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March 19th, 2015 Full AgendaA Community of Choice, Committed to Excellence Agenda Board of Supervisors Isle of Wight County March 19, 2015 1. Call to Order (5:00 p.m.) 2. Closed Meeting 3. Invocation – The Honorable Delores C. Darden/Pledge of Allegiance (6:00 p.m.) 4. Approval of Agenda 5. Consent Agenda A. Resolution – Recognition of Volunteer Recognition Week B. Commission on Aging – Newport District Appointment C. Motion – Approve Amendments to the Commission on Aging By-Laws D. Staff Report – Carrollton Volunteer Fire Department ALS Interim Solution Update E. Resolution – Accept and Appropriate an Insurance Reimbursement from VACORP Risk Management for Replacement of a 2013 Dodge Charger F. Resolution – Authorize the Conveyance of Real Property to the Virginia Department of Transportation G. March 4, 2014 Special Meeting Minutes H. September 18, 2014 Regular Meeting Minutes A Community of Choice, Committed to Excellence I. September 19, 2014 Retreat Minutes J. October 16, 2014 Regular Meeting Minutes K. November 20, 2014 Regular Meeting Minutes L. December 18, 2014 Regular Meeting Minutes 6. Regional Reports 7. Appointments 8. Special Presentation/Appearances A. VDOT Presentation - Route 460/Commonwealth Project Update B. Special Presentation//Reassessment Report by the Commissioner of the Revenue C. Special Presentation – Public Utilities Rate Study 9. Citizens’ Comments 10. Public Hearings A. Motion – Authorizing Sale of Old Isle of Wight Rescue Squad Building to the Town of Smithfield B. Ordinance – Amend and Reenact the Isle of Wight County Code By Amending and Reenacting Chapter 15. Taxation. By Enacting Article VII. Appeals of Real Estate Assessments C. Resolution – Amend the Comprehensive Plan through Changes to the Text & Maps in Chapter 4 “Growth Management & Land Use” A Community of Choice, Committed to Excellence D. Ordinance – Amend and Reenact Various County Code Sections (Appendix B, Zoning: Article IV, Zoning & District Boundaries; Article V: Supplementary Use Regulations; Article X – Vehicle Parking Facilities) based on the ISLE 2040 Plan 11. County Administrator’s Report A. Resolution – Adopt Chapter 1: Personnel, Article V, Section 5.14 and Amend Chapter 1: Personnel, Article VI, Section 6.4, Article VII and Article VIII of the County Policy Manual B. Staff Report – Legislative Update C. Motion – Set Special Meeting on April 1, 2015 at 10:00 a.m. to Present Proposed Operating and Capital Budget and Related Ordinance/Resolutions D. Resolution - Transfer of Available FY 14 Fund Balance Roll Over Funds for One-Time Capital Purposes E. Informational Items: 1. FYI -Monthly Reports: Tax Levies & Collections as of February 2015; Cash Position; and, Statement of the Treasurer’s Accountability 2. FYI – Isle of Wight County Monthly Fire/EMS Call Summary and Other Statistics FY 2014/2015 3. FYI - Isle of Wight Sheriff’s Monthly Activity Report/February 2015 4. FYI - Isle of Wight Website Statistics/February 2015 5. FYI - Planning Commission 2014 Annual Report 6. FYI - Board of Zoning Appeals 2014 Annual Report 7. FYI - Wetlands Board 2014 Annual Report 8. FYI - Solid Waste Division Litter Pickup 9. FYI – HRPDC Growth Trends in Hampton Roads Presentation 10. FYI – VOPEX 2015 Report 11. FYI - Summary of Board Committee Meetings . Isle of Wight/Town of Smithfield Intergovernmental Relations Committee Meeting of February 25, 2015 · Parks and Recreation Committee Meeting of March 4, 2015 · Public Safety Committee Meeting of March 6, 2015 A Community of Choice, Committed to Excellence 12. Unfinished/Old Business 13. New Business 14. Adjournment March 19,2015/asc/Volunteer Recognition Week ISSUE: Resolution – Recognition of Volunteer Recognition Week BACKGROUND: Each year, a week during the month of April is designated as Volunteer Recognition Week throughout the nation and in Isle of Wight County. This year, April 12-18, 2015 is designated as Volunteer Recognition Week. While Isle of Wight County has many individual volunteers that provide service to the citizens of the county, we would like to make special note of the services provided by our volunteer fire and emergency service providers. In addition to the attached resolution, the County’s Events Committee will be hanging banners throughout the County and developing advertisements recognizing the contributions of all local volunteers. RECOMMENDATION: Adopt a resolution to designate April 12-18, 2015 as Volunteer Recognition Week in Isle of Wight County. ATTACHMENTS: Resolution RESOLUTION TO DESIGNATE APRIL 12-18, 2015 AS VOLUNTEER RECOGNITION WEEK WHEREAS, we are a nation that was founded by individuals who have dedicated their lives, energies, and resources to making this a better world for themselves, their families, and their neighbors; and, WHEREAS, volunteerism directly reflects the democratic principles upon which this nation was founded in that everyone, regardless of their circumstances, race, age, sex, color or creed can volunteer; and, WHEREAS, the number of individuals engaging in volunteer work and the important variety of services provided increase each year, providing challenges and fulfillment, rich rewards from helping others, improving skills, and widening one's horizons; and, WHEREAS, Isle of Wight County would like to convey special recognition to the volunteer members of the seven volunteer fire and rescue departments (Carrollton Volunteer Fire Department, Carrsville Volunteer Fire Department, Isle of Wight Volunteer Rescue Squad, Rushmere Volunteer Fire Department, Smithfield Volunteer Fire Department, Windsor Volunteer Fire Department, and Windsor Volunteer Rescue Squad) operating in Isle of Wight County who are responsible for saving numerous lives and multiple properties, often exposing themselves to physical risks; and, WHEREAS, it is appropriate to recognize and to honor the numerous contributions of the many volunteers, with special emphasis placed on the fire and rescue volunteers, serving the County of Isle of Wight, as well as this Commonwealth of Virginia, and to join in with State and national leaders to set a special time for such recognition. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the week of April 12-18, 2015 be designated as Volunteer Recognition Week. Adopted this 19th day of March, 2015. Rex. W. Alphin, Chairman ________________________ Carey Mills Storm, Clerk Approved as to form: ________________________________ Mark Popovich, County Attorney March 19, 2015 ISSUE: Commission on Aging - Newport District Appointment BACKGROUND: At the Board’s February 19, 2015 meeting, Supervisor Bailey appointed Robert Lockhart to serve on the Commission on Aging representing the Newport District. The Commission’s By-Laws allow for two representatives from each election district and such action cannot be effectuated because currently there are already two representatives representing the Newport District. RECOMMENDATION: Rescind the Board’s previous motion to appoint Robert Lockhart to the Commission on Aging. ATTACHMENTS: None March 19, 2015/MCP ISSUE: Motion – Approve Amendments to the Commission on Aging By- Laws BACKGROUND: The Commission on Aging has requested certain technical revisions to its by-laws in order to more accurately reflect its operations. BUDGETARY IMPACT: None RECOMMENDATION: Adopt a motion approving the proposed revisions to the Commission on Aging By-Laws. ATTACHMENTS: Proposed revisions to Commission on Aging By-Laws BY-LAWS OF THE ISLE OF WIGHT COUNTY COMMISSION ON AGING ARTICLE I NAME - PURPOSE Section I-1. Name. The official name of the Commission shall be the Isle of Wight County Commission on Aging, herein referred to as the Commission. Section I-2. Purpose. The purpose of the Commission on Aging is to identify the needs of the senior citizens of Isle of Wight County, and to encourage, promote, and develop ways and means by which those needs can be more effectively met. The Commission will enlist the support of, and work with, public and private organizations (local, regional, state and federal), as well as the citizens of Isle of Wight County to accomplish its purpose. The Commission will report periodically to the Board of Supervisors on its activities and on the needs of the senior citizens of Isle of Wight County. From time to time as appropriate, the Commission will make recommendations to the Board of Supervisors for the implementation of programs designed to meet those needs. ARTICLE II MEMBERSHIP Section II-1. Representation. The Commission shall be composed of eleven (11) members, appointed to the Commission by the Board of Supervisors, with two (2) members from each election district and one (1) at-large member. Section II-2. Terms. Commissioners shall be appointed for three (3) year terms by the Board of Supervisors, except that appointments to fill vacancies that occur during terms shall be for the remainder of those unexpired terms. Section II-3. Voting. Each Commissioner shall be entitled to one (1) vote on each issue. Only duly appointed members of the Commission are authorized to vote. Section II-4. Attendance. The Board of Supervisors may appoint alternates to attend meetings and act only in the absence of the Commissioner for whom they are the alternates. Each duly appointed alternate shall have the right to vote on behalf of the absent Commissioner. 2 Any duly appointed member who is absent without proper notification for three (3) consecutive meetings is subject to removal from the Commission and his/her appointment vacated by the Board of Supervisors, who shall appoint another person to fill such vacancy. Proper notification of absence from a Commission meeting is defined as notifying the Chairperson by telephone not less than twenty-four (24) hours in advance of the scheduled meeting of the expected absence. In emergency situations the Chairperson, in his/her discretion, may accept less than twenty-four (24) hours advance notice. Section II-5. Suspension or Removal. Commissioners may be suspended or removed for with or without cause by the Board of Supervisors, including, but not limited to, absence without proper notification, as specified in Section II-4 of these By-Laws. ARTICLE III OFFICERS AND DUTIES Section III-1. Officers. The Officers of the Commission shall be a Chairman, Vice Chairman, Secretary and Assistant and Secretary. The Executive Committee consists of the Chairman, Vice Chairman and Secretary. All officers must be members in good standing of the Commission, appointed by the County Board of Supervisors, as provided in Section II-1, herein. Section III-2. Duties of Chairman. The Chairman shall preside at all meetings of the Commission. At each meeting the Chairman shall submit such recommendations and information as he/she may consider proper concerning the business, affairs and policies of the Commission. At the regular June meeting the Chairman shall report on the Commission’s activities for the preceding year. A copy of the annual report will be forwarded to the Board of Supervisors and a copy retained for the Commission’s files. He/she shall appoint committees as needs arise. The Chairman of the Commission will also submit to the Board of Supervisors a yearly calendar of monthly programs offered through the Commission on Aging. Section III-3. Duties of Vice-Chairman. The Vice-Chairman shall perform the duties as requested by the Chairman and in the absence of the Chairman he/she shall conduct meetings of the Commission. In case of the resignation or inability of the Chairman to serve, the Vice-Chairman shall perform such duties as are imposed on the Chairman until such time as the Commission shall select a new Chairman. By virtue of this office, the Vice-Chairman shall also serve as Chairman of the Program Committee. Section III-4. Duties of Secretary. The Secretary shall be responsible for recording the minutes of each meeting of the Commission and assuring that they are technically accurate and complete. He/she will be responsible for giving notices of all regular and special meetings of the Commission. The 3 Secretary shall see that all contracts, agreements, minutes and other entrustments are properly maintained for the review of any Commissioner. He/she shall keep a written record of all Commission appointments and notify the Board of Supervisors two (2) months prior to a term expiration. Section III-5. Duties of Assistant Secretary. The Assistant Secretary shall perform the duties as requested by the Chairman and the Secretary, and in the absence of the Secretary, shall be responsible for all duties related to the position of Secretary. The outgoing Secretary shall assume the position of Assistant Secretary for one (1) year after his/her term of Secretary has expired. Section III-6. Terms. The Chairman, Vice-Chairman and Secretary shall be elected for a term of one (1) year and shall not serve more than three (3) consecutive terms in the same office. Section III-76. Elections. Election of Officers shall take place at the regular June meeting. The floor shall be open for nominations and the election shall proceed. A quorum must be present to conduct an election and elected officers shall take office immediately. Section III-87. Vacancies. Should the Offices of Chairman, Vice Chairman or Secretary become vacant, the Commission shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. Elections to fill unexpired terms shall not be considered a full term, and such persons elected to fill unexpired terms shall be eligible to be elected to three (3) consecutive terms. ARTICLE IV MEETINGS Section IV-1. Regular Meetings. Regular meetings are scheduled monthly to be held on the first (1st) Wednesday of the month at 10:3000 a.m. Whenever there is no business of the Commission, the Chairman may dispense with the regular meeting by giving notice to all members at least two (2) days prior to the time set for the meeting, provided that the Commission shall meet at least every three (3) months. Section IV-2. Special Meetings. Special meetings of the Commission may be called at any time by the Chairman, or in the absence or unavailability of the Chairman, by the Vice-Chairman. The Secretary shall mail to all members, at least five (5) days in advance of a special meeting, a written notice, fixing the time and place of the meeting and the purpose thereof. Written notice of the special meeting is not required if the time and place of the special meeting has been fixed at a regular meeting. 4 Section IV-3. Majority. A simple majority of the members of the Commission shall constitute a quorum. When a quorum is in attendance, action may be taken by the Commission upon a vote of a majority of the Commissioners present. Section IV-4. Agenda. At a regular meeting of the Commission, the following shall be the Order of Business: (a) Roll Call - Determination of a quorum; (b) Reading and Approval of minutes of previous meeting; (c) Committee Reports; (d) Chairman’s Report; (e) Unfinished Business; (f) New Business; (g) Program; (h) Adjournment. Section IV-5. Resolutions. All resolutions must be in writing and shall be copied in a journal of the proceedings of the Commission. Section IV-6. Procedures. Robert’s Rules of Order, Revised, shall govern the Commission in all cases to which they are applicable and in so far as they are not inconsistent with these By-Laws and the statutes of Virginia and the ordinances of the County of Isle of Wight. There shall be a recorded vote on all motions. ARTICLE V BY-LAWS Section V-1. Procedure. The By-Laws of the Commission shall be amended only with the approval of at least two-thirds (2/3) of the members present and voting at a regular meeting, but no such amendment shall be adopted unless it is presented to the Commission in writing at the regular meeting preceding the regular meeting at which it is voted upon. Section V-2. Approval by Board of Supervisors. These By-Laws and all amendments thereto will not take effect until approved by the Board of Supervisors of Isle of Wight County, Virginia. 5 Approved by the Board of Supervisors at a regular meeting by motion duly adopted the ____ day of _____________________, 20___. Alan E. CasteenByron B. BaileyRex Alphin, Chairman Board of Supervisors Isle of Wight County, Virginia Attest: Carey Mills-Storm, Clerk Adopted this _______ day of ________________, 20 ___. ___, Chairman Commission on Aging Isle of Wight County, Virginia Approved as to Form: Mark C. Popovich County Attorney March 19, 2015/jtt/Update Carrollton VFD Compliance with OMD Requirements ISSUE: Staff Report: Carrollton Volunteer Fire Department ALS Interim Solution Update BACKGROUND: At the Board of Supervisors’ December 18, 2015 meeting, staff presented the Board with concerns from Dr. Joel Michael, the County’s Operational Medical Director (OMD), regarding Carrollton Volunteer Fire Department (CVFD). The OMD’s concerns included the following:  Unit Response times  Sanctioning of ALS providers through the Tidewater Emergency Medical Services (TEMS) Council.  Around-the-clock ALS availability. To date, CVFD has not adequately addressed the concerns of the OMD. UPDATE: Chief Terwilliger has been working with CVFD’s Chief Joel Acree on a solution. A tentative staffing plan between the Department of Emergency Services and CVFD is in progress to address the identified concerns. The solution is targeted at addressing centralized staffing of medical providers and ensuring appropriate ALS coverage in Carrolton’s District 24/7. District response times will also be monitored. A temporary staffing arrangement with CVFD is being planned for April with a permanent solution to follow shortly after. Additional progress reports will be forthcoming. BUDGETARY IMPACT: There is no budget impact at this time. RECOMMENDATION: For the Board’s information. March 19, 2015/jtt/Update Carrollton VFD Compliance with OMD Requirements ATTACHMENTS: None ISSUE: Resolution – Accept and Appropriate an Insurance Reimbursement from VACORP Risk Management for Replacement of a 2013 Dodge Charger BACKGROUND: In December 2014, an on-duty deputy was involved in an accident at the intersection of Nike Park Road and Reynolds Drive. The county vehicle the deputy was driving was a 2013 Dodge Charger with approximately 26,000 miles on it. VaCorp, the County’s insurance provider, declared the vehicle a total loss and issued a reimbursement check in the amount of $20,250.00. Most of the law enforcement equipment on the vehicle is salvageable and can be used on a replacement Dodge Charger. The Sheriff's Office is requesting authorization to purchase a 2014 Dodge Charger with the reimbursement check and funds in its current fleet line item to replace the damaged vehicle. RECOMMENDATION: Adopt a resolution to accept and appropriate insurance funding. ATTACHMENTS: Resolution RESOLUTION TO ACCEPT AND APPROPRIATE TWENTY THOUSAND TWO HUNDRED FIFTY DOLLARS FROM VACORP RISK MANAGEMENT WHEREAS, the County of Isle of Wight, Virginia has received an insurance reimbursement from VaCorp Risk Management for replacement of a 2013 Dodge Charger; and, WHEREAS, insurance reimbursement funds in the amount of twenty thousand two hundred fifty dollars ($20,250) from VaCorp Risk Management need to be appropriated to the Sheriff’s Office-Fleet line item in the FY2014-15 budget of the County of Isle of Wight; and, WHEREAS, the Sheriff’s Office will provide the additional funds necessary from its current budget allocation to cover the full cost of acquiring and outfitting a replacement vehicle. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that twenty thousand two hundred fifty dollars ($20,250) be appropriated to the Sheriff’s Office-Fleet line item in the FY2014-15 budget of the County of Isle of Wight for replacement of the 2013 Dodge Charger. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this grant and to do all things necessary to give this resolution effect. Adopted this 19th day of March, 2015. Rex W. Alphin, Chairman Carey Mills-Storm, Clerk Approved as to form: Mark C. Popovich, County Attorney ISSUE: Resolution – Authorize a Public Hearing on the Conveyance of Real Property to the Virginia Department of Transportation BACKGROUND: The Virginia Department of Transportation has completed design of the Carrsville Bridge Replacement. In order to move forward with the bid portion of this project VDOT has requested the conveyance of land needed for additional right-of-way located parallel to the Carrsville Convenience Center. Staff has met with VDOT representatives to ensure the land conveyance will not impact current or future operations of the Convenience Center. VDOT has offered $10,900 for the land (31,102 sq.ft. or 0.714 acre), $1,800 for utility easements, and $100 for a temporary easement totaling $12,800 based on its basic administration report. Staff has reviewed the information and believes this to be a fair offer for the land. BUDGETARY IMPACT: The General Fund will be increased by $12,800. RECOMMENDATION: Adopt a resolution to authorize a public hearing on the conveyance of real property to the Virginia Department of Transportation. ATTACHMENTS: - Resolution - Correspondence from VDOT - Basic Administrative Report (Acquisition Report) RESOLUTION AUTHORIZING THE CONVEYANCE OF REAL PROPERTY TO THE VIRGINIA DEPARTMENT OF TRANPORTATION.  WHEREAS, the Virginia Department of Transportation (“VDOT”) has requested the conveyance of approximately 31,102 square feet in fee simple, together with the grant of a temporary construction easement, over, across, under and through the land owned by the Isle of Wight County Board of Supervisors; and, WHEREAS, the Isle of Wight County Board of Supervisors has determined that it is advisable to convey to VDOT a certain portion of land in fee simple, totaling approximately 31,102 square feet owned by the Isle of Wight County Board of Supervisors, located at 6135 Carrsville Highway, Carrsville, Virginia 23315, for VDOT’s use in providing an improved bridge over Route 58, Carrsville Highway, in Carrsville, Virginia; 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 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 Board of Supervisors does hereby approve the request of VDOT as summarized in this Resolution and as detailed in VDOT State Project 0058-046-262, RW-201. BE IT FURTHER RESOLVED that the Isle of Wight County Administrator is hereby authorized to execute all documents necessary to effectuate this Resolution, including, but not limited to a deed and utility agreements and shall make such accounting adjustments as may be necessary.   BE IT FURTHER RESOLVED that the Board of Supervisors of Isle of Wight County authorizes a public hearing to be held at its regular meeting on April 16, 2015 regarding the conveyance of real property to the Virginia Department of Transportation for $10,900 and accepts $1800 for utility easements and $100 for a temporary easement. Adopted this 19th day of March, 2015. Rex Alphin, Chairman Carey Mills Storm, Clerk Approved as to Form: Mark A. Popovich, County Attorney     1 SPECIAL MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS AND THE INDUSTRIAL DEVELOPMENT AUTHORITY HELD THE FOURTH DAY OF MARCH IN THE YEAR TWO THOUSAND AND FOURTEEN AT 4:00 P.M. IN THE PLANNING AND ZONING CONFERENCE ROOM AT THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: BOARD OF SUPERVISORS Rex W. Alphin Delores C. Darden Rudolph Jefferson Byron B. Bailey Alan E. Casteen INDUSTRIAL DEVELOPMENT AUTHORITY Ron Pack, Chairman Carroll Keen, Vice-Chairman  Len Alphin, Member Diana Beale, Member James Ford, Member Tim Hillegass, Member Richard Holland, Jr., Member Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Carey Mills Storm, Clerk Chairman Bailey called the special meeting to order at 4:00 p.m. for the purpose of the Board meeting jointly with the Industrial Development Authority to discuss a prospective business. // County Attorney Popovich requested a closed meeting pursuant to Section 2.2-3711(A)(5) of the Code of Virginia for the purpose of discussing a prospective business where no previous announcement has been made of the business’ interest in locating its facilities in the community. 2 Supervisor Casteen moved that the Board enter the closed meeting for the reason stated by County Attorney Popovich. The motion was adopted by  a vote of (5‐0) with Supervisors Alphin, Bailey, Casteen, Darden and  Jefferson voting in favor of the motion and no Supervisors voting  against the motion.    Supervisor Casteen moved that the Board return to open session. The  motion was adopted by a vote of (5‐0) with Supervisors Alphin,  Bailey, Casteen, Darden and Jefferson voting in favor of the motion  and no Supervisors voting against the motion.  Supervisor Casteen moved that the following Resolution be adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bailey, Darden, Jefferson, Alphin and Casteen 3 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 // Chairman Bailey declared the special meeting adjourned at 5:00 p.m. ______________________ 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 SEPTEMBER IN THE YEAR TWO THOUSAND AND FOURTEEN AT 5:00 P.M. IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: Byron B. Bailey Rex W. Alphin Delores C. Darden Alan E. Casteen Rudolph Jefferson Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Carey Mills Storm, Clerk At 5:00 p.m., the Chairman called the meeting to order. // CLOSED MEETING County Attorney Popovich requested a closed meeting pursuant to Section 2.2- 3711(A)(1) of the Code of Virginia concerning a discussion regarding the appointment of specific appointees to County boards/committees or authorities; pursuant to Section 2.2-3711(A)(1) regarding discussion concerning the performance of two specific public appointees; and, pursuant to Section 2.2- 3711(A)(7) regarding consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel regarding an ongoing dispute with the Isle of Wight Volunteer Rescue Squad construction project. Supervisor Alphin moved that the Board enter the closed meeting for the reasons stated. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. 2 Chairman Bailey moved that the Board return to open meeting. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Jefferson moved that the following Resolution be adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bailey, Darden, Jefferson, Alphin and Casteen NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 // 3 At 6:00 p.m., Chairman Bailey delivered the invocation and led the Pledge of Allegiance to the Flag. // APPROVAL OF AGENDA There being no changes, Supervisor Alphin moved that the agenda be adopted as presented. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. CONSENT AGENDA A. Motion to Waive the Application Fee for a Riverview Memorial Tree Garden in Honor of former Board of Supervisor Henry H. Bradby B. Resolution to Accept and Appropriate Funding from the Town of Smithfield for Commonwealth’s Attorney’s Case Management System Upgrade C. Resolution – Accept and Appropriate Asset Forfeiture Funds Received from the Commonwealth of Virginia for the Commonwealth’s Attorney’s Office and the Sheriff’s Department and Insurance Proceeds from the Virginia Association of Counties Self-Insurance Risk Pool (VACORP) D. Resolution to Accept and Appropriate CMAQ Funds for the Windsor Sidewalk Construction Project E. January 16, 2014 Regular Meeting Minutes F. February 20, 2014 Regular Meeting Minutes Supervisor Casteen moved that the Consent Agenda be approved as presented. The motion was adopted by a vote of (5-0) with Supervisors 4 Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. REGIONAL REPORTS County Administrator Seward advised the Hampton Roads Planning District Commission members, at its meeting today, discussed how the Hampton Roads region compares nationally with respect to wages, housing costs, education and crime rate. She further advised that a report on the HR Green campaign was received which is designed to educate the public on how to deal with fats, oil and grease, storm water awareness, recycling and beautification. County Administrator Seward advised that the Hampton Roads Transportation Planning Organization had discussed reductions which were announced by the Governor in response to projections in forecast. She advised that the State will be reducing $1 billion from the Six-Year Transportation Plan. She advised a presentation was received with respect to plans for the Virginia rail service which she hopes to obtain copies of for distribution to the Board. She further advised that the long-range transportation plan was discussed regarding how to incorporate $8 billion of projects into the Plan. Supervisor Jefferson reported that the Western Tidewater Regional Jail continues to be run in an orderly and well maintained fashion and is moving ahead with an energy project. He advised that the balance of the Operating Budget is $1,298,837 and the Jail has spent 9.34% of its allocated FY2015 budget. He advised that the Jail is at 64% of its total bed capacity and that the County has utilized inmates for a total of 445.5 hours. He requested that a letter be sent to the Jail expressing the County’s appreciation to the inmates for a job well done. APPOINTMENTS Supervisor Casteen moved that Anne F. Seward be appointed to serve on the Chamber of Commerce replacing Lisa T. Perry. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and 5 Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved that Julia Perkins be reappointed to serve on the Social Services Board representing the Windsor District. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATION/APPEARANCES Chairman Bailey moved that the following Resolution to Honor the Life of Henry H. Bradby, former member of the Board of Supervisors, be adopted: RESOLUTION TO HONOR THE LIFE OF HENRY H. BRADBY, FORMER MEMBER OF THE BOARD OF SUPERVISORS WHEREAS, Mr. Henry H. Bradby was a native and lifelong resident of Isle of Wight County, Virginia; and, WHEREAS, Mr. Bradby served as a member of the Isle of Wight County Social Services Board for 8 years and represented the County on several regional Boards and Committees; and, WHEREAS, Mr. Bradby served as a member, Chairman, and Vice-Chairman of the Board of Supervisors during his thirty year tenure from January 1, 1976 – December 31, 2005; and, WHEREAS, his strong presence, soft demeanor, and significant accomplishments have left an indelible impression on the Board of Supervisors and the citizens of Isle of Wight County; and, WHEREAS, the Board of Supervisors joins his family in mourning the passing of former Supervisor Henry H. Bradby on August 23, 2014. 6 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia honors the life, legacy, and memory of Henry H. Bradby. BE IT FURTHER RESOLVED that the Board of Supervisors extends its condolences to the family of Henry H. Bradby and orders that a copy of this Resolution be spread upon the minutes of this Board this eighteenth day of September 2014. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. A Resolution to Recognize the Initial Accreditation of the Isle of Wight County Sheriff’s Office, was adopted at the Board’s August 21, 2014 and was formally presented to the Sheriff. Joe Lomax, VDOT Franklin Residency Administrator, provided maintenance updates for County roadways, including paving, mowing and ditch maintenance. Animals currently available for adoption at the County’s animal shelter were displayed. CITIZENS’ COMMENTS Albert Burckard read into the record a letter dated September 8, 2014 from the Carrollton Volunteer Firefighter’s Association going on record in support of Carrollton Volunteer Fire Department maintaining its independence as a volunteer fire department in the County. Fred Mitchell of 24266 Dashiell Road read a statement from Joel Acree in opposition to the Carrollton Volunteer Fire Department signing a Facilities Use Agreement with the County. 7 Debbie Bales, on behalf of United We Stand, Isle of Wight, expressed her opposition to the Carrollton Volunteer Fire Department having to sign a Facilities Use Agreement with the County. T. Dale Scott requested the Board to reconsider its previous vote and restore funding to the Windsor Volunteer Fire Department. Chairman Bailey attempted to clear up any misunderstandings regarding the issue of funding for the Carrollton Volunteer Fire Department. PUBLIC HEARINGS Chairman Bailey called for a public hearing on the following: An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Appendix B, Zoning, Article III, Use Types; Article IV, Zoning Districts and Boundaries; Article V, Supplementary Use Regulations; Article X, Vehicle Parking Facilities in order to create standards for brewery, distillery, cidery and related facilities Richard Rudnicki, Principal Planner, provided an overview of the proposed amendments. County Attorney Popovich certified that the matter had been properly advertised. Citizens in favor or in opposition to the proposed Ordinance were asked to speak. No one appeared and spoke. Supervisor Alphin moved that the following Ordinance be adopted An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting the Following Articles of Appendix B, Zoning: Article III, Use Types; Article IV, Zoning Districts and Boundaries; Article V, Supplementary Use Regulations; and Article X, Vehicle Parking Facilities To Create Standards for Brewery, Distillery, Cidery, and Related Facilities 8 WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and WHEREAS, the Isle of Wight County Board of Supervisors is also concerned about the compatibility of uses on public and private lands within Isle of Wight County and seeks to allow flexibility in the administration of the ordinance regulations while protecting the health, safety, and general welfare of present and future residents and businesses of the County. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article III, Use Types, Section 3-6000, Commercial use types, and Section 3-7000, Industrial use types; Article IV, Zoning Districts and Boundaries, Section 4-9003, Limited Commercial Conditional uses, Section 4-10002, General Commercial Permitted uses, Section 4-11002, Limited Industrial Permitted uses, Section 4-12002, General Industrial Permitted uses, Section 4-13002, General Industrial Conservation Permitted uses, Section 4-17002, Planned Development Commercial Park Permitted uses, Section 4-18002, Planned Development Mixed Use Permitted uses, and Section 4-19002, Planned Development Industrial Park Permitted uses; Article V, Supplementary Use Regulations, Section 5-5005, Supplementary use regulations for commercial use types; and Article X, Vehicle Parking Facilities, Section 10-1010, Table of use types and parking requirements of the Isle of Wight County Code be amended and reenacted as follows: Sec. 3-6000. Commercial use types. 9 Adult entertainment establishment.\ An establishment having a substantial or significant portion of its stock in trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or related to "specified sexual activities" or "specified anatomical areas," or an establishment with a segment or section devoted to the sale or display of such material. This use includes any adult bookstore, adult mini-motion-picture theater, adult picture theater, cabaret, massage parlor, drug paraphernalia store, or tattoo parlor. Agricultural service.\ An establishment primarily engaged in providing services specifically to the agricultural community which is not directly associated with a farm operation. Included in this use type would be servicing of agricultural equipment, independent equipment operators, and other related agricultural services. Antique shop.\ A place offering primarily antiques for sale. An antique for the purposes of this ordinance shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, at least thirty (30) years old. Auction establishment.\ A structure or enclosure where goods and/or livestock are sold by auction on a recurring basis. Expressly excluded from this use are non-recurring auctions of property, possessions, estates, and other items located at the premises where the auction is being conducted. Bed and breakfast.\ A dwelling or portion thereof, in which lodging is provided by the owner or operator who resides on the premises. This use offers short-term lodging rooms and meals for transient guests, none of who remain for more than fourteen (14) consecutive nights each. This definition shall include the term tourist home. Boarding house.\ A single-family dwelling unit, or part thereof, with three (3) or more rooms that are rented individually or collectively by long-term 10 residents (at least month-to-month tenants) as opposed to overnight or weekly guests. A boarding house may make provisions for serving meals. Boat repair yard.\ See "marina" listed under commercial use types. Boating and Fishing Facilities.\ Facilities catering to the general public, whether an admission is charged or not, where provisions are made for fishing from the shoreline or from a pier and/or launching or rental of boats are available on-site. Business support service.\ Establishment or place of business engaged in the sale, rental or repair of office equipment, supplies and materials, or the provision of services used by office, professional and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, mail and packaging stores, as well as temporary labor services. Business or trade school.\ A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as an educational facility, either primary and secondary, or college and university, or as a home occupation. Campground.\ Any site, lot, parcel or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and recreational equipment, recreational vehicles, and which is primarily used for recreational purposes and retains an open air or natural character. Car wash.\ Washing and cleaning of vehicles. Typical uses include automatic conveyor machines and self-service car washes. 11 Commercial equipment repair, accessory to dwelling.\ The repair and/or maintenance of mechanical, electrical, or electronic devices and equipment, such as, computers, televisions, lawnmowers, household appliances, machine parts, and other similar devices. Commercial indoor amusement.\ Establishments which provide games of chance, skill or scoring as other than an incidental use of the premises. Games would include pinball and video machines, pool and billiard tables and other similar amusement or entertainment devices, whether or not they are coin-operated, and also card games, bingo, and off-track betting. Typical uses include game rooms, pool halls, video arcades, and bingo parlors. Commercial indoor entertainment.\ Predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, drama theaters, concert or music halls. Commercial indoor sports and recreation.\ Predominantly participant uses conducted within an enclosed building. Typical uses include bowling alleys, ice and roller skating rinks, indoor racquetball, squash courts, swimming, and/or tennis facilities, archery and indoor shooting ranges and similar uses. Commercial outdoor entertainment/sports and recreation.\ Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include motor vehicle, boat, motorcycle or animal racing facilities/complexes, drive-in movies, miniature golf, amphitheaters and outdoor amusement parks, motorized cart and motorcycle tracks, and motorized model airplane flying facilities. Professional and semi-professional athletic fields shall also be included in this use. Commercial outdoor swimming pool and tennis facility.\ Outdoor pools or tennis facilities operated by a commercial entity that are open to the general public usually requiring membership or some form of payment. 12 Construction office, temporary.\ A trailer used as a temporary office during a construction operation. This use includes construction office trailers occupied in conjunction with residential or nonresidential development. Construction sales and service.\ Establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures, but specifically excluding motor vehicle or equipment supplies otherwise classified herein. Typical uses include building material stores and home supply establishments. Contractor office and storage facility.\ An establishment or place of business engaged in the construction of residential or commercial structures including trades that assist in building construction or remodeling including carpentry, electrical, masonry, painting, metalworking, flooring installation, ductwork, plumbing, heating, air conditioning, roofing, and other similar trades. Convenience store.\ Establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, limited household supplies and hardware. Crematorium.\ A location used for cremation containing properly installed, certified apparatus for this process. Dance hall.\ Any establishment open to the general public where dancing is permitted and a cover charge is directly or indirectly required for entry into the establishment. However, a restaurant licensed to serve food and beverages having a dance floor with an area not exceeding ten (10) percent of the total floor area of the establishment shall not be considered a dance hall. Equipment sales and rental.\ Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, and similar industrial 13 equipment. Included in this use type is the incidental storage, maintenance, and servicing of such equipment. Flea market.\ Occasional or periodic commercial activities held in an open area or enclosed structure where groups of sellers rent space on a short-term basis to display, barter, or sell goods to the general public. A fee may be charged for expected buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise. A flea market is composed of semi-closed or outdoor stalls, stands, or spaces. Funeral home.\ Establishments engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals. This use excludes crematorium, which is defined separately. Garden center.\ Establishments engaged primarily in the retail sale of trees, shrubs, seeds, fertilizers, pesticides, plants, plant materials, and garden supplies, primarily for agricultural, residential and commercial consumers. Gasoline station.\ A facility for the retail sale of motor vehicle fuels, oils, and accessories, where repair is incidental, where no more than two (2) abandoned vehicles or other motor vehicles shall be stored on the premises. May include the sale of propane or kerosene as an accessory use. General store, country.\ A single store, the ground floor area of which is 4,000 square feet or less and which offers for sale, primarily, most of the following articles: bread, milk, cheese, candy, papers and magazines, and general hardware articles. Gasoline may also be offered for sale but only as a secondary activity of a country general store. Golf course.\ A tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters. Included would be executive or par three (3) golf courses. 14 Golf driving range.\ A limited area on which golf players do not walk, but onto which they drive golf balls from a common driving tee. Hospital.\ A building or group of buildings having room facilities for one (1) or more patients, used for providing services for the inpatient medical or surgical care of sick or injured humans and which may include related facilities such as laboratories, outpatient departments, training facilities, central service facilities, ambulance stops and helicopter landing sites, and other incidental and subordinate uses integral to hospital operations. Hospital, special care.\ A special care hospital shall mean an institution rendering care primarily for patients with mentally-related illness, or under treatment for alcoholism, substance abuse, etc. Hotel/motel/motor lodge/inn.\ A building or group of attached or detached buildings containing lodging units intended primarily for rental or lease to transients by the day or week. Such uses generally provide additional services such as daily maid service, restaurants, taverns, or public banquet halls, ballrooms, and meeting rooms and/or recreation facilities. Kennel, commercial.\ The boarding, breeding, raising, grooming or training of two (2) or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises. Laundry.\ Establishments primarily engaged in the provision of laundering, cleaning or dyeing services other than those classified as personal services. Typical uses include bulk laundry and cleaning plants, diaper services, or linen supply services. Lawn and garden services.\ Establishments primarily engaged in performing a variety of lawn and garden services, including Bermuda sprigging services, cemetery upkeep, garden maintenance, garden planting, lawn care, lawn fertilizing services, lawn mowing services, lawn mulching services, lawn 15 seeding services, lawn spraying services, lawn sprigging services, mowing highway center strips and edges, seeding highway strips, sod laying and turf installation. Manufactured home sales.\ Establishment primarily engaged in the display, retail sale, rental, and minor repair of new and used manufactured homes, parts, and equipment. Marina.\ A use for docking or mooring of more than four (4) boats (excluding paddle or rowboats) or providing services to boats, including servicing and repair, sale of fuel and supplies, and provisions of lodging, goods, beverages. A yacht or boat club shall be considered a marina. Medical clinic.\ A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis including emergency treatment, diagnostic services, training, administration and services to outpatients, employees, or visitors. This use may include ambulance stops, helicopter landing sites, and other incidental and subordinate uses integral to providing outpatient care. This would include medical offices in excess of ten thousand (10,000) square feet of floor area. Micro-brewery, distillery, cidery.\ See “Brewery, distillery, cidery” listed under industrial use types. A micro-brewery, distillery, cidery shall not exceed 15,000 barrels per year in production. Mini-warehouse.\ A building designed to provide rental storage space in cubicles where each cubicle has a maximum floor area of four hundred (400) square feet. Each cubicle shall be enclosed by walls and ceiling and have a separate entrance for the loading and unloading of stored goods. Motor vehicle dealership, new.\ The use of a building, land area or other premises for the display of new and used automobiles, trucks, vans, or 16 motorcycles for sale or lease, including warranty repair work and other major and minor repair service conducted as an accessory use. Motor vehicle dealership, used.\ Any lot or establishment where two (2) or more used motor vehicles, including automobiles, trucks, and motorcycles are displayed at one (1) time for sale or lease, including warranty repair work and other major and minor repair service conducted as an accessory use. Motor vehicle/outdoor storage.\ The outdoor storage of operable motor vehicles, and boats. Motor vehicles in this use shall include cars, trucks, sports utility vehicles, motorcycles, boats, motor homes or RVs. This use shall specifically include vehicle impound areas for operable vehicles. Motor vehicle parts/supply, retail.\ Retail sales of automobile parts and accessories. Typical uses include automobile parts and supply stores which offer new and factory rebuilt parts and accessories, and include establishments which offer minor automobile repair services. Motor vehicle/rental.\ Rental of motor vehicles and light trucks and vans, including incidental parking and servicing of vehicles for rent or lease. Typical uses include auto rental agencies and taxicab dispatch areas. Motor vehicle repair service/major.\ Repair of construction equipment, commercial trucks, agricultural implements and similar heavy equipment, including automobiles, where major engine and transmission repairs are conducted. Typical uses include automobile and truck repair garages, transmission shops, radiator shops, body and fender shops, equipment service centers, machine shops and other similar uses where major repair activities are conducted. Motor vehicle repair service/minor.\ Repair of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. Typical uses 17 include tire sales and installation, wheel and brake shops, oil and lubrication services, automobile glass repair and similar repair and service activities where minor repairs and routine maintenance are conducted. Pawn shop.\ A use engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker and the incidental sale of such property. Personal improvement service.\ Establishment primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include driving schools, health fitness centers or gyms, reducing salons, dance studios, handicraft and hobby instruction, and baseball and basketball instruction facilities. Personal service.\ Establishment or place of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops; grooming of pets; seamstresses, tailors, or shoe repairs; florists; and laundromats and dry cleaning stations serving individuals and households. Real estate office, temporary.\ A class A or B manufactured home, single- family home or other structure used on a temporary basis as a real estate sales office in conjunction with residential development. Recreational vehicle sales and service.\ Retail sales of recreational vehicles and boats, including service and storage of vehicles and parts and related accessories. Restaurant, drive-in fast food.\ An establishment primarily engaged in the preparation of food and beverages, for either take-out, delivery or table service, primarily served in disposable containers at a counter, a drive-up or drive-through service facility or offers curb service. 18 Restaurant, general.\ An establishment engaged in the preparation of food and beverages. This use is characterized by table service to customers in nondisposable containers. Retail sales.\ Sale or rental with incidental service of goods and merchandise for personal or household use which is not otherwise specifically described in the listing of commercial use types contained herein. Such uses include bakeries, drug stores, bookstores, furniture, gifts, hardware, grocery stores, clothing stores, and floral retail shops. Studio, fine arts.\ A building, or portion thereof, used as a place of business for visual art, which may include sculptors, artists or photographers. Taxidermy.\ A building where animal skins are prepared, stuffed and mounted for sale. Truck stop.\ An establishment containing a mixture of uses which cater to the traveling public and in particular motor freight operators. A truck stop might include such uses as fuel pumps, restaurants, overnight accommodations, retail sales related to the motor freight industry, and similar uses. Truck terminal.\ See "warehousing and distribution" listed under industrial use types. Veterinary hospital/clinic.\ Any establishment rendering surgical and medical treatment of animals. Boarding of animals shall only be conducted indoors, on a short-term basis, and shall only be incidental to such hospital/clinic use, unless also authorized and approved as a commercial kennel. (7-7-05; 8-21- 08; 12-18-08; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-4-C, 4-18-13.) Sec. 3-7000. Industrial use types. 19 Abattoir or livestock processing.\ The use of land for the slaughter of livestock, including cattle, sheep, swine, goats and poultry, as a service, and from which there is sold no meat or other product of such slaughter other than materials generally considered inedible for humans and which are generated as waste and/or by-products of such slaughter, including, but not limited to, blood, bones, viscera, hides, etc., which may be sold for purposes of removal from site. Asphalt plant.\ An establishment engaged in manufacturing or mixing of paving materials derived from asphaltic mixtures of tar. Brewery, distillery, cidery.\ An establishment for the production and packaging of alcoholic beverages, such as beer, liquor, cider, mead, etc., for distribution, retail or wholesale, on-premises or off-premises, and which meets all Virginia Alcoholic Beverage Control laws and regulations. The facility may include other accessory uses such as retail sales, tasting rooms, restaurants, etc., as permitted in the district and as long as the accessory uses do not exceed the primary use in floor area or value. Construction yard.\ Establishments housing facilities of businesses primarily engaged in construction activities, including the outside storage of materials and equipment used for the business operations. Typical uses may include site work companies to include excavating and grading activities, roadway construction and utility infrastructure companies, and other heavy construction companies. Convenience center.\ A government-operated facility used for the collection of trash, garbage, and rubbish, including receptacles for the collection and storage of recyclable materials. Custom manufacturing.\ Establishments primarily engaged in the on-site production of goods by hand manufacturing, within enclosed structures, involving the use of hand tools, and the use of mechanical equipment commonly associated with residential or commercial uses or a single kiln. Typical uses would include pottery, cabinet or woodwork shops. Industry, Type I.\ Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products, from processed or previously manufactured materials. Included would be assembly of electrical appliances, bottling and printing plants, and 20 the manufacturing of paint, oils, pharmaceuticals, cosmetics, solvents and other chemicals, production of items made of stone, metal or concrete. Industry, Type II.\ Enterprises in which goods are generally mass produced from raw materials on a large scale through use of an assembly line or similar process, usually for sale to wholesalers or other industrial or manufacturing uses. Included in this use type are industries involved in processing and/or refining raw material such as chemicals, rubber, wood or wood pulp, forging, casting, melting, refining, extruding, rolling, drawing, and/or alloying ferrous metals, and the production of large durable goods such as automobiles, manufactured homes, or other motor vehicles. Industry, Type III.\ An establishment which has the potential to be dangerous or extremely obnoxious. Included are those in which explosives are stored, petroleum is refined, natural and liquid and other petroleum derivatives are stored and/or distributed in bulk, radioactive materials are compounded, pesticides, fertilizers and certain acids are manufactured, and hazardous waste is treated or stored as the establishment's principal activity. Landfill, industrial.\ The use of land for the legal disposal of specific industrial waste which is a by-product of a manufacturing or production process. Landfill, rubble.\ The use of land for the legal disposal of construction and demolition wastes consisting of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, metals and plastic associated with construction and wastes from land-clearing operations consisting of stumps, wood, brush, and leaves. Landfill, sanitary.\ The use of land for the legal disposal of municipal solid waste derived from households, business and institutional establishments, including garbage, trash, and rubbish, and from industrial establishments, other than hazardous wastes as described by the Virginia Hazardous Waste Regulations. Meatpacking.\ The processing of meat products and by-products directly from animals or offal from dead animals. Recycling center.\ A privately operated facility for the collection and storage of recyclable materials designed and labeled separately for citizens to 21 voluntarily take source materials for recycling. Resource extraction.\ A use involving on-site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries, borrow pits, sand and gravel operation, mining, and soil mining. Specifically excluded from this use type shall be grading and removal of dirt associated with an approved site plan or subdivision, or excavations associated with, and for the improvement of, a bona fide agricultural use. Scrap and salvage service.\ Any lot or place engaged in the storage, sale, dismantling or other processing or uses of waste materials which are not intended for reuse in their original forms. Typical uses include paper and metal salvage yards, automotive wrecking yards, junkyards, used tire storage yards, or retail and/or wholesale sales of used automobile parts and supplies. (See also the definitions of automobile wrecking yard and junkyard in section 2-1002.) Shipping container.\ Primarily a metal container used to pack, ship and store goods. On land they are kept in shipping or storage yards. Transfer station.\ Any storage or collection facility which is operated as a relay point for municipal solid waste which ultimately is transferred to a landfill. Warehousing and distribution.\ Uses including storage, warehousing and dispatching of goods within enclosed structures, or outdoors. Typical uses include wholesale distributors, storage warehouses, truck terminals and moving/storage firms. (7-7-05; 12-18-06; Ord. No. 2012-10-C, 10-18-12.) Sec. 4-9003. Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Forestry operation • Timbering 22 B. Residential uses: Group home * Multifamily dwelling C. Civic uses: * Adult care center * Cemetery • Public * Child care center Club Cultural service Public assembly * Utility service/major D. Office uses: Laboratory E. Commercial uses: Business or trade school Car wash Commercial indoor amusement Commercial indoor entertainment * Commercial outdoor swimming pool and tennis facility * Contractor office and storage facility * Convenience store * Crematorium * Garden center * Gasoline station * Golf course Hospital Hospital, special care Hotels/motels/motor lodge/inn * Kennel, commercial * Marina Medical clinic * Micro-brewery, distillery, cidery 23 * Motor vehicle repair service/minor * Restaurant, drive-in fast food Restaurant general Retail sales Studio, fine arts F. Industrial uses: * Construction yard Custom manufacturing * Landfill, rubble G. Miscellaneous uses: * Communication tower Parking facility, surface/structure * Reconstructed wetland (7-7-05; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-2-C, 4-18- 13.) Sec. 4-10002. Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Agriculture • Assembly and repair of farm equipment Farmer's market * Forestry operation • Forestry, silvicultural B. Residential uses: * Accessory apartment • Commercial accessory apartment B. Civic uses: Administrative service 24 Adult care center * Child care center * Child care institution Club * Community center Crisis center Cultural service Life care facility * Nursing home Park and ride facility Post office Public assembly * Public park and recreational area Public safety service Rehabilitation service * Utility service/minor D. Office uses: Financial institution General office 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 • Farm and forestry implement storage, sales and service * Antique shop Auction establishment * Bed and breakfast Business support service Business or trade school Commercial indoor amusement Commercial indoor entertainment 25 * Commercial indoor sports and recreation * Construction office, temporary Construction sales and service * Contractor office and storage facility * Funeral home * Garden center * Golf course Hospital Hotel/motel/motor lodge/inn Lawn and garden services * Marina Medical clinic * Micro-brewery, distillery, cidery * Motor vehicle dealership/new * Motor vehicle parts/supply and retail * Motor vehicle/ rental * Motor vehicle repair service/minor Pawn shop Personal improvement service Personal service * Restaurant, drive-in fast food Restaurant, general Retail sales Studio, fine arts Taxidermy Veterinary hospital/clinic F. Industrial uses: * Construction yard Custom manufacturing G. Miscellaneous uses: * Amateur radio tower (7-7-05; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-2-C, 4-18- 13.) 26 Sec. 4-11002. Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Agriculture • Assembly and repair of farm equipment * Forestry operation • Forestry, silvicultural B. Civic uses: * Adult care center * Child care center Park and ride facility * Public maintenance and service facility Public safety service * Utility service/minor C. Office uses: General office Laboratory D. Commercial uses: Agricultural service • Commercial assembly and repair of all equipment normally used in agricultural, silvicultural, and horticultural operation Business or trade school Car wash * Commercial indoor sports and recreation * Construction office, temporary * Contractor office and storage facility Equipment sales and rental * Garden center 27 Laundry Lawn and garden services * Micro-brewery, distillery, cidery * Miniwarehouse Motor vehicle/outdoor storage * Motor vehicle/rental * Motor vehicle repair service/major Retail sales Truck stop E. Industrial uses: Brewery, distillery, cidery * Construction yard Convenience center Custom manufacturing Industry, Type I * Recycling center/transfer station Warehousing and distribution F. Miscellaneous uses: * Amateur radio tower (7-7-5; Ord. No. 2012-10-C, 10-18-12; 3-20-14.) Sec. 4-12002. Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Agriculture • Fertilizer storage • Assembly and repair of storage equipment * Forestry operation • Forestry, silvicultural B. Civic uses: 28 * Adult care center * Child care center Park and ride facility * Public maintenance and service facility Public safety service * Utility service/minor C. Office uses: Laboratory D. Commercial uses: * Adult entertainment establishment Agricultural service • Commercial assembly and repair of all equipment normally used in agricultural, silvicultural, and horticultural operation * Construction office, temporary * Contractor office and storage facility Equipment sales and rental Laundry Lawn and garden services * Micro-brewery, distillery, cidery * Miniwarehouse Motor vehicle/outdoor storage * Motor vehicle repair service/major E. Industrial uses: Brewery, distillery, cidery * Construction yard Convenience center Custom manufacturing Industry, Type I Industry, Type II Meatpacking * Recycling center * Shipping container Transfer station 29 Warehousing and distribution F. Miscellaneous uses: * Amateur radio tower (7-7-05; 8-21-06; Ord. No. 2012-10-C, 10-18-12.) Sec. 4-13002. Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Forestry operation • Silvicultural, forestry • Timbering * Sawmill B. Civic uses: * Adult care center * Child care center Park and ride facility Public safety service * Utility facility/minor C. Office uses: General office D. Commercial uses: * Construction office, temporary * Constractor office and storage facility * Micro-brewery, distillery, cidery * Miniwarehouse Motor vehicle/outdoor storage E. Industrial uses: * Abattoir or livestock processing Brewery, distillery, cidery Industry, Type I 30 Industry, Type II Meatpacking Warehousing and distribution F. Miscellaneous uses: * Amateur radio tower (7-7-05; Ord. No. 2012-10-C, 10-18-12.) Sec. 4-17002. Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Forestry operation • Forestry, silvicultural B. Civic uses: * Adult care center * Child care center * Community center Park and ride facility Post office Public assembly * Public maintenance and service facility Public safety service * Utility service/minor C. Office uses: Financial institution General office Medical office C. Commercial uses: Agricultural service • Farm supplies, equipment sales and service * Antique shop 31 Business support service Commercial indoor entertainment * Commercial indoor sports and recreation * Construction office, temporary * Contractor office and storage facility * Funeral home * Gasoline station * Golf course Hotel/motel/motor lodge/inn * Marina * Micro-brewery, distillery, cidery * Mini-warehouse * Motor vehicle dealership/new * Motor vehicle parts/supply, retail * Motor vehicle/rental Personal improvement service Personal service * Restaurant, drive-in fast food Restaurant, general Retail sales Studio, fine arts Veterinary hospital/clinic E. Miscellaneous uses: * Amateur radio tower (7-7-05; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-2-C, 4-18- 13.) 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. 32 A. Agricultural uses: * Forestry operation • Forestry, silvicultural B. Residential uses: * Accessory apartment • Commercial accessory apartment * Community recreation * Condominium Dwelling, single-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 * Micro-brewery, distillery, cidery 33 * 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. 4-19002. Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Agriculture • Fertilizer storage • Assembly and repair of farm equipment * Forestry operation • Forestry, silvicultural B. Civic uses: Park and ride facility * Public maintenance and service facility Public safety service * Utility service/major * Utility service/minor C. Office uses: Laboratory D. Commercial uses: 34 Agricultural service • Farm supplies, equipment sales and service • Commercial assembly and repair of all equipment normally used in agricultural, silvicultural, and horticultural operation Business support service * Construction office, temporary * Contractor office and storage facility * Convenience store Equipment sales and rental * Gasoline station Laundry Lawn and garden services * Marina * Micro-brewery, distillery, cidery * Mini-warehouse * Motor vehicle parts/supply, retail * Motor vehicle/rental * Motor vehicle repair service/major * Motor vehicle repair service/minor Personal improvement service Personal service * Restaurant, drive-in fast food Restaurant, general E. Industrial uses: Brewery, distillery, cidery * Construction yard Custom manufacturing Industry, Type I Industry, Type II Meatpacking Transfer station Warehousing and distribution F. Miscellaneous uses: 35 * Amateur radio tower Parking facility, surface/structure (7-7-05; 8-21-06; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-2-C, 4-18-13.) Sec. 5-5005. Supplementary use regulations for commercial use types. A. Adult entertainment establishment. ..... An adult entertainment establishment shall be permitted where the zoning district(s) regulation(s) identifies such uses subject to the following standards: 1. No such regulated use shall be permitted: a. Within one (1) mile of any other existing adult entertainment establishment; and b. Within one (1) mile of any residential zoning district, planned development residential district; c. Within one (1) mile of any of the following uses: i. Child care institution, child care center, place of religious assembly, or establishment that sells religious articles or religious apparel; ii. Primary or secondary educational facility, and their adjunct play areas; and iii. Community recreation, public parks and recreational areas, or cultural services. The separation and distances specified in this subsection shall be measured from property lines, or in the case of zoning districts, from the outward boundary of that district. 2. Signs and other visible messages. Adult entertainment establishments shall be permitted to have signs and visible messages based on the allowable sign area of the zoning district in which they are located, provided: a. Signs. i. Sign messages shall be limited to verbal description of material or services available on the premises. 36 ii. Sign messages may not include any graphic or pictorial depiction of material or services available on the premises. b. Other visible messages. i. Messages which are visible or intended to be visible from outside the property (such as on or within doors or windows) shall not display materials, items, publications, pictures, films, or printed material available on the premises; or pictures, films, or live presentations of persons performing or services offered on the premises. 3. Discontinuance of operation. Should a use defined as an adult entertainment establishment cease or discontinue operation for a period of ninety (90) or more consecutive days, it may not resume, nor be replaced by any other adult entertainment establishment unless it complies with the requirements set forth above. B. Antique shop. 1. The following shall apply to all antique shops: a. The outdoor display of goods or merchandise for sale shall be prohibited. 2. The following shall apply in the RAC and VC zoning districts: a. The use of an existing structure shall be permitted provided adequate off-street parking is provided in accordance with this ordinance. b. Direct access to the property shall be provided from a publicly owned and maintained road, and use of a private road in conducting this business, other than a driveway for sole use of the owner/occupant of the property, shall be prohibited. C. Bed and breakfast. ..... Bed and breakfasts shall comply with the following standards: 1. Maximum number of guest bedrooms: Five (5); 2. Maximum number of guests at any one (1) time: Fifteen (15); 3. No paying guest shall stay on any one (1) visit for more than fourteen (14) consecutive nights; 37 4. One (1) off-street parking space for each guest bedroom shall be provided in a side or rear yard; 5. Meal service is limited to one (1) daily meal between 6:00 a.m. and 11:00 a.m. per paying overnight guest and is subject to approval by the Isle of Wight County Health Department for food preparation; and 6. At least one (1) operator of the bed and breakfast shall reside on the premises or on an adjacent premises. D. Campground. ..... All campgrounds shall meet the following requirements: 1. Campground area. a. Minimum lot area: Ten (10) acres. b. Minimum lot frontage: One hundred fifty (150) feet abutting a public highway, road, or other public right-of-way, unless otherwise approved by the board of supervisors. 2. Camping site density. a. The density of campsites in a campground shall not exceed an average of fifteen (15) campsites per acre of the developed portion of the campground, inclusive of service roads, toilet facilities, and service buildings. b. Each camping site shall provide a minimum of nine hundred (900) square feet. c. The camping site shall either provide a parking space for one (1) motor vehicle that will not interfere with the convenient and safe movement of traffic, or provide equivalent parking of one (1) parking space per camping site in a central area. 3. Setbacks. a. Minimum setback of all camping sites or pads from: i. Adjacent property lines and public or street rights-of-way: One hundred (100) feet. ii. Any residence of adjacent property owners: Three hundred (300) feet. 38 iii. All interior roads and from each other: Twenty (20) feet. 4. Roads. a. Interior roads shall be constructed of a minimum of six (6) inches of gravel and be twenty (20) feet wide, except that one-way roads may have a minimum width of ten (10) feet. b. Campgrounds shall be provided with safe and convenient vehicular access from abutting public streets or roads. c. Connections of campgrounds with public streets or roads shall conform to the applicable design standards as required by the Virginia Department of Transportation (VDOT). 5. Water and sewer. ..... Each campsite shall have an available water supply and sewage disposal facilities as may be required by the appropriate state and county agencies. Whenever public water and/or sewer systems are available, such systems shall be used. a. Service buildings. Each campground shall provide conveniently located service building(s) which shall contain the following minimum equipment for each twenty (20) campsites within the campground: i. One (1) flush type toilet, ii. One (1) lavatory, and iii. One (1) shower with hot and cold running water for males; and one (1) of each for females. Such equipment shall be in accordance with county and state codes. All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites, and other destructive elements. Exterior portions shall be of such material and be so constructed and protected as to prevent entrance or penetration of moisture and weather. 6. Recreation area. ..... A minimum of fifty percent (50%) of the total campground shall be reserved for open space and developed recreational area and shall not include any land required for individual campsites, roads or service area. 39 7. Fire protection. ..... Each campground shall provide such fire protection equipment as may be recommended by the local fire department. During installation of electrical service facilities for the campground, the department of inspections shall inspect and approve the installed electrical systems. A certificate of approval shall be displayed in the electrical service equipment area and a copy shall be provided to the zoning administrator. Additional regulations required to ensure the campground is protected from fire: a. Campgrounds shall be kept free of litter, rubbish, and other flammable materials. b. Portable fire extinguishers rated for class A, B, and C shall be kept in service buildings and at other locations conveniently and readily accessible for use by all occupants and shall be maintained in good operating condition. Their capacity shall not be less than required by applicable codes. c. Fires shall be made only in stoves, incinerators, and other equipment intended for such purposes. 8. Site plan. ..... A site plan shall be submitted for all campgrounds. 9. Time restrictions. ..... No recreational vehicle or camping trailer shall be used as a permanent residence and no individual unit shall be continually occupied in any location for a period of more than sixty (60) days within the period of one (1) year from the date it was first brought into the community. 10. Special conditions. ..... Campgrounds shall follow the regulations set forth in section 1-1017 for conditional uses. E. Campground, workforce 1. Intent The workforce campground, in contrast to a recreational campground, is to provide small scaled facilities in discrete rural areas of the County to accommodate the workforce associated with the Surry Nuclear Power Plant and similar facilities during outages, which require skilled and semi-skilled labor to seek temporary short term housing in the community. 40 2. General standards: a. Minimum Lot Size: 5 acres b. The maximum number of campsites shall be ten sites. c. No campsite shall be located within 200 feet of single- family residence located on an adjoining property, other than the residence of the owner/operator of the campground. d. Health Department approval shall be obtained for the campground and sewage disposal system. Any form of sewage disposal may be approved by the Health, unless otherwise specifically addressed by this ordinance, provided there is no assumption of liability on Isle of Wight County without the express approval of the Board of Supervisors. e. Access to campsites shall be provided by a 10 foot all weather road suitable for volume and characteristics of the vehicles typical of a campground. f. The property on which the workforce campground is located shall have direct access to a public road, or if a private road is used for access, all of the property owners having access rights to the private road shall provide a written authorization for the use of the private road for a workforce campground. g. The maximum length of continuous occupancy in the same campground shall be no more than 120 days. The Zoning Administrator has the authority to extend occupancy in the campground as necessary consistent with outage operations. Maximum occupancy shall not be circumvented by removal of units for brief periods of time, as is determined by the Zoning Administrator. h. The location of the campgrounds, the condition of the site and the nature of surrounding land uses shall be such that loss of farmland and adverse impact on surrounding property will be minimal. In general, a wooded site or 41 partially wooded site is to be preferred to an open site in order to preserve farmland, reduce visual impact on development and provide an attractive environment within the campground. i. The overall design shall evidence a reasonable effort to preserve the natural amenities of the site, including wooded areas, steep slopes, bluffs, wetlands, beaches, and bodies of water. Special emphasis shall be given to preservation of mature trees and landscaping of areas which must be cleared. j. The conditional use permit, if approved, shall initially be issued for a period not to exceed five (5) years. Renewal of the permit shall be obtained prior to the expiration of the initial five (5) years, after which a permit may be issued for a period of not more than ten (10) years. F. Commercial equip repair, accessory to dwelling. 1. The operation and use shall not occupy a building larger than 2,000 square feet. 2. Outdoor storage shall be prohibited. G. Commercial indoor sports and recreation. 1. Where an indoor shooting range is proposed, the following additional criteria shall apply: a. The application shall be referred to the county sheriff's office for review and comment. Such use shall be designed to eliminate all danger from flying projectiles, as deemed necessary by the county sheriff. b. The building and site shall be designed to eliminate any excessive noise, above what would be customary and typical for the location without an indoor shooting range. H. Commercial outdoor entertainment/sports and recreation. 1. The following shall apply to all such uses: 42 a. All principal buildings and structures and all intensively active areas associated with this use shall comply with the height, coverage, and setback regulations for the district in which they are located. b. The provision of food, refreshments, and entertainment as an accessory use to the principal use shall be permitted, provided such activity shall not create additional demand on on-site facilities, including parking, access, utilities, etc. c. All outdoor lighting shall be located, shielded, landscaped, or otherwise buffered so that no direct light shall constitute an intrusion into any residential area. I. Commercial outdoor swimming pool and tennis facility. ..... Commercial swimming pools or tennis facilities, including accessory buildings, may be allowed when consistent with zoning district regulations upon a finding by the board of supervisors with a recommendation from the planning commission that such a use will not create excessive traffic, noise, or physical activity, provided that the following minimum area, frontage, and setback requirements shall be complied with: 1. Minimum area is five (5) acres; 2. Minimum frontage of two hundred (200) feet on a public road; 3. Swimming pools, tennis courts, recreation areas, and buildings shall be at least two hundred (200) feet from any adjacent residential zone; 4. Setbacks for swimming pools and tennis facilities shall be fifty (50) feet from the front property line, thirty-five (35) feet from the rear line, and twenty-five (25) feet from each side property line in all zones; and 5. Where a community recreation facility is proposed to be converted to this use, the planning commission and board of supervisors may vary the area and setback requirements above, provided that alternative methods of protecting adjoining properties are required as conditions of the conditional use permit. J. Construction office, temporary. 43 1. Temporary construction offices, including trailers, may be used on construction sites provided that such structures shall be removed from the subject property within thirty (30) days of: a. The superintendent of inspections issuing a certificate of occupancy for building construction; b. For a residential subdivision, upon completion of infrastructure and site improvements; or c. The expiration of the building or zoning permit, whichever was last issued, for the property. Upon written request, the zoning administrator may grant a reasonable extension of time based on extenuating circumstances related to the character and complexity of the construction project. K. Contractor office and storage facility. ..... All materials stored on the property shall be placed either indoors or in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential district, in addition to meeting the landscaping zone requirements of article VIII. L. Convenience store. 1. The following standards shall apply to all convenience stores: a. When gasoline is sold, all requirements for a gasoline station shall be met as set forth in subsection 5-5005.O., the supplementary use standards for a gasoline station. b. The outdoor display of goods for sale shall be prohibited. M. Crematorium. ..... A crematorium may be permitted where indicated in the zoning district(s) regulation(s). 1. Any crematorium shall be located at least two hundred (200) feet from any residential lot line. 2. The proposed location is compatible with adjacent land uses, existing or proposed highways, and other elements or factors deemed to affect the public health, safety, and welfare of the inhabitants of such district. N. Flea market. 44 1. The following shall apply to all flea markets: a. All areas designated and used for the display and/or sale of merchandise shall be shown on a site plan approved by the county. All such areas shall be under a roof or in permanently designated areas. Use of any area not shown for such use on the approved site plan, including parking areas for incidental sales, shall constitute a violation of this ordinance. b. All outdoor areas used for the display and/or sale of merchandise shall be located seventy (70) feet from any street. Merchandise shall be removed from outdoor display areas on a daily basis, including any temporary structures used in the display or sale of the merchandise. c. Regular refuse disposal shall be required and the property shall be kept free of litter, rubbish, and all other materials. 2. Any tractor trailers, shipping containers, storage buildings, and similar facilities or structures are prohibited. 3. Flea markets shall not be approved where their location would contribute to the depreciation of the business district or disrupt the stability of the business district. O. Funeral home (as a conditional use). 1. The use of a tract or parcel of land or buildings for a funeral home may be allowed when identified in the zoning district(s) regulation(s) as a conditional use upon a finding by the board of supervisors with a recommendation by the planning commission that: 2. The use will not create excessive noise, traffic, or type of a physical activity. 3. Special conditions, such as provisions for additional fencing or planting or other landscaping, additional setback from property lines, location, arrangement of lighting and parking areas, and other reasonable requirements deemed necessary to safeguard the general community interest and welfare, may be invoked by the board of supervisors with a recommendation from the planning commission as requisites to the granting of a conditional use. 45 P. Garden center. ..... A garden center shall comply with the following: 1. All buildings and outdoor storage areas shall be at least fifty (50) feet from any property line, except: a. Plant materials may be stored or displayed in the front yard no closer than thirty-five (35) [feet] from a street. The display of equipment, tools or bagged and bulk materials in the front yard shall be prohibited. 2. All materials stored on site that produce odors or attract pests or other vermin shall be effectively covered or otherwise managed to effectively eliminate any nuisance of such storage. 3. The outdoor storage of garden tools, bulk or bag materials, and similar items shall only be allowed within a fully screened storage area. Q. Gasoline station. 1. The following shall be required for all gasoline station uses: a. In addition to the buffer zone planting requirements of article VIII, screening with a solid, durable wall or a substantial, solid fence, not less than six (6) feet in height shall be provided in the buffer zone. Required buffer zone plantings shall be located between the solid screen and the adjacent properties. Such additional screening may be waived by the board of supervisors when the natural terrain or existing vegetation provides an effective buffer. b. Signs, product displays, parked vehicles, and other obstructions that would adversely affect visibility at any intersection or driveway shall be prohibited. c. Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare in any residential zone or upon the adjacent roadway. See article XI. d. Gasoline pumps or other service appliances shall be located on the lot at least ten (10) feet behind the building line, and all service, storage, or similar activities in connection with such use shall be conducted entirely within the building. 46 e. There shall be at least twenty (20) feet between driveways on each street and all driveways shall be perpendicular to the curb or street line. f. Light motor vehicle repair work may be done at a motor vehicle fuel and service station, provided that no major repairs, spray paint operation, or body or fender repair are permitted. g. Motor vehicles shall not be parked so as to overhang the public right-of-way. h. A motor vehicle storage lot containing no more than three thousand five hundred (3,500) square feet may be permitted for use in connection with a towing operation. Such storage shall be screened from public view as specified in article VIII, and shall not be for the storage of inoperable, unlicensed, or unregistered motor vehicles. i. When such use occupies a corner lot, the location of egress and ingress driveways shall be in compliance with any and all applicable standards of the Virginia Department of Transportation. Such driveways shall not exceed the applicable commercial entrance standards or requirements of the Virginia Department of Transportation. j. The canopy of a gasoline station shall not exceed fifteen (15) feet in height measured from the bottom of the canopy to the paved surface of the fueling lane, shall have a double-pitched roof of no less than 5:12, and shall be architecturally integrated with the principle building. k. The canopy shall utilize the same architectural elements and building materials as the principle building. l. In the event that a gas station is vacant for a period greater than eighteen (18) months, the county shall require the owner of record to provide suitable financial surety in an amount sufficient to remove and dispose of any underground tanks plus ten percent (10%). Absent such surety, the county may remove any such tanks and place a lien on the property including all administration costs. 47 R. Golf course/driving range. ..... Golf courses, including golf driving ranges, shall comply with the following regulations: 1. The incidental provision of food, refreshments, and entertainment for patrons and their guests may be allowed in connection with such use, provided they do not draw an excessive amount of traffic through local residential streets, and that their provision is subordinate to the principal use. 2. All outdoor lighting shall be located, shielded, landscaped, or otherwise buffered so that no direct light shall constitute an intrusion into any residential area or adjacent streets. 3. If adjacent to single-family residential use all buildings and parking shall meet a minimum setback of one hundred (100) feet from the property line. 4. Adequate netting, screening, or other similar devices shall be installed around the golf ball landing area to ensure golf balls don't land beyond the subject property lines or negatively impact any adjoining structures. The zoning administrator shall determine the adequacy of the system used to keep golf balls within the golf ball landing area. S. Kennel, commercial. 1. General standards: a. Animal waste shall be disposed of in a manner applicable to all federal, state and local laws and regulations. b. Crematoria or land burial of animals in association with a commercial kennel shall be prohibited. 2. Additional standards in the RAC district: a. The minimum area required for a commercial kennel shall be two (2) acres. b. All facilities associated directly with the commercial kennel, whether indoors or outdoors, shall be set back a minimum of one hundred (100) feet from any property line, and shall meet the screening zone requirements as specified in article VIII. 48 c. The site shall front on and have direct access to a publicly owned and maintained street. 3. Additional standards in the GC district: a. All outdoor runs, training areas and pens associated with a commercial kennel shall be set back a minimum of one hundred (100) feet from any property line, and shall meet the screening zone requirements as specified in article VIII. T. Marina. ..... Marinas in the RAC, RR, VC, and NC districts in existence as of the date of this ordinance may be expanded or enlarged without a conditional use permit provided that all other site plan requirements are met. U. Miniwarehouse. ..... A miniwarehouse may be permitted consistent with the zoning district(s) regulation(s), provided: 1. The minimum lot size shall be three (3) acres. 2. All storage spaces shall be contained in individual enclosed stalls containing no more than four hundred (400) square feet each and no greater than ten (10) feet in height. 3. The following uses shall be prohibited: a. Auctions by tenants, commercial wholesale or retail sales, or miscellaneous or garage sales. b. The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment. c. The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment. d. The establishment of a transfer and storage business. e. The storage or transfer of toxic, flammable, or otherwise hazardous chemicals or similar substances, highly combustible, explosive or hazardous materials regulated by local, state, or federal law. f. Residential uses (other than a resident manager's apartment). 49 4. Outdoor storage areas shall be used for the storage of motor vehicles, trailers, and recreational vehicles only and shall meet the screening zone requirements of article VIII. 5. When adjoining properties are used or zoned for residential purposes: a. Non-street-facing property lines shall be improved with a solid, vinyl or wooden fence, or masonry wall along the entire length (except for approved access crossings) a minimum of six (6) feet in height, installed in addition to, and to the interior of, the required buffer zone plantings specified in article VIII. b. In addition to the required frontage zone plantings specified in article VIII, street-facing property lines shall require a wooden fence or masonry wall along the entire length (except for approved access crossings) a minimum of six (6) feet in height. Said improvements are to be located outside any public right-of-way and interior to any required setback or frontage zone landscaping. 6. No security fencing, security gate or other obstruction to vehicle access shall be permitted in the required front yard setback or in any required buffer yard. 7. All interior driveways shall be at least twenty-six (26) feet wide when cubicles open onto one (1) side only and at least thirty (30) feet wide when cubicles open onto both sides to accommodate loading and unloading at individual cubicles. Adequate turning radiuses shall be provided, where appropriate, for a thirty-foot- long single unit truck or moving van. V. Micro-brewery, distillery, cidery. …..General Standards: 1. Activities related to the brewing/distilling process not within an enclosed building shall meet the requirements of the Screening Zone as set forth in Article VIII. 2. Tasting rooms, restaurants, retail space, and other uses shall not exceed fifty percent (50%) of the floor area of the establishment. W. Motor vehicle dealership, new. 1. General standards: 50 a. Outdoor display areas in conjunction with automobile sales shall be constructed of the same materials required for off-street parking areas. b. The storage and/or display of motor vehicles in the required frontage zone, buffer, or planting strip along a right-of-way shall be prohibited. c. Exterior display or storage of new or used automobile parts is prohibited. d. All repair services shall take place within an enclosed structure. e. Body and fender repair services are permitted provided: i. The area devoted to such services does not exceed twenty percent (20%) of the floor area. ii. The repair facilities are at least one hundred fifty (150) feet from any adjoining residential district. iii. Any spray painting takes place within a structure designed for that purpose and approved by the department of building inspections. iv. Any vehicle awaiting body repair or painting, or is missing major mechanical or body parts, or has been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential district, in addition to meeting the landscaping zone requirements of article VIII. X. Motor vehicle dealership/used. ..... General standards: 1. Outdoor display areas in conjunction with automobile sales shall be constructed of the same materials required for off-street parking areas. 2. The storage and/or display of motor vehicles in the required frontage zone, buffer, or planting strip along a right-of-way shall be prohibited. 3. Exterior display or storage of new or used automobile parts is prohibited. 4. All repair services shall take place within an enclosed structure. 51 5. Any vehicle which is missing major mechanical or body parts or has been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential district, in addition to meeting the landscaping zone requirements of article VIII. Y. Motor vehicle parts/supply, retail. ..... General standards: 1. Exterior display or storage of new or used automobile parts is prohibited. 2. Equipment and vehicles stored overnight on the premises shall be behind the front building line or at least thirty-five (35) feet from the public right-of-way, whichever is greater. Z. Motor vehicle/rental. ..... General standards: 1. Unless otherwise permitted and approved, the conducting of any major repairs, spray paint operation, body or fender repair, or sale of gas shall be prohibited, except that not more than one (1) gasoline pump shall be permitted, but only for the fueling of rental vehicles. 2. Vehicles shall be stored or parked in areas constructed of the same materials required for off-street parking areas, and meeting the landscaping requirements for parking zones. 3. When such a use abuts a residential zone or civic use, the use shall be screened by a solid vinyl or wooden fence, or masonry wall not less than six (6) feet in height. 4. Signs, product displays, parked vehicles, and other obstructions that would adversely affect visibility at any intersection or driveway shall be prohibited. 5. Lighting, including permanent illuminated signs, shall be arranged so as not to reflect or to cause glare into any residential zone. AA. Motor vehicle repair service/major. ..... General standards: 1. All vehicles stored on the premises in excess of seventy-two (72) hours shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred 52 (100) feet from any adjoining residential district, in addition to meeting the landscaping zone requirements of article VIII. 2. Body and fender repair services shall be subject to the following: a. The repair facilities are at least one hundred fifty (150) feet from any adjoining residential district. b. Any spray painting takes place within a structure designed for that purpose and approved by the department of building inspections. c. Any vehicle awaiting body repair or painting, or is missing major mechanical or body parts, or has been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential district, in addition to meeting the landscaping zone requirements of article VIII. d. Exterior display or storage of new or used automobile parts is prohibited. e. Direct access to the property shall be provided from a publicly owned and maintained road, and use of a private road in conducting this business, other than a driveway for sole use of the owner/occupant of the property, shall be prohibited. BB. Motor vehicle repair service/minor. ..... General standards: 1. Exterior display or storage of new or used automobile parts is prohibited. 2. Equipment and vehicles stored overnight on the premises shall be behind the front building line or at least thirty-five (35) feet from the public right-of-way, whichever is greater. CC. Restaurant, drive-in fast[food]. ..... General standards. 1. Such restaurants shall comply with the requirements for drive-through facilities contained in subsection 5-1004.D, accessory uses, and section 10-1013, stacking spaces and drive through facilities. (7-7-05; Ord. No. 2012-10-C, 10-18-12.) DD. Taxidermy…..General standards: 53 1. Proper permitting and record retention shall be required through the Commonwealth for stuffing and mounting birds and animals for compensation or for sale, as provided for in Title 29.1. 2. Proper disposal of waste material to prevent potential disease transmission is required by the following means, and without undue delay: a. Incinerating organic waste material in an approved incinerator, not by open burning, even in a pit. b. Placing organic waste material in a legal landfill using a covered leakproof container for transport. c. Use of animal remains for hunting and/or as an animal food source shall be prohibited. 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 54 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 spaces per 1 bedroom unit 2.25 spaces per 2 bedroom unit 2.5 spaces per 3 bedroom unit 1 visitor space for every 3 units Dwelling, multifamily 2 spaces per 1 bedroom unit 55 conversion 2.25 spaces per 2 bedroom unit 2.5 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, 2 spaces per dwelling 56 Class C 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 spaces per 1 bedroom unit 2.25 spaces per 2 bedroom unit 2.5 spaces per 3 bedroom unit 1 visitor space for every 3 units Townhouse 2 spaces per 1 bedroom unit 2.25 spaces per 2 bedroom unit 2.5 spaces per 3 bedroom unit 1 visitor space for every 3 units Civic Use Types 57 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 58 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 59 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 60 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 1 space per 3 persons based on maximum 61 amusement 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 1 space per 100 sq. ft. of water surface, and/or 4 62 pool and tennis facility 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 63 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 64 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 65 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 66 • 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 67 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 68 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, See schedule B 69 outdoor 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. 70 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.) The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. COUNTY ADMINISTRATOR’S REPORT Donald T. Robertson, Director of Information Resources and Legislative Affairs, provided an overview of the County’s proposed legislative issues and was directed to return at the Board’s October meeting with 6-12 items which represent the County’s priorities for inclusion in the 2015 legislative agenda and for presentation to the Virginia General Assembly. Arthur E. Berkley, Director of Inspections, briefed the Board on efforts taken to create a singular, one-stop permitting process to allow developers, builders and the general public to obtain permits for any activity within the three (3) departments of Planning and Zoning, Inspections, Engineering and Economic Development. Judy H. Winslow, Director of Tourism, briefed the Board regarding a design package developed by the Isle of Wight County Marketing Committee for signage utilizing the new County logo and improving visibility and clarity at the County complex. Charles Meek, Assistant to the County Administrator, provided an overview of proposed amendments to Chapters 2 and 8 of the County Policy Manual to Provide for a Uniformed Capital Improvements Plan (CIP) Development 71 Process and the Elimination of Obsolete Policies Concerning Nonprofit Funding Requests and Audiotaping of Public Meetings. Supervisor Casteen moved that the amendments be adopted. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Frank A. Haltom, Director of General Services, briefed the Board relative to the terms of the Western Tidewater Water Authority Water Purchase Agreements. Andrea Clontz, Interim Director of Emergency Services, presented A Resolution to Amend the County Policy Manual, Chapter 2, Article 2, Section 2.2, County Fleet and Equipment Management for consideration. Supervisor Casteen moved that the following Resolution be adopted as revised: CHAPTER 2, FINANCIAL AND ACCOUNTING ARTICLE II Capital Participation in Volunteer Fire and Rescue Organization Projects (Adopted August 1, 2000; Revised December 7, 2000) Capital Improvements Plan (CIP) Development Process (Adopted ____) Section 2.0 Intent/Purpose The purpose of this policy is to establish a formal process and guidelines for the development of the County’s Capital Improvements Plan (CIP). The CIP 72 serves as a planning tool for the Board of Supervisors and provides a mechanism for the planning and financing of major non-recurring needs. The CIP shall be developed annually to plan for proposed public improvements to be constructed and major equipment to be purchased during the next 10 years. The CIP is intended to accomplish the following objectives:  To build the facilities required to support the County’s public service responsibilities.  To improve financial planning by comparing needs with resources, estimating future bond issues and debt service, and identifying tax rate implications.  To establish priorities among projects so that limited available funds are used to the best advantage.  To plan public facility construction and major equipment purchases and coordinate timing with public needs.  To support the physical development objectives contained in approved County plans. Section 2.1 Eligible Projects The types of expenditures that will be included in the CIP must be distinguished from expenditures that will remain part of the Operating Budget. Generally, the classification of assets as capital versus operating can be determined by two criteria: 1) Cost and 2) Useful Life. 1) Cost: Only those projects that are major and exceed $50,000 shall be included in the CIP. However, this shall not exclude replacement of items less than $50,000 when included as a part of a larger project. 2) Useful Life: Only those projects that have a long service life estimated at five (5) years or more. Expenditure items that are made annually, such as salaries, office supplies, personal computers and software, office furniture, routine maintenance and service contracts, or similar “soft” or non-durable purchases are not appropriate to include in the capital program. 73 To classify an item as either a capital or operating expenditure, the cost and useful life criteria should be applied simultaneously. Section 2.2 CIP Development Process  The CIP Development Process will begin in September of each year to address in detail the five year plan and additional five year horizon for needed County capital improvements.  The County Administrator will send out a CIP Request Package and instructions to solicit CIP project requests from county departments and Isle of Wight County Schools for the next 10 years.  The County Administrator will review the CIP requests and develop a recommended CIP with the input of departments. Once completed, the County Administrator’s recommended CIP will be forwarded to the Planning Commission.  The Planning Commission will review the County Administrator’s recommended CIP, direct any edits, and forward the document to the Board of Supervisors.  The Board of Supervisors will review the Planning Commission recommended CIP, hold a public hearing, make any necessary edits and adopt the CIP.  The first year of the adopted CIP, subject to funding availability, will be incorporated into the County Administrator’s Proposed Annual Operating and Capital Budget. a. All requests for capital funding participation must be presented by the individual Fire and Rescue Department to the Fire and Rescue Association and receive a recommendation for funding to include an amount and proposed timetable for submission in the Capital Improvements Plan (CIP). 74 b. All requests for submission in the CIP shall be presented to the CIP Subcommittee of the Planning Commission by the President of the Fire and Rescue Association and the Director of Emergency Management. c. The adopted Capital Improvement Plan does not constitute funding approval by the Board of Supervisors. As such, all projects approved in the CIP must be funded by an appropriation in the Capital Budget prior to project implementation. d. The Virginia Public Procurement Act and the Isle of Wight County Procurement Policy shall be adhered to and complied with for all County funded Fire and Rescue projects. Prior to the purchases, the Isle of Wight County Volunteer Fire and Rescue Association shall be consulted for needs, specifications, potential bidders, and prior to acceptance of any bid. Project management shall be performed jointly by the individual Fire and Rescue Association and the Director of Emergency Management. e. The County shall maintain ownership of all County funded Real Estate projects and insure same on the County’s Property and Casualty Insurance Policy. CHAPTER 2, FINANCIAL AND ACCOUNTING ARTICLE III Request for Funding Sponsorship (Adopted August 19, 1999) Non-Profit Funding Requests (Adopted January 16, 2014) Section 3.0 Intent/Purpose 75 The purpose of this policy is to establish a formal process and guidelines for nonprofit organizations to make funding requests to the County for the provision of services that will benefit citizens of Isle of Wight County. Section 3.1 General The County Administrator is authorized to accept funding requests as part of the annual operating budget development process. The County Administrator will establish, each year, an application package and due date for nonprofit organizations that wish to be considered for funding as part of the County’s annual operating budget. Applications will be considered from established 501(c)(3) nonprofit organizations that provide services to the citizens of Isle of Wight County that are more comprehensive in nature or would not otherwise be made available by the County Government. Section 3.2 Application Process a. An application package will be made available for download by interested nonprofit organizations on the County’s website and upon request from the County Administrator’s Office. b. As part of the application package, applicants will be required to submit the following information:  501(c)(3) IRS Determination Letter  List of Current Board of Directors to include residential status  Current Year’s Adopted Operating Budget  Most Recent Audited Financial Statements and Audit Report  Other relevant service statistics as deemed appropriate 76 c. In order to be considered for funding, all application forms and required attachments must be delivered to the County Administrator’s Office before the established due date and time. Section 3.3 Evaluation Criteria Section 3.3.1 Evaluation Criteria for Nonprofit Organizations Other Than Volunteer Fire & Rescue Organizations All applications will be reviewed and evaluated based on the following criteria: Evaluation Criteria Total Eligible Points Nature of service provided aligns with local government purpose 25 Demonstrated prudent financial management including prepared budget plans and operations absent of material audit findings 20 Capacity of the organization/feasibility of the project, program, or service 15 Percent of local contribution requested to the percentage of the local customer base to be served 15 County contribution leverages a multiplied funding match in services to Isle of Wight County residents 10 Achievement of prior year goals and objectives supported by County funding assistance 10 Board membership representation proportionate to Isle of Wight County resident base 5 GRAND TOTAL100 Section 3.3.2 77 Evaluation Criteria for Volunteer Fire & Rescue Organizations (Reserved) Section 3.4 Award of Funds to Nonprofit Organizations Upon the evaluation of applications submitted by nonprofit organizations, the County Administrator will include the recommended funding level for each applicant in the proposed annual operating budget. The Board of Supervisors will make the final determination of funding through the adoption of the annual operating budget. The following represents a listing of recommended criteria applicable to requests for funding sponsorship by the Board of Supervisors: - Name recognition must be afforded for the County of Isle of Wight and/or the Towns of Smithfield and Windsor - Organization receiving funding must provide detail as to how such name recognition will be provided. - A minimum of twenty percent (20%) of Isle of Wight citizen participation must be demonstrated by the organization requesting funding. - The organization must serve a civic purpose and maintain an open admission policy with equal opportunity participation. - Consideration should be given as to whether the program/event is duplicative of existing County programs already funded and made available to citizens of Isle of Wight County. - Maximum contribution of $1,000 per sponsored event annually. Contributions should not exceed $1,000 or fifty percent (50%) (whichever is less) of the direct and indirect costs of the Isle of Wight citizens’ participation in the event. 78 - Total contributions awarded must be within the County’s annual budget allocation for such programs/events, as adopted by the Board of Supervisors. (Recommended at $2,000.) CHAPTER 2, FINANCIAL AND ACCOUNTING ARTICLE IV County Funding Policy for Those Agencies Adversely Impacted by Reductions in State Funding (Adopted November 7, 2002) The Commonwealth of Virginia is experiencing unprecedented revenue shortfalls due to current economic conditions and is significantly reducing, and in some cases eliminating, the amount of funding being provided to agencies and programs. Isle of Wight County is fiscally unable to continue to supplement or offset the substantial reductions in State funds necessary to sustain the affected agencies and programs. Any funds reduced or eliminated from the budget of any affected agency, board, commission, etc. as a result of cuts made by the Commonwealth of Virginia will not be absorbed or replaced by funding from the County, unless such loss of funding is deemed to be critical to the safety and well-being of County citizens. CHAPTER 8, MISCELLANEOUS GENERAL ARTICLE III Audiotaped Proceedings (Adopted June 17, 1999) 79 a. Minutes of the public meetings of the Board of Supervisors will be recorded by audio-tape as a backup to the Clerk’s notes to aid the Clerk in the preparation of the official Minutes of said Board. b. That on the day following the Board meeting the audiotapes will be copied and the audiotape copy will be made available for public review within the Courthouse proper on the second work day after said Board meeting. c. All such audiotapes will be appropriately labeled, dated, and inventoried for ease of identification and kept in a single location in the County Administrator’s offices for a period of one year. d. All such audiotapes shall be maintained and made available to the public in accordance with the applicable provisions of the Virginia Freedom of Information Act. CHAPTER 8, MISCELLANEOUS GENERAL ARTICLE VI Non-Profit Funding Requests (Adopted January 16, 2014) Section 6.0 Intent/Purpose The purpose of this policy is to establish a formal process and guidelines for nonprofit organizations to make funding requests to the County for the provision of services that will benefit citizens of Isle of Wight County. Section 6.1 General 80 The County Administrator is authorized to accept funding requests as part of the annual operating budget development process. The County Administrator will establish, each year, an application package and due date for nonprofit organizations that wish to be considered for funding as part of the County’s annual operating budget. Applications will be considered from established 501(c)(3) nonprofit organizations that provide services to the citizens of Isle of Wight County that are more comprehensive in nature or would not otherwise be made available by the County Government. Section 6.2 Application Process d. An application package will be made available for download by interested nonprofit organizations on the County’s website and upon request from the County Administrator’s Office. e. As part of the application package, applicants will be required to submit the following information:  501(c)(3) IRS Determination Letter  List of Current Board of Directors to include residential status  Current Year’s Adopted Operating Budget  Most Recent Audited Financial Statements and Audit Report  Other relevant service statistics as deemed appropriate f. In order to be considered for funding, all application forms and required attachments must be delivered to the County Administrator’s Office before the established due date and time. Section 6.3 Evaluation Criteria Section 6.3.1 81 Evaluation Criteria for Nonprofit Organizations Other Than Volunteer Fire & Rescue Organizations All applications will be reviewed and evaluated based on the following criteria: Evaluation Criteria Total Eligible Points Nature of service provided aligns with local government purpose 25 Demonstrated prudent financial management including prepared budget plans and operations absent of material audit findings 20 Capacity of the organization/feasibility of the project, program, or service 15 Percent of local contribution requested to the percentage of the local customer base to be served 15 County contribution leverages a multiplied funding match in services to Isle of Wight County residents 10 Achievement of prior year goals and objectives supported by County funding assistance 10 Board membership representation proportionate to Isle of Wight County resident base 5 GRAND TOTAL 100 Section 6.3.2 Evaluation Criteria for Volunteer Fire & Rescue Organizations (Reserved) Section 6.4 Award of Funds to Nonprofit Organizations Upon the evaluation of applications submitted by nonprofit organizations, the County Administrator will include the recommended funding level for each 82 applicant in the proposed annual operating budget. The Board of Supervisors will make the final determination of funding through the adoption of the annual operating budget. Funding disbursements to nonprofit organizations will be made based on the amount of funds awarded including: 1) Up to $20,000 – Funds will be disbursed via a lump sum payment no less than 45 days after the start of the fiscal year or July 1st. 2) $20,000 or more – Funds will be disbursed via quarterly payments with the first installment no less than 45 days after the start of the fiscal year or July 1st. Section 6.5 Progress Reports The County Administrator will develop a progress report for use by nonprofit organizations that are awarded funds from the County. These reports will be due on a semi-annual basis to the County Administrator in order to demonstrate how County funds were used to provide services to the citizens of Isle of Wight County. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Amy Ring, Assistant Director of Economic Development, briefed the Board on a wetlands delineation action plan associated with the Shirley T. Holland Phase II “sustainable forest” property. Mark W. Furlo, Director of Parks and Recreation, reported on efforts undertaken by staff with respect to the opening of the 2014 County Fair. 83 County Administrator Seward highlighted the following information items: Treasurer Delinquent Accounts and Cash Flow Report; CIP Development Calendar; Transportation update; and, Bay Disposal transition update. Supervisor Casteen moved that the September 18, 2014 Board of Supervisors’ meeting be continued to September 19, 2014 for the purpose of the Board conducting its annual retreat. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. __________________________ Rex W. Alphin, Chairman ______________________ Carey Mills Storm, Clerk 1 CONTINUED MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE NINETEENTH DAY OF SEPTEMBER IN THE YEAR TWO THOUSAND AND FOURTEEN PRESENT: Byron B. Bailey, Chairman Alan E. Casteen Rex W. Alphin Rudolph Jefferson Delores M. Darden Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Donald T. Robertson, Director of Information Resources and Legislative Affairs Carey Mills Storm, Clerk Chairman Bailey called the continued meeting to order at 8:30 a.m. at The Smithfield Center for the purpose of the Board conducting its annual Strategic Planning Retreat. Donald T. Robertson, Director of Information Resources and Legislative Affairs, acting as the Facilitator for today’s meeting, welcomed those present and provided background information on James Campbell, Executive Director, Virginia Association of Counties and William Quarles, Retired Board of Supervisors’ member for Goochland County. County Administrator Seward recognized Board and staff accomplishments to date beginning with the Board’s comprehensive By- Laws which were adopted at the Board’s January 2, 2014 organizational meeting. She provided a highlight of the following goal areas identified by the Board: Leadership and professionalism; establishment of organizational goals and a strategic direction; customer service and public responsiveness; financial management; and, operational improvements. She continued with a review of the following four key areas of team values: Respect; responsiveness; accountability; and, demonstrated team spirit. She recognized the following as successes in 2014: Implementation of the central permitting process and customer service 2 solution; the deployment of development facilitation meetings for applicants; streamlined billing process; promotion of economic development; standards for the County’s volunteer fire and rescue organizations with respect to buildings and facilities; branding and signage; update of the County’s policies and procedures; adoption of a three-year strategy to address the County’s deficit; personal property billing twice a year; dialogue with the County’s bond rating agencies; endorsement of financial efficiencies; school funding and an improved relationship with school officials. Mr. Campbell stressed the importance of the Board effectively communicating and working together as a team for the benefit of all citizens. Mr. Quarles addressed the importance of the County as a whole coming first, followed by the district a Board member is representing. He cautioned the Board not to forget that they report to the citizens and they should always use respect in dealing with them and County staff in a public setting. He stated it is imperative that the Chairman control the conduct of the meetings. He further cautioned the Board to ensure that it is in compliance with the requirements of the Freedom of Information Act and he strongly recommended training sessions be attended. Mr. Chandler noted the importance of using the Public Information Officer with regard to information discussed in closed meeting. He mentioned that Conflict of Interest forms need to be submitted twice a year now. He recommended the Board members refer to their Board of Supervisors’ manual as needed and be willing to attend annual conferences. County Attorney Popovich addressed qualification for Freedom of Information Act items, such as voice mail messages, emails, text messages and blog posts. He discussed the legal ramifications associated with an item discussed in closed meeting being shared with the public and disseminated a memo prepared by him for use as a reference document concerning the Freedom of Information Act, Conflict of Interest and Procurement. 