications One characteristic of growth is its form. If the County gains 11,772 new residents, land will need to be consumed to support approximately 4,545 new households. Varying forms of growth yield either sprawling or condensed development. Table 4-1, Land Consumption Options, indicates the land required to satisfy population requirements under several lot size scenarios. Table 4-1 illustrates the fact that depending on densities of future development that occur, the amount of land consumed for development can vary significantly. Converting households to acres of development begins to create an image of what the growth might look like on the landscape. As shown in Table 4-1, if all growth were channeled into two-acre lots, it would consume approximately 11,363 acres. Table 4-1 Land Consumption Options to Satisfy Projected Population Growth 2000-2030 Additional Year-round Housing Units Estimated Acres of Land Needed with: .2 acre lots (five units per acre) .5 acre lots (2 units per acre) 1 acre lots 2 acre lots 4,545 1,018 acres 2,841 acres 5,681 acres 11,363 acres Source: Redman/Johnston Associates, Ltd. Figures shown assume land requirements for streets to serve lots will range from 12% of land in lots for densities at five units per acre to 25% of land in lots for .5 units per acre densities. Figures updated for 2030 by Department of Planning and Zoning using current projections Obviously, this will not be the case since development in some locations will be of a higher density, such as that found in a number of existing subdivisions (e.g. Eagle Harbor or Founders Pointe). Moreover, future development will be widely distributed in various locations and will not all be located in the County’s DSDs. As population increases non-residential growth is also required to support the needs of new residents. Therefore various forms of commercial retail and service development and industrial development will also consume land area which may represent as many as 2,000 to 3,000 acres of additional land. The land consumed for residential development includes, not only land devoted to lots, but land for street systems to serve lots. At low densities (e.g. more than 2 acres per lot) this may represent 25% more land than is represented by the actual lots themselves. Higher densities of development Comprehensive Plan 4-3 Isle of Wight County, Virginia (4 to 5 units per acre) may only require 10 to 15 percent additional land area for roads or street systems, underscoring the greater efficiency in land consumption associated with higher densities. The consumption of land is an important consideration in determining the impact of growth on County character and qualities. Various forms of growth and densities of development can produce widely different visual qualities that will significantly influence the character of the County in future years. The County should acknowledge the limited ability to absorb growth while understanding that there may be increased density resulting from ongoing development. It must be recognized that there is a finite carrying capacity for development and that density should be limited so that overcrowding does not become a detriment to the quality of life for county residents. It is critical to note that even the density of cluster development should be managed to assure a continuation of the County quality of life. Cost of Public Services Among the factors, which influence quality of life are the costs to provide requisite public services to County residents including constructing community facilities necessary to house many of these services. Most of these services are provided directly by the County or certainly supported by County fiscal resources. They include schools, roads, police protection, fire protection, emergency medical services, provision of adequate water supplies and wastewater treatment facilities and solid waste management facilities. Though there are many employment opportunities in the County, a substantial number of County residents work outside its borders. If this bedroom community form of growth continues, it can result in greater demands for public services than the County can supply. Generally speaking, unlike commercial and industrial forms of development, the tax revenues generated by residential development are often less than the cost of additional services it requires. Both demands for services and the costs of services and facilities have increased substantially in recent years. In most cases, fostering compact forms of development can improve the efficiency and reduce the “per unit” costs to provide public services. It can also produce more acceptable impacts on the natural and man built environmental features of the County. Sense of Community and Rural Character While the future costs of County services are of obvious and tangible import, a number of other more subtle, yet equally important, County qualities can also be influenced by the amount, form, distribution and qualities growth takes in the County. The rural and scenic qualities of many County areas have gradually disappeared with a suburban character taking its place in these areas. Nevertheless, most of the County continues to retain its rural character and qualities, which have traditionally defined the County, and represent an image favored by most residents. This rural character has supported a strong "sense of community" in Isle of Wight, which is among its more Comprehensive Plan 4-4 Isle of Wight County, Virginia important assets. The form and distribution of future growth in the County will clearly affect the capacity of the County to retain these important qualities. Quality of the Natural Environment Isle of Wight County’s natural environment assets include rolling topography, scenic rivers, wetlands, swamps, stream valleys, forested areas, farmlands and rural landscapes. These features create a setting of notable beauty. Ironically, the development, which accompanies population growth, threatens the natural features which attract people to the County. The consumption of land by man-made development has resulted in the loss of some of these important environmental features, which can diminish the environmental quality of the County and its aesthetic appeal. As development proceeds, floodplains, wetlands, upland natural areas, are altered and wildlife habitats are lost. As woodlands are cleared for development, watersheds are denuded, soil is washed into streams, and wildlife habitats reduced. Development in floodplains often results in both property and natural environmental damage from increased flooding. In addition, development can mean that vistas of the natural landscape are lost and replaced by man-made structures. Quality of the Man-Built Environment As the pace of development grows, there is concern that the quality of development in the County will decline in addition to a fear that the needs of older traditionally small community centers will be ignored. Additional concerns include strip commercial development along the highways, a condition which is unattractive and reduces the safety and traffic-carrying capacity of roadways; and, heavy traffic along many of the more minor roads from increasing numbers of commuters. In short, a wide range of both fiscal as well as quality of life features within Isle of Wight County will be influenced by future growth and the pattern it takes. Dimensions of Growth Management Consideration of efforts to manage growth has led Isle of Wight County to recognize there are several basic elements of growth management, each having a different aspect or function. One aspect of growth management is seeking to influence the type and amount of growth. A second aspect is one in which it is the location or distribution of the growth that is to be controlled. A third is related to the cost of the development and who pays for development related costs. Finally, quality control can be employed to some degree with all implementation strategies accommodating growth by applying specific performance standards to control qualities of site design and provide environmental protection. For the most part, the need to manage growth is due to the limited financial resources the County has to provide facilities such as sewers, schools and highways, which are necessary to meet projected demand. That concern is primarily related to the fear that current residents will have to Comprehensive Plan 4-5 Isle of Wight County, Virginia pay for growth. All development related costs must be paid for and the question of who pays is an issue upon which most citizens and elected officials have had to focus their attention in recent years. The amount, distribution and timing of population growth and development are all conditions that County growth management objectives are intended to address. These factors, in turn, determine the costs of providing the facilities needed to support the new population and also influence the qualities of non-residential (commercial, industrial, and institutional) growth in the County. Conclusion Given the growth trends facing Isle of Wight County, a philosophy of growth management was forged in 1991 that can be basically described as a "contained growth" strategy. This philosophy provided for management of the location of future County growth by designating three DSDs for containment of the majority of expected development. This strategy permits more efficient future targeting of investments in transportation improvements as well as in improvements to, or expansion of, sewer and water facilities. Containment of the majority of County growth in these three districts within the County requires less land to be consumed County-wide by future land uses and, therefore, permits retention of rural character in other areas of the County. Maintenance of rural densities in these areas will minimize demand for public and capital investment and capital improvements permitting the County to target future capital improvements to "contained growth" areas. These improvements can then be considered more cost-effective as public investments will be focused in areas where the greatest concentration of users or beneficiaries exist to use them. Development in these three districts will take advantage of existing higher capacity transportation thoroughfares (Rt. 10/17, Rt. 460, and Rt. 58 corridors) in the County and reduce the potential for negative environmental impacts to sensitive resources in County locations outside targeted growth areas. The "contained growth" philosophy is supported by a number of studies conducted nationwide in recent years which have evaluated the differences in impact on social, environmental and economic resources resulting from alternative development patterns. Noteworthy among such studies is one undertaken jointly at the Federal level by the Council on Environmental Quality, the Department of Housing and Urban Development and Environmental Protection Agency. The conclusions of their research are documented in The Costs of Sprawl published in 1974. A number of more recent studies have detailed the differences in cost between sprawl and more contained growth patterns (Duncan 1989, Frank 1989, and Burchell 1992). Taken together, these three studies show that contained or “smart” development consumes 45% less land, costs 25% less for roads, 15% less for utilities, 5% less for housing, and costs 2% less for other fiscal impacts (Burchell and Listokin, 1995). Another way to express the costs of sprawl is to examine the cost of providing services to a single dwelling unit in different development patterns. A study performed by James Frank in 1989 for the Urban Land Institute (ULI) titled The Costs of Alternative Development Patterns, did this by Comprehensive Plan 4-6 Isle of Wight County, Virginia reviewing 40 years of fiscal impact studies and expressing their results in 1987 dollars. His conclusions, summarized in the table below, are that it costs more to service homes in low-density developments located far from public service centers. The original 1987 dollar amounts were updated to 2003 dollars using the method referenced below. Table 4-2 Capital Cost of Services for a Single Dwelling Unit Development Pattern Capital Cost (1987 Dollars) Capital Cost (2003 Dollars*) Smart growth (mix of housing types) $18,000 $29,148 Low density sprawl $35,000 $56,675 Low density sprawl, 10 miles from existing development $48,000 $77,727 Source: Burchell and Listokin, Land Management, Housing Costs and Fiscal Impacts Associated with Growth: The Literature on the Impacts of Sprawl versus Managed Growth, Lincoln Institute for Land Policy, 1995 *Converted from 1987 dollars to 2003 dollars using the formula provided by Economic History Services that is based on the Consumer Price Index. Stated in general terms, the major conclusion of research is that, for a fixed number of households, “sprawl” is the most expensive form of residential development in terms of economic costs, environmental costs, natural resource consumption and many types of personal costs. The County needs to encourage development in areas where adequate public facilities exist or can be efficiently provided. Management of the location of growth is but one of many growth management measures designed to achieve County objectives. Management of the costs of development, particularly in those areas where future development is to be contained, is also important components of the County’s growth management strategy. Finally, the qualities of development need to be afforded attention through adoption of land use controls, which include quality of site design and environmental protection performance standards particularly where higher development densities are to be contained. Conservation Development Practices, Overlay zones and development guidance systems (see the Land Use Plan element) will be required to minimize environmental impacts and public costs, and foster quality in site design as threshold requirements for development approval through conditional rezoning. In summary, the primary purpose of the Comprehensive Plan is to manage future County growth, recognizing that a serious commitment to this objective requires management of growth's rate, location, quality and costs. Only through treatment of all these aspects of growth can real results be anticipated. The following elements of the Plan, particularly the Land Use Plan Element, establish detailed policies, which serve to implement these growth management concepts. Comprehensive Plan 4-7 Isle of Wight County, Virginia Growth Management Issues While the topic of growth management encompasses many aspects of County growth and development, it most strongly relates to land use planning. Existing and future land use patterns will affect such things as: planning for water, sewer, and other community facilities; planning for roads; planning for economic development; agricultural preservation; opportunities for affordable housing; protection of sensitive environmental features; natural resource management; etc. Decisions made concerning land use affect most other aspects of County growth management. Early in the process of developing the 1991 Comprehensive Plan a number of growth and development issues and concerns were identified by County residents and a Plan Advisory Committee formed at that time. Many of these issues and concerns have been re-affirmed, and others have been identified by a Citizens Advisory Committee formed in 1998 to guide the update of the 2001 plan. These issues and concerns form the basis for establishing growth management objectives for Isle of Wight County. They include:  The need to accommodate new growth (residential, commercial, and industrial) in an orderly fashion with respect to location considerations, environmental and economic impacts, and quality of development.  The need to preserve rural character, which includes agriculture, open space, low taxes, low crime rate, and a strong sense of community.  The need to preserve the agricultural and seafood industries and traditions within the County.  The need to conserve and protect the County's natural resources and environmentally sensitive areas.  The need to provide additional commercial and industrial opportunities within the County to maintain a favorable tax base and mix of employment opportunities.  The need to provide needed community facilities in a cost-efficient manner so that new development pays a “fair-share” of the costs associated with additional demand.  The need to plan ahead for future road improvements and new alignments with consideration given to avoiding congestion and the appearance of future County highway development.  The need to improve cultural and recreational amenities such as libraries, parks, historic sites, and waterfront access which will improve the quality of life for County residents.  The need to encourage the provision of a variety of housing opportunities, ranging in type and affordability, which are compatible with the existing high-quality residential character Comprehensive Plan 4-8 Isle of Wight County, Virginia of the County.  The need to improve coordination/cooperation between the County and incorporated jurisdictions, both within and adjacent to Isle of Wight, regarding growth management. Growth Management and Land Use Goals and Objectives Objectives  Discourage growth in areas with significant natural development constraints such as environmentally sensitive areas and natural resource areas.  Direct the majority of future County development to areas already served, or proposed to be served, with adequate public facilities such as sewer, water, roads, schools, etc., consistent with approved plans for the phasing of these improvements.  Limit future suburban sprawl in rural and agricultural areas where adequate public facilities do not exist or where their provision would not be cost-effective.  Preserve farmland, forested areas, open space, and rural character.  Discourage strip development along County roads and highways for both traffic safety and aesthetic reasons.  Require that adequate public facilities are in place or will be in place according to an approved phasing plan prior to development approval, regardless of where the development is located.  Provide land areas for balanced future commercial and industrial development in locations, which are compatible with existing and planned residential development.  Encourage future growth to pay a “fair-share” of the associated costs for additional public facilities and services for which new development generates demand.  Improve the quality of future development and redevelopment in DSDs through improved site planning, landscaping and development design guidelines that foster a clear sense of neighborhood and community. GOAL: To guide future development into an efficient and serviceable form which is protective of the County's predominantly rural character. Comprehensive Plan 4-9 Isle of Wight County, Virginia  Encourage new development within DSDs, UDAs, and designated activity centers to consider incorporating traditional neighborhood design (TND) concepts that are reflective of the characteristics of small older communities of the late 19th and early 20th centuries. These design concepts include smaller front yards and the appearance of a clearly defined streetscape; mixed land uses; grid street patterns; emphasis on pedestrian circulation; intensively used open spaces and architectural character which together foster a sense of community.  Identify and preserve historic and/or architecturally significant areas, sites, buildings, and properties within the County.  Coordinate County growth management plans with plans and policies of the incorporated Towns of Smithfield and Windsor, and adjacent jurisdictions.  Preserve the unique character of the County's many existing small rural villages. Growth Management Concept The County growth management concept is best reflected through the Land Use Concept plan map (Map 2-1). The map identifies those locations most appropriate for future development as well as areas of the County where development should be limited to protect rural character or protect sensitive environmental resources. The Land Use Concept plan provides the basis for targeting future investments in public infrastructure to support development in appropriate locations. The growth management concept, at the broadest level includes three major categories of land use. They include: Resource Conservation Areas which include areas dominated by environmental features which are particularly sensitive to development. These areas include Resource Protection Areas as defined by the Chesapeake Bay Preservation Act. Rural Service areas which are further dis-aggregated into two land use planning districts that are rural in their orientation. They include: • Rural Agricultural Conservation Districts, and • Village Centers Development Service Districts which are further dis-aggregated into seven nine land use planning districts. They include: • Resource Conservation Areas • Conservation Development Areas Comprehensive Plan Isle of Wight County, Virginia • Civic Areas • Suburban Estate Residential Areas • Suburban Residential Areas • Urban Residential Areas • Mixed Use Activity Areas • Business and Employment Areas • Resource Protection Areas (located both within and outside Development Service Districts) In addition to these broad categories of land use, the growth management concept outlined in this chapter identifies the Highway Corridor Overlay District as a special area of concern intended to address architectural and aesthetic controls as well as special access and buffering requirements along the County's major highways. This district is described at the end of this chapter Map 4-1 identifies the location of most of these planning districts. Within areas denoted Development Service Districts on map 4-1, only those portions designated as Mixed Use Activity Centers are shown. The location of other sub-categories of land use proposed and their location and extent within each of the Development Service Districts are shown on maps 4-2 through 4-4 for each development service district respectively. Table 4-2 provides a detailed description of each of the proposed Land Use plan Areas or districts. Co m p r e h e n s i v e P l a n 4 - 1 1 I s l e o f W i g h t C o u n t y , V i r g i n i a Ta b l e 4 - 2 PR O P O S E D L A N D U S E D I S T R I C T S IS L E O F W I G H T C O U N T Y C O M P R E H E N S I V E P L A N La n d U s e D i s t r i c t Lo c a t i o n Ch a r a c t e r Ap p r o p r i a t e L a n d U s e Re s o u r c e A r e a s Re s o u r c e Co n s e r v a t i o n Ar e a Ar e a s d o m i n a t e d b y e n vi r o n m e n t a l f e a t u r e s wh i c h a r e p a r t i c u l a r l y s e n s i t i v e t o de v e l o p m e n t ( e . g . w e t l a n d s , f l o o d p r o n e ar e a s , s t r e a m s a n d s t r e a m b u f f e r s , u n i q u e ha b i t a t a r e a s a n d R e s o u r c e P r o t e c t i o n A r e a s as d e f i n e d b y t h e C h e s a p e a k e B a y Pr e s e r v a t i o n A c t ) . I n c l u d e s s u b s t a n t i a l l a n d ar e a s i n t h e J a m e s R i v e r a n d t h e B l a c k w a t e r Ri v e r w a t e r s h e d s . Ch a r a c t e r i s r e f l e c t e d i n e n v i r o n m e n t a l fe a t u r e s i n c l u d i n g e x t e n s i v e w e t l a n d s , fl o o d p r o n e a r e a s , e s t u a r i e s , a n d s t r e a m sy s t e m s . Ch a r a c t e r i s l a r g e l y u n d e v e l o p e d w i t h l a n d co v e r d o m i n a t e d b y w e t l a n d s , f o r e s t c o v e r or f a r m l a n d . We t l a n d s , F a r m s a n d F o r e s t U s e s . Op e n S p a c e a n d L i m i t e d P a r k F a c i l i t i e s i n ap p r o p r i a t e l o c a t i o n s . Gr e e n w a y s , b l u e w a y s a n d t r a i l s i n ap p r o p r i a t e l o c a t i o n . Ru r a l S e r v i c e D i s t r i c t s Ru r a l / A g r i c u l t u r a l Co n s e r v a t i o n Th i s l a n d u s e t y p e i s i n t e n d e d t o c o v e r t h e va s t m a j o r i t y o f t h e C o u n t y t h a t i s o u t s i d e th e d e v e l o p m e n t s e r v i c e d i s t r i c t s a n d en c o m p a s s e s t h e l a r g e a r e a s d e v o t e d t o ag r i c u l t u r e a n d f o r e s t l a n d . Do m i n a t e d b y a g r i c u l t u r a l l a n d a n d fo r e s t e d a r e a s , t h e s e a r e a s c o n t a i n t h e m a i n la n d r e s o u r c e b a s e i n t h e C o u n t y . S m a l l gr o u p i n g s a n d s c a t t e r e d r e s i d e n t i a l u s e s d o t th e l a n d s c a p e . Wh i l e t h e t e n d e n c y i s f o r n e w d e v e l o p m e n t to b e s t r i p p e d o u t a l o n g t h e r o a d s , t h e fa r m s t e a d c l u s t e r s h o u l d b e e n c o u r a g e d a s th e p r e f e r r e d m o d e l f o r f u t u r e r u r a l de v e l o p m e n t . Ag r i c u l t u r e , h o r t i c u l t u r e , f o r e s t l a n d s , a n d sc a t t e r e d r e s i d e n t i a l d e v e l o p m e n t a t a l o w de n s i t y . No n - f a r m u s e s , s u c h a s r e s o u r c e ex t r a c t i o n , a n d s m a l l scale processing of th e a g r i c u l t u r a l a n d f o rest products may be a c c o m m o d a t e d w h e n a p p r o p r i a t e l y si t e d . Vi l l a g e Ce n t e r Th e s e a r e a s c o m p r i s e t h e s m a l l c o m m u n i t i e s ou t s i d e t h e d e v e l o p m e n t s e r v i c e d i s t r i c t lo c a t e d a t r u r a l c r o s s r o a d s t h a t s e r v e a s t h e in s t i t u t i o n a l , c o m m e r c i a l , s o c i a l a n d re l i g i o u s f o c a l p o i n t s o f r u r a l a r e a s w i t h i n th e C o u n t y . . Th e s e a r e a s a r e c h a r a c t e r i z e d b y c l u s t e r s o f re s i d e n t i a l d e v e l o p m e n t s u r r o u n d i n g pr e d o m i n a t e l y s m a l l s ca l e c o u n t r y s t o r e s , ch u r c h e s a n d o t h e r e s s e n t i a l s e r v i c e s o f t h e ru r a l c o m m u n i t y . De t a c h e d s i n g l e f a m i l y r e s i d e n c e s Li m i t e d c o m m e r c i a l , s o c i a l , r e l i g i o u s a n d in s t i t u t i o n a l u s e s t h a t p r e d o m i n a t e l y s e r v e th e r e s i d e n t s o f t h e r u r a l s e r v i c e a r e a . La n d U s e D i s t r i c t Lo c a t i o n Ch a r a c t e r Ap p r o p r i a t e L a n d U s e De v e l o p m e n t S e r v i c e D i s t r i c t s Co n s e r v a t i o n De v e l o p m e n t Ar e a Ar e a s w h i c h a r e c u r r e n t l y u n d e v e l o p e d n e a r or a d j a c e n t t o e n v i r o n m e n t a l r e s o u r c e s wh i c h a r e s e n s i t i v e t o d i s t u r b a n c e s Cu r r e n t l y r u r a l w i t h l a n d c o v e r d o m i n a t e d by f a r m a n d f o r e s t u s e s w i t h s o m e l i m i t e d , la r g e l o t ( o v e r 2 a c r e s i n s i z e ) s i n g l e f a m i l y Fa r m a n d F o r e s t U s e s . Si n g l e F a m i l y R e s i d e n t i a l d e v e l o p m e n t i n Co m p r e h e n s i v e P l a n 4 - 1 2 I s l e o f W i g h t C o u n t y , V i r g i n i a as s o c i a t e d w i t h l a n d d e v e l o p m e n t Ar e a s r e m o v e d f r o m m a j o r t r a n s p o r t a t i o n ro u t e s o r p l a n n e d l o c a t i o n s f o r p u b l i c s e w e r an d w a t e r f a c i l i t i e s . de v e l o p m e n t . In m a n y c a s e s s e r v e s a s a n e d g e d i s t r i c t be t w e e n s u b u r b a n r e s i d e n t i a l o r s u b u r b a n es t a t e s a r e a s a n d r e s o u r c e c o n s e r v a t i o n ar e a s . Fu t u r e D e v e l o p m e n t f o r m i s g e n e r a l l y v e r y lo w d e n s i t y , c l u s t e r e d i n f o r m , w i t h 5 0 % o r mo r e o f s i t e s d e v e l o p e d m a i n t a i n e d i n fa r m , f o r e s t o r o p e n s p a c e . ei t h e r l a r g e l o t f o r m ( 5 a c r e s ) o r i n cl u s t e r e d f o r m w i t h s m a l l e r l o t s a n d su b s t a n t i a l a r e a s r e t a i n e d i n f a r m , f o r e s t , or o p e n s p a c e u s e s . De n s i t i e s o f a p p r o x i m a t e l y 1 u n i t p e r f i v e (5 ) a c r e s w i t h d e n s i t i e s a d j u s t e d de p e n d i n g o n t h e p r e s e n c e o f s e n s i t i v e re s o u r c e s ( w e t l a n d s a n d f l o o d p l a i n s ) . Li m i t e d P u b l i c a n d s e m i - p u b l i c u s e s wh i c h a r e s u p p o r t i v e o f r e s o u r c e pr o t e c t i o n , c o n s e r v a t i o n , a n d o p e n s p a c e us e s . Ci v i c Ar e a s w h i c h a r e c u r r e n t l y d e v e l o p e d o r a r e pr o p o s e d t o d e v e l o p f o r a c i v i c o r in s t i t u t i o n a l u s e s u c h a s s c h o o l s , p a r k s , mu n i c i p a l u s e s , p o l i c e , a n d e m e r g e n c y se r v i c e s . Ar e a s s h o u l d b e a d j a c e n t t o m a j o r in t e r s e c t i o n s o r t r a n s p o r t a t i o n r o u t e s a n d ex i s t i n g o r p r o p o s e d s e w e r a n d w a t e r fa c i l i t i e s . De v e l o p m e n t s h o u l d p r o v i d e o p p o r t u n i t i e s fo r e x t e n s i o n o f c o l l e c t o r s t r e e t s t o in t e r c o n n e c t w i t h a d j a c e n t s i t e s , a s w e l l a s pe d e s t r i a n f a c i l i t i e s , w h e r e a p p r o p r i a t e . Ch a r a c t e r s h o u l d b e o f a h i g h q u a l i t y a s ci v i c i n s t i t u t i o n s a r e i m p o r t a n t b e n c h m a r k s fo r t h e c o m m u n i t y . T h i s s h o u l d b e ac h i e v e d t h r o u g h l a n d s c a p i n g s t a n d a r d s , sp e c i f i c d e v e l o p m e n t d e s i g n , p u b l i c a c c e s s , an d p r o t e c t i o n o f o p e n s p a c e w h e r e ap p r o p r i a t e . Pu b l i c f a c i l i t i e s s u c h a s m u n i c i p a l o f f i c e s , sc h o o l s , l i b r a r i e s , p o l i c e , f i r e a n d r e s c u e , an d p a r k s . Co m p r e h e n s i v e P l a n 4 - 1 3 I s l e o f W i g h t C o u n t y , V i r g i n i a Su b u r b a n Es t a t e Lo c a t i o n s s u i t a b l e f o r d e v e l o p m e n t t h a t h a v e or w i l l h a v e a c c e s s t o p u b l i c s e w e r a n d wa t e r , b u t a r e n o t i m m e d i a t e l y a d j a c e n t t o re m o v e d f r o m m a j o r t r a n s p o r t a t i o n r o u t e s . Wh i l e a r e a s a l r e a d y d e v e l o p e d e x i s t , n e w ar e a s w o u l d g e n e r a l l y n o t b e l o c a t e d ad j a c e n t t o M i x e d U s e A c t i v i t y C e n t e r s o r Bu s i n e s s a n d E m p l o y m e n t C e n t e r s , an d wo u l d s e r v e a s a t r a n s i t i o n f r o m t h e Co u n t y ’ s d e n s e s t r e s i d e n t i a l a r e a s t o t h e ru r a l a r e a s o n t h e s e r v i c e d i s t r i c t f r i n g e . Ex i s t i n g a r e a s w i t h a d e n s i t y o f 1 t o 2 u n i t s pe r a c r e ( . 5 t o 1 a c r e l o t s ) , s u c h a s Ca r r i s b r o o k a n d C a r r o l l t o n F o r e s t , a r e in c l u d e d i n t h e s e a r e a s . De v e l o p m e n t w o u l d b e l i m i t e d t o s i n g l e fa m i l y r e s i d e n t i a l d e v e l o p m e n t a t d e n s i t i e s ra n g i n g f r o m . 5 t o 1 1 t o 3 un i t s p e r a c r e (40 , 0 0 0 s q / f t t o 1 4 , 0 0 0 s q / f t 1 t o 2 a c r e l o t si z e s ) . Ex t e n s i o n o f e x i s t i n g s t r e e t s t o i n t e r c o n n e c t wi t h a d j a c e n t s i t e s o f s i m i l a r c h a r a c t e r sh o u l d b e e n c o u r a g e d is r e q u i r e d t o t h e fu l l e s t e x t e n t p o s s i b l e . L o o p l a n e s a n d ro a d s , r a t h e r t h a n c u l - d e - s a c s a r e p r e f e r r e d . Ch a r a c t e r w o u l d b e d e f i n e d a n d e s t a b l i s h e d by l a n d s c a p i n g s t a n d a r d s , d e v e l o p m e n t de s i g n s t a n d a r d s , p r o v i s i o n f o r p a r k s , co m m o n a r e a s a n d o p e n s p a c e a n d co n s e r v a t i o n d e v e l o p m e n t p r a c t i c e s . Si n g l e f a m i l y d e t a c h e d r e s i d e n t i a l de v e l o p m e n t i n t y p i c a l o r c l u s t e r e d f o r m . Ne i g h b o r h o o d p a r k s a n d p l a y g r o u n d s . Op e n s p a c e , i n c l u d i n g s e n s i t i v e n a t u r a l fe a t u r e s s u c h a s w e t l a n d s , f l o o d p r o n e ar e a s , f o r e s t c o v e r , a n d o t h e r f e a t u r e s t h a t re f l e c t i m p o r t a n t c u l t u r a l l a n d s c a p e el e m e n t s o r v i e w s h e d s t h a t s h o u l d b e pr o t e c t e d o r r e t a i n e d . De v e l o p m e n t s h o u l d b e c o m p a c t i n f o r m , wi t h t r a i l s l i n k e d t o a n y f u t u r e G r e e n w a y sy s t e m o f t r a i l s . La n d U s e D i s t r i c t Lo c a t i o n Ch a r a c t e r Ap p r o p r i a t e L a n d U s e De v e l o p m e n t S e r v i c e D i s t r i c t s Su b u r b a n Re s i d e n t i a l Th e s e l o c a t i o n s a r e i n c l o s e p r o x i m i t y t o ma j o r t r a n s p o r t a t i o n r o u t e s a n d e x i s t i n g o r pr o p o s e d s e w e r a n d w a t e r f a c i l i t i e s . A r e a s pr o p o s e d a s s u b u r b a n r e s i d e n t i a l a r e la r g e l y me a n t t o s e r v e a s a t r a n s i t i o n f r o m S u b u r b a n Es t a t e t o U r b a n R e s i d e n t i a l , ad j a c e n t t o Mi x e d U s e A c t i v i t y C e n t e r s , an d Bu s i n e s s & Em p l o y m e n t a r e a s , o r a d j a c e n t t o re s i d e n t i a l l y d e v e l o p e d a r e a s w i t h i n t h e To w n s . De v e l o p m e n t co u l d i n c l u d e s i n g l e f a m i l y or d u p l e x r e s i d e n t i a l d e v e l o p m e n t wo u l d b e li m i t e d t o a at de n s i t y ie s o f u p t o 4 3 t o 5 un i t s p e r a c r e ( . 