10-18-2012 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE EIGTHTEENTH DAY OF OCTOBER IN THE
YEAR TWO THOUSAND AND TWELVE
PRESENT: Alan E. Casteen, Chairman
JoAnn W. Hall, Vice - Chairman
Rex W. Alphin
Byron B. Bailey
Delores M. Darden
Also Attending: Mark C. Popovich, County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
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Chairman Casteen called the meeting to order at 5:00 p.m.
Supervisor Darden delivered the invocation.
The Pledge of Allegiance was conducted.
Chairman Casteen called for Approval of the Agenda.
County Attorney Popovich requested the following revisions to the
agenda: Under the County Attorney's report, add three (3) closed meeting
items; under the County Attorney's report, add authorization for a public
hearing on December 20, 2012 to consider a new Ordinance for a Franchise
Agreement for the disposal of residential waste; under the County Attorney's
report, add consideration of the Tak Investments Governors Opportunity
Fund Agreement; under the County Administrator's report, add a request for
immediate authorization to advertise for the Payroll Technician position; and,
under Special Presentations, remove Item (D), the Small Business Close Up.
Supervisor Alphin moved that the Agenda be approved as amended.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
//
Chairman Casteen called for Special Presentations /Appearances.
Students from Smithfield and Windsor High Schools provided a
presentation on the I -sle21 initiative.
A cat available for adoption at the County's animal shelter was
displayed by Animal Control staff.
A report was provided by Mike Stephens, Chairman, Fair Committee,
regarding the 2012 Isle of Wight County Fair.
The presentation by Chuck Lawrence, Captain Chuck A Mucks, under
the Small Business segment of the agenda, was cancelled.
Chairman Casteen called for consideration of the Consent Agenda.
A. Update on the Biosolids Program in Isle of Wight County and
100 -Day Prior Notice of Potential Biosolids Spread by Recyc
Systems, Inc.
B. Update on the Route 460 Corridor Master Plan
C. Correspondence from APM Terminals
D. Section 8 Management Assessment Program Self Certification
E. Local Emergency Management Performance Grant Award FY
2012 -13
Resolution to Accept and Appropriate Grant Funds from
the Virginia Department of Emergency Management for the
LEMPG Program
F. Grant Award — Virginia Department of Environmental Quality
(DEQ) Litter Prevention and Recycling Grant
Resolution to Accept and Appropriate Grant Funds from
the Virginia Department of Environmental Quality for the
Virginia Litter Prevention and Recycling Grant
G. Acceptance of Grant Match Funds
Resolution to Accept and Appropriate Funds from the
County's Volunteer Fire Departments and Rescue Squads
for their Share of the Commonwealth of Virginia Office of
Emergency Medical Services' (OEMS) Rescue Squad
Assistance Fund Grant Match
1)
H. Grant Application — Division of Motor Vehicles (DMV)
Highway Safety Project Grant
Resolution to Accept and Appropriate Grant Funds from
the Virginia Department of Motor Vehicles for the
Highway Safety Project Grant
I. Public Hearing NoticeBenns Grant Offsite Roadway
Improvement Project
J. Petition to Change Public Utilities Emergency Contact
K. Pinewood Heights Relocation Budgetary Profile
L. Fiscal Year 2012 -13 Monthly Financial Reports for County and
Schools
M. August 16, 2012 Special Meeting Minutes
N. August 16, 2012 Regular Meeting Minutes
O. September 17, 2012 Joint Meeting Minutes
Supervisor Alphin moved that the Agenda be adopted as revised. The
motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden,
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
Chairman Casteen called for Regional Reports.
Supervisor Hall reported that the Chamber of Commerce will be
providing a welcome reception to the new student leadership class tomorrow.
She reminded the Board that Isle Fest is on October 26, 2012.
County Administrator Caskey reported that the Hampton Roads
Planning Organization (HRTPO) had received a briefing from the
Commonwealth Transportation Board members concerning the agreement for
the construction of the proposed Route 460 project. He stated there is no
private equity involved in that project, which will be the last project to be
funded by the CTB until new money is found. He advised that Thelma Drake
had provided a presentation on rail improvements coming to Norfolk in
December of 2012 which will go to the Washington, DC area. He advised
that a boat has been acquired for the fast ferry service and the State is now
determining where the docking facilities will need to be located for the
demonstration model project. He advised that Hampton roads regional
bridge study was presented identifying deficiencies that exist throughout the
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region with respect to bridge structures. He stated also presented was the
2013 draft legislative priorities which will be forwarded to the General
Assembly and reviewed by the HRTPO Board.