3 Supervisor Casteen requested that handouts provided at meetings, but not included in the agenda, be made available to the public on-line. // Members of the Planning Commission were welcomed to the meeting. // Judy H. Winslow, Director of Tourism, provided an update on the Citizen Satisfaction Survey. Greg Grootendorst, Chief Economist, Hampton Roads Planning District Commission, provided regional population growth trends and projections for 2040. The County’s lack of a transportation network, specifically direct flights and workforce, was noted as being an inhibitor to expansion in the County. It was noted that feedback from the citizen survey indicated that citizens want diversity and the County can enjoy a denser area and an agricultural component if planned appropriately, allowing development to be encouraged in a smart way. County Administrator Seward commented that staff is currently developing a trend and statistical digest. // Following a recess for lunch, Richard Rudnicki, Principle Planner, provided a PowerPoint presentation on a growth and development strategy plan called ISLE 2040 which identifies anticipated change in the County over the next 25-35 years; staff’s reasons why change is needed and the 4 associated fiscal impact of that change; and, how the County can become more viable. // Arthur E. Berkley, Director of Inspections, provided a PowerPoint presentation on a new Central Development Review and Permitting process designed to simplify the process for the development community. // The Board’s annual Strategic Planning Retreat was adjourned by Chairman Bailey at 2:10 p.m. _______________________ Rex W. Alphin, Chairman ___________________________ Carey Mills Storm, Clerk 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF OCTOBER IN THE YEAR TWO THOUSAND AND FOURTEEN AT 5:00 P.M. IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: Byron B. Bailey Rex W. Alphin Delores C. Darden Alan E. Casteen Rudolph Jefferson Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Carey Mills Storm, Clerk At 5:00 p.m., the Chairman called the meeting to order. CLOSED MEETING County Attorney Popovich requested a closed meeting pursuant to Section 2.2-3711(A)(1) of the Code of Virginia regarding the discussion regarding specific appointees to County boards/committees/authorities; under Section 2.2-3711(A)(7) regarding consultation with legal counsel employed by this public body regarding specific legal matters requiring the provision of legal advice by such counsel related to the Smithfield Town Council’s direction to the Town Planning Commission to examine potential annexation areas within the County; pursuant to Section 2.2-3711(A)(7) regarding consultation with legal counsel pertaining to probable litigation where such consultation in open meeting would adversely affect the litigating posture of the public body related to the Calvary Baptist Church’s refusal to pay its stormwater fee; pursuant to Section 2.2-3711(A)(5) concerning discussion concerning an existing business or in industry where no previous announcement has been made of the business or industry’s interest in expanding its facilities in the County; pursuant to Section 2.2-3711(A)(7) regarding consultation by the legal counsel employed by the public body regarding specific legal matters 2 requiring the provision of legal advice by such counsel related to the Isle of Wight Volunteer Rescue Squad’s project. Supervisor Alphin moved that the Board enter the closed meeting for the reasons stated. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Alphin moved that the Board return to open meeting. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Chairman Bailey moved that the following Resolution be adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bailey, Darden, Jefferson, Alphin and Casteen 3 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The Board took no action following the closed meeting. // Supervisor Darden delivered the invocation. // The Pledge of Allegiance to the Flag was conducted. // APPROVAL OF AGENDA Supervisor Alphin moved that the agenda be approved as presented. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. CONSENT AGENDA A. Resolution to Accept and Appropriate Division of Motor Vehicles (DMV) Highway Safety Project Grant Funds B. Resolution to Accept and Appropriate Funds from Isle of Wight Volunteer Rescue Squad for the Purchase of an Ambulance C. Resolution to Accept and Appropriate Funding from the Virginia Litter Prevention and Recycling Grant 4 D. Resolution to Accept and Appropriate Toughbook Mobil Data Terminals to the Isle of Wight Sheriff’s Office E. Resolution to Accept and Appropriate Grant Funding from the E-911 Services Board for Regional Online Training and PSAP CAD Projects F. Motion to Authorize Chairman to Execute Sanitary Sewer Order by Consent G. Motion to Authorize the County Administrator to Sign Fair Entertainment Contracts for FY2015-16 H. March 20, 2014 Regular Meeting Minutes I. April 3, 2014 Budget and Stormwater Management Fee Work Session Minutes J. April 17, 2014 Regular Meeting Minutes Supervisor Casteen moved that the Consent Agenda be approved as presented. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. REGIONAL REPORTS Supervisor Jefferson reported on topics of discussion at the most recent meeting of the Western Tidewater Regional Jail Authority members. Supervisor Casteen reported on topics of discussion at the most recent meeting of the Western Tidewater Water Authority. APPOINTMENTS Supervisor Casteen moved that Barbara Jacobs Asher be appointed to serve as the Smithfield representative on the Events Committee. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden 5 and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Alphin moved that Blake James be appointed to serve as the Isle of Wight representative on the Western Tidewater Community Services Board. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved that Mary Ellen Hammond be appointed to represent the Windsor District on the Commission on Aging. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Jefferson moved that Tammy Cross be appointed to serve as the Isle of Wight representative on the Western Tidewater Community Services Board. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Jefferson moved that Joseph Spratley, Jr. be appointed to serve as the Isle of Wight representative on the Senior Services of Southeastern Virginia. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATION/APPEARANCES County Attorney Popovich formally introduced Brock Maust, the County’s new Assistant County Attorney. Mark W. Furlo, Director of Parks and Recreation, reported on the 2014 Isle of Wight County Fair. 6 School Superintendent Perera briefed the Board regarding “before” and “after” school system capital projects and the County’s academic ranking in comparison to other region divisions. Susan Clizbe, Mega Projects Communications Management, provided an update on the Route 460 Project. Charles Meek, Assistant to the County Administrator, presented the FY2014- 15 County Profile & Statistical Digest. CITIZENS’ COMMENTS William Johnson of Windsor requested that VDOT be required by the County to provide, as soon as possible, a drawing of all five (5) proposed alternatives for the Route 460 project depicting all interchanges and lanes, intersections, bridges, stop lights, etc., and should this information not be available from VDOT, that the County provide such information via a PowerPoint presentation at a meeting at one (1) of the County’s school facilities and that this be accomplished prior to the public hearing on the matter on October 27, 2014. Michael Uzzle of Uzzle’s Church Road requested a response to his list of concerns he previously distributed to the Board. Sarah Hunter of Carrollton spoke in favor of the Carrollton Volunteer Fire Department maintaining its independence as a volunteer fire department in the County. She encouraged the Board to resolve the conflict between that Department and the County with respect to a Facilities Use Agreement. Herb DeGroft of Mill Swamp Road addressed the Board regarding County demographics with respect to school facilities. John Beasley of Battery Park Road requested that the Board meet with those County volunteer organizations which have not yet signed the Facilities Use Agreement and address their concerns. 7 Fred Mitchell, member of the Carrollton Volunteer Fire Department, voiced his concern that the media has become involved in the Facilities Use Agreement issue between the Carrollton Volunteer Fire Department and the County. He reminded the Board that he had requested the Board to review not charging Agency 806 EMS billing and he asked if it is ethical for the County to withhold funding from the Carrollton Volunteer Fire Department. John Smithwick of the Newport District spoke in opposition to a Facilities Use Agreement between the County and the Carrollton Volunteer Fire Department. Debbie Bales, United We Stand, spoke in opposition to any County volunteer organization having to sign a Facilities Use Agreement with the County. COUNTY ATTORNEY’S REPORT Responsive to a letter received from the Commonwealth Attorney dated September 23, 2014 indicating his intention to resign his position effective November 30, 2014 as a result of his appointment as a Circuit Court Judge, County Attorney Popovich recommended that the Board petition the Circuit for a determination that a special election is not necessary or required to fill the Commonwealth Attorney’s vacancy and that the position be filled during the general election set for next November. Chairman Bailey moved that the following Resolution be adopted: RESOLUTION TO PETITION THE ISLE OF WIGHT CIRCUIT COURT FOR DETERMINATION OF NEED FOR A SPECIAL ELECTION TO FILL AN UPCOMING CONSTITUTIONAL OFFICE VACANCY WHEREAS, on September 23, 2014, L. Wayne Farmer, the Commonwealth’s Attorney for Isle of Wight County, Virginia, submitted his written intention to resign his position as Commonwealth’s Attorney, effective November 30, 2014; and WHEREAS, Virginia Code § 24.2-228.1 states that “[t]he governing body of the county or city in which the vacancy occurs shall, within 15 days 8 of the occurrence of the vacancy, petition the circuit court to issue a writ of election to fill the vacancy…. Upon receipt of written notification by an officer or officer-elect of his resignation as of a stated date, the governing body may immediately petition the circuit court to issue a writ of election…”; and WHEREAS, pursuant to Virginia Code § 24.2-507, a special election cannot be held on November 3, 2014; and WHEREAS, the windows for a special election I which it would not be legally or logistically difficult or impossible to hold a special election are the Tuesdays (i) beginning December 23, 2014 and ending April 14, 2015 and (ii) beginning July 15, 2015 and ending September 8, 2015; and WHEREAS, even an early date from the above referenced dates would result in two elections for the same position within 11 months of each other at an expense to Isle of Wight taxpayers that is estimated by the General Registrar of Isle of Wight County to be between $15,000 and $18,000; and WHEREAS, the Board of Supervisors desires to petition the Circuit Court of the County of Isle of Wight for entry of an Order determining that no special election shall be held and that the interim Commonwealth’s Attorney appointed pursuant to Virginia Code § 24.2-228.1(B) shall serve for the remainder of the current term ending December 31, 2015 NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors, that the County Attorney is hereby authorized to petition the Circuit Court of Isle of Wight County, Virginia for the entry of an Order determining that no special election shall be held and that the interim Commonwealth’s Attorney appointed pursuant to Virginia Code § 24.2-228.1(B) serve for the remainder of the current term ending December 31, 2014. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. 9 County Attorney Popovich advised the Board that East West Partners has entered into a real estate purchase agreement with the current owners of the Benns Grant project and changes requested to the payment plan have been requested. Branch Lawson briefed the Board on the anticipated rate of return on the sale of the properties and the payment of proffers. Supervisor Darden moved that the Chairman and/or County Attorney be authorized to execute Any and All Documents to Effectuate Changes to the Payment Agreement and Applicable Deed of Trust for Financing Purposes Related to the Benns Grant Project, Upon Review and Approval of the County Attorney. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. COUNTY ADMINISTRATOR’S REPORT Following a break, Judy H. Winslow, Director of Tourism, presented the results of the 2014 Citizen Survey. Charles Meek, Assistant to the County Administrator, provided a recap of the Board’s Retreat held in September and Richard Rudnicki, Assistant Director of Planning and Zoning, provided a briefing on the County’s Growth Plan. Responsive to Supervisor Darden, Branch Lawson, East West Partners, recommended a market oriented approach with special taxing districts, beautification projects and improvements to the County’s major corridors. Supervisor Casteen moved that the Board support the proposed Growth Plan and direct that it 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. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. 10 Donald T. Robertson, Director of Information Resources and Legislative Affairs, presented a Resolution Establishing Isle of Wight County’s Legislative Priorities for the 2015 Session of the General Assembly for the Board’s consideration. Supervisor Darden moved that the following Resolution be adopted: RESOLUTION ESTABLISHING ISLE OF WIGHT COUNTY'S LEGISLATIVE PRIORITIES FOR THE 2015 SESSION OF THE GENERAL ASSEMBLY WHEREAS, the General Assembly considers numerous issues that affect local governments both directly and indirectly; and, WHEREAS, the County of Isle of Wight has specific interest in matters dealing generally with local governments, as well as with matters directly impacting the County of Isle of Wight; and, WHEREAS, such interest should be shared with Isle of Wight County's General Assembly Delegation so that it may know of the County's position on these important issues. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight endorses the attached legislative proposals for the 2015 General Assembly Session and directs that both this resolution and the legislative priorities be forwarded to Isle of Wight County's General Assembly Delegation and that staff work with and assist the Delegation as appropriate. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. The Board was briefed by County Administrator Seward relative to steps under way relative to SPSA Membership Use and Support Agreements; terms 11 for new membership agreements; and, the development of an RFP to solicit solid waste disposal options for the County. Frank Haltom, Director of General Services, briefed the Board regarding an impact to the Carrsville convenience center resulting from VDOT’s property acquisition in association with the replacement of the Carrsville Bridge. Supervisor Alphin moved that staff be authorized to negotiate with VDOT to provide for the necessary improvements to the Carrsville convenience center due to the bridge replacement project and to authorize the County Administrator to execute all necessary documents, agreements and contracts. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Mary Beth Johnson, Director of Human Resources, briefed the Board regarding a proposed amendments to Chapter 1: Personnel, Article IV, Section 4.8 Article V, Section 5.0 of the County Policy Manual. Supervisor Alphin moved that the following Resolution be adopted: RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE IV, SECTIONS 4.8 AND ARTICLE V, SECTIONS 5.0 AND 5.3 OF THE COUNTY POLICY MANUAL WHEREAS, the County has established guidelines for the definition of the types of employees, the maximum hours that may be worked by regular, part-time employees, the duration of temporary part-time employment, and the increment(s) in which leave may be charged for absences, as part of Chapter 1: Personnel, Article IV, Section 4.8 and Article V, Sections 5.0 and 5.3 of the County Policy Manual; and, WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel, Article IV, Section 4.8 and Article V, Sections 5.0 and 5.3 of the County Policy Manual to provide for the consistent administration of scheduling and monitoring of hours worked and leave accrual and usage across County departments. 12 NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article IV, Section 4.8 and Article V, Sections 5.0 and 5.3 of the County Policy Manual is hereby amended as follows: Chapter 1: Personnel ARTICLE IV Conditions of Employment (Revised November 6, 2000, April 7, 2005, December 15, 2005, February 2, 2006, October 16, 2006, March 1, 2007, June 14, 2007, October 16, 2014) Section 4.8 (Revised February 2, 2006, October 16, 2014) Types of Employees Regular Full-Time Employees Those employees who are hired for an indefinite period of time without a stated limitation as to length of service and who are employed to work forty (40) hours per week or its equivalency. Regular Part-Time Employees Those part-time employees who are hired for an indefinite period of time, in excess of one (1) year six (6) months, without a stated limitation as to length of service (other than continuation of program, position need and/or funding) and who are employed to work a regular schedule of thirty (30) twenty-nine (29) hours per week or less. Temporary Full-Time Employees Those employees who are hired for a stated length of service, season or project and who are employed to work forty (40) hours per week or its equivalency. 13 Temporary Part-Time Employees Those part-time employees who are hired for less than one year six (6) months with a stated length of service, season or project and who are employed to work thirty (30) thirty-nine 39 hours per week or less. Grant-Funded Employees Those employees who are hired for a stated length of service, season or project and who are employed to work the number of hours stated in the grant application. Grant-funded personnel are not eligible to participate in the County’s monetary fringe benefits unless specified and funded through the grant. ARTICLE V Leave Provisions (Revised September 1, 2005, December 15, 2005, February 2, 2006, April 5, 2007; October 2, 2008; January 8, 2009; June 19, 2014, October 16, 2014) Section 5.0 (Revised September 1, 2005, October 16, 2014) Annual Leave All regular full-time employees of Isle of Wight County shall accrue annual leave based on an eight (8) hour work day. All regular, part-time employees with regularly scheduled hours between twenty (20)-30 to twenty-nine (29) per week shall accrue annual leave at a rate of four (4) hours per month. Leave shall be charged to the nearest quarter-hour increment. Eligible employees separating from County employment shall be compensated for unused annual leave in the subsequent pay period after termination. Section 5.3 (Revised December 19, 2013; September 1, 2005; October 16, 2014) 14 Sick Leave Sick leave is defined as leave with pay granted for personal illness of the employee or an immediate family member and for medical and dental appointments of the employee or immediate family member. For purposes of this sick leave policy, the immediate family of an employee is defined as: natural parents, adoptive parents, foster parents, step-parents; spouse; natural, adopted or foster children; brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in- law, son-in-law, daughter-in-law; grandchildren and grandparents. A physician’s certification/statement may be requested to validate sick leave when there is a pattern of absenteeism, if there is an indication that the employee’s physical condition is adversely affecting performance, or for an absence of three (3) or more consecutive days. Leave usage will be charged in half quarter-hour increments. Accrual Rates Regular, full-time employees who are Plan 1 or Plan 2 Virginia Retirement System (VRS) members: Sick leave is accrued at a rate of eight (8) hours per month (four (4) hours per pay period worked). Employees must work more than half of the workdays per pay period in order to accrue sick leave for that pay period. Sick leave balances may be carried over from year to year and shall be unlimited. Regular, full-time employees who are Hybrid Virginia Retirement System (VRS) members: Six (6) days of sick leave is front-loaded on an employee’s first work day, subject to proration for service less than the full fiscal year. Employees may draw from their credited sick leave following the completion of one day’s service. On January 1st each year, employees in this category will accrue six (6) additional days of sick leave earning a total of twelve (12) days of sick leave each fiscal year. On June 30th each year, a payout of fifty percent (50%) of the sick leave balance will be granted as a wellness incentive. In the event of termination prior to the completion of the fiscal year, salary for any 15 leave which was taken in excess of days actually earned will be withheld from the final payroll check. Regular (non-temporary) part-time employees who work a schedule of 20 – 29 hours per week will accrue sick leave at a rate of four (4) hours per month. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Andres Clontz, Interim Director of Emergency Services, provided a PowerPoint presentation on the progression of the Fire & Rescue Facility Use Agreement which included general background information; the reasons for the Agreement; what the Agreement provides for; and, clarification of expressed concerns. Her report was concluded advising that to date, five of the seven volunteer fire and rescue organizations have signed the Agreement. County Administrator Seward requested the Board to designate a voting delegate and an alternate for the upcoming VACo Annual Business Meeting on November 11, 2015. Supervisor Casteen moved that Supervisor Darden be designated as the County’s voting delegate and Supervisor Jefferson as the Alternate at the VACo Annual Business Meeting. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Amy Ring, Interim Director of Economic Development, provided a PowerPoint presentation on the proposed Atlantic Coast natural gas pipeline project outlining its construction schedule and any potential impacts to the County. She advised staff recommends a realignment of the route in order to serve the Intermodal Park and the Norfolk South property and surrounding areas. Supervisor Jefferson moved that the County Administrator be authorized to sign a letter to Dominion Resources requesting a realignment of the proposed Atlantic Coast Pipeline route to serve the Shirley T. Holland Intermodal Park 16 and the Norfolk South property, as well as surrounding areas. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. The following informational items contained in the agenda were highlighted by County Administrator Seward: Tax Levies & Collections as of September 2014/Cash Position/Treasurer’s Accountability Statement; VDOT Route 460 Environmental Impact Statement Public Hearing; Tyler’s Beach Dredging Update; Town of Windsor Water Bill Update; Sheriff’s Monthly Activity Report; County Website Statistics; Charter Cable Rate Adjustment; Social Services Monthly Report; Letter from Chairman to Western Tidewater Regional Jail Superintendent Regarding Inmate Workforce Assistance; and, a Stormwater Management Fee Credit Manual and Application. OLD BUSINESS Chairman Bailey, in recognition of Breast Cancer Awareness Month, encouraged all to be tested and contribute to the American Cancer Society. Judy H. Winslow, Director of Tourism, addressed the Board regarding an inaccurate article which recently appeared in a local newspaper that the County has turned over the Farmer’s Market to the Town of Smithfield, the Director of Tourism briefed the Board relative to her discussions with the Town of Smithfield regarding placing funding for the Farmer’s Market under the Town’s budget as opposed to the County. She advised that the Smithfield Town Council has voted to do this in an effort to make it more administratively effective and more convenient for the Farmer’s Market Manager, however, the Board of Supervisors has not voted to do this. // At 9:30 p.m., the Chairman declared the meeting adjourned. ______________________ Rex W. Alphin, Chairman 17 ______________________ Carey Mills Storm, Clerk 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTIETH DAY OF NOVEMBER IN THE YEAR TWO THOUSAND AND FOURTEEN AT 5:00 P.M. IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: Byron B. Bailey Rex W. Alphin Delores C. Darden Alan E. Casteen Rudolph Jefferson Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Carey Mills Storm, Clerk At 5:00 p.m., the Chairman called the meeting to order. CLOSED MEETING County Attorney Popovich requested a closed meeting pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning the discussion of the appointment of specific appointees to County boards/committees/authorities; pursuant to Section 2.2-3711(A)(7) regarding consultation with legal counsel employed by the governing body regarding specific legal matters requiring the provision of legal advice by counsel related to the Smithfield Town Council’s direction to the Town Planning Commission to examine potential annexation area within the County; pursuant to Section 2.2-3711(A)(7) regarding consultation with legal counsel requiring the provision of legal advice related to the Lawnes Point sewer treatment plant discontinued operation by VA Timberline; pursuant to Section 2.2-3711(A)(7) regarding consultation with legal counsel requiring the provision of legal advice related to the Machinery and Tools tax; pursuant to Section 2.2-3711(A)(7) regarding consultation with legal counsel employed by the public body regarding specific legal matters requiring the provision of legal advice by counsel related to the Isle of Wight Volunteer Rescue Squad construction 2 project; and, pursuant to Section 2.2-3711(A)(1) concerning discussion regarding the performance of two specific appointees. Supervisor Alphin moved that the Board enter the closed meeting for the reasons stated. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved that the Board return to open meeting. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Jefferson moved that the following Resolution be adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bailey, Darden, Jefferson, Alphin and Casteen 3 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The Board took no action following the closed meeting. // At 6:00 p.m., Supervisor Jefferson delivered the invocation. // The Pledge of Allegiance to the Flag was conducted. // APPROVAL OF AGENDA County Attorney Popovich requested that Item (B) under the Public Hearing section be moved to the County Administrator’s section and a late item be added regarding an EMS staffing request for the Carrollton Volunteer Fire Department under the County Administrator’s report. Supervisor Alphin moved that the agenda be approved to include the noted amendments. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. // CONSENT AGENDA A. Resolution to Accept a Donated Boat from New Kent County for Sheriff's Office 4 B. Resolutions for Submission of VDOT Revenue Sharing Applications C. Resolution to Approve Submission of Transportation Alternatives Program (TAP) Funding Application to VDOT for Nike Park Trail Project ($2,480,000 Federal/$620,000 Local) D. Refer Request for a Change in Zoning Classification to Create Three (3) Lots for Single Family Residential (Seward) Back to the Planning Commission E. April 10, 2014 Special Meeting Minutes F. May 15, 2014 Regular Meeting Minutes G. June 19, 2014 Regular Meeting Minutes H. July 17, 2014 Regular Meeting Minutes I. August 21, 2014 Regular Meeting Minutes Supervisor Darden moved that the Consent Agenda be approved as presented. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. REGIONAL REPORTS Supervisor Alphin reported on funds owed to the Jail for former inmates in the amount of $2 million dollars. He advised that if legislation is adopted regarding telephone fees being charged over a certain amount, the Jail stands to lose $360,000. He advised that it costs approximately $10 million to operate the Jail, of which 10% is used for medical costs associated with the inmates. 5 As a Board member who serves on the Board’s Community Development Committee, Supervisor Alphin reported on efforts being undertaken within the Department of Economic Development. APPOINTMENTS Supervisor Jefferson moved that Ms. Toni Brown be appointed to serve on the Western Tidewater Community Services Board. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATION/APPEARANCES Krista Edoff, Cherry Bekaert, LLC, provided an overview of the County’s audit, noting no matters of noncompliance were identified. A slide presentation of animals currently available for adoption at the County’s animal shelter was provided by Donald T. Robertson, Director of Information Resources and Legislative Affairs. CITIZENS’ COMMENTS Michael Uzzle referenced a letter of concerns he provided the Board earlier in the year and noted that he would be requesting the status of same at one of the Board’s first meetings of the year. Fred Mitchell, on behalf of the Carrollton Volunteer Fire Department, distributed information he obtained from the County’s website pertaining to salaries and part-time staffing. He requested that the County’s volunteers be respected by the government that they serve. Jaime Rostatler of 19263 Oliver Drive cautioned the Board about the value of the Carrollton Volunteer Rescue Squad’s apparatus. PUBLIC HEARINGS 6 Amend and Reenact Chapter 2, Section 2-7, Disclosure of Personal Interests County Attorney Popovich advised that the amendments pertain to technical provisions in the County code relative to changes made during the General Assembly. Chairman Bailey called for persons to speak in favor of or in opposition to the proposed amendments. No one appeared and spoke. Chairman Bailey closed the public hearing and called for comments from the Board. Supervisor Alphin moved that the proposed revisions to Chapter 2, Section 2- 7, Disclosure of Personal Interests be adopted as presented: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 2. ADMINISTRATION. ARTICLE I. IN GENERAL. SECTION 2-7. DISCLOSURE OF PERSONAL INTERESTS. WHEREAS, the Virginia General Assembly has enacted certain changes to the Virginia Conflict of Interest Act; and WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, deems it necessary to update its current ordinance provisions to comply with said changes; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 2. Administration. Article 1. In General. Section 2-7. Disclosure of Personal Interests of the Isle of Wight County Code be amended and reenacted as follows: 7 CHAPTER 2. ADMINISTRATION. Sec. 2-7. Disclosure of personal interests. (a) The disclosure of personal interest by the members of the Board of Supervisors, Industrial Development Authority, Planning Commission, Board of Zoning Appeals, as well as the Treasurer, Sheriff, Commonwealth’s Attorney, Clerk of the Circuit Court, Commissioner of the Revenue and County Administrator, shall be made in accordance with the provisions of Sections 2.2-3115 and 2.2-3116 of the Code of Virginia (1950, as amended). (b) In addition to those persons specifically required to file disclosure statements pursuant to Section 2-7(a) above, the following nonsalaried citizen members, appointed to designated local boards, commissions or authorities, shall be required to file a disclosure of personal interest statement as individuals holding a position of trust in Isle of Wight County: (1) Members of the Board of Equilization; and (2) Members of the Board of Assessors. (c) The County Attorney shall file a disclosure of personal interest form in the same manner and form as set forth in Section 2-7(a) above. (d) Every person required to declare his or her personal interest pursuant to Section 2.2-3112(A)(2) and (3) of the Code of Virginia (1950, as amended), shall do so in accordance with the provisions of Section 2.2- 3115(H) and (I) of the Code of Virginia (1950, as amended). For state law as to authority of the County to require such disclosure, see Code of Va., §§ 2.2-3115 and 2.2-3116. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. 8 COUNTY ATTORNEY’S REPORT County Attorney Popovich requested that the Board provide him with suggested revisions to the Board’s Bylaws & Rules of Procedure by the Board’s next meeting. He advised that he has made an adjustment to the agenda making the FYI items as an item under the County Administrator’s report. County Attorney Popovich brought up the issue of tethering animals in the County and the running at large ordinance for discussion by the Board responsive to a request from Chairman Bailey. Chairman Bailey brought up for discussion his recommendation of establishing a law in the County that prevents animals from running at large and causing damage to other animals and children. He stated he would also like to discuss implementing a no tethering law from 10:00 p.m. until 6:00 a.m. and in temperatures above 90 degrees and below freezing. Following discussion, it was the Board’s consensus not to discuss this matter, noting that Animal Control staff does not have the ability to enforce such an ordinance; that there are existing laws in place to address animal cruelty; that it would be extremely difficult to enact a countywide ordinance that does not infringe on those animal owners who are treating their animals properly, and, that the surrounding areas do not have such a policy. County Attorney Popovich provided a PowerPoint presentation relative to his decision to place legal public notices solely in The Daily Press rather than in The Smithfield Times and The Tidewater News. He reviewed three options moving forward and recommended the hybrid approach which uses the Daily Press to meet legal requirements while providing public notices through The Tidewater News and The Smithfield Times. He further recommended that he draft up a policy concerning this matter for the Board’s consideration at its next meeting for formal inclusion in the County’s Policy Manual. Supervisor Alphin moved that the County Attorney be directed to develop a draft policy for inclusion in the County’s Policy Manual for the Board’s 9 consideration at its December 18, 2014 meeting and, in the meantime, the hybrid approach is to be followed until a more permanent policy is developed. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. COUNTY ADMINISTRATOR’S REPORT County Administrator Seward presented the Quarterly Financial Report for the month ending September 2014, noting that the budget will continue to be monitored for performance and updates provided to the Board. The Board requested that this information be placed in the FYI section for the Board’s next meeting and that the Attorney provide Chairman Bailey with a copy of the Norfolk water agreement. County Administrator Seward presented a request from the Windsor Town Mayor for the first of four installment payments to renovate the Old Windsor Middle School Gymnasium in the amount of $25,000. Chairman Bailey moved that the Board authorize an expenditure of $25,000 to be taken from the County’s FY2014-15 General Fund Budget, Contingency line item. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Following a briefing from Mary Beth Johnson, Director of Human Resources, with regard to proposed revisions concerning worker’s compensation, A Resolution to Amend Chapter 1: Personnel, Articles VI, Section 6.6 and Chapter 1: Personnel, Article IV, Section 4.14 and Article IX the County Policy Manual Concerning Worker's Compensation and Separations was recommended for approval. Supervisor Alphin moved that the following Resolution be adopted: 10 RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE VI, SECTIONS 6.6 AND CHAPTER 1: PERSONNEL, ARTICLE IV, SECTION 4.14 AND ARTICLE IX OF THE COUNTY POLICY MANUAL WHEREAS, the County has established the benefits provided to employees under the Workers’ Compensation Act, defined the employees who are covered under the Act, and outlined the requirements and process for reporting a work related injury, the maintenance of other benefits when an employee is receiving a workers’ compensation lost-wage benefit and the return to work requirements, under Chapter 1: Personnel, Article VI, Section 6.6 and Article V of the County Policy Manual; and, WHEREAS, the County has established guidelines for the separation of employees from the classified service, under Chapter 1: Personnel, Article IV, Section 4.14 and Article IX of the County Policy Manual; and, WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel, Article VI, Section 6.6 of the County Policy Manual to afford for enhanced employee guidance in reporting injuries and access of workers’ compensation benefits thereby assisting the County in meeting injury reporting requirements; and, WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel, Article IV, Section 4.14 and Article IX of the County Policy Manual to clarify the guidelines for separation of employees from the classified service. NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article VI, Section 6.6 and Chapter 1: Personnel, Article IV, Section 4.14 and Article IX of the County Policy Manual is hereby amended as follows: Chapter 1: Personnel ARTICLE IX Conditions of Employment 11 Section 4.14 Resignation A resignation shall be defined as a voluntary separation, initiated by the employee, from employment with the County through written notification to his/her supervisor or department director. The notification shall include the reason for the resignation, the date and hour the resignation is to become effective and shall be signed by the employee. A copy of the notification shall be forwarded to the County Administrator's office for inclusion in the official personnel file. To resign in good standing, all regular full-time and regular part-time employees, with the exception of department directors, shall give at least fourteen (14) calendar days notice prior to the effective date of resignation, except where specific circumstances prohibit such advance notification. Thirty (30) calendar days notice is requested for department directors. ARTICLE VI Benefits (Revised January 17, 2002, September 1, 2005, December 15, 2005, October 16, 2006, October 4, 2007, November 15, 2007, July 1, 2008, December 4, 2008, November 20, 2014) Section 6.6 Worker's Compensation (Revised January 17, 2002; October 16, 2006, November 20, 2014) In compliance with the Virginia Worker’s Compensation Act, the County is committed to ensuring that all full-time and part-time employees incurring a work related injury or disease would receive worker’s compensation benefits. At no cost to employees, the County provides Worker’s Compensation insurance that covers any injury or illness which results from an injury incurred during the course of employment. The County provides all of the 12 benefits provisions identified by the Virginia Worker’s Compensation Act. , including payment of covered medical expenses and lost wages. If an injured employee requires medical attention, he/she shall be referred to the County’s list of authorized physicians from which the employee may receive treatment. If an employee elects to use a physician who is not on the authorized list, the treatment will be incurred at the employee’s expense. To ensure receipt of the maximum benefits pertaining to payment of medical expenses and worker’s compensation payments, an employee must accept medical treatment and keep appointments with the authorized physician. All regular full-time and part-time employees are eligible for worker’s compensation to the extent required by the Virginia Workers Compensation Act of the Code of Virginia in the event an employee sustains an occupational injury or disease as a result of, or in the course of, work performed for Isle of Wight County. An employee who sustains an occupational injury or disease shall be paid at the rate specified by the Worker’s Compensation Act. Employees shall report all injuries immediately to their supervisor. Supervisors or their appointed designee shall complete the First Report of Accident Report to be submitted to the Department of Human Resources within 24 hours. The Supervisor or their designee shall provide the injured employee with the State required forms issued by the County’s Insurance Carrier in accordance with the regulations specified by the Virginia Workers Compensation Act. Work-Related Injury, Illness and Substance Exposure Reporting Immediately following every work related injury, illness or substance exposure the affected employee is required to notify his/her supervisor in person or by phone as soon as possible. Prompt reporting ensures timely processing of a worker’s compensation claim. Failure to do so will impede processing of the claim and can lead to denial of the claim. Upon notification of an injury, illness or substance exposure incident the supervisor is required to notify the Risk Management Coordinator, in person 13 or by phone. Notification should be made as soon as possible after the occurrence, but no later than 24 hours after the injury. In cases where an injury results in any of the following; an employee being admitted to the hospital, an amputation, or a fatality, notification must be made immediately so that the Risk Management Coordinator can make the mandated notification to Occupational Safety and Health Administration (OSHA) within the required 8 hour timeframe. If applicable, upon completion of the initial visit to the doctor the employee is required to report back to his/her supervisor and the Risk Management Coordinator, in person or by phone, to provide an update of his/her condition and return to work instructions. The employee is further required to provide an update of his/her condition after each subsequent visit to the doctor. First Reporting Procedure After notification of an injury, the supervisor will instruct the injured employee to initiate the workers’ compensation reporting process by following the procedure outlined in the First Report of Injury, Illness or Substance Exposure - Standard Operating Procedure located on Central at HR/Workers Compensation/Forms/First Report of Injury. Reporting must take place before medical treatment is sought, unless there is a medical emergency. In this case, the supervisor will make the First Report of Injury. Panel Doctors and Medical Treatment In accordance with the Virginia Workers’ Compensation Act, the County has established a panel of physicians to furnish medical care for all workers’ compensation claims. The employee must select a primary care physician from the panel for his/her medical bills to be covered under workers’ compensation. The employee will be presented with the panel doctors during the First Report of Injury process. If an employee elects to use a physician who is not on the authorized list, the treatment will be incurred at the employee’s expense. To ensure receipt of maximum benefits pertaining to payment of medical expenses and workers’ compensation payments, an employee must accept medical treatment and keep appointments with the authorized physician. Emergency Situations 14 In an emergency situation, the primary objective is to obtain immediate medical care for the injured employee. In this situation the following guidelines should be followed. 1. Obtain Emergency Care – Obtain emergency care as dictated by the situation. 2. First Reporting – The supervisor will initiate the injury reporting process by following the procedure outlined in the First Report of Injury, Illness or Substance Exposure - Standard Operating Procedure located on Central at HR/Workers Compensation/Forms/ First Report of Injury and will report the injury to the Risk Management Coordinator. 3. Panel Doctor – The employee is required to select a panel doctor as soon as they can after receiving emergency medical treatment. The panel doctor will perform follow-up care, and will serve as the coordinator for specialist care. Workers’ Compensation Claims Processing The County’s insurance carrier will use the First Report of Injury to make a determination, including investigation if needed, to establish whether the claim meets the requirements of compensability as defined by the Virginia Workers’ Compensation Act. If a claim is denied, the employee may seek an appeal through the Workers’ Compensation Commission. Medical Bills The Virginia Workers’ Compensation Act provides for the payment of reasonable and customary medical services associated with treatment for a workers’ compensation claim. This includes physician and hospital services as well as prescription drugs. Medical bills should be sent from the provider to the County’s insurance carrier. If the injured employee receives medical bills for an approved workers’ compensation claim, the bills should be forwarded to the County’s insurance carrier. Contact the Risk Management Coordinator for insurance carrier contact information and assistance. Lost Wage Payments 15 The Workers’ Compensation Act provides lost wage payments when an employee is unable to work due to a compensable injury, in the amount of 66.66 percent of the injured employee’s average weekly wage (AWW). The AWW is determined by calculating the weekly average of the employee’s gross wage for 52 weeks prior to the date of injury. Compensation for an approved compensable injury shall begin when the injured employee is out of work for more than seven (7) calendar days, commonly referred to as the “waiting period”, as provided by the Virginia Workers Compensation Act. An injured employee can elect to use either accumulated sick and/or annual leave for County business days occurring during the waiting period. After the required “waiting period”, the injured employee shall not receive compensation from the County; however, the employee shall receive compensation directly from the County’s Worker Compensation insurance carrier in accordance with the Worker’s Compensation Act. Only in cases where the injured employee’s compensable injury extends their absence beyond twenty-one (21) calendar days, the County’s workers compensation insurance carrier shall forward compensation to the injured employee as compensation for missed work during the aforementioned “waiting period”. The employee has the option to retain said compensation for the “waiting period” and forfeit the sick and/or annual leave used or forward the compensation check to the County for reinstatement of leave taken during the waiting period. Employees receiving worker’s compensation benefits shall not accrue sick or vacation leave during their absence if workers compensation benefits are provided to an employee for more than half of the month. The County will continue to provide Group Life Insurance Benefits as well as the County’s portion of the health insurance premium during the time of approved workers compensation leave from work. The employee shall be responsible for the employee portion of the health insurance premium and any other employee paid benefit. If an employee is unable to pay for any employee portion of an elected benefit, the benefit shall be terminated and reinstated upon the injured employee’s return to work or eligibility period of the program, whichever is applicable to the benefit. Should an injured employee not return to full time 16 or modified duty within a six month period from the date of injury, the County reserves the right to review and determine the employee’s eligibility for County paid benefits. If the injured employee was injured while under the influence of alcohol or another controlled substance, coverage by worker’s compensation insurance may be denied. Temporary modified duty shall be provided when possible to all injured employees. Alternate Duty The County supports alternate duty assignments for employees who are recovering from injuries. Alternate duty offers employees a chance to return to work at a capacity and duration approved by the panel doctor. The employee will be considered for productive assignments within his/her current department or another department if an assignment is not available in his/her department. Employees are encouraged to return to work in an alternate duty capacity whenever possible. Employees will receive their normal pay while in an alternate duty assignment provided they work full time. Employees who are restricted to limited hours will receive workers’ compensation lost wage payments for the hours they miss due to injury. Failure to report to an available alternate duty assignment will result in discontinuation of lost wage benefits and the employee will be considered to be on unapproved leave. Alternate duty assignments will not exceed six months. After six months from the date of injury, the panel physician should be able to indicate whether the employee is able to return to the full duties of his/her position or if work limitations will be permanent. In the event the employee is still being treated for the injury, and a final prognosis cannot be made, the alternative duty assignment may be extended if approved by the Department Director and the County Administrator and if it does not impede operations. In the event of a permanent limitation, job 17 accommodations and position transfer will be explored as options for the employee. Leave Records Employees are required to complete their leave record reflecting time missing from work due to injury and time at work while under work restrictions. The following codes are used to reflect these hours: W Workers’ Compensation - Hours missed from work due to work-related injury. This also includes time for doctor appointments. Treatment and time missed must be for an approved workers’ compensation claim. If a claim is denied, any “W” code used must be changed to an “S” code for sick leave. AD Alternate Duty – Hours the employee works in alternate duty or with restrictions prohibiting the employee from performing his/her normal job/or restrictions on the number of hours per day an employee may work. S Sick Leave – Hours missed in accordance with the County sick leave policy. Additionally, hours missed for a work-related injury during the “waiting period” can be designated as sick leave. ARTICLE IX Separations (Revised November 15, 2007, November 20, 2014) Section 9.0 (Revised November 15, 2007) Types of Separation Separation of employees from positions in the classified service shall be designated as one of the following and shall be accomplished in the manner indicated: resignation, layoff, disability, death, retirement and dismissal. 18 Section 9.1 (Revised November 15, 2007, November 20, 2014) County Equipment At the time of separation and prior to final payment, all records, assets and other items of County property in the employee's custody shall be transferred to his/her department head and certification to this effect shall be signed by the employee. Section 9.2 (Revised November 15, 2007, November 20, 2014) Resignation To resign in good standing, an all employees, with the exception of department directors, shall give notice in writing to his/her department head at least fourteen (14) calendar days prior to the effective date of the resignation. Failure to comply with this rule shall be entered on the service record of the employee will result in the employee being ineligible for rehire, except in extenuating circumstances at the approval of the Director of Human Resources. Thirty (30) calendar days notice is requested for department directors resigning from employment. All department directors shall transmit all resignations to the Department of Human Resources within 24 hours of receipt. An employee who fails to report to work for three (3) consecutive work days without authorized leave shall be separated from the payroll. This action shall be reported as a voluntary resignation. Section 9.3 (Revised November 20, 2014) Compulsory Voluntary Resignation An employee, who without valid reason just cause, fails to report to work for three (3) consecutive work days without authorized leave shall be separated from the payroll. This action shall be reported as a compulsory voluntary resignation. 19 Section 9.4 (Revised November 20, 2014) Reduction in Force Any involuntary separation other than due to delinquency, misconduct, or inefficiency, or disciplinary action shall be considered a layoff. When feasible, A an employee shall be laid off on the basis of the following three (3) equally weighted factors: a. length of service in class; b. length of service with the County; and c. the employee's performance evaluations. When a department director believes an individual is essential to the effective operation of the department because he/she possesses special skills or abilities and he/she wishes to retain that person in preference to a person with a higher rating he/she shall submit a written request to the County Administrator. The request shall detail the specific skills and abilities possessed by the individual and the reasons why the person is essential to the effective operation of the department. The individual may be retained with the approval of the County Administrator. If a regular full-time employee is scheduled to be laid off, he/she shall be allowed to compete for a vacant position(s) elsewhere in the County. He/she shall submit an application for employment for any vacancy(ies) he/she is interested in and is required to submit to all selection-related activities related to the selection process of the vacancy(ies). offered a demotion to a lower class if a vacancy exists or if he/she is senior to the other employees, provided he/she is qualified or able to be trained to fill positions in the lower class involved. Regular full-time employees to be laid off shall be notified in writing by the County Administrator's office at least fourteen (14) calendar days prior to the effective date of the layoff. 20 The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. County Administrator Seward outlined a proposed amendment to the FY2014-2015 Position Classification and Compensation Plan to add a Comptroller and Purchasing Agent position and eliminate the Purchasing Coordinator in the Plan and recommended approval of a Resolution to Amend the FY2014-2015 Position Classification and Compensation Plan. Supervisor Casteen moved that the following Resolution be adopted: RESOLUTION TO AMEND THE FY 2014–2015 POSITION CLASSIFICATION AND COMPENSATION PLAN WHEREAS, the Board of Supervisors has approved the FY 2014-2015 Position Classification and Compensation Plan; and, WHEREAS, in accordance with County Policy (Chapter 1: Personnel, Article II, Position Classification Plan and Article III, Compensation Plan), the Position Classification and Compensation Plan containing the Salary Schedule and Schematic List of Classes assigned to Salary Grades is recommended for amendment to incorporate two (2) new class titles of Comptroller and Purchasing Agent into the FY 2014-2015 Position Classification and Compensation Plan and the abolishment of the class title of Procurement Coordinator; and, WHEREAS, the amendments to the FY 2014-2015 Position Classification and Compensation Plan will not result in a net increase of Full Time Equivalent positions (FTEs); and, WHEREAS, the amendments to the FY 2014-2015 Position Classification and Compensation Plan have been recommended to the Board of Supervisors for approval and adoption. 21 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the amended FY 2014-2015 Position Classification and Compensation Plan is hereby adopted and shall remain in effect until amended by the Board. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen requested a copy of the job descriptions for the new positions created in the Plan. County Administrator Seward notified the Board of her intention to not fill the Chief Financial Officer position, but move that position over the Community Development departments and title as Assistant County Administrator of Community Development. Donald T. Robertson, Director of Information Resources and Legislative Affairs, provided a PowerPoint presentation on the Section 8 Housing Program and advised that without a significant increase in local funding, the program will not be sustainable County’s program to another agency, effective July of 2015. He recommended the Board adopt a Resolution to Authorize Transfer of the Section 8 Housing Voucher Program. Supervisor Alphin moved that the following Resolution be adopted: RESOLUTION TO AUTHORIZE TRANSFER OF THE SECTION 8 HOUSING VOUCHER PROGRAM WHEREAS, the Board of Supervisors desires to transfer the management of the County’s Section 8 Housing Voucher Program (“the Program”) to another agency, effective July 1, 2015; and, WHEREAS, the Virginia Housing Development Authority (VHDA) has determined that, pending approval by the U. S. Department of Housing and Urban Development, management of the Program will be transferred to the Suffolk Redevelopment and Housing Authority (197 vouchers primarily 22 in the Carrollton and Smithfield areas) and the Franklin Redevelopment and Housing Authority (47 vouchers primarily in the Camptown, Carrsville, Windsor, and Zuni areas). NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that management of the Program be transferred to VHDA for the purpose of serving the clients of Isle of Wight County by providing such eligible clients with Housing Choice Vouchers. BE IT FURTHER RESOLVED that the County Administrator is hereby authorized to execute and deliver such agreements, documents, certificates, and correspondence and to take such other action as shall be necessary or appropriate to effect such transfer. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion Added under the approval of the agenda, County Administrator Seward represented an EMS staffing request from the Carrollton Volunteer Fire Department for 24/7 ALS coverage. Responsive to a request by Supervisor Darden regarding the concerns expressed by the Medical Director, Andrea Clontz, Interim Director of Emergency Services, EMS services are sanctioned under the Tidewater Emergency Services Board, but not all the providers for the CVFD are sanctioned under the TEMS Board; he is concerned whether there are sufficient providers to cover the needed services; and, scheduling is being requested so that we can identify when there is a gap in the ALS coverage so that we can be prepared backfill from another agency. County Administrator Seward advised that staff would return to the Board in December to discuss a long term solution. Chairman Bailey moved that the County Administrator be authorized to develop an EMS staffing solution for the Carrollton Volunteer Fire Department. The motion was adopted by a vote of (5-0) with Supervisors 23 Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Richard Rudnicki, Principal Planner, presented a waiver request of Quible & Associates, P.C. on behalf of WEDG Holdings, LLC, for Dunkin Donuts. Chairman Bailey moved that the waiver request be approved. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. County Administrator Seward drew the Board’s attention to the following informational items included in the agenda: Treasurer Delinquent Accounts and Cash Flow Report; Fire and Rescue Activity Report; Sheriff's Monthly Activity Report; Website Statistics; Isle 2040 Action Plan; Holiday Luncheon; General Services Project Savings Update; Economic Development Update - Local Businesses Receive Enterprise Zone Grants; CIP Calendar; GFOA Distinguished Budget Presentation Award; Life Safety Awards; Isle of Wight Volunteer Rescue Squad Construction Update; and, information regarding staff’s meetings with Legislators. UNFINISHED/OLD BUSINESS There was no old business offered for discussion. NEW BUSINESS Supervisor Casteen moved that staff be authorized to proceed with the preliminary design of the necessary waterlines to the Gatling Point Subdivision. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden requested a staff report at the Board’s December 18, 2014 meeting on Queen Anne’s Court transportation accidents and the status of the drainage ditches on Central Hill Road. 24 Supervisor Darden corrected a false statement made this evening that the Carrollton and Windsor Volunteer Fire Departments are unfunded, as they are funded, just in a different manner. // At 8:00 p.m., the Chairman declared the meeting adjourned. ______________________ 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 DECEMBER IN THE YEAR TWO THOUSAND AND FOURTEEN AT 5:00 P.M. IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: Byron B. Bailey Rex W. Alphin Delores C. Darden Alan E. Casteen Rudolph Jefferson Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Carey Mills Storm, Clerk At 5:00 p.m., Chairman Bailey 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 regarding the discussion or appointment of specific appointees to County boards/committees/authorities; pursuant to Section 2.2-3711(A)(7) regarding legal counsel employed by the public body regarding specific legal matters requiring the provision of legal advice provided by such counsel related to the County’s legal strategy for proposed annexation by the Town of Smithfield; pursuant to Section 2.2- 3711(A)(3) regarding the acquisition of real property in the Windsor Election District where discussion in open meeting would adversely affect the bargaining position of the public body; pursuant to Section 2.2-3711(A)(7) concerning consultation regarding probable litigation related to Machinery and Tool taxes; pursuant to Section 2.2-3711(A)(7) concerning consultation with legal counsel requiring the provision of legal advice related to the Smithfield/Isle of Wight County water agreement; and, pursuant to Section 2.2-3711(A)(5) concerning the expansion of an existing business where no previous announcement has been made by the business to expand its facilities in the County. 2 Supervisor Alphin moved that the Board enter the closed meeting for the reasons stated. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Chairman Bailey moved that the Board return to open meeting. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Alphin moved that the following Resolution be adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bailey, Darden, Jefferson, Alphin and Casteen NAYS: 0 3 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The Board took no action following the closed meeting. // At 6:00 p.m., Supervisor Casteen delivered the invocation. // The Pledge of Allegiance to the Flag was conducted. // APPROVAL OF AGENDA Supervisor Alphin moved that the agenda be approved as presented. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. CONSENT AGENDA A. Resolution to Appropriate Contra Revenue to Return State Aid to the Commonwealth of Virginia B. Resolution to Accept and Appropriate Funds for the Nike Park Skate Park C. Motion to Approve the Isle of Wight County Fair Executive Board D. Motion to Authorize Execution of the Vehicle Lease Agreement with the Smithfield Volunteer Fire Department, as well as any further 4 vehicle lease agreements with other respective volunteer fire or rescue departments as the need may arise Supervisor Darden moved that the Consent Agenda be approved as presented. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. APPOINTMENTS Supervisor Casteen moved that Deb Frank be appointed to serve on the Commission on Aging representing the Smithfield District. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATION/APPEARANCES Adoption of animals at the County’s animal shelter was promoted by Donald T. Robertson, Director of Information Resources and Legislative Affairs. CITIZENS’ COMMENTS Barry Cole, on behalf of the Western Tidewater Free Clinic, reported on that organization’s use of County funds. Jane March of Zuni addressed the issue of publication of County legal notices in the Daily Press and Virginian Pilot. Paul Robbins of Carrollton, Past President of the Carrollton Volunteer Fire Department, addressed the lack of a termination clause in the Norfolk water agreement and expressed opposition to the proposed Isle2040 Plan. He further addressed missed calls within the Carrollton Volunteer Fire Department. Herb DeGroft, School Board member, recommended a one-page survey soliciting comments from Newport District residents on the proposed ISLE 5 2040 Plan. He further recommended that the County’s Pay and Classification Plan be done by staff and he offered his assistance. Fred Mitchell of Sugar Hill Road spoke about statements which he believes are not valid on the County’s website with respect to the Carrollton Volunteer Fire Department and its unsigned Facilities Use Agreement. Debbie Bales, on behalf of United We Stand/Isle of Wight, spoke regarding the Carrollton Volunteer Fire Department and its unsigned Facilities Use Agreement with the County. Stephanie Gibbs of Smithfield spoke regarding the contributions provided by the County’s volunteer fire departments. PUBLIC HEARINGS A. Amendment of Various Sections (Articles III, IV, V, VI, VII, VIII) of the Zoning Ordinance Richard Rudnicki, Assistant Director of Planning and Zoning, presented the amendments under consideration to the Zoning Ordinance. Chairman Bailey called for persons to speak in favor of or in opposition to the proposed amendments. No one appeared and spoke. Chairman Bailey closed the public hearing and called for comments from the Board. Supervisor Alphin moved that the following amendments to the Zoning Ordinance be adopted: An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting the Following Articles of Appendix B, Zoning: Article III, Use Types; Article IV, Zoning Districts and Boundaries; Article V, Supplementary Use Regulations; Article VI, Overlay Districts; Article 6 VII, General Design Guidelines for Development Projects; Article VIII, Landscaping and Screening Standards; in order to make legislative updates from the state, and to clarify and make revisions to certain language contained in the ordinance. WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and WHEREAS, the Isle of Wight County Board of Supervisors is also concerned about the compatibility of uses on public and private lands within Isle of Wight County and seeks to allow flexibility in the administration of the ordinance regulations while protecting the health, safety, and general welfare of present and future residents and businesses of the County. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article III, Use Types, Section 3-3000, Residential use types, and Section 3-6000, Commercial use types; Article IV, Zoning Districts and Boundaries, Section 4-11005, Limited Industrial Bulk regulations; Article V, Supplementary Use Regulations, Section 5-5003, Supplementary use regulations for civic use types; Article VI, Overlay Districts, Section 6-2009, Development standards, and Article VIII, Landscaping and screening standards, Section 8-1003, Landscaping and screening requirements and design guidelines, Section 8-1005, Landscaping zones of the Isle of Wight County Code be amended and reenacted as follows: Sec. 3-3000. Residential use types. Accessory apartment.\ An accessory dwelling unit on the same lot as a single- family detached dwelling or a commercial use that is clearly incidental and subordinate to the main use or a separate, complete housekeeping unit that is substantially contained within the structure of, and clearly secondary to, a single-family dwelling. Apartment house.\ See "multifamily dwelling." Boathouse.\ An accessory structure which is constructed either wholly or partially over a body of water, which is designed primarily to provide shelter 7 for water craft or for marine related equipment, for the personal enjoyment of the occupants of the property. Community recreation.\ A recreational facility for use solely by the residents and guests of a particular residential development, planned unit development, or residential neighborhood, including indoor and outdoor facilities. These facilities are proposed or planned in association with development and are usually located within or adjacent to such development. Such uses may include clubhouses, swimming pools, workout facilities, and tennis courts. Condominium.\ A building or group of buildings containing three (3) or more residential units in which the units are owned individually and the structure, common areas and facilities are owned by all of the owners on a proportional, undivided basis and which has been created by the recordation of condominium instruments pursuant to the provision of Chapter 4.2 of Title 55 of the Code of Virginia. Dwelling, multifamily conversion.\ A multifamily dwelling containing not more than four (4) dwelling units and results from the conversion of a single building containing at least two thousand (2,000) square feet of floor area that was in existence on the effective date of this ordinance and that was originally designed, constructed and occupied as a single-family residence. Dwelling, single-family.\ A one-family dwelling unit which is surrounded on all sides by yards or other open space located on the same lot and which is not attached to any other dwelling by any means. Dwelling, single-family, farm.\ A one-family dwelling unit which is surrounded on all sides by yards or other open space located on the same lot and which is not attached to any other dwelling by any means, and is located on a lot or parcel containing at least ten (10) acres. Dwelling, two-family.\ A structure arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units on the same lot. This use also includes duplexes. Family day care home.\ A child day care program offered in the residence of the provider or in the residence of any of the children being cared for and serving six (6) through twelve (12) children under the age of thirteen (13), exclusive of the provider's own children and any children who reside in the home, when at least one (1) child receives care for compensation. Caring for five (5) or less children shall be considered babysitting as a home occupation. Group home.\ A residential facility, as defined in Section 15.2-2291 of the Code of Virginia, in which no more than eight (8) mentally ill, mentally 8 retarded, or developmentally disabled persons reside, with one (1) or more resident or non-resident staff persons which will be considered as residential occupancy by a single family. Mental illness and developmental disability shall not include current illegal use or addiction to a controlled substance as defined in Section 54.1-3401 of the Code of Virginia. Any use not meeting the definition of "group home" as herein stated, shall require a special use permit pursuant to section 1-1018 of this ordinance. Guest house.\ Dwelling or lodging units for a temporary nonpaying guest or guests in a separate accessory building. Home occupation, Type I.\ An accessory use of a residence for gainful employment involving the provision of goods and/or services in accordance with subsection 5-5002.J, and which affords the greatest degree of protection to surrounding residents in those areas which are developing and becoming more suburban in nature. Home occupation, Type II.\ An accessory use to a residence for gainful employment involving the provision of goods and/or services in accordance with subsection 5-5002.J, and which are associated with the more traditional agricultural and forestry related activities found in the rural areas. Kennel, private.\ The keeping, breeding, raising, showing or training of dogs for personal enjoyment of the occupants of the property, and for which commercial gain is not the primary objective. Manufactured home, Class A.\ A manufactured home, commonly referred to as a "doublewide," constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect as the time of construction. Manufactured home, Class B.\ A manufactured home, commonly referred to as a "singlewide," constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction. Manufactured home, Class C.\ Any manufactured home, usually consisting of a "singlewide" but also includes "doublewide", constructed before July 1, 1976. Manufactured home, family member residence.\ A manufactured home, Class B located on a lot or parcel with an existing single-family dwelling. The inhabitant of the manufactured home is a family member of the owner of the existing single-family dwelling. 9 Manufactured home, temporary residence.\ A manufactured home, Class B (single-wide) used temporarily during the construction, repair or renovation of a permanent residential structure on a single lot or parcel. Manufactured home park.\ A residential use in which more than one (1) manufactured home is located on a single lot or tract of land. Manufactured home subdivision.\ A subdivision especially designed and improved to accommodate manufactured homes and in which lots are sold for occupancy by manufactured homes. Multifamily dwelling.\ A building or portion thereof, which contains three (3) or more dwelling units for permanent occupancy, regardless of the method of ownership. Included in the use type would be garden apartments, low and high-rise apartments, and apartments for elderly housing. Temporary emergency housing.\ A manufactured home, Class B or recreational vehicle used temporarily for a period of reconstruction or replacement of an uninhabitable dwelling lost or destroyed by fire, acts of nature or used temporarily as housing relief to victims of declared disaster. Townhouse.\ A grouping of two (2) or more attached single-family dwellings in a row in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more common fire-resistant walls. (7-7-05; 7-17-14.) Sec. 3-6000. Commercial use types. Adult entertainment establishment.\ An establishment having a substantial or significant portion of its stock in trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or related to "specified sexual activities" or "specified anatomical areas," or an establishment with a segment or section devoted to the sale or display of such material. This use includes any adult bookstore, adult mini-motion-picture theater, adult picture theater, cabaret, massage parlor, drug paraphernalia store, or tattoo parlor. Agricultural service.\ An establishment primarily engaged in providing services specifically to the agricultural community which is not directly associated with a farm operation. Included in this use type would be servicing of agricultural equipment, independent equipment operators, and other related agricultural services. Antique shop.\ A place offering primarily antiques for sale. An antique for the purposes of this ordinance shall be a work of art, piece of furniture, 10 decorative object, or the like, of or belonging to the past, at least thirty (30) years old. Auction establishment.\ A structure or enclosure where goods and/or livestock are sold by auction on a recurring basis. Expressly excluded from this use are non-recurring auctions of property, possessions, estates, and other items located at the premises where the auction is being conducted. Bed and breakfast.\ A dwelling or portion thereof, in which lodging is provided by the owner or operator who resides on the premises. This use offers short-term lodging rooms and meals for transient guests, none of who remain for more than fourteen (14) consecutive nights each. This definition shall include the term tourist home. Boarding house.\ A single-family dwelling unit, or part thereof, with three (3) or more rooms that are rented individually or collectively by long-term residents (at least month-to-month tenants) as opposed to overnight or weekly guests. A boarding house may make provisions for serving meals. Boat repair yard.\ See "marina" listed under commercial use types. Boating and fishing facilities.\ Facilities catering to the general public, whether an admission is charged or not, where provisions are made for fishing from the shoreline or from a pier and/or launching or rental of boats are available on-site. Business support service.\ Establishment or place of business engaged in the sale, rental or repair of office equipment, supplies and materials, or the provision of services used by office, professional and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, mail and packaging stores, as well as temporary labor services. Business or trade school.\ A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as an educational facility, either primary and secondary, or college and university, or as a home occupation. Campground.\ Any site, lot, parcel or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and recreational equipment, recreational vehicles, and which is primarily used for recreational purposes and retains an open air or natural character. Campground, workforce – A small campground facility intended for the temporary workforce routinely required by establishments in the community 11 for periods of up to one hundred and twenty (120) days at a time, and are intended to have only the minimum essential services necessary for recreational vehicles. Car wash.\ Washing and cleaning of vehicles. Typical uses include automatic conveyor machines and self-service car washes. Commercial equipment repair, accessory to dwelling.\ The repair and/or maintenance of mechanical, electrical, or electronic devices and equipment, such as, computers, televisions, lawnmowers, household appliances, machine parts, and other similar devices. Commercial indoor amusement.\ Establishments which provide games of chance, skill or scoring as other than an incidental use of the premises. Games would include pinball and video machines, pool and billiard tables and other similar amusement or entertainment devices, whether or not they are coin-operated, and also card games, bingo, and off-track betting. Typical uses include game rooms, pool halls, video arcades, and bingo parlors. Commercial indoor entertainment.\ Predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, drama theaters, concert or music halls. Commercial indoor sports and recreation.\ Predominantly participant uses conducted within an enclosed building. Typical uses include bowling alleys, ice and roller skating rinks, indoor racquetball, squash courts, swimming, and/or tennis facilities, archery and indoor shooting ranges and similar uses. Commercial outdoor entertainment/sports and recreation.\ Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include motor vehicle, boat, motorcycle or animal racing facilities/complexes, drive-in movies, miniature golf, amphitheaters and outdoor amusement parks, motorized cart and motorcycle tracks, and motorized model airplane flying facilities. Professional and semi-professional athletic fields shall also be included in this use. Commercial outdoor swimming pool and tennis facility.\ Outdoor pools or tennis facilities operated by a commercial entity that are open to the general public usually requiring membership or some form of payment. Construction office, temporary.\ A trailer used as a temporary office during a construction operation. This use includes construction office trailers occupied in conjunction with residential or nonresidential development. Construction sales and service.\ Establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials 12 used in the construction of buildings or other structures, but specifically excluding motor vehicle or equipment supplies otherwise classified herein. Typical uses include building material stores and home supply establishments. Contractor office and storage facility.\ An establishment or place of business engaged in the construction of residential or commercial structures including trades that assist in building construction or remodeling including carpentry, electrical, masonry, painting, metalworking, flooring installation, ductwork, plumbing, heating, air conditioning, roofing, and other similar trades. Convenience store.\ Establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, limited household supplies and hardware. Crematorium.\ A location used for cremation containing properly installed, certified apparatus for this process. Dance hall.\ Any establishment open to the general public where dancing is permitted and a cover charge is directly or indirectly required for entry into the establishment. However, a restaurant licensed to serve food and beverages having a dance floor with an area not exceeding ten (10) percent of the total floor area of the establishment shall not be considered a dance hall. Equipment sales and rental.\ Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, and similar industrial equipment. Included in this use type is the incidental storage, maintenance, and servicing of such equipment. Flea market.\ Occasional or periodic commercial activities held in an open area or enclosed structure where groups of sellers rent space on a short-term basis to display, barter, or sell goods to the general public. A fee may be charged for expected buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise. A flea market is composed of semi-closed or outdoor stalls, stands, or spaces. Funeral home.\ Establishments engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals. This use excludes crematorium, which is defined separately. Garden center.\ Establishments engaged primarily in the retail sale of trees, shrubs, seeds, fertilizers, pesticides, plants, plant materials, and garden supplies, primarily for agricultural, residential and commercial consumers. Gasoline station.\ A facility for the retail sale of motor vehicle fuels, oils, and accessories, where repair is incidental, where no more than two (2) 13 abandoned vehicles or other motor vehicles shall be stored on the premises. May include the sale of propane or kerosene as an accessory use. General store, country.\ A single store, the ground floor area of which is four thousand (4,000) square feet or less and which offers for sale, primarily, most of the following articles: bread, milk, cheese, candy, papers and magazines, and general hardware articles. Gasoline may also be offered for sale but only as a secondary activity of a country general store. Golf course.\ A tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters. Included would be executive or par three (3) golf courses. Golf driving range.\ A limited area on which golf players do not walk, but onto which they drive golf balls from a common driving tee. Hospital.\ A building or group of buildings having room facilities for one (1) or more patients, used for providing services for the inpatient medical or surgical care of sick or injured humans and which may include related facilities such as laboratories, outpatient departments, training facilities, central service facilities, ambulance stops and helicopter landing sites, and other incidental and subordinate uses integral to hospital operations. Hospital, special care.\ A special care hospital shall mean an institution rendering care primarily for patients with mentally-related illness, or under treatment for alcoholism, substance abuse, etc. Hotel/motel/motor lodge/inn.\ A building or group of attached or detached buildings containing lodging units intended primarily for rental or lease to transients by the day or week. Such uses generally provide additional services such as daily maid service, restaurants, taverns, or public banquet halls, ballrooms, and meeting rooms and/or recreation facilities. Kennel, commercial.\ The boarding, breeding, raising, grooming or training of two (2) or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises. Laundry.\ Establishments primarily engaged in the provision of laundering, cleaning or dyeing services other than those classified as personal services. Typical uses include bulk laundry and cleaning plants, diaper services, or linen supply services. Lawn and garden services.\ Establishments primarily engaged in performing a variety of lawn and garden services, including Bermuda sprigging services, cemetery upkeep, garden maintenance, garden planting, lawn care, lawn fertilizing services, lawn mowing services, lawn mulching services, lawn 14 seeding services, lawn spraying services, lawn sprigging services, mowing highway center strips and edges, seeding highway strips, sod laying and turf installation. Manufactured home sales.\ Establishment primarily engaged in the display, retail sale, rental, and minor repair of new and used manufactured homes, parts, and equipment. Marina.\ A use for docking or mooring of more than four (4) boats (excluding paddle or rowboats) or providing services to boats, including servicing and repair, sale of fuel and supplies, and provisions of lodging, goods, beverages. A yacht or boat club shall be considered a marina. Medical clinic.\ A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis including emergency treatment, diagnostic services, training, administration and services to outpatients, employees, or visitors. This use may include ambulance stops, helicopter landing sites, and other incidental and subordinate uses integral to providing outpatient care. This would include medical offices in excess of ten thousand (10,000) square feet of floor area. Mini-warehouse.\ A building designed to provide rental storage space in cubicles where each cubicle has a maximum floor area of four hundred (400) square feet. Each cubicle shall be enclosed by walls and ceiling and have a separate entrance for the loading and unloading of stored goods. Motor vehicle dealership, new.\ The use of a building, land area or other premises for the display of new and used automobiles, trucks, vans, or motorcycles for sale or lease, including warranty repair work and other major and minor repair service conducted as an accessory use. Motor vehicle dealership, used.\ Any lot or establishment where two (2) or more used motor vehicles, including automobiles, trucks, and motorcycles are displayed at one (1) time for sale or lease, including warranty repair work and other major and minor repair service conducted as an accessory use. Motor vehicle/outdoor storage.\ The outdoor storage of operable motor vehicles, and boats. Motor vehicles in this use shall include cars, trucks, sports utility vehicles, motorcycles, boats, motor homes or RVs. This use shall specifically include vehicle impound areas for operable vehicles. Motor vehicle parts/supply, retail.\ Retail sales of automobile parts and accessories. Typical uses include automobile parts and supply stores which offer new and factory rebuilt parts and accessories, and include establishments which offer minor automobile repair services. 15 Motor vehicle/rental.\ Rental of motor vehicles and light trucks and vans, including incidental parking and servicing of vehicles for rent or lease. Typical uses include auto rental agencies and taxicab dispatch areas. Motor vehicle repair service/major.\ Repair of construction equipment, commercial trucks, agricultural implements and similar heavy equipment, including automobiles, where major engine and transmission repairs are conducted. Typical uses include automobile and truck repair garages, transmission shops, radiator shops, body and fender shops, equipment service centers, machine shops and other similar uses where major repair activities are conducted. Motor vehicle repair service/minor.\ Repair of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. Typical uses include tire sales and installation, wheel and brake shops, oil and lubrication services, automobile glass repair and similar repair and service activities where minor repairs and routine maintenance are conducted. Pawn shop.\ A use engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker and the incidental sale of such property. Personal improvement service.\ Establishment primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include driving schools, health fitness centers or gyms, reducing salons, dance studios, handicraft and hobby instruction, and baseball and basketball instruction facilities. Personal service.\ Establishment or place of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops; grooming of pets; seamstresses, tailors, or shoe repairs; florists; and laundromats and dry cleaning stations serving individuals and households. Real estate office, temporary.\ A class A or B manufactured home, single- family home or other structure used on a temporary basis as a real estate sales office in conjunction with residential development. Recreational vehicle sales and service.\ Retail sales of recreational vehicles and boats, including service and storage of vehicles and parts and related accessories. Restaurant, drive-in fast food.\ An establishment primarily engaged in the preparation of food and beverages, for either take-out, delivery or table 16 service, primarily served in disposable containers at a counter, a drive-up or drive-through service facility or offers curb service. Restaurant, general.\ An establishment engaged in the preparation of food and beverages. This use is characterized by table service to customers in nondisposable containers. Retail sales.\ Sale or rental with incidental service of goods and merchandise for personal or household use which is not otherwise specifically described in the listing of commercial use types contained herein. Such uses include bakeries, drug stores, bookstores, furniture, gifts, hardware, grocery stores, clothing stores, and floral retail shops. Studio, fine arts.\ A building, or portion thereof, used as a place of business for visual art, which may include sculptors, artists or photographers. Taxidermy.\ A building where animal skins are prepared, stuffed and mounted for sale. Truck stop.\ An establishment containing a mixture of uses which cater to the traveling public and in particular motor freight operators. A truck stop might include such uses as fuel pumps, restaurants, overnight accommodations, retail sales related to the motor freight industry, and similar uses. Truck terminal.\ See "warehousing and distribution" listed under industrial use types. Veterinary hospital/clinic.\ Any establishment rendering surgical and medical treatment of animals. Boarding of animals shall only be conducted indoors, on a short-term basis, and shall only be incidental to such hospital/clinic use, unless also authorized and approved as a commercial kennel. (7-7-05; 8-21- 08; 12-18-08; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-4-C, 4-18-13; 6- 19-14; 7-17-14.) Sec. 4-11005. Bulk regulations. A. Maximum height of structures: 1. All structures: Seventy-five (75) [feet]. a. The side and rear yard setbacks for any structure in excess of thirty-five (35) feet in height shall be increased one (1) foot for each additional foot of structure height over thirty-five (35) feet. b. Where structures exceed the thirty-five-foot height requirement a building separation of thirty (30) feet shall be required. c. See subsection 5-2000.D, for exceptions to height limits. B. Maximum density: 17 1. Floor area ratio for nonresidential: One-half (0.50) square foot per foot of net developable area. C. Minimum setback requirements: 1. Front yard: Thirty-five (35) feet. a. Industrial uses shall meet a setback of one hundred (100) feet, except that office buildings associated with the industrial use may meet the minimum thirty-five (35) feet setback. b. For lots within designated industrial park of twenty (20) acres or more, office buildings associated with the industrial use shall meet a setback of thirty-five (35) feet. 2. Side yard: Twenty (20) feet. 3. Rear yard: Twenty (20) feet. D. Maximum lot coverage: ..... Sixty percent (60%). E. Minimum open space ratio (OSR): ..... Twenty-five percent (25%). (7- 7-05; 6-14-07; 8-20-09.) Sec. 5-5003. Supplementary use regulations for civic use types. A. Adult care center. 1. Proof that all required local, state, or federal licenses, permits, and other documents necessary for the operation of an adult care center shall be provided to the zoning administrator prior to the issuance of a zoning permit. 2. The zoning administrator shall be notified of any license expiration, suspension, revocation or denial within three (3) days of such event. Failure to do so shall be deemed willful noncompliance with the provisions of this zoning ordinance. 3. Where provided for in the zoning district(s) regulation(s) as a conditional use, an adult day care center may be permitted by the board of supervisors with a recommendation by the planning commission upon a finding of the following criteria: a. That the adult care center will not create excessive traffic, insufficient parking, number of individuals being cared for, noise, or type of physical activity; and b. That there is ample indoor and outdoor space, free from hazard, appropriately equipped with considerations given to the physical and mental conditions of the persons attending the adult care center. 18 4. A conditional use permit shall not be required for an adult care center that is operated by a religious organization, in buildings or structures on property regularly used as a place of worship, or on adjacent leased property. B. Cemetery. 1. Any burial plot on land abutting a public or private street shall comply with the required front yard setback of the underlying zoning district and twenty-five (25) feet from all property lines. 2. Arrangements for perpetual maintenance of the cemetery shall be in compliance with all applicable governmental laws and regulatory requirements and shall be approved by the county attorney as to form. 3. Cemeteries and distance from wells. All cemeteries shall meet the requirements set forth below unless otherwise exempted by the department of health. Well Class Distance from Cemetery Class 3A or deep well Minimum 50 feet Class 3B well Minimum 50 feet Class 3C or a shallow well Minimum 100 feet Class 4 well Minimum 100 feet 4. Landscaping shall be distributed across the area developed as a cemetery to provide a minimum of ten percent (10%) canopy coverage or shading within twenty (20) years. The proposed location for a cemetery shall be compatible with adjacent land uses, existing or proposed highways, and any other elements or factors deemed to affect the public health, safety, and welfare of the inhabitants of such district. C. Child care center. 1. Proof that all required local, state, or federal licenses, permits, and other documents necessary for the operation of a child care center shall be provided to the zoning administrator prior to the issuance of a zoning permit. 2. The zoning administrator shall be notified of any license expiration, suspension, revocation or denial within three (3) days of such event. Failure to do so shall be deemed willful noncompliance with the provisions of this zoning ordinance. 19 3. Where provided for in the zoning district(s) regulation(s) as a conditional use, a child care center may be permitted by the board of supervisors with a recommendation by the planning commission upon a finding of the following criteria: a. That the child care center will not create excessive traffic, insufficient parking, number of individuals being cared for, noise, or type of physical activity; b. That there is ample indoor and outdoor play space, free from hazard, appropriately equipped, and readily accessible for the age and number of children attending the child day care center; and c. That the area of the property upon which the child care center is located contains no less than one thousand (1,000) square feet per child to be cared for in the child care center. 4. A conditional use permit shall not be required for a child care center that is operated by a religious organization, in buildings or structures on property regularly used as a place of worship, or on adjacent leased property. D. Child care institution. 1. Setbacks adjacent to single-family residential districts or property used for single-family dwellings shall be at least sixty (60) feet. No active recreational areas, refuse containers, parking or vehicular access, etc., should be located within this setback area. 2. Perimeter landscaping shall be in accordance with use types as specified in article VIII, and fencing shall be required. 3. Entrances for vehicular access must be provided in accordance with requirements of the Virginia Department of Transportation, and shall be located at least sixty (60) feet from exterior lot lines. 4. Vehicular parking shall be in accordance with the requirements of this ordinance. 5. Lighting shall be installed in accordance with article XI (outdoor lighting requirements and restrictions) and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. E. Community center. 1. Pedestrian access and/or bike paths shall be provided to adjacent residential developments. A bike parking area shall also be provided. 2. Entrances for vehicular access must be provided in accordance with requirements of the Virginia Department of Transportation, and shall be 20 located at least fifteen (15) feet from any recreational use on the lot and from exterior lot lines. 3. Vehicular parking shall be in accordance with the requirements of this ordinance and shall not be designed as to require or encourage cars to back into a street. 4. Lighting shall be installed in accordance with article XI (outdoor lighting requirements and restrictions) and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. F. Educational facility, primary/secondary. ..... Facilities in the RAC and VC enlarged without a conditional use permit provided that all other site plan requirements are met. G. Modular classroom. ..... Modular classroom unit(s) shall only be allowed on a temporary basis, not to exceed twelve (12) months, on the site of an existing primary/secondary, college/university, or religious assembly educational facility. 1. No more than three (3) units shall be allowed on a single site without approval of a conditional use permit. 2. The placement of the modular classroom unit(s) shall meet all of the required building setbacks for the underlying zoning district. In addition, all modular classroom unit(s) shall be setbacks at least thirty-five (35) feet from the front or primary entrance of the permanent education facility. 3. The existing parking on the site shall meet the requirements of article X, including spaces necessary to serve users of the modular classroom unit(s). 4. Exterior lighting of the modular classroom unit(s) shall be shielded and shall have zero (0) spillover onto adjacent properties. 5. If existing landscaping on the site does not meet the requirements of article VIII, additional landscaping shall be required to attain the minimum buffer and frontage zone landscaping requirements of the site. Foundation zone planting is not required for modular classroom units which are in place less than twelve (12) months. 6. Modular classroom unit design and installation shall meet all applicable federal, state and local building code regulations. 7. Modular classrooms which require placement longer than twelve (12) months or construction of additional parking shall require a conditional use permit. 21 H. Nursing home. ..... Buildings in existence as of the date of adoption of this ordinance may be expanded or enlarged without a conditional use permit provided that all other site plan requirements are met. I. Public maintenance and service facility. ..... Outside storage of materials shall be completely screened from public view, including vehicular storage areas. J. Public park and recreational area. 1. All outdoor recreational playfields, grounds and facilities and associated fences or enclosures shall conform to the required front and comer side yard building setbacks of the underlying zoning district. 2. Recreational structures for indoor recreation shall meet the required setbacks of the underlying zoning district for a primary use. 3. Pedestrian access shall be provided whenever practicable to adjacent residential properties. 4. Entrances for vehicular access must be provided in accordance with requirements of the Virginia Department of Transportation, and shall be located at least fifteen (15) feet from any recreational use on the lot and twenty-five (25) feet from any exterior lot lines. 5. 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. 6. 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. 7. All public swimming pools shall conform to the following minimum requirements: a. Setback requirements: Seventy-five (75) feet from any property line. i. Additional setback requirements: 1. Setback adjacent to residential zone: One hundred twenty-five (125) feet. 2. Setback adjacent to railroad right-of-way, publicly point: Twenty-five (25) feet. b. Any buildings erected on the site of any such pool shall comply with the yard requirements of the zone in which the pool is located. 8. A public water supply shall be available and shall be used for the pool. Use of a private supply of water for the pool may be granted by conditional 22 use permit provided that it will not adversely affect the water supply of the community. 9. Perimeter landscaping shall be in accordance with article VIII and fencing shall be required adjacent to a residential zone. 10. Special conditions deemed necessary to safeguard the general community interest and welfare, such as provisions for off-street parking, additional fencing or planting or other landscaping, additional setback from property lines, location and arrangement of lighting and other reasonable requirements, including a showing of financial responsibility by the applicant, may be required by the board of supervisors with a recommendation from the planning commission as a requisite to the granting of a conditional use when applicable. K. Religious assembly. 1. Religious facilities in the RAC, RR, NC, and VC districts in existence as of the date of this ordinance may be expanded or enlarged without a conditional use permit provided that all other site plan requirements are met. 2. Religious assembly may occupy existing civic or commercial facilities in the RAC, VC, GC and PD-MX districts as a principal, accessory or temporary use provided that the existing site improvements, particularly parking, are adequate to accommodate the demands of the use and provided that the use is allowed under the conditional zoning of the property, if applicable. Any new construction, expansion, or enlargement shall obtain a conditional use permit in accordance with this ordinance. L. Utility service, minor. ..... All new customer utilities, services, including, but not limited to, all wires, cables, pipes, conduits and appurtenant equipment, carrying or used in connection with the furnishing of electric power, telephone, telegraph, cable televisions, petroleum, gas, steam, water or sewer systems, shall, after the effective date of this ordinance be placed below the surface of the ground; provided, that: 1. Equipment such as electric distribution transformers, transmission 33 KV and above, switchgear, meter pedestals and telephone pedestals, which are normally installed above ground and in accordance with accepted utility practices for underground distribution systems may be so installed; 2. Meters, service connections and similar equipment normally attached to the outside wall of the premises it serves may continue to be so installed; 23 3. Overhead utilities services existing as of October 29, 1974, may be repaired, replaced or increased in capacity; and relocated parallel and adjacent to preexisting state roads; 4. Temporary overhead facilities required for construction purposes will be permitted; 5. Whenever relocation of utility facilities is compelled by any construction undertaken by any unit of government, the provisions of this section may be waived by the board of supervisors or its agent; 6. Overhead farm and industrial customer utility services and wiring which is on property owned and/or occupied by the users thereof will be permitted; 7. Underground utilities will not be required in those areas of the county zoned rural agricultural conservation districts under the zoning ordinance of Isle of Wight County; 8. Underground utilities will not be required in industrial parks which would be defined as subdivisions by the subdivision ordinance of Isle of Wight County if zoned to an industrial use under the zoning ordinance of Isle of Wight County; 9. Overhead utilities services may be extended within a subdivision where the average lot size (excluding the original parcel) is greater than five (5) acres and may further be extended in any case where such extension would be parallel and adjacent to public roads existing as October 29, 1974. Utilities services along roads not existing as of October 29, 1974, and internal to a subdivision where the average lot size (excluding the original parcel) is five (5) acres or less must be underground. Overhead utilities services may be extended along or across other public roads as authorized by the zoning administrator. 10. All improvements herein required shall be in accordance with accepted standards of utility practice for underground construction. M. Utility services, major. 1. Public utility buildings in any permitted residential zone shall have the exterior appearance of residential buildings. Landscaping shall be provided in accordance with article VIII. 2. Nothing herein shall require a conditional use permit for repair of a water well so long as the design capacity of the repaired well is not increased; nor shall a conditional use permit be required for replacement of a well which is worn out or has become less productive, so long as: 24 a. The replacement well is no more than one-fourth (¼) of a mile in distance from the well being replaced; b. The replaced well is abandoned in accordance with regulations administered and enforced by Virginia Department of Environmental Quality or other applicable agency; c. The replacement well shall draw water from the lower cretaceous aquifer (Potomac Group) only; d. The owner of the well demonstrates to the zoning administrator that the replacement well will provide no more water than the well being replaced by providing the zoning administrator board with the initial production tests of the well being replaced and the initial production tests of the replacement well; and e. The average static water level of the lower cretaceous aquifer, as determined from the average of all monitoring and observation wells of the Virginia Department of Environmental Quality, has not dropped more than fifty percent (50%) from the most recent average static water level. (Measured from the most recent average static water level to the top of the aquifer.) Provided, further, that if the owner has more than one (1) well designed or capable of producing fifty thousand (50,000) gallons or more per day located in Isle of Wight County, Virginia, the owner shall provide the zoning administrator with the name, location and initial production tests of such other wells of said design or capacity. 3. The dissolution or abandonment of a public water system previously approved by the Virginia Department of Health and/or the county shall require obtaining a conditional use permit from the board of supervisors, after recommendation from the planning commission. (7-7-05; 5-27-10; Ord. No. 2012-2-C, 2-16-12, 3-20-14.) Sec. 6-2009. Development standards. Proposed development within the district shall provide for visual compatibility and harmony with surrounding natural land forms and vegetation; be protective of views and vistas from arterial highways within the district; and provide continuity of site design within the proposed development. These objectives include the following standards: A. Earth moving, fill, grading, clearing of property, and the removal of trees and vegetation shall be the minimum necessary to provide for the use. 25 In particular, activities that could cause disruption of natural watercourses or disfiguration of natural land forms are prohibited. B. Proposed development shall be located and configured in a visually harmonious manner with the terrain and vegetation of the parcel and surrounding parcels. Structures shall not impede scenic views from the highway or from existing structures and the natural environment. C. Structures shall not dominate, by excessive or inappropriate height or mass, any general development, adjacent building, or natural landscape in an incompatible manner. F. 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. G. All vehicular movement and parking areas shall be paved with concrete, asphalt, or other similar material. 1. Parking shall be designed in accordance with one of the following options: a. When all of the parking is located to the side or rear of the primary structure; the front setback may be reduced by twenty (20) feet. b. No greater than twenty-five (25) percent of the required parking shall be located in front of the primary structure. However, when more than twenty- five (25) percent of the required parking is to be located in front of the primary structure; a decorative fence no less than three (3) feet in height shall be constructed between the parking and the public right of way. This fence shall not count towards the required landscaping points for any specified landscaping zone. H. Concrete curb and gutter or other stormwater management structures as approved by the zoning administrator shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed so as not to interfere with pedestrian and bicycle traffic. I. To the greatest extent possible; stormwater management structures and facilities shall be placed outside of the landscaping zones identified in article VIII. When placement of stormwater management structures and facilities in a landscaping zone is demonstrated as unavoidable by the applicant, and approved by the board of supervisors following a recommendation by the planning commission, and is not prohibited elsewhere in this ordinance, such structure or facility shall be landscaped in a naturalized pattern utilizing native species and the landscaping points required for the area encompassed 26 by the stormwater management structure or facility shall be disbursed throughout the remaining area of the landscaping zone. J. Crime prevention through environmental design (CPTED) principles should be incorporated into site design to maximize public safety through effective design of buildings, parking lots and public spaces. Principles include territoriality, surveillance, and access control. K. A shopping center, office complex or similar group of buildings shall be arranged in such a manner to minimize the impact of vehicle parking areas along the arterial with buildings fronting the arterial, and parking being located in the center of the development away from the roadway. L. Community and public spaces. 1. Each nonresidential establishment subject to these standards shall contribute to the establishment or enhancement of community and public spaces by providing at least two (2) of the following within the development: a. Patio/seating area; b. Pedestrian plaza with benches; c. Open space (this is not calculated in open space ratio required for the lot); d. Kiosk/public message board area; e. Water feature; f. Sculpture or public art; or g. Other such amenities, as may be determined by the zoning administrator, that creates such community and public spaces. 2. Any such areas shall have direct access to the public sidewalk network and such features shall not be constructed of materials that are inferior to the principal buildings and site design. M. Connecting uses. 1. Pedestrian pathways and bicycle pathways shall be provided connecting buildings within a development including outparcels and to adjacent developments and neighborhoods. 2. Integrated and consistent site design shall be provided between outparcel buildings and main buildings within a development including landscape amenities and architectural design. 3. Site development shall include streetscape improvements. These improvements are considered as those architectural or functional facilities or structures that occur on-site but are not part of the building and that encourage and facilitate human interaction with the built environment. 27 Examples include, but are not limited to, the following: decorative light fixtures, fountains, sculptures, benches and tables, planters, retaining walls, pedestrian and bicycle paths, bicycle parking structures, trash receptacles and enclosures, a designated vending machine area, and fences. The following streetscape improvements are required: a. A customized entrance at the entry street intersecting the arterial or collector which features a waterfall, sculpture, monument, special landscaping, specialty pavement, enhanced fence wall details, or boulevard median. These improvements shall be designed to be consistent with all requirements listed above, and shall be reviewed for function and compatibility with district character. N. Sidewalks. 1. Sidewalks, no less than ten (10) feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Sidewalks shall provide weather protection features such as awning or arcades within fifteen (15) feet of all customer entrances, parallel to the building and at least six (6) feet deep over the sidewalk. O. Pedestrian and bike pathways. 1. The purpose of this system is to provide for nonvehicular traffic along major corridors and between major destinations, with emphasis on connecting residential areas to schools, recreation areas, and activity centers. 2. Pedestrian and bike pathways shall include the following: a. Provide connections for, within and between developments for pedestrian and bike traffic. b. Provide facilities to store or lock bicycles at appropriate sties. Including, but not limited to schools, recreation areas, office parks, public institutions, and activity center focuses. c. Develop the proposed bike pathway system in a manner that links to existing and proposed neighborhoods, park lands, conservation areas, scenic landscapes and historic/cultural sites in accordance with the goals and objectives of the comprehensive plan. P. Pedestrian walkways for shopping centers and retail establishments with a square footage greater than twenty-five thousand (25,000). 1. Continuous internal pedestrian walkways, no less than eight (8) feet in width, shall be provided from the public sidewalk or right-of-way to the 28 principal customer entrance of all principal buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, beds, ground covers, or other such materials for no less than fifty percent (50%) of its length. 2. Crosswalks at busy intersections, between major pedestrian destinations, between shopping centers and their parking, shall employ techniques to signal a pedestrian zone both to the motor vehicle and the pedestrian. These techniques include: a. Crosswalks that are slightly raised; b. The use of durable, low maintenance surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort that are distinguishable from driving surfaces; and c. Bulb-out corners that reduce the length of the crosswalk for the pedestrian. Q. Screening. 1. Mechanical equipment, including, but not limited to heating, ventilating, and air conditioning equipment, duct work, air compressors, utility meters, aboveground tanks, satellite dishes, antennas, whether ground- level or rooftop, shall be shielded and screened from view of adjacent properties and public rights-of-way and designed to be perceived as an integral part of the building. Screening can most often be accomplished through increased parapet heights or mansard roof parapet design. 2. Ground-level equipment immediately adjacent to the building should be screened with walls matching the building. 3. Areas for delivery area doors, open bays or truck parking shall not be visible from abutting streets. 4. Outdoor storage shall be as permitted by the underlying zoning district in the side and rear yards only, provided that all outdoor storage areas shall be visually screened from public rights-of-way, internal roadway, and adjacent property. Outdoor storage shall include the parking of all commercial vehicles. 5. No areas for outdoor storage, trash collection or compaction, shall be located within twenty (20) feet of any public street, public sidewalk, or internal pedestrian way. They shall be screened from adjacent properties and 29 public rights-of-way by a masonry wall designed to be compatible with the principal building that it serves. If the waste storage area is more than one hundred (100) feet away from the property line, it may be screened by a masonry wall, dense evergreen planting or architectural feature. 6. Loading areas shall be completely screened from view with berms, buildings, and/or durable architectural walls to match the building in which it serves. Loading areas shall be permitted only in the side and rear yards and shall be visually screened from pubic rights-of-way, and adjacent property, except that suitable provisions for access to loading areas may be allowed. R. [Signs.] ..... Signs are permitted in accordance with article IX. (7-7-05; 2-13-07, 3-20-14.) Sec. 7-2003. Simplified site plan. A. A simplified site plan shall be submitted for a change or expansion of an agricultural, commercial, civic, office, industrial or miscellaneous use on an existing site, unless: 1. The sale or storage of gasoline or hazardous materials is involved as part of the use; or 2. Such change involves a change from one (1) principal use category to another, unless where the change from one (1) principal use category to another principal use category will not have a substantial impact on the property and/or surrounding properties, particularly, but not limited to, parking facilities and stormwater management features. The principal use categories shall be agricultural, residential, civic, office, commercial, industrial, and miscellaneous; or 3. Such change or expansion will require additional parking and/or off- street loading under the requirements of this ordinance, unless where the additional parking and/or off-street loading space will not have a substantial impact on the property and/or surrounding properties. Additional parking shall be determined by comparing the proposed use to the most recent use of the property and shall not be triggered by a reconfiguration of the site or existing pervious area; or 4. In the case of an expansion, the expansion exceeds twenty-five percent (25%) or twenty-five hundred (2,500) square feet of the floor area of the existing building(s), or in the case where the building is incidental to the use, the area occupied by the use, whichever is less; or 30 5. An additional ingress/egress, change in ingress/egress, or additional public improvements are required by the provisions of this ordinance; or 6. A nonresidential structure has remained unoccupied for more than two (2) years, or in the case of a shopping center, fifty percent (50%) of the gross square footage of the shopping center is vacant for more than two (2) years. The exception to this requirement being where the existing site improvements, particularly, but not limited to, parking and stormwater management, are adequate to accommodate the demands of the new use; or 7. The scope of the proposed change or expansion is of such nature that the provisions for the handling of natural and stormwater, erosion and sediment control, and best management practices cannot be adequately addressed with a simplified site plan. B. A simplified site plan shall contain the following information: 1. Boundary drawing of the lot or area involved; 2. Present record owner of the property; 3. Vicinity map; 4. Location and size of the existing vehicular entrance to the site; 5. Location of public water and/or sewer or on-site sewage facilities; 6. Location, dimensions, height, and setbacks of all existing and proposed buildings; 7. Location of existing vehicular movement and parking areas, and the number of existing parking spaces; 8. Proposed use of structural addition; 9. Location of any existing required on-site drainage improvements or best management practices; 10. Location of all required landscaping; or significant trees in accordance with the requirements of article VIII; 11. Impervious coverage calculations; 12. Building coverage calculations; 13. Zoning of adjacent parcels; and 14. Any other information deemed appropriate or necessary by the zoning administrator to establish compliance with this or any other ordinances. C. The zoning administrator shall have approval authority over all simplified site plans. 