2 5 t o 1 a c r e 14 , 0 0 0 s q / f t t o 8, 5 0 0 s q / f t lo t s i z e s ) De v e l o p m e n t s h o u l d p r o v i d e o p p o r t u n i t i e s fo r e x t e n s i o n o f c o l l e c t o r s t r e e t s t o in t e r c o n n e c t w i t h a d j a c e n t s i t e s o f s i m i l a r ch a r a c t e r . T r a d i t i o n a l g r i d o r m o d i f i e d g r i d pa t t e r n s a n d l o o p l a n e s r a t h e r t h a n c u l - d e - sa c s w o u l d b e e n c o u r a g e d . Ch a r a c t e r w o u l d b e d e f i n e d b y l a n d s c a p i n g st a n d a r d s , s p e c i f i c d e v e l o p m e n t d e s i g n co d e s a n d s t a n d a r d s , p r o v i s i o n f o r ne i g h b o r h o o d p a r k s , c o m m o n a r e a s a n d op e n s p a c e a n d c o n s e r v a t i o n d e v e l o p m e n t pr a c t i c e s t h a t m a y p e r m i t c l u s t e r i n g o f de v e l o p m e n t a s a t r a d e - o f f f o r r e t e n t i o n o f op e n s p a c e . Si n g l e f a m i l y d e t a c h e d o r m u l t i f a m i l y du p l e x re s i d e n t i a l d e v e l o p m e n t . Ne i g h b o r h o o d p a r k s a n d p l a y g r o u n d s . Op e n s p a c e , i n c l u d i n g s e n s i t i v e n a t u r a l fe a t u r e s s u c h a s w e t l a n d s , f l o o d p r o n e ar e a s , f o r e s t c o v e r , a n d o t h e r f e a t u r e s t h a t re f l e c t i m p o r t a n t c u l t u r a l l a n d s c a p e el e m e n t s o r v i e w s h e d s t h a t s h o u l d b e pr o t e c t e d o r r e t a i n e d . De v e l o p m e n t s h o u l d b e c o m p a c t i n f o r m , wi t h t r a i l s l i n k e d t o a n y f u t u r e G r e e n w a y sy s t e m o f t r a i l s . Pu b l i c a n d s e m i - p u b l i c u s e s ( e . g . s c h o o l s , li b r a r i e s , c h u r c h e s ) m a y b e a p p r o p r i a t e wh e n c l o s e l y r e l a t e d t o t h e s c a l e a n d in t e n s i t y o f r e s i d e n t i a l u s e s . Ur b a n R e s i d e n t i a l Th e s e l o c a t i o n s a r e d e s i g n a t e d t o De v e l o p m e n t w i t h d e n s i t i e s o f 5 t o 1 0 u n i t s A w i d e r a n g e o f r e s i d e n t i a l t y p e s , Co m p r e h e n s i v e P l a n 4 - 1 4 I s l e o f W i g h t C o u n t y , V i r g i n i a ac c o m m o d a t e d e v e l o p m e n t a t a h i g h e r , la r g e l y r e s i d e n t i a l , d e n s i t y . T h e y s h o u l d b e lo c a t e d a t e x i s t i n g o r f u t u r e m a j o r r o a d in t e r s e c t i o n s , w h e r e p u b l i c s e w e r a n d w a t e r ar e p r o p o s e d w i t h a c a p a c i t y f o r m o r e in t e n s i v e d e v e l o p m e n t . Ar e a s p r o p o s e d U r b a n R e s i d e n t i a l s h o u l d b e ad j a c e n t t o M i x e d U s e A c t i v i t y C e n t e r s , Bu s i n e s s & E m p l o y m e n t a r e a s , o r a d j a c e n t to h i g h l y d e v e l o p e d a r e a s w i t h i n t h e T o w n s pe r a c r e ( 8 , 5 0 0 s q / f t t o 4 , 0 0 0 s q / f t l o t s i z e ) , in c l u d i n g s i n g l e f a m i l y o r m u l t i f a m i l y re s i d e n t i a l d e v e l o p m e n t . De v e l o p m e n t s h o u l d p r o v i d e f o r e x t e n s i o n of c o l l e c t o r s t r e e t s to i n t e r c o n n e c t w i t h ad j a c e n t s i t e s . L a y o u t s h o u l d b e t r a d i t i o n a l gr i d o r m o d i f i e d g r i d p a t t e r n s r a t h e r t h a n cu l - d e - s a c s . Ch a r a c t e r s h o u l d b e d e f i n e d b y l a n d s c a p i n g st a n d a r d s , s p e c i f i c d e v e l o p m e n t d e s i g n co d e s a n d s t a n d a r d s , p r o v i s i o n f o r ne i g h b o r h o o d p a r k s , c o m m o n a r e a s a n d op e n s p a c e a n d c o n s e r v a t i o n d e v e l o p m e n t pr a c t i c e s t h a t m a y p e r m i t c l u s t e r i n g o f de v e l o p m e n t a s a t r a d e - o f f f o r r e t e n t i o n o f op e n s p a c e . in c l u d i n g s i n g l e f a m i l y d e t a c h e d o n s m a l l lo t s , s i n g l e f a m i l y a t t a c h e d a n d to w n h o u s e s , a n d a p a r t m e n t s . Ex i s t i n g C o m m e r c i a l Shopping Centers an d r e l a t e d r e t a i l s a l e s e s t a b l i s h m e n t . Ex i s t i n g c u l t u r a l , r e l i g i o u s , a n d ed u c a t i o n a l f a c i l i t i e s . Mi x e d U s e Ac t i v i t y Ce n t e r Th e s e a r e a s a r e d e s i g n a t e d f o r a m i x t u r e o f us e s a t e x i s t i n g o r f u t u r e m a j o r r o a d in t e r s e c t i o n s , w h e r e p u b l i c s e w e r a n d w a t e r ar e p r o p o s e d w i t h a c a p a c i t y f o r m o r e in t e n s i v e d e v e l o p m e n t . A c t i v i t y C e n t e r s sh o u l d c o n s i s t o f l a r g e t r a c t s t h a t a l l o w f o r ex t e n s i v e p l a n n i n g t o a c c o m m o d a t e a di v e r s i t y a n d i n t e g r a t i o n o f u s e s Ar e a s a l r e a d y d e s i g n at e d f o r t o w n h o u s e s an d a p a r t m e n t s a l o n g w i t h e x i s t i n g m a j o r co m m e r c i a l f a c i l i t i e s a r e a l s o i n c l u d e d . De v e l o p m e n t wi t h d e n s i t i e s o f u p t o 1 0 - 1 2 14 u n i t s p e r a c r e . Hi g h e r d e n s i t i e s c a n b e co n s i d e r e d d u r i n g t h e r e v i e w p r o c e s s u s i n g de n s i t y b o n u s e s . Th e s e a c t i v i t y c e n t e r s a r e c h a r a c t e r i z e d b y a h i g h d e g r e e o f p l a n n i n g , w i t h a n em p h a s i s o n p e d e s t r i a n s c a l e a n d a h i g h st a n d a r d o f l a n d s c a p i n g , o p e n a n d p u b l i c sp a c e s , a n d b u i l d i n g d e s i g n . Us e o f t r a d i t i o n a l n e i g h b o r h o o d de v e l o p m e n t ( T N D ) p r i n c i p l e s s t r o n g l y en c o u r a g e d i n c l u d i n g m i x e d l a n d u s e s , cl e a r l y d e f i n e d s t r e e t s c a p e s u s i n g s m a l l e r fr o n t y a r d s o n n a r r o w l o t s t o f o s t e r a s e n s e of e n c l o s u r e a n d a r c h i t e c t u r a l c h a r a c t e r re m i n i s c e n t o f t h e l a t e 1 9 th a n d e a r l y 2 0 th Ce n t u r y . A w i d e r a n g e o f r e s i d e n t i a l t y p e s , in c l u d i n g s i n g l e f a m i l y d e t a c h e d o n sm a l l e r l o t s , s i n g l e f a m i l y a t t a c h e d a n d to w n h o u s e s , a n d a p a r t m e n t s . Ex i s t i n g o r p r o p o s e d C o m m e r c i a l Sh o p p i n g C e n t e r s a n d r e l a t e d r e t a i l s a l e s es t a b l i s h m e n t . Ex i s t i n g o r p r o p o s e d c u l t u r a l , r e l i g i o u s , an d e d u c a t i o n a l f a c i l i t i e s . Co m p r e h e n s i v e P l a n 4 - 1 5 I s l e o f W i g h t C o u n t y , V i r g i n i a Bu s i n e s s & Em p l o y m e n t Th e s e a r e a s a r e l o c a t e d a t e x i s t i n g o r f u t u r e ma j o r r o a d i n t e r s e c t i o n s o r w h e r e t h e r o a d s ar e a d e q u a t e t o a c c o m m o d a t e t r a f f i c f l o w s , an d w h e r e p u b l i c s e w e r a n d w a t e r a r e pr o p o s e d w i t h a c a p a c i t y f o r i n t e n s i v e de v e l o p m e n t . Pl a n n e d o f f i c e p a r k s a n d l a r g e i n d e p e n d e n t fa c i l i t i e s i n p a r k - l i k e o r c a m p u s s t y l e su r r o u n d s . No n - v e h i c u l a r l i n k s t o A c t i v i t y C e n t e r s a n d ad j o i n i n g r e s i d e n t i a l u s e s s h o u l d b e pr o v i d e d Of f i c e s a n d r e l a t e d s u p p o r t r e t a i l s e r v i c e s an d f a c i l i t i e s . C o m m u n i t y S h o p p i n g Ce n t e r s w h e n p l a n n e d a s i n t e g r a l fa c i l i t i e s . L i g h t m a n u f a c t u r i n g , r e s e a r c h an d d e v e l o p m e n t , a n d s i m i l a r c l e a n in d u s t r i a l u s e s c o n d u c t e d e n t i r e l y w i t h i n bu i l d i n g s t h a t a r e c o m p a t i b l e w i t h su r r o u n d i n g d e v e l o p m e n t . Pl a n n e d I n d u s t r i a l Lo c a t i o n s w i t h a c c e s s t o m a j o r h i g h w a y co r r i d o r s a n d / o r r a i l s e r v i c e a n d w h e r e pu b l i c s e w e r a n d w a t e r a n d o t h e r p u b l i c fa c i l i t i e s a r e o r w i l l b e a d e q u a t e t o ac c o m m o d a t e i n d u s t r i a l d e v e l o p m e n t . Ar e a s w h e r e e x i s t i n g i n d u s t r y a n d i n d u s t r i a l zo n i n g a r e i n c l u d e d i n t h e s e a r e a s . In d u s t r i a l a r e a s s h o u l d b e c o n f i n e d a r e a s de s i g n e d f o r p r o d u c t i o n a n d d i s t r i b u t i o n , ye t b u f f e r e d f r o m a d j o i n i n g r e s i d e n t i a l us e s . No n - v e h i c u l a r l i n k s t o A c t i v i t y C e n t e r s a n d ad j o i n i n g r e s i d e n t i a l u s e s s h o u l d b e pr o v i d e d Li g h t a n d h e a v y m a n u f a c t u r i n g , wa r e h o u s i n g a n d d i s t r i b u t i o n a c t i v i t i e s , an d a s s o c i a t e d u s e s . Co m m e r c i a l u s e s , l i m i t e d r e t a i l a n d se r v i c e s s u p p o r t i v e o f s u r r o u n d i n g in d u s t r i a l u s e s s h o u l d b e a l l o w e d . Comprehensive Plan 4-16 Isle of Wight County, Virginia These land use districts are described in terms of their respective roles in guiding and managing County growth and development. The description of plan area/districts includes discussion of the general types, intensities, and character of development which should be encouraged within. Land use districts are derived from a combination of factors including: existing land use patterns; projected growth and development trends; the natural capacity and suitability of the land to support development; the availability and adequacy (existing and proposed) of development infrastructure such as roads, sewer, and water; and the community goals and objectives contained in this Plan. The Land Use Plan Map, the characterization of proposed Land Use districts in Table 4-2 and the following text establish a framework and basis for further refined classification of land into zoning districts pursuant to plan adoption. In addition to serving as a general guide for land use policy, the growth management concept should also serve as a guide to County decision-makers regarding capital improvements programming for community facilities and transportation planning. Isle of Wight County is composed of a wide array of unique communities and landscapes. The County has in the past and will continue in the future to provide detailed area-specific plans and policies. The Comprehensive Plan includes many smaller area plans and efforts and are adopted as components of the Plan as if fully set out in the Plan. These smaller area plans are not fully set out in the Comprehensive Plan but are included by reference and are included in the appendices of this document. These documents are separate, complete, stand-alone documents. These plans are components of the Comprehensive Plan and should be consulted for specific proposals in the affected areas. The remainder of this chapter is dedicated to a discussion of the plan area/districts and the respective roles they are intended to play in guiding future land use and development in Isle of Wight County. Resource Conservation Areas The County's growth management objectives indicate that special emphasis should be placed on the preservation of natural resources, sensitive natural areas and waterfront areas. Given the exurban Hampton Roads development pressures, there will likely exist an almost unlimited demand for waterfront homesites in the County. Without a firm commitment to preserve the natural beauty and environmental resources in these areas, the County could find these important natural assets exploited. The Land Use Plan Map therefore designates land areas along all shoreline and tributary streams of the County as the Resource Conservation Areas. These areas include tidal and non-tidal wetlands which are adjacent to shorelines and tributary streams as well as floodplains, stream valleys, steep slopes, and soils with development constraints. The Resource Conservation Areas includes “Resource Protection Areas” (RPAs) and substantial land areas designated “Resource Management Areas” (RMAs) as defined by the Chesapeake Bay Preservation Act. The Preservation Act affects all drainage areas of the County, which impact Chesapeake Bay water quality. RPAs include: tidal wetlands, non-tidal wetlands connected by surface flow and contiguous to tidal wetlands or tributary streams; tidal shores; and a 100 foot vegetated buffer located adjacent to and landward of the above listed features. RMAs are provided contiguous to the entire inland boundary of the RPA. The following land features which should be most protected within RMA’s include: floodplains; highly erodible soils; highly permeable soils; non-tidal wetlands not included in the RPAs. The Plan's Resource Conservation Areas contains environmentally sensitive land areas both within the Chesapeake Bay watershed as well as the Blackwater River and other County watersheds, which drain Comprehensive Plan 4-17 Isle of Wight County, Virginia elsewhere besides the Bay. In most cases, only passive recreation use and low density residential development is appropriate in the Resource Conservation Areas provided development design is protective of environmentally sensitive features. The qualities of Isle of Wight's natural resources are an important component of the County's heritage and a major factor influencing the County's continued economic and environmental well being. Major areas of the County in the Resource Conservation Area include: The James River and Blackwater River, Pagan River and Jones Creek shorefront, and the man-made reservoirs such as Lake Burnt Mills, Lake Prince and Western Branch. This is not to suggest that these are the only areas of the County where resource conservation should be practiced, but rather, these are areas where the largest concentrations of environmentally sensitive features exist. Wherever resource constraints are present, development proposals should be carefully reviewed and mitigation measures prescribed. Performance standards for development within areas designated Resource Conservation Areas implement protection policies in order to achieve consistency with implementation requirements of the Chesapeake Bay Preservation Act. These standards provide that: • No development be permitted on slopes exceeding 15 percent where soils are unsuitable. • Development in floodplains should be limited and responsibly managed • Clearing of woodlands and forests should be minimized to the extent possible. • In general, only very limited low density residential development should be permitted in those areas of the Resource Conservation Area, which are developable. • When development does occur in the Resource Conservation Areas, all environmental impacts should be avoided and in cases where impacts do occur, mitigation measures should be employed. • The State and private conservation organizations should actively pursue programs to purchase and/or acquire easements for privately owned lands in the Resource Conservation Areas so they can be preserved. Rural Service Areas Rural/Agricultural Conservation District The Rural/Agricultural Conservation District is intended to maintain and conserve rural character and farmlands in County areas consistent with Comprehensive Plan objectives. Rural/Agricultural Conservation District land areas are intended to provide for a full range of agricultural and farming activities and related uses along with some low-density residential development. The conflicts between farming and rural non-farm development (residential) should be minimized as the needs of farming are acknowledged and non-farm development is accommodated as a subordinate use. When non-agricultural land uses extend into agricultural areas, farms often become the subject of nuisance suits. As a result, farmers are sometimes forced to cease operations. Many others are discouraged from Comprehensive Plan 4-18 Isle of Wight County, Virginia making investments in farm improvements. In recognition of the farmer's “right-to-farm” without being restricted by neighboring residential areas, hours of operation of farm equipment, restrictions on odor- producing fertilizers, and other restrictions designed to limit the perceived negative impacts associated with reasonable farming practices should not be imposed on farming activities within the Rural/Agricultural Conservation District. The general intent of the Rural/Agricultural Conservation District is to encourage farming and maintain rural qualities in areas so designated in the County. Rural/Agricultural Conservation, as a component of the Comprehensive Plan, is not limited to traditional farming but extends to all aspects of the County's rural character. Agricultural land refers not only to tilled fields, but also to open fields, pastures, and woodlands, which are either prospects for additional farm acreage or are valuable as they are for their many contributions to the environment and to the rural appearance of the County. Agriculturally related or support industries (farm implement dealers, supply services, storage and processing facilities, etc.) should be permitted within this district in recognition of the support they provide to the farming community. Residential Density Residential development and density in the Rural/Agricultural Conservation District should be minimized to avoid future conflicts between farming activities and rural homes. Three options are recommended for residential density in the Rural/Agricultural Conservation District. A property owner or developer should be able to choose the option which best suits their needs and objectives. The first density option is based on a sliding scale approach. Using this option, density is determined by the size of the parcel. The second option provides property owners the incentive of higher possible densities if certain standards of rural residential development are met. These density bonus incentive standards include such conditions as; development clustering, visual enhancement to reinforce rural character, rural highway access controls, and restricting sensitive lands or agricultural lands with conservation easements. The third option is the by-right sliding scale/clustering option. The Board adopted this third option in 2007 in response to the mandatory clustering provisions adopted by the General Assembly. These provisions mandate that the County must designate 40% of unimproved lands zoned residential and agricultural for “by-right” cluster development. Sliding-Scale Approach Under this option, the base density for lots of 20 acres or less should automatically be one (1) dwelling unit per ten (10) acres. One (1) additional lot should then be allowed for every additional 40 acres of original parcel size. A 100-acre parcel, for example, would yield four (4) lots. This provision is based on the assumption that parcels of 20 acres or less do not typically constitute adequate land area for productive farming operations, unless they represent specialized non-traditional farming (e.g. nurseries or orchards). The disadvantage of this approach is that, unless managed, it will most likely cause the creation of large lot subdivisions which are land consumptive and do not promote conservation of agricultural lands. To off-set this condition, property owners using the sliding-scale approach should be encouraged to reduce lot sizes through limited clustering provisions that require retention of 70 percent of the original tract size. Clustering/Sliding-Scale Provision Development utilizing the sliding scale approach will be “by-right” commensurate with the goals and objectives of the rural/agricultural conservation district to maintain the County’s rural character and preserve farmlands and forestal uses consistent with the Comprehensive Plan. The standards governing “by-right” development as described in the County’s zoning and subdivision ordinances shall be consistent with the regulations described in Section 15.2-2286.1 of the County of Virginia as amended. Comprehensive Plan 4-19 Isle of Wight County, Virginia The standards applicable to the clustering/sliding scale provision will reflect the following development criteria:  All residential lots created through the act of subdivision should be served by one point of access to County roads.  Residential structures in the subdivision should be located at least 100 feet from the existing County road right-of-way and screened from the right-of-way by an existing or planted landscaped buffer.  All residential structures should be setback at least 100 feet from all active farm operations.  A central water supply system may be provided to serve the subdivisions with over 14 lots.  Lots can be any size desired by the owner, typically ranging from one acre to five acres in size, provided the Health Department standards for septic systems are satisfied. Clustering/Density Bonus Approach As an alternative to the sliding scale approach and assuming public sewer is available, property owners may opt for higher densities as a method to achieve and provide for the County’s affordable housing needs in the rural areas of the community. Under this approach, the base residential density in the Rural/Agricultural Conservation District should be one (1) dwelling unit per 10 acres with at least 50% open space set aside, but may be increased to one (1) dwelling unit per eight (8) acres with at least 60% open space set aside, or one (1) dwelling unit per five (5) acres if at least 70% open space set aside. The five (5) development criteria referenced above with the clustering/sliding scale approach will also apply to the clustering/density bonus approach. Through the clustering/density bonus approach, the developer is able to decrease lot sizes in return for setting aside permanent open space while meeting the affordable housing needs of Isle of Wight County. This provides many benefits including lower land costs for the lot purchaser and decreased road construction costs since lots are grouped together as opposed to scattered throughout the site. The community benefits through provision of open space, farmlands and rural character Using this approach, a property owner with a 100-acre farm can create up to 20 lots (one (1) dwelling unit per five (5) acres) provided they are clustered onto 30 acres of the farm and the remaining 70 acres would be left for farming or open space. The homes would also have to be setback 100 feet from the County road and located on a single access road with driveways. Numerous individual drives onto County roads would not be allowed. The homes would have to be screened from County roadway view, thereby protecting rural character. Homes would also have to be setback from active agricultural operations in order to minimize farming impacts on home sites. The same scenario on a 40-acre property would yield eight lots on 12 acres and would leave 28 acres in open space or farming. Average lot size for lots on both the 100 and 40 acre parcel would be 1.5 acres. The open space land could be left in its natural state or maintained for farming or forestry purposes. Control of the open space land can be left with the original property owner or dedicated to a homeowners association. Land areas encumbered by natural development constraints such as wetlands should be included in the open space. Minimum lot sizes for clustered development in the Rural/Agricultural Comprehensive Plan 4-20 Isle of Wight County, Virginia Conservation district should be a function of soil suitability for septic tank systems. The above described residential density provisions recognize that while rural character and agricultural conservation are important County objectives, there remains a need to allow farmers and rural property owners to subdivide and sell single-family home lots as the need arises. The Plan recommends that rural residential subdivisions be directed to areas of the Rural/Agricultural Conservation District which have good proximity to existing residential areas and commercial and public services. Rural residential subdivisions should not be encouraged in remote areas where County roads are not adequate for increased traffic or in areas where existing agricultural activities predominate, such as in or near the County Voluntary Agricultural and Forestal Districts. The cluster approach described above was adopted by the County in 1997 as part of the new Zoning Ordinance. Previously the County had received proposals utilizing this approach or a variation of this approach, but the Board of Supervisors had denied the requests due to their remote location and lack of adequate roads to serve the proposed development. In 2005, the County approved the first rural cluster that employed the Density Bonus Approach. This development, called Lawnes Point, contains 155 lots on 1,550 acres and is located in the northern most portion of the county. Despite a greater number of established examples of development utilizing this approach, the County will retain this optional form of development for the rural services areas into the foreseeable future. The Rural/Agricultural Conservation Areas is therefore provided in the Comprehensive Plan to preserve rural character and open space, to foster agricultural activities and opportunities, and to protect valuable natural resources. It is further intended to prevent premature urbanization in areas where public utilities, roads and other public facilities are planned to meet rural needs only and where present public programs do not propose infrastructure suitable for development at higher densities. Village Centers Within the Rural/Agricultural Conservation Areas, there are several existing villages and crossroad settlements, which perform a number of important community functions. These include serving as centers for rural residential development and providing for commercial services for surrounding rural areas. The ability of these Centers to accommodate some portion of the future growth of the County is a function of their location and the existing scale of development and range of services provided to surrounding rural areas. Characteristics common to most of these rural Village Centers are the existence of homes, post offices, country stores, agricultural supply operations, home occupations, and structures which house public facilities or civic organizations (e.g. fire station, church, etc). The concept of the Village Center is included in the Comprehensive Plan in order to recognize and provide for the special needs of these rural centers. Originally, these centers included such places as Rescue, Battery Park, Zuni, Walters, Isle of Wight Courthouse, Rushmere, Orbit, Central Hill, Wills Corner, Uzzle's Church and Colosse. These Village Centers are often very different in size, character and function; however, each serves an important role to the surrounding area. In 2003, the Board of Supervisors removed the village center designation from Uzzle’s Church and Colosse at the request of the residents. With this Comprehensive Plan the village center designation was removed from two other rural service centers. Orbit and Wills Corners’ designations were removed due to changes in the character of these rural service centers. These former village centers do not provide or contain any civic facilities, social club facilities, church activities or business operations. These rural service centers serve a multitude of functions in Isle of Wight County. They range in scale Comprehensive Plan 4-21 Isle of Wight County, Virginia from a fork in the road where a general store and beauty parlor are located, to a rapidly expanding community that is beginning to emerge as a service center of regional scope. Their distribution throughout the County is shown on the Land Use Plan Map. Many have historic qualities such as Isle of Wight Courthouse, which suggests future development should be limited in scale and compatible in character. In spite of their unique individual qualities, these settlements share much in common, and collectively they play an important part in Isle of Wight County life. In general, these Village Centers tend to be basically residential in character, but also often offer some employment through limited commercial services as well as public or institutional uses. In general, the Village Centers are areas, which function as rural service centers. The County should preserve and enhance the present character of the Village Centers in order that they may continue to serve their traditional roles in County life. In the future, it is possible that additional Village Centers might be identified. However, their future designation should be a function of their need to serve as service centers in the context of their existing distribution in the County. These new Village Centers should be limited to providing the most basic commercial services for the convenience of the rural population. Generally, the areas shown as Village Centers should:  Remain small in population size.  Remain small in physical area.  Continue to provide limited, highly localized commercial services (such as a gas station or general store, etc.).  Continue to provide limited employment opportunity.  Have a population density greater than the surrounding rural areas which they serve.  Maintain a unique “sense of place” as identified by their existing character, scale, density and architectural style. The need for central water and sewer is not anticipated in the Village Centers. However, in Village Centers where land application of wastewater is a feasible treatment technology (i.e. soils are potentially suitable), these systems can allow greater clustering of residences and opportunities for commercial use. In order to assure the continued small size of the Village Centers, any central water or sewer system which is eventually provided should be built to serve land area and development only within the immediate proximity of the Village Center itself and not extend into adjacent rural areas. Village Center Boundary Delineation Project Until 2003, the village centers were without geographic outline and essentially appeared as places on the county map. The exception to this was Carrsville which had a boundary delineated in the 2001 Comprehensive Plan. In April of 2002, the County proceeded with the Village Center Boundary Delineation Project in order to establish the boundaries for the other village centers. At that time, the Board of Supervisors adopted steps for the project’s community planning process. These steps included the establishment of committees representing each village, committee meetings, public relations, community involvement and input, Planning Commission public hearings and Board of Supervisors public Comprehensive Plan 4-22 Isle of Wight County, Virginia hearings. The committees from each village center met and, with the assistance of the County’s Geographic Information Systems (GIS) technician, created a draft boundary for their village center. A public meeting was held for residents at which time they gave input to the draft delineation of the village center. The first meeting was held at Rescue where the residents believed that more of the surrounding area should be included within the village center. In order to keep the boundary of the village center relatively small as intended by the project, Rescue and, subsequently, the other village centers were given a boundary for both the village center and an expanded area called the community boundary, which establishes a sense of place and identity for residents outside but near each village center boundary. During the project process, the residents of Uzzle’s Church and Colosse decided not to participate in the project and requested withdrawal of the village center designation. The Board of Supervisors approved this request of the residents of these two rural centers. The result of this project was the creation of the Village Center Boundary Delineation Project document which contains maps for each village center and community boundaries. The document also contains a revised description for each village center. In May of 2003, the Board of Supervisors adopted this document as an addendum to the Comprehensive Plan to include the boundaries of the nine remaining village centers. The project document is available at the Department of Planning and Zoning. The revised Village Center descriptions and boundaries are herein incorporated. Battery Park First known as Pates Field until 1692, Battery Park is rich in history and experience. It is the first recorded village in the County. Battery Park’s history begins as early as 1607. It was near this village in an area known as Pagan Point that the Warrosquoyacke Indians lived and traded with Captain John Smith. Years later in 1690, the General Assembly authorized the building of towns or storehouses in every county exporting tobacco to accommodate the increase of production of this crop. Pates Field was designated as the Isle of Wight site. Its proximity to the Pagan and James River made it a prime location for shipping. The anticipation was that this designation by the General Assembly would create a booming town built around the wharf. And while it did not meet this expectation, those who reside in Battery Park find it quaint and enjoyable. After the Civil War, the village was renamed Battery Park for the rows of defense batteries placed there during the war. Before the construction of the James River Bridge, Battery Park had a steamboat dock with daily trips to and from Newport News and Norfolk. Oystering has traditionally been the major industry of the community with as many as three-fourths of its residents engaged in the business shortly after the turn of the 20th century. Furthermore, at one time Battery Park, along with other public seed oyster areas along the James River, was considered to be one of the largest and most productive public oyster seed areas in the world. Watermen traveled from other parts of the state to shuck oysters in this area. Unfortunately, oystering in Battery Park diminished in the early 1940’s prior to World War II. Many watermen left the waterways and took jobs in more factory-oriented professions. Located on the other side of Battery Park is the village of Rescue. For years these two villages were separated and people reached either side by some waterway craft. A bridge connecting Rescue and Battery Park was constructed in the early 1900’s. First constructed as a drawbridge, the bridge was difficult to move. Perhaps, more perplexing was the fact that the foundations of the first bridge were located on marshy land that caused the bridge to sink. This first bridge lasted until 1937, when it was replaced with Comprehensive Plan 4-23 Isle of Wight County, Virginia a bridge located south of the first. There is one church in Battery Park. The Battery Park Baptist Church is a dominant structure in the village. It was organized in 1899 and the church is located at the intersection of Warwick and Newport Street. Battery Park also has its own post office, located at the intersection of Todd Avenue and Warwick Street. The post office was established in 1892. The Village Center boundaries are shown on Map 4-2. The village center consists of the original platted lots located on Todd Avenue, Warwick Street, Battery Street, Newport Street, Park Street, River Avenue and Hampton Street. It continues southeast along Rescue Road ending at Battery Park/Rescue Bridge. Located within the village boundary are Battery Park Baptist Church, the post office, a small industrial business, and single-family residences. The Village of Battery Park is quite unique and quaint, and its character should be preserved. The map also shows the boundary for the larger community of Battery Park, which begins at Battery Park Road east of the Gatling Pointe and Gatling Pointe South