Chairman Casteen reported that the Hampton Roads Partnership had
received a recap of the Retreat which had been held in September.
County Administrator Caskey reported that the Hampton Roads
Planning District Commission (HRPDC) had reviewed its draft legislative
agenda which will be presented to the full Commission at its November
meeting. He stated the Commission also received a presentation on a new
local emergency preparedness program entitled "Ready Hampton Roads ".
He advised that the Commission has made application for an innovation grant
in the amount of $35,000. He further advised that the Commission's 2012
audit report was presented as a clean audit and that Tom Sheppard had been
reestablished as Chairman and Kenny Wright as Vice Chairman.
Chairman Casteen reported that the Social Services Board's annual
staff appreciation day is in November.
Supervisor Alphin reported that the Solid Waste Committee's options
are being explored as the contract date with the Southeastern Public Service
Authority draws closer to its expiration.
Chairman Casteen reported that the Southside Mayors and Chairs
received a presentation from APM Terminals regarding that company's
reason behind their proposing to operate the ports.
Supervisor Bailey reported that the Western Tidewater Regional Jail
had received a clean audit report by the auditor. Supervisor Hall stated a
request by the Magistrate had been received to make some alterations to the
part of the Jail that serves the Magistrate's office.
Chairman Casteen called for Transportation Matters.
Jamie Oliver, Transportation Planner, advised that staff will be
advertising the paving projects under the Rural Rustic Program next week.
Supervisor Alphin made the Board aware that VDOT no longer carries
any of the cost responsibility for pipe installation for those individuals
wishing to widen their path or driveway.
Chairman Casteen called for Citizens Comments.
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Charlie Sykes, on behalf of the Christian Outreach Program, requested
the Board's consideration in purchasing the old Health Department building
for that Program's use.
Becky McConnell spoke in favor of the Christian Outreach Program
purchasing the old Health Department building from the County.
Wayne Farmer spoke on behalf of the Christian Outreach Program
purchasing the old Health Department building from the County.
Chairman Casteen called for Board comments.
Supervisor Hall spoke in support of the old Health Department building
not being included on the list of County property to be sold and she offered a
suggestion for the Board's consideration that the old Health Department
building instead be leased to Christian Outreach at a minimal cost.
//
Chairman Casteen called for the County Attorney's report.
County Attorney Popovich addressed the Board on the process by
which the County leases property it owns known as the Griffin Farm for the
purpose of farming. He advised that the current lease will expire at the end
of this year and recommended that the Board initiate a RFP for the lease of
such property in the same process as that done by the Industrial Development
Authority.
Supervisor Alphin recommended that the effective date be October 1,
2012.
Supervisor Darden moved to approve the initiation of an RFP process
for the lease of the Griffin Farm property in the same manner as that done by
the Industrial Development Authority effective October 1, 2012. The motion
was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey,
Hall and Alphin voting in favor of the motion and no Supervisors voting
against the motion.
County Attorney Popovich requested the Board to authorize the
Chairman to execute the Covenants and Restrictions on behalf of the Board
as stipulated under the Hazard Mitigation Grant Program for the real property
recently purchased by the County with Federal fiends.
Supervisor Alphin moved that the Chairman be authorized to execute
the Covenants and Restrictions on behalf of the Board. The motion was
adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall
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and Alphin voting in favor of the motion and no Supervisors voting against
the motion.
County Attorney Popovich presented for the Board's consideration a
Uranium Mining Resolution responsive to Supervisor Darden's motion at the
Board's September 20, 2012 meeting.