1. An initial determination shall be made as to whether the simplified site plan is complete. In the event it is not complete, it shall be returned to the 31 applicant with a written description of the deficiencies within fifteen (15) working days of the submittal date. 2. Once a simplified site plan is determined to be complete, the plan shall be reviewed for compliance with the ordinance. Where revisions are determined to be necessary, the applicant shall be notified in writing within thirty (30) days of the submittal date of a complete plan. If no revisions are necessary, the applicant shall be notified in writing of a plan's approval within the same thirty-day period. Approval may be contingent upon the posting of any required surety, and other relevant requirements as may be determined by the zoning administrator. (7-7-05; Ord. No. 2011-21-C, 11-17- 11.) Sec. 8-1003. Landscaping and screening requirements and design guidelines. A. Overall site design. ..... The following overall site layout and design standards shall apply to all landscaping plans: 1. Landscaping design and planning are to be integrated within the overall site design. 2. Natural appearing landscape forms are strongly encouraged. Straight rows of plantings are discouraged and trees, shrubs, flower beds, and other material types shall be interspersed with one another. 3. Landscape materials and designs are to be appropriate for the specific characteristics of the site. 4. Native plants, as identified by the Virginia Department of Conservation and Recreation (DCR), and materials indigenous to the region are desirable and are encouraged, particularly because of their adaptation to local climate, disease resistance, soils, hydrology, and adverse weather conditions. 5. Invasive species, as identified by the Virginia Department of Conservation and Recreation (DCR), shall be prohibited. 6. Landscape plantings located within the sight triangle of roadway or driveway intersections shall conform to Virginia Department of Transportation (VDOT) guidelines for height. 7. Landscaped areas shall require protection from vehicular encroachment by such means as, but not limited to, wheel stops, concrete or bituminous curbs, or decorative walls or fencing. 8. No more than fifty percent (50%) of the required trees or shrubs in a single landscaping zone shall be of a single species. This subsection shall not 32 apply to existing trees preserved on the site or to single-family residential lots which are regulated by subsection 8-1005.F. 9. Existing and viable trees and areas of significant vegetation are to be preserved and protected, in accordance with section 8-1009. Existing shrubs and trees which are suitable for use in required landscaping zones shall be preserved and used to the maximum extent practicable. In no case shall any viable, mature, heritage, or significant tree eight (8) inches or more in diameter measured at breast height (four and one-half (4½)) feet from ground level) be removed from any landscaping zone except to accommodate necessary entrances, utility easements, or where such preservation would create or perpetuate demonstrable hazards to public health, safety, or welfare, subject to the approval of such removal by the zoning administrator. 10. Areas in which trees are preserved shall remain at original grade level and undisturbed wherever possible. Trees and vegetation which are to be preserved shall be clearly marked in the field. 11. Decorative walls, fences, berms and/or other earthforms may be integrated into any landscaping program subject to setback and sight triangle requirements, and the materials and construction standards in section 8-1009 12. Where sidewalks, or other pedestrian, bike, and/or equestrian trails are proposed in the landscaped area, such paths shall be meandering, if necessary, in order to preserve the existing trees. 13. To the greatest extent possible, stormwater management structures and facilities shall be placed outside of the landscaping zones identified in this article. When placement of stormwater management structures and facilities in a landscaping zone is demonstrated as unavoidable by the applicant, and is not prohibited elsewhere in this ordinance, such structure or facility shall be landscaped in a naturalized pattern utilizing native species and the landscaping points required for the area encompassed by the stormwater management structure or facility shall be disbursed throughout the remaining area of the landscaping zone. The Zoning Administrator may allow points to be distributed to areas immediately adjacent to the landscaping zone affected in order to allow for a more naturalized appearance and prevent overplanting within the remaining landscaping zone area. B. Landscaping points. ..... All plants, fences, walls, berms, or other landscaping elements in a development plan are assigned a landscaping points value in table 8-1004. Each applicable landscaping zone, as defined in section 8-1005, on a development plan has a required landscaping points 33 value and required design guidelines which must be met by the landscaping plan. 1. All landscaping plans are required to have at least fifty percent (50%) of the total landscaping points for the site as evergreen species. 2. In addition to the points required for each landscaping zone, all multifamily, civic, commercial, industrial, and miscellaneous uses are required to achieve a minimum fifteen percent (15%) landscape surface ratio (LSR) for the total project site. a. Plantings within the frontage zone, buffer zone, parking zone, foundation zone, and screening zone may be included as landscape area in the LSR calculation. b. Undisturbed, delineated wetlands and riparian buffers may be included as landscape area in the LSR calculation. (7-7-05; Ord. No. 2013-7-C, 5-16- 13.) Sec. 8-1005. Landscaping zones. A. The landscaping zones which may apply to any lot or parcel being developed are the frontage zone, buffer zone, parking zone, foundation zone, and screening zone, except that in the case of single-family residential lot development, the whole site is treated as a single zone and regulated by subsection 8-1005.D. B. In the case of overlapping zones, the following hierarchy of application shall apply: 1. Frontage zone; 2. Buffer zone; 3. Parking zone; 4. Foundation zone; 5. Screening zone. C. In the event that any two (2) zones sit immediately adjacent to each other the adjacent sections may be reduced by fifty percent (50%). D. Zone requirements. 1. Frontage zone. ..... The frontage zone is a landscaping area located along the entire frontage of the parcel with a width equal to the width of the required front setback for the parcel, as defined by the underlying zoning district. 34 a. There are two (2) frontage zone classifications. i. Rural frontage zone applies to all properties which are outside of the designated development service districts and village centers of the county comprehensive plan. A. In the rural frontage zone, properties with a front setback of less than fifty (50) feet are required to install a minimum of 1.25 points of landscaping per linear foot of lot frontage. B. In the rural frontage zone, properties with a front setback of fifty (50) feet or greater are required to install a minimum of 1.75 points of landscaping per linear foot of lot frontage. C. In the rural frontage zone, eighty percent (80%) of landscaping points are required to be non-ornamental species of trees. No more than fifty percent (50%) of trees may be evergreen species. Native species are encouraged. 35 ii. Development frontage zone applies to all properties which are within the designated development service districts and village centers of the county comprehensive plan. A. In the development frontage zone, properties with a front setback of less than fifty (50) feet are required to install a minimum of 1.25 points of landscaping per linear foot of lot frontage. B. In the development frontage zone, properties with a front setback of fifty (50) feet or greater are required to install a minimum of 1.75 points of landscaping per linear foot of lot frontage. 2. Buffer zone. ..... The buffer zone is a continuous landscaping screen, ten (10) feet wide, required along all side and rear yards. Required landscaping points are based on the parcel use type, as identified in article III of this ordinance, as detailed below. 36 a. One (1) pedestrian break of at least six (6) feet in width is required for every fifty (50) linear feet in the buffer zone, except that breaks which are used for placement of a surfaced walkway, pathway, or trail are required to be the width of the trail plus an additional two (2) feet on either side of the walkway, pathway, or trail. b. Installation of all required points must be disbursed in a generally even pattern throughout the buffer zone area, except in cases of concentrated nuisance, such as lights or noise, which require heavier screening in a particular location. c. Required buffer zone by use type. i. Agricultural use types. A. Agricultural use types are not required to install buffer zone landscaping. ii. Residential use types. A. Residential use types are not required to install buffer zone landscaping, unless otherwise specified in this ordinance. Single-family residential uses are required to install parcel or lot landscaping in accordance with subsection 8-1005.F. iii. Civic use types. A. Civic use types are required to install a minimum of forty-five (45) points of landscaping per five hundred (500) square feet of buffer zone. iv. Office and commercial use types. A. Office and commercial use types are required to install a minimum of sixty (60) points of landscaping per five hundred (500) square feet of buffer zone, except that uses which include a curb-side service restaurant or drive- thru facility, or that operate between the hours of 10:00 p.m. and 5:00 a.m. and/or more than twelve (12) hours per day shall be deemed office and 37 commercial intense use types for the purpose of landscaping and shall be required to install a minimum of ninety (90) points of landscaping per five hundred (500) square feet of buffer zone. B. In the case of a master-planned commercial or office park, the required buffer zone points shall be reduced by fifty percent (50%) for interior lot lines which are platted as part of the overall park. No reduction shall be allowed along sections of lot lines which are adjacent to properties not part of the master-planned park or in buffer zones adjacent to the exterior borders of the park, except as noted below. i. In the case of a master-planned commercial or office park which has installed buffer zone landscaping around the park as a whole, in accordance with section 4-17005, the required buffer zone points per lot shall be zero (0) along sections of lot lines which contain existing buffer zone landscaping in accordance with section 4-17005 C. In the case of a commercial or office use type which is immediately adjacent to another commercial and office use type, the minimum required 38 buffer zone points per lot shall be reduced by fifty percent (50%) along any shared sections of the lot lines. v. Industrial use types. A. Industrial use types are required to install a minimum of one hundred twenty (120) points of landscaping per five hundred (500) square feet of buffer zone. B. In the case of a master-planned industrial or commerce park, the required buffer zone points per lot shall be reduced by fifty percent (50%) for interior lot lines which are platted as part of the overall park. No reduction shall be allowed along sections of lot lines which are adjacent to properties not part of the master-planned park or in buffer zones adjacent to the exterior borders of the park except as noted below. 1. In the case of a master-planned industrial or commerce park which has installed buffer zone landscaping around the park as a whole, in accordance with section 4-19005, the required buffer zone points per lot shall be zero (0) along sections of lot lines which contain existing buffer zone landscaping in accordance with section 4-19005 vi. Miscellaneous use types. A. Miscellaneous use types are required to install a minimum of one hundred twenty (120) points of landscaping per five hundred (500) square feet of buffer zone. B. The zoning administrator may administratively waive up to thirty (30) points of landscaping per five hundred (500) square feet for the buffer zone of less intense miscellaneous uses, with a written request, including justification, from the applicant. 39 1. Waiver requests greater than thirty (30) points per five hundred (500) square feet shall be considered by the board of supervisors following a recommendation by the planning commission. 3. Parking zone. ..... The parking zone is a continuous perimeter buffer, ten (10) feet in width, surrounding the entire parking area, which includes parking spaces and any directly adjacent sidewalks, loading zones, drive aisles, and ingress/egress driveways. a. Parking zones shall install a minimum of sixty (60) points of landscaping per five hundred (500) square feet of total parking zone area. i. All landscaping points must be installed within the boundaries of the parking zone, except that twenty percent (20%) of points shall be distributed on interior landscaping islands and medians, if applicable. ii. A minimum of twenty percent (20%) of points shall be shrubs. iii. Shrubs shall be a minimum of twenty-four (24) inches in height at the time of installation. iv. Parking zone landscaping shall be distributed across the parking area so that the cumulative effect shall be to provide a minimum of thirty percent (30%) canopy coverage or shading of the parking zone within fifteen (15) years. b. Included within the total required points for the parking zone shall be one (1) large deciduous tree per two thousand (2,000) square feet of parking zone. The parking zone area calculation shall include parking spaces and any directly adjacent sidewalks, loading zones, drive aisles, and ingress/egress driveways. 40 c. Each parking space above the minimum parking space requirements of this ordinance shall require an additional ten (10) landscaping points per space, to be installed in the parking zone. i. Each space above the minimum requirements of this ordinance shall be surfaced in permeable materials and shall not be impervious materials as defined in section 2-1002 ii. Landscaping credits, as specified in section 8-1007, shall not be applicable to any landscaping points accumulated for parking spaces above the minimum parking space requirements of this ordinance. d. Landscaping islands a minimum of nine (9) feet wide and eighteen and one-half (18.5) feet long are required at the end of each parking row. Islands at the end of a double row of parking are required to be a minimum of nine (9) feet wide by thirty-seven (37) feet long. i. Additional landscaping islands, a minimum of nine (9) feet wide by eighteen and one-half (18.5) feet long, are required every eight (8) linear spaces to break up long rows of parking. Islands inserted into a double row of parking are required to be a minimum of nine (9) feet wide by thirty-seven (37) feet long. e. Parking lots shall include no more than four (4) consecutive rows of parking (no more than two (2) double rows of parking) without at least one (1) landscaping median, a minimum of five (5) feet wide, connecting landscaping islands to break up large parking areas. f. Large parking lots shall be divided into smaller parking fields of no more than one hundred (100) spaces using landscaping medians which are a 41 minimum of fifteen (15) feet wide and including a pedestrian walkway which is at least five (5) feet wide. g. Any parking area that is adjacent to a road or other right-of-way shall provide an additional sixty (60) points per five hundred (500) square feet of area between the parking area and the road or right-of-way. h. Where a parking area is altered or expanded to increase the size to twenty (20) or more vehicle parking spaces and is used regularly for at least five (5) days a week, landscaping for the entire parking area shall be provided, not only for the extent of the alteration or expansion. 4. Foundation zone. ..... The foundation zone is a continuous area six (6) feet in width around the entire perimeter of the building. a. Foundation zones shall install a minimum of thirty (30) points of landscaping per one hundred fifty (150) square feet of total foundation zone area. b. Landscaping shall be installed as a continuous bed around all sides of the structure, except that required perpendicular access breaks shall be allowed. c. Landscaping points may be reduced by fifty percent (50%) on any side of a structure which is not visible from an existing or proposed public right- of-way. 5. Screening zone. ..... The screening zone is a continuous planting area required around all service structures, equipment, and/or outdoor storage 42 yards for the purpose of reducing the impact of the structure or use visually and acoustically. a. Screening zones shall install a minimum of eight (8) points of landscaping per ten (10) linear feet of perimeter length. b. In the screening zone, solid and semisolid perimeter features such as fences, berms, walls, or other nonorganic elements shall not be included in the calculation of landscaping points. c. The perimeter area of service structures, equipment, and/or outdoor storage yards shall be determined by measurement of the complete outside perimeter of the structure or equipment, including any fencing, and including the distance across access points or entryways. d. Landscaping shall be installed as a continuous screen around all sides of service structures, equipment, and/or outdoor storage yards, except that required access and entry breaks shall be allowed, provided that the points associated with the perimeter area of such breaks are incorporated into the rest of the screening zone. e. Plants must be installed no more than ten (10) feet from the base of service structures, equipment, and/or outdoor storage yards. If service structures, equipment, and/or outdoor storage yards are enclosed by a fence, wall, berm, or other perimeter feature, the required screening points shall be installed within ten (10) feet of the base of such perimeter feature. f. At the time of installation, plant height shall be a minimum of fifty percent (50%) of the total height of the structure or equipment being screened. D. Single-family residential. 43 1. Single-family residential lots shall be treated as a single zone meeting the requirements of this section and shall not be required to meet the individual frontage, buffer, parking, foundation, and screening zone regulations unless specifically required by an adopted master plan. 2. Single-family residential lots shall install, at a minimum, the landscaping points as required by section 8-1006 3. Required landscaping points shall be installed before issuance of a certificate of occupancy. (7-7-05; Ord. No. 2011-21-C, 11-17-11; Ord. No. 2013-7-C, 5-16-13, 3-20-14.) The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. B. Sale of Public Property to Joel C. Bradshaw, III County Attorney Popovich presented a request by Joel C. Bradshaw, III to purchase 16.95 acres of land in the Carrsville Election District from the County at a price of $2,000 per acre. Frank A. Halton, Director of General Services, provided an overview of the property under discussion which is located behind the Carrsville Volunteer Fire Department is completely wooded and zoned rural agricultural conservation. Chairman Bailey called for persons to speak in favor of or in opposition to the proposed amendments. No one appeared and spoke. Chairman Bailey closed the public hearing and called for comments from the Board. Supervisor Alphin moved to authorize the sale of public property to Joel C. Bradshaw, III and authorize the Chairman to execute any and all documents necessary to effectuate the sale. The motion was adopted by a vote of (5-0) 44 with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. COUNTY ATTORNEY’S REPORT County Attorney Popovich briefed the Board regarding additional revisions made to the Board’s by-laws with regard to comments provisions received being: (1) the same rules for Citizens’ Comments and Public Hearings and (2) incorporating the Board holding electronic meetings in situations where there is a declared state of emergency. He advised that this matter would be included in his report for the Board’s formal adoption at its organizational meeting on January 5, 2015. Responsive to the Board’s previous action, County Attorney Popovich briefed the Board regarding the protocol utilized for advertising County business matters in the local newspapers. He presented a proposed Resolution to Amend Chapter 8: Miscellaneous – General (Non-Employee) of the Isle of Wight County Policy Manual by Adopting Article VI, Public Notice , designating The Daily Press as the newspaper where official notices of the County will be advertised and The Smithfield Times and Tidewater News as the newspapers where County non-official notices will be advertised. H. Woodrow Crook, Jr., on behalf of The Smithfield Times, referenced a letter dated November 4, 2014 and advised that the County has traditionally advertised its business in The Smithfield Times because is located in the County and it is the newspaper that produces the local news for the County. He stated citizens read it for the local news and its distribution area includes most of the County. He stated all legal requirements are met as The Smithfield Times is published in the County. He stated County matters should be published in the local newspaper so that citizens are kept apprised even if the Board does not agree with the editorials or what the reporters are saying. He advised that there are questions about the County meeting a legal requirement when it bypasses the local newspaper at a greater cost and less distribution in the County and the door would be open for litigation when ordinances and zonings are adopted. 45 County Attorney Popovich recalled for the Board that the thought to change the County’s existing way of advertising is because the County ends up holding up the peoples’ business based upon the timing of its publications in The Smithfield Times. Supervisor Alphin moved that staff be directed to advertise the County’s legal public hearings in The Smithfield Times and the Tidewater News and that the County Attorney be directed to include this in the County’s Policy Manual. The motion was adopted by a vote of (4-1) with Supervisors Bailey, Alphin, Casteen and Darden voting in favor of the motion and Supervisor Jefferson voting against the motion. COUNTY ADMINISTRATOR’S REPORT A legislative update was provided by Donald T. Robertson, Director of Information Resources and Legislative Affairs. Amy Ring, Interim Director of Economic Development, provided a PowerPoint presentation revealing the findings and analyses on property use options for the Stoup property which was prepared by staff of General Services, Inspections, Planning and Zoning, Tourism, economic development and the County administrator with a recommendation by staff to proceed with Option 4, Public Mixed Use Center. Supervisor Darden moved to pursue Option 4 and authorize staff to make application for a planning grant from the Department of Housing and Community Development. The motion was adopted by vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. PowerPoint presentations were provided by Sheriff Marshall and Terry Hall of York County regarding the need to replace the 911 radio system due to existing system challenges. Sheriff Marshall recommended that the County acquire an FCC license; hire a consultant to design, recommend and implement a regional system in conjunction with a regional partner; determine long time financing options; contract and financing options; contract and financing options to the Board in the next six months; and, 46 deployment will take approximately one year from the time the contract is signed. Chairman Bailey moved that the Sheriff move forward with this effort and that he return to the Board with the cost and where to go from there. The motion was adopted by vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Following a break, Andrea S. Clontz, Interim Director of Emergency Services, provided background information relative to the need for ALS support coverage for the Carrollton Service District. An interim and short- term solution was identified, along with the associated benefits. Chairman Bailey moved to authorize the interim solution for ALS coverage as recommended and request staff to provide an update at the January 2015 Board meeting. The motion was adopted by vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Alphin moved that the Chairman be directed to send a letter to the Chief of the Carrollton Volunteer Fire Department regarding the interim solution adopted by the Board. The motion was adopted by vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Mary Beth Johnson, Director of Human Resources, reviewed proposed amendments to the County’s Personnel Policy relating to notification for need to utilize sick leave; leave under the Family Medical Leave Act; and, holiday pay. Supervisor Darden moved that the following Resolution be adopted: RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE V, SECTIONS 5.4 AND 5.12 AND CHAPTER 1: PERSONNEL, ARTICLE VI, SECTION 6.3 OF THE COUNTY POLICY MANUAL 47 WHEREAS, the County has established guidelines regarding notification for need to utilize sick leave, leave under the Family Medical Leave Act (FMLA), Holidays observed by the County and payment for such holidays, under Chapter 1: Personnel, Article V, Sections 5.4 and 5.12 and Article VI, Section 6.3 of the County Policy Manual; and WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel, Article V, Sections 5.4 and 5.12 and Article VI, Section 6.3 of the County Policy Manual to afford for enhanced employee guidance by clarifying guidelines regarding the utilization of sick leave, federal FMLA provisions and the associated employee and employer rights and responsibilities, and holiday pay. NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article V, Sections 5.4 and 5.12 and Article VI, Section 6.3 of the County Policy Manual is hereby amended as follows: Chapter 1: Personnel ARTICLE V Leave Provisions (Revised September 1, 2005, December 15, 2005, February 2, 2006, April 5, 2007, October 2, 2008, January 8, 2009, June 19, 2014, October 16, 2014, December 18, 2014) Section 5.4 (Revised December 18, 2014) Notification So that accurate records can be kept, an employee (or his/her representative) shall notify his/her department director, supervisor, or whomever designated by the employee’s department, promptly by telephone or, messenger, or other such means designated by the employee’s department, no later than one-half hour after reporting time, if physically possible. Departments may designate a more specific time period required for advanced notification of the need to utilize sick leave as needed for effective business operations. 48 Where in the interest of public safety a specified number of personnel are required to be present, department directors may require employees (or their representative) to notify the department one hour before reporting to work, if physically possible. Abuse of this policy may result in disciplinary action. Once sick leave has been exhausted, other leave policies may apply (e.g., annual leave, leave without pay, etc.). Absence for a job-related injury shall be recorded as injury leave in accordance with Article VI, Section 6.6 Workers’ Compensation. Regular employees on approved sick leave shall be paid their prevailing wage based on the prevailing scheduled workweek not to exceed forty (40) hours per week. Leave will be charged to the nearest half-hour in quarter-hour increments. Section 5.12 (Revised April 7, 2005, January 8, 2009, December 18, 2014) Leave Under the Family and Medical Leave Act (“FMLA”) The County complies with the Family and Medical Leave Act (FMLA), which provides eligible employees with up to 12 workweeks (or up to 26 weeks of military caregiver leave to care for a covered servicemember with a serious injury or illness) during a 12-month period. The leave may be paid, unpaid, or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in this policy. of unpaid leave for certain family and medical reasons during a 12 month period. Eligible employees who are family members of covered service members will be able to take up to 26 workweeks of leave in a single twelve (12) month period. During this leave, an eligible employee is entitled to continued group health plan coverage. At the conclusion of the leave, subject to some exceptions, an employee generally has a right to return to the same or equivalent position. The function of this policy is to provide employees with a general description of their FMLA rights. In the event of any conflict between this policy and the applicable law, employees will be afforded all rights required by law. 49 Employee Eligibility Criteria To be eligible for FMLA leave, an employee must have been employed by Isle of Wight County:  for at least 12 months (which need not be consecutive). Separate periods of employment will be counted, provided the break in service does not exceed seven years. Separate periods of employment will be counted if the break in service exceeds seven years due to National Guard or Reserve military service obligations or when there is a written agreement. For eligibility purposes, an employee will be considered to have been employed for an entire week even if the employee was on the payroll for only part of a week or if the employee is on leave during the week.;  for at least 1,250 hours during the 12 month period immediately before the date when the leave is requested to commence. preceding the commencement of the leave The principles established under the Fair Labor Standards Act (FLSA) determine the number of hours worked by an employee. The FLSA does not include time spent on paid or unpaid leave as hours worked. Consequently, these hours of leave shall not be counted in determining the 1,250 hours eligibility test for an employee under FMLA; and  at a worksite (a) with 50 or more employees; or (b) where 50 or more employees are located employed by the County within 75 miles of the that office or worksite. The distance is to be calculated by using available transportation by the most direct route. Events Which May Entitle an Employee to FMLA Leave Types of Leave Covered FMLA leave may be taken for any To qualify as FMLA leave under this policy, the employee must be taking leave for one or more of the following reasons: a. The birth of a child and in order to care for that child; the employee’s 50 child or to care for the newborn child; b. The placement of a child with the employee for adoption or foster care, and/or to care for the newly placed child; c. To care for the employee’s spouse, child, or parent (but not in-law) with a serious health condition (described below); d. The employee’s own serious health condition that makes the employee unable to perform one or more of the essential functions of his or her job. e. Because of a qualifying exigency arising out of the fact that the employee’s spouse, son or daughter, or parent is on active duty or called to covered active duty status in support of contingency operations as a member of the National Guard or Reserves (described below); and/or, f. Because the employee’s spouse, son or daughter, parent, or next of kin of a covered service member or veteran requires care due to a with a serious injury or illness (described below). A “serious health condition” is defined as a condition that requires an injury, illness, impairment, or physical or mental condition that involves: inpatient care in at a hospital, hospice, or residential medical facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care or a condition that requires or continuing treatment by a licensed health care provider. This policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy absences. Employees with questions about what illnesses are covered under the FMLA policy or under the County’s sick leave policy are encouraged to consult with the County’s Human Resources Department. Leave taken under a “qualifying exigency” is defined as leave, up to 12 51 weeks in duration, taken by families of members of the National Guard or Reserves or of a regular component of the Armed Forces when the covered military member is on covered active duty or called to covered active duty and must be for one of the following: short-notice deployment, military events and activities, child care and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, and additional activities that arise out of active duty, provided that the employer and employee agree, including agreement on timing and duration of leave. The leave may commence as soon as the individual receives the call- up notice. Eligible employees are entitled to FMLA leave to care for a current member of the Armed Forces, including a member of the National Guard or Reserves, or a member of the Armed Forces, the National Guard or Reserves who is on the temporary disability retired list, who has a serious injury or illness incurred in the line of duty on active duty for which he or she is undergoing medical treatment, recuperation, or therapy; or otherwise in out-patient status; or otherwise on the temporary disability retired list. Eligible employees may not take leave under this provision to care for former members of the Armed Forces, former members of the National Guard or Reserves, and members of the permanent disability retired list. This type of leave would be counted towards the employee’s 12-week maximum of FMLA leave in a 12-month period. Leave taken to care for an injured or ill servicemember or veteran, up to 26 weeks in duration, who was injured or incurred an illness in the line of duty while on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces). FMLA leave already taken for other reasons will be deducted from the total of 26 weeks available. Limits on FMLA Leave Leave to care for a newborn or for a newly placed child must conclude within 12 months after the birth or placement of the child. When both spouses are employed by Isle of Wight County, they are together 52 entitled to a combined total of 12 workweeks of FMLA leave within the designated 12 month period for the birth, adoption, or foster care placement of a child with the employees; for aftercare of the newborn or newly placed child; and to care for a parent (but not in-law) with a serious health condition. Each spouse may be entitled to additional FMLA leave for other FMLA qualifying reasons. For example, if each spouse took 6 weeks of leave to care for a healthy newborn child, each could later use an additional 6 weeks due to his/her own serious health condition or to care for a spouse, child, or parent with a serious health condition. When both spouses are employed by Isle of Wight County and each wishes to take leave to care for a covered injured or ill servicemember, each spouse may only take a combined total of 26 weeks of leave. Intermittent or Reduced Work Schedule Leave “Intermittent leave” is leave taken in separate blocks of time due to a single qualifying reason. “Reduced work schedule leave” is leave that reduces an employee’s usual number of hours per workweek or hours per workday, resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of 12 workweeks (or 26 workweeks to care for an injured or ill servicemember or veteran over a 12-month period). Leave to care for a newborn or a newly placed child must be taken all at once, and may not be taken intermittently or on a reduced work schedule. Leave taken because of an employee’s own serious health condition, or to care for an employee’s spouse, child, or parent with a serious health condition, may be taken all at once or, where medically necessary, intermittently or on a reduced work schedule. If an employee takes leave intermittently or on a reduced work schedule basis, the employee must, when requested, attempt to schedule the leave so as not to unduly disrupt the County’s operations. When an employee takes intermittent or reduced work schedule leave for the employee or employee’s family member and for foreseeable planned medical treatment, the County may temporarily transfer the employee to an alternative position with equivalent pay and benefits for which the employee is qualified and which 53 better accommodates recurring the intermittent or reduced work schedule periods of leave. Requests for FMLA Leave All employees requesting FMLA leave must provide verbal or written notice of the need for the leave to the Human Resources Department. Within five business days after the employee has provided this notice, the Human Resources Department will complete and provide the employee with the Department of Labor Notice of Eligibility and Rights. The employee will be provided the An employee should request FMLA leave by completing the Request for Family/Medical Leave form and submitting it to the Director of Human Resources Human Resources Department. When leave is foreseeable for childbirth, placement of a child or planned medical treatment for the employee’s or family member’s serious health condition, the employee must provide the County with at least 30 days advance notice, or such shorter notice as is practicable (i.e., within 1 or 2 business days of learning of the need for the leave). When the timing of the leave is not foreseeable, the employee must provide the County with notice of the need for leave as soon as practicable (i.e., within 1 or 2 business days of learning of the need for leave). comply with the County’s usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances. Required Documentation When leave is taken to care for a family member, the County may require the employee to provide documentation or statement of family relationship (e.g., birth certificate or court document). An employee may shall be required to submit medical certification from a health care provider to support a request for FMLA leave for the employee’s or a family member’s serious health condition. Medical certification forms (Department of Labor Certification of Health Care Provider for Employee’s Serious Health Condition form) are available in the Human Resources Department. The employee must respond to such a request for medical 54 certification within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. During FMLA leave, the County may request that the employee provide recertification of a serious health condition at intervals in accordance with the FMLA. In addition, during FMLA leave, the employee must provide the County with periodic reports regarding the employee’s status and intent to return to work. The County may provide the employee’s health care provider with the employee’s attendance records and ask whether the need for leave is consistent with the employee’s serious health condition. If the employee’s anticipated return to work date changes and it becomes necessary for the employee to take more or less leave than originally anticipated, the employee must provide the County with reasonable advance notice (i.e., within 4 business days) of the employee’s changed circumstances and new return to work date. If the employee gives the County notice of intent not to return to work, the employee will be considered to have voluntarily resigned. Before the employee returns to work from FMLA leave for the employee’s own serious health condition, the employee may be required to submit a fitness for duty certification from the employee’s health care provider, with respect to the condition for which the leave was taken, stating that the employee is able to resume work. The County has the right to ask for a second opinion if it has reason to doubt the certification. The County will pay for any such second opinion necessary. To certify a qualifying exigency for military FMLA leave, the County will require certification within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. Qualifying exigency forms (Department of Labor Certification of Qualifying Exigency for Military Leave form) are available in the Human Resources Department. To certify a serious injury or illness of the covered servicemember or veteran, the County will require certification within 15 days of the request or provide 55 a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. Certification forms (Department of Labor Certification for Serious Injury or Illness of Covered Servicemember form) are available in the Human Resources Department. FMLA leave or return to work may be delayed or denied if the appropriate documentation is not provided in a timely manner. Also, a failure to provide requested documentation of the reason for an absence from work may lead to termination of employment. Use of Paid or Unpaid Leave FMLA provides eligible employees with up to 12 (or 26) workweeks of unpaid leave. If the employee has accrued paid leave (e.g., annual or sick leave), however, Therefore, FMLA leave may be paid, unpaid, or a combination of paid and unpaid leave, depending on the circumstances of the leave and the employee’s accrued paid leave available. An employee who is taking FMLA leave because of the employee’s own serious health condition or the serious health condition of a family memberThe employee must use any qualifying paid leave first prior to being eligible for unpaid leave. Qualifying paid leave is leave that would otherwise be available to the employee for the purpose for which the FMLA leave is taken. The remainder of the 12 (or 26) workweeks of leave, if any, will be unpaid FMLA leave. Any paid leave used for an FMLA qualifying reason will be charged against an employee’s entitlement to FMLA leave. The substitution of paid leave for unpaid leave does not extend the 12 (or 26) workweek leave period. An employee who is taking leave for the adoption or foster care of a child must use all paid annual and personal leave prior to being eligible for unpaid leave. An employee who is using military FMLA leave for a qualifying exigency must use all paid annual and personal leave prior to being eligible for unpaid leave. Designation of Leave Within five business days after the employee has submitted the appropriate certification form, the Human Resources Department will notify provide the 56 employee with a written response to the employee’s request for FMLA leave (using the Department of Labor Designation Notice). that leave has been designated as FMLA leave. The County may provisionally designate the employee’s leave as FMLA leave if the County has not received medical certification or has not otherwise been able to confirm that the employee’s leave qualifies as FMLA leave. Sick leave may be run concurrently with FMLA leave if the reason for the FMLA leave is covered by the established policy. Leave for the birth of a child and for an employee’s serious health condition, including workers’ compensation leave (to the extent that it qualifies), will be designated as FMLA leave and will run concurrently with FMLA. If the employee has leave to be counted as FMLA leave, the employee must notify the Director of Human Resources Human Resources Department within 2 business days of the employee’s return to work that the leave was for an FMLA reason. If an employee takes paid leave for a condition that progresses into a serious health condition and the employee requests unpaid leave as provided under this policy, the County may designate all or some portion of related leave taken as FMLA leave, to the extent that the earlier leave meets the necessary qualifications. Maintenance of Health Insurance Benefits and other Benefits During FMLA leave, an employee is entitled to continued group health plan coverage at the same level and under the same conditions as if the employee had continued to work. If the employee chooses not to return to work for reasons other than a continued serious health condition of the employee or the employee’s family member or a circumstance beyond the employee’s control, the County will require the employee to reimburse the County the amount it paid for the employee’s health insurance premium during the leave period. To the extent that an employee’s FMLA leave is paid, the employee’s portion of health insurance premiums will be payroll-deducted from the employee’s salary paycheck. While on unpaid leave, the employee must continue to make this payment, either in person or by mail. For the portion of FMLA leave that is unpaid, the employee’s portion of health insurance premiums may be paid at the same time as if made by payroll deduction. 57 If the employee’s payment of health insurance premiums is more than 30 days late, the County may discontinue health insurance coverage for the duration of the leave upon at least 15 days’ notice to the employee prior to the employee’s loss of coverage. If the employee contributes to a life insurance plan, disability plan, or any other voluntary contributions to benefit plans, the County will continue making payroll deductions while the employee is on paid FMLA leave. While the employee is on unpaid FMLA leave, the County will discontinue coverage during the FMLA leave. Upon the employee’s return from FMLA leave, payroll deductions will recommence. Return to Work From Approved Leave Upon the return to work from approved FMLA leave that was twelve (12) workweeks or less in duration, the employee will be restored to the position of employment held by the employee when the leave commenced or restored to an equivalent position with equivalent status, benefits, pay, and other terms and conditions of employment. An employee that takes FMLA leave that was twelve (12) workweeks or less in duration may be required to provide a fitness for duty clearance from the health care provider stating that the employee is able to resume work and/or if there are any limitations. This requirement will be included in the employer’s response to the FMLA request. An employee’s return to work may be delayed or denied if the appropriate documentation is not provided in a timely manner. Also, a failure to provide requested documentation of the reason for an absence from work may lead to termination of employment. Limitations on Reinstatement An employee is entitled to reinstatement only if he/she would have continued to be employed had FMLA not been taken. Thus, an employee is not entitled to reinstatement if, because of a layoff, reduction in force, or other reason, the 58 employee would not be employed at the time job restoration is sought. The County reserves the right to deny reinstatement to salaried, eligible employees who are among the highest paid ten (10) percent of the County’s employees employed within 75 miles of the worksite (“key employees”) if such denial is necessary to prevent substantial and grievous economic injury to the County’s operations. Failure to Return to Work Following FMLA Leave If the employee does not return to work following the conclusion of FMLA leave, the employee will be considered to have voluntarily resigned. The County may recover health insurance premiums that were paid in on behalf of the employee during an unpaid FMLA leave except that the County’s share of such premiums may not be recovered if the employee fails to return to work because of other circumstances beyond the employee’s control. In such cases, the County may require the employee to provide medical certification of the employee’s or family member’s serious health condition. Additional Information For further information or clarification about FMLA leave, please contact the Human Resources Department. ARTICLE VI Benefits (Revised January 17, 2002, September 1, 2005, December 15, 2005, October 16, 2006, October 4, 2007, November 15, 2007, July 1, 2008, December 4, 2008, November 20, 2014, December 18, 2014) Section 6.3 Holidays (Revised October 4, 2007, July 1, 2008, December 18, 2014) 59 Isle of Wight County shall observe the following holidays and other such holidays as may be prescribed by the Board of Supervisors or by the Governor of the Commonwealth of Virginia: New Year’s Day First day of January Lee/Jackson Day Friday preceding Third Monday in January King Day Third Monday in January Washington’s Birthday Third Monday in February Memorial Day Last Monday in May Independence Day Fourth day of July Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day Eleventh day of November Thanksgiving Day Fourth Thursday in November and the Day after Thanksgiving Day Christmas Day Twenty-fifth day of December and the day before or after Christmas Day If any holiday falls on Saturday, then the Friday preceding the holiday shall be observed. If the holiday falls on Sunday, the following Monday shall be observed. The Board of Supervisors may adjust the schedule to accommodate special circumstances. If a regular employee is required to work on a holiday, he/she shall receive regular pay plus compensatory time off. All regular full-time employees shall be entitled to holiday benefits equal to the employee’s regularly scheduled hours of work. All regular part-time employees shall be entitled to a paid holiday of four (4) hours. If a part-time employee is required to work on a holiday, he/she shall receive regular pay plus compensatory time off equal to one-half of the employee’s scheduled work hours for the holiday. An employee who has an unexcused absence for any part of the workday preceding or following a holiday shall not receive holiday pay. All regular full-time employees shall be entitled to holiday time off with pay equal to the employee’s regularly scheduled hours of work. All regular part- time employees (those regularly scheduled for 20-29 hours per week) shall be 60 entitled to time off with pay equal to four (4) hours. An employee forfeits eligibility to be compensated for the holidays observed by the County unless the employee works the last scheduled work day before the holiday and the first scheduled work day after the holiday or is on approved leave with pay. If a regular non-exempt full-time employee is required to work on a holiday, he/she shall receive his/her regular rate of pay for all hours worked plus compensatory time off. If an exempt employee is required to work on a holiday, he/she shall receive compensatory time off equal to the hours worked to be taken another time. If any part-time employee is required to work on a holiday, regardless of his/her status, he/she shall receive pay at the rate of time and a half for all hours worked on the holiday. Assignments for work on a holiday must be approved in advance by the department head or his/her designated representative. Given that the County recognizes the preceding Friday or following Monday but an eligible employee may be required to work on the actual holiday, the employee will be eligible for holiday pay in accordance with this holiday for any hours worked on both the day the County recognizes the holiday and for any work on the actual holiday. An employee who has an unexcused absence for any part of the workday preceding or following a holiday shall not receive holiday pay. An employee who is on approved leave with pay during a period in which a holiday falls, shall not be charged leave for the observed holiday. An employee who is on military leave with pay during a period in which a holiday falls, shall not receive any additional pay or compensatory leave for the holiday. An employee on Workers’ Compensation Leave will not receive holiday pay. In the case of an employee who terminates employment and the last day actually worked is the last work day before a holiday, the employee is not eligible for holiday pay unless the holiday is the last day of the pay period and the employee has been on active status for the full pay period. For Religious or other National Holidays, with leave approved by the supervisor, an employee may request authorized leave with pay as follows:  Request charged to compensation time off (if applicable)  Request charged to annual or personal leave 61 The motion was adopted by vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. County Administrator Seward presented a request from the Smithfield Town Council for an Intergovernmental Relations Committee meeting and she was directed to convey the Board’s desire to conduct an Intergovernmental meeting with the Smithfield Town Council sometime in January or February 2015. Frank A. Halton, Director of General Services, provided highlights of a Pro- Rata Share Policy for Utility System Construction, more commonly known as a cost participation policy, the procedures for establishing such a policy and associated incentives. Supervisor Casteen moved that the Public Utility Pro-Rata Share Policy be adopted. The motion was adopted by vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Responsive to County Administrator Seward’s recommendation to set its 2015 organization meeting, Chairman Bailey moved that the Board conduct its organizational meeting on January 5, 2015 at 11:00 a.m. The motion was adopted by vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Responsive to County Administrator Seward’s request for a joint work session with the Industrial Development Authority, Chairman Bailey moved that the Board conduct a joint work session with the Industrial Development Authority on Tuesday, January 13, 2015 at 4:00 p.m. The motion was adopted by vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. // 62 County Administrator Seward highlighted the following informational items contained in the agenda for the Board’s information: Tax Levies & Collections as of November 2014/Cash Position/Statement of the Treasurer’s Accountability; Health Department Renovation and Ribbon Cutting; Fire and Rescue Activity Report; County Website Statistics –November 2014; Charter Price Adjustment Notice; Quarterly Financial Report Detail from November 20, 2014 Meeting; Isle of Wight Volunteer Rescue Squad Ribbon Cutting; Litter Pickup Schedule; and, the FY2015-16 Budget Calendar. // At 8:30 p.m., the Chairman declared the meeting adjourned. _____________________ 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 Chamber of CommerceAnne SewardJanuary 2015 Hampton Roads Economic Development AllianceChairmanNo Set Term 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 Mayors & ChairsChairmanJanuary 2015 Southeastern Public Service AuthoritySewardDecember 2017 Popovich/Alternate December 2017 Southside Mayors and ChairsChairmanJanuary 2015 Western Tidewater Regional Jail AuthorityAlphinNo Set Term JeffersonNo Set Term Seward/AlternateNo Set Term Western Tidewater Water AuthorityDardenJune 2014 CasteenJune 2014 SewardJune 2014 Popovich/Alternate June 2014 Regional Reports - P3 (Appointed by Board Vote) BOARD MEMBER REGIONAL REPRESENTATIVE Terms for Regional Organizations Chamber Annual Ex-Officio Appointment HREDAAnnual/Chairman Serves HRMFFAAnnual Appointment HRPDC No Set Term (per AFS) HRTAC Chairman Serves/No Set Term HRTPO Need Alternate Appointed (they have JoAnn Hall)/No Set Term M&C Annual/Chairman Serves SPSA Four-Year Term Four-Year Term SM&Chairs Annual/Chairman Serves WTRJA No Set Term Evelyn/WTRJA @ 539-3119 WTWA Four-Year Term Frank Ziesemer/City of Suffolk @ 514-7024 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 Bo a r d  of  Bu i l d i n g  Ap p e a l s M i c h e l l e  Jo n e s H a r d y M a r c h 2 0 1 5 Bo a r d  of  Zo n i n g  Ap p e a l s C h r i s t y  Le i t n e r / R E S I G N E D C a r r s v i l l e M a y 2 0 1 8 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 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 J u n e 2 0 1 4 Ch a m b e r  of  Co m m e r c e A n n e  Se w a r d E x ‐Of f i c i o 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 B e n  Ri d e o u t / R E S I G N E D C a r r s v i l l e N o v e m b e r 2 0 1 5 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 Ec o n o m i c  De v e l o p m e n t  Au t h o r i t y R i c h a r d  J.  Ho l l a n d A p r i l 2 0 1 5 Em e r g e n c y  Co m m u n i c a t i o n s  Ce n t e r R e p l a c e m e n t  fo r  Ru s t y  Ch a s e Hi s t o r i c a l  Ar c h i t e c t u r a l  Re v i e w  Co m m i t t e e R u s s e l l  J.  Pa r r i s h N e w p o r t A p r i l 2 0 1 5 Ma y o r s  & Ch a i r s  Ca u c u s B u z z  Ba i l e y  (C h a i r m a n  20 1 4 ) J a n u a r y 2 0 1 5 Pl a n n i n g  Co m m i s s i o n J a m e s  P.  