Subdivision and transverses south to include Fair Hills Lane and Hayes Lane. Its eastern boundary is the Jones Creek and its northern boundary is the James River. Carrsville Carrsville is among the larger villages in land area in the County but in recent years has remained limited in population size due to limited public facilities available to service development. The Carrsville Elementary School, Post Office, and fire station are noteworthy community facilities in the village. The village is located along Route 58 near Suffolk. Significant amounts of new development in this area are not anticipated within the near five-year planning period but may occur at some future point in time concurrent with the extension of the Hampton Roads Sanitation District sewer facilities through this corridor. As development occurs in the Carrsville area, it should respect the village character of the development that is currently established in the area. The extent of the Carrsville Village Boundary is shown on Map 4-11. Central Hill The focal point in this village is the hill, on which a church sits overlooking residential homes and farming operations. Although it is uncertain where the name Central Hill originated, present day residents of the community believe that it indeed had something to do with the hill itself. Central Hill is known for its integral role in the lumbering industry, one of the largest industries in the County. The first lumbering operation in the village began in the late nineteenth and early twentieth century with the expansion of the Fergusson Brothers’ lumbering business in the Rushmere area and later with the Surry Lumber Company. The lumbering industry was present in Central Hill area until 1927. After lumbering operations ceased in Central Hill many of the employees, who migrated here for the work, decided to permanently reside in Central Hill in the housing that had been provided for them. County records show that in the same year the lumber business closed, land was platted in the Central Hill area. According to community residents the names of the avenues in the subdivision are named for the native state from which the workers migrated. The names of the avenues are Maryland, North Carolina, South Carolina, Virginia and Florida Avenue. Virginia Avenue was renamed Mount Olive Avenue after the Comprehensive Plan 4-24 Isle of Wight County, Virginia Mount Olive Apostolic Faith Holiness Church during the street naming process to avoid the duplication of street names (namely Virginia Avenue). A school was established in the 1924-1925 school session to educate the children of Central Hill and surrounding area. The school was located within the village center. The earliest church established in Central Hill was the Central Hill Baptist Church (circa 1885) located in the center of the village atop the hill. Records indicate that the name Central Hill came before the church, indicating that the church received its name from the village. Actually before the church was known as Central Hill Baptist it was Reedy Branch Baptist Church. Also located in Central Hill is Mount Olive Apostolic Faith Holiness Church, located on Mount Olive Avenue, which was established in 1941. The Village Center boundaries are shown on Map 4-3. The village center is essentially the original Central Hill subdivision for the Surry Lumber Company workers. It includes Maryland, North Carolina, South Carolina, Mount Olive and Florida Avenues. Central Hill Baptist Church, Mount Olive Apostolic Faith Holiness Church and a small general store are all located within the village center boundary. Although Central Hill is primarily a residential community, there is potential for limited commercial development in the village to provide essential goods and services to the Central Hill residents as well as other County residents in the surrounding rural areas. There may also be opportunity for the development of farm service and supply businesses. The map also shows the boundary for the larger community of Central Hill, which begins at Central Hill Road and Courthouse Highway (Route 258) and extends down Central Hill Road to Broadwater Road. The Community Boundary was meticulously drawn to ensure that areas that had its own identity, but not necessarily designated as a Village Center, were not included in the boundary. In addition, it was drawn as not to include property owners that felt they were not located in the Central Hill community. To this end, the boundary extends down Pope Swamp Trail and stops before what is known as the Whitely area. It includes only a small portion of Peanut Drive, and it extends down Whispering Pines Trail, stopping just before the campground. Lastly, the boundary does not include the parcel historically known as Scott’s Crossroads located at the corner of Central Hill Road and Foursquare Road. Moderate brick and wooden single-family residences on average-size lots characterize a large portion of the Central Hill community. However, there are a few larger brick homes that sit on fair amounts of property within the community boundary. Additionally, there is a peanut farm, cow pastureland, a hunt club and large farming fields located within the community boundary. Isle of Wight Courthouse The area now known as Isle of Wight Courthouse was open land used for farming and lumbering operations. Francis Boykin, a very popular and influential man in the County during the late 18th and very early19th century, owned a large tract of land in this area. He petitioned the county to move the courthouse from Smithfield to his property, which he and others claimed was a central location for all county citizens. He was also the owner of Boykins Tavern, built ca. 1780, located on the property next to the County Complex. Boykins Tavern was purchased by the County in 1973 and registered as a Virginia Historical Landmark and the National Register of Historical Places in 1974. The County recently renovated the tavern and conducts public tours. Since the County Courthouse and office complex are located here, Isle of Wight Courthouse Village differs from other village centers in the County. The significant weekday activity created by the government center, as well as Isle of Wight Academy, a post office, The Isle of Wight Christian Church Comprehensive Plan 4-25 Isle of Wight County, Virginia and a diner, coupled with the lack of a large residential base, creates a community that is truly unique. Businesses and services such as restaurants and offices, which would support this daily activity, should be encouraged. However, the form and appearance of such development should be controlled to ensure compatibility with the historically significant structures of the village. A few single-family residences are located in the village center are along Courthouse Highway (Route 258) and Poor House Road. New residential development should be encouraged but should be guided into a village form rather than stripped along Courthouse Highway. As the County seat, Isle of Wight Courthouse should be given special consideration and attention to ensure it will remain a source of public pride for County residents. The larger Isle of Wight Courthouse community boundary extends north to Harry Wilson Road, encompassing acres of farm and cattle pastureland. The boundary continues east to the intersection of Bob White Road and Poor House Road. Its southern boundary is designated along back property lines of parcels fronting on Poor House Road. The southern boundary crosses at Orbit Road and continues across Courthouse Highway. Its western boundary encompasses a portion of Central Hill Road and continues northwest along Trump Town Road. The Village Center Boundary and the larger Community Boundary are outlined on Map 4-4. Rescue This historic coastal village began as the subdivision of a farm in 1882. Because of its location on the eastside of the Jones Creek, approximately one-half of a mile from its mouth, it soon became a thriving harbor and a commercial dock for watermen engaged in fishing and oystering. The Jones Creek separates Rescue from Battery Park and Smithfield. As folklore has it, Rescue got its name because it was difficult to get mail to Rescue, which was delivered by mule and on a certain occasion, as the mule appeared in the fishing village; someone yelled that the mail had been “rescued”. With construction of the Rescue Bridge, connecting Rescue and Battery Park, the task of mail delivery was made easier, as well as travels to and from Smithfield. Prior to the construction of the bridge the residents had to go either by boat to Smithfield or drive the long way around by Titus Creek and Fulgham’s Bridge. The location of the bridge marks a historic location with the first bridge being constructed around 1913. The history of the bridge should be preserved as integral part of Rescue’s history. Rescue continues to retain the character of a close-knit rural fishing village and the integrity of this character is intended to be protected in delineating this Village Center. Within the Village Center are homes, two marinas, a restaurant, post office, and a community center (formerly the old Rescue school constructed in 1925, which currently serves as the meeting place for the Rescue Community League and Ruritan Club). There are also two historic churches located just outside of the Village Center boundaries, Riverview United Methodist Church (founded in 1887) and the Friends Church (founded in 1913). The Village Center boundaries are shown on Map 4-5. The map also shows the boundaries of the larger community of Rescue, which begins at the intersection of Boundary Road and Smith’s Neck Road and encompasses lands north and east to the James River, and west to the Jones Creek. Historically, Boundary Road has always been the dividing line separating the Rescue community from the Carrollton area. The historical boundary was used for documenting birth certificates, as well as for school districting. The Comprehensive Plan 4-26 Isle of Wight County, Virginia Jones Creek Boat Landing located at the end of Boundary Road is located in the Rescue community. Rushmere As the northwestern gateway into the County on Route 10, the Rushmere Village is an important area, which requires careful consideration of land use decisions. Originally, Rushmere was named Fegusson’s Wharf, after the large wharf built by a lumber businessman in the late nineteenth century. A bogie railroad track was built to transport lumber from the end of Track Lane to the wharf on the James River at the end of Ferguson’s Wharf Way, marking this crossroad at Old Stage Highway as a historic location in Rushmere. The old post office and general store were also located at this intersection and the Rushmere Volunteer Fire Department was constructed there in 1990. Although there is no longer any public access to the wharf and the old post office and general store have since closed, the historic significance of this intersection remains and should be preserved. The Village Center boundaries have been designated slightly north of the historic crossroad and are reflective of commercial activity that has developed at the intersection of Fort Huger Drive (Rt. 676) and Old Stage Highway (Rt. 10) with the location of a convenience store and the higher density residential development that exist in this area. A car wash is also proposed at this location and just north of the convenience store, approximately forty-two (42) acres of vacant land is zoned for more residential development. New development should be guided to areas off of Route 10 to create a more centralized and cohesive community and avoid the problems associated with strip development. The old school site is also located within the area of the Village Center boundaries, which presents an opportunity for cultural preservation. The Village Center boundaries are shown on Map 4-6 and a star has been marked to identify the historic area. The map also shows the boundaries of the larger community of Rushmere, which are mainly representative of the boundaries delineated by the Census Bureau designating Rushmere as a census designated place. The community borders the Surry line and extends approximately .4 mile south of the intersection of Burwells Bay Road (Rt. 621) and Old Stage Highway (Rt. 10), encompassing the Burwells Bay area. The first known recorded history in the Isle of Wight County was noted to have occurred in the Rushmere community when Captain John Smith stopped near Burwells Bay to trade beads with the Warrosquoyake Indians for food to save his starving colonists. The post office at Rushmere was first located at Burwells Bay as indicated by records dating back to 1834, and the first formal gardens in Virginia were located at a spot in Burwells Bay called “Shoal Bay”, where the lawn terraced down to the beach. In the 1920’s, the Burwells Bay area thrived as a small resort with a dance pavilion built over the water and contained a public acre along the deep waterfront of the James River where people could swim and have church picnics. The public acre, called “The Acre”, still exists and is now used for family retreats. Presently, Burwells Bay contains several single-family residential dwellings. The history of the Burwells Bay area should also be protected and preserved, and careful consideration should be given to any development proposed in the area to maintain the character of the existing community. Rushmere has traditionally been home to many watermen who conduct fishing and oystering activities from the Tyler’s Beach Boat Harbor, located further north along the James River. A County-owned boat ramp has been constructed and the harbor and channel have been dredged through the 1990’s. Additional dredging is needed and will be undertaken by the United States Army Corps of Engineers once a suitable disposal site is established. Tyler’s Beach remains an important harbor for watermen from throughout the region. Comprehensive Plan 4-27 Isle of Wight County, Virginia The historic Fort Huger, used during the Civil War, is also located within the Rushmere community. The County has taken steps to preserve this great historical treasure. Walters Located in the area formerly known as Ducksville, during the Civil War era, Walters has a rich history in the agricultural and industrial industry. As early as 1905 the old Virginian railroad passed through Walters delivering coal from the Alleghenies and West Virginia to Norfolk providing fuel for ocean-going vessels at Sewell’s Point. The railroad could have also provided a means of transportation for farming operations, like the Walters Cotton Ginning Company that operated from 1913-1929, to ship their goods or produce. The railroad passed through Walters until 1959 when it merged with Norfolk and Western. A post office was established in the village in 1912 and closed in 1963. It is one of two post offices in the county that operated for over fifty years. Citizens of Walters now receive their mail in the town of Windsor. Cox Heights, the first platted subdivision in Walters was also created in 1912. It is interesting to note the names given to the streets within the subdivision; Joyner, Bradshaw, and Cox. These are the last names of long lasting families in the County, dating back to the early nineteenth century. Duck’s store, a local grocery store, was located on the present site of Mount Carmel Christian Church. The church was organized in 1871. The present building was erected in 1900. Present day Walters is home to various private-farming operations where goats, cotton and other agricultural produce are raised or grown. A peanut buying facility is located on Bradshaw Avenue in the Cox Heights subdivision. The Village Center boundary is shown on Map 4-7. As the map indicates the village boundary begins at River Run Trail and Walters Highway and ends at Stevens Drive. Because the Villages of Walters extends linearly along a major corridor, future development should minimize direct, individual access to Route 258 to avoid excessive entrances and exits, which would impede the smooth flow of through traffic and create potential hazards. Currently, the village includes single-family residences, Mount Carmel Church (circa 1871), the Walters Ruritan Club facility, a general store, an agricultural supply/machinery store, farms, pastureland and Indika Farms, Inc. There are several vacant commercial structures in Walters which represent opportunities for future redevelopment and rehabilitation. The map also shows the boundaries of the larger Walters community, which begins, just between Colosse and Ballard Road. It extends linearly down Route 258, encompassing both sides of the highway and ends between Holly Run Drive and Lawrence Drive. Zuni Zuni, first established in 1870 as “Zuni Station”, was a train stop along the Norfolk Southern Railroad (formerly Norfolk and Petersburg Railroad). As a result of the excellent farmland in the surrounding area, Zuni has traditionally had a large peanut market and at one time a peanut factory. Local farmers used the train stop to transport bacon, fruits, vegetables, peanuts, and lumber. The word “Station” was dropped in 1880. This farming community is located six miles west of Windsor near the Southampton County border and continues to maintain railway access via the Norfolk Southern Railroad and has primary highway Comprehensive Plan 4-28 Isle of Wight County, Virginia transportation access along Route 460. The village has potential for development given its access to rail and highway transportation and proximity to the Blackwater River. However, care should be taken to preserve the rural character of the community and development should be focused rather than stripped along Route 460. Furthermore, as one of the gateways to the County, it is important that the form and appearance of new development in Zuni be managed to ensure an aesthetically pleasing and functional community, which allows for the safe and efficient movement of traffic along Route 460. Existing land uses in the Village Center include homes, a post office, dentist office, thrift shop, convenience store/gas station, Bethany Presbyterian Church and the Tabernacle of Praise Full Gospel Church. There are also several vacant commercial buildings, which represent opportunity for redevelopment and rehabilitation. The Village Center boundaries are shown on Map 4-8. The map also shows the boundaries of the larger community of Zuni, which are mainly representative of the postal boundaries. Future development and redevelopment in County Village Centers should provide for commercial expansion while preserving the community's rural character. Commercial development in Village Centers should be designed to be compatible with rural settings. New buildings should be rural in character, should respect the architectural character of existing buildings, and should be built with setbacks and building lines similar to other existing buildings, In addition, the use of natural materials such as brick, stone, wood siding and slate should be encouraged as opposed to galvanized metals, exposed concrete, plastics, or vinyls. Procedures should be adopted to ease the procedure for converting existing homes into commercial uses in order to encourage small commercial development serving agricultural, neighborhood and tourist needs. The Plan recommends specific planning and design studies be undertaken by the County for the future development of each of these Village Centers. Development Service Districts The Land Use Plan Map indicates designation of three strategically located Development Service Districts (DSDs). They include the Newport, Windsor and Camptown. Each of their locations generally correspond with the location of the major County transportation corridors and existing or planned future Hampton Roads Sanitation District (HRSD) sewer and water service areas. Areas designated DSDs generally have served and are expected to continue to serve as the principal residential, commercial and employment centers of the County. These areas comprise the most suitable locations for future growth and development. Growth in and around these areas will prevent the outward sprawl of development into other County areas, and concentrate future residential growth in areas where residents can be economically provided with utilities, services, and employment. In addition, the impact upon the County road system will be minimized since families will have the opportunity to be located physically close to the jobs and services, which they require. These considerations, plus the County interest in preserving the open character of the County's outlying rural areas, indicate that the areas designated as DSDs should accommodate most of the County's residential, commercial and industrial growth through the year 2020. Economic development objectives and recommendations contained in later sections of the Plan emphasize the importance of providing opportunity for the location of industrial, commercial and office development within each of the three DSDs. The degree and type of industrial or Comprehensive Plan 4-29 Isle of Wight County, Virginia commercial development to be encouraged in each of the districts is a function of existing uses in the district and the nature of economic development that may be most appropriate based on the availability of services and utilities needed to support it and land availability. Mixed Use Areas/Activity Centers and incorporated Towns within or near the DSDs should be the focal points for commercial service and business development, higher density residential development, and compatible industrial development. The three DSDs share several common attributes. Each is subject to greater development pressure than many other County areas, particularly rural and/or agricultural areas. Each either has in place or provides opportunity to put in place the kind of services required by development. These services include an existing or planned transportation system that can accommodate the movement of people and goods, and sewer and water facilities that can service development at greater residential densities or can service industrial and commercial uses. Finally, each of these areas is in some way already characterized by some level of development activity, which has already created some demand for County services and public facilities. The major advantage of the DSD concept is to map in advance those areas where the County will accept a responsibility for providing infrastructure or will accept the responsibility for working with the development interests of the County to be sure it is put in place. However, this in no way implies that the full costs of development will be borne by the general County taxpayer. In providing opportunities for development in these areas, the County can thereby better achieve its resource protection and its agricultural conservation objectives by reducing pressure for development in other County areas dominated by farming activity or sensitive natural resources. Growth in the Newport and 460/Windsor Development Districts (including the Town of Windsor) can be more cost effectively managed in that both areas are currently undergoing the planned expansion of central sewer and water facilities by the County, the Hampton Roads Sanitation District or the Western Tidewater Water Authority. The challenge is to ensure that public services and facilities and the highway systems keep pace with the conversion of land in these areas from rural to urban. Likewise, the plan must provide protection for natural resources such as the James and Pagan Rivers and elements of rural character that are pervasive as well as desirable in these areas. The DSDs will be those areas where more than 80% of new households should be located to implement the contained growth philosophy discussed earlier in this chapter. To assure they fulfill their intended function, the County will need to be proactive in its efforts to assure infrastructure is provided to support growth in these areas. Each of the DSDs is described in greater detail below. This is followed by a discussion of the Planning Consideration for the DSDs. While the land use areas are established in Table 4-2 presented earlier in this chapter, the Planning Consideration more fully describes the concepts suggested for Mixed Use Areas/Activity Centers in particular. This is followed by a discussion of the Planned Unit Development Districts, which can serve as the primary tool for implementing mixed use areas, in addition to utilizing a mix of the seven land use planning districts to reflect the element of an Activity Center. Newport Development Service District A Northern Development Service District was first established in 1991 and included approximately 17,200 acres. The Newport DSD, which replaced the former Northern Development Service District (NDSD) in 2001 , as shown on map 4-9, encompassesd a total of approximately 7,000 acres representing a 70 percent reduction in the overall size of the District. The change eliminated much of the land area along the Route 10 corridor and areas near the James River shoreline The boundary change also eliminated large areas to the north and south of the Route 32/258, Route 17/258 and Route 669 corridors which were formerly included in the District. Comprehensive Plan 4-30 Isle of Wight County, Virginia As part of a strategic planning effort titled ISLE 2040 undertaken by the County the Newport District was revised in 2015, to include the expansion of the district encompassing the Nike Park Road corridor and surrounding area; the enhancement of the densities allowed within the district to better reflect changing market conditions and provide flexibility; and the addition of an Urban Residential Land Use which did not exist previously. The County also completed, in conjunction with Kimley-Horn and Associates, and Virginia Department of Transportation, the Brewers Neck Corridor Study which is an appendix to the Comprehensive Plan which details necessary transportation improvements in the Newport DSD over the next twenty-five (25) years. The boundaries of the Newport DSD are defined on Map 4-9. The District Land Use Plan established a new or revised development district boundary and categorized proposed (and existing) land use into land use planning areas (see Map 4-9). The district is broken down into five nine land use planning areas. Table 4-3 lists the proposed land use planning areas by acreage for the development district. Table 4-2 lists the location, character and proposed land use(s) for each category. In effect, the land use plan for this district represents a tiered land management concept that places the least intense land uses (Resource Conservation Areas) closest to the most sensitive natural resources and the most intense land uses (Mixed Use Activity Centers and Business/Employment planning areas) along the existing major highway corridors where transportation and other services are existing or can be provided in the most efficient manner. Table 4-3 Newport Development Service District/Land Use Districts Land Use District Designation Newport District Land Area (acres) Percent of Total Mixed Use Activity Center 1364 1,809 20% 16.7% Urban Residential 332 3.1% Civic 264 2.4% Business and Employment 610 151 9% 1.4% Suburban Residential 532 2,034 9% 18.8% Suburban Estate 3550 2,638 53% 24.4% Resource Conservation 2,087 19.4% Conservation Development 1,119 10.3% Other (includes Right of Way) 300 383 4% 3.5% Total 6,706 10,817 100% The Newport DSD is a likely candidate for a greater level of development than other areas in the County due to its greater proximity and accessibility to the Peninsula and Northern Suffolk. This area is served by HRSD extension of sewer facilities. Connections between the Bridge Tunnel and Interstate 64 create an effective regional beltway near the County's Northeast edge increasing the accessibility of this part of the County. For all these reasons, areas within this DSD appear to have greater market support for potential future residential, commercial, and office development than other areas of the County. Comprehensive Plan 4-31 Isle of Wight County, Virginia Route 17 Corridor Master Plan Because the Newport DSD is a candidate for increased growth pressure, the County engaged in a master plan process in 2006 specifically for the Carrollton Boulevard, or Route 17, corridor in the eastern half of the DSD. The Master Plan seeks to ensure the orderly development of future growth by providing a design framework to guide the location, form, and design of new development consistent with the Isle of Wight County Comprehensive Plan. The Plan identifies the Bartlett intersection as a key activity center while recognizing Carrollton Boulevard's role as a major transportation corridor. The future land use plan in the Corridor Master Plan updates the 2001 Comprehensive Plan and designates a mix of uses for a substantial portion of the corridor area. The Board of Supervisors adopted the final Plan in November 2007. Newport Development Service Overlay District The current County Zoning Ordinance, adopted in 2005, established a new overlay district specifically for the Newport DSD. The intent of this overlay district, called the Newport Development Service Overlay (NDSO) District, is to preserve the historic character, architectural forms, patterns and significance of historical sites within and adjacent to the Newport DSD. The NDSO essentially replaced the Highway Corridor Overlay (HCO) within the Newport DSD but covers the whole DSD rather than just the 500 feet on each side of the highways. The initiatives of the NDSO District include:  Encourage building designs that promote the character and value of the District;  Encourage contiguous, mature and healthy landscaping in site design, parking lots and along major corridors within the District;  Encourage site design techniques that maximize public safety and promote the character of the District through the effective design of buildings, parking lots and public spaces;  Provide for the continued safe and efficient use of roadways;  Maintain natural beauty and scenic, cultural, and historic character of the District, particularly distinctive views, vistas, and visual continuity;  Promote traffic calming devices that provide safe on-site circulation of traffic, vehicular, pedestrian or bike traffic;  Promote flexible design criteria to ensure the re-use of non-conforming property;  Encourage sign design standards that are functional and efficient, decrease visual clutter, and are compatible with building designs within the District;  Encourage the interconnectedness of commercial, office, civic and residential uses through the use of roadways, pedestrian walkways, and bicycle paths;  Encourage site and building design elements that promote human scale development;  Encourage the preservation of open space for active and passive recreation  Encourage public access of waterways throughout the use of greenway/pedestrian walkways; Comprehensive Plan 4-32 Isle of Wight County, Virginia  Promote Best Management Practices facilities (BMPs) that enhance the site design and promote health and safety.  Encourage the use of clustering in residential development to preserve open space, trees and greenways, and reduce the overall impact of new development on the habitat.  Encourage the use of Traditional Neighborhood Development (TND) design concepts to minimize impact on public services, maximize the use of public infrastructure and allow a mix of residential uses with compatible commercial and civic uses that offer employment opportunities as well as provide services to the neighboring residential community.  Encourage the use of appropriate lighting standards to promote safety and protect against light intrusion and glare. The Zoning Ordinance text for the NDSO District provides a clear and consistent set of design standards that apply to all properties within the district. All development within the district must adhere to the procedures, standards and guidelines for this overly district in addition to the standards present for the base zoning district. For a more detailed discussion of the NDSO District see the Zoning Ordinance. Benn’s Church Master Plan - Benn’s Church Activity Center “Roadmap for Growth” In the Fall of 2003, a number of property owners approached the County with plans to develop their land in the Benn’s Church area within the Newport DSD. County staff suggested that these property owners and the County work together to create guidelines for the future development of the area. The County and interested parties formed a partnership and engaged a consultant to prepare a Master Plan. Since the process for creating the Master Plan relied on community involvement, a charrette was held in order to solicit the input of the public in November of 2003. The consultant considered the concerns and ideas of the public and incorporated these into the Master Plan. The completed document, titled Benn’s Church Activity Center “Roadmap for Growth” was reviewed by the public again in March of 2004 and the consultant later prepared the document for formal public hearings. The Planning Commission held public hearings and, after resolving concerns, the Commission recommended approval by the Board of Supervisors. In June of 2004, the Board of Supervisors held a public hearing and subsequently approved the Master Plan consequently amending the County’s Comprehensive Plan. The Benn’s Church Master Plan does not replace or change the Comprehensive Plan but does supplement the Plan with additional guidelines for development. The Master Plan gives more detail and greater guidance for near term and future term development within the Benn’s Church area and includes a specific emphasis on the future traffic system. This Plan also ensures future development is consistent and compatible with existing land use. It strives to preserve the area’s historic appearance and value by outlining design and structural guidelines. These guidelines encompass both residential and commercial development. The complete Benn’s Church Activity Center “Roadmap for Growth” is appended to this Comprehensive Plan as Appendix A. The Windsor Development Service District The Windsor DSD is also targeted for future growth. Within much of this district, sewer and water Comprehensive Plan 4-33 Isle of Wight County, Virginia facilities have been extended to accommodate growth. While the level of development activity anticipated is less than that in the Newport DSD, sewer availability together with adequate transportation service capacity via State Route 460 suggest some level of development activity can be expected in this area. Areas along the Route 460 corridor and Norfolk and Southern rail line have strong potential for future industrial development. The Shirley T. Holland Commerce Park, located east of the Town, has been established as one such location for business development. Map 4-10 identifies the extent of the Windsor DSD and the range of land uses proposed within this district. With the 2001 annexation of vacant land, much of the residential development proposed within the district over the next 20 years may be absorbed by growth within the Town of Windsor. Most of the land area surrounding the Town is therefore designated a Town Growth Area. An area just west of the Town is proposed for business and employment growth, but its development is contingent on new road improvements in the form of the Route 258 bypass shown on the map. Industrial development is also planned for the existing County industrial park and for lands located Southeast of Town along the Norfolk/Southern Rail line. Remaining areas have been designated for Conservation Development thus limiting the density of residential development within the Windsor DSD in locations outside the Town. The County recently purchased approximately 600 acres to the south of the Town of Windsor and is currently investigating the possibility of developing an intermodal park to include this property. Based on Port Authority and VDOT studies, there will be significant background truck traffic utilizing the new Route 460 corridor for transporting goods to and from area ports. With the expansion of the Windsor DSD and the Planned Industrial land use designation, plans can be made for optimal travel routes which could include an interchange on the new Route 460 in or near the Town. An intermodal park with access to this new interstate as well as nearby rail lines will place Isle of Wight County in a strategic location for future commercial and industrial growth. The Windsor DSD Future Land Use Map expands the existing DSD to include new County-owned property and surrounding area with a "Planned Industrial" designation. In addition, properties located between the expanded DSD and Sunset Drive which are currently enrolled in the Knoxville Agricultural/Forestal District are contained in an area identified as a “potential DSD expansion area." These parcels will retain their Rural Agricultural Conservation designation while providing for the possibility of extending the DSD to include this area in the future. Should the properties in this area leave the Agricultural/Forestal District and apply for a rezoning, the recommended land use designation for these properties is Planned Industrial. Including these properties in a potential future expansion area will help to alleviate the concern that future property owners may not be aware of the intermodal park plans and may create unintentional land use conflicts. The County is in the process of completing a study of the Windsor area and the Route 460 corridor, in order to more closely identify the implications of the future Route 460 Bypass, better coincide with plans from the Town of Windsor, plan appropriately for the changing dynamics at the Shirley T Holland Intermodal Park, update the future land use scenario, and examine potential adjustments to the DSD boundary for this portion of the county. This study is expected to be completed in 2016 and will be included within the Comprehensive Plan at that time. The Camptown Development Service District In 2001, the Camptown DSD (formerly the Southern DSD ) was substantially reduced in size from its 1991 delineation which extended from Carrsville to the County's southernmost border. The former large district was reconfigured to be roughly one-half its former size and no longer included areas in and around Carrsville. As a result of its elimination from the DSD boundary, in 2001 Carrsville was re-designated as Comprehensive Plan 4-34 Isle of Wight County, Virginia a Village Center. In 2005, the Board of Supervisors authorized the formation of the Southern Development Committee, made up citizens from the southernmost portion of the County. The primary goals of the committee are beautification of the area and increased residential and commercial development in this portion of the County. To accommodate growth within the DSD, the Southern Development Committee requested that the boundary of the Camptown DSD be returned to the original 1991 delineation. With this update of the Comprehensive Plan, the DSD boundary has changed to increase its size slightly by including a small area to the east of the existing DSD boundary along Route 58. A limited increase in the size of the DSD was recommended in order to allow the community to undergo a focused transportation, fiscal and land use analysis together with a strong public input process to develop a land use map for the Route 58 corridor, including the Camptown DSD and the Village of Carrsville, which reflects the most efficient pattern of development to accomplish the community’s vision. The Plan will include a prioritized implementation strategy for economic development, transportation improvements, and community facilities including goals, objectives, actions, and possible funding sources. The Plan is expected to be completed in the fall of 2008. As part of the Plan update, the Southern Development Committee proposed to reduce the size of the Carrsville village center which is currently outside of the Camptown DSD. The Carrsville Elementary School, Carrsville Community House, the Post Office, and fire station are noteworthy community facilities in the activity center. The community is located along Route 58 business, near the Suffolk line. Significant amounts of new development in and around the Carrsville Village Center are not anticipated within the near five to ten-year planning period but may occur at some future time concurrent with the extension of the Hampton Roads Sanitation District sewer facilities through this corridor, and the expansion of the existing public water service. As development occurs in the Carrsville area, it should respect the rural village character of development that is currently established. The reconfigured Camptown DSD includes several large tracts suitable for industrial and residential development. In close proximity to these developable tracts is the only general aviation airport in the County, located at the western end of the DSD. In concern for safety and the viability of the airport, development in the area around the airport, especially at the end of the runway, should be assessed with close consideration of flight operations. High density residential development, schools, hospitals and other development that will concentrate large numbers of people should not be permitted in the area below flight operations, especially the takeoff and landing of aircraft. An avigation easement is in place at the east end of the runway to increase flight safety. This was created by the City of Franklin, the owner of the airport, in cooperation of the property owners within the easement. The establishment of an Airport Land Use Compatibility Plan (ALUCP) can further increase the element of safety around the airport. An ALUCP will designate zones that restrict certain development and population densities around the airport. In order to create an ALUCP, the safety zones, standard traffic patterns, overflight areas, noise contours must be established by the airport. Another consideration for development in the Camptown DSD is the limited sewer and water service currently available. At this time, only a small portion of the Camptown DSD is provided sewer service and water service. The County adopted a sewer and water master plan in 2008 that proposes the expansion of sewer and water services for the Camptown DSD. Even with the adoption of the plan, district-wide services are not foreseen within the next five to ten years. Therefore, major development activity is not expected to be substantial in the short term although water and sewer services will be provided to support opportunities for business/industrial development, and some degree of residential development necessary to support the economic sustainability of the area. The County airport location, rail access, proximity to Comprehensive Plan 4-35 Isle of Wight County, Virginia the Route 258/58 corridors and Route 260 connector, the presence of existing utilities, and the strong presence of existing industry (International Paper, Inc. and Franklin Equipment Co.), all suggest future industrial development opportunities may be greater in this location than other alternative locations in the County. The configuration of the Camptown DSD is shown on Map 4-11. Due in large part to the strong community support for future commercial and residential development as well as planned public water and sewer extensions, adequate road capacity, close proximity to limited access Route 58, the presence of two major rail lines, and its close proximity to the rest of the Hampton Roads region, the County designated its first two Urban Development Areas (UDAs) in the Camptown DSD in 2011. The location of the UDAs are shown on Map 4-11. Section 15.2-2223.1 of the Code of Virginia requires that every locality that has a population of at least 20,000 and a population growth of at least five percent shall amend its comprehensive plan to incorporate one or more Urban Development Areas (UDAs). As defined by the Code, criteria for UDAs include (i) the appropriateness for higher density development due to its proximity to transportation facilities, the availability of public water and sewer, or a developed area and (ii) to the extent feasible, to be used for redevelopment or infill development. The UDA designations in Camptown not only serve to fulfill the criteria imposed by the State, but also serve to reinforce the County’s Comprehensive Plan goal to encourage the timely and managed future growth of the Camptown DSD. Planning For Development Service Districts Ensuring the high quality of new development within the DSDs is a major objective of the Plan since the majority of future County growth will be directed to these areas. To improve the visual and functional qualities of development within the DSDs, the County will need to evaluate and revise its land use management ordinances to establish performance standards for landscaping, control of access, lot coverage, and buffering from adjacent transportation corridors. The use of the Civic Use Type to identify key locations for parks and public facilities is an important aspect of future planning efforts. When integrated with considerations of Ffuture commercial and industrial forms of development within the DSDs should be carefully evaluated to ensure compatibility with existing and planned residential areas. The final plan provides for a well integrated and livable environment for the citizens of the county. Strip forms of commercial development along major County roads have not always enhanced the visual quality of development and over time have impaired the ability of the roads to serve through-traffic. Future areas designated for commercial development should be large in size (e.g. 10 to 15 acres) and should be located at intersections providing site frontage on at least two streets with adequate depth to provide space for well-planned service roads. Such sites should utilize access provided by service roads and should be adequate in size to accommodate several uses with shared access, thereby minimizing multiple outlets to the major road system. Larger commercial lot sizes would provide space to accommodate landscaping between buildings, parking areas, and roads. Reverse lot frontage development, which places parking areas behind commercial and office buildings would also improve the appearance of development. As part of the ISLE 2040 Plan the amount of Business and Employment was reduced within the Newport DSD and commercial development is intended to be accommodated through an increase in Mixed Use. This shift better reflects the changing market and seeks to better integrate uses within the community. Clustering of residential development should be encouraged within the DSD to maintain open space. Such development, even when exclusively residential in nature, should be buffered and separated by landscaping from major routes or adjacent incompatible land uses. Permitted development density and intensity should not be uniform throughout the DSDs. Existing single-family neighborhoods should be buffered from high intensity non-residential and future high-density residential development. As part of Comprehensive Plan 4-36 Isle of Wight County, Virginia the ISLE 2040 Plan the Urban Residential Land Use was added, one of its purposes is to help provide a buffer and transition from Mixed Use to the lower density residential areas of Suburban Residential and Suburban Estate. The Mixed Use Areas/Activity Centers identified on the Land Use Plan Map are intended to accommodate higher land use intensities and provide a focus for development centers within the DSDs. This designation assures variety in development form and identifiable commercial and residential centers of activity within the overall DSD area. Since highest residential densities will be encouraged in the areas designated as Mixed Use Areas/Activity Centers, generally lower densities should be prescribed in other portions of the DSDs. Finally, it is important to note that residential density designations within the DSDs will be influenced by the existing development pattern already established. Construction of zoning districts and standards for development will require focus at a site by site level to frame districts and standards which respect existing neighborhood patterns, densities, and soil conditions in the absence of central sewer systems. Mixed Use Areas/Activity Centers represent opportunities to cluster future development into regional centers which serve the commercial services and retail shopping needs of current and future County residents. Each Mixed Use Areas/Activity Center should provide opportunities to establish a recognizable center of development with its own unique “sense of place” within the County. Future development will vary somewhat based on the existing pattern of development and the future development mix which occurs. However, the County should encourage traditional neighborhood development (TND) form within Mixed Use Areas/Activity Centers. Characteristics of this form of development are readily apparent in the Town of Smithfield and include: Figure 4-1 Traditional Neighborhood Design  mixed land uses  grid street patterns  design emphasis on pedestrian circulation  intensively used open spaces and often a “village green” to provide orientation and define a village center.  clearly defined streetscapes by virtue of smaller front yards on narrow lots that foster a sense of enclosure and a sense of community  architectural character reminiscent of the late 19th and early 20th Century Each Mixed Use Area/Activity Center, however, should generally evolve as a mixed-use regional center for residential, office, retail, and service development. Light industrial development may also be appropriate in some areas in the form of well-planned business and industrial parks. Planned Unit Development Districts Planned Unit Development Districts (PUD) are suggested as a tool that can be used to accommodate the mixed uses proposed within designated Mixed Use Areas/Activity Centers. The PUD Districts allows for Comprehensive Plan 4-37 Isle of Wight County, Virginia the creation of basic performance standards such as those outlined above in the description of the Mixed Use Areas/Activity Centers. The PUD concept allows for great flexibility in design and layout in exchange for conditional approval premised on those designs and layouts. The County may also want to consider the use of the PUD for application in other areas within the DSDs. This would require basic performance standards to be structured in the County Zoning Ordinance. These designations will be limited to locations where public benefits, in the form of highway improvements, provision of affordable housing, provision of parks, provision for sites appropriate for construction of schools or other needed community facilities, are provided as a part of the development approval process in exchange for higher densities. Threshold size and location requirements for their designation will be framed in County ordinances to guide decisions concerning their location and criteria for approval. Designation for sites as PUD Districts should be determined on the basis of conditional zoning action whenever projects are evaluated and approval awarded to those development proposals, which offer specific County or neighborhood benefits and/or a demonstrated capability to implement County Comprehensive Plan objectives. Examples of objectives for which approvals might be granted include: Table 4-5 Type of Objective Potential Methods of Achieving Objective Community Facilities Approvals may be awarded for proximity to existing or developer provided facilities (i.e., sewer lines, schools, fire departments and recreation facilities) or land is provided by the developer for future provision of these facilities. Transportation The receiving road network must meet minimum standards for level of service or the facility must be upgraded to accept development. Approvals may be awarded for making improvements that are consistent with the overall Transportation Plan. Affordable Housing Approvals may be granted to include affordable housing as a component of the Planned Unit Development. Economic Development Approvals may be granted for development proposals that provide jobs, which strengthen the economic base of the County. Evaluation would be based on the number and type of permanent jobs created. Historic Preservation Approvals may be awarded if identified historic sites are preserved through easement or restored by the developer. Open Space & Parks Approvals may be awarded if development is clustered and open space, parks and recreation facilities above and beyond those which are required are provided. While encouraging higher density residential development in portions of the DSD in exchange for developer proffers that provide public benefits, this concept does not encourage densities that are Comprehensive Plan 4-38 Isle of Wight County, Virginia substantially higher or incompatible with surrounding neighborhoods. Moreover, development approval should not proceed absent proffers that provide substantial public benefits and demonstrated consistency with Plan objectives. Future development in existing residential or mixed use PUD Districts should be permitted to continue in the density and pattern for which respective subdivisions were designed at the time they were approved. Furthermore, PUD District densities for new sites adjacent or near to established neighborhoods should be required to buffer the edges to minimize impacts to established neighborhoods or provide site design treatments that integrate the proposed development with established neighborhoods. This approach acknowledges existing development patterns and recognizes historic development conditions. In short, PUD’s will be permitted only in such areas of the DSD where infrastructure in the form of sewer, water and transportation systems would not be adversely impacted or could be accommodated within a defined geographic cell. It is recognized that to permit higher densities in many portions of the DSD would be disruptive of community character and the expectations of existing residents. Urban Development Areas Section 15.2-2223.1 of the Code of Virginia requires that every locality that has a population of at least 20,000 and a population growth of at least five percent shall amend its comprehensive plan to incorporate one or more Urban Development Areas (UDAs). Each of these UDAs shall be appropriate for development at a density on the developable acreage of at least:  Four single family residences per acre;  Six townhouses, or twelve apartments, condominium units per acre; and  An authorized floor area ratio of at least 0.4 per acre for commercial development, or any proportional combination thereof. The UDAs shall be sufficient to meet projected residential and commercial growth in the locality for an ensuing period of at least 10 but not more than 20 years. In addition, federal, state and local transportation, housing, water and sewer facility, economic development, and other public infrastructure funding for new and expanded facilities shall be directed to the UDAs to the extent possible. As defined by the Code, criteria for UDAs include (i) the appropriateness for higher density development due to its proximity to transportation facilities, the availability of public water and sewer, or a developed area and (ii) to the extent feasible, to be used for redevelopment or infill development. Based on the criteria in the Code of Virginia, UDAs are best suited in the County’s existing DSDs, which are designated for future growth and infrastructure improvements. Much of the DSD area has existing or planned public water and sewer service and sufficient transportation capacity. In addition, the County has identified Mixed Use Activity Centers on the DSD future land use maps which are designated for a mix of uses, higher density development and where traditional neighborhood design (TND) is encouraged as described in the preceding sections of this chapter. The most appropriate zoning district for the UDAs include the Planned Development-Mixed Use (PD-MX) district which allows for the minimum densities established by the Code. In addition, the County’s subdivision ordinance establishes standards for TND- style subdivisions. In the report, “Land Use Demand Analysis and Developable Acreage Scenarios,” dated August 9, 2010, developed by the Cox Company, the minimum 10-year population growth that the County’s UDA must accommodate is 7,016 persons. The maximum 20-year population growth is 14,562 persons. To Comprehensive Plan 4-39 Isle of Wight County, Virginia accommodate the ten-year population growth, the County would need to designate a minimum of between 550 and 612 acres, depending on the mix of residential use and commercial use percentages. To accommodate the 20-year population growth, the County would need to designate a minimum of 1,240 and 1,340 acres, depending on the mix of uses. Due to the size constraints established by the Code, the large size of the DSDs exceed the limits imposed by the Code. Therefore, the County must establish a separate, smaller UDA designation within the existing DSDs. Based on the State criteria, the location of existing Mixed Use Activity Centers, and feedback from the community gathered during community meetings held in the spring of 2011, two UDAs were established in the County’s Camptown DSD. As such, the UDAs serve to reinforce the established goals and objectives of the County’s Mixed Use Activity Center land use designations. The boundaries of each UDA are identified on the County’s Camptown DSD Land Use Map, map 4-11. By establishing the location of the UDAs on the County’s future land use maps, the County acknowledges that these areas are suitable for higher density development as established in the Code and where traditional neighborhood design (TND) style development shall be encouraged. Towns of Smithfield and Windsor The incorporated Towns of Smithfield and Windsor, while having their own independent planning programs and objectives, have traditionally functioned as County Activity Centers. It is expected that, in the future, they will continue to serve as such. Adequacy and availability of Town public facilities and services and Town resident's objectives for how each community wants to grow will be the primary factors in determining the future role of these communities as Activity Centers within the County. Highway Corridor Districts The Highway Corridor District is intended to address architectural and aesthetic controls as well as special access and buffering requirements along the County's major highways. Designated Highway Corridor Districts are shown on the Land Use Plan Map. The Highway Corridor District is an area within which certain specific public objectives relating to aesthetics and architectural plan review should be administered by the County through overlay zone regulations in the Zoning Ordinance. Views afforded to drivers and passengers, whether residents, workers or visitors, traversing the major transportation routes of Isle of Wight County provide a lasting visual and, therefore mental, impression of the County's character. Although the visual experience probably forms only a small part of a person's overall experience in the County, it, nevertheless, is of special public concern and requires public attention if the County's image is to be a positive one now and in the future. Not all development in Isle of Wight County requires the same level of public scrutiny. The most critical visual areas lie along the major transportation routes since they are shared by all citizens and tourists. Hence, corridors of 500 to 1000 feet from the right-of-way of the major transportation route rights-of-way are identified for application of special landscaping and design standards. The visual character today along these corridors is diverse, ranging from areas primarily rural, natural, and scenic to areas with disorganized and cluttered roadside development. The intent of the objectives for the Highway Corridor District is not to preclude the diversity that already exists; but, rather to encourage and better articulate the variety of visual experiences along the current highways as well as along the corridor of the proposed future routes for the County's major roads. Comprehensive Plan 4-40 Isle of Wight County, Virginia The purpose of the Highway Corridor District is to protect and improve the quality of visual appearances along these linear corridors and to provide guidelines to ensure that buffering, landscaping, lighting, signage and proposed structures are internally consistent and of a quality that contributes to County character. Future development of lands within the Highway Corridor District should be subject to the standards of the particular base zoning district in which they occur, as well as the following standards that are specific to the Highway Corridor District. These standards are not intended to restrict or prevent the construction of buildings within each Corridor, nor to require the removal of existing structures. The Highway Corridor District standards are not setback requirements, although certain minimum setbacks will be required to protect highway rights-of-way and maintain sight clearances for traffic safety. The corridors along the following routes for a distance of 500 to 1000 feet from the right-of-way are designated as Highway Corridor Overlay Districts: Route 10 Business and Route 10 Bypass (outside of the Newport Development Service Overlay) Route 32 (outside of the Newport Development Service Overlay ) Route 258 (outside of the Newport Development Service Overlay ) Route 460 Route 58 Business Route 260 Other routes may be established in the future as determined appropriate. Standards specific to the Highway Corridors should provide for:  Increased buffering requirements, which provide for a mix of canopy, understory tree and shrub level plantings, to partially screen buildings and parking areas from view.  Special standards for signage height, design, size, materials and lights to maintain and enhance visual qualities.  Special consideration of new development within this district including assessment of visual impact of development, assessing pre-development visual conditions and how the proposed development will affect them.  The review of projects in the Highway Corridor will acknowledge the existing villages as integral to the unique visual character of the corridor.  Landscaping to be used to soften lighting and signage impacts and to be located in groupings to identify entrances to sites.  Use of sectional service roads as a tool to achieve access control within the Highway Corridor District. Comprehensive Plan 4-41 Isle of Wight County, Virginia  Use of reverse lot frontage concepts to shield off-street parking area behind buildings and landscaping.  Designation of scenic easements along Highway Corridors with significant natural views or vistas. Summary The Growth Management Plan Map represents the cumulative application of the districts described earlier in this section. Whenever conflicts develop as to which category of use should apply, the more specific or highly restrictive category should govern policy. For example, the Resource Conservation District is the most restrictive and therefore would provide the overriding policies in the area where it is applied. To reiterate, the basic intent of the growth management concept is that the County channel most of its future residential, commercial and industrial development into the DSDs. Within the DSDs, Mixed Use Activity Centers and UDAs are the only locations appropriate for higher density development. Conservation development areas within the DSD’s should be limited to residential densities no greater than one unit per five acres with development clustered to retain substantial portions of the district in open space. Existing residential neighborhoods should be recognized and protected within Neighborhood Conservation Districts. The aesthetic and functional characteristics of major County roads should be preserved within the Highway Corridor Districts. The location of the districts will serve as the basis for County structuring of zoning classifications with the intent and purpose to frame land use controls and performance standards for development consistent with each DSD. The Land Use Plan proposes to guide development to those undeveloped areas where major public facilities are in place or planned, while reducing development pressures in those areas where facilities cannot be provided as efficiently. The Plan channels anticipated future growth into a more harmonious and efficient pattern, which is consistent with community goals and objectives. July 16, 2015/RDR/Zoning Ordinance Amendment     ISSUE: Ordinance – Amendment and Reenactment of Isle of Wight County Code to Provide for Revisions Based on the ISLE 2040 Plan BACKGROUND: The Board of Supervisors as part of their three (3) year financial plan directed staff to develop a long term strategic plan. County Staff from multiple departments have been developing, over the course of more than a year, the ISLE 2040 Plan. The purpose of the plan is to address the multiple challenges currently facing the County through a focused change in the County’s long range planning. The associated revisions to the Zoning Ordinance are being proposed as part of the Isle 2040 Plan. The purpose of these revisions is to better align the County’s zoning classifications with the land uses identified in the comprehensive plan, to provide options which better reflect current market conditions, to provide more flexibility and ease of use in the ordinance, and to reflect recommended changes from the County’s ISLE 2040 Plan. RECOMMENDATION: At its June 23, 2015 meeting, the Planning Commission recommended approval of the Zoning Ordinance Amendment by a vote of 7-1-1. Staff recommends the approval of the Zoning Ordinance Amendment. ATTACHMENTS: - BOS Adoption Ordinance (Zoning Ordinance) - PC Staff Reports and Attachments - Article IV Redline - Article V Redline - Article X Redline   An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting the Following Articles of Appendix B, Zoning: Appendix B, Zoning: Article IV, Zoning Districts and Boundaries; Article V, Supplementary Use Regulations; Article X, Vehicle Parking Facilities; in order to make revisions based on the County’s ISLE 2040 Plan. 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 IV, Zoning Districts and Boundaries, Section 4-6002, Permitted uses, Section 4-6003 Conditional uses, Section 4-6004, Lot size requirements, Section 4-6005, Bulk regulations, Section 4-7002, Permitted uses, Section 4-7003 Conditional uses, Section 4-7004 Lot size requirements, Section 4-7005 Bulk regulations, 4-7006, Additional regulations, Section 4-7007, Reserved, Section 4-8002, Permitted uses, Section 4-8003, Conditional uses, Section 4-8004, Lot size requirements, Section 4-8005, Bulk regulations, Section 4-8006, Additional regulations, Section 4-8007, Reserved, Section 4-15002, Permitted uses, Section 4-15003, Conditional uses, Section 4- 15004, Lot size requirements, Section 4-15006 Bulk regulations, Section 4-18002, Permitted uses, Section 4-18003, Conditional uses, Section 4-18006, Bulk regulations, Section 4-18007, Commercial and industrial uses, Section 5-5002, Supplementary use regulations for residential use types, and Section 10-1010, Table of use types and parking requirements of the Isle of Wight County Code be amended and reenacted as follows: Suburban Estate - Sec. 4-6002. Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Forestry operation • Forestry, silvicultural Greenhouse, private B. Residential uses: Dwelling, single-family * Family day care home Group home * Home occupation, Type I * Temporary emergency housing C. Civic uses: * Utility service/minor D. Commercial uses: * Construction office, temporary Real estate office, temporary E. Miscellaneous uses: * Amateur radio tower (7-7-05.) Sec. 4-6003. Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5- 5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Stable, commercial • In conjunction with a residence * Stable, private B. Residential uses: * Accessory apartment • Residential accessory apartment * Community recreation * Guest house C. Civic uses: * Cemetery • Church Club Cultural service * Educational facility, primary/secondary Halfway house Post office * Public park and recreational area Public safety service * Religious assembly * Utility service/major D. Commercial uses: * Bed and breakfast Boarding house * Commercial outdoor swimming pool and tennis facility * Golf course * Marina E. Miscellaneous uses: * Reconstructed wetland (7-7-05.) Sec. 4-6004. Lot size requirements. A. Minimum lot area: 1. With private sewer and water: Thirty thousand (30,000) square feet. 2. With public sewer or water: Twenty thousand (20,000) square feet. 3. With public sewer and water: Fourteen thousand (14,000) square feet. B. Minimum lot width: 1. With private sewer and water: One hundred twenty-five (125) feet. 2. With public sewer or water: One hundred twenty (120) feet. 3. With public sewer and water: One hundred ten (110) feet. C. Minimum lot frontage: 1. With private sewer and water: One hundred (100) feet. 2. With public sewer or water: Ninety-six (96) feet. 3. With public sewer and water: Ninety (90) feet. 4. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width of district. (7-7-05.) Sec. 4-6005. Bulk regulations. A. Maximum building height: 1. All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser. B. Maximum density: 1. Conventional single-family subdivision: Three (3) dwelling units per acre. 2. Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net developable area. C. Minimum setback requirements: 1. Front yard: Thirty-five (35) feet. 2. Side yard: Fifteen (15) feet. 3. Rear yard: Twenty-five (25) feet. Suburban Residential - Sec. 4-7002. Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Forestry operation • Forestry, silvicultural B. Residential uses: Dwelling, single-family Dwelling, two-family * Family day care home Group home * Home occupation, Type I * Temporary emergency housing C. Civic uses: * Utility service/minor D. Commercial uses: * Construction office, temporary Real estate office, temporary E. Miscellaneous uses: * Amateur radio tower (7-7-05.) Sec. 4-7003. Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5- 5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Greenhouse, private B. Residential uses: * Accessory apartment • Residential accessory apartment * Community recreation C. Civic uses: * Cemetery • Church Club Cultural service * Educational facility, primary/secondary Halfway house Post office * Public park and recreational area Public safety service * Religious assembly * Utility service/major D. Commercial uses: * Bed and breakfast Boarding house * Commercial outdoor swimming pool and tennis facility * Golf course * Marina E. Miscellaneous uses: * Aviation facility, private * Reconstructed wetland (7-7-05.) Sec. 4-7004. Lot size requirements. A. Minimum lot area: 1. With private sewer and water: Thirty thousand (30,000) square feet. 2. With public sewer or water: Fourteen thousand (14,000) square feet. 3. With public sewer and water: Eight thousand five hundred (8,500) square feet. B. Minimum lot width: 1. With private sewer and water: One hundred twenty-five (125) feet. 2. With public sewer or water: One hundred ten (110) feet. 3. With public sewer and water: Sixty (60) feet. C. Minimum lot frontage: 1. With private sewer and water: One hundred (100) feet. 2. With public sewer or water: Ninety (90) feet. 3. With public sewer and water: Fifty-five (55) feet. 4. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width. (7-7-05.) Sec. 4-7005. Bulk regulations. A. Maximum building height: 1. All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser. B. Maximum density: 1. Conventional single-family subdivision: Five (5) dwelling units per acre. 2. Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net developable area. C. Minimum setback requirements: 1. Front yard: Twenty-five (25) feet. 2. Side yard: Seven and One-half (7.5) feet. 3. Rear yard: Twenty (20) feet. Sec. 4-7006. - Additional regulations. A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements. B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to article VII for general design guidelines and development review procedures. D. Refer to article VIII for landscaping and open space standards. E. Refer to article IX for sign standards. F. Refer to article X for vehicle parking facilities requirements. G. Refer to article XI for outdoor lighting requirements and restrictions. (7-7-05.) Urban Residential - Sec. 4-8002. Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Forestry operation • Forestry, silvicultural B. Residential uses: * Condominium * Dwelling, multifamily conversion Dwelling, single-family * Dwelling, two-family * Family day care home Group home * Home occupation, Type I * Multifamily dwelling * Temporary emergency housing * Townhouse C. Civic uses: * Utility service/minor D. Commercial uses: * Construction office, temporary Real estate office, temporary E. Miscellaneous uses: * Amateur radio tower (7-7-05.) Sec. 4-8003. Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5- 5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Greenhouse, private B. Residential uses: * Accessory apartment • Residential accessory apartment * Community recreation C. Civic uses: * Cemetery • Church Club Cultural service * Educational facility, primary/secondary Halfway house Life care facility * Nursing home Post office * Public park and recreational area Public safety service * Religious assembly * Utility service/major D. Commercial uses: * Bed and breakfast Boarding house * Commercial indoor sports and recreation * Commercial outdoor swimming pool and tennis facility * Golf course * Marina * Restaurant, drive-in fast food Restaurant, general Retail sales Studio, fine arts E. Miscellaneous uses: * Reconstructed wetland (7-7-05; Ord. No. 2013-2-C, 4-18-13.) Sec. 4-8004. Lot size requirements. A. Minimum lot area: 1. With public sewer and water: Four thousand (4,000) square feet. B. Minimum lot width: 1. With public sewer and water: Fifty-five (55) feet. C. Minimum lot frontage: 1. With public sewer and water: Forty (40) feet. 2. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width of district. (7-7-05.) Sec. 4-8005. Bulk regulations. A. Maximum building height: 1. All buildings: Forty-five (45) feet or four (4) stories, whichever is lesser. B. Maximum density: 1. All development options, single-family, townhouse, or multi-family Ten (10) dwelling units per acre. C. Minimum setback requirements: 1. Front yard: Twenty (20) feet. 2. Side yard: Five (5) feet. 3. Rear yard: Twenty (20) feet. D. Maximum lot coverage: ..... Sixty percent (60%). (7-7-05.) Sec. 4-8006. - Additional regulations. A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5- 4000 for standards for net developable requirements. B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to article VII for general design guidelines and development review procedures. D. Refer to article VIII for landscaping and open space standards. E. Refer to article IX for sign standards. F. Refer to article X for vehicle parking facilities requirements. G. Refer to article XI for outdoor lighting requirements and restrictions. (7-7-05.) Planned Development – Residential - Sec. 4-15002. Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Forestry operation • Forestry, silvicultural B. Residential uses: * Accessory apartment • Residential accessory apartment • Commercial accessory apartment * Community recreation * Condominium Dwelling, single-family Dwelling, two-family * Family day care home Group home * Home occupation, Type I * Multifamily dwelling * Temporary emergency housing * Townhouse C. Civic uses: * Community center Cultural service * Educational facility, primary/secondary * Public park and recreational area Public safety service * Utility service/minor D. Office uses: Financial institution General office E. Commercial uses: Business support service * Construction office, temporary Personal improvement service Personal service Real estate office, temporary Restaurant, general Studio, fine arts Veterinary hospital/clinic F. Miscellaneous uses: * Amateur radio tower (7-7-05.) Sec. 4-15003. Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5- 5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Forestry operation • Timbering Greenhouse, private * Stable, commercial • In conjunction with residence * Stable, private B. Residential uses: * Dwelling, multifamily conversion C. Civic uses: * Adult care center Assisted living facility * Cemetery • Church * Child care center Club Educational facility, college/university Halfway house Life care facility * Nursing home Park and ride facility * Public park and recreation area Public safety service * Religious assembly * Utility service/major D. Office uses: Medical office E. Commercial uses: * Bed and breakfast Boarding house Commercial indoor amusement Commercial indoor entertainment * Commercial indoor sports and recreation * Commercial outdoor entertainment/sports and recreation * Commercial outdoor swimming pool and tennis facility Convenience store * Golf course * Marina Medical clinic Retail sales F. Miscellaneous uses: * Reconstructed wetland (7-7-05.) Sec. 4-15004. Lot size requirements. A. Minimum tract size. ..... Minimum area required for creation of a PD-R District shall be twenty (20) acres. Incremental additions to such districts shall be immediately adjacent to the existing PD-R District and must be appropriately sized for proposed improvements on such addition to meet all required lot size and bufferyard requirements, bulk regulations, and additional site plan requirements as specified in the zoning ordinance. The minimum required area may be in a parcel in single ownership or in combination with contiguous parcels. If an application is to be made for rezoning to planned development residential in contiguous parcels, the applicant must provide legal agreements showing marketable title to the subject properties and the source of the applicant's title and interest in the subject properties. B. Minimum lot area, width, frontage and bulk regulations. ..... There shall be no minimum lot area, width, frontage and setback requirements for any lot within a planned development residential district other than as specified in an approved master development plan. Sec. 4-15006. Bulk regulations. A. Maximum building height: 1. All buildings: Fifty (50) feet. B. Maximum density: 1. Single-family subdivision: Ten (10) dwelling units per acre. 2. Floor area ratio for nonresidential: One-fourth (0.25) square foot per foot of net developable area. 3. The density requirements for an attached townhouse or a multifamily dwelling development shall comply with the provisions in the supplementary use regulations in section 5-5002 C. Maximum coverage: The open space ratio shall be established as part of the master development plan approval and shall supersede requirements for specific uses. Planned Development – Mixed-Use - Sec. 4-18002. Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Forestry operation • Forestry, silvicultural B. Residential uses: * Accessory apartment • Residential accessory apartment • Commercial accessory apartment * Community recreation * Condominium Dwelling, single-family Dwelling, two-family * Family day care home * Home occupation, Type I * Multifamily dwelling * Temporary emergency housing * Townhouse C. Civic uses: * Cemetery • Private * Community center Cultural service * Educational facility, primary/secondary * Public park and recreational area Public safety service * Utility service/minor D. Office uses: Financial institution General office E. Commercial uses: * Antique shop * Bed and breakfast Business support service * Construction office, temporary * Golf course * Motor vehicle parts/supply, retail Personal improvement service Personal service Real estate office, temporary * Restaurant, drive-in fast food Restaurant, general Retail sales Studio, fine arts Veterinary hospital/clinic F. Miscellaneous uses: * Amateur radio tower (7-7-05; Ord. No. 2011-13-C, 8-4-11; Ord. No. 2013-2-C, 4-18-13.) Sec. 4-18003. Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5- 5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Agriculture • Assembly and repair of farm equipment Farmer's market * Forestry operation • Timbering Greenhouse, private * Stable, commercial • In conjunction with residence • Not in conjunction with residence * Stable, private B. Residential uses: * Dwelling, multifamily conversion Group home C. Civic uses: * Adult care center Assisted living facility * Cemetery • Church • Public * Child care center Club Educational facility, college/university Halfway house Life care facility * Nursing home Park and ride facility Post office Public assembly * Religious assembly * Utility service/major D. Office uses: Medical office E. Commercial uses: Agricultural service • Farm supplies, equipment sales and service • Commercial assembly and repair of all equipment normally used in agricultural, silvicultural, and horticultural operation Boarding house Business or trade school Commercial indoor amusement Commercial indoor entertainment * Commercial indoor sports and recreation * Commercial outdoor entertainment/sports and recreation * Commercial outdoor swimming pool and tennis facility * Convenience store * Funeral home * Garden center * Gasoline station * Golf driving range Hospital Hospital, special care Hotel/motel/motor lodge/inn * Kennel, commercial * Marina Medical clinic * Mini-warehouse Motor vehicle/outdoor storage * Motor vehicle repair service/minor F. Industrial uses: * Construction yard Custom manufacturing G. Miscellaneous uses: * Aviation facility, general * Aviation facility, private * Communication tower Parking facility, surface/structure * Reconstructed wetland (7-7-05; Ord. No. 2011-13-C, 8-4-11; Ord. No. 2013-2-C, 4-18-13.) Sec. 4-18006. Bulk regulations. A. Maximum building height: 1. All buildings: Fifty (50) feet. B. Density requirements (for non-UDA areas): ..... Maximum number of dwelling units per acre: 1. Conventional single-family subdivision: Ten (10). 2. The density requirements for an attached townhouse or a multifamily dwelling development shall comply with the provisions in the supplementary use regulations in section 5-5002 3. Floor area ratio for nonresidential: Three-fourths (0.75) square foot per foot of net developable area. C. Density requirements for UDA areas: ..... Minimum number of dwelling units per acre: 1. Conventional single-family subdivision: Four (4). 2. Townhouse developments: Six (6). 3. Multifamily residences and condominiums: Twelve (12). 4. Floor area ratio for nonresidential: Four-tenths (0.4) square foot per foot of net developable area. D. Maximum coverage: ..... The open space ratio shall be established as part of the master development plan approval and shall supersede requirements for specific uses. (7-7-05; Ord. No. 2011-13-C, 8-4-11.) Sec. 4-18007. Commercial and industrial uses. A. No more than fifty percent (50%) of the total land, which may be zoned planned development mixed use district shall be devoted to office, commercial and/or industrial uses. (7-7-05; Ord. No. 2011-13-C, 8-4-11.) Sec. 5-5002. Supplementary use regulations for residential use types. A. Accessory apartment. ..... It is the specific purpose and intent to allow accessory apartments through conversion of existing larger residential structures and in the construction of new structures. Such uses are to provide the opportunity and encouragement to meet the special housing needs of single persons and couples of low- and moderate-income, both young and old, as well as relatives of families residing in the county. It is furthermore the intent and purpose of accessory apartments to allow the more efficient use of the county's existing housing stock, in a manner consistent with the land use objectives identified in the comprehensive plan and to provide alternative housing opportunities while protecting and preserving property values and community character. To help achieve these goals and purposes, the following standards are set forth as conditions for such accessory uses: 1. Residential accessory apartment. ..... Where allowed as a permitted or a conditional use in the underlying zoning district, the following shall apply: a. A conditional use permit shall be required for an accessory apartment on any lot which does not have one hundred and fifty percent (150%) of the minimum lot size requirement for the zoning district in which the use is located, except that this requirement will not apply in the RAC and RR zoning districts. b. Location. i. An accessory apartment may be located in a primary dwelling unit. ii. An accessory apartment may only be located in an accessory structure when the lot in question has one hundred and fifty percent (150%) or greater of the minimum lot size requirement for the zoning district in which the use is located. ii. The owner of the residential dwelling unit shall occupy at least one (1) of the dwelling units on the premises. c. Apartment size. i. Minimum floor area: Four hundred (400) 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- five (35) percent 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 (50) percent of the floor area of the accessory building. d. Maximum number of bedrooms. ..... No more than two (2) bedrooms are permitted in an accessory apartment. e. Maximum number of accessory apartments. ..... No more than one (1) accessory apartment is permitted per parcel. f. 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. g. Water and sewer service. ..... Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Department of Health or the department of public utilities. h. Parking. ..... One (1) parking space shall be required in addition to the required parking for the primary dwelling. 2. Commercial accessory apartment. ..... Where allowed as a permitted or a conditional use in the underlying zoning district, the following shall apply: a. Location. ..... A commercial accessory apartment may be located either above or attached to the rear of a commercial unit. In no case shall an accessory apartment be allowed in an accessory structure. b. Minimum lot size. ..... The minimum lot size for a commercial unit with an accessory apartment shall meet the minimum square footage required for the zoning district in which the use is located. c. Maximum floor area. i. The maximum floor area of an accessory apartment located above a commercial unit shall not exceed fifty (50) percent 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 (35) percent of the entire unit. d. Maximum number of bedrooms. ..... No more than two (2) bedrooms are permitted in an accessory apartment. e. Maximum number of accessory apartments. ..... No more than one (1) accessory apartment is permitted per commercial use. f. Exterior appearance. i. The entry to the apartment shall be located on the side or rear of the commercial unit, and the building design shall maintain its commercial character and appearance. ii. No accessory apartment shall be attached to a commercial unit by open walkways, breezeways, patios, decks, etc. g. Water and sewer service. ..... Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Department of Health or the department of public utilities. h. Parking. ..... Parking for the apartment must be located to the rear or side of the commercial unit. Each apartment must be provided one and one-half (1.5) parking spaces in addition to what is required for the commercial use. 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. 8. Vehicular parking shall be in accordance with the requirements of this ordinance and shall not be designed as to require or encourage cars to back into a street. a. A reduction of up to twenty-five (25) percent may be granted administratively if the development contains bike paths and a bike parking area. This reduction does not apply to the requirements for employee vehicular parking, or to any community recreational facility open to the general public. 9. A landscaped buffer shall be provided for all community recreational uses in accordance with the requirements for civic use types in article VIII. a. Tot lots developed separately from other recreational areas may be exempt from landscaping requirements. 10. Lighting shall be installed in accordance with article XI and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. 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 (150) percent 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 (200) percent of the minimum lot size in the district in which it is located. c. Conversions into four (4) dwelling units shall require at least two hundred fifty (250) percent of the minimum lot size in the district in which it is located. d. The original single-family residence shall meet the minimum setback requirements of the underlying zoning district. 2. Minimum floor area. ..... The original single-family residence shall contain at least two thousand (2,000) square feet of floor area. 3. Water and sewer service. ..... Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Department of Health or the Isle of Wight County Department of Public Utilities. F. Dwelling, two-family duplex. 1. Yard setback. ..... All setbacks and other requirements in the district in which it is located shall apply, except that the side yard along a common wall separating the two (2) units shall be zero (0) feet. 2. Water and sewer service. ..... Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Department of Health or the Isle of Wight County Department of Public Utilities. G. Family day care home (serving six (6) to twelve (12) children). ..... The following must be satisfied prior to the issuance of a zoning permit for a family day care home serving six (6) through twelve (12) children: 1. The zoning administrator shall send written notification by certified letter to the last known address of each adjacent property owner advising of the proposed family day care home. 2. If no written objection from any property owner so notified is received within thirty (30) days of the date of sending the notification letter and the zoning administrator determines that the family day care home otherwise complies with the zoning ordinance, the zoning administrator may issue a zoning permit for the family day care home. 3. If written objection from any property owner so notified is received within thirty (30) days of sending the notification letter, then the zoning administrator may not issue a zoning permit unless and until such time as a conditional use permit for the family day care home is approved by the board of supervisors with a recommendation by the planning commission. H. Guest house. 1. Location. ..... A guest house shall be located 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 (150) percent 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 (30) percent 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. 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. 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 one (1) vehicle may be displayed at any time) • Repair of small appliances, small engines and limited machining of small parts, office machines, cameras, and similar small items • Repair or servicing of small internal combustion engines used in lawn mowers, edgers, hedge trimmers, power saws and similar yard maintenance equipment inside enclosed structure • Retail sales of agricultural, craft and woodworking products principally produced on-site • Taxidermy (See supplementary use regulations section 5-5005.AA) • Telephone answering service • Veterinary services • Waterman's operation with on-premises wholesale and retail sale prohibited • Wood working and furniture repair, upholstery and cabinet making 5. Uses that are prohibited as home occupations. ..... The following uses shall be prohibited as home occupations: • Vehicle or boat repair or painting • Equipment or vehicle rental • Seafood or bait sales • Furniture sales • Funeral director, mortuary or undertaker • Laboratory shop • Medical or dental clinic • Private clubs • Restaurants • Animal hospitals • Commercial stables • Commercial kennels • Antique shops • Gun shops, sale of 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 (25) percent 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 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 (10) percent of the finished floor area devoted to the home occupation. b. One (1) person who is not a permanent resident of the dwelling may be engaged or employed in the home occupation. c. An accessory building or structure may be used with the home occupation, provided that the total floor area devoted to the home occupation in the accessory structure and dwelling unit does not exceed thirty (30) percent 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. 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 (150) percent of the minimum square footage required by the underlying zoning district. 3. Where public sewer is not available, the Isle of Wight County Health Department shall approve sewage disposal for all family member manufactured homes. 4. Only one (1) family member manufactured home is allowed per parcel. 5. No family member manufactured home shall be allowed on a lot with another manufactured home, Class B. 6. A zoning permit shall not be issued for a family member manufactured homes until the following procedure has been completed: a. The zoning administrator is to send written notification by certified letter to the last known address of each 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 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. Multifamily dwellings located on less than three (3) contiguous acres shall obtain a conditional use permit. 3. Density controls for multifamily apartment development. a. Lot area and dimensions. i. Minimum frontage: ..... One hundred (100) feet in continuous frontage. ii. Minimum lot depth: ..... One hundred (100) feet. iii. Minimum setbacks: Front: Thirty (30) feet. Side: Fifteen (15) feet. Rear: Twenty (20) feet. 4. Buffers and special setback requirements. a. An additional setback of one (1) foot for each one (1) foot of height in excess of thirty-five (35) feet shall be required from all public streets and any property line adjacent to single-family residential districts or property used for single family dwellings. No parking or refuse containers should be located within this setback area. b. The minimum distance between multifamily structures shall be no less than the height of the taller of the two (2) adjacent structures. 5. Base density: ..... Fourteen (14) dwelling units per acre. a. A density bonus of one and one-half (1.5) units per acre will be granted for each of the following:  For every ten percent (10%) of the units committed to the provision of affordable and workforce housing.  Dedication to the County a public use site, the developable portion of which is suitable for a public facility.  Environmental protections which exceed the requirements of County Ordinances or restore degraded habitats.  Enhanced stormwater management through better site design/low impact development techniques/implementation of projects which provide stormwater management beyond the scope of the project, as approved by the Zoning Administrator. b. A density bonus of one-half (0.5) units per will be granted for each of the following:  Swimming pool  Clubhouse  Lighted recreational facility (tennis, basketball, etc.)  Dock, pier, boat ramp  Other recreational amenities can be considered by the Zoning Administrator 6. Lot coverage: ..... The maximum lot coverage shall be sixty (60) percent of the total tract area. 7. Open space: a. A minimum of seven hundred and fifty (750) square feet per unit shall be maintained as open space. This required open space shall not be devoted to service driveways, off-street parking, or loading spaces. b. Each such recreational space shall be at least fifty (50) feet in the least dimension. 8. [Multifamily apartments:] ..... Multifamily apartments shall be provided with public water and public sewerage systems constructed in accordance with county standards and specifications for such systems and be approved by all appropriate agencies. 9. [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. 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. Management of common and open spaces in multifamily and condominium developments: a. All common and open spaces shall be preserved for their intended purpose as expressed on the approved site plan. b. A management structure consisting of a nonprofit association, corporation, trust, or foundation for all owners of residential property within the development shall be established to insure the maintenance of open space and other facilities. c. The management structure shall be established prior to the sale of any property. d. Membership in the management structure shall be mandatory for all residential property owners, present or future, within the development. e. The management structure shall manage all common and open spaces, recreational and cultural facilities, and private streets, and shall provide for the maintenance, administration and operation of said land and improvements, and secure adequate liability insurance on the land. f. The management structure and organization shall comply with the Condominium Act, Code of Virginia (1950), as amended. 12. 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. 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. Townhouse developments located on less than three (3) contiguous acres shall obtain a conditional use permit. b. Base density: Fourteen (14) dwelling units per acre. c. A density bonus of one and one-half (1.5) units per acre will be granted for each of the following:  For every ten percent (10%) of the units committed to the provision of affordable and workforce housing.  Dedication to the County a public use site, the developable portion of which is suitable for a public facility.  Environmental protections which exceed the requirements of County Ordinances or restore degraded habitats.  Enhanced stormwater management through better site design/low impact development techniques/implementation of projects which provide stormwater management beyond the scope of the project, as approved by the Zoning Administrator. d. A density bonus of one-half (0.5) units per acre will be granted for each of the following facilities on the site:  Swimming pool  Clubhouse  Lighted recreational facility (tennis, basketball, etc.)  Dock, pier, boat ramp  Other recreational amenities can be considered by the Zoning Administrator 2. Townhouse developments: a. Each parcel utilized for townhouse development shall have a minimum frontage of at least one hundred (100) feet upon a public street and shall have a minimum depth of not less than one hundred (100) feet. b. The maximum lot coverage shall be sixty (60) percent of the total tract area. 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. 4. Yard requirements: a. Front yards. ..... The front yard of a townhouse lot which fronts on a public or private street shall be twenty (20) feet. b. Side yards. ..... Side yards shall be required only for end unit lots of a townhouse structure and shall be ten (10) feet in width, except that a side yard adjacent to a public or private street, or adjacent to the property line of the townhouse development shall meet the required minimum front yard setback. c. Rear yards. ..... A rear yard of twenty (20) feet shall be provided for each townhouse lot. 5. Building requirements and relationship: a. Dwelling units per townhouse structure and length of structure. ..... No more than ten (10) dwelling units shall be contained in a townhouse structure. b. Setback between buildings. ..... The minimum distance between any two (2) unattached townhouse structures shall be thirty (30 feet. The setback shall be increased to fifty (50) 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. 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. 6. [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. 7. Utilities—Water and sewage systems: a. Townhouses shall provide public 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. 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. Open space: ..... A minimum of seven hundred and fifty (750) square feet per unit of open space shall be maintained as open space. This required open space shall not be devoted to service driveways, off-street parking, or loading spaces. 10. 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. 11. 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. 12. Architectural treatment: ..... The following architectural treatments shall be incorporated into all townhouse developments: a. Townhouse rows avoid monotonous facades and bulky masses. No more than two (2) consecutive units shall have the same façade plane, and no more than 50% of the units in any building shall have the same façade plane. 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. d. Garages shall not protrude beyond the farthest wall of the residential building on the same side. e. 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. f. 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. Sec. 10-1010. Table of use types and parking requirements. USE PARKING REQUIREMENT Agricultural Use Types Agriculture No requirement Aquaculture No requirement Commercial feedlot No requirement Farm employee housing No requirement Farmer's market 1 space per 100 sq. ft., 5 spaces minimum Forestry operation No requirement Greenhouse, private No requirement Livestock auction market See schedule B Stable, commercial 1 space per employee on major shift, plus 1 space for every 4 animals stabled Stable, private No requirement Sawmill No requirement Wayside stand 1 space per 100 sq. ft., 3 spaces minimum Residential Use Types Accessory apartment 1 additional space Community recreation See schedule B Condominium 1 spaces per 1 bedroom unit 2 spaces per 2 bedroom unit 2.25 spaces per 3 bedroom unit 1 visitor space for every 5 units Dwelling, multifamily conversion 1 spaces per 1 bedroom unit 2 spaces per 2 bedroom unit 2.25 spaces per 3 bedroom unit Dwelling, single-family 2 spaces per dwelling Dwelling, two-family 2 spaces per dwelling unit Family day care home 1 space per nonresident employee** Group home 2 spaces per dwelling Guest house 1 additional space Home occupation No requirement Human care facility See schedule B Kennel, private No requirement Manufactured home, Class A 2 spaces per dwelling Manufactured home, Class B 2 spaces per dwelling Manufactured home, Class C 2 spaces per dwelling Manufactured home, emergency residence 2 spaces per dwelling Manufactured home, family member residence 1 additional space Manufactured home park 2 spaces per dwelling Manufactured home subdivision 2 spaces per dwelling Manufactured home, temporary residence 2 spaces per dwelling (can be converted for permanent dwelling) Multifamily dwelling 1 spaces per 1 bedroom unit 2 spaces per 2 bedroom unit 2.25 spaces per 3 bedroom unit 1 visitor space for every 5 units Townhouse 1 spaces per 1 bedroom unit 2 spaces per 2 bedroom unit 2.25 spaces per 3 bedroom unit 1 visitor space for every 5 units Civic Use Types Administrative service 3 spaces per 1,000 sq. ft, plus 1 space per vehicle based at facility Adult care center 1 space per 3 residents, plus 1 space each employee on major shift Assisted living facility 1 space per 3 residents, plus 1 space each employee on major shift Cemetery See schedule B Child care institution 1 space per employee on major shift, plus 1 space per 20 children, plus 1 space for each vehicle associated with facility Child care center 1 space per employee on major shift, plus 1 space per 20 children, plus 1 space for each vehicle associated with facility Club 1 space per 3 persons based on maximum occupancy Community center 1 space per 250 sq. ft. Correctional facility See schedule B Crisis center 1 space per 2 persons of residential occupancy Cultural service 1 space per 300 sq. ft. Educational facility, college/university See schedule B Educational facility, primary/secondary See schedule B, but no less than 1 space per employee on major shift, plus 1 space per 4 students in the 11th and 12th grades Halfway house 1 space per 2 persons of residential occupancy Life care facility 1 space per 3 residents, plus 1 space each employee on major shift Nursing home 1 space per 3 residents, plus 1 space each employee on major shift Park and ride facility No requirement Post office See Schedule A Public assembly 1 space per 4 seats or similar accommodations provided Public maintenance and service facility See schedule A Public park and recreational area See schedule B Public safety service 3 spaces per vehicle based at facility Religious assembly 1 space per 4 seats in principle place of worship Rehabilitation service 1 space per 3 residents, plus 1 space each employee on major shift Utility service, major See schedule B Utility service, minor No requirement Office Use Types Financial institution 1 space per 300 sq. ft., plus required stacking spaces General office 1 space per 250 sq. ft. Laboratory 1 space per 1.5 employees on major shift, plus 1 per company vehicle Medical office 7 spaces per practitioner, or 1 space per 200 sq. ft., whichever is greater Commercial Use Types Adult entertainment establishment 1 space per 200 sq. ft. Agricultural service See schedule A Antique shop 1 space per 400 sq. ft. Bed and breakfast 1 space per guest room, plus 2 spaces for owner's unit Boarding house 1 space per sleeping room Business support service 1 space per 250 sq. ft. Business or trade school See schedule B, but no less than 1 space per 4 students Campground 1 space per campsite, plus spaces required for other uses Car wash 1 space per employee on major shift, plus required stacking spaces Commercial indoor amusement 1 space per 3 persons based on maximum occupancy load Commercial indoor 1 space per 4 seats or similar accommodations, plus 1 space per 2 entertainment employees on major shift. Commercial Indoor Sports and Recreation • Bowling alley 3 spaces per alley, plus 1 space per employee on major shift • Swimming pool 1 space per 100 sq. ft. of water surface • Tennis and similar court games 4 spaces per court • Other indoor sports 1 space per 3 persons based on maximum occupancy, plus 1 space per employee on major shift Commercial Outdoor Entertainment/Sports Recreation • Miniature golf 1. 