OʹBr i a n t W i n d s o r F e b r u a r y 2 0 1 5 Pl a n n i n g  Co m m i s s i o n D o n  Ro s i e C a r r s v i l l e F e b r u a r y 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 s i d e  Ma y o r s  an d  Ch a i r s B u z z  Ba i l e y  (C h a i r m a n  20 1 4 ) J a n 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 Te r m  Expires 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 (A p p o i n t e d  by  Bo a r d  Vo t e )   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 We s t e r n  Ti d e w a t e r  Re g i o n a l  Ja i l  Au t h o r i t y R e x  Al p h i n J a n u a r y 2 0 1 5 We s t e r n  Ti d e w a t e r  Re g i o n a l  Ja i l  Au t h o r i t y R u d o l p h  Je f f e r s o n J a n u a r y 2 0 1 5 We s t e r n  Ti d e w a t e r  Re g i o n a l  Ja i l  Au t h o r i t y A n n e  Se w a r d  (A l t e r n a t e ) J a n u a r y 2 0 1 5 We s t e r n  Ti d e w a t e r  Wa t e r  Au t h o r i t y D e e  De e  Da r d e n I O W  Re p r e s e n t a t i v e J u n e 2 0 1 4 We s t e r n  Ti d e w a t e r  Wa t e r  Au t h o r i t y A l  Ca s t e e n J u n e 2 0 1 4 We s t e r n  Ti d e w a t e r  Wa t e r  Au t h o r i t y A n n e  Se w a r d J u n e 2 0 1 4 We s t e r n  Ti d e w a t e r  Wa t e r  Au t h o r i t y M a r k  Po p o v i c h  (A l t e r n a t e ) J u n e 2 0 1 4 We t l a n d s  Bo a r d D a v i d  Mo o s e H a r d y J u n e 2 0 1 5 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 (A p p o i n t e d  by  Bo a r d  Vo t e )   March 19, 2015/jlo/ VDOT Presentation-Rt 460 Project Update ISSUE: VDOT Presentation – Route 460/Commonwealth Connector Project Update BACKGROUND: Angel Deem, VDOT Environmental Division Director, will present an update to the Board on the Route 460/Commonwealth Connector project, and be available to address questions on the project. BUGETARY IMPACT: None RECOMMENDATION: For the Board’s information. ATTACHMENTS: None March 19, 2015/CBM/ Special Presentation – Reassessment Report ISSUE: Special Presentation – Reassessment Report by the Commissioner of the Revenue BACKGROUND: Gerald Gwaltney, Commissioner of the Revenue, will present the results of the biennial reassessment of real estate as completed by the Isle of Wight County Board of Assessors and Wampler-Eanes, the County’s real estate reassessment contractor. BUDGETARY IMPACT: To be determined upon receipt of the reassessment results. RECOMMENDATION: Receive the Reassessment Report from the Commissioner of the Revenue ATTACHMENT: None March 19, 2015/fah ISSUE: Special Presentation – Public Utilities Rate Study BACKGROUND: Staff has engaged a financial management consultant to perform a rate study for the County’s public utilities. Amy Santos, Associate Vice President with Arcadis US, Inc. will present information to the Board regarding the results and recommendations of the rate study. BUGETARY IMPACT: The anticipated new rates will be reflected in the proposed operating budget and will potentially generate additional revenues for the public utility and reduce the contribution from the County’s General Fund. RECOMMENDATION: For the Board’s information. ATTACHMENTS: Presentation Slides ISSUE: Motion – Authorize the Sale of the Old Isle of Wight Rescue Squad Building to the Town of Smithfield BACKGROUND: In accordance with the Deed and Agreement, recorded in the Isle of Wight County Circuit Court Clerk’s Office in Deed Book 298, Page 849, the County and Town of Smithfield agreed to each own a one-half interest in any buildings and accessory improvements made on property owned by the Town of Smithfield for use in the provision of emergency rescue services to the citizens of Isle of Wight County. According to the terms, once that facility ceases to be used as the location of the Isle of Wight Volunteer Rescue Squad, the Town of Smithfield has the option to purchase the County’s interest in the facility under certain appraisal conditions. Three official appraisals have been obtained as set forth in the Deed and Agreement and the one-half interest owned by the County has been valued at $255,000. BUDGETARY IMPACT: Revenues will increase by $255,000. RECOMMENDATION: Authorize the Chairman to execute the Deed of Bargain and Sale for sale of the former Isle of Wight Volunteer Rescue Squad Building. ATTACHMENT: Deed of Bargain and Sale 1 THIS DEED IS EXEMPT FROM THE TAXES IMPOSED BY SEC. 58.1-801 and 802 PURSUANT TO THE PROVISIONS OF SECTION 58.1-811 A. 3 and C.4. CONSIDERATION: $255,000.00 GRANTEE’S ADDRESS: P.O. Box 246 Smithfield, VA 23430 THIS INSTRUMENT PREPARED BY: WILLIAM H. RIDDICK, III (VSB#24217) Riddick Babineau, P.C. P.O. Box 190 MAP NO. 22-01-005G Smithfield, VA 23430 THIS DEED OF BARGAIN AND SALE, made and entered into this the ____ day of March, 2015, by and between the BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA, a body politic of the Commonwealth of Virginia, of the first part, hereinafter called Grantor and “the County”; and the TOWN OF SMITHFIELD, a Virginia municipal corporation, of the second part, hereinafter called Grantee and “the Town”: WITNESSETH: WHEREAS, the Town of Smithfield is the fee simple owner of all that certain real property in the Town of Smithfield, Isle of Wight County, Virginia (hereinafter “the Property”) and described as follows: All of that certain lot, piece or parcel of land situate, lying and being in the Town of Smithfield, County of Isle of Wight, State of Virginia, containing 3.369 acres, according to a plat of survey entitled “Plat Showing Subdivision of Property Owned by Howard Gwaltney to be Conveyed to Town of Smithfield, Town of Smithfield, Isle of Wight County, Virginia Scale: 1”=200’ Dec. 14, 1982 Robert T. Addison & Associates, Ltd. Surveying – Engineering Portsmouth, Virginia”, a copy of which plat is recording in the Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia, in Plat Book 11, Page 24, the said lot being bounded and described with reference to the aforesaid plat of survey as follows: Beginning at a pin set in the western boundary of Route 10 in the northeastern corner of a lot marked “not included”, and running thence S. 79° 12’ 30” W. 500.00 feet to a pin, a corner; thence running S. 12° 37’ 30” E. 320.00 feet to a pin found; Formatted: Height: 11" 2 thence running 13° 28’ 28” E. 133.91 feet to a Va. Dept. of Highways Monument, a corner; thence running along the right of way of the Smithfield Bypass N. 67° 00’ 44” W. 497.61 feet to a pin, a corner; thence running N. 5° 59’ 35” E. 216.12 to a pin found, a corner; thence running N. 79° 12’ 30” E. 833.73 feet to a pin in the western boundary of Route 10, a corner; thence running along the western boundary of Route 10 S. 12° 37’ 30” E. 30.00 feet to a pin, the point of beginning. WHEREAS, by that certain Deed and Agreement dated September 18, 1984, recorded in Deed Book 298, page 849 in the Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia, the Town of Smithfield and the County of Isle of Wight agreed that each party would own a one-half undivided interest in a building and accessory improvement for the purpose of providing emergency rescue and ambulance services to the citizens of the Town and County, which said building, facilities and improvements were collectively referred to therein as the “Facility” and which have been constructed upon the Property; and, WHEREAS, the County has constructed a new permanent facility for fire and rescue services at a different location and will no longer use the original Facility on the Property for that purpose; and, WHEREAS, pursuant to the terms set forth in the aforesaid Deed and Agreement dated September 18, 1984 the Town has agreed to purchase the one-half undivided interest in the Facility owned by the County. NOW THEREFORE, in consideration of these premises and the sum of Two Hundred Fifty-five Thousand ($255,000.00) Dollars, cash in hand paid by Grantee to Grantor, receipt of which is here acknowledged, Grantor does hereby grant, bargain, sell and convey unto Grantee, with GENERAL WARRANTY OF TITLE and ENGLISH COVENANTS OF TITLE, all of its right, title and interest, being a one-half undivided interest in and to all those building, facilities and improvements which comprise the Facility located upon the Property as more particularly described by reference to the Deed and Agreement dated September 18, 1984, recorded in Deed Book 298, page 849 in the Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia. 3 And by these same presents, Grantor does hereby forever release and remise all of its right, title and interest in and to the 30 foot wide lane used for ingress and egress to and from the Facility and South Church Street. And the Grantee by accepting and recording this deed does hereby acknowledge that Grantor’s obligations to pay for maintenance and repair of the Facility are hereby terminated. This conveyance is made expressly subject to the easements, conditions, restrictions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by a limitation of time contained therein or have not otherwise become ineffective. IN WITNESS WHEREOF, the Board of Supervisors of Isle of Wight County, Virginia has caused these presents to be executed on its behalf by its Chairman, all pursuant to the provisions of a certain resolution duly adopted by the Board of Supervisors at its regular meeting held on March ______, 2015, pursuant to the provision of the statutes in such cases made and provided. BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA By____________________________________________) Rex Alphin, Chairman Approved as to form: _________________________________ Mark C. Popovich, County Attorney 4 COMMONWEALTH OF VIRGINIA, COUNTY OF ISLE OF WIGHT, to-wit: I, _____________________________________, a Notary Public for the County of Isle of Wight, State of Virginia, do hereby certify that Rex Alphin, whose name as Chairman of the Board of Supervisors of Isle of Wight County, Virginia is signed to the writing hereto annexed, bearing date the ______ day of March, 2015, personally appeared before me in my said County and in the name and on behalf of the Board of Supervisors of Isle of Wight County, Virginia acknowledged said writing and the act and deed of the said Board of Supervisors. Given under my hand this the __________ day of______________, 2015. ______________________________________ Notary Public My commission expires: ________________________ 5 ACCEPTANCE OF DEED Pursuant to Section 15.2-1803 of the Code of Virginia (1950), as amended, and as authorized by the Town Code, William H. Riddick, III, Town Attorney for the Town of Smithfield, hereby accepts the foregoing Deed dated March _____, 2015 from the Board of Supervisors of Isle of Wight County, Virginia to the Town of Smithfield, this acceptance being executed on behalf of the Town Council of the Town of Smithfield by William H. Riddick, III, Town Attorney. Given under my hand as Town Attorney and authorized representative for the Town Council of the Town of Smithfield. TOWN OF SMITHFIELD ____________________________________ William H. Riddick, III, Town Attorney COMMONWEALTH OF VIRGINIA COUNTY OF ISLE OF WIGHT, TO-WIT: The foregoing instrument was acknowledged before me this _____ day of ______________, 2015, by William H. Riddick, III, Town Attorney. My commission expires: __________________. ____________________________________ Notary Public March 19, 2015/CBM ISSUE: Ordinance - Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 15. Taxation. By Enacting Article VII. Appeals of Real Estate Assessments BACKGROUND: Currently, the Isle of Wight County Code does not stipulate a time period for property owners to appeal assessments in the years in which real estate reassessments are conducted or place an end date on when the Board of Equalization shall dispose of appeals. The practice has been to provide property owners with a full year to appeal real estate reassessments to the BOE. As a result, the County does not have time to amend its operating budget mid-year to address any reduction of real estate tax revenue resulting from an adjustment granted by the BOE. Staff is proposing an ordinance to amend and reenact Chapter 15. Taxation. of the Isle of Wight County Code by enacting Article VII concerning appeals of real estate assessments. The ordinance would provide property owners until July 30th to submit an application of appeal to the Board of Equalization (BOE). Additionally, the ordinance would require the BOE to conduct appeal hearings and dispose of all appeals received from property owners within 60 days (September 30th) of the BOE filing deadline. Staff has contacted a number of other localities to determine the normal time provided for BOE appeals and dispositions. By in large other localities provide between 30 to 60 days for property owners to appeal their assessments and 30 to 90 days for disposition of appeals by BOEs. Staff recommends the County adopt an ordinance that provides property owners until July 30th to file an appeal and September 30th (60 days) for the BOE to hear and dispose of all appeals. March 19, 2015/CBM BUDGETARY IMPACT: There is no budgetary impact. RECOMMENDATION: Adopt an Ordinance to Amend and Reenact Chapter 15. Taxation. of the Isle of Wight County Code by Enacting Article VII. Appeals of Real Estate Assessments ATTACHMENT: Ordinance     AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 15. TAXATION. BY ENACTING ARTICLE VII. APPEALS OF REAL ESTATE ASSESSMENTS. WHEREAS, pursuant to Section 58.1-3378 of the Code of Virginia (1950, as amended), the Board of Supervisors may provide by ordinance the date by which applications must be made by property owners or lessees seeking relief from the Board of Equalization for inequality in the equalization of real estate assessment and/or that real estate is assessed at more than fair market value; and WHEREAS, the Board of Supervisors may also provide the deadline by which all applications shall be finally disposed of by the Board of Equalization; and WHEREAS, the Board of Supervisors desires to establish July 30th of the year for which an assessment was made as the deadline to apply to the Board of Equalization for relief and September 30th of the year for which an assessment was made as the deadline by which all applications shall be finally disposed. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 15. Taxation. of the Isle of Wight County Code be amended and reenacted by enacting Article VII. Appeals of Real Estate Assessments as follows: ARTICLE VII. APPEALS OF REAL ESTATE ASSESSMENTS. Sec. 15-37. Deadline for appeal of assessment to board of assessors and board of equalization. Any real property owner or lessee in the county shall have the right to appeal any assessment thereof to the county’s Board of Assessors as permitted in accordance with Section 58.1-3330 of the Code of Virginia (1950, as amended). Any appellant who either (i) remaining unsatisfied with the action taken on appeal to the Board of Assessors or (ii) who otherwise complains of their assessment may appeal to the county’s Board of Equalization by making application at any time prior to July 31st of the year which the assessment was made. Any appeal not timely filed shall not be considered. Sec. 15-38. Board of equalization – established. Pursuant to Section 58.1-3370 of the Code of Virginia (1950, as amended), there is created in the County of Isle of Wight a Board of Equalization which shall be called the Isle of Wight County Board of Equalization. Such board shall consist of not less than three (3) nor more than five (5) members appointed by the Isle of Wight Circuit Court for     a term expiring one (1) year after the effective date of the assessment for which they were appointed. Sec. 15-39. Same – qualification; appointment. Members of the Board of Equalization shall meet the requirements set forth in Section 58.1-3374 of the Code of Virginia (1950, as amended). Not later than June 1st of each year in which there is a general reassessment of real estate in the county, the Board of Supervisors shall, by resolution, submit the name of not less than three (3) nor more than five (5) qualified residents of the county, a majority of whom shall be freeholders in the county, to the Isle of Wight Circuit Court for consideration for appointment to the Board of Equalization pursuant to Section 58.1-3370 of the Code of Virginia (1950, as amended). Once appointed, the board shall elect a chairman and a secretary from among its members. Sec. 15-40. Same – powers; procedures. The Board of Equalization shall have and may exercise the power to increase, decrease or affirm any assessment of real estate of which complaint is made, and to that end shall have all powers conferred upon boards of equalization by the Code of Virginia. All applications for relief timely filed shall be finally disposed of by the board not later than sixty (60) days after the deadline for appeal to the Board of Equalization as set out in Section 15-37. If no applications for relief are received by the deadline for appeal, the board shall be deemed to have discharged its duties for the year unless it deems it appropriate to meet on its own motion. Sec. 15-41. Same – public notice of hearings. Pursuant to Section 58.1-3378 of the Code of Virginia (1950, as amended), public notice of each sitting of the Board of Equalization shall be given at least ten (10) days beforehand by publication in a newspaper having general circulation in the county and by posting the notice at the courthouse and each public library, voting precinct, or both. Such posting shall be done by the Sheriff or his deputy. Such notice shall inform the public that the board shall sit at the place or places and on the days named therein for the purpose of equalizing real estate assessments and for the purpose of hearing complaints of inequities wherein the property owners allege a lack of uniformity in assessment or errors in acreage in such real estate assessments. The board shall also hear complaints that real property is assessed at more than fair market value. Adopted this 19th day of March, 2015. Rex Alphin, Chairman Board of Supervisors     Attest: Carey Mills-Storm, Clerk Approved as to Form: Mark C. Popovich, County Attorney March 19, 2015/RDR     ISSUE: Resolution – Amend the Comprehensive Plan through Changes to the Text and Maps in Chapter 4, “Growth Management and Land Use”. BACKGROUND: The purpose for these changes is to respond to county and market conditions which have evolved significantly since the adoption of the Comprehensive Plan.   The Board of Supervisors, as part of its three (3) year financial plan, directed staff to develop a long-term strategic plan. In response, County staff from multiple departments has been developing, over the course of several months, the ISLE 2040 Plan. The ISLE 2040 Plan was presented to the Board of Supervisors and Planning Commission (PC) at the Board’s Retreat in August 2014. At its October 2014 meeting, the Board directed staff to proceed with moving the plan forward through a public education and feedback process. Staff has conducted over 20+ public meetings on the plan, received feedback and amended the original proposal where appropriate in response to citizen input. The plan is to address the multiple challenges currently facing the County through a focused change in the County’s long range planning. RECOMMENDATION: At its January 27, 2015 meeting, the Planning Commission recommended approval of the Comprehensive Plan update by a vote of 7-1. Staff recommends approval of the Comprehensive Plan Update. ATTACHMENTS: - Resolution - PC Staff Report and Attachments RESOLUTION TO AMEND THE COMPREHENSIVE PLAN TO REVISE CHAPTER 4 GROWTH MANAGEMENT AND LAND USE 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 January 27, 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 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 March 19, 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 of the Isle of Wight County Comprehensive Plan, to include all text amendments to Chapter Four and Map 4-9 as presented on this date. Adopted this 19th day of March, 2015. Rex W. Alphin, Chairman Carey Mills Storm, Clerk Approved as to Form: _________________________________ Mark C. Popovich, County Attorney Planning Commission Meeting January 27, 2015 RDR Comprehensive Plan Amendments PLANNING REPORT APPLICATION: A resolution to amend the Comprehensive Plan of Isle of Wight County, Virginia through changes to the text and maps in Chapter 4, “Growth Management and Land Use”. 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 have been developing, over the course of several months, the 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 the County through a focused change in the County’s long range planning. Some of the challenges the county faces include: Planning Commission Meeting January 27, 2015 RDR Comprehensive Plan Amendments  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+/- 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 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, and the development community cannot build a product in the County which they believe can be sold. Therefore they are not building anything. 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 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 Planning Commission Meeting January 27, 2015 RDR Comprehensive Plan Amendments 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 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 customers. Under the current land use scenario the county would only reach 9,000+/- total customers including those already existing 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 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. The proposed plan protects the agricultural community while allowing for a shift in the composition of the tax base over time. This shift Planning Commission Meeting January 27, 2015 RDR Comprehensive Plan Amendments will have a stronger fiscal benefit for the county and also take pressure off the agricultural community. 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 the reduced lot sizes which are preferred in the current market. The increase also supports more apartment and multi-family housing options necessary under current market conditions.  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 area previously within the NDSO, incorporates an important civic location into the NDSO, and supports the long term growth within the county while minimizing the impact to the agricultural community. 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 community, and allows for the development Planning Commission Meeting January 27, 2015 RDR Comprehensive Plan Amendments 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 community, and allows for the development of properties adjacent to areas already slated for development.  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 residential growth and to allow for commercial development to be more integrated within the community. It also reflects a changing dynamic 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 MEETING: 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 Planning Commission Meeting January 27, 2015 RDR Comprehensive Plan Amendments UR land use as well as overall goals of the plan, some considerations for this decision are:  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 with the proposed residential character of 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. Planning Commission Meeting January 27, 2015 RDR Comprehensive Plan Amendments 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 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.  There were several questions pertaining to background information such as planning in the Windsor area and growth in sectors beyond residential. o Staff will be addressing these concerns through some additional slides and bullet points in the ISLE 2040 presentation which has been updated since the December Planning Commission meeting. 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  Comprehensive Plan Chapter 4 final version  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. Comprehensive Plan 4-11 Isle of Wight County, Virginia Table 4-2 PROPOSED LAND USE DISTRICTS ISLE OF WIGHT COUNTY COMPREHENSIVE PLAN Land Use District Location Character Appropriate Land Use Resource Areas Resource Conservation Area Areas dominated by environmental features which are particularly sensitive to development (e.g. wetlands, flood prone areas, streams and stream buffers, unique habitat areas and Resource Protection Areas as defined by the Chesapeake Bay Preservation Act). Includes substantial land areas in the James River and the Blackwater River watersheds. Character is reflected in environmental features including extensive wetlands, flood prone areas, estuaries, and stream systems. Character is largely undeveloped with land cover dominated by wetlands, forest cover or farmland. Wetlands, Farms and Forest Uses. Open Space and Limited Park Facilities in appropriate locations. Greenways, blueways and trails in appropriate location. Rural Service Districts Rural/Agricultural Conservation This land use type is intended to cover the vast majority of the County that is outside the development service districts and encompasses the large areas devoted to agriculture and forest land. Dominated by agricultural land and forested areas, these areas contain the main land resource base in the County. Small groupings and scattered residential uses dot the landscape. While the tendency is for new development to be stripped out along the roads, the farmstead cluster should be encouraged as the preferred model for future rural development. Agriculture, horticulture, forest lands, and scattered residential development at a low density. Non-farm uses, such as resource extraction, and small scale processing of the agricultural and forest products may be accommodated when appropriately sited. Village Center These areas comprise the small communities outside the development service district located at rural crossroads that serve as the institutional, commercial, social and religious focal points of rural areas within the County.. These areas are characterized by clusters of residential development surrounding predominately small scale country stores, churches and other essential services of the rural community. Detached single family residences Limited commercial, social, religious and institutional uses that predominately serve the residents of the rural service area. Land Use District Location Character Appropriate Land Use Development Service Districts Conservation Development Area Areas which are currently undeveloped near or adjacent to environmental resources which are sensitive to disturbances Currently rural with land cover dominated by farm and forest uses with some limited, large lot (over 2 acres in size) single family Farm and Forest Uses. Single Family Residential development in Comprehensive Plan 4-12 Isle of Wight County, Virginia associated with land development Areas removed from major transportation routes or planned locations for public sewer and water facilities. development. In many cases serves as an edge district between suburban residential or suburban estates areas and resource conservation areas. Future Development form is generally very low density, clustered in form, with 50% or more of sites developed maintained in farm, forest or open space. either large lot form (5 acres) or in clustered form with smaller lots and substantial areas retained in farm, forest, or open space uses. Densities of approximately 1 unit per five (5) acres with densities adjusted depending on the presence of sensitive resources (wetlands and floodplains). Limited Public and semi-public uses which are supportive of resource protection, conservation, and open space uses. Civic Areas which are currently developed or are proposed to develop for a civic or institutional use such as schools, parks, municipal uses, police, and emergency services. Areas should be adjacent to major intersections or transportation routes and existing or proposed sewer and water facilities. Development should provide opportunities for extension of collector streets to interconnect with adjacent sites, as well as pedestrian facilities, where appropriate. Character should be of a high quality as civic institutions are important benchmarks for the community. This should be achieved through landscaping standards, specific development design, public access, and protection of open space where appropriate. Public facilities such as municipal offices, schools, libraries, police, fire and rescue, and parks. Comprehensive Plan 4-13 Isle of Wight County, Virginia Suburban Estate Locations suitable for development that have or will have access to public sewer and water, but are not immediately adjacent to removed from major transportation routes. While areas already developed exist, new areas would generally not be located adjacent to Mixed Use Activity Centers or Business and Employment Centers, and would serve as a transition from the County’s densest residential areas to the rural areas on the service district fringe. Existing areas with a density of 1 to 2 units per acre (.5 to 1 acre lots), such as Carrisbrook and Carrollton Forest, are included in these areas. Development would be limited to single family residential development at densities ranging from .5 to 1 1 to 3 units per acre (40,000 sq/ft to 14,000 sq/ft 1 to 2 acre lot sizes). Extension of existing streets to interconnect with adjacent sites of similar character should be encouraged is required to the fullest extent possible. Loop lanes and roads, rather than cul-de-sacs are preferred. Character would be defined and established by landscaping standards, development design standards, provision for parks, common areas and open space and conservation development practices. Single family detached residential development in typical or clustered form. Neighborhood parks and playgrounds. Open space, including sensitive natural features such as wetlands, floodprone areas, forest cover, and other features that reflect important cultural landscape elements or viewsheds that should be protected or retained. Development should be compact in form, with trails linked to any future Greenway system of trails. Land Use District Location Character Appropriate Land Use Development Service Districts Suburban Residential These locations are in close proximity to major transportation routes and existing or proposed sewer and water facilities. Areas proposed as suburban residential are largely meant to serve as a transition from Suburban Estate to Urban Residential, adjacent to Mixed Use Activity Centers, and Business & Employment areas, or adjacent to residentially developed areas within the Towns. Development could include single family or multifamily residential development would be limited to a at densityies of up to 4 4 to 6 units per acre (.25 to 1 acre 10,000 sq/ft to 7,000 sq/ft lot sizes) Development should provide opportunities for extension of collector streets to interconnect with adjacent sites of similar character. Traditional grid or modified grid patterns and loop lanes rather than cul-de- sacs would be encouraged. Character would be defined by landscaping standards, specific development design codes and standards, provision for neighborhood parks, common areas and open space and conservation development practices that may permit clustering of development as a trade-off for retention of open space. Single family detached or multifamily duplex residential development. Neighborhood parks and playgrounds. Open space, including sensitive natural features such as wetlands, flood prone areas, forest cover, and other features that reflect important cultural landscape elements or viewsheds that should be protected or retained. Development should be compact in form, with trails linked to any future Greenway system of trails. Public and semi-public uses (e.g. schools, libraries, churches) may be appropriate when closely related to the scale and intensity of residential uses. Urban Residential These locations are designated to Development with densities of 6 to 10 units A wide range of residential types, Comprehensive Plan 4-14 Isle of Wight County, Virginia accommodate development at a higher, largely residential, density. They should be located at existing or future major road intersections, where public sewer and water are proposed with a capacity for more intensive development. Areas proposed Urban Residential should be adjacent to Mixed Use Activity Centers, Business & Employment areas, or adjacent to highly developed areas within the Towns per acre (7,000 sq/ft to 4,000 sq/ft lot size), including single family or multifamily residential development. Development should provide for extension of collector streets to interconnect with adjacent sites. Layout should be traditional grid or modified grid patterns rather than cul-de-sacs. Character should be defined by landscaping standards, specific development design codes and standards, provision for neighborhood parks, common areas and open space and conservation development practices that may permit clustering of development as a trade-off for retention of open space. including single family detached on small lots, single family attached and townhouses, and apartments. Existing Commercial Shopping Centers and related retail sales establishment. Existing cultural, religious, and educational facilities. Mixed Use Activity Center These areas are designated for a mixture of uses at existing or future major road intersections, where public sewer and water are proposed with a capacity for more intensive development. Activity Centers should consist of large tracts that allow for extensive planning to accommodate a diversity and integration of uses Areas already designated for townhouses and apartments along with existing major commercial facilities are also included. Development with densities of up to 10 -12 not less than 10 units per acre, and up to 15 units per acre. Higher densities can be considered during the review process. These activity centers are characterized by a high degree of planning, with an emphasis on pedestrian scale and a high standard of landscaping, open and public spaces, and building design. Use of traditional neighborhood development (TND) principles strongly encouraged including mixed land uses, clearly defined streetscapes using smaller front yards on narrow lots to foster a sense of enclosure and architectural character reminiscent of the late 19th and early 20th Century. A wide range of residential types, including single family detached on smaller lots, single family attached and townhouses, and apartments. Existing or proposed Commercial Shopping Centers and related retail sales establishment. Existing or proposed cultural, religious, and educational facilities. Comprehensive Plan 4-15 Isle of Wight County, Virginia Business & Employment These areas are located at existing or future major road intersections or where the roads are adequate to accommodate traffic flows, and where public sewer and water are proposed with a capacity for intensive development. Planned office parks and large independent facilities in park-like or campus style surrounds. Non-vehicular links to Activity Centers and adjoining residential uses should be provided Offices and related support retail services and facilities. Community Shopping Centers when planned as integral facilities. Light manufacturing, research and development, and similar clean industrial uses conducted entirely within buildings that are compatible with surrounding development. Planned Industrial Locations with access to major highway corridors and/or rail service and where public sewer and water and other public facilities are or will be adequate to accommodate industrial development. Areas where existing industry and industrial zoning are included in these areas. Industrial areas should be confined areas designed for production and distribution, yet buffered from adjoining residential uses. Non-vehicular links to Activity Centers and adjoining residential uses should be provided Light and heavy manufacturing, warehousing and distribution activities, and associated uses. Commercial uses, limited retail and services supportive of surrounding industrial uses should be allowed. 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 seven 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 1,837 20% 17.6% Urban Residential 661 6.3% Civic 305 2.9% Business and Employment 610 117 9% 1.1% Suburban Residential 532 2,790 9% 26.7% Suburban Estate 3550 4,384 53% 41.9% Other (includes Right of Way) 300 361 4% 3.5% Total 6,706 10,455 100% 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. Route 17 Corridor Master Plan Comprehensive Plan 4-31 Isle of Wight County, Virginia 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;  Promote Best Management Practices facilities (BMPs) that enhance the site design and promote Comprehensive Plan 4-32 Isle of Wight County, Virginia 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 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 Comprehensive Plan 4-33 Isle of Wight County, Virginia 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 2015 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 a Village Center. Comprehensive Plan 4-34 Isle of Wight County, Virginia 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 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 Comprehensive Plan 4-35 Isle of Wight County, Virginia 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 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 Comprehensive Plan 4-36 Isle of Wight County, Virginia 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 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 Comprehensive Plan 4-37 Isle of Wight County, Virginia 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 substantially higher or incompatible with surrounding neighborhoods. Moreover, development approval should not proceed absent proffers that provide substantial public benefits and demonstrated consistency Comprehensive Plan 4-38 Isle of Wight County, Virginia 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 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 Comprehensive Plan 4-39 Isle of Wight County, Virginia 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. The purpose of the Highway Corridor District is to protect and improve the quality of visual appearances Comprehensive Plan 4-40 Isle of Wight County, Virginia 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.  Use of reverse lot frontage concepts to shield off-street parking area behind buildings and landscaping. Comprehensive Plan 4-41 Isle of Wight County, Virginia  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. 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 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. Comprehensive Plan 4-11 Isle of Wight County, Virginia Table 4-2 PROPOSED LAND USE DISTRICTS ISLE OF WIGHT COUNTY COMPREHENSIVE PLAN Land Use District Location Character Appropriate Land Use Resource Areas Resource Conservation Area Areas dominated by environmental features which are particularly sensitive to development (e.g. wetlands, flood prone areas, streams and stream buffers, unique habitat areas and Resource Protection Areas as defined by the Chesapeake Bay Preservation Act). Includes substantial land areas in the James River and the Blackwater River watersheds. Character is reflected in environmental features including extensive wetlands, flood prone areas, estuaries, and stream systems. Character is largely undeveloped with land cover dominated by wetlands, forest cover or farmland. Wetlands, Farms and Forest Uses. Open Space and Limited Park Facilities in appropriate locations. Greenways, blueways and trails in appropriate location. Rural Service Districts Rural/Agricultural Conservation This land use type is intended to cover the vast majority of the County that is outside the development service districts and encompasses the large areas devoted to agriculture and forest land. Dominated by agricultural land and forested areas, these areas contain the main land resource base in the County. Small groupings and scattered residential uses dot the landscape. While the tendency is for new development to be stripped out along the roads, the farmstead cluster should be encouraged as the preferred model for future rural development. Agriculture, horticulture, forest lands, and scattered residential development at a low density. Non-farm uses, such as resource extraction, and small scale processing of the agricultural and forest products may be accommodated when appropriately sited. Village Center These areas comprise the small communities outside the development service district located at rural crossroads that serve as the institutional, commercial, social and religious focal points of rural areas within the County.. These areas are characterized by clusters of residential development surrounding predominately small scale country stores, churches and other essential services of the rural community. Detached single family residences Limited commercial, social, religious and institutional uses that predominately serve the residents of the rural service area. Land Use District Location Character Appropriate Land Use Development Service Districts Conservation Development Area Areas which are currently undeveloped near or adjacent to environmental resources which are sensitive to disturbances Currently rural with land cover dominated by farm and forest uses with some limited, large lot (over 2 acres in size) single family Farm and Forest Uses. Single Family Residential development in Comprehensive Plan 4-12 Isle of Wight County, Virginia associated with land development Areas removed from major transportation routes or planned locations for public sewer and water facilities. development. In many cases serves as an edge district between suburban residential or suburban estates areas and resource conservation areas. Future Development form is generally very low density, clustered in form, with 50% or more of sites developed maintained in farm, forest or open space. either large lot form (5 acres) or in clustered form with smaller lots and substantial areas retained in farm, forest, or open space uses. Densities of approximately 1 unit per five (5) acres with densities adjusted depending on the presence of sensitive resources (wetlands and floodplains). Limited Public and semi-public uses which are supportive of resource protection, conservation, and open space uses. Civic Areas which are currently developed or are proposed to develop for a civic or institutional use such as schools, parks, municipal uses, police, and emergency services. Areas should be adjacent to major intersections or transportation routes and existing or proposed sewer and water facilities. Development should provide opportunities for extension of collector streets to interconnect with adjacent sites, as well as pedestrian facilities, where appropriate. Character should be of a high quality as civic institutions are important benchmarks for the community. This should be achieved through landscaping standards, specific development design, public access, and protection of open space where appropriate. Public facilities such as municipal offices, schools, libraries, police, fire and rescue, and parks. Comprehensive Plan 4-13 Isle of Wight County, Virginia Suburban Estate Locations suitable for development that have or will have access to public sewer and water, but are not immediately adjacent to major transportation routes. While areas already developed exist, new areas would generally not be located adjacent to Mixed Use Activity Centers or Business and Employment Centers, and would serve as a transition from the County’s densest residential areas to the rural areas on the service district fringe. Existing areas such as Carrisbrook and Carrollton Forest, are included in these areas. Development would be limited to single family residential development at densities ranging from 1 to 3 units per acre (40,000 sq/ft to 14,000 sq/ft lot sizes). Extension of existing streets to interconnect with adjacent sites is required to the fullest extent possible. Loop lanes and roads, rather than cul-de-sacs are preferred. Character would be defined and established by landscaping standards, development design standards, provision for parks, common areas and open space and conservation development practices. Single family detached residential development in typical or clustered form. Neighborhood parks and playgrounds. Open space, including sensitive natural features such as wetlands, floodprone areas, forest cover, and other features that reflect important cultural landscape elements or viewsheds that should be protected or retained. Development should be compact in form, with trails linked to any future Greenway system of trails. Land Use District Location Character Appropriate Land Use Development Service Districts Suburban Residential These locations are in close proximity to major transportation routes and existing or proposed sewer and water facilities. Areas proposed as suburban residential are largely meant to serve as a transition from Suburban Estate to Urban Residential, Mixed Use Activity Centers, and Business & Employment areas. Development could include single family or multifamily residential development at densities of 4 to 6 units per acre (10,000 sq/ft to 7,000 sq/ft lot sizes) Development should provide opportunities for extension of collector streets to interconnect with adjacent sites. Traditional grid or modified grid patterns and loop lanes rather than cul-de-sacs would be encouraged. Character would be defined by landscaping standards, specific development design codes and standards, provision for neighborhood parks, common areas and open space and conservation development practices that may permit clustering of development as a trade-off for retention of open space. Single family detached or duplex residential development. Neighborhood parks and playgrounds. Open space, including sensitive natural features such as wetlands, flood prone areas, forest cover, and other features that reflect important cultural landscape elements or viewsheds that should be protected or retained. Development should be compact in form, with trails linked to any future Greenway system of trails. Public and semi-public uses (e.g. schools, libraries, churches) may be appropriate when closely related to the scale and intensity of residential uses. Urban Residential These locations are designated to accommodate development at a higher, Development with densities of 6 to 10 units per acre (7,000 sq/ft to 4,000 sq/ft lot size), A wide range of residential types, including single family detached on small Comprehensive Plan 4-14 Isle of Wight County, Virginia largely residential, density. They should be located at existing or future major road intersections, where public sewer and water are proposed with a capacity for more intensive development. Areas proposed Urban Residential should be adjacent to Mixed Use Activity Centers, Business & Employment areas, or adjacent to highly developed areas within the Towns including single family or multifamily residential development. Development should provide for extension of collector streets to interconnect with adjacent sites. Layout should be traditional grid or modified grid patterns rather than cul-de-sacs. Character should be defined by landscaping standards, specific development design codes and standards, provision for neighborhood parks, common areas and open space and conservation development practices that may permit clustering of development as a trade-off for retention of open space. lots, single family attached and townhouses, and apartments. Existing Commercial Shopping Centers and related retail sales establishment. Existing cultural, religious, and educational facilities. Mixed Use Activity Center These areas are designated for a mixture of uses at existing or future major road intersections, where public sewer and water are proposed with a capacity for more intensive development. Activity Centers should consist of large tracts that allow for extensive planning to accommodate a diversity and integration of uses Areas already designated for townhouses and apartments along with existing major commercial facilities are also included. Development with densities of not less than 10 units per acre, and up to 15 units per acre. Higher densities can be considered during the review process. These activity centers are characterized by a high degree of planning, with an emphasis on pedestrian scale and a high standard of landscaping, open and public spaces, and building design. Use of traditional neighborhood development (TND) principles strongly encouraged including mixed land uses, clearly defined streetscapes using smaller front yards on narrow lots to foster a sense of enclosure and architectural character reminiscent of the late 19th and early 20th Century. A wide range of residential types, including single family detached on smaller lots, single family attached and townhouses, and apartments. Existing or proposed Commercial Shopping Centers and related retail sales establishment. Existing or proposed cultural, religious, and educational facilities. Comprehensive Plan 4-15 Isle of Wight County, Virginia Business & Employment These areas are located at existing or future major road intersections or where the roads are adequate to accommodate traffic flows, and where public sewer and water are proposed with a capacity for intensive development. Planned office parks and large independent facilities in park-like or campus style surrounds. Non-vehicular links to Activity Centers and adjoining residential uses should be provided Offices and related support retail services and facilities. Community Shopping Centers when planned as integral facilities. Light manufacturing, research and development, and similar clean industrial uses conducted entirely within buildings that are compatible with surrounding development. Planned Industrial Locations with access to major highway corridors and/or rail service and where public sewer and water and other public facilities are or will be adequate to accommodate industrial development. Areas where existing industry and industrial zoning are included in these areas. Industrial areas should be confined areas designed for production and distribution, yet buffered from adjoining residential uses. Non-vehicular links to Activity Centers and adjoining residential uses should be provided Light and heavy manufacturing, warehousing and distribution activities, and associated uses. Commercial uses, limited retail and services supportive of surrounding industrial uses should be allowed. 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, encompassed 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 seven 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 1,837 17.6% Urban Residential 661 6.3% Civic 305 2.9% Business and Employment 117 1.1% Suburban Residential 2,790 26.7% Suburban Estate 4,384 41.9% Other (includes Right of Way) 361 3.5% Total 10,455 100% 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. 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 Comprehensive Plan 4-31 Isle of Wight County, Virginia 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;  Promote Best Management Practices facilities (BMPs) that enhance the site design and promote health and safety. Comprehensive Plan 4-32 Isle of Wight County, Virginia  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 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 Comprehensive Plan 4-33 Isle of Wight County, Virginia 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 2015 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 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 Comprehensive Plan 4-34 Isle of Wight County, Virginia 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 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. Comprehensive Plan 4-35 Isle of Wight County, Virginia 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 future commercial and industrial forms of development within the DSDs 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 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. Comprehensive Plan 4-36 Isle of Wight County, Virginia 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 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. Comprehensive Plan 4-37 Isle of Wight County, Virginia 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 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 Comprehensive Plan 4-38 Isle of Wight County, Virginia 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 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. Comprehensive Plan 4-39 Isle of Wight County, Virginia 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. 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 Comprehensive Plan 4-40 Isle of Wight County, Virginia 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.  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. Comprehensive Plan 4-41 Isle of Wight County, Virginia 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. March 19, 2015/RDR/ISLE 2040 Zoning Ordinance Amendment     ISSUE: Ordinance – Amend and Reenact Various County Code Sections (Appendix B, Zoning: Article IV, Zoning Districts and Boundaries; Article V, Supplementary Use Regulations; Article X, Vehicle Parking Facilities) Based on the ISLE 2040 Plan.  BACKGROUND: Revisions to the Zoning Ordinance are being proposed by Staff in an effort to better align the County’s zoning classifications with the land uses identified in the comprehensive plan, to provide options that 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 February 24, 2015 meeting, the Planning Commission recommended approval of the Zoning Ordinance Amendments by a vote of 7-1. Staff recommends approval of the Zoning Ordinance Amendments. ATTACHMENTS: - Ordinance - January PC Staff Report and Attachments - February PC Update Memo   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: * 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 * Stable, private B. Residential uses: * 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: * Accessory apartment • Residential accessory apartment • Commercial accessory apartment 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: * 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: Seven thousand (7,000) 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 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: Six (6) 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.) Sec. 4-7007. - Reserved 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: * Accessory apartment • Residential accessory apartment • Commercial accessory apartment * 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: * 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. 4. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width of district. (7-7-05.) Sec. 4-8005. Bulk regulations. A. Maximum building height: 1. All buildings: Forty-five (45) feet or four (4) stories, whichever is lesser. B. Maximum density: 1. Conventional single-family subdivision: Ten (10) 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 C. Minimum setback requirements: 1. Front yard: Twenty (20) feet. 2. Side yard: Five (5) feet. 3. Rear yard: Twenty (20) feet. F. Maximum lot coverage: ..... Sixty percent (60%). (7-7-05.) Sec. 4-8006. - Additional regulations. H. 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. I. 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. J. Refer to article VII for general design guidelines and development review procedures. K. Refer to article VIII for landscaping and open space standards. L. Refer to article IX for sign standards. M. Refer to article X for vehicle parking facilities requirements. N. Refer to article XI for outdoor lighting requirements and restrictions. (7-7-05.) Sec. 4-8007. – Reserved 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 F. 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: ..... Fifteen (15) 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: Fifteen (15) 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 shall 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. (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 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 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 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 1 space per 1,000 sq. ft. manufacturing 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.) Adopted this 19th day of March, 2015 Rex W. Alphin, Chairman Attest: Carey Mills Storm, Clerk Approved as to Form: _________________________________ Mark C. Popovich, County Attorney Planning Commission Meeting January 27, 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 January 27, 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 six (6) units, makes the necessary adjustments to the dimensional requirements, and provides increased flexibility by allowing for accessory apartments and 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, and provides increased flexibility by allowing for accessory apartments. 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 January 27, 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 January 27, 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. Isle of Wight County, Virginia, Code of Ordinances Page 1 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. Isle of Wight County, Virginia, Code of Ordinances Page 2 * 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. Isle of Wight County, Virginia, Code of Ordinances Page 3 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. Isle of Wight County, Virginia, Code of Ordinances Page 4 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. Isle of Wight County, Virginia, Code of Ordinances Page 5 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 Seven thousand (15,000 7,000) 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 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. Isle of Wight County, Virginia, Code of Ordinances Page 6 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 Six (3 6) 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. Isle of Wight County, Virginia, Code of Ordinances Page 7 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. Isle of Wight County, Virginia, Code of Ordinances Page 8 * 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. Isle of Wight County, Virginia, Code of Ordinances Page 9 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. 4. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width of district. (7-7-05.) Sec. 4-8005. 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. Isle of Wight County, Virginia, Code of Ordinances Page 10 1. 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. F. 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. Isle of Wight County, Virginia, Code of Ordinances Page 11 H. 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. I. 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. J. Refer to article VII for general design guidelines and development review procedures. K. Refer to article VIII for landscaping and open space standards. L. Refer to article IX for sign standards. M. Refer to article X for vehicle parking facilities requirements. N. 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. Isle of Wight County, Virginia, Code of Ordinances Page 12 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. Isle of Wight County, Virginia, Code of Ordinances Page 13 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.F. 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. Isle of Wight County, Virginia, Code of Ordinances Page 14 * 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. Isle of Wight County, Virginia, Code of Ordinances Page 15 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. Isle of Wight County, Virginia, Code of Ordinances Page 16 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. Isle of Wight County, Virginia, Code of Ordinances Page 17 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. Isle of Wight County, Virginia, Code of Ordinances Page 18 * 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. Isle of Wight County, Virginia, Code of Ordinances Page 19 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. Isle of Wight County, Virginia, Code of Ordinances Page 20 * 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 IV. Zoning Districts and Boundaries. Isle of Wight County, Virginia, Code of Ordinances Page 1 Village Center - Sec. 4-4002. Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, use and design standards, for those specific uses. A. Agricultural uses: Agriculture • Agricultural farming operation Farmer's market * Forestry operation • Forestry, silvicultural Greenhouse, private * Wayside stand B. Residential uses: Dwelling, single-family * Family day care home Group home * Home occupation, Type I * Home occupation, Type II * Temporary emergency housing C. Civic uses: Administrative service * Community center Post office * Utility service/minor D. Commercial uses: * Construction office, temporary Real estate office, temporary E. Miscellaneous uses: * Amateur radio tower (7-7-05.) APPENDIX B. - ZONING.* Article IV. Zoning Districts and Boundaries. Isle of Wight County, Virginia, Code of Ordinances Page 2 Sec. 4-4003. 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 • Grain dryer and related structures • Fertilizer storage • Assembly and repair of farm equipment • Livestock operation • Agricultural service towers and antennas Aquaculture * Commercial feedlot * Farm employee housing * Forestry operation • Timbering * Livestock auction market * Stable, commercial • In conjunction with residence • Not in conjunction with residence * Stable, private B. Residential uses: * Accessory apartment • Residential accessory apartment • Commercial accessory apartment * Dwelling, multifamily conversion * Dwelling, two-family * Manufactured home, Class A C. Civic uses: * Adult care center Assisted living facility APPENDIX B. - ZONING.* Article IV. Zoning Districts and Boundaries. Isle of Wight County, Virginia, Code of Ordinances Page 3 * Cemetery • Animal • Church • Private • Public * Child care center Club Cultural service * Educational facility, primary/secondary Halfway house Park and ride facility * Public maintenance and service facility Public park and recreational area Public safety service * Religious assembly * Utility service/major D. Office uses: Financial institution General office 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 • Farm and forestry implement storage, sales and service * Antique shop Auction establishment * Bed and breakfast Boarding house APPENDIX B. - ZONING.* Article IV. Zoning Districts and Boundaries. Isle of Wight County, Virginia, Code of Ordinances Page 4 Car wash Commercial indoor amusement Commercial indoor entertainment * Commercial indoor sports and recreation * Commercial outdoor swimming pool and tennis court * Convenience store * Flea market * Funeral home * Garden center * Gasoline station * Golf course * Golf driving range * Marina Medical clinic Motor vehicle parts/supply retail Motor vehicle repair service/major Motor vehicle repair service/minor Personal improvement service Personal service Restaurant, drive-in fast food Restaurant, general Retail sales Studio, fine arts Taxidermy Veterinary hospital/clinic F. Industrial uses: * Construction yard Convenience center Custom manufacturing APPENDIX B. - ZONING.