5 spaces per hole • Other outdoor entertainment/sports recreation 1 space per 3 persons based on maximum occupancy, plus 1 space per employee on major shift Commercial outdoor pool and tennis facility 1 space per 100 sq. ft. of water surface, and/or 4 spaces per court Construction office, temporary No requirement Construction sales and service See schedule A Contractor office and storage facility See schedule A Convenience store 1 space per 200 sq. ft. for the first 1,000 sq. ft. plus 1 space for each additional 175 sq. ft. Crematorium 1 space per 4 seats in main chapel, plus 1 space per 2 employees on major shift, plus 1 space per company vehicle Equipment sales and rental See schedule A Flea market 1 space per 100 sq. ft. of sales area accessible to the public Funeral home 1 space per 4 seats in main chapel, plus 1 space per 2 employees on major shift, plus 1 space per company vehicle Garden center See schedule A Gasoline station 1 space per employee, plus 1 space per 200 sq. ft. of building area, plus required stacking space Golf course 50 spaces per 9 holes, plus spaces as required for other uses Golf driving range 1.2 spaces for each driving tee Hospital 1 space per 2 beds, plus 1 space per employee on major shift, including doctors Hospital, special care 1 space per 2 beds, plus 1 space per employee on major shift, including doctors Hotel/motel/motor lodge/inn 1 space per guest accommodation, plus 4 spaces per 50 guest rooms, plus spaces as required for other uses. Kennel, commercial 1 space per 500 sq. ft. Laundry 1 space per 300 sq. ft. Manufactured home sales See schedule B Marina See schedule B Medical clinic 3 spaces per examination or treatment room, plus 1 space per employee on major shift including doctors Micro-brewery, distillery, cidery 1 space per employee on major shift, plus 1 space per 5,000 square feet of storage, plus 1 space per 2 seats in tasting room, restaurant, retail; other accessory uses shall provide spaces consistent with the parking requirements for the same use or a use deemed appropriate by the Zoning Administrator Mini warehouse 1 space for each employee, plus 2 spaces for the first 100 storage spaces, plus 1 for each additional 100 storage units or portion thereof Motor vehicle dealership/new See schedule A Motor vehicle dealership/used See schedule A Motor vehicle/rental See schedule A Motor vehicle repair service, major 2 spaces per service bay, plus 1 space per employee on major shift Motor vehicle/repair service, minor 1 space per 200 square feet, plus 2 spaces per service bay, plus 1 space per employee on major shift Motor vehicle/outdoor storage See schedule A Motor vehicle parts/supply, retail See schedule A Pawn shop 1 space per 300 sq. ft. Personal improvement service 1 space per 300 sq. ft. Personal service 1 space per 300 sq. ft. Real estate office, temporary 1 space per 300 sq. ft. Recreational vehicle sales and service See schedule A Restaurant, drive-in fast food • With seats Without seats 1 space per 4 seats, plus 1 space per 4 employees on major shift, plus required stacking space • Without seats 1 space per 60 sq. ft., plus required stacking space Restaurant, general 1 space per 4 seats, plus 1 space per 2 employees on major shift Retail sales See schedule A Shopping center 4.4 spaces per 1,000 sq. ft. Studio, fine arts See schedule B Truck stop See schedule B Veterinary hospital/clinic 1 space per 300 sq. ft. Industrial Use Types Abattoir or livestock processing See schedule A Asphalt plant See schedule B Brewery, Distillery, Cidery See Schedule A Construction yard See schedule A Convenience center See required stacking spaces Custom manufacturing See schedule A Industry, Type I See schedule A Industry, Type II See schedule A Industry, Type III See schedule A Landfill, industrial See schedule B Landfill, rubble See schedule B Landfill, sanitary See schedule B Meat packing 1 space per employee on major shift Resource extraction 1 space per employee on major shift Scrap and salvage service See schedule A Transfer station See schedule B Warehousing and distribution See schedule A Miscellaneous Use Types Alternate discharge sewage No requirement system Amateur radio tower No requirement Aviation facility, commercial See schedule B Aviation facility, general See schedule B Aviation facility, private See schedule B Communication tower 2 spaces per tower Hunt club See schedule B Parking facility, surface/structure No requirement Shooting range, outdoor See schedule B Schedule A This schedule sets forth minimum parking requirements for uses with elements having different functions or operating characteristics within a single overall use. Function of Element Requirement Office or administrative activity 1 space per 300 sq. ft. Indoor sales, display or service area 1 space per 500 sq. ft. Motor vehicle service bay 2 space per service bay Outdoor sales, display or service area 1 space per 2,000 sq. ft. General equipment servicing or manufacturing 1 space per 1,000 sq. ft. Indoor or outdoor storage or warehousing 1 space per 5,000 sq. ft. Schedule B Specific requirements shall be determined by the zoning administrator based on requirements for similar uses, location of the proposed use, expected demand and traffic generated by the proposed use, and appropriate traffic engineering and planning criteria and information. Determinations of requirements may be appealed to the board of zoning appeals. Adopted this 19th day of March, 2015 Rex W. Alphin, Chairman Attest: _________________________________ Carey Mills Storm, Clerk Approved as to Form: _________________________________ Mark Popovich, County Attorney   Planning Commission Meeting June 16, 2015  RDR  Zoning Ordinance Amendments     PLANNING REPORT APPLICATION: An ordinance to amend and reenact the following sections of the Isle of Wight County Code, Appendix B, Zoning: Article IV, Zoning Districts and Boundaries; Article V, Supplementary Use Regulations; Article X, Vehicle Parking Facilities; in order to make revisions based on the County’s ISLE 2040 Plan. ELECTION DISTRICT: All Districts LOCATION: All Residential Zoning Districts DESCRIPTION: The following revisions to the Zoning Ordinance are being proposed by Staff. The purpose of these revisions is to better align the County’s zoning classifications with the land uses identified in the comprehensive plan, to provide options which better reflect current market conditions, to provide more flexibility and ease of use in the ordinance, and to reflect recommended changes from the County’s ISLE 2040 Plan. Each revision is detailed below. 1. Article IV – Zoning Districts and Boundaries a. Village Center – This update provides increased flexibility by allowing for accessory apartments.   Planning Commission Meeting June 16, 2015  RDR  Zoning Ordinance Amendments     b. Neighborhood Conservation – This update provides increased flexibility by allowing for accessory apartments. c. Suburban Estate – This update increases the number of potential units per acre from two (2) units to three (3) units, makes the necessary adjustments to the dimensional requirements, and provides increased flexibility by allowing for accessory apartments. d. Suburban Residential – This update increases the number of potential units per acre from three (3) units to five (5) units, makes the necessary adjustments to the dimensional requirements, and provides increased flexibility by allowing for duplexes. e. Urban Residential – This update increases the number of potential units per acre from three (3) units to ten (10) units, makes the necessary adjustments to the dimensional requirements. f. Planned Development – Residential – This update removes the requirements for a specific residential density and the dimensional requirements for lots, opting instead for allowing the developer to provide a masterplan which creates these standards and will be reviewed and approved by staff, the Planning Commission, and the Board of Supervisors. It also provides increased flexibility by allowing for accessory apartments and duplexes and for a commercial component by providing more permitted and conditional uses. g. Planned Development – Mixed Use – This update increases the potential units per acre in Non-UDA areas from three (3) units to ten (10) units, provides increased flexibility by allowing for accessory apartments and duplexes, and   Planning Commission Meeting June 16, 2015  RDR  Zoning Ordinance Amendments     provides an increase in the commercial area acceptable in the PD-MX zoning. 2. Article V – Supplementary Use Regulations a. Accessory apartments – This update makes adjustments to the requirements for an accessory apartment by reducing the lot size needed, thereby allowing for accessory apartments in more locations; and increasing the size requirements to allow for a more useable apartment size. b. Dwelling, two-family duplex – This update removes the lot size requirement, making duplexes a more practical option throughout all permitted zonings. c. Multifamily dwelling – This update adjusts the requirements for multi-family development, providing more flexibility to the design of the site, and adjusting to the current market conditions and the requirements of surrounding municipalities. Open space requirements are more clearly defined and better compare with surrounding municipalities. Additionally density bonuses were created which will provide incentive for features which benefit the County’s citizens, protect the environment, and create a higher quality development. d. Townhouse – This update adjusts the requirements for multi- family development, providing more flexibility to the design of the site, and adjusting to the current market conditions and the requirements of surrounding municipalities. Open space requirements are more clearly defined and better compare with surrounding municipalities. Additionally density bonuses were created which will provide incentive for features which benefit the County’s citizens, protect the environment, and create a higher quality development.   Planning Commission Meeting June 16, 2015  RDR  Zoning Ordinance Amendments     3. Article X – Vehicle Parking Facilities – This update reduces the number of required parking spaces for the Condominium, Dwelling, Multi-family conversion, Multifamily dwelling, and Townhouse use types. The purpose of this change is to reduce the excessive vacant parking at these facilities and allow more flexibility for the use of the site. The effected redlined sections of the Zoning Ordinance are attached for your review. STAFF RECOMMENDATION: Staff recommends approval of the Zoning Ordinance Amendment as presented. ATTACHMENTS:  Ordinance Amendment Redlined Version  Ordinance Amendment Final Version  Ordinance Amendment Adoption Resolution   APPENDIX B. ‐ ZONING.*  Article IV. Zoning Districts and Boundaries.    Suburban Estate - Sec. 4-6002. Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Forestry operation • Forestry, silvicultural Greenhouse, private B. Residential uses: * Accessory apartment • Residential accessory apartment Dwelling, single-family * Family day care home Group home * Home occupation, Type I * Temporary emergency housing C. Civic uses: * Utility service/minor D. Commercial uses: * Construction office, temporary Real estate office, temporary E. Miscellaneous uses: * Amateur radio tower (7-7-05.) Sec. 4-6003. Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Stable, commercial • In conjunction with a residence APPENDIX B. ‐ ZONING.*  Article IV. Zoning Districts and Boundaries.    * Stable, private B. Residential uses: * Accessory apartment • Residential accessory apartment * Community recreation * Guest house C. Civic uses: * Cemetery • Church Club Cultural service * Educational facility, primary/secondary Halfway house Post office * Public park and recreational area Public safety service * Religious assembly * Utility service/major D. Commercial uses: * Bed and breakfast Boarding house * Commercial outdoor swimming pool and tennis facility * Golf course * Marina E. Miscellaneous uses: * Reconstructed wetland (7-7-05.) Sec. 4-6004. Lot size requirements. A. Minimum lot area: APPENDIX B. ‐ ZONING.*  Article IV. Zoning Districts and Boundaries.    1. With private sewer and water: Thirty thousand (30,000) square feet. 2. With public sewer or water: Twenty thousand (20,000) square feet. 3. With public sewer and water: Twenty Fourteen thousand (20,000 14,000) square feet. B. Minimum lot width: 1. With private sewer and water: One hundred twenty-five (125) feet. 2. With public sewer or water: One hundred twenty (120) feet. 3. With public sewer and water: One hundred twenty ten (120 110) feet. C. Minimum lot frontage: 1. With private sewer and water: One hundred (100) feet. 2. With public sewer or water: Ninety-six (96) feet. 3. With public sewer and water: Ninety-six (96 90) feet. 4. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width of district. (7-7-05.) Sec. 4-6005. Bulk regulations. A. Maximum building height: 1. All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser. B. Maximum density: 1. Conventional single-family subdivision: Two Three (2 3) dwelling units per acre. 2. Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net developable area. C. Minimum front yard setback requirements: 1. Where rights-of-way is > fifty (50) feet, the minimum front yard setback is fifty (50) feet from property line. 2. Where rights-of-way is < fifty (50) feet, the minimum front yard setback is seventy-five (75) feet from centerline of road. D. Minimum side yard setback: 1. One (1) side: Twenty (20) feet. 2. Both sides: Forty (40) feet. E. Minimum rear yard setback: ..... Thirty-five (35) feet. (7-7-05.) 1. Front yard: Thirty-five (35) feet. 2. Side yard: Fifteen (15) feet. 3. Rear yard: Twenty-five (25) feet. Suburban Residential - Sec. 4-7002. Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. APPENDIX B. ‐ ZONING.*  Article IV. Zoning Districts and Boundaries.    A. Agricultural uses: * Forestry operation • Forestry, silvicultural B. Residential uses: Dwelling, single-family Dwelling, two-family * Family day care home Group home * Home occupation, Type I * Temporary emergency housing C. Civic uses: * Utility service/minor D. Commercial uses: * Construction office, temporary Real estate office, temporary E. Miscellaneous uses: * Amateur radio tower (7-7-05.) Sec. 4-7003. Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Greenhouse, private B. Residential uses: * Accessory apartment • Residential accessory apartment * Community recreation C. Civic uses: * Cemetery • Church APPENDIX B. ‐ ZONING.*  Article IV. Zoning Districts and Boundaries.    Club Cultural service * Educational facility, primary/secondary Halfway house Post office * Public park and recreational area Public safety service * Religious assembly * Utility service/major D. Commercial uses: * Bed and breakfast Boarding house * Commercial outdoor swimming pool and tennis facility * Golf course * Marina E. Miscellaneous uses: * Aviation facility, private * Reconstructed wetland (7-7-05.) Sec. 4-7004. Lot size requirements. A. Minimum lot area: 1. With private sewer and water: Thirty thousand (30,000) square feet. 2. With public sewer or water: Twenty Fourteen thousand (20,000 14,000) square feet. 3. With public sewer and water: Fifteen Eight thousand five hundred (15,000 8,500) square feet. B. Minimum lot width: 1. With private sewer and water: One hundred twenty-five (125) feet. 2. With public sewer or water: One hundred twenty-five ten (125 110) feet. 3. With public sewer and water: Eighty Sixty (80 60) feet. C. Minimum lot frontage: 1. With private sewer and water: One hundred (100) feet. 2. With public sewer or water: One hundred Ninety (100 90) feet. APPENDIX B. ‐ ZONING.*  Article IV. Zoning Districts and Boundaries.    3. With public sewer and water: Sixty-four Fifty-five (64 55) feet. 4. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width. (7-7- 05.) Sec. 4-7005. Bulk regulations. for lots recorded after July 1, 1997. A. Maximum building height: 1. All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser. B. Maximum density: 1. Conventional single-family subdivision: Three Five (3 5) dwelling units per acre. 2. Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net developable area. C. Minimum setback requirements: 1. Front yard: Twenty-five (25) feet. 2. Side yard: Seven and One-half (7.5) feet. 3. Rear yard: Twenty (20) feet. C. Minimum front yard setback: 1. Where rights-of-way is > fifty (50) feet, the minimum front yard setback is thirty-five (35) feet from property line. 2. Where rights-of-way is < fifty (50) feet, the minimum front yard setback is sixty (60) feet from centerline of road. D. Minimum side yard setback: 1. One (1) side: Twelve (12) feet. 2. Both sides: Twenty-four (24) feet. E. Minimum rear yard setback: ..... Twenty-five (25) feet. (7-7-05.) Sec. 4-7006. Bulk regulations for lots recorded before July 1, 1997. A. Maximum building height: 1. All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser. B. Minimum front yard setback: 1. Where rights-of-way is > fifty (50) feet, the minimum front yard setback is thirty-five (35) feet from property line. 2. Where rights-of-way is < fifty (50) feet, the minimum front yard setback is sixty (60) feet from centerline of road. C. Minimum side yard setback: 1. One (1) side: Ten (10) feet. 2. Both sides: Twenty-five (25) feet. D. Minimum rear yard setback: ..... Twenty-five (25) feet. (7-7-05.) APPENDIX B. ‐ ZONING.*  Article IV. Zoning Districts and Boundaries.    Sec. 4-70076. - Additional regulations. A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements. B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to article VII for general design guidelines and development review procedures. D. Refer to article VIII for landscaping and open space standards. E. Refer to article IX for sign standards. F. Refer to article X for vehicle parking facilities requirements. G. Refer to article XI for outdoor lighting requirements and restrictions. (7-7-05.)  Urban Residential - Sec. 4-8002. Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Forestry operation • Forestry, silvicultural B. Residential uses: * Condominium * Dwelling, multifamily conversion Dwelling, single-family * Dwelling, two-family * Family day care home Group home * Home occupation, Type I * Multifamily dwelling * Temporary emergency housing * Townhouse C. Civic uses: * Utility service/minor D. Commercial uses: APPENDIX B. ‐ ZONING.*  Article IV. Zoning Districts and Boundaries.    * Construction office, temporary Real estate office, temporary E. Miscellaneous uses: * Amateur radio tower (7-7-05.) Sec. 4-8003. Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Greenhouse, private B. Residential uses: * Accessory apartment • Residential accessory apartment * Community recreation C. Civic uses: * Cemetery • Church Club Cultural service * Educational facility, primary/secondary Halfway house Life care facility * Nursing home Post office * Public park and recreational area Public safety service * Religious assembly * Utility service/major D. Commercial uses: * Bed and breakfast APPENDIX B. ‐ ZONING.*  Article IV. Zoning Districts and Boundaries.    Boarding house * Commercial indoor sports and recreation * Commercial outdoor swimming pool and tennis facility * Golf course * Marina * Restaurant, drive-in fast food Restaurant, general Retail sales Studio, fine arts E. Miscellaneous uses: * Reconstructed wetland (7-7-05; Ord. No. 2013-2-C, 4-18-13.) Sec. 4-8004. Lot size requirements. A. Minimum lot area: 1. With private sewer and water: Thirty thousand (30,000) square feet. 2. With public sewer or water: Twenty thousand (20,000) square feet. 3. With public sewer and water: Twelve Four thousand (12,000 4,000) square feet. B. Minimum lot width: 1. With private sewer and water: One hundred twenty-five (125) feet. 2. With public sewer or water: One hundred twenty-five (125) feet. 3. With public sewer and water: Eighty Fifty-five (80 55) feet. C. Minimum lot frontage: 1. With private sewer and water: One hundred (100) feet. 2. With public sewer or water: One hundred (100) feet. 3. With public sewer and water: Fifty-six Forty (56 40) feet. 2. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width of district. (7-7-05.) Sec. 4-8005. Bulk regulations for lots recorded after July 1, 1997. A. Maximum building height: 1. All buildings: Thirty-five Forty-five (35 45) feet or three four (3 4) stories, whichever is lesser. B. Maximum density: APPENDIX B. ‐ ZONING.*  Article IV. Zoning Districts and Boundaries.    1. All development options, single-family, townhouse, or multi-family Conventional single-family subdivision: Three Ten (3 10) dwelling units per acre. 2. Townhouse developments: Ten (10) dwelling units per acre. 3. Multifamily residences and condominiums: Fourteen (14) dwelling units per acre. 2. The density requirements for an attached townhouse or a multifamily dwelling development shall comply with the provisions in the supplementary use regulations in section 5-5002 4. Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net developable area. C. Minimum front yard setback: 1. Where rights-of-way is > fifty (50) feet, the minimum front yard setback is thirty (30) feet from property line. 2. Where rights-of-way is < fifty (50) feet, the minimum front yard setback is fifty-five (55) feet from centerline of road. D. Minimum side yard setback: 1. One (1) side: Eight (8) feet. 2. Both sides: Sixteen (16) feet. E. Minimum rear yard setback: ..... Twenty (20) feet. C. Minimum setback requirements: 1. Front yard: Twenty (20) feet. 2. Side yard: Five (5) feet. 3. Rear yard: Twenty (20) feet. D. Maximum lot coverage: ..... Thirty Sixty percent (30% 60%). (7-7-05.) Sec. 4-8006. Bulk regulations for lots recorded before July 1, 1997. A. Maximum building height: 1. All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser. B. Minimum front yard setback: 1. Where rights-of-way is > fifty (50) feet, the minimum front yard setback is thirty-five (35) feet from property line. 2. Where rights-of-way is < fifty (50) feet, the minimum front yard setback is sixty (60) feet from centerline of road. C. Minimum side yard setback: 1. One (1) side: Ten (10) feet. 2. Both sides: Twenty (20) feet. D. Minimum rear yard setback: ..... Twenty-five (25) feet. (7-7-05.) Sec. 4-80076. - Additional regulations. APPENDIX B. ‐ ZONING.*  Article IV. Zoning Districts and Boundaries.    A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5- 3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements. B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to article VII for general design guidelines and development review procedures. D. Refer to article VIII for landscaping and open space standards. E. Refer to article IX for sign standards. F. Refer to article X for vehicle parking facilities requirements. G. Refer to article XI for outdoor lighting requirements and restrictions. (7-7-05.) Planned Development – Residential - Sec. 4-15002. Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Forestry operation • Forestry, silvicultural B. Residential uses: * Accessory apartment • Residential accessory apartment • Commercial accessory apartment * Community recreation * Condominium Dwelling, single-family Dwelling, two-family * Family day care home Group home * Home occupation, Type I * Multifamily dwelling * Temporary emergency housing * Townhouse C. Civic uses: * Community center APPENDIX B. ‐ ZONING.*  Article IV. Zoning Districts and Boundaries.    Cultural service * Educational facility, primary/secondary * Public park and recreational area Public safety service * Utility service/minor D. Office uses: Financial institution General office D.E. Commercial uses: Business support service * Construction office, temporary Personal improvement service Personal service Real estate office, temporary Restaurant, general Studio, fine arts Veterinary hospital/clinic E.F. Miscellaneous uses: * Amateur radio tower (7-7-05.) Sec. 4-15003. Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Forestry operation • Timbering Greenhouse, private * Stable, commercial • In conjunction with residence * Stable, private APPENDIX B. ‐ ZONING.*  Article IV. Zoning Districts and Boundaries.    B. Residential uses: * Accessory apartment * Residential accessory apartment * Dwelling, multifamily conversion * Dwelling, two-family C. Civic uses: * Adult care center Assisted living facility * Cemetery • Church * Child care center Club Educational facility, college/university Halfway house Life care facility * Nursing home Park and ride facility * Public park and recreation area Public safety service * Religious assembly * Utility service/major D. Office uses: Medical office E. Commercial uses: * Bed and breakfast Boarding house Commercial indoor amusement Commercial indoor entertainment * Commercial indoor sports and recreation * Commercial outdoor entertainment/sports and recreation APPENDIX B. ‐ ZONING.*  Article IV. Zoning Districts and Boundaries.    * Commercial outdoor swimming pool and tennis facility Convenience store * Golf course * Marina Medical clinic Retail sales E.F. Miscellaneous uses: * Reconstructed wetland (7-7-05.) Sec. 4-15004. Lot size requirements. A. Minimum tract size. ..... Minimum area required for creation of a PD-R District shall be twenty (20) acres. Incremental additions to such districts shall be immediately adjacent to the existing PD-R District and must be appropriately sized for proposed improvements on such addition to meet all required lot size and bufferyard requirements, bulk regulations, and additional site plan requirements as specified in the zoning ordinance. The minimum required area may be in a parcel in single ownership or in combination with contiguous parcels. If an application is to be made for rezoning to planned development residential in contiguous parcels, the applicant must provide legal agreements showing marketable title to the subject properties and the source of the applicant's title and interest in the subject properties. B. Minimum lot area, width, frontage and bulk regulations. ..... There shall be no minimum lot area, width, frontage and setback requirements for any lot within a planned development residential district other than as specified in an approved master development plan. A. Minimum tract size: ..... The minimum area required for creation of PD-R District is twenty (20) acres. The minimum required area may be in a parcel in single ownership or in combination with contiguous parcels. If an application is to be made for rezoning to a planned development residential in contiguous parcels, the applicant must provide legal agreements showing marketable title to the subject properties and the source of the applicant's title and interest in the subject properties. B. Minimum lot area: 1. Single-family detached home: Eight thousand (8,000) square feet. 2. Zero lot line: Six thousand (6,000 ) square feet. C. Minimum lot width: 1. Single-family detached home: Sixty (60) feet. 2. Zero lot line: Fifty (50) feet. D. Minimum frontage requirements: 1. Single-family detached: Forty-eight (48) feet. 2. Zero lot line: Forty (40) feet. APPENDIX B. ‐ ZONING.*  Article IV. Zoning Districts and Boundaries.    E. [Lot size compliance.] ..... The lot size requirements for an attached townhouse or for a multifamily dwelling developments shall comply with the provisions in the supplementary use regulations in section 5-5002. (7-7-05.) Sec. 4-15006. Bulk regulations. A. Maximum building height: 1. All buildings: Thirty-five Fifty (35 50) feet. or three (3) stories, whichever is lesser. B. Maximum density: 1. Conventional sSingle-family subdivision: Three and one-half Ten (3.5 10) dwelling units per acre. 2. Floor area ratio for nonresidential: One-fourth (0.25) square foot per foot of net developable area. 3. The density requirements for an attached townhouse or a multifamily dwelling development shall comply with the provisions in the supplementary use regulations in section 5-5002 C. Minimum setback requirements: 1. Minimum front yard setback: a. Single-family detached: Twenty-five (25 20) feet. b. Zero lot line: Twenty-five (25 20) feet. 2. Minimum side yard setback: a. Single-family detached: Eight (8) feet. b. Zero lot line: Zero (0) to ten eight (10 8) feet. 3. Minimum rear yard setback: a. Single-family detached: Twenty (20) feet. b. Zero lot line: Twenty (20) feet. 4. [Bulk regulations.] ..... The bulk regulations for an attached townhouse or a multifamily dwelling development shall comply with the provisions in the supplementary use regulations in section 5- 5002. D. Maximum lot coverage: 1. Single-family detached: Forty Sixty percent (40% 60%). 2. Zero lot line: Fifty Sixty percent (50% 60%). 3. The maximum coverage requirements for an attached townhouse or a multifamily dwelling development shall comply with the provisions in the supplementary use regulations in section 5- 5002 E. Landscaping. 1. The minimum landscaping requirements for an attached townhouse or a multifamily dwelling development shall comply with the provisions in the supplementary use regulations in section 5- 5002 and the requirements of article VIII. (7-7-05.) C. Maximum coverage: The open space ratio shall be established as part of the master development plan approval and shall supersede requirements for specific uses. APPENDIX B. ‐ ZONING.*  Article IV. Zoning Districts and Boundaries.    Planned Development – Mixed-Use - Sec. 4-18002. Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Forestry operation • Forestry, silvicultural B. Residential uses: * Accessory apartment • Residential accessory apartment • Commercial accessory apartment * Community recreation * Condominium Dwelling, single-family Dwelling, two-family * Family day care home * Home occupation, Type I * Multifamily dwelling * Temporary emergency housing * Townhouse C. Civic uses: * Cemetery • Private * Community center Cultural service * Educational facility, primary/secondary * Public park and recreational area Public safety service * Utility service/minor D. Office uses: Financial institution APPENDIX B. ‐ ZONING.*  Article IV. Zoning Districts and Boundaries.    General office E. Commercial uses: * Antique shop * Bed and breakfast Business support service * Construction office, temporary * Golf course * Motor vehicle parts/supply, retail Personal improvement service Personal service Real estate office, temporary * Restaurant, drive-in fast food Restaurant, general Retail sales Studio, fine arts Veterinary hospital/clinic F. Miscellaneous uses: * Amateur radio tower (7-7-05; Ord. No. 2011-13-C, 8-4-11; Ord. No. 2013-2-C, 4-18-13.) Sec. 4-18003. Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Agriculture • Assembly and repair of farm equipment Farmer's market * Forestry operation • Timbering Greenhouse, private APPENDIX B. ‐ ZONING.*  Article IV. Zoning Districts and Boundaries.    * Stable, commercial • In conjunction with residence • Not in conjunction with residence * Stable, private B. Residential uses: * Accessory apartment • Residential accessory apartment * Dwelling, multifamily conversion * Dwelling, two-family Group home C. Civic uses: * Adult care center Assisted living facility * Cemetery • Church • Public * Child care center Club Educational facility, college/university Halfway house Life care facility * Nursing home Park and ride facility Post office Public assembly * Religious assembly * Utility service/major D. Office uses: Medical office E. Commercial uses: APPENDIX B. ‐ ZONING.*  Article IV. Zoning Districts and Boundaries.    Agricultural service • Farm supplies, equipment sales and service • Commercial assembly and repair of all equipment normally used in agricultural, silvicultural, and horticultural operation Boarding house Business or trade school Commercial indoor amusement Commercial indoor entertainment * Commercial indoor sports and recreation * Commercial outdoor entertainment/sports and recreation * Commercial outdoor swimming pool and tennis facility * Convenience store * Funeral home * Garden center * Gasoline station * Golf driving range Hospital Hospital, special care Hotel/motel/motor lodge/inn * Kennel, commercial * Marina Medical clinic * Mini-warehouse Motor vehicle/outdoor storage * Motor vehicle repair service/minor F. Industrial uses: * Construction yard Custom manufacturing G. Miscellaneous uses: * Aviation facility, general APPENDIX B. ‐ ZONING.