* Article IV. Zoning Districts and Boundaries. Isle of Wight County, Virginia, Code of Ordinances Page 5 G. Miscellaneous uses: * Communication tower Hunt club * Reconstructed wetland (Ord. No. 2011-11-C, 7-7-11; Ord. No. 2013-1-C, 4-18-13.) Neighborhood Conservation - Sec. 4-5002. Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: * Forestry operation • Forestry, silvicultural 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. 4-5003. Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: APPENDIX B. - ZONING.* Article IV. Zoning Districts and Boundaries. Isle of Wight County, Virginia, Code of Ordinances Page 6 Agriculture • Livestock operation Greenhouse, private * Stable, private B. Residential uses: * Accessory apartment • Residential accessory apartment * Community recreation * Condominium * Dwelling, multifamily conversion * Dwelling, two-family * Guest house * Home occupation, Type II * Multifamily dwelling * Townhouse C. Civic uses: * Cemetery • Animal • Church • Private • Public * Child care center Club Cultural service Halfway house * Public park and recreational area Public safety service * Religious assembly * Utility service/major APPENDIX B. - ZONING.* Article IV. Zoning Districts and Boundaries. Isle of Wight County, Virginia, Code of Ordinances Page 7 D. Commercial uses: * Commercial outdoor swimming pool and tennis facility * Golf course * Golf driving range * Marina E. Miscellaneous uses: * Communication tower * Reconstructed wetland (7-7-05; Ord. No. 2013-1-C, 4-18-13.) 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: APPENDIX B. - ZONING.* Article IV. Zoning Districts and Boundaries. Isle of Wight County, Virginia, Code of Ordinances Page 8 * 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: * 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 APPENDIX B. - ZONING.* Article IV. Zoning Districts and Boundaries. Isle of Wight County, Virginia, Code of Ordinances Page 9 * 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. APPENDIX B. - ZONING.* Article IV. Zoning Districts and Boundaries. Isle of Wight County, Virginia, Code of Ordinances Page 10 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. Isle of Wight County, Virginia, Code of Ordinances Page 11 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: Seven thousand (7,000) 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 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. APPENDIX B. - ZONING.* Article IV. Zoning Districts and Boundaries. Isle of Wight County, Virginia, Code of Ordinances Page 12 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: Six (6) 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 APPENDIX B. - ZONING.* Article IV. Zoning Districts and Boundaries. Isle of Wight County, Virginia, Code of Ordinances Page 13 * 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 APPENDIX B. - ZONING.* Article IV. Zoning Districts and Boundaries. Isle of Wight County, Virginia, Code of Ordinances Page 14 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: APPENDIX B. - ZONING.* Article IV. Zoning Districts and Boundaries. Isle of Wight County, Virginia, Code of Ordinances Page 15 1. With public sewer and water: Forty (40) 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. 4-8005. Bulk regulations. A. Maximum building height: 1. All buildings: Forty-five (45) feet or four (4) stories, whichever is lesser. B. Maximum density: 1. Conventional single-family subdivision: Ten (10) 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 C. Minimum setback requirements: 1. Front yard: Twenty (20) feet. 2. Side yard: Five (5) feet. 3. Rear yard: Twenty (20) feet. F. Maximum lot coverage: ..... Sixty percent (60%). (7-7-05.) Sec. 4-8006. - Additional regulations. H. 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. I. 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. J. Refer to article VII for general design guidelines and development review procedures. K. Refer to article VIII for landscaping and open space standards. L. Refer to article IX for sign standards. M. Refer to article X for vehicle parking facilities requirements. N. 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 APPENDIX B. - ZONING.* Article IV. Zoning Districts and Boundaries. Isle of Wight County, Virginia, Code of Ordinances Page 16 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 APPENDIX B. - ZONING.* Article IV. Zoning Districts and Boundaries. Isle of Wight County, Virginia, Code of Ordinances Page 17 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 APPENDIX B. - ZONING.* Article IV. Zoning Districts and Boundaries. Isle of Wight County, Virginia, Code of Ordinances Page 18 * Public park and recreation area Public safety service * Religious assembly * Utility service/major D. Office uses: Medical office F. 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. APPENDIX B. - ZONING.* Article IV. Zoning Districts and Boundaries. Isle of Wight County, Virginia, Code of Ordinances Page 19 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 APPENDIX B. - ZONING.* Article IV. Zoning Districts and Boundaries. Isle of Wight County, Virginia, Code of Ordinances Page 20 * 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 APPENDIX B. - ZONING.* Article IV. Zoning Districts and Boundaries. Isle of Wight County, Virginia, Code of Ordinances Page 21 (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 APPENDIX B. - ZONING.* Article IV. Zoning Districts and Boundaries. Isle of Wight County, Virginia, Code of Ordinances Page 22 * 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 APPENDIX B. - ZONING.* Article IV. Zoning Districts and Boundaries. Isle of Wight County, Virginia, Code of Ordinances Page 23 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.) APPENDIX B. - ZONING.* Article IV. Zoning Districts and Boundaries. Isle of Wight County, Virginia, Code of Ordinances Page 24 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.) 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 Fifteen (14 15) 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: Fifteen (15) 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.) 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 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. APPENDIX B. - ZONING.* Article V. Supplementary Use Regulations. 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. APPENDIX B. - ZONING.* Article V. Supplementary Use Regulations. 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. APPENDIX B. - ZONING.* Article V. Supplementary Use Regulations. 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. APPENDIX B. - ZONING.* Article V. Supplementary Use Regulations. 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 APPENDIX B. - ZONING.* Article V. Supplementary Use Regulations. • 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 APPENDIX B. - ZONING.* Article V. Supplementary Use Regulations. • 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, APPENDIX B. - ZONING.* Article V. Supplementary Use Regulations. 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. APPENDIX B. - ZONING.* Article V. Supplementary Use Regulations. 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. APPENDIX B. - ZONING.* Article V. Supplementary Use Regulations. 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. APPENDIX B. - ZONING.* Article V. Supplementary Use Regulations. 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: ..... Fifteen (15) 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. APPENDIX B. - ZONING.* Article V. Supplementary Use Regulations. 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. APPENDIX B. - ZONING.* Article V. Supplementary Use Regulations. 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: Fifteen (15) 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.) APPENDIX B. - ZONING.* Article V. Supplementary Use Regulations.  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. APPENDIX B. - ZONING.* Article V. Supplementary Use Regulations. 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 shall 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. (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.) 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 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.) Planning Commission Meeting February 24, 2015 RDR Zoning Ordinance Amendments – ISLE 2040 MEMORANDUM DATE: February 19, 2015 TO: Isle of Wight County Planning Commission FROM: Richard Rudnicki, Planner II SUBJECT: Zoning Ordinance Amendments – ISLE 2040 At the January 27, 2015 meeting of the Isle of Wight County Planning Commission (PC), Staff gave presentations on Comprehensive Plan Amendments and Zoning Ordinance Amendments related to the ISLE 2040 plan. The PC recommended approval of the Comprehensive Plan Amendment by a vote of 7-1 and forwarded it to the Board of Supervisors (BOS). The PC had some questions pertaining to the Zoning Ordinance Amendments and tabled them until the next meeting. Staff has looked further into the concerns and has the following recommendations.  There was a concern with Accessory Apartments being permitted in higher density Zoning Districts such as Urban Residential, Planned Development – Residential, and Planned Development – Mixed Use. o The Supplementary Use Regulations pertaining to Accessory Apartments still require that a Conditional Use Permit (CUP) be obtained for any location which does not have one hundred and fifty percent (150%) of the minimum lot size for the district. Therefore in locations that are already built the lot size requirement would have to be met or a CUP would still be required. Any new developments going through the Rezoning process could address accessory apartments at that time, as most already do through their Home Owners Association or Covenants. Staff recommends maintaining this provision as written.  There was a concern pertaining to the definition of open space and whether a golf course can be counted as open space. Specifically, the concern was whether there was a provision that would prevent a golf course from being redeveloped. o A golf course does fall within the definition of open space within the Zoning Ordinance. If a redevelopment project were proposed it would be require the necessary open space requirement for the original project be maintained. The remaining developable land would then set aside the ordinance required portion for open space, resulting in the appropriate net amount of open space for the development as a whole. Staff recommends maintaining this provision as written Recommended Action: Staff recommends approval of the ordinance to the Board of Supervisors as presented. Please bring materials pertaining to this ZO Amendment from your January 27, 2015 packet. Please contact me at 365-6276, or by email at rrudnicki@iwus.net should you have any questions or concerns. ISSUE: Resolution – Adopt Chapter 1: Personnel, Article V, Section 5.14 and Amend Chapter 1: Personnel, Article VI, Section 6.4, Article VII and Article VIII of the County Policy Manual BACKGROUND: Chapter 1: Personnel, Article V, Section 5.14 and amend Article VI, Section 6.4, Article VII and Article VIII provides a new paid leave type for employees of recognition leave, and establishes provisions regarding the County’s participation in the Virginia Retirement System, the County’s disciplinary policy and procedures, and the County’s grievance policy and procedures. Adoption of the new paid leave type for employees (recognition leave) will afford for an incentive-based leave category to be granted for such instances as the recognition of service to the County, in conjunction with the promotion of or participation in safety, health, or wellness initiatives, as well as any other purpose approved and designated by the County Administrator. The amendments to the policy’s wording regarding the Virginia Retirement System, disciplinary policy and procedures, and grievance policy and procedures are necessary in order to clarify the provisions, guidelines, rules and procedures for such. BUDGETARY IMPACT: The budgetary impact of these amendments is unknown but should be minimal due to the granting of recognition leave being reserved for unique and infrequent purposes. RECOMMENDATION: Adopt a Resolution to Adopt Chapter 1: Personnel, Article V, Section 5.14 and Amend Chapter 1: Personnel, Article VI, Section 6.4, Article VII and Article VIII of the County Policy Manual ATTACHMENTS: Resolution RESOLUTION TO ADOPT CHAPTER 1: PERSONNEL, ARTICLE V, SECTION 5.14 AND AMEND CHAPTER 1: PERSONNEL, ARTICLE VI, SECTION 6.4, CHAPTER 1: PERSONNEL, ARTICLE VII AND ARTICLE VIII OF THE COUNTY POLICY MANUAL WHEREAS, the County has established guidelines regarding the provision of paid leave types for employees and desires to adopt a new additional employee paid leave type of Recognition Leave under Chapter 1: Personnel, Article V, Section 5.14 of the County Policy Manual; and WHEREAS, the County has established guidelines regarding the provision of the Virginia Retirement System benefit, disciplinary policy and procedures, and grievance policy and procedures under Chapter 1: Personnel, Article VI, Section 6.4, Article VII, and Article VIII of the County Policy Manual; and WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel, Article VI, Section 6.4, Article VII, and Article VIII of the County Policy Manual to clarify the provisions, guidelines, rules and procedures for the provision of Virginia Retirement System participation, discipline, and grievances; and NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article V, Section 5.14 is adopted and Chapter 1: Personnel, Article VI, Section 6.4, Article VII, and Article VIII of the County Policy Manual is hereby amended as follows: Chapter 1: Personnel ARTICLE V Leave Provisions (Revised September 1, 2005, December 15, 2005, February 2, 2006, April 5, 2007; October 2, 2008; January 8, 2009; June 19, 2014, October 16, 2014, December 18, 2014, March 19, 2015) Section 5.14 (Adopted March 19, 2015) Recognition Leave All personnel are eligible to receive leave hours for the purpose of such instances as the recognition of service to the County, in conjunction with the promotion of or participation in safety, health, or wellness initiatives, or for any other purpose approved by the County Administrator. Recognition leave is intended to provide employees paid leave separate and apart from his/her other available paid leave types. Recognition leave is non-cumulative, must be taken within 90 calendar days of it being granted, and any remaining balance thereof shall be forfeited at the end of the 90 calendar day period. Any recognition leave shall not be paid upon separation of employment, is non-transferrable, and is not compensable in the form of monetary compensation in lieu of paid leave time. Use of recognition leave hours must be scheduled and approved in advance by the employee’s immediate supervisor. Recognition leave shall be granted to an employee for a specific purpose by the Human Resources Department upon approval of the County Administrator or his/her designee. The Human Resources Department shall inform the employee’s department director that such recognition leave has been granted. ARTICLE VI Benefits (Revised January 17, 2002, September 1, 2005, December 15, 2005, October 16, 2006, October 4, 2007, November 15, 2007, July 1, 2008, December 4, 2008, November 20, 2014, December 18, 2014, March 19, 2015) Section 6.4 (Revised December 15, 2005, October 4, 2007, March 19, 2015) Virginia Retirement System The County shall provide membership in the Virginia Retirement System (VRS) in the appropriate state retirement plan for all employees who are eligible under the rules and regulations of the system. Employees are required to contribute to the applicable plan in which they are enrolled and the County pays the employer contribution on behalf of the employee, which varies based on the applicable plan. Provides an employee with retirement benefits if the employee is at least 50 years old and has at least five (5) years of contributions in the VRS. The amount of retirement benefits varies based on factors such as years of covered service, age upon retirement, and salary. The County pays the full cost of the VRS contribution on the employee’s behalf. ARTICLE VII Disciplinary Policy (Revised February 2, 2006, March 19, 2015) Section 7.0 (Revised February 2, 2006, March 19, 2015) Disciplinary Policy There is an exemplary standard of conduct expected of each employee of the County. It is generally interpreted to mean that an employee will conduct himself/herself in a manner compatible with public service. It is also the responsibility of the employee to perform his/her duties to the best of his/her ability and to the standards set forth in the job description. County employees also have the duty and responsibility to be aware of and abide by existing policies, procedures, rules and regulations. No employee shall be disciplined for political or religious reasons or for any other unlawful cause. Where practical, the County's disciplinary procedure shall be progressive in nature. Supervisor Responsibility The immediate supervisor must approach corrective measures in an objective manner. If the employee’s performance of an assigned task is the issue, the supervisor should generally look to see that proper instructions, appropriate orientation, and training have been given and that the employee is aware of job expectations. Not only single incidents, but also patterns of poor performance should be of concern as these are indicative of overall performance. If misconduct is the issue, the supervisor should take steps to insure the employee has been made aware of the County’s policies and regulations regarding the infraction. Disciplinary actions should also include a plan for correction that is clearly communicated with the employee. Section 7.1 Purpose The purpose of this disciplinary policy is to provide supervisors with a fair and objective guide for determining the seriousness of an employee's unsatisfactory work performance or misconduct and selecting the appropriate disciplinary action to correct the unacceptable behavior. Section 7.2 (Revised March 19, 2015) Definitions Verbal Oral Reprimand - A verbal oral reprimand shall be defined as a discussion between the supervisor and the employee where the employee is advised and cautioned about his/her unsatisfactory work performance or misconduct. In order to officially be recorded as an oral reprimand, the oral reprimand shall be documented on the County’s Employee Corrective Action Form and placed in the employee's personnel file. Oral reprimands are not grievable. No oral reprimand shall be given without prior approval by the department of Human Resources. Written Reprimand - A written reprimand shall be defined as a written documentation to the employee from the supervisor wherein the employee is advised and cautioned about his/her work performance or misconduct. The written reprimand shall be documented on the County’s Employee Corrective Action Form and placed in the employee’s personnel file. No written reprimand shall be given without prior approval by the department of Human Resources. Suspension - A suspension shall be defined as the temporary temporarily prohibiting an employee of the employee from performing his/her duties as a result of the employee’s unsatisfactory work performance or misconduct. An employee may be suspended without pay for a period not to exceed 15 workdays with the approval of the department of Human Resources. The suspension period shall be without pay. With the approval of the County Administrator, an employee may be suspended for a longer period. The suspension shall be documented on the County’s Employee Corrective Action Form and placed in the employee’s personnel file. No suspension shall be given without prior approval by the department of Human Resources. Disciplinary Demotion - A disciplinary demotion shall be defined as a reduction of the pay grade of an employee and a change in job duties and responsibilities. The reassignment of an employee to a lower pay grade. An employee who receives a disciplinary demotion shall receive a decrease in salary with the approval of the department of Human Resources. The disciplinary demotion shall be documented on the County’s Employee Corrective Action Form and placed in the employee’s personnel file. No demotion shall be valid without prior approval by the department of Human Resources. Dismissal - A dismissal shall be defined as an involuntary separation from employment initiated by the County employing authority as a result of the employee's unsatisfactory work performance or misconduct. The dismissal shall be documented on the County’s Employee Corrective Action Form or in some other approved written manner and placed in the employee’s personnel file. No dismissal shall be valid without the prior approval by the department of Human Resources. Section 7.3 Applicability All employees within departments which are a part of the classified service shall be covered under this policy. All levels of supervision shall be responsible for the uniform orientation of employees regarding this policy and its fair and equal enforcement. Section 7.4 (Revised March 19, 2015) Policy The County supports the use of progressive discipline to address conduct issues such as poor work performance or misconduct and to encourage employees to become more productive workers and meet County standards and expectations. The County reserves the right to administer appropriate disciplinary action for all forms of disruptive and/or inappropriate behavior. Each situation will be dealt with on an individual basis. The County has established general guidelines to govern the conduct of its employees. No list of rules can include all instances of conduct that can result in discipline and the examples below do not replace sound judgment or common sense behavior. Examples of employee conduct that would lead to discipline and the usual course of disciplinary action have been separated into three groups, according to the severity and impact of the infraction. Violations may warrant differing levels of discipline depending on the level of seriousness. The severity of the discipline chosen by the supervisor must be proportionate to the seriousness of the offense. The County always reserves the right to determine the appropriate level of disciplinary action, including but not limited to disciplinary demotion, oral and written warnings reprimands, suspension, and discharge dismissal. For inadequate or unsatisfactory job performance, the supervisor may, with approval of the County Administrator, place an employee on probationary status. In the event the employee has not achieved satisfactory performance by the end of the probationary period, he/she may be discharged in accordance with the provisions of Section 4.9. Below are some examples of offenses that may lead to disciplinary action. The list is not meant to be all-inclusive or in any way limit the County’s ability to take disciplinary action for offenses not included on this list. First Group Offenses (Examples Only)  Unsatisfactory attendance or tardiness;  Abuse of County time, such as: o Unauthorized time away from work area; or o Failure to notify supervisor promptly of completion of assigned work o Abusing lunch meal periods  Obscene or abusive language;  Contributing to unsanitary or unsafe conditions  Violating the chain of command as described in Article VIII concerning issues arising in the workplace Second Group Offenses (Examples Only)  Failure to follow supervisor's instructions, perform assigned work duties timely, correctly, competently, or at an adequate level of production or otherwise comply with applicable established written policy;  Insubordination;  Incompetency or inefficiency;  Leaving the work area without proper notice to supervisor;  Unauthorized use or misuse of County property or records;  A moving traffic violation while using County vehicles;  Violating safety rules where there is not a threat to life; Third Group Offenses (Examples Only)  Absence or leave in excess of three (3) work days without a satisfactory explanation;  Use of alcohol or unlawful use or possession of controlled substances while on the job, or reporting to work when under the influence of alcohol or controlled substances;  Falsifying any records such as, but not limited to: vouchers, reports, insurance claims, time records, leave records, or other official records;  Willfully or negligently damaging or defacing County records or County or employee property;  Theft or unauthorized removal of County records or County or employee property;  Acts of physical violence or fighting;  Engaging in sexual activities while on the job or on County property;  Violating safety rules where there is a threat to life;  Sleeping during working hours;  Willful dereliction of duty  Participating in any kind of work slowdown, sit down, or similar concerted interference with County operations;  Unauthorized possession or use of firearms, dangerous weapons or explosives;  Threatening or coercing employees or supervisory personnel;  Criminal convictions for acts of conduct occurring on or off the job which are related to job performance or are of such a nature that to continue the employee in the assigned position could constitute negligence in regard to the department's duties to the public or to other County employees;  Violations of the County’s Non-Discrimination and Anti-Harassment Policy;  Demonstrating insubordination, including but not limited to: o Refusal to do an assigned job o Refusal to work overtime when required o Refusal to accept holiday work when assigned o Intentional delay in carrying out an assignment Supervisors may account for mitigating circumstances in determining discipline, but they must document any such mitigating circumstances in writing. All disciplinary actions, with the exception of verbal oral reprimand, are appealable through the grievance procedure. Procedural steps for imposing discipline are set forth on the following pages. The failure of a supervisor to follow these procedural steps will not, of itself, render the discipline invalid or improper. However, the supervisor's failure to follow the procedure may be separately grieved by an employee and may be included in an evaluation of the supervisor's job performance. Section 7.5 (Revised March 19, 2015) Reprimands Reprimands are given for offenses which are less severe in nature but which require correction in the interest of maintaining a productive and well- managed work force. The form of the reprimand may be either verbal oral or written. a. A supervisor should first discuss the offense with the employee and advise him/her of the need for correction. If the situation is not corrected, the employee should be given an Employee Corrective Action Notice designating the reprimand as either an Oral or Written Reprimand and emphasizing the need for correcting his/her behavior. written notice to emphasize the need for correcting his/her behavior. b. No reprimand shall be relied upon as a basis for further disciplinary action unless it is documented in writing and a copy forwarded to the Human Resources Department for inclusion in the employee's official personnel file. c. Once a reprimand is reduced to writing, as provided above, a copy shall be hand delivered and signed “received” by the employee or mailed to the employee by certified mail (return receipt requested) if hand-delivery is not practical. d. Written r Reprimands shall be cumulative in nature and shall remain on file. After three (3) reprimands, the supervisor should suspend the employee. Such suspension shall not exceed three (3) workdays. A fourth written reprimand will normally result in termination. Prior to suspending or dismissing an employee, the department director or supervisor must: a. Meet with the employee to discuss the problem; b. Give the employee a reasonable amount of time to respond; c. Review the employee's responses and any available information regarding the problem; and d. Prepare a written statement of the problem, the employee's response, a summary of findings, action being taken, a warning to what further disciplinary action could result if the situation is not corrected and a statement of the employee's right to appeal (if any) in accordance with the County's grievance policy. Section 7.6 (Revised March 19, 2015) Suspensions Suspensions are given for acts of conduct of a more serious nature, including unsatisfactory work performance or misconduct, which continues after discipline has been imposed. Corrective action for these offenses include a meeting between the employee and the supervisor, if possible, prior to the suspension being imposed, a written notice including the items listed below and suspension without pay. Employees may not be suspended in excess of five fifteen (5 15) work days for an offense of this nature. Prior to suspending or dismissing an employee, the department director or supervisor must: a. Meet with the employee to discuss the problem and provide the employee an opportunity to respond in written form by the close of the next business day; b. Review the employee's responses and any available information regarding the problem; and c. Prepare a written statement of the problem, the employee's response, a summary of findings, action being taken, a warning to what further disciplinary action could result if the situation is not corrected and a statement of the employee's right to appeal (if any) in accordance with the County's grievance policy. A written notice of suspension shall be hand delivered and signed received or mailed certified mail (return receipt requested) to the employee. The items listed below shall be included in the written notice: a. A statement of the reason(s) for the suspension; b. A warning of what further disciplinary action could result, if the situation is not corrected; c. A statement of the employee's response to the reasons for the suspension as indicated in the meeting between the supervisor and the employee; and if a meeting was not possible prior to the suspension being imposed, the reason that a meeting could not take place should be stated in the letter. d. A statement of the employee’s right to appeal (if any) in accordance with the County's grievance procedure. A copy of such written notice shall be forwarded to the Human Resources Department for inclusion in the employee's official personnel file. An additional offense requiring a suspension will normally result in termination. A single suspension coupled with three reprimands in the employee's file will also normally result in termination. Section 7.7 (Revised March 19, 2015) Disciplinary Demotion Disciplinary demotions can occur as an intermediate discipline or as an alternative to termination in second or third group offenses, or in cases of continued commission of first group offenses after discipline has been imposed. a. An effort should be made by the supervisor to meet with the employee prior to imposing the demotion. The employee should be given the opportunity to respond to the reasons for the proposed action. b. A written notice of the demotion shall be hand delivered or mailed to the employee by certified mail (return receipt requested). The items listed below shall be included in the written notice. 1. A statement of reasons for the demotion; 2. In cases where the demotion is not voluntary, a warning of what further disciplinary action could result, if the situation is not corrected; 3. A statement of the employee's response to the reasons for the demotion as indicated in the meeting between the supervisor and the employee; and if a meeting was not possible prior to the demotion, the reason that a meeting could not take place should be stated. 4. A statement of employee's right to appeal (if any) in accordance with the County's grievance policy, unless the demotion is voluntary. c. A copy of such written notice shall be forwarded to the Human Resources Department for inclusion in the employee's official personnel file. d. A demotion shall not be used as a disciplinary action if the employee involved cannot qualify for the lower-ranked position or if the demotion would require the displacement of another employee. Section 7.8 Dismissal An employee is dismissed for acts and behavior of such a serious nature that a first occurrence should normally warrant termination and for unsatisfactory performance or misconduct of a less serious nature which continues after discipline has been imposed for prior poor work performance or misconduct. An effort should be made by the supervisor to meet with the employee prior to the dismissal. The employee should be given the opportunity to respond to the reason(s) for the proposed action. A written notice shall be hand delivered or mailed certified mail (return receipt requested) to the employee if hand-delivery is not practical. The items below shall be included in the written notice. 1. A statement of the reason(s) for dismissal; 2. A statement of the employee's response to the reasons for the dismissal as indicated in the meeting between the supervisor and the employee; and if a meeting was not possible prior to the dismissal, the reason that a meeting could not take place should be stated in the letter; 3. A statement of the employee's right to appeal (if any), in accordance with the County's grievance policy. A copy of such written notice shall be forwarded to the County Administrator's office Human Resources Department for inclusion in the employee's official personnel file. Section 7.9 (Revised March 19, 2015) Additional Non-Disciplinary Suspension Provisions In addition to the suspensions provided for in the preceding pages, suspensions with or without pay may occur for the following reasons, subject to the limitations noted. a. Suspension in Lieu of Dismissal Up to a ten (10) work day suspension may be imposed where mitigating factors support a decision to retain an employee in spite of actions by the employee who would normally warrant dismissal. Provided, however, that an explanation is given for such action in the notice that is provided to the employee. b. Immediate Suspension Nothing in this policy shall prevent the immediate suspension with pay of an employee whose continued presence on the job is deemed to be a substantial and immediate threat to the welfare of the employee's department or to the welfare of the public, or where such continued presence could constitute negligence in regard to the department's duties to the public or to other County employees. Such suspension may be imposed in any of the these following situations with the prior approval of the affected department director or his/her designee, Director of Human Resources or his/her designee and the County Administrator or his/her designee. Where such suspension must be imposed at a time other than normal working hours, the County Administrator shall be notified and consulted at the beginning of the next work day. c. Suspension Pending Court Action or Official Investigation An immediate suspension with pay shall be warranted where there is a criminal prosecution or official investigation involving alleged criminal violations that occur on or off the job and are related to job performance or are of such a nature that to continue the employee in the assigned position could constitute negligence in regard to the department's duties to the public and to other County employees. Upon completion of such court action or official investigation, the employee may be disciplined or removed or may be reinstated. The County Administrator shall not be bound by the outcome of court action or official investigation but may refer to such outcome and the findings in making a final decision. (Official investigation shall be interpreted to include only those investigations conducted by Federal, State or local government law enforcement agencies.) d. Suspension Pending Department Disciplinary Investigation An immediate suspension with pay may be imposed pending completion of a disciplinary investigation into misconduct or violation of established work rules; provided, however, that before such a suspension is imposed the department director must find that the employee's continued presence on the job would present a substantial and immediate threat to the welfare of the department or the public, or that it could constitute negligence on the part of the County in regard to the department's duties to the public or to other County employees. Such suspension shall not exceed ten (10) work days in length. Such suspension may be imposed in any of these situations with the prior approval of the affected department director or his/her designee, Director of Human Resources or his/her designee and the County Administrator or his/her designee. Where such suspension must be imposed at a time other than normal working hours, the County Administrator shall be notified and consulted at the beginning of the next work day. If the employee is cleared of any such alleged violations, the employee shall be reinstated. Where no finding of violation or decision or disciplinary action occurs within ten (10) work days, the employee shall be permitted to return to work pending a final decision. Section 7.10 Mitigating Circumstances Mitigating circumstances include those conditions related to a given offense that would serve to support a reduction or corrective action in the interest of fairness and objectivity. Mitigating circumstances may also include consideration of an employee's length of service with a history of satisfactory work performance. Section 7.11 Not All Inclusive The offenses listed in this policy are not intended to be all-inclusive. Accordingly, conduct which, in the judgment of the department director, although not listed, seriously undermines the effectiveness of the agency's activities or the employee's performance, should be treated consistent with provisions of this policy. A record of such offenses must be filed with the Director of Human Resources and County Administrator. Section 7.12 Right to Grieve Disciplinary Action All regular full-time and regular part-time employees in the classified service, who have completed their probationary period, may grieve disciplinary actions in accordance with the grievance procedure in Article VIII. ARTICLE VIII Grievance Procedure (Revised June 14, 2007, March 19, 2015) Section 8.0 (Revised March 19, 2015) Policy Isle of Wight County desires to resolve employee grievances fairly and promptly. Employees are encouraged to freely discuss their concerns with immediate supervisors and upper management levels when disagreements or dissatisfactions arise. The County shall strive for equitable treatment of all employees and by doing so attempt to alleviate the occurrence of grievances. Most issues may be resolved through discussion, but alternatives are necessary when discussion is not effective. Section 8.1 (Revised March 19, 2015) Purpose The purpose of a the County’s grievance procedure is to establish an objective and fair method of resolving an employee's complaint or dispute concerning his/her employment with the County by allowing employees to bring their concerns to upper levels of management. All problems, complaints or disputes, even of a minor nature, should be resolved with the least amount of delay. It is the County’s intent that this policy comply fully with state law. In cases of conflict, the laws of the Commonwealth of Virginia shall govern. Questions concerning the grievance procedure should be directed to the Human Resources Department. Section 8.2 (Revised March 19, 2015) Applicability Unless otherwise provided by law, all non-probationary local government permanent regular full- time and part-time employees are eligible to file grievances with the following exceptions: a. Appointees of elected groups or officials; b. Officials and employees who by statute, ordinance or other law serve at the will or pleasure of the Board of Supervisors; c. Deputies and executive assistants of the County Administrator; d. Agency, or department heads, or chief executive officers, or Assistant County Attorneys of County operations; e. Employees whose terms of employment are limited by law; f. Temporary, limited term and seasonal employees; g. Law enforcement officers as defined in Chapter 10.0 (Section 2.1-116.1 et seq.) of Title 2.1 of the Code of Virginia whose grievance is subject to the provisions of Chapter 10.0 and who have elected to proceed pursuant to the provisions in the resolution of their grievance, or any other employee electing to proceed pursuant to any other existing procedure in the resolution of his/her grievance; h. Firefighter and Emergency Medical Technicians who elect to proceed under the Firefighter and Emergency Medical Technicians Procedural Guarantee Act, section 9.1-500 et seq. (sometimes known as the firefighter's bill of rights); i. Members of boards and commissions; j. Volunteers; k. Constitutional Officers; l. Consultants and legal counsel rendering professional services; m. Probationary employees; n. Individuals whose employment with the county has been terminated as a result of resignation, reduction in force, or retirement. Notwithstanding the exceptions set forth above, the County, at its sole discretion, may voluntarily include employees in any of the excepted categories within the coverage of their grievance procedures. Section 8.3 (Revised March 19, 2015) A. Definition of Grievance A grievance shall be defined as a complaint or dispute by an employee relating to his/her employment, but not necessarily limited to the following grievable issues: a. Disciplinary actions, including dismissals (whether resulting from formal discipline or unsatisfactory job performance or an involuntary resignation), demotions and suspensions; b. The application or interpretation of personnel policies, procedures, rules, regulations, and ordinances; c. Acts of retaliation as the result of utilization of the grievance procedure or of participation in the grievance of another County employee; d. Complaints of discrimination on the basis of race, color, creed, political affiliation, age, disability, national origin or sex; e. Acts of retaliation because the employee has complied with any law of the United States, State of Virginia or County of Isle of Wight, has reported any violation of such law to a governmental authority, or has sought any change in law before the Congress of the United States, the General Assembly or the Board of Supervisors. (1) The disciplinary actions of written reprimand, disciplinary demotions, dismissals, and suspensions; (2) Concerns regarding the application, meaning, or interpretation of personnel policies, procedures, rules, and regulations; (3) Discrimination in any employment practice based on the employee's race, color, creed, sex, age, religion, national origin, disability or political affiliation; (4) Acts of retaliation as the result of the use of or participation in the grievance procedure or because the employee has complied with any law of the United States or of the Commonwealth of Virginia, has reported a violation of such law to a governmental authority, has sought any change in law before the Congress of the United States or the General Assembly, or has reported an incidence of fraud, abuse, or gross mismanagement. B. Management Responsibilities Management reserves the exclusive right to manage the affairs and operations of County government. Accordingly the following complaints are not grievable under this procedure: a. Establishment and revision of wages or salaries, positions, classifications job titles or general benefits; b. Work activity accepted by the employee as a condition of employment or work activity which may reasonably be expected to be a part of job content; c. Contents of ordinances, statutes or established personnel policies, procedures, rules and regulations; d. Failure to promote except where the employee can show that established promotional policies or procedures were not followed or applied fairly; e. The methods, means and personnel by which work activities are to be carried on; f. Except where such actions affect an employee who has been reinstated within the previous six months as the result of the final determination of a grievance, termination, layoff, demotion, or suspension from duties because of lack of work, reduction in work force or job abolition; Termination, demotion or suspension from duties because of lack of work, reduction in workforce, or job abolition, except where such action affects an employee who has been reinstated within the previous six (6) months as a result of the final determination of a grievance. Such action shall be upheld upon a showing that: (i) there was a valid business reason for the action and (ii) the employee was notified of such reason in writing prior to the effective date of the action; g. The hiring, promotion, transfer, assignment and retention of employees within the County; h. The relief of employees from duties of the County in emergencies. i. Counseling memoranda and manners of providing supervisory directions; j. Performance evaluations; k. Oral reprimands. In any grievance brought under the exception to provision (f) of this subsection, the action shall be upheld upon a showing by the County that: 1. There was a valid business reason for the action; and 2. The employee was notified of the reason in writing prior to the effective date of the action. Section 8.4 (Revised June 14, 2007, March 19, 2015) Grievance Procedure Most employee concerns or complaints can be resolved informally through communications between the employee and his/her supervisor. Accordingly, employees are encouraged to take their complaints to their immediate supervisor and then to upper management levels to seek a solution. Employees are also encouraged to pursue grievable issues through the grievance procedure. Step 1. The employee shall identify the grievance verbally to his/her immediate supervisor in an informal meeting within twenty (20) calendar days after the event of action which is the basis for the grievance. The supervisor shall give a verbal response to the employee within seven (7) calendar days following the meeting. If a resolution is not reached at this point, the employee shall submit in writing to the supervisor the nature of the grievance and the specific relief requested within seven (7) calendar days following the date of receipt of the verbal response. The supervisor, in turn, shall give the employee a written response within seven (7) calendar days following receipt of the grievance. Step 2. If the grievance is not resolved at the first step, the employee shall state in writing his/her desire to have the grievance advanced to the next step within seven (7) calendar days after receipt of the grievance following the supervisor's written response. A meeting to review the grievance shall be held between the employee and the department director within seven (7) calendar days after receipt of the grievance. If the department director is the immediate supervisor, the meeting will be between the employee and the appropriate Assistant County Administrator. The limit between the second step submission and the second step meeting may be extended by mutual agreement. At the second step meeting, the employee may have a witness(es) of his/her choice present. At the second step meeting the supervisor may likewise have witness(es) present if he/she so desires. The department director or Assistant County Administrator shall make a separate inquiry into the complaint and a written reply to the grievant shall be provided to the employee within seven (7) calendar days after the second step meeting. Step 3. If a satisfactory resolution is not reached at the second step, the employee may file a written request for a hearing with the County Administrator within fourteen (14) calendar days after receipt of the department director's reply. A copy of the request for a hearing shall be sent to the employee's department director. Upon receipt of the written request for a hearing and verification that Steps 1 and 2 have been taken, the County Administrator shall schedule the requested hearing within seven (7) calendar days. The time between the third step submission and the third step hearing may be extended by mutual agreement. The County Administrator may decline to hear the grievance and forward the request to a panel hearing in accordance with Section 8.5. If the County Administrator chooses to hear the grievance, the employee and the County Administrator may have a representative(s) of their choice present at the hearing. The County Administrator shall provide the employee with a written reply within seven (7) calendar days after the conclusion of the hearing. A copy of the reply shall be sent to the department director. At Steps 1 and 2 only the grievant, appropriate managerial person (supervisor at Step 1, department director or Assistant County Administrator at Step 2) and appropriate witness(es) may be present. In addition, the County Attorney or his/her designee shall be present for Steps 1 and 2, but only for observation purposes. At Step 3, the grievant may have a representative present and, if the grievant is represented by legal counsel at Step 3, then the County may also be represented by legal counsel at Step 3. (a) The procedure for a grievance includes the following steps: (1) Step 1. An employee who has a complaint shall discuss the problem directly with the employee's immediate supervisor within twenty (20) calendar days of the date the employee should have reasonably gained knowledge of the event giving rise to the complaint. The employee is not required to present the complaint in writing at this step. A verbal reply by the supervisor shall be made within five (5) business days following the meeting. Failure on the part of the employee to initiate the action required within the time stated herein shall terminate the employee's right to initiate a grievance on that issue. (2) Step 2. If the complaint is not resolved after the first step, the employee may submit in writing the complaint to the employee's immediate supervisor within five (5) business days of the supervisor's verbal reply in step 1. The complaint shall be made using the "Grievance/Remedy Form" available from the department of human resources. The immediate supervisor shall reply in writing on the "Grievance/Remedy Form" to the complaint within five (5) business days of the receipt of the written complaint and provide a copy to the department director and the department of human resources. If the County Administrator or the County Administrator’s designee is the immediate supervisor, steps 2, 3 and 4 are consolidated into one step. Failure on the part of the employee to initiate the action required within the time stated herein shall terminate the employee's right to continue a grievance on that issue. (3) Step 3. If the complaint is not resolved in step 2, the employee may appeal the decision of the supervisor to the department director by forwarding the "Grievance/Remedy Form" to the department director within five (5) business days of receipt of the immediate supervisor's written response in step 2. The department director shall reply in writing on the "Grievance/Remedy Form" to the complaint within five (5) business days of the receipt of the written complaint and provide a copy to the department of human resources. Failure on the part of the employee to initiate the action required within the time stated herein shall terminate the employee's right to continue a grievance on that issue. (4) Step 4. If the complaint is not resolved at step 3, the employee may appeal the decision of the department director by forwarding the "Grievance/Remedy Form" to the County Administrator or County Administrator's designee within five (5) business days of the department director's response. Within five (5) business days of its receipt, the County Administrator or County Administrator’s designee shall meet with the grievant and the department director together, to discuss the grievance. The County Administrator or County Administrator's designee shall reply to the grievant on the “Grievance/Remedy Form” within five (5) business days of the discussion and provide a copy to the department of human resources. Failure on the part of the employee to initiate the action required within the time stated herein shall terminate the employee's right to continue a grievance on that issue. (b) With the exception of step 4, the only persons who may be present in the management step meetings are the employee, the employee's immediate supervisor or department director depending on the level at which the grievance is being heard, and appropriate witnesses for each side. Witnesses shall be present only while actually making his or her statement. At step 4, the employee, at his or her option, may have present a representative of his or her choice. If the employee is represented by legal counsel, the county likewise has the option of being represented by counsel. The employee must notify the County Admininistrator and the Human Resources Department of the name of his or her attorney within five (5) calendar days of the scheduled meeting. The presence of attorneys shall not alter the fact that this is an administrative, informal, fact-finding process involving, in step 4, a meeting and discussion between the County Administrator or County Administrator's designee and the employee. Section 8.5 (Revised June 14, 2007, March 19, 2015) Panel Hearing If the grievance is not settled in Step 3, the grievant may proceed to a hearing before an impartial panel. A written request for a panel hearing must be submitted to the County Administrator within ten (10) calendar days of the receipt of the third step reply. The panel shall be selected within ten (10) calendar days after receipt of the written request for a panel hearing. The panel shall consist of three members, one member appointed by the grievant, one member appointed by the County Administrator, or his designee, and the third member selected by the first two. The third person shall be the chairperson of the panel. In the event that agreement cannot be reached as to the final panel member, the chief judge of the circuit court of the jurisdiction wherein the dispute arose shall select the third member. To insure an impartial panel, such panel shall not be composed of any person having direct involvement with the grievance being heard by the panel, or with the complaint or dispute-giving rise to the grievance. Management personnel who are in a direct line of supervision of the grievant, persons residing in the same household as the grievant, and the following relatives of a participant in the grievance process or a participant's spouse are prohibited from serving as panel members: spouse, parent, child, descendants of a child, sibling, niece, nephew, and first cousin. No attorney having direct involvement with the subject matter of the grievance nor a partner, associate, employee, or co-employee of such attorney shall serve as a panel member. Panel members chosen in compliance with these requirements shall be deemed to be impartial. The panel has the responsibility to interpret the application of appropriate County policies and procedures. It does not have the prerogative to formulate or to change policies or procedures. The panel shall set the time for the hearing which shall be held as soon as practical, but not more than ten (10) work days after the panel has been selected and the employee notified. Panel members, either individually or collectively, should not have contact with or hear any discussion of the grievance from any person(s) previously involved in an earlier phase of the grievance until such time as the panel meets. Both the respondent and the grievant may have legal counsel, or representatives of their choice present at the meeting. The conduct of the panel hearing shall be as follows:  The panel shall determine the propriety of attendance at the hearing of persons not having direct interest in the hearing, and, at the request of either party, the hearing shall be private;  The County provides the panel with copies of the grievance record prior to the hearing, and provides the grievant with a list of documents furnished to the panel and the grievant and his attorney, at least ten (10) calendar days prior to the scheduled panel hearing, shall be allowed access to and copies of all relevant files intended to be used in the grievance proceeding;  The panel has the authority to determine the admissibility of evidence without regard to the burden of proof, or the order of presentation of evidence, so long as a full and equal opportunity is afforded to all parties for the presentation of their evidence;  All evidence shall be presented in the presence of the panel and the parties, except by mutual consent of the parties;  Documents, exhibits, and lists of witnesses shall be exchanged between the parties in advance of the hearing;  The majority decision of the panel, acting within the scope of its authority, shall be final, subject to existing policies, procedures and law;  The panel's decision shall be filed in writing by the panel chairperson with the County Administrator not later than ten (10) work days after completion of the hearing.  