*  Article IV. Zoning Districts and Boundaries.    * Aviation facility, private * Communication tower Parking facility, surface/structure * Reconstructed wetland (7-7-05; Ord. No. 2011-13-C, 8-4-11; Ord. No. 2013-2-C, 4-18-13.) Sec. 4-18006. Bulk regulations. A. Maximum building height: 1. All buildings: Fifty (50) feet. B. Density requirements (for non-UDA areas): ..... Maximum Nnumber of dwelling units per acre: 1. Conventional single-family subdivision: Three and one-half Ten (3.5 10). 2. Townhouse developments: Ten (10). 3. Multifamily residences and condominiums: Fourteen (14). 2. The density requirements for an attached townhouse or a multifamily dwelling development shall comply with the provisions in the supplementary use regulations in section 5-5002 43. Floor area ratio for nonresidential: Thirty-five hundredths Three-fourths (0.35 0.75) square foot per foot of net developable area. C. Density requirements for UDA areas: ..... Minimum number of dwelling units per acre: 1. Conventional single-family subdivision: Four (4). 2. Townhouse developments: Six (6). 3. Multifamily residences and condominiums: Twelve (12). 4. Floor area ratio for nonresidential: Four-tenths (0.4) square foot per foot of net developable area. D. Maximum coverage: ..... The open space ratio shall be established as part of the master development plan approval and shall supersede requirements for specific uses. (7-7-05; Ord. No. 2011-13-C, 8-4- 11.) Sec. 4-18007. Commercial and industrial uses. A. No more than forty fifty percent (40% 50%) of the total land, which may be zoned planned development mixed use district shall be devoted to office, commercial and/or industrial uses. (7-7-05; Ord. No. 2011- 13-C, 8-4-11.) APPENDIX B. ‐ ZONING.*  Article V. Supplementary Use Regulations.  Sec. 5-5002. Supplementary use regulations for residential use types. A. Accessory apartment. ..... It is the specific purpose and intent to allow accessory apartments through conversion of existing larger residential structures and in the construction of new structures. Such uses are to provide the opportunity and encouragement to meet the special housing needs of single persons and couples of low- and moderate-income, both young and old, as well as relatives of families residing in the county. It is furthermore the intent and purpose of accessory apartments to allow the more efficient use of the county's existing housing stock, in a manner consistent with the land use objectives identified in the comprehensive plan and to provide alternative housing opportunities while protecting and preserving property values and community character. To help achieve these goals and purposes, the following standards are set forth as conditions for such accessory uses: 1. Residential accessory apartment. ..... Where allowed as a permitted or a conditional use in the underlying zoning district, the following shall apply: a. A conditional use permit shall be required for an accessory apartment on any lot which does not have one hundred and fifty percent (150%) of the minimum lot size requirement for the zoning district in which the use is located, except that this requirement will not apply in the RAC and RR zoning districts. b. 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. An accessory apartment may only be located in an accessory structure when the lot in question has one hundred and fifty percent (150%) or greater of the minimum lot size requirement for the zoning district in which the use is located. 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 (150) percent 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. dc. Apartment size. i. Minimum floor area: Three Four hundred (300 400) 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-five (30 35) percent 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 (50) percent of the floor area of the accessory building. ed. Maximum number of bedrooms. ..... No more than two (2) bedrooms are permitted in an accessory apartment. fe. Maximum number of accessory apartments. ..... No more than one (1) accessory apartment is permitted per parcel. gf. 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 APPENDIX B. ‐ ZONING.*  Article V. Supplementary Use Regulations.  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. hg. 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. ih. 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. dc. Maximum floor area. i. The maximum floor area of an accessory apartment located above a commercial unit shall not exceed fifty (50) percent 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 (35) percent of the entire unit. ed. Maximum number of bedrooms. ..... No more than two (2) bedrooms are permitted in an accessory apartment. fe. Maximum number of accessory apartments. ..... No more than one (1) accessory apartment is permitted per commercial use. gf. Exterior appearance. i. The entry to the apartment shall be located on the side or rear of the commercial unit, and the building design shall maintain its commercial character and appearance. ii. No accessory apartment shall be attached to a commercial unit by open walkways, breezeways, patios, decks, etc. hg. 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. ih. Parking. ..... Parking for the apartment must be located to the rear or side of the commercial unit. Each apartment must be provided two one and one-half (2 1.5) 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. APPENDIX B. ‐ ZONING.*  Article V. Supplementary Use Regulations.  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. 8. Vehicular parking shall be in accordance with the requirements of this ordinance and shall not be designed as to require or encourage cars to back into a street. a. A reduction of up to twenty-five (25) percent may be granted administratively if the development contains bike paths and a bike parking area. This reduction does not apply to the requirements for employee vehicular parking, or to any community recreational facility open to the general public. 9. A landscaped buffer shall be provided for all community recreational uses in accordance with the requirements for civic use types in article VIII. a. Tot lots developed separately from other recreational areas may be exempt from landscaping requirements. 10. Lighting shall be installed in accordance with article XI and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. 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 (150) percent of the minimum lot size in the district in which it is located. APPENDIX B. ‐ ZONING.*  Article V. Supplementary Use Regulations.  b. Conversions into three (3) dwelling units shall require at least two hundred (200) percent of the minimum lot size in the district in which it is located. c. Conversions into four (4) dwelling units shall require at least two hundred fifty (250) percent 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 (150) percent of the minimum lot size in the district in which it is located. 21. 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. 32. Water and sewer service. ..... Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Department of Health or the Isle of Wight County Department of Public Utilities. G. Family day care home (serving six (6) to twelve (12) children). ..... The following must be satisfied prior to the issuance of a zoning permit for a family day care home serving six (6) through twelve (12) children: 1. The zoning administrator shall send written notification by certified letter to the last known address of each adjacent property owner advising of the proposed family day care home. 2. If no written objection from any property owner so notified is received within thirty (30) days of the date of sending the notification letter and the zoning administrator determines that the family day care home otherwise complies with the zoning ordinance, the zoning administrator may issue a zoning permit for the family day care home. 3. If written objection from any property owner so notified is received within thirty (30) days of sending the notification letter, then the zoning administrator may not issue a zoning permit unless and until such time as a conditional use permit for the family day care home is approved by the board of supervisors with a recommendation by the planning commission. H. Guest house. 1. Location. ..... A guest house shall be located 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. APPENDIX B. ‐ ZONING.*  Article V. Supplementary Use Regulations.  3. Minimum lot size. ..... The minimum lot size for a primary dwelling with a guest house shall be one hundred fifty (150) percent 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 (30) percent 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. 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 APPENDIX B. ‐ ZONING.*  Article V. Supplementary Use Regulations.  • 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. 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 one (1) vehicle may be displayed at any time) • Repair of small appliances, small engines and limited machining of small parts, office machines, cameras, and similar small items • Repair or servicing of small internal combustion engines used in lawn mowers, edgers, hedge trimmers, power saws and similar yard maintenance equipment inside enclosed structure APPENDIX B. ‐ ZONING.*  Article V. Supplementary Use Regulations.  • Retail sales of agricultural, craft and woodworking products principally produced on-site • Taxidermy (See supplementary use regulations section 5-5005.AA) • Telephone answering service • Veterinary services • Waterman's operation with on-premises wholesale and retail sale prohibited • Wood working and furniture repair, upholstery and cabinet making 5. Uses that are prohibited as home occupations. ..... The following uses shall be prohibited as home occupations: • Vehicle or boat repair or painting • Equipment or vehicle rental • Seafood or bait sales • Furniture sales • Funeral director, mortuary or undertaker • Laboratory shop • Medical or dental clinic • Private clubs • Restaurants • Animal hospitals • Commercial stables • Commercial kennels • Antique shops • Gun shops, sale of 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 (25) percent 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. APPENDIX B. ‐ ZONING.*  Article V. Supplementary Use Regulations.  c. No dwelling or structure shall be altered, occupied, or used in a manner, which would cause the premises to differ from a character consistent with a residential use. The use of colors, materials, construction, lighting, or other means inconsistent with a residential use shall be prohibited. d. There shall be no outside storage of goods, products, equipment, excluding motor vehicles, or other materials associated with the home occupation. No toxic, explosive, flammable, radioactive, or other hazardous materials used in conjunction with the home occupation shall be used, sold, or stored on the site. e. The type and volume of traffic generated by a home occupation shall be consistent with the traffic generation characteristics of other dwellings in the area. f. Off street parking shall be provided as appropriate for the specific nature of the home occupation. g. The home occupation shall not involve the commercial delivery of materials or products to or from the premises. This excludes delivery by the United States Postal Service, Federal Express (FEDEX), United Parcel Service (UPS) or similar delivery services customarily found in residential areas. h. The home occupation shall not increase demand on water, sewer, or garbage collection services to the extent that the combined demand for the dwelling and home occupation is significantly more than is normal to the use of the property for residential purposes. i. No equipment or process shall be used in a home occupation which creates noise in excess of 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. APPENDIX B. ‐ ZONING.*  Article V. Supplementary Use Regulations.  a. Storage of goods or products shall not exceed ten (10) percent of the finished floor area devoted to the home occupation. b. One (1) person who is not a permanent resident of the dwelling may be engaged or employed in the home occupation. c. An accessory building or structure may be used with the home occupation, provided that the total floor area devoted to the home occupation in the accessory structure and dwelling unit does not exceed thirty (30) percent 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. 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. APPENDIX B. ‐ ZONING.*  Article V. Supplementary Use Regulations.  b. A family member manufactured home shall not be permitted prior to the construction and occupancy of the primary dwelling. c. The manufactured home shall be removed not later than ninety (90) days after no longer being occupied by the specified occupants. 2. The minimum lot size for a primary residence with a family member manufactured home shall be one hundred fifty (150) percent of the minimum square footage required by the underlying zoning district. 3. Where public sewer is not available, the Isle of Wight County Health Department shall approve sewage disposal for all family member manufactured homes. 4. Only one (1) family member manufactured home is allowed per parcel. 5. No family member manufactured home shall be allowed on a lot with another manufactured home, Class B. 6. A zoning permit shall not be issued for a family member manufactured homes until the following procedure has been completed: a. The zoning administrator is to send written notification by certified letter to the last known address of each 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 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. APPENDIX B. ‐ ZONING.*  Article V. Supplementary Use Regulations.  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. Multifamily dwellings located on less than three (3) contiguous acres shall obtain a conditional use permit. 23. Density controls for multifamily apartment development. a. Lot area and dimensions. i. Minimum lot area: ..... Fifteen thousand (15,000) square feet. (Note: Multifamily dwellings located on less than three (3) contiguous acres shall obtain a conditional use permit.) iii. Minimum frontage: ..... One hundred (100) feet in continuous frontage. iiiii. Minimum lot depth: ..... One hundred (100) feet. iviii. Minimum setbacks: Front: Thirty (30) feet. Side: Fifteen (15) feet. Rear: Twenty (20) feet. 34. 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. An additional setback of one (1) foot for each one (1) foot of height in excess of thirty-five (35) feet shall be required from all public streets and any property line adjacent to single-family residential districts or property used for single family dwellings. No parking or refuse containers should be located within this setback area. 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. eb. The minimum distance between multifamily structures shall be fifty (50) feet no less than the height of the taller of the two (2) adjacent structures. 45. Maximum Base density: ..... Fourteen (14) dwelling units per acre. a. A density bonus of one and one-half (1.5) units per acre will be granted for each of the following:  For every ten percent (10%) of the units committed to the provision of affordable and workforce housing. APPENDIX B. ‐ ZONING.*  Article V. Supplementary Use Regulations.   Dedication to the County a public use site, the developable portion of which is suitable for a public facility.  Environmental protections which exceed the requirements of County Ordinances or restore degraded habitats.  Enhanced stormwater management through better site design/low impact development techniques/implementation of projects which provide stormwater management beyond the scope of the project, as approved by the Zoning Administrator. b. A density bonus of one-half (0.5) units per will be granted for each of the following:  Swimming pool  Clubhouse  Lighted recreational facility (tennis, basketball, etc.)  Dock, pier, boat ramp  Other recreational amenities can be considered by the Zoning Administrator 56. Building Lot coverage: ..... The maximum lot coverage for principal and accessory buildings shall be forty sixty (40 60) percent of the total tract area. 67. Open space: a. A minimum of forty-five (45) percent of the total site area seven hundred and fifty (750) square feet per unit 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 (25) percent of the above-referenced open space be suitable for usable recreational space. cb. 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. 78. [Multifamily apartments:] ..... Multifamily apartments shall be provided with central public water and public sewerage systems constructed in accordance with county standards and specifications for such systems and be approved by all appropriate agencies. 89. [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. 1311. 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. APPENDIX B. ‐ ZONING.*  Article V. Supplementary Use Regulations.  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. 14.12. 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. 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. APPENDIX B. ‐ ZONING.*  Article V. Supplementary Use Regulations.  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.) b. Base density: Fourteen (14) dwelling units per acre. c. A density bonus of one and one-half (1.5) units per acre will be granted for each of the following:  For every ten percent (10%) of the units committed to the provision of affordable and workforce housing.  Dedication to the County a public use site, the developable portion of which is suitable for a public facility.  Environmental protections which exceed the requirements of County Ordinances or restore degraded habitats.  Enhanced stormwater management through better site design/low impact development techniques/implementation of projects which provide stormwater management beyond the scope of the project, as approved by the Zoning Administrator. d. A density bonus of one-half (0.5) units per acre will be granted for each of the following facilities on the site:  Swimming pool  Clubhouse  Lighted recreational facility (tennis, basketball, etc.)  Dock, pier, boat ramp  Other recreational amenities can be considered by the Zoning Administrator 2. Townhouse developments: a. Each parcel utilized for townhouse development shall have a minimum frontage of at least two one hundred (200 100) feet upon a public street and shall have a minimum depth of not less than two one hundred (200 100) 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. cb. The total of all building areas shall not exceed forty (40) percent of the gross site acreage of the townhouse development. The maximum lot coverage shall be sixty (60) percent of the total tract area. 3. Townhouse lots: APPENDIX B. ‐ ZONING.*  Article V. Supplementary Use Regulations.  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 20) feet. b. Side yards. ..... Side yards shall be required only for end unit lots of a townhouse structure and shall be ten (10) feet in width, except that. 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 shall meet the required minimum front yard setback. c. Rear yards. ..... A rear yard of twenty-five (25 20) feet shall be provided for each townhouse lot. 5. Building coverage: ..... The maximum lot coverage for principle and accessory buildings shall be forty (40) percent of the total tract areas. 65. Building requirements and relationship: a. Dwelling units per townhouse structure and length of structure. ..... No more than eight ten (8 10) 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 thirty (40 30 feet. The setback shall be increased to sixty fifty (60 50) 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. 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. 76. [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. 97. Utilities—Water and sewage systems: a. Townhouses shall be provided with central public 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. APPENDIX B. ‐ ZONING.*  Article V. Supplementary Use Regulations.  b. All utilities shall be located underground. 108. [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. 129. Open space: ..... A minimum of forty (40) percent seven hundred and fifty (750) square feet per unit of open space shall be maintained as open space. This required open space shall not be devoted to service driveways, off-street parking, or loading spaces. of the lot, parcel, or tract of land upon which the townhouse development is located shall be maintained in common open space areas. 1310. Landscaping: ..... For the purpose of landscaping, townhouses shall be treated as a commercial use type and required to submit a landscaping plan meeting all of the guidelines and specifications of article VIII pertaining to such use types. 14. Lighting: ..... Lighting shall be installed in accordance with article XI and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. 15. Site plan approval: ..... Site plans shall be required for all townhouse developments in accordance with the provisions of this ordinance. 1611. 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. 1712. 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. No more than two (2) consecutive units shall have the same façade plane, and no more than 50% of the units in any building shall have the same façade plane. 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 APPENDIX B. ‐ ZONING.*  Article V. Supplementary Use Regulations.  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 (80) percent front yard soft landscaping shall be planted. d. Garages shall not protrude beyond the farthest wall of the residential building on the same side. de. 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. ef. Pedestrian pathways shall be used to link all buildings, green spaces, and recreational areas within the development. Buildings shall be linked to sidewalks and to each other as appropriate. These walkways shall be landscaped and lighted. (7-7-05; 7-17-14.) Sec. 10-1010. Table of use types and parking requirements. USE PARKING REQUIREMENT Agricultural Use Types Agriculture No requirement Aquaculture No requirement Commercial feedlot No requirement Farm employee housing No requirement Farmer's market 1 space per 100 sq. ft., 5 spaces minimum Forestry operation No requirement Greenhouse, private No requirement Livestock auction market See schedule B Stable, commercial 1 space per employee on major shift, plus 1 space for every 4 animals stabled Stable, private No requirement Sawmill No requirement Wayside stand 1 space per 100 sq. ft., 3 spaces minimum Residential Use Types Accessory apartment 1 additional space Community recreation See schedule B Condominium 2 1 spaces per 1 bedroom unit 2.25 2 spaces per 2 bedroom unit 2.5 2.25 spaces per 3 bedroom unit 1 visitor space for every 3 5 units Dwelling, multifamily conversion 2 1 spaces per 1 bedroom unit 2.25 2 spaces per 2 bedroom unit 2.5 2.25 spaces per 3 bedroom unit Dwelling, single-family 2 spaces per dwelling Dwelling, two-family 2 spaces per dwelling unit Family day care home 1 space per nonresident employee** Group home 2 spaces per dwelling Guest house 1 additional space Home occupation No requirement Human care facility See schedule B Kennel, private No requirement Manufactured home, Class A 2 spaces per dwelling Manufactured home, Class B 2 spaces per dwelling Manufactured home, Class C 2 spaces per dwelling Manufactured home, emergency residence 2 spaces per dwelling Manufactured home, family member residence 1 additional space Manufactured home park 2 spaces per dwelling Manufactured home subdivision 2 spaces per dwelling Manufactured home, temporary residence 2 spaces per dwelling (can be converted for permanent dwelling) Multifamily dwelling 2 1 spaces per 1 bedroom unit 2.25 2 spaces per 2 bedroom unit 2.5 2.25 spaces per 3 bedroom unit 1 visitor space for every 3 5 units Townhouse 2 1 spaces per 1 bedroom unit 2.25 2 spaces per 2 bedroom unit 2.5 2.25 spaces per 3 bedroom unit 1 visitor space for every 3 5 units Civic Use Types Administrative service 3 spaces per 1,000 sq. ft, plus 1 space per vehicle based at facility Adult care center 1 space per 3 residents, plus 1 space each employee on major shift Assisted living facility 1 space per 3 residents, plus 1 space each employee on major shift Cemetery See schedule B Child care institution 1 space per employee on major shift, plus 1 space per 20 children, plus 1 space for each vehicle associated with facility Child care center 1 space per employee on major shift, plus 1 space per 20 children, plus 1 space for each vehicle associated with facility Club 1 space per 3 persons based on maximum occupancy Community center 1 space per 250 sq. ft. Correctional facility See schedule B Crisis center 1 space per 2 persons of residential occupancy Cultural service 1 space per 300 sq. ft. Educational facility, college/university See schedule B Educational facility, primary/secondary See schedule B, but no less than 1 space per employee on major shift, plus 1 space per 4 students in the 11th and 12th grades Halfway house 1 space per 2 persons of residential occupancy Life care facility 1 space per 3 residents, plus 1 space each employee on major shift Nursing home 1 space per 3 residents, plus 1 space each employee on major shift Park and ride facility No requirement Post office See Schedule A Public assembly 1 space per 4 seats or similar accommodations provided Public maintenance and service facility See schedule A Public park and recreational area See schedule B Public safety service 3 spaces per vehicle based at facility Religious assembly 1 space per 4 seats in principle place of worship Rehabilitation service 1 space per 3 residents, plus 1 space each employee on major shift Utility service, major See schedule B Utility service, minor No requirement Office Use Types Financial institution 1 space per 300 sq. ft., plus required stacking spaces General office 1 space per 250 sq. ft. Laboratory 1 space per 1.5 employees on major shift, plus 1 per company vehicle Medical office 7 spaces per practitioner, or 1 space per 200 sq. ft., whichever is greater Commercial Use Types Adult entertainment establishment 1 space per 200 sq. ft. Agricultural service See schedule A Antique shop 1 space per 400 sq. ft. Bed and breakfast 1 space per guest room, plus 2 spaces for owner's unit Boarding house 1 space per sleeping room Business support service 1 space per 250 sq. ft. Business or trade school See schedule B, but no less than 1 space per 4 students Campground 1 space per campsite, plus spaces required for other uses Car wash 1 space per employee on major shift, plus required stacking spaces Commercial indoor amusement 1 space per 3 persons based on maximum occupancy load Commercial indoor entertainment 1 space per 4 seats or similar accommodations, plus 1 space per 2 employees on major shift. Commercial Indoor Sports and Recreation • Bowling alley 3 spaces per alley, plus 1 space per employee on major shift • Swimming pool 1 space per 100 sq. ft. of water surface • Tennis and similar court games 4 spaces per court • Other indoor sports 1 space per 3 persons based on maximum occupancy, plus 1 space per employee on major shift Commercial Outdoor Entertainment/Sports Recreation • Miniature golf 1. 5 spaces per hole • Other outdoor entertainment/sports recreation 1 space per 3 persons based on maximum occupancy, plus 1 space per employee on major shift Commercial outdoor pool and tennis facility 1 space per 100 sq. ft. of water surface, and/or 4 spaces per court Construction office, temporary No requirement Construction sales and service See schedule A Contractor office and storage facility See schedule A Convenience store 1 space per 200 sq. ft. for the first 1,000 sq. ft. plus 1 space for each additional 175 sq. ft. Crematorium 1 space per 4 seats in main chapel, plus 1 space per 2 employees on major shift, plus 1 space per company vehicle Equipment sales and See schedule A rental Flea market 1 space per 100 sq. ft. of sales area accessible to the public Funeral home 1 space per 4 seats in main chapel, plus 1 space per 2 employees on major shift, plus 1 space per company vehicle Garden center See schedule A Gasoline station 1 space per employee, plus 1 space per 200 sq. ft. of building area, plus required stacking space Golf course 50 spaces per 9 holes, plus spaces as required for other uses Golf driving range 1.2 spaces for each driving tee Hospital 1 space per 2 beds, plus 1 space per employee on major shift, including doctors Hospital, special care 1 space per 2 beds, plus 1 space per employee on major shift, including doctors Hotel/motel/motor lodge/inn 1 space per guest accommodation, plus 4 spaces per 50 guest rooms, plus spaces as required for other uses. Kennel, commercial 1 space per 500 sq. ft. Laundry 1 space per 300 sq. ft. Manufactured home sales See schedule B Marina See schedule B Medical clinic 3 spaces per examination or treatment room, plus 1 space per employee on major shift including doctors Micro-brewery, distillery, cidery 1 space per employee on major shift, plus 1 space per 5,000 square feet of storage, plus 1 space per 2 seats in tasting room, restaurant, retail; other accessory uses shall provide spaces consistent with the parking requirements for the same use or a use deemed appropriate by the Zoning Administrator Mini warehouse 1 space for each employee, plus 2 spaces for the first 100 storage spaces, plus 1 for each additional 100 storage units or portion thereof Motor vehicle dealership/new See schedule A Motor vehicle dealership/used See schedule A Motor vehicle/rental See schedule A Motor vehicle repair service, major 2 spaces per service bay, plus 1 space per employee on major shift Motor vehicle/repair service, minor 1 space per 200 square feet, plus 2 spaces per service bay, plus 1 space per employee on major shift Motor vehicle/outdoor storage See schedule A Motor vehicle parts/supply, retail See schedule A Pawn shop 1 space per 300 sq. ft. Personal improvement service 1 space per 300 sq. ft. Personal service 1 space per 300 sq. ft. Real estate office, temporary 1 space per 300 sq. ft. Recreational vehicle sales and service See schedule A Restaurant, drive-in fast food • With seats Without seats 1 space per 4 seats, plus 1 space per 4 employees on major shift, plus required stacking space • Without seats 1 space per 60 sq. ft., plus required stacking space Restaurant, general 1 space per 4 seats, plus 1 space per 2 employees on major shift Retail sales See schedule A Shopping center 4.4 spaces per 1,000 sq. ft. Studio, fine arts See schedule B Truck stop See schedule B Veterinary hospital/clinic 1 space per 300 sq. ft. Industrial Use Types Abattoir or livestock processing See schedule A Asphalt plant See schedule B Brewery, Distillery, Cidery See Schedule A Construction yard See schedule A Convenience center See required stacking spaces Custom manufacturing See schedule A Industry, Type I See schedule A Industry, Type II See schedule A Industry, Type III See schedule A Landfill, industrial See schedule B Landfill, rubble See schedule B Landfill, sanitary See schedule B Meat packing 1 space per employee on major shift Resource extraction 1 space per employee on major shift Scrap and salvage service See schedule A Transfer station See schedule B Warehousing and distribution See schedule A Miscellaneous Use Types Alternate discharge sewage No requirement system Amateur radio tower No requirement Aviation facility, commercial See schedule B Aviation facility, general See schedule B Aviation facility, private See schedule B Communication tower 2 spaces per tower Hunt club See schedule B Parking facility, surface/structure No requirement Shooting range, outdoor See schedule B Schedule A This schedule sets forth minimum parking requirements for uses with elements having different functions or operating characteristics within a single overall use. Function of Element Requirement Office or administrative activity 1 space per 300 sq. ft. Indoor sales, display or service area 1 space per 500 sq. ft. Motor vehicle service bay 2 space per service bay Outdoor sales, display or service area 1 space per 2,000 sq. ft. General equipment servicing or manufacturing 1 space per 1,000 sq. ft. Indoor or outdoor storage or warehousing 1 space per 5,000 sq. ft. Schedule B Specific requirements shall be determined by the zoning administrator based on requirements for similar uses, location of the proposed use, expected demand and traffic generated by the proposed use, and appropriate traffic engineering and planning criteria and information. Determinations of requirements may be appealed to the board of zoning appeals. (7-7-05, 3-20-14.) July 16, 2015/MCP/ Petitions for Payment of Contributions ISSUE: Petitions for the Payment of Contributions to the Carrollton and Windsor Volunteer Fire Departments BACKGROUND: On June 12, 2015, the County received a Petition for the Payment of Contributions to the Carrollton Volunteer Fire Department and a Petition for the Payment of Contributions to the Windsor Volunteer Fire Department in accordance with Section 15.2-1245 of the Code of Virginia (1950, as amended). In compliance with that same section, the attorney for both departments was notified, by certified mail, that the Board of Supervisors would consider these claims at its regular meeting of July 16, 2015. The petitions for each department stem from the Board of Supervisors’ decision to withhold contribution funding as a result of each department’s failure to come to agreement with the Board of Supervisors on the proposed Facility Use Agreement for each station. BUDGETARY IMPACT: None. RECOMMENDATION: Following presentation of the claims, adopt a motion denying the claims made by the Windsor and Carrollton Volunteer Fire Departments for payment of contributions. ATTACHMENT: Petition for Payment of Contributions by the Windsor Volunteer Fire Department Petition for Payment of Contributions by the Carrollton Volunteer Fire Department July 16, 2015/ ISSUE: Resolution – Approving the Financing of Energy Efficiency Improvements by the Western Tidewater Regional Jail Authority BACKGROUND: The Western Tidewater Regional Jail Authority (the “Authority”) at a special meeting held on June 23, 2015 duly adopted a resolution entitled “RESOLUTION AUTHORIZING AND APPROVING THE FINANCING OF ENERGY EFFICECY IMPROVEMENTS, IN AN AGGREGATE PRINCIPAL AMOUNT OF UP TO $5,000,000 AND SETTING FORTH THE FORM, DETAILS AND PROVISIONS THEREOF.” The Board of Supervisors has been requested by the Authority to consider at its July 16, 2015 meeting approval of a resolution to approve financing the energy efficiency improvements by the Authority. BUDGET IMPACT: No current fiscal year impact. “Under Section 4.5 and 4.1 of the Service Agreement, each Member Jurisdiction provides a moral obligation pledge to fund operating and debt service expenses of the Authority based its pro rata share of the Authority’s expenses as set forth in the Service Agreement.” RECOMMENDATION: Adopt the attached resolution. ATTACHMENTS: Resolution RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA APPROVING THE FINANCING OF ENERGY EFFICIENCY IMPROVEMENTS BY THE WESTERN TIDEWATER REGIONAL JAIL AUTHORITY A. The Western Tidewater Regional Jail Authority (the "Authority") was created pursuant to Article 3.1, Chapter 3, Title 53.1 of the Code of Virginia of 1950, as amended, by the City of Franklin, Virginia, the County of Isle of Wight, Virginia, and the City of Suffolk, Virginia (collectively, the "Member Jurisdictions"). B. As authorized by a resolution adopted by the board of directors of the Authority on June 23, 2015 (the "Authority Resolution"), a copy of which is attached as Exhibit A, the Authority proposes to finance the acquisition, construction and installation of certain energy efficiency improvements (collectively, the "Equipment"), which Equipment is expected to generate operating cost savings for the Authority, and the related closing costs (collectively, the "Financing") in an amount not to exceed $5,000,000. C. The Board of Supervisors of the County of Isle of Wight, Virginia (the "Board of Supervisors"), has received a presentation regarding the proposed terms of the financing and has been informed that the goal of the Authority in approving the Financing is to secure financing for the Equipment that generates cost savings over the life of the expected operating cost savings for the Authority and the Member Jurisdictions. D. The Authority approved the Financing as either a lease/purchase transaction (a "Lease Financing") or a revenue bond transaction ("Bond Financing"). E. Depending on the final structure of the Financing, the Amended and Restated Service Agreement dated as of April 15, 2011 (the "Service Agreement"), by and among the Authority and the Member Jurisdictions, the Authority will have different closing requirements. F. Under Sections 4.5 and 4.1 of the Service Agreement, each Member Jurisdiction provides a moral obligation pledge to fund operating and debt service expenses of the Authority based its pro rata share of the Authority's expenses as set forth in the Service Agreement. G. If the Financing is structured as a Lease Financing, an amendment to the Service Agreement will be required (among other closing items) to permit the lease of the Equipment and the granting of a security interest therein. If the Financing is structured as a Bond Financing, the Service Agreement requires an update to the amount of debt service payable by the Authority (among other closing items). H. The Board of Supervisors desires (i) to consent to the Financing within the parameters established by the Authority Resolution and in either proposed structure and (ii) to authorize officers of the County to take such actions as may be necessary to close the Financing. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that: 1. The County of Isle of Wight, Virginia (the "County"), hereby consents to the Financing in an amount not to exceed $5,000,000 and otherwise in accordance with the parameters established under the Authority Resolution and in either of the proposed structures for the purposes described in Recitals B and C above. Notwithstanding the foregoing, the County's consent is subject to the adoption of similar resolutions by the governing bodies of the other Member Jurisdictions. 2. The County hereby acknowledges and reaffirms its obligation to pay operating and debt service expenses of the Authority as provided in the Service Agreement. Any such payment will be subject to the appropriation of funds by the Board of Supervisors of the County and shall constitute a moral, non-binding payment obligation. In no event shall the obligation of the County under Sections 4.5 and 4.1 of the Service Agreement be deemed to constitute a debt within the meaning of the Constitution and the laws of Virginia. 3. If the Financing is structured as a Lease Financing, the County Administrator and such other officers of the County as she may designate are hereby authorized and directed to execute and deliver an amendment to the Service Agreement to permit the Lease Financing. If the Financing is structured as a Bond Financing, the County approves of the updating of the debt service information attached to the Service Agreement. 4. Regardless of the final structure of the Financing, the County Administrator and such other officers of the County as he may designate are hereby further authorized to execute and deliver such other documents as any such officer deems necessary or appropriate in connection with the Financing and take such further actions as any such officer deems appropriate in connection with such Financing. All actions taken by an officer of the County within the authority of this Resolution are hereby ratified and approved. 5. This resolution shall take effect immediately. Adopted by a majority vote of the Board of Supervisors of the County of Isle of Wight, Virginia, on July 16, 2015. Rex Alphin, Chairman Carey Mills Storm, Clerk Approved as to form: Mark C. Popovich, County Attorney EXHIBIT A Authority Resolution (See Attached) Board of Supervisors Regular Meeting June 18, 2015 ISSUE: Camptown Development Services District Update BACKGROUND: Economic Development staff will present an overview of the current status of the local economic development conditions in the Camptown Development Services District. BUDGETARY IMPACT: None RECOMMENDATION: For the Board’s information. ATTACHMENTS: None ISSUE: Board of Supervisors Strategic Planning Meeting BACKGROUND: It is recommended that the Board of Supervisors hold an annual retreat to discuss strategic goals and objectives and long range vision for the County staff annually to incorporate into the annual Capital Improvements Plan (CIP) and Operating Budget development processes. Should the Board desire to hold a strategic planning retreat, September 2015 would be the recommended month and staff will coordinate a draft agenda for consideration by the Board at the August 20, 2015 meeting. RECOMMENDATION: For the Board’s consideration and direction. ATTACHMENTS: None July 16, 2015/ ISSUE: Request for Change in August 2015 Board Meeting Date BACKGROUND: The Board, at its January 5, 2015 organizational meeting, adopted its meeting schedule for 2015. The County Administrator is requesting the Board give consideration to moving its August 20, 2015 meeting to August 27, 2015. BUDGET IMPACT: No impact. RECOMMENDATION: Consider changing the Board’s August 20, 2015 meeting date to August 27, 2015. ATTACHMENT: None ISSUE: Request for a Fire and Emergency Medical Services Board Study BACKGROUND: In an effort to ensure the Department of Emergency Services and the County’s volunteer fire and rescue agencies provide efficient, effective, and quality fire and emergency medical services to the citizens of Isle of Wight County, it is recommended that the County request a Fire and EMS Study by the Virginia Fire Services Board to provide for an independent, objective, assessment of the County’s fire and EMS system. The Virginia Fire Services Board partners with the Virginia Department of Fire Programs, the Office of Emergency Medical Services, and the Virginia Department of Forestry to conduct Fire and EMS studies. Study requests are approved by the Virginia Fire Services Board and conducted at no charge to the requesting jurisdiction. A Fire and EMS study is designed to provide an objective view of the Fire and EMS services in a local jurisdiction and to provide feedback on areas that are successful and areas that could use improvement, as well as recommendations for the use and benefit of local fire and emergency medical service departments and partner agencies. In order to request a Fire and EMS Study, a letter of request must be submitted by the governing body to the Virginia Fire Services Board for consideration at the Virginia Fire Services Board’s July 31, 2015 meeting. RECOMMENDATION: Adopt a Motion to Authorize the Submission of the Attached Letter of Request to the Virginia Fire Services Board and Execution of a Fire and EMS Study Agreement with the Virginia Fire Services Board ATTACHMENT: - Letter of Request for Fire and EMS Study - Fire and EMS Study Agreement July 17, 2015 Mr. Walter Bailey Chairman Virginia Fire Services Board 1005 Technology Park Drive Glen Allen, VA 23059 Dear Mr. Bailey: On behalf of the Isle of Wight County Board of Supervisors, I am writing to request a Fire and Emergency Medical Services (EMS) Study by the Virginia Fire Services Board. The need for this request was discussed by the Board of Supervisors at our July 16, 2015 meeting and has been authorized by Board motion. Attached is a signed Fire and EMS Study Agreement form. Isle of Wight County is served by a Department of Emergency Services and seven volunteer fire and rescue agencies. The County is requesting the study as part of our continuous effort to ensure the citizens of Isle of Wight County receive high quality and effective fire and emergency medical services. It is our desire to have an independent, objective, assessment of our fire and EMS system in an effort to identify strengths, weaknesses, and opportunities for improvement in accordance with best practices in fire and EMS service delivery. Your favorable consideration of our request would be greatly appreciated. Should you have any questions regarding the County’s request, do not hesitate to contact Jeff Terwilliger, Chief of Emergency Services, at (757) 357-8218. Sincerely, Rex Alphin Chairman Board of Supervisors pc: The Honorable Board of Supervisors Anne F. Seward, County Administrator Jeffrey T. Terwilliger, Chief of Emergency Services 1 COMMONWEALTH of VIRGINIA Virginia Department of Fire Programs Virginia Fire Services Board Scope of Fire and EMS Study Agreement between the Locality and the Virginia Fire Services Board PURPOSE AND SCOPE The purpose of this agreement is to establish mutually accepted duties, responsibilities, and expectations between the Virginia Fire Services Board, its designated Fire and EMS Study Committee and the locality which has requested the Fire and EMS Study/Technical Assistance from the Virginia Fire Service Board. The agreement is provided to help define activities and expectations between both parties. AGREEMENT  Study results/recommendations shall be comprehensive in nature and shall be consistent with and organized according to a final revised scope of work as negotiated between the Study Committee and the locality prior to the formal commencement of the Study. **Refer to Self-Assessment Questionnaire for Scope of Study.  While questions of staffing ratios, response time, capital equipment purchases, etc. are relevant to the Study process, the locality should not expect detailed recommendations in these areas beyond system-wide recommendations.  Study Results will be openly presented to the elected/appointed governing body, the requesting agency as well as any additional requesting organization(s); Virginia Fire Services Board c/o Virginia Department of Fire Programs 1005 Technology Park Drive Glen Allen, VA 23059-4500 Phone: 804/ 371-0220 Fax: 804/ 371-3408 Glen Allen, VA 23059-4500 Phone: 804/ 371-0220 Fax: 804/ 371-3408 Walter Bailey VIRGINIA FIRE SERVICES BOARD CHAIR 2  The time frame noted for technical assistance will be accepted;  All relevant organizational data will be made available to the study committee; and,  Locality will provide to the Virginia Department of Fire Programs a central point of contact. Please ensure the contact is available Monday – Friday from 9 am to 5 pm, and nighttime and weekends as needed.  Within 6 to 9 months of the Study completion, the Department of Fire Programs will email the locality a feedback follow-up survey. It is requested that the locality complete the survey so the Agency and Board can gain valuable in-sight into the success and areas of improvements for future studies. Your participation in the feedback survey is important to the Agency and Board. REVIEW AND TERM This agreement shall be in effect until the end of the Fire and EMS Study. SIGNED We do hereby acknowledge and agree to abide by the provisions of this Memorandum of Understanding. Chairman of Virginia Fire Services Board Authorized Locality Representative Virginia Department of Fire Programs ____ ____________ __________________ Date Signed Date Signed ISSUE: Matters for the Board’s Information BACKGROUND: The matters attached to this Board report are included as a 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 June 2015; Cash Position; and, Statement of the Treasurer’s Accountability 2. Isle of Wight County Monthly Fire/EMS Call Summary and Other Statistics FY 2014/2015 3. Isle of Wight Sheriff’s Monthly Activity Report/June 2015 4. Isle of Wight Cooperative Extension Monthly Activity Report/June 5. Isle of Wight Website Statistics/June 2015 6. Solid Waste Division Litter Pickup 7. Correspondence from Chamber of Commerce - Cary and Main Development Is l e o f W i g h t C o u n t y Mo n t h l y F i r e / E M S C a l l S u m m a r y an d O t h e r S t a t i s t i c s Fi s c a l Y e a r 2 0 1 4 / 2 0 1 5 Ma y 2 0 1 5 EM S Pa i d S t a f f i n g Vo l u n t e e r De p a r t m e n t Di s p a t c h e d Ev e n t s (1 ) Mi s s i n g S t a t e Re p o r t s (2 ) 10 0 % Pa i d % P a i d 10 0 % Vo l u n t e e r % V o l . M i x e d % M i x . T o t a l M o n t h l y Ma n h o u r s E s t . C o s t (4 ) Ca r r o l l t o n V F D 65 1 21 33 % 3 5% 39 62 % 63 1, 1 8 2 28 , 9 5 9 $ Ca r r s v i l l e V F D 31 1 29 97 % 0 0% 1 3% 30 1, 5 2 8 37 , 4 3 6 $ IO W R e s c u e 17 1 1 78 45 % 29 17 % 66 38 % 17 3 2, 2 7 5 55 , 7 3 8 $ Wi n d s r R e s c u e 98 3 72 75 % 5 5% 19 20 % 96 1, 6 1 9 39 , 6 6 6 $ To t a l E M S 36 5 6 To t a l I n c i d e n t P a t i e n t C a r e R e p o r t s 36 2 6, 6 0 4 16 1 , 7 9 8 $ Fi r e St a f f i n g M i x (U n a b l e t o p r o v i d e t h e m i x e d s t a f f i n g b r e a k d o w n f o r f i r e w i t h c u r r e n t s t a t e re p o r t i n g m e c h a n i s m , p a i d s t a f f p r o v i d e d c a l l c o u n t ) (5 ) Pa i d S t a f f i n g Vo l u n t e e r De p a r t m e n t Di s p a t c h e d Ev e n t s (1 ) Mi s s i n g S t a t e Re p o r t s (2 ) 10 0 % Pa i d % P a i d 10 0 % Vo l u n t e e r % V o l . M i x e d % M i x . T o t a l M o n t h l y Ma n h o u r s E s t . C o s t (4 ) Ca r r o l l t o n V F D 30 17 0% 30 10 0 % 0% 30 - $ Ca r r s v i l l e V F D 23 1 0 % 2 3 1 0 0 % 0 % 2 3 (7 ) - $ Ru s h m e r e V F D 5 1 0% 5 10 0 % 0% 5 - $ Wi n d s o r V F D 28 0 0% 28 10 0 % 0% 28 - $ Sm f d V F D 84 3 0% 78 93 % 6 7% 84 21 8 5, 3 4 1 $ To t a l F i r e 1 7 0 22 To t a l S u b m i t t e d S t a t e F i r e R e p o r t s (6 ) 17 0 21 8 5 , 3 4 1 $ To t a l F i r e / E M S 53 5 28 To t a l S u b m i t t e d P C R s / F i r e I n c i d e n t s 53 2 6, 8 2 2 16 7 , 1 3 9 $ Se r v i c e / O t h e r A r e a s o f C o n c e r n / O t h e r U p d a t e s In c i d e n t P a t i e n t C a r e S t a f f i n g M i x P e r S t a t e P a t i e n t C a r e R e p o r t s ( P C R ) (R e p r e s e n t s a c t u a l p a t i e n t s s e r v e d - m a y d i f f e r f r o m i n c i d e n t s d i s p a t c h e d ) (3 ) Ca r r o l l t o n V F D a n d W i n d s o r V F D h a v e n o t s i g n e d t h e fa c i l i t y u s e a g r e e m e n t . Vo l u n t e e r a g e n c i e s h a v e n o t f i l e d a l l o f t h e r e q u i r ed S t a t e f i r e / E M S r e p o r t s . Is l e o f W i g h t C o u n t y Mo n t h l y F i r e / E M S C a l l S u m m a r y an d O t h e r S t a t i s t i c s Fi s c a l Y e a r 2 0 1 4 / 2 0 1 5 Fi s c a l Y e a r - T o - D a t e Ca l l S u m m a r y EM S Pa i d S t a f f i n g Vo l u n t e e r De p a r t m e n t Di s p a t c h e d Ev e n t s (1 ) Mi s s i n g S t a t e Re p o r t s (2 ) 10 0 % Pa i d % P a i d 10 0 % Vo l u n t e e r % V o l . M i x e d % M i x . T o t a l M o n t h l y Ma n h o u r s E s t . C o s t (4 ) To t a l F Y Bu d g e t e d Ho u r s % of Budgeted Hours Remaining Ca r r o l l t o n V F D 68 4 84 16 8 27 % 26 2 42 % 18 7 30 % 61 7 55 7 6 13 6 , 6 1 2 $ 5,440 -3% Ca r r s v i l l e V F D 30 8 15 23 5 80 % 2 1% 57 19 % 29 4 16 , 8 2 3 41 2 , 1 6 4 $ 20 , 7 9 2 19% IO W R e s c u e 20 7 2 51 10 4 7 51 % 26 4 13 % 76 2 37 % 20 7 3 27 , 0 0 9 66 1 , 7 2 1 $ 25 , 9 1 2 -4% Wi n d s r R e s c u e 83 8 11 58 6 69 % 10 9 13 % 15 6 18 % 85 1 19 , 2 5 9 47 1 , 8 4 6 $ 20 , 5 1 2 6% To t a l E M S 39 0 2 16 1 To t a l I n c i d e n t P a t i e n t C a r e R e p o r t s 38 3 5 68 , 6 6 7 1, 6 8 2 , 3 4 2 $ 72 , 6 5 6 5% Fi r e St a f f i n g M i x ( U n a b l e to p r o v i d e t h e m i x e d s t a f f i n g b r e a k d o w n f o r f i r e w i th c u r r e n t s t a t e r e p o r t i n g me c h a n i s m - b r e a k d o w n b e g a n w i t h O c t o b e r - h i g h l i g t e d i n f o on l y O c t f o r w a r d n o t Y T D ) (5 ) Pa i d S t a f f i n g Vo l u n t e e r De p a r t m e n t Di s p a t c h e d Ev e n t s (1 ) Mi s s i n g S t a t e Re p o r t s (2 ) 10 0 % Pa i d % P a i d 10 0 % Vo l u n t e e r % V o l . M i x e d % M i x . T o t a l M o n t h l y Ma n h o u r s E s t . C o s t (4 ) T o t a l F Y Bu d g e t e d Ho u r s % of Budgeted Hours Remaining Ca r r o l l t o n V F D 30 4 28 1 0 0% 22 5 97 % 8 3% 23 3 0 - $ - - Ca r r s v i l l e V F D 21 0 8 6 0 0 % 1 4 9 1 0 0 % 0 0 % 1 4 9 (7 ) - $ - - Ru s h m e r e V F D 67 34 0 0% 48 10 0 % 0 0% 48 0 - $ - - Wi n d s o r V F D 24 7 58 0 0% 18 5 10 0 % 0 0% 18 5 0 - $ - - Sm f d V F D 72 2 13 2 0 0% 46 7 84 % 88 16 % 55 5 22 3 4 54 , 7 3 3 $ 2,600 14% To t a l F i r e 1 5 5 0 59 1 To t a l S u b m i t t e d S t a t e F i r e R e p o r t s (6 ) 95 9 2, 2 3 4 5 4 , 7 3 3 $ 2 , 6 0 0 1 4 % To t a l F i r e / E M S 54 5 2 75 2 To t a l S u b m i t t e d P C R s / F i r e I n c i d e n t s 47 9 4 70 , 9 0 1 1, 7 3 7 , 0 7 5 $ 75 , 2 5 6 6% NO T E S : (7 ) P a i d s t a f f i n g s u p p o r t f o r C a r r s v i l l e V F D i n c l u d es f i r e s t a f f i n g c o v e r a g e ( 1 F T E ) , s t a f f i n g h o u r s a n d c o s t s f o r t h i s a r e i n c l u d e d i n t h e E M S p a i d s t a f f in g b l o c k . In c i d e n t P a t i e n t C a r e S t a f f i n g M i x P e r S t a t e P a t i e n t C a r e R e p o r t s ( P C R ) (R e p r e s e n t s a c t u a l p a t i e n t s s e r v e d - m a y d i f f e r f r o m i n c i d e n t s d i s p a t c h e d ) (3 ) (6 ) C o u n t r e f l e c t s t o t a l # o f f i r e d i s p a t c h e d e v e n t s l e s s t o t a l # o f m i s s i n g s t a t e r e p o r t s . (3 ) C o u n t s b a s e d o n P C R i n f o r m a t i o n s u b m i t t e d t o t h e S t a t e . C o u n t s w e r e b a s e d o n s t a f f i n g m i x o f d i r e c t p a t i e n t c a r e s e r v i c e s p r o v i d e d ( i n c l u d i n g p a t i e n t r e f u s a l s & s t a n d b y e v e n t s ) . T h e s e co u n t s w i l l b e a d j u s t e d a s m i s s i n g r e p o r t s a r e s u b m it t e d t o t h e S t a t e . (4 ) E s t i m a t e d p a i d s t a f f i n g c o s t i s b a s e d o n a n a v e r ag e w a g e r a t e o f $ 2 4 . 5 0 p e r h o u r a n d i n c l u d e s f r i n g e b e n ef i t c o s t s . (5 ) T h e c u r r e n t S t a t e r e p o r t i n g s y s t e m d o e s n o t p r o v id e a m e c h a n i s m f o r d e t e r m i n i n g t h e s t a f f i n g m i x o f a f i r e i n c i d e n t . A m a n u a l c o u n t o f f i r e c a l l s w i t h p a i d s t a f f i n g s u p p o r t i s b e i n g p u t i n pl a c e . S t a r t i n g w i t h O c t o b e r , s t a f f i n g m i x c o u n t s w il l b e b a s e d o n i n f o r m a t i o n p r o v i d e d b y p a i d f i r e s ta f f a n d D i s p a t c h e d e v e n t s . (1 ) D i s p a t c h e d e v e n t s c o u n t b a s e d o n D i s p a t c h E v e n t Lo g p r o v i d e d b y D i s p a t c h . (2 ) M i s s i n g V o l . D e p t . s t a t e r e p o r t s b a s e d o n i n c id e n t r e p o r t i n g i n f o r m a t i o n s u b m i t t e d t o t h e S t a t e as c o m p a r e d t o t h e C o u n t y d i s p a t c h e d i n c i d e n t c o u n t . T h e s e c o u n t s w i l l b e a d j u s t e d a s mi s s i n g r e p o r t s a r e s u b m i t t e d t o t h e S t a t e . Is l e o f W i g h t C o u n t y Mo n t h l y F i r e / E M S C a l l S u m m a r y an d O t h e r S t a t i s t i c s Fi s c a l Y e a r 2 0 1 4 / 2 0 1 5 Fi s c a l Y e a r 2 0 1 4 - 2 0 1 5 F i r e & R e s c u e S e r v i c e s B u d g e t Vo l u n t e e r De p a r t m e n t Ca r r o l l t o n V F D Ca r r s v i l l e V F D Ru s h m e r e V F D Wi n d s o r V F D Sm f d V F D IO W R e s c u e Wi n d s r R e s c u e To t a l S t a t i o n Al l o c a t e d Co s t s To t a l F Y 2 0 1 4 - 2 0 1 5 F i r e & R e s c u e R e s p o n s e B u d g e t 32 5 , 5 3 2 $ 3, 4 2 3 , 2 2 3 $ Ot h e r F i r e & R e s c u e R e s p o n s e B u d g e t I t e m s ( i n c l u d e s : m e d i c a l d i r e c t o r c o s t s , o t h e r s t a f f s a la r i e s n o t d i r e c t l y as s o c i a t e d t o s t a t i o n s t a f f i n g , F o r e s t r y c o n t r i b u t i on , H R P D C d u e s , L i f e P a c k g r a n t m a t c h , f i r e / E M S r e p or t i n g s o f t w a r e co s t s , s t a f f u n i f o r m s , t r a v e l & t r a i n i n g , e t c . ) 71 8 $ 1, 6 1 7 $ 5, 9 5 2 $ 69 , 1 8 6 $ 1, 1 8 4 , 7 3 3 $ 7 5 , 2 5 6 $ 1 , 8 4 3 , 7 7 2 $ 63 , 7 0 0 $ 63 4 , 8 4 4 $ 50 2 , 5 4 4 $ 21 2 , 6 8 0 $ 26 1 , 4 5 0 $ 11 8 , 0 4 0 $ 13 , 4 9 6 $ 11 , 9 5 2 $ 82 , 3 9 1 $ 13 4 , 8 7 0 $ 27 7 , 0 9 8 $ 89 7 , 9 1 1 $ 62 6 , 5 3 6 $ 3, 0 9 7 , 6 9 1 $ 50 9 , 4 0 4 $ - $ - $ Es t i m a t e d S t a f f i n g C o s t (4 ) 13 3 , 2 8 0 $ St a t i o n G e n e r a t o r Le a s e / M a i n t e n a n c e 21 , 9 5 6 $ 13 , 4 9 6 $ Bu d g e t e d D i r e c t V o l . Ag e n c y S u p p o r t b y 40 9 , 7 7 2 $ 66 9 , 1 1 4 $ Bu d g e t e d S t a f f i n g Ho u r s 5, 4 4 0 20 , 7 9 2 - - 2, 6 0 0 25 , 9 1 2 20 , 5 1 2 Co n t r i b u t i o n 25 4 , 5 3 6 $ 14 6 , 2 1 4 $ 68 , 8 9 5 $ 12 2 , 9 1 8 $ 07.07.15 JUN 14 JANFEBMARAPRMAY JUN 15 JULAUGSEPOCTNOVDEC 2015 YTD2014 YTD % chng Calls for Service Law Enforcement 3,4863,7623,3234,1133,6654,2034,154 23,22019,785 17.36% Animal Services 1419676102116113123 626616 1.62% GRAND TOTAL 3,6273,8583,3994,2153,7814,3164,277 23,84620,401 16.89% School Checks (num)33845591495425 358363 -1.38% School Checks (time)19:3427:4721:5931:4917:1721:597:58 128:51169:35 -24.02% False Alarms 161030211 1786 -80.23% Escorts 6185811105 5760 -5.00%PNASH 0 Traffic Traffic Stops 375314188451422500528 2,4032,442 -1.60% Traffic Summons 227162101265253342338 1,4611,322 10.51% Traffic Crashes 65629259876773 440428 2.80%0 Criminal Process Misdemeanor Charges 27272152514952 252262 -3.82% Felony Charges 9131934261116 119141 -15.60% Unknown Class 0000000 02 GRAND TOTAL 36404086776068 371405 -8.40% Civil Process Writ- Levy 2226205 1722 -22.73% Writ- Repo 4332447 2339 -41.03% Evictions 121197111011 5953 11.32% All Other Civil 8776836421,2071,002946950 5,4305,104 6.39% GRAND TOTAL 8956996561,2221,019960973 5,5295,218 5.96% Property Reported Stolen $63,902$27,604$13,534$5,604$28,938$5,222$8,120 $89,022$312,574 -71.52% Stolen Items 59584522692839 261309 -15.53% Reported Recovered $34,011$2,780$6,873$1,000$28,664$0$4,580 $43,897$105,070 -58.22% Recovered Items 881452107 5555 0.00% Reported Damaged $19,545$2,480$5,420$3,771$12,216$9,679$12,618 $46,184$59,519 -22.40% Damaged Items 1691614251826 108139 -22.30% Court Fines and Fees Jury Trials 0210110 51 400.00% Other Mileage 82,120 78,894 80,156 81,164 86,123 84,593 91,688 502,618 528,361 -4.87% Gun Permits 49565773514737 321376 -14.63% Fingerprints (non crim.)20212734142926 15191 65.93% Reports (IBR)53506467786684 409447 -8.50% Reports (Non-IBR)120102108137143128129 747799 -6.51% Currency values rounded to the dollar.REVISED 07.07.15 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 - JUN 2015 STATISTICAL INFO YTD TO LAST MONTH COMPLETED-JUN 07.07.15 MEAN (AVG)MEDIAN HIGHEST LOWEST Law Enforcement 3,8703,9584,2033,323 Animal Services 10411012376 GRAND TOTAL 3,9744,0684,3163,399 School Checks (num)60559125 School Checks (time)21:2817:5231:497:58 False Alarms 36100 Escorts 1012185 Traffic Stops 401421528188 Traffic Summons 244250342101 Traffic Crashes 73689259 Misdemeanor Charges 42405221 Felony Charges 20153411 Unknown Class 0000 GRAND TOTAL 62548640 Writ- Levy 3460 Writ- Repo 4572 Evictions 1011117 All Other Civil 9058171,207642 GRAND TOTAL 9228361,222656 Reported Stolen 14,83717,86228,9385,222 Stolen Items 44496922 Reported Recovered 7,3163,68028,6640 monetary 49% Recovered Items 98210 items 21% Reported Damaged 7,6977,54912,6182,480 Damaged Items 1818269 Mileage 83,77085,29191,68878,894 Gun Permits 54477337 Fingerprints (non crim.)25243414 Reports (IBR)68678450 Reports (Non-IBR)125116143102 Property Recovery (from Average) Isle of Wight County Sheriff's Office • Monthly Activity Report - 2015 Calls for Service Traffic Criminal Process 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. Property Civil Process Other 2014 2015 2014 2015 2014 2015 2014 2015 2014 2015 2014 2015 2014 2015 2014 2015 14 TOT 15 TOT % Change January 0 0 0 1 0 0 3 1 3 1 8 16 1 3 0 0 15 22 46.7% February 0 0 0 0 0 0 0 1 3 4 16 19 2 1 0 0 21 25 19.0% March 0 0 0 1 0 0 1 0 2 1 13 13 1 0 0 17 15 -11.8% April 0 1 0 1 0 1 2 1 5 6 19 17 2 1 0 0 28 28 0.0% May 0 0 1 0 0 0 2 3 6 3 18 12 0 0 1 0 28 18 -35.7% June 0 0 0 0 0 1 1 1 5 7 23 11 2 1 1 0 32 21 -34.4% July 0 0 0 4 2 24 1 0 31 0 -100.0% August 0 0 0 2 7 11 1 0 21 0 -100.0% September 0 0 1 2 8 12 0 0 23 0 -100.0% October 0 1 0 3 10 13 0 0 27 0 -100.0% November 0 0 0 0 3 17 0 0 20 0 -100.0% December 0 0 1 1 0 10 1 0 13 0 -100.0% YTD TOTAL 0 1 1 3 0 2 9 7 24 22 97 88 8 6 2 0 141 129 -8.5% GRD TOTAL 0 2 2 21 54 184 2 276 2014 20142014 10 131141 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 01.09.15 FOR ALL 2014 DATA AND 07.07.15 FOR 2015 DATA ISLE OF WIGHT COUNTY SHERIFF'S OFFICE 07.07.15 Homicide 09A CRIMES AGAINST PERSONS 2015 YTD Larceny 23 MV Theft 240 116129 Arson 200 TOTALS Isle of Wight County Sheriff's Office 13 Select Group A Offenses 2015 (w/ 2014 comparison) Rape 11A Robbery 120 Ag Assault 13A Burglary 220 CRIMES AGAINST PROPERTY 2015 YTDTOTAL 2015 YTD -8.5%-11.5%30.0% SCHOOLCOUNTTIME% COUNT% TIME CARROLLTON ELEMENTARY SCHOOL50:5720.0%12.0% CARRSVILLE ELEMENTARY SCHOOL82:0632.0%26.5% GEORGIE D TYLER MIDDLE SCHOOL30:5912.0%12.3% HARDY ELEMENTARY SCHOOL30:4012.0%8.4% ISLE OF WIGHT ACADEMY00:000.0%0.0% SMITHFIELD HIGH SCHOOL11:344.0%19.7% SMITHFIELD MIDDLE SCHOOL00:000.0%0.0% WESTSIDE ELEMENTARY SCHOOL10:134.0%2.8% WINDSOR ELEMENTARY SCHOOL30:4612.0%9.8% WINDSOR HIGH SCHOOL10:404.0%8.5% Grand Total257:58100.0%100.0% Note: These times only reflect actions of -NON- SRO Personnel 07.07.15 JUN 2015 Isle of Wight County Sheriff's Office • Monthly School Check Report RANKNATURE COUNT% TOTALRANKNATURE COUNT% TOTAL 1 PATROL CHECK 1516 35.45%51SEIZURE 4 0.09% 2 TRAFFIC STOP 528 12.35%52RUNAWAY 4 0.09% 3 CIVIL PAPER 470 10.99%53CHEST PAIN 4 0.09% 4 BUILDING CHECK 302 7.06%54ARCING WIRES DOWN POWER LINES4 0.09% 5 BUSINESS CHECK 161 3.76%55JUVENILE PROBLEMS4 0.09% 6 CITIZEN ASSIST 142 3.32%56FIGHT IN PROGRESS3 0.07% 7 ANIMAL COMPLAINT 135 3.16%57REPOSSESSION3 0.07% 8 SUSPICIOUS PERS./VEH./ACTIVITY 87 2.03%58ASSAULT NO WEAPONS3 0.07% 9 PAPER SERVICE 74 1.73%59PERSONAL PROTECTIVE ORDER3 0.07% 10 PRISONER TRANSPORT 72 1.68%60FOOT/BIKE PATROL3 0.07% 11DISABLED VEHICLE70 1.64%61UNCONSCIOUS OR FAINTING2 0.05% 12ALARM - BURGLARY68 1.59%62THREATS 2 0.05% 13ASSIST OTHER JURISDICTION41 0.96%63STRUCTURE FIRE2 0.05% 14ACCIDENT NO INJURIES35 0.82%64SICK / ILL OR RESCUE2 0.05% 15POLICE INVESTIGATIONS35 0.82%65LOST PROPERTY2 0.05% 16TRAFFIC HAZARD31 0.72%66NEIGHBOR DISPUTE2 0.05% 17DOMESTIC - VERBAL ONLY29 0.68%67ALARM - MEDICAL2 0.05% 18DESTRUCTION OF PROPERTY29 0.68%68SHOPLIFTING2 0.05% 19FINGERPRINTS28 0.65%69FIRE ALARM 2 0.05% 20ACCIDENT UNKNOWN INJURIES28 0.65%70ATTEMPT SUICIDE2 0.05% 21HOUSE CHECK27 0.63%71HARRASSMENT2 0.05% 22SCHOOL CHECK25 0.58%72BUSINESS ASSIST2 0.05% 23RECKLESS DRIVING23 0.54%73CAR FIRE 2 0.05% 24WELFARE CHECK17 0.40%74CARDIAC ARREST1 0.02% 25911 HANG UP15 0.35%75POLICE PURSUIT VEH OR FOOT1 0.02% 26DISTURBANCE-LOUD NOISE14 0.33%76POSSIBLE DOA1 0.02% 27BE ON THE LOOKOUT13 0.30%77HIT AND RUN1 0.02% 28OFFICER INFORMATION12 0.28%78EVICTION 1 0.02% 29LARCENY PETIT AND GRAND12 0.28%79DIFFICULTY BREATHING1 0.02% 30SHOTS FIRED/PROMISCUS SHOOTING11 0.26%80PUBLIC ASSIST1 0.02% 31COMMUNITY RELATIONS11 0.26%81BITE 1 0.02% 32EMERGENCY PROTECTIVE ORDER10 0.23%82FALLS AND RELATED INJURIES1 0.02% 33DRUG OFFENSES10 0.23%83ROBBERY 1 0.02% 34ACCIDENT WITH INJURIES9 0.21%84FIRE OTHER NOT LISTED1 0.02% 35DRIVING UNDER THE INFLUENCE9 0.21%85IDENTITY THEFT1 0.02% 36TRESPASS 8 0.19%86BRUSH FIRE 1 0.02% 37DISORDERLY INDIVIDUAL8 0.19%87OTHER OR UNKNOWN PROBLEM1 0.02% 38TRAFFIC CONTROL7 0.16%88EMERGENCY CUSTODY ORDER1 0.02% 39FOUND PROPERTY7 0.16%89OPEN DOOR OR WINDOW1 0.02% 40PSYCHIATRIC PROBLEMS6 0.14%90SMELL OR ODOR OF SMOKE1 0.02% 41DOMESTIC ASSAULT - IN PROGRESS6 0.14%91ALL OTHERS12 0.28% 42PROJECT LIFESAVER6 0.14%0.00% 43CIVIL MATTER6 0.14%0.00% 44FRAUD 6 0.14%0.00% 45BURGLARY - RESIDENTIAL5 0.12%0.00% 46DOMESTIC ASSAULT - OCCURRED5 0.12%0.00% 47DIRECT PATROL5 0.12%0.00% 48POLICE ESCORT5 0.12%TOTAL 4,277 100% 49TEMPORARY DETENTION ORDER4 0.09%TOP TEN 3,487 81.53% 50 ALARM - UNK TYPE 4 0.09%07.07.15 NOTE: Prisoner transports include twice daily transport of Animal Shelter work release inmates. PRIOR MONTH TOP TEN FOR COMPARISON 2015 YTD FOR COMPARISON RANK NATURE COUNT % TOTAL RANK NATURE COUNT % TOTAL 1 PATROL CHECK 1505 34.87%1 PATROL CHECK 8,091 33.93% 2 TRAFFIC STOP 500 11.58%2 CIVIL PAPER 2,904 12.18% 3 CIVIL PAPER 443 10.26%3 TRAFFIC STOP 2,403 10.08% 4 BUILDING CHECK 387 8.97%4 BUILDING CHECK 1,894 7.94% 5 BUSINESS CHECK 198 4.59%5 BUSINESS CHECK 1,106 4.64% 6 CITIZEN ASSIST 169 3.92%6 CITIZEN ASSIST 823 3.45% 7 ANIMAL COMPLAINT 131 3.04%7 ANIMAL COMPLAINT 669 2.81% 8 PRISONER TRANSPORT 79 1.83%8 PAPER SERVICE 498 2.09% 9 SUSPICIOUS PERS./VEH./ACTIVITY 69 1.60%9 PRISONER TRANSPORT 427 1.79% 10 PAPER SERVICE 66 1.53%10 SUSPICIOUS PERS./VEH./ACTIVITY 413 1.73% T **TOTAL** CALLS (not just top 10)4,316 82.18%T **TOTAL** CALLS YTD (not just top 10)23,845 80.64% CALLS FOR SERVICE • JUN 2015 Isle of Wight Extension Report June 2015 Janet Spencer, Extension Agent, Agriculture & Natural Resources Valerie Nichols, Unit Administrative Assistant Agriculture  Continued to provide support and coordination for the Isle of Wight Master Gardeners (65 active members) and the Historic Southside Master Naturalist Chapter (50 active members)  Transcribed and mailed the Isle of Wight Ag News newsletter: mailed 130 and emailed 49  Collected approximately 100 plastic pesticide containers  Coordinated and held Junior Master Gardener College in partnership with the Paul D. Camp Workforce Development Center. 10 youth participated in the week long program and 7 local master gardener and master naturalist volunteers assisted.  Continued planning efforts for local spring/summer rain barrel workshops  Provided approximately 10 soil sample kits to local residents  Provided information to 15 individuals concerning pesticide application requirements, soil sampling, land rent, crop variety selection, soil fertility, crop budgets, lawn pests, and tree diseases.  Continued operation of the Isle of Wight Master Gardener Helpline  Three Master Gardener Plant Clinics were held at the Smithfield Farmer’s Market and Olden Days  Continuation of gardening workshops held at Carrollton Library taught by local Master Gardener volunteers  Attended the Early Season Field Crop Tour at the Tidewater Agricultural Research & Extension Center.  Coordinated a Private Drinking Water Testing Clinic to be held in July.  Coordinated the recycling event to be held in July for the plastic pesticide container recycling program.  Assisted with Private Pesticide Applicator Recertification approval for an upcoming cotton field day. Youth Development  Completed 4-H Camp Counselor Training with 17 youth attending  4 Cs 4-H Club hosted meeting with 6 youth participated  Collected multiple entries for various 4-H contests to be held at the Isle of Wight County Fair  Hosted Team Day for 4-H Junior Camp Counselors and Counselors-In-Training (CIT’s)  Held 4-H Junior Camp at Airfield 4-H Center, June 22-26. Approximately 85 Isle of Wight Youth attended, as well as 22 camp counselors, and two adult volunteers. Outreach and Administrative  Spencer and Nichols participated in the Internal Audit conducted by Virginia Tech for the Isle of Wight Extension office.  Spencer attended a quarterly Unit Coordinator meeting  Spencer attended an Isle of Wight Ruritans meeting to promote the local Extension program and services provided to the community. Face-to-face: 530 Calls: 110 Emails: 3100 MEMORANDUM   TO: Frank Haltom, Director of General Service FROM: Ralph Anderson, Solid Waste Division Manager SUBJECT: Solid Waste Division Litter Pickup DATE: July 2, 2015 I. Solid Waste Division, with the help of the Western Tidewater Regional Jail  Workers, continues to make an effort to keep the County roadways clean. Litter  pick‐up has been limited during the month of June due to the focus on illegal  dumping investigations and the limitation on the available number of Work  Release inmates from the Western Tidewater Regional Jail.       The following is a list of roads that were spot checked for litter and serviced due  to illegal dumping the month of  June 2015:      Carrsville Hwy.: Spot Pick‐Up   Burdette Rd.: Spot Pick‐Up  Holly Run Dr.: Spot Pick‐Up      The following is a list where litter is scheduled to be picked up during the months  of July thru August 2015:    Old Stage Hwy: Rte 10 to Berry Hill Rd  Berry Hill Rd: Rte 10 to Old Stage Hwy  Foursquare Rd: Courthouse Hwy to Ting Rd  Titus Creek Rd: Nike Park Rd to Smith`s Neck Rd  Scott`s Factory Rd: Courthouse Hwy to Turner Dr  Bethel Church Ln: Waterworks Rd to Blair`s Creek Dr  Turner Dr: Benns Church Blvd. to Scotts Factory Rd.  Sunset Dr: Courthouse Hwy. to Buckhorn Dr.   ISSUE: Staff Report – Impact of Annexation BACKGROUND: The County Administrator will provide the Board of Supervisors with information regarding the financial impact of annexation on Isle of Wight County as requested by the Board at its June 18, 2015 meeting. RECOMMENDATION: For the Board’s information. ATTACHMENTS: None