Copies of the panel's decision shall be transmitted to the employee, the employee's supervisor, the employee's department director and the County Administrator. Request for Hearing If the County Administrator's or the County Administrator's designee's response does not resolve the grievance at step 4, the grievant may request a hearing before a grievance panel. The request for a hearing shall be submitted in writing to the Director of Human Resources within five (5) business days of the response of the County Administrator or the County Administrator's designee. Panel Composition (1) In cases of employee termination or retaliation, the panel shall be made up of three impartial members. Two panel members shall be chosen from employees of the County. One of those panel members shall be appointed by the employee and one shall be appointed by the County Administrator or County Administrator's designee. The third panel member shall be an administrative hearing officer who is appointed by the Executive Secretary of the Supreme Court. The County will pay all costs related to the use of the hearing officer. The administrative hearing officer shall act as panel chairperson. (2) In all other cases, the panel shall be made up of three impartial members chosen from employees of the County, one appointed by the grievant, one appointed by the County Administrator or County Administrator's designee, and a third panel member selected by the first two appointed panelists, who will serve as the panel chairperson. In the event that an agreement cannot be reached as to the third panel member, the chief judge of the circuit court of the County shall select the third panel member. (3) All County employees, as a condition of County employment, shall serve on grievance panels, whether selected by the grievant, management, or by the two appointed panelists to serve as the panel chair. All employees of the Human Resources Department, Office of the County Attorney, and the County Administrator's office shall be excluded from serving on the panel. (4) The panel shall not be composed of any persons having direct involvement with the grievance being heard by the panel, or with the complaint giving rise to the grievance; nor managers who are in a direct line of supervision of the grievant; nor employees in the same department as the grievant; nor persons who are residing or have resided in the same household as the grievant; nor the following relatives of either participant in the grievance process: spouse, parent, grandparent, child, grandchild, sibling, step-sibling, in-law, niece, nephew or first cousin. No attorney having direct involvement with the subject matter of the grievance, nor a partner, associate, employee or co-employee of the attorney shall serve as a panel member. Panel members chosen in compliance with these requirements shall be deemed to be impartial. (5) The County Administrator or County Administrator's designee, the grievant, or the grievant’s department director may challenge the eligibility of the other party's panel member by requesting a determination from the Director of Human Resources of whether the selection has met or violated the eligibility requirements. Such requests must be made in writing no fewer than five (5) business days prior to the date of the scheduled panel hearing. If one member is found to be ineligible, the remaining members are unaffected. If at all possible, an immediate replacement will be impaneled and the hearing conducted as scheduled. Rules for Panel Hearings The conduct of panel hearings as a part of the grievance procedure shall be governed by the following rules: (1) The panel does not have authority to formulate policies or procedures or to alter existing policies or procedures; (2) The panel has the discretion to determine the propriety of attendance at the hearing of persons not having a direct interest in the hearing, and, at the request of either party, the hearing shall be private; (3) The County shall provide the panel with copies of the grievance record prior to the hearing, and provide the grievant with a list of the documents furnished to the panel; (4) The grievant and his or her attorney, at least ten (10) calendar days prior to the scheduled panel hearing, shall be allowed access to and copies of all relevant files intended to be used by the County in the grievance proceeding; (5) The panel shall have the authority to determine the admissibility of evidence without regard to the burden of proof, or the order of presentation of evidence, so long as a full and equal opportunity is afforded to all parties for the presentation of their evidence; (6) All evidence shall be presented in the presence of the panel and the parties, except by mutual consent of the parties; (7) The documents, exhibits and lists of witnesses shall be exchanged between the parties in advance of the hearing; (8) The panel hearing is an administrative process and is not meant to be conducted like proceedings in court. Panels are not bound by rules of evidence and shall take into account all reliable and substantial evidence produced at the hearing. It is within the province of the panel to determine relevancy and materiality. The panel may require either party to demonstrate relevancy and materiality of any evidence and the need for any requested extensions of the hearing panel; (9) The panel shall deal with the grievance before them. Evidence and testimony as to how other employees or situations have been handled in the past are not relevant except in cases of discrimination. Previous applications of the same policy may be relevant. No personnel file or record may be examined by the panel or introduced into evidence, except that of the grievant; (10) The panel has no subpoena power to compel the attendance of witnesses. The panel may, however, at the request of either party, or in its own discretion, request the voluntary appearance of witnesses or the submission of documents. Authority of the Panel Chair The chair, acting on behalf of the panel, has the authority to: (1) Issue requests for witnesses or documents but does not have subpoena power; (2) Administer oaths; (3) Receive documentary evidence and hear testimony, and exclude that which is irrelevant, immaterial, repetitive or confidential by law; (4) Decide on procedural requests; (5) Hold a conference (in person or by telephonic means) to simplify the issues, decide procedural matters, discuss settlement possibilities, and establish the date, time, and place of hearing; and (6) Order the parties to exchange a list of witnesses and documents. Conduct of the Hearing (1) The hearing must be held within 30 calendar days of the selection of the panel in a location convenient to where the employee is or has been employed. The County must arrange a place for the hearing unless the panel chair chooses to make the arrangements. It is the responsibility of the panel chair to notify the parties, either in writing or at a prehearing conference, of the date, time and place of the hearing. (2) When a hearing is scheduled, it is the responsibility of the parties to appear or ask for a postponement. A hearing may proceed in the absence of one of the parties; a hearing so conducted will be decided on the grievance record and the evidence presented at the hearing. The parties may be represented by legal counsel or other representative, or may represent themselves. A hearing may be continued into evenings or weekends. The panel may grant a postponement or extend the 30 calendar day period for good cause. (3) Opening and closing statements may be made by each party. Each party may be represented by an individual of choice. All witnesses, except for the grievant and a representative of the County, shall not be present in the hearing room except when giving testimony. Exhibits may be offered into evidence and be made part of the record. The hearing must be recorded verbatim. The panel chair is responsible for the recording and is to preserve the recorded tapes as a part of the grievance record. Either party may receive a copy of the recording at cost. A court reporter is not required. If either party requests a court reporter, that party is responsible for the costs. If a transcript is made, the other party may request a copy at cost. The panel chair has the authority to determine the propriety of the attendance of all persons not having a direct involvement in the hearing including witnesses and spectators. The hearing shall be closed to the public. Decision (1) The panel's decision must be in writing and contain the findings of fact and the basis for those findings. The panel shall deliver its decision to the Director of Human Resources, the individual who represented the County during the panel hearing and the employee within ten (10) business days of the conclusion of the hearing unless the panel by majority vote extends the time period. If the panel extends the time period for its response, the panel chair shall notify the parties in writing. The majority decision of the panel, acting within the scope of its authority, shall be final, subject to existing policies, procedures and law. (2) The panel shall decide the case on the merits, not on whether there has been compliance with the procedural requirements of this article. The panel does not have the authority to formulate policies or procedures nor to alter existing policies and procedures. The panel shall make its decision within the following standards of review: a. In grievances involving disciplinary action for misconduct, including termination for misconduct, the panel shall uphold the County if the evidence shows that the charge(s) of misconduct and disciplinary action(s) were more likely than not appropriate under the circumstances. If the panel finds that the charge(s) or disciplinary action(s) were not appropriate under the circumstances, then the panel has the same authority and limitations as management to determine the appropriate charge(s) or disciplinary action(s) in accordance with applicable County policy. The panel may not impose a disciplinary action in excess of the original disciplinary action imposed by the County. b. In grievances involving termination for unsatisfactory work performance, failure to meet job standards, unacceptable attendance or other nondisciplinary matters, the panel shall uphold the County's action if it determines that the action was more likely than not appropriate under the circumstances. If the panel finds that the charge(s) or disciplinary action(s) were not appropriate under the circumstances, then the panel has the same authority and limitations as management to determine the appropriate charge(s) or disciplinary action(s) in accordance with applicable County policy. The panel is not empowered to establish or modify job standards, job requirements, or performance standards nor may the panel determine or change an employee's evaluation rating. The panel may not impose a disciplinary action in excess of the original disciplinary action imposed by the County. c. In grievances involving complaints regarding application of policy, discrimination and other nondisciplinary issues, the panel will determine if policies and procedures have been appropriately applied. If the panel finds that the policies and procedures have not been applied appropriately, then the panel, as appropriate relief, may issue an order to create an environment free from discrimination or to take corrective actions necessary to cure the violation and/or minimize its recurrence. The panel is not empowered to promote, assign or transfer employees, to establish salaries nor to take any other action which is in the purview of management rights. d. The panel does not have the authority to consider matters which the grievance procedure makes nongrievable. e. The majority decision of the panel, acting within the scope of its authority, shall be final, subject to existing policies, procedures and law. f. The panel may not award damages or attorney's fees. (3) Within ten (10) business days of the receipt of the panel's decision, the Director of Human Resources will review the decision and may on his or her own action remand a decision which appears to be inconsistent with law and written policy to the panel for further consideration. All parties will be notified if a decision is remanded. (4) The County Administrator shall implement the panel decision to the extent that it is consistent with the provisions of law and written policy. Either party may petition the circuit court of the County for an order requiring implementation of the panel decision. Section 8.6 Determination of Grievability 1. Determining Issues Qualifying for the Management Steps If the first or second step written management response indicates that a given issue is not grievable, an employee may appeal to the County Administrator, or his designee, who is empowered to render a decision on the grievability and on the access of the procedure of issues in the management steps. Neither the County Attorney nor the Commonwealth's Attorney shall be authorized to decide the question of grievability. If the County Administrator finds that the issue is grievable, the grievance may be pursued through the three management steps. However if the County Administrator or his designee, finds that the issue is not grievable, the employee may appeal to the Circuit Court for a hearing on the issues as to whether or not the grievance qualifies for a panel hearing. The appeal procedure shall be in accordance with subsection 2 below. If the issue qualified by the court, the management step process should be completed before proceeding to panel (unless the grievance is otherwise resolved). 2. Determining Issues Qualifying for a Panel Hearing Decisions regarding whether or not a matter qualifies for a panel hearing shall be made by the County Administrator at the request of the department director or grievant and such decisions shall be made within ten (10) calendar days of such request. Such requests shall be made in writing. Such decisions of the County Administrator may be appealed to the Circuit Court for a hearing on the issues as to whether or not the grievance qualifies for a panel hearing. Proceedings for review of the decision of the County Administrator shall be instituted by filing a written notice of appeal with the County Administrator within ten (10) calendar days thereafter, the County Administrator shall transmit to the Clerk of the Circuit Court to which the appeal is taken a copy of the decision of the County Administrator, a copy of the notice of appeal, and the exhibits. A list of the evidence furnished to the Court shall be furnished to the grievant. The failure of the County Administrator to transmit the record within the time allowed shall not prejudice the rights of the grievant. The court on motions of the grievant, may issue a writ of certiorari requiring the County Administrator to transmit the record on or before a certain date. Within thirty (30) calendar days of receipt by the Clerk of such records, the Court sitting without a jury, shall hear the appeal on the record transmitted by the County Administrator and such additional evidence as may be necessary to resolve any controversy as to the correctness of the record, the Court, in its discretion, may receive such other evidence as the ends of justice require. The Court may affirm the decision of the County Administrator or may reverse or modify the decision. The decision of the Court shall be rendered no later than the fifteenth (15th) day from the date of the conclusion of the hearing. The decision of the Court is final and is not appealable. Section 8.7 Following the Procedure After the initial filing of a written grievance, failure of either party to comply with all substantial procedural requirements of the grievance procedure without just cause will result in a decision in favor of the other party on any grievable issue, provided the party not in compliance fails to correct the noncompliance within five (5) work days of the receipt of written notification by the other party of the compliance violation. Such written notification by the grievant shall be made to the County Administrator. Failure of either party without just cause to comply with all substantial procedural requirements at the panel hearing shall result in a decision in favor of the other party. This procedure is provided as a means for employees to resolve problems and complaints without the cost often associated with legal counsel. However, if any employee using the procedure would feel more comfortable in having such support, the employee shall be responsible for related expenses. Adopted this 19th day of March, 2015. Rex W. Alphin, Chairman Carey Mills Storm, Clerk Approved as to form: Mark C. Popovich, County Attorney ISSUE: Staff Report – Legislative Update BACKGROUND: The 2015 Session of the General Assembly ended on February 28, 2015. The bills submitted on the County’s behalf that were successful in passing the House of Delegates and Senate are: SB759 – Transient Occupancy Tax, SB842 – Schools Budget Adoption patroned by Senator Lucas and HB1484 – Schools Budget Adoption patroned by Delegate Tyler. Staff will provide a brief update relative to adopted legislation impacting the County in this Session. RECOMMENDATION: Per the Board’s discussion. ATTACHMENTS: None Match 19, 2015/dtr March 19, 2015/CBM/ Motion to Set Special Meeting on 4/1/15 ISSUE: Motion – Set a Special Meeting on April 1, 2015 at 10:00 a.m. to Present the Proposed Operating and Capital Budget and Related Ordinance and Resolutions BACKGROUND: In order to facilitate timely adoption of the proposed Fiscal Year 2015-16 Operating and Capital Budgets, staff will present information for the Board’s discussion at a special meeting on April 1, 2015. BUDGETARY IMPACT: There is no budgetary impact. RECOMMENDATION: Adopt a motion to schedule a special meeting for April 1, 2015, at 10:00 a.m. to discuss the proposed Fiscal Year 2015-2016 Operating and Capital Budget. ATTACHMENT: None March 19, 2015/MT/Transfer for Capital Projects ISSUE: Resolution – Transfer of Available FY 14 Fund Balance Roll Over Funds for One-Time Capital Purposes BACKGROUND: Staff has identified several County facilities that are in immediate need of roof replacements including the Nike Park Administration Building, Nike Park Seniors Building, and the Isle of Wight Museum. Additionally, the County is under an agreement with the Virginia Department of Environmental Quality to address sanitary sewer overflows at Nike Park. The cost of these needed improvements is $352,000. Staff has identified existing funding from FY 14 fund balance roll overs to allocate toward these one-time capital needs and recommends the transfer of available funds as follows: Nike Park Administration Building Roof Replacement $106,000 Nike Park Senior Building Roof Replacement 60,000 Isle of Wight Museum Roof Replacement 140,000 Nike Park Sewer Overflow Improvements 46,000 $352,000 BUDGETARY IMPACT: Approval of the resolution will result in an increase of $352,000 in the Capital Projects Fund through a transfer of available FY 14 fund balance roll overs for needed capital improvements. RECOMMENDATION: Adopt a resolution to transfer available FY 14 fund balance roll over funds for one-time capital purposes. ATTACHMENT: Resolution March 19, 2015/cbm/Capital Transfer RESOLUTION TO TRANSFER AVAILABLE FY 14 FUND BALANCE ROLL OVER FUNDS FOR ONE-TIME CAPITAL PURPOSES WHEREAS, there are several county buildings and facilities with immediate capital repair and improvement needs including roof replacements to the Nike Park Administration Building, Nike Park Seniors Building, and Isle of Wight Museum as well as improvements to address sewer overflows at Nike Park; and, WHEREAS, $352,000 in funding is available for transfer from FY 14 fund balance roll overs to allocate for one-time capital purposes. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the County hereby approves the transfer of $352,000 in FY 14 fund balance roll over dollars to the Capital Projects Fund budget as follows: Nike Park Administration Bldg. Roof Replacement $106,000 Nike Park Seniors Bldg. Roof Replacement 60,000 Isle of Wight Museum Roof Replacement 140,000 Nike Park Sewer Overflow Improvements 46,000 $352,000 BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to execute the transfer of funds and make such accounting adjustments as necessary to give this resolution effect. Adopted this 19th day of March 2015. Rex W. Alphin, Chairman Carey Mills Storm, Clerk Approved as to Form: ______________________________ Mark C. Popovich, County Attorney ISSUE: Matters for the Board’s Information BACKGROUND: The matters attached to this Board report are included as 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 February 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/February 2015 4. Isle of Wight Website Statistics/February 2015 5. Planning Commission 2014 Annual Report 6. Board of Zoning Appeals 2014 Annual Report 7. Wetlands Board 2014 Annual Report 8. Solid Waste Division Litter Pickup 9. HRPDC Growth Trends in Hampton Roads Presentation 10. VOPEX 2015 Report 11. Summary of Board Committee Meetings . Isle of Wight County/Town of Smithfield Intergovernmental Relations Committee Meeting of February 25, 2015 . Parks and Recreation Committee Meeting of March 4, 2015 . Public Safety Committee Meeting of March 6, 2015 ! "! # $%& %&’ () *& () +#+ # + $+ $ , - + - , . , ( ) $%’$ % **. /! .# * & // 0 12 0 1! 2 0 3 4 - (5 6 & ’ - 6 7 8 8 &2 & & ’ ) (! ) # $%& %&’ () *& () +#+ # + $+ $ , - + - , . , ( ) $%’$ % *$ %$% $%./ .6 * & (1 ) 30 2 9 0 4 . 9 .6 # * 1 3 12 3 / 3 02 1 4 ’: 5 & ’$ % ; ! 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" % " - 13 2 9 1 4 29 2 0 / / 40 ! 2 ! 1 429 / 2 0 0 4 03.10.15 FEB 14 JAN FEB 15 MARAPRMAYJUNJULAUGSEPOCTNOVDEC 2015 YTD2014 YTD % chng Calls for Service Law Enforcement 3,2243,7623,323 7,0856,445 9.93% Animal Services 919676 172162 6.17% GRAND TOTAL 3,3153,8583,399 7,2576,607 9.84% School Checks (num)668455 139119 16.81% School Checks (time)29:2427:4721:59 49:4647:31 4.75% False Alarms 19103 1330 -56.67% Escorts 8185 2320 15.00% Traffic Traffic Stops 350314188 502698 -28.08% Traffic Summons 184162101 263327 -19.57% Traffic Crashes 846292 154158 -2.53% Criminal Process Misdemeanor Charges 242721 4893 -48.39% Felony Charges 171319 3238 -15.79% Unknown Class 000 01 -100.00% GRAND TOTAL 414040 80132 -39.39% Civil Process Writ- Levy 522 412 -66.67% Writ- Repo 1033 618 -66.67% Evictions 13119 2015 33.33% All Other Civil 971683642 1,3251,592 -16.77% GRAND TOTAL 999699656 1,3551,637 -17.23% Property Reported Stolen $78,194$27,604$13,534 $41,137$122,086 -66.30% Stolen Items 465845 10379 30.38% Reported Recovered $36,502$2,780$6,873 $9,653$63,639 -84.83% Recovered Items 4814 2214 57.14% Reported Damaged $4,760$2,480$5,420 $7,900$16,321 -51.60% Damaged Items 13916 2543 -41.86% Court Fines and Fees Jury Trials 021 30 #DIV/0! Other Mileage 80,582 78,895 196,632 275,527 166,988 65.00% Gun Permits 795657 113152 -25.66% Fingerprints (non crim.)182127 4825 92.00% Reports (IBR)735064 114145 -21.38% Reports (Non-IBR)113102108 210244 -13.93% Currency values rounded to the dollar. 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 - FEB 2015 STATISTICAL INFO YTD TO LAST MONTH COMPLETED-FEB 03.10.15 MEAN (AVG)MEDIAN HIGHEST LOWEST Law Enforcement 3,5433,5433,7623,323 Animal Services 86869676 GRAND TOTAL 3,6293,6293,8583,399 School Checks (num)70708455 School Checks (time)1111 False Alarms 77103 Escorts 1212185 Traffic Stops 251251314188 Traffic Summons 132132162101 Traffic Crashes 77779262 Misdemeanor Charges 24242721 Felony Charges 16161913 Unknown Class 0000 GRAND TOTAL 40404040 Writ- Levy 2222 Writ- Repo 3333 Evictions 1010119 All Other Civil 663663683642 GRAND TOTAL 678678699656 Reported Stolen 20,56920,56927,60413,534 Stolen Items 52525845 Reported Recovered 4,8264,8266,8732,780 monetary 23% Recovered Items 1111148 items 21% Reported Damaged 3,9503,9505,4202,480 Damaged Items 1313169 Mileage 137,764137,764196,63278,895 Gun Permits 57575756 Fingerprints (non crim.)24242721 Reports (IBR)57576450 Reports (Non-IBR)105105108102 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 2 13 1 0 17 0 -100.0% April 0 0 0 2 5 19 2 0 28 0 -100.0% May 0 1 0 2 6 18 0 1 28 0 -100.0% June 0 0 0 1 5 23 2 1 32 0 -100.0% 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 0 1 1 0 3 5 8 11 29 59 38 7 4 0 36 83 47.6571 65.7% GRD TOTAL 0 0 2 1 2 0 21 2 54 5 184 35 11 4 2 0 276 47 2014 20142014 6 7783 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 03.10.15 FOR 2015 DATA ) ISLE OF WIGHT COUNTY SHERIFF'S OFFICE 03.10.15 Homicide 09A CRIMES AGAINST PERSONS 2015 YTD Larceny 23 MV Theft 240 107119 Arson 200 TOTALS Isle of Wight County Sheriff's Office 12 Select Group A Offenses 2015 (w/ 2014 comparison) Rape 11A Robbery 120 Ag Assault 13A Burglary 220 CRIMES AGAINST PROPERTY 2015 YTDTOTAL 2015 YTD 43.4%39.0%100.0% SCHOOLCOUNTTIME% COUNT% TIME CARROLLTON ELEMENTARY SCHOOL93:4016.4%16.7% CARRSVILLE ELEMENTARY SCHOOL112:3920.0%12.1% GEORGIE D TYLER MIDDLE SCHOOL42:327.3%11.5% HARDY ELEMENTARY SCHOOL82:5914.5%13.6% ISLE OF WIGHT ACADEMY40:307.3%2.3% SMITHFIELD HIGH SCHOOL53:289.1%15.8% SMITHFIELD MIDDLE SCHOOL33:185.5%15.1% WESTSIDE ELEMENTARY SCHOOL20:353.6%2.7% WINDSOR ELEMENTARY SCHOOL92:1316.4%10.1% Grand Total5521:59100.0%100.0% Note: These times only reflect actions of -NON- SRO Personnel 03.10.15 FEB 2015 Isle of Wight County Sheriff's Office • Monthly School Check Report RANKNATURE COUNT% TOTALRANKNATURE COUNT% TOTAL 1 PATROL CHECK 1086 31.95%51POSSIBLE DOA OR FULL ARREST4 0.12% 2 BUILDING CHECK 416 12.24%52CIVIL MATTER4 0.12% 3 CIVIL PAPER 352 10.36%53OTHER OR UNKNOWN PROBLEM4 0.12% 4 BUSINESS CHECK 196 5.77%54OPEN DOOR OR WINDOW4 0.12% 5 TRAFFIC STOP 188 5.53%55TRESPASS 3 0.09% 6 PAPER SERVICE 107 3.15%56DRIVING UNDER THE INFLUENCE3 0.09% 7 CITIZEN ASSIST 98 2.88%57OVERDOSE 3 0.09% 8 DISABLED VEHICLE 93 2.74%58TRAFFIC CONTROL3 0.09% 9 ANIMAL COMPLAINT 77 2.27%59BRUSH FIRE 3 0.09% 10 ACCIDENT NO INJURIES 65 1.91%60EMERGENCY CUSTODY ORDER3 0.09% 11PRISONER TRANSPORT62 1.82%61CAR FIRE 3 0.09% 12ALARM - BURGLARY57 1.68%62BURGLARY - RESIDENTIAL3 0.09% 13SCHOOL CHECK55 1.62%63REPOSSESSION3 0.09% 14SUSPICIOUS PERS./VEH./ACTIVITY52 1.53%64DOMESTIC ASSAULT - IN PROGRESS3 0.09% 15ASSIST OTHER JURISDICTION44 1.29%65HARRASSMENT3 0.09% 16POLICE INVESTIGATIONS40 1.18%66FIRE ALARM 2 0.06% 17TRAFFIC HAZARD25 0.74%67FOUND PROPERTY2 0.06% 18FINGERPRINTS19 0.56%68ASSAULT NO WEAPONS2 0.06% 19DIRECT PATROL19 0.56%69ABANDONED VEHICLE2 0.06% 20ACCIDENT UNKNOWN INJURIES19 0.56%70PARKING VIOLATION2 0.06% 21DESTRUCTION OF PROPERTY17 0.50%71BITE 2 0.06% 22FRAUD 16 0.47%72STROKE 2 0.06% 23RECKLESS DRIVING15 0.44%73SEX OFFENSES RAPE ASSAULT2 0.06% 24DOMESTIC - VERBAL ONLY14 0.41%74SICK / ILL OR RESCUE2 0.06% 25LARCENY PETIT AND GRAND13 0.38%75FIELD INTERVIEW1 0.03% 26HOUSE CHECK12 0.35%76STOLEN VEHICLE1 0.03% 27COMMUNITY RELATIONS12 0.35%77POLICE PURSUIT VEH OR FOOT1 0.03% 28WELFARE CHECK10 0.29%78STRUCTURE FIRE1 0.03% 29BE ON THE LOOKOUT10 0.29%79SUICIDE 1 0.03% 30OFFICER INFORMATION10 0.29%80MISSING PERSON ADULT-JUVENILE1 0.03% 31ACCIDENT WITH INJURIES8 0.24%81EMERGENCY PROTECTIVE ORDER1 0.03% 32ALARM - UNK TYPE8 0.24%82THREATS 1 0.03% 33BUSINESS ASSIST8 0.24%83INDECENT EXPOSURE1 0.03% 34ARCING WIRES DOWN POWER LINES7 0.21%84BURN INJURIES1 0.03% 35PROJECT LIFESAVER7 0.21%85DISPUTE (NON-FAMILY)1 0.03% 36911 HANG UP7 0.21%86TRANSPORT - CITIZEN/OTHER1 0.03% 37FALLS AND RELATED INJURIES7 0.21%87FIGHT IN PROGRESS1 0.03% 38TEMPORARY DETENTION ORDER6 0.18%88RUNAWAY 1 0.03% 39EVICTION 6 0.18%0.00% 40DRUG OFFENSES6 0.18%0.00% 41DISTURBANCE-LOUD NOISE6 0.18%0.00% 42DOMESTIC ASSAULT - OCCURRED6 0.18%0.00% 43DISORDERLY INDIVIDUAL5 0.15%0.00% 44UNCONSCIOUS OR FAINTING5 0.15%0.00% 45FOOT/BIKE PATROL5 0.15%0.00% 46POLICE ESCORT5 0.15%0.00% 47JUVENILE PROBLEMS5 0.15%0.00% 48SHOTS FIRED/PROMISCUS SHOOTING4 0.12%TOTAL 3,399 100% 49SEIZURE 4 0.12%TOP TEN 2,678 78.79% 50 PSYCHIATRIC PROBLEMS 4 0.12%03.10.15 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 1662 43.08%1 PATROL CHECK 2,748 37.87% 2 CIVIL PAPER 436 11.30%2 CIVIL PAPER 788 10.86% 3 TRAFFIC STOP 314 8.14%3 TRAFFIC STOP 502 6.92% 4 BUSINESS CHECK 193 5.00%4 BUILDING CHECK 463 6.38% 5 CITIZEN ASSIST 139 3.60%5 BUSINESS CHECK 389 5.36% 6 ANIMAL COMPLAINT 95 2.46%6 CITIZEN ASSIST 237 3.27% 7 SCHOOL CHECK 84 2.18%7 PAPER SERVICE 186 2.56% 8 PAPER SERVICE 79 2.05%8 ANIMAL COMPLAINT 172 2.37% 9 PRISONER TRANSPORT 63 1.63%9 DISABLED VEHICLE 148 2.04% 10 SUSPICIOUS PERS./VEH./ACTIVITY 57 1.48%10 SCHOOL CHECK 139 1.92% T **TOTAL** CALLS (not just top 10)3,858 80.92%T **TOTAL** CALLS YTD (not just top 10)7,256 79.55% CALLS FOR SERVICE • FEB 2015 MEMORANDUM   TO: Frank Haltom, Director of General Service FROM: Ralph Anderson, Solid Waste Division Manager SUBJECT: Solid Waste Division Litter Pickup DATE: March 6, 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 months of September thru December due to  the focus on the serving recycling programs, illegal dumping investigation and the  limitation on the available number of Work Release inmates from the Western  Tidewater Regional Jail.       The following is a list of roads where litter was picked up during the months of  January thru March 2015:      Carroll bridge Rd: Scott`s Factory Rd to Woodland Dr  Waterworks Rd: Courthouse Hwy to Mt Holly Creek Ln  Nike Park Rd: Battery Park Rd to Reynolds Dr  Titus Creek Rd: Nike Park Rd to Smith`s Neck Rd     The following is a list where litter is scheduled to be picked up during the months  of  March thru May 2015:    Old Stage Hwy: Rte 10 to Berry Hill Rd  Holly Run Dr: Courthouse Hwy. to Carrsville Hwy.   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  Ft. Huger Dr: Rte. 10 to Tylers Beach  Turner Dr: Benns Church Blvd. to Scotts Factory Rd.  Sunset Dr: Courthouse Hwy. to Buckhorn Dr.   20 1 2 R E G I O N A L F O R E C A S T Pr e s e n t a t i o n t o t h e I s l e o f W i g h t C o u n t y Bo a r d o f S u p e r v i s o r s Ha m p t o n  Ro a d s  Pl a n n i n g  Di s t r i c t  Co m m i s s i o n Gr e g  Gr o o t e n d o r s t Ch i e f  Ec o n o m i s t Fe b r u a r y  19 ,  20 1 5 Gr o w t h T r e n d s i n H a m p t o n R o a d s Lo o k i n g t o 20 4 0 WH A T  IS  TH E  HR P D C • 1 of  21  Re g i o n a l  Pl a n n i n g  Ag e n c i e s • St a t e  en a b l e d ;  lo c a l l y  cr e a t e d • 10  Ci t i e s ,  6 Co u n t i e s ,  1 To w n ;  1. 7  mi l l i o n  pe o p l e ;  3, 0 0 0  square  mi l e s ;  5, 0 0 0  mi l e s  sh o r e l i n e • Co m m i s s i o n  –4 5  lo c a l  el e c t e d  of f i c i a l s  & CA O s • St a f f  –E x e c u t i v e  Di r e c t o r  & 45  st a f f • Fu n d i n g  –L o c a l  co n t r i b u t i o n s ,  gr a n t s  an d  co n t r a c t s • Fu n c t i o n s  –E c o n o m i c s ,  Ho u s i n g ,  Tr a n s p o r t a t i o n ,  En v i r o n m e n t a l ,   Em e r g e n c y  Ma n a g e m e n t • Bu d g e t  $1 6 , 0 0 0 , 0 0 0  + • Ro l e  – P o l i c y  & Te c h n i c a l  An a l y s i s ,  Pl a n n i n g  & En g i n e e r i n g  Studies,  Co o p e r a t i v e  Pr o b l e m  So l v i n g ,  Co o r d i n a t i o n • Ha m p t o n  Ro a d s  Tr a n s p o r t a t i o n  Pl a n n i n g  Or g a n i z a t i o n 2 Hi s t o r i c  Po p u l a t i o n  Gr o w t h  in  Ha m p t o n  Ro a d s 0 20 0 , 0 0 0 40 0 , 0 0 0 60 0 , 0 0 0 80 0 , 0 0 0 1, 0 0 0 , 0 0 0 1, 2 0 0 , 0 0 0 1, 4 0 0 , 0 0 0 1, 6 0 0 , 0 0 0 1, 8 0 0 , 0 0 0 2, 0 0 0 , 0 0 0 1960 1962 1964 1966 1968 1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 20062008201020122014 84 . 9 %  gr o w t h  si n c e  19 6 0 An n u a l i z e d  gr o w t h  ra t e  of  1. 1 4 % 4 So u r c e :  We l d o n  Co o p e r  Center and HRPDC Co m p o n e n t s  of  Po p u l a t i o n  Gr o w t h (1 5 , 0 0 0 ) (1 0 , 0 0 0 ) (5 , 0 0 0 ) 0 5, 0 0 0 10 , 0 0 0 15 , 0 0 0 20 , 0 0 0 25 , 0 0 0 30 , 0 0 0 Number of Persons Bi r t h s ,  De a t h s ,  an d  Ne t  Mi g r a t i o n  in  Ha m p t o n  Ro a d s  Bi r t h s  De a t h s  Ne t  Mi g r a t i o n 4 So u r c e :  We l d o n  Co o p e r  Center and HRPDC Po p u l a t i o n  Gr o w t h  fr o m  19 6 0 ‐1990 ‐50 %0% 50 % 10 0 % 15 0 % 20 0 % 25 0 % 30 0 % 35 0 % 40 0 %  Ha m p t o n  Ro a d s  Average 5 So u r c e :  We l d o n  Co o p e r  Center and HRPDC Po p u l a t i o n  Gr o w t h  fr o m  19 9 0 ‐2014 6 ‐20 %0% 20 % 40 % 60 % 80 % 10 0 % 12 0 %  Ha m p t o n  Ro a d s  Av e r a g e So u r c e :  We l d o n  Co o p e r  Center and HRPDC An n u a l i z e d  Po p u l a t i o n  Gr o w t h  Over  th e  Pa s t  De c a d e 0. 0 % 0. 2 % 0. 4 % 0. 6 % 0. 8 % 1. 0 % 1. 2 % 1. 4 % 1. 6 % 1. 8 % Is l e  of  Wi g h t V i r g i n i a U n i t e d  St a t e s H a m p t o n  Roads 7 So u r c e :  U. S .  Ce n s u s  Bu r e a u ,  We l d o n  Co o p e r  Center and HRPDC Po p u l a t i o n  Gr o w t h  in  Is l e  of  Wight 8 0 5, 0 0 0 10 , 0 0 0 15 , 0 0 0 20 , 0 0 0 25 , 0 0 0 30 , 0 0 0 35 , 0 0 0 40 , 0 0 0 1960 1962 1964 1966 1968 1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 20062008201020122014 So u r c e :  We l d o n  Co o p e r  Center and HRPDC Po p u l a t i o n  ad d e d  pe r  De c a d e  in  Is l e  of  Wight 0 1, 0 0 0 2, 0 0 0 3, 0 0 0 4, 0 0 0 5, 0 0 0 6, 0 0 0 19 6 0 s 1 9 7 0 s 1 9 8 0 s 1 9 9 0 s 2 0 0 0 s 9 So u r c e :  We l d o n  Co o p e r  Center and HRPDC Fo r e c a s t  fo r  20 4 0 • Po p u l a t i o n • Em p l o y m e n t  by  pl a c e  of  wo r k – Re t a i l – In d u s t r i a l – Of f i c e – Ot h e r • Ho u s e h o l d s • Em p l o y m e n t  by  pl a c e  of  re s i d e n c e • Pa s s e n g e r  Ve h i c l e  Re g i s t r a t i o n s 10 1. L i t e r a t u r e  Re v i e w  of  Fo r e c a s t i n g  Te c h n i q u e s 2. R e v i e w  Be s t  Pr a c t i c e s 3. D a t a  Co l l e c t i o n • Ra w  Da t a • Lo c a l i t y  Da t a • Re s e a r c h  As s u m p t i o n s • Mo d e l  In p u t s 4. P r o d u c e  Dr a f t  Co n t r o l  To t a l s 5. P r o d u c e  Dr a f t  Ju r i s d i c t i o n  To t a l s 6. R e v i e w  Dr a f t  wi t h  Pl a n n i n g  St a f f / L R T P   Su b c o m m i t t e e Fo r e c a s t  Me t h o d o l o g y Re g i o n a l  Co n t r o l  To t a l s 11 Fo r e c a s t  Me t h o d o l o g i e s Li t e r a t u r e  Re v i e w  & Be s t  Pr a c t i c e s Te c h n i q u e s • Ex t r a p o l a t i o n • Ra t i o • Co h o r t • St r u c t u r a l Be s t  Pr a c t i c e s • Di v e r s e  me t h o d o l o g i e s • It e r a t i v e  pr o c e s s • To p  Do w n  / Bo t t o m  Up • Dy n a m i c  / St r u c t u r a l Ev i d e n c e  Su g g e s t s :  Fo r e c a s t  Ac c u r a c y  In c r e a s e s   wi t h  Po p u l a t i o n  Si z e  In c r e a s e s  wi t h  sl o w  st e a d y   po s i t i v e  gr o w t h  ra t e s  De c l i n e s  ov e r  ti m e 12 Lo c a t i o n  of  20 4 0  Ho u s e h o l d s 1 Do t  = 100 Households 13 Lo c a t i o n  of  20 4 0  Em p l o y m e n t 1 Do t  = 10 0  Employees 14 Ch a n g e  in  Ho u s e h o l d s ,  20 0 9  to  2040 1 Do t  = 100 Household  In c r e a s e 1 Do t  = 100 Household  De c r e a s e 15 Ch a n g e  in  Em p l o y m e n t ,  20 0 9  to  2040 1 Do t  = 10 0  Employee In c r e a s e 1 Do t  = 10 0  Employee De c r e a s e 16 To t a l  Po p u l a t i o n  20 4 0 Pe n i n s u l a 5 8 3 , 0 0 0                  Ea s t  So u t h s i d e 8 7 5 , 4 6 6                  We s t  So u t h s i d e 5 3 3 , 5 3 4                  To t a l 1 , 9 9 2 , 0 0 0            20 4 0  Po p u l a t i o n 17 To t a l  Em p l o y m e n t  20 4 0 Pe n i n s u l a 3 7 5 , 4 0 1                  Ea s t  So u t h s i d e 6 4 6 , 2 1 2                  We s t  So u t h s i d e 2 3 0 , 9 8 8                  To t a l 1 , 2 5 2 , 6 0 0            20 4 0  To t a l  Em p l o y m e n t 18 Po r t i o n  of  Po p u l a t i o n  Gr o w t h  2040 20 0 9   Po p u l a t i o n 20 4 0   Po p u l a t i o n Projected Growth Pe n i n s u l a 5 1 9 , 1 2 4                    58 3 , 0 0 0                      63,876              Ea s t  So u t h s i d e 7 6 3 , 8 6 1                    87 5 , 4 6 6                      111,605           We s t  So u t h s i d e 3 4 4 , 2 8 9                    53 3 , 5 3 4                      189,245           To t a l 1 , 6 2 7 , 2 7 4              1, 9 9 2 , 0 0 0              364,726          19 Po r t i o n  of  Em p l o y m e n t  Gr o w t h 20 0 9  To t a l   Em p l o y m e n t 20 4 0  Total  Em p l o y m e n t Projected Growth Pe n i n s u l a 3 1 6 , 6 0 7                        37 5 , 4 0 1                      58,794         Ea s t  So u t h s i d e 5 6 7 , 2 0 3                        64 6 , 2 1 2                      79,009         We s t  So u t h s i d e 1 5 6 , 0 0 8                        23 0 , 9 8 8                      74,981         To t a l 1 , 0 3 9 , 8 1 8                1, 2 5 2 , 6 0 1              212,783     20 Ch a n g e  in  Ho u s e h o l d s ,  20 0 9  to  2040 Is l e  of  Wi g h t 1 Do t  = 10  Ho u s e h o l d  Increase 1 Do t  = 10  Ho u s e h o l d  Decrease 21 Ch a n g e  in  Em p l o y m e n t ,  20 0 9  to  2040 Is l e  of  Wi g h t 1 Do t  = 10  Ho u s e h o l d  Increase 1 Do t  = 10  Ho u s e h o l d  Decrease 22 Pr o j e c t e d  Po p u l a t i o n  Gr o w t h  20 1 0 ‐2040 ‐20 , 0 0 0 0 20 , 0 0 0 40 , 0 0 0 60 , 0 0 0 80 , 0 0 0 10 0 , 0 0 0 12 0 , 0 0 0 23 Pr o j e c t e d  Po p u l a t i o n  Gr o w t h  Ra t e  20 1 0 ‐2040 ‐20 %0% 20 % 40 % 60 % 80 % 10 0 % 12 0 % 14 0 %  Ha m p t o n  Ro a d s  Av e r a g e 24 Pr o j e c t e d  Em p l o y m e n t  Gr o w t h  20 1 0 ‐2040 0 10 , 0 0 0 20 , 0 0 0 30 , 0 0 0 40 , 0 0 0 50 , 0 0 0 60 , 0 0 0 70 , 0 0 0 80 , 0 0 0 25 Pr o j e c t e d  Em p l o y m e n t  Gr o w t h  Ra t e  20 1 0 ‐2040 0% 20 % 40 % 60 % 80 % 10 0 % 12 0 %  Ha m p t o n  Ro a d s  Average 26 Po p u l a t i o n  To t a l s  fo r  Ha m p t o n  Roads 20 1 0 20 4 0 2 0 4 0 So u t h s i d e 1 , 1 5 2 , 6 0 6 1, 4 5 4 , 0 0 0 1 , 3 1 2 , 4 6 5 Ch e s a p e a k e 2 2 2 , 2 0 9 31 4 , 6 0 0 3 1 8 , 4 8 8 Fr a n k l i n 8 , 5 8 2 10 , 8 0 0 1 0 , 6 6 1 Is l e o f W i g h t C o . 3 5 , 2 7 0 62 , 8 0 0 4 4 , 9 2 2 No r f o l k 2 4 2 , 8 0 3 25 3 , 2 0 0 2 6 0 , 6 8 9 Po r t s m o u t h 9 5 , 5 3 5 98 , 2 0 0 9 9 , 9 1 6 So u t h a m p t o n C o . 1 8 , 5 7 0 25 , 5 0 0 1 8 , 4 1 2 Su f f o l k 8 4 , 5 8 5 18 2 , 7 0 0 1 3 2 , 1 8 7 Su r r y C o . 7 , 0 5 8 8, 7 0 0 8 , 0 8 6 Vi r g i n i a B e a c h 4 3 7 , 9 9 4 49 7 , 5 0 0 4 1 9 , 1 0 3 Pe n i n s u l a 5 1 3 , 7 0 4 58 3 , 0 0 0 6 4 7 , 5 1 0 Gl o u c e s t e r C o . 3 6 , 8 5 8 40 , 2 0 0 4 5 , 2 2 2 Ha m p t o n 1 3 7 , 4 3 6 13 7 , 2 0 0 1 3 9 , 6 6 3 Ja m e s C i t y C o . 6 7 , 0 0 9 10 4 , 2 0 0 1 3 6 , 7 3 6 Ne w p o r t N e w s 1 8 0 , 7 1 9 18 9 , 1 0 0 1 9 3 , 8 3 8 Po q u o s o n 1 2 , 1 5 0 12 , 4 0 0 1 6 , 6 0 4 Wi l l i a m s b u r g 1 4 , 0 6 8 17 , 2 0 0 1 7 , 8 2 0 Yo r k C o . 6 5 , 4 6 4 82 , 7 0 0 9 7 , 6 2 7 Ha m p t o n R o a d s 1 , 6 6 6 , 3 1 0 2, 0 3 7 , 0 0 0 1 , 9 5 9 , 9 7 4 LR T P E s t i m a t e s W C C E s t i m a t e s 27 Wh a t  DR I V E S  Po p u l a t i o n  Gr o w t h  at  th e  Lo c a l  Le v e l • Sp a c e • Sc h o o l s – Qu a l i t y  & pe r c e p t i o n • Em p l o y m e n t – Ac c e s s  & op p o r t u n i t y • Af f o r d a b i l i t y – Re l a t i v e  ho u s i n g  co s t s • Am e n i t i e s   • Tr a n s p o r t a t i o n – Ac c e s s  an d  op t i o n s • Qu a l i t y  of  Li f e 28 Co n c l u s i o n • Is l e  of  Wi g h t  ha s  ex p e r i e n c e d  st r o n g  gr o w t h  in  re c e n t  ye a r s • Po p u l a t i o n  an d  em p l o y m e n t  fo r e c a s t s  suggest  th a t  Is l e  of  Wi g h t  wi l l  co n t i n u e  to  ex p e r i e n c e   ve r y  st r o n g  gr o w t h  in  th e  co m i n g  ye a r s • Re a l  es t a t e ,  ed u c a t i o n ,  em p l o y m e n t ,   af f o r d a b i l i t y  an d  qu a l i t y  of  li f e  ar e  im p o r t a n t   fa c t o r s  in  de t e r m i n i n g  th e  ex t e n t  of  gr o w t h 29 Qu e s t i o n s Gr e g  Gr o o t e n d o r s t Ha m p t o n  Ro a d s  Pl a n n i n g  Di s t r i c t  Co m m i s s i o n gg r o o t e n d o r s t @ h r p d c v a . g o v 75 7 . 4 2 0 . 8 3 0 0 30     TO: ANNE SEWARD, COUNTY ADMINISTRATOR FROM: ANDREA S. CLONTZ EMERGENCY MANAGEMENT COORDINATOR CC: JEFF TERWILLIGER, CHIEF OF EMERGENCY SERVICES DATE: MARCH 5, 2015 RE: VOPEX 2015 REPORT Isle of Wight County recently participated in the biennial, required, Federal Emergency Management Agency (FEMA) evaluated Virginia Operational Plan Exercise 2015 (VOPEX 2015) - Surry Power Station Evacuation Assembly Center and Hostile Action Based Full Scale Exercise. The purpose of this exercise is to evaluate participants actions against current response plans and capabilities related to a nuclear power plant incident to demonstrate reasonable assurance that the public can be protected during a nuclear power plant emergency. During VOPEX 2015, Isle of Wight participated in interviews and demonstrations related to our ability establish and operate an Evacuation Assembly Center for the shelter and decontamination of individuals in January and culminated the exercise with the a demonstrated full-scale response to a simulated hostile action based scenario on February 10th. Over the course of the exercise, 263 criteria area were evaluated across 6 primary evaluation areas: Emergency Operations Management, Proactive Decision Making, Protective Action Implementation, Field Measurement and Analysis, Emergency Notification and Public Information, and Support Operations/Facilities. There were more than 80 participants involved with Isle of Wight’s VOPEX 2015 and included representatives from: IOW Department of Emergency Services IOW County Administration IOW Sheriff’s Department IOW Information Technology Department IOW Department of Social Services IOW Emergency Communication IOW Public Schools Administration Portsmouth Fire Regional HazMat Team Virginia Tech Extension Office Western Tidewater Health Department VDEM Hazardous Materials Department Western Tidewater RACES (amateur radio)   Isle of Wight received several commendations for performance during the exercise including:  The Emergency Management Coordinator demonstrated exceptional situational awareness and command and control.  The County’s use of GIS is above par for a local Emergency Management Agency.  At the EAC demonstration, the comprehensive Radiological Officer’s Briefing, demonstrated processing of contaminated emergency workers and vehicles without delay.  The Evacuation Assembly Center demonstration was well organized, prepared, and equipped.  The Western Tidewater RACES demonstrated exceptional competency in providing back up communications through a wide area repeater system.  The electronic registration system used at the EAC demonstration and us of an expedient “Quick Processing Method” to register evacuees is a model for other EACs.  Emergency Workers were dedicated and professional and very knowledgeable of plans and procedures. One area requiring corrective action was noted during the emergency route alerting demonstration: a Deputy recorded exposure rates instead of integrated doses on his Emergency Worker Radiation Exposure Record (REC-1 Form). If you have any questions or would like additional information, please feel free to give me a call at (757)365-6203 or send me an email at aclontz@isleofwightus.net. 1 SUMMARY OF DISCUSSION OF THE ISLE OF WIGHT COUNTY/TOWN OF SMITHFIELD INTERGOVERNMENTAL RELATIONS COMMITTEE MEETING HELD ON FEBRUARY 25, 2015 2:00 PM AT THE SMITHFIELD CENTER 1. Call to Order: The SIRC meeting was called to order by Supervisor Casteen at 2:00 p.m. 2. Review and Approval of Meeting Summation of May 28, 2014: Supervisor Casteen moved that the May 28, 2014 minutes of the SIRC meeting be adopted, which passed unanimously. 3. Shared Services Agreements A. Tourism – Joint Tourism Committee Meeting Schedule/Discussion request from the Town to address meeting frequency (last meeting of June 19, 2013) per adopted agreement: County Administrator Seward is to ensure meeting takes place every six months, as stipulated in the Shared Services Agreement between the Town of Smithfield and the County. B. E-911 Services - Radio System Replacement Project/Discussion request from the County to address cost sharing agreement for the necessary upgrade to the E-911 Radio System: Supervisor Jefferson advised that the Board, at its December 18, 2014 meeting, had adopted a motion authorizing the Sheriff to move forward with acquiring an FCC license and that he return to the Board with the cost and a plan for moving forward with this effort, and that the Board is waiting to hear back from the Sheriff on his progress. Supervisor Casteen commented that the project cannot move forward until additional radio frequencies have been secured. He advised that the Sheriff is anticipating the cost to be $11 million; however, that cost could be several million less. County Administrator Seward commented that the Sheriff, at the most recent meeting of the Emergency Communications Board, had indicated that he would be willing to update the Town Council upon being placed on its agenda. Regarding the E-911 Cost Sharing Agreement and the County’s expectation that this project cost would be a shared capital expense between the County and the Town, Councilman Gregory offered to discuss this with the Council. C. Water Services - Joint discussion request of agreement renewal (August 19, 2015) and exchange of water between the Town/County: Supervisor Casteen advised that it has been five (5) years since the last Water Services Agreement was signed. He stated that his research has revealed that he had worked with Ellen to determine the initial blended rate which was used and a payment schedule. He stated what did not get resolved in the current contract was that the County intended to be trading water/giving the Town the water used in Gatling Pointe and that he had asked Councilman Gregory about that in 2012 and he had reminded him that the Town was pursuing the permits and wanted the County to wait a little while. He advised that the County is still interested in pursuing that exchange. Councilman Gregory advised that the Town of Smithfield had been successful in securing an updated permit; however, it had taken eight years to obtain it. He stated that he would like to clarify one thing because of comments he had heard that the County did not feel like 2 the Town of Smithfield was holding up its end of the deal. He stated his recollection was that before the Agreement was signed in 2010, the County did actually request that the Town provide a date certain when the Town would begin taking water from the County. He stated the Town had been very specific and had sent a hand delivered memo to Doug Caskey which had come back with the Agreement that said that the Town was not in a position to permanently trade water with the County. He stated that was never the design of the Agreement. He stated the memo had stated that the Town Attorney had informed the Smithfield Town Council that the Board of Supervisors had requested that the Town amend the Agreement to include a date certain by which the Town would be willing to purchase water from the County on a permanent basis and that the Town Council was not able to agree to this request for several reasons. He stated that he did not want there to be the impression that the Town had misled the County that the Town was permanently going to trade water when that had not been the case. Supervisor Casteen stated that had been the expectation on the County’s end and that the County had gone to great efforts to address all of that before responding. He stated his recollection was that the Town had not particularly wanted a date certain, but that one of the Board of Supervisors’ members had wanted a date certain. He stated that apparently he had falsely represented to him that the Town would be happy to trade with the County when they did not want to give a specific date. He stated if he had misunderstood his intentions, he apologizes, but that he had managed to convince the rest of the Board to grant the Town that favor. Councilman Gregory stated moving forward, the Town clearly has some permits that expire over the next couple of months as the Water Agreement expires in August and the Sewer Agreement expires in March. He stated returning to the issue of the Water Agreement, it is his understanding that the County is set on running a water line to Gatling Pointe, thus taking away the need for the Town to provide any water to Gatling Pointe. Supervisor Casteen stated that the Annexation Agreement is clear that the County is to provide water if it had it and that the County has been working to do that all along. Councilman Gregory stated it clearly creates an issue for Town residents because it creates a $250,000 a year hole and any future agreement that the Town enters into regarding water is going to have to address some sort of phasing. He stated the Annexation Agreement calls for the County to provide utilities to Gatling Pointe and that he does not know if the Town is going to be interested in providing sewer, if it is not providing water. He stated that does not make sense based on what Supervisor Casteen is saying. Supervisor Casteen reiterated that it has been planning all along, but now the Town is in a different posture. He stated the two bodies are going to have to move forward and come up with some kind of conclusion. Councilman Gregory stated that the Town’s request will most likely be that any agreement the Town enters into with Gatling Pointe will be fairly short term in nature. County Administrator Seward asked if the Town is interested in a shorter term. 3 Councilman Gregory advised possibly for a two-year term. He stated it appears we are getting closer to a situation where we are trying to avoid as many of these joint utility agreements as possible because many times it causes more trouble than it is worth. Supervisor Casteen noted that from the sewer perspective, we will just have to see what makes the most sense. He stated that the cost to Town residents had been brought up and he reminded those present that those same Town residents are County residents. Councilman Gregory commented that he agreed, but if he sees that the County might spend as much as $2 million to put in a water line to take water to somewhere that already has water,, he did not think you would take $250,000 from those same residents. He stated that economically, that did not make sense to the Town, while he agrees it makes sense for the County. He stated that Supervisor Casteen must look out for the County and the County has to look out for the Town and sometimes that doesn’t match up. County Administrator Seward commented that there are two separate agreements which were agreed to in 2010 which were not tied together. She asked if the Town wants to tie them together. Councilman Gregory advised that the agreements do not need to be tied together; however, they probably should run concurrently. Mayor Williams requested County Administrator Seward to keep the Committee apprised as progress occurs. Councilman Gregory requested County Administrator Seward to draft an agreement based on today’s discussion. D. Sanitary Sewer Services - Joint discussion request of agreement renewal (March 24, 2015): (This item was discussed above.) 4. Growth Management/Development Items A. Cash Proffer Consideration, Collection, Distribution, and Breakdown -Discussion request from the County for Town consideration of following the County’s most recent cash proffer study and policy, collection procedures by the Town, distribution procedures to the County, and breakdown of proffer components by locality: Beverly H. Walkup, Director of Planning and Zoning, stated there was a provision in the Annexation Agreement in which the County was to receive the proffers from those developments in the annexation area and that the Town would continue to negotiate proffers for any new development per the cash proffer study that was current at the time with the education proffer going to the County. Town Manager Stephenson said with regards to the annexation area, he does not necessarily think that part expired. He said that he thinks whatever the most recent study says would apply to the annexation area. County Administrator Seward requested that the Town share its cash proffer reports to the State with the County so that staff can keep abreast with what is going on. She asked Mr. 4 Stephenson if the Town would be amenable to cash proffer collection for fire and rescue. She stated that since the County is paying for those facilities, it would be helpful if the County could have an agreement where the Town would pass that along to the County so it could use it to be sure facilities are adequate. County Administrator Seward and Town Manager Stephenson agreed to develop appropriate language for an updated agreement. B. County/Town Courtesy Project Reviews – Discussion request from the County for joint courtesy reviews of projects within one mile of the Town/County border as done previously through the Annexation Agreement: Ms. Walkup offered to develop some appropriate language through the County Administrator and the Town Manager so that each jurisdiction is aware of what is happening at its borders. Mayor Williams stated he certainly would agree to any annexed area to be taken into consideration. County Administrator Seward clarified that the County and Town would work together on that agreement and Mayor Williams agreed. C. Pinewood Heights Relocation Project Status Update – Discussion request from the County concerning the Memorandum of Understanding outlining the County’s financial contribution to assist in the acquisition of rental units and vacant lots with the County having the option to take ownership of any lots purchased with County funds, to recoup some portion of the County’s investment, and to allow for future industrial marketing activities: Ms. Walkup advised that at least phase I has been completed, but the County has not received any update in terms of the contribution. Town Manager Stephenson stated that the Town acknowledges the agreement and the County would have ownership interest in five lots and that the County wanted lots next to the Moody property. Ms. Walkup stated that County Economic Development Staff could assist the Town with marketing that property. Town Manager Stephenson stated he would have to sit down with staff and explain his methodology. County Administrator Seward recommended that staff could set a meeting and work together and Town Manager Stephenson concurred. D. County’s Expansion of Newport DSD Proposal & Town Potential Growth Areas – Discussion request from the Town regarding overlapping plans and service areas: Councilman Gregory stated there are two concerns: The draft Voluntary Annexation Agreement was not honored with no prior notice given to the Town and the ISLE 2040 Plan, involving property bordering the Town, was not shared for review by the Town. Ms. Walkup stated those are two separate issues, the first of which is the agreement regarding the two properties, and secondly, the ISLE 2040 Plan. She advised that typically the Town nor County is involved in the other’s planning process, but once a draft is 5 available for review, it is normally sent to the other jurisdiction. She stated that she does not know if it would have happened any differently if the County was updating its entire Comprehensive Plan. County Administrator Seward stated that she takes every opportunity to correct people who say the plan is driven by water, because it is not. She stated staff works together to see what can be done differently in order to meet a market which has changed drastically with the economy, we have unfortunately stalled growth. She stated this is only a plan. She stated that she had not been aware when she came onboard that the County was issuing debt for operational costs and numbers had not been run to see what the County’s portfolio looked like and why the County’s revenues have been challenged. She stated the County and the Town both serve the same people, but if one of us is not healthy, the other one is going to feel it and even with making changes and modifying plans, the County does not have a good short-term financial future ahead of it with the long term being dictated by what plan is put in place today. She stated we cannot continue on the same path and expect different results and the County is not healthy at this time and will not be for a long time. Councilman Gregory stated that the Town Council wants to work together with the County, but they need to begin to rebuild trust with the County again. He stated the Town is tasked with what the Town will look like in the future and it worries about people wanting to come here. County Administrator Seward stated the County has a three-year plan before payroll will even be covered in the County. She stated the County remains on a path where it is looking for a growth engine and the County is not in a good financial position at this time. E. County Water Service Extension to Gatling Pointe – Discussion request from the Town to as it relates to impact on above water and sanitary sewer agreements: 5. Other Discussion Items Requested A. Smithfield Potential Ball Field Project – Discussion request from the Town to determine whether County funding and partnership remains in place moving forward: Supervisor Casteen advised the funds are not in the County’s capital budget. Councilman Gregory stated this request represents a situation where a donor is willing to donate $1 million and all the County has to contribute is $25,000 annually for eight years to get a facility that will bring in out-of-town people. He stated the Town is not asking for a firm commitment yet, but just wants to identify another location and be able to advise the donor that the County is willing to contribute. He stated this project is about kids, but it will also create an economic impact. Mayor Williams stated that the Town has someone willing to maintain the ball field, keeping it clean and setting up the tournaments. Mark Furlo, Director of Parks and Recreation, commented that some areas of the County do not have recreational areas, but that there is a ball field in Smithfield, tennis courts, trails and a memorial tree garden. He stated the County has $70 million in projects and to fund the ball field which is not in any of the adopted plans first would be hard to justify. 6 Councilman Gregory stated when a $1 million donation is received, you need to find a way to utilize that donation to your advantage and you should amend and adapt your Master Plan to make room for it. Mr. Furlo offered to work with Town staff to locate Federal funds to be used in place of the County’s donation. County Administrator Seward stated that the County has 314 square miles and 36,000 people to keep in mind and a bigger portfolio, and the reality is that the County has a 12% hole in its budget. She stated the lens that the County is looking through is about getting a sustainable community because all those programs must be provided for by the County. B. Boat Taxation by Town and County – Discussion request from the Town to follow up on citizen request for consideration of a tax rate reduction on boats located in the Town and County: Mayor Williams stated the little bit of funds received from the collection of this tax really has not been worth it from the Town’s standpoint and, if the County wishes to consider a tax rate reduction, the Town will too. Supervisor Casteen commented that the County is at such a handicap right now and to consider granting anyone a tax relief would not be recommended. He stated this request may be considered by the County somewhere down the road, but not at this time. C. County Park to Park Trail Enhancement Grant Project & Town Urban Funds - Discussion request from the Town to determine what project agreements and actions are needed from and between the Town/County/VDOT: Following a presentation by Jamie Oliver, Town Manager Stephenson offered to follow up with her and Mr. Furlo. D. West Main Street Sidewalk Extensions & Route 10 Intersection Work - Discussion request from the Town to determine what project agreements and actions are needed from and between the Town/County/VDOT: Jamie Oliver provided an update, concluding that the Town should work through VDOT to make changes to its agreement before further involving the County. 6. Old Business Property Sale to Town of Former IOW Rescue Squad Facility – 1802-A South Church St. Joint discussion request to address Town’s desired acquisition of County half interest in the building consistent with agreement and recent appraisals: Town Attorney Riddick commented that the resulting average appraisal of $510,000 would result in a sale price to the Town of $255,000. A public hearing by the County will be held at the Board’s March or April meeting. Town Manager Stephenson advised that the Town is planning to use that building as a police evidence facility. 7. Adjournment: Supervisor Casteen adjourned the meeting at 3:55 p.m. 1 SUMMARY OF DISCUSSION OF THE PARKS AND RECREATION COMMITTEE OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FOURTH DAY OF MARCH IN THE YEAR TWO THOUSAND AND FIFTHTEEN PRESENT: Rex W. Alphin ABSENT: Rudolph Jefferson Also Attending: Mark Furlo, Director of Parks and Recreation Judy Winslow, Director of Tourism The Public Safety Committee of the Board of Supervisors was called to order at 10:00 a.m. at the Blackwater River Property, on Rattlesnake Trail, Isle of Wight, Virginia. // A tour of the Blackwater River Property was taken. There was discussion on possible future amenities and the timbering of the property and how that would work together with Recreational activities. // The Parks and Recreation Committee of the Board of Supervisors was adjourned at 11:30 a.m. 1 SUMMARY OF DISCUSSION OF THE PUBLIC SAFETY COMMITTEE OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTH DAY OF MARCH IN THE YEAR TWO THOUSAND AND FIFTHTEEN PRESENT: Rex W. Alphin Rudolph Jefferson Also Attending: Anne F. Seward, County Administrator Jeffrey Terwilliger, Chief of Emergency Services Andrea S. Clontz, Emergency Management Coordinator Mary Beth Johnson, Director of Human Resources Donald T. Robertson, Director of Information Resources and Legislative Affairs The Public Safety Committee of the Board of Supervisors was called to order at 10:00 a.m. in the County Administrator’s Conference Room in the New Administration Building located at 17090 Monument Circle, Suite 138, Isle of Wight, Virginia. // An overview of the following was provided by Jeffrey Terwilliger, the County’s Chief of Emergency Services: New schedule implementation; data driven service delivery; resolution of the Medical Director’s concerns regarding Advanced Life Support coverage; capital funding strategy; and, a Virginia Fire Service Board assessment. // The Public Safety Committee of the Board of Supervisors was adjourned at 10:45 a.m.