Supervisor Darden moved that the following Resolution be adopted
and the Chairman authorized to execute it on behalf of the Board:
A RESOLUTION STATING ISLE OF WIGHT COUNTY'S
OPPOSITION TO THE MINING OF URANIUM IN THE
COMMONWEALTH OF VIRGINIA
WHEREAS, Virginia has had a moratorium on uranium mining
for the last 30 years; and
W IEREAS, Virginia Uranium Inc. (VUI) is seeking
to mine an estimated 119 - million -pound uranium ore deposit at
Coles Hill, about six miles northeast of the Town of Chatham
(Pittsylvania County); and
WHEREAS, in the last three and one -half years, there have
been a number of studies relating to uranium mining in Virginia,
several of which have dealt specifically with the proposed
Virginia Uranium, Inc. mine and milling facility at Coles Hill in
Pittsylvania County, upstream of the John H. Kerr Reservoir and Lake
Gaston; and,
WHEREAS, two of the studies consisted of economic
assessments of the proposed Coles Hill project, and both such
studies found that one large, or several small, accidents or releases
would significantly reverse the economic benefit of the project, even
if no serious harm to people or the environment occurred; and
WHEREAS, at the request of the Virginia Coal and Energy
Commission, the National Academies of Sciences (NAS) has
completed a study entitled "Uranium Mining in Virginia: Scientific,
Technical, Environmental, Human Health and Safety, and
Regulatory Aspects of Uranium Mining and Processing in Virginia"
(the "NAS Study "); and
WHEREAS, the NAS Study indicated that: (1) disposal
cells in which radioactive tailings are stored represent significant
long -term risks for radiological and other contamination; (2) limited
data exists to confirm the long -term effectiveness of uranium tailings
disposal cells; and, (3) extreme natural events combined with human
error have the potential to result in the release of contaminants if
1
disposal cells are not designed, constructed or maintained properly, or
if such cells fail to perform as envisioned; and
WHEREAS, the NAS Study also concluded that the
Commonwealth of Virginia has no experience with uranium mining,
that the federal government has little or no experience applying
existing laws and regulations to states with wet climates and extreme
precipitation events, and that "there are gaps in legal and regulatory
coverage for activities involved in uranium mining, processing,
reclamation, and long -term stewardship _ _ - [and] _ _ _ steep
hurdles to be surmounted before mining and /or processing
could be established within a regulatory environment that is
appropriately protective of the health and safety of workers, the
public, and the environment ", and
WHEREAS, based upon the National Academy of Sciences
and other studies, that it cannot be demonstrated to a reasonable
degree of certainty that there would be no significant release of
radioactive sediments downstream of the Coles Hill site under any
circumstances; and
WHEREAS, for a number of legal, regulatory, political,
institutional and technical reasons, it is highly likely that a major
release of tailings downstream from the Coles Hill site would force
the City of Virginia Beach to discontinue pumping of the Lake
Gaston Water Supply Project, at least until contaminant levels had
dropped well below state and federal regulatory levels; and
WHEREAS, during droughts, the Lake Gaston Project provides
up to one -third of the water in the Norfolk, Virginia Beach and
Chesapeake water systems, and the loss of the Lake Gaston project
for an extended period of time could result in water shortages far
greater than those occurring in the 1980 -81 drought; and
WHEREAS, although a discharge of uranium tailings into the
Roanoke River system is unlikely, it would mean that the Lake Gaston
water supply project would be unavailable for use by the South
Hampton Roads area for up to two years; and
WHEREAS, during this worst case scenario of a dry period, it
may be problematic for Norfolk to provide enough water from its water
system to meet the needs of the region; and
WHEREAS, the Western Tidewater Water Authority ( WTWA)
and its member jurisdictions, the City of Suffolk and Isle of Wight
County, executed a water agreement with the City of Norfolk in 2009 to
supply up to 15 million gallons per day of raw water to the WTWA
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member jurisdictions through 2048 which could be impacted or
restricted in the event of a discharge of uranium tailings; and
WHEREAS, while the probability of a major tailings release is
small, the adverse consequences of such a release would be enormous
and unacceptable for the Hampton Roads region and Isle of Wight
County.
NOW, THEREFORE, BE IT RESOLVED BY the Board of
Supervisors of Isle of Wight County, Virginia, that:
1. The Board of Supervisors of Isle of Wight County, Virginia,
hereby formerly states its opposition to uranium mining in Virginia,
including the proposed Virginia Uranium, Inc. project at Coles Hill, and
to the elimination of the existing legislative moratorium on uranium
mining in Virginia.
2. The County Administrator is hereby directed to transmit a
certified copy of this Resolution to each member of the County's
Congressional and General Assembly Delegations.
BE IT FURTHER RESOLVED that the County Administrator be,
and is hereby, authorized and directed to do all things necessary to
effectuate this Resolution.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
County Attorney Popovich advised responsive to Supervisor Darden's
motion at the Board's September 20, 2012 meeting, he has included in the
agenda a Memorandum pertaining to the procedural requirements necessary
for the County to opt out of the preclearance requirements of the Voting Acts
Right of 1964. He stated that if the Board wishes to proceed on that action,
he would request authorization to obtain professional legal services from
someone licensed in the Washington, DC court system.
Supervisor Darden moved that the County Attorney be requested to
return to the Board at its November 15, 2012 meeting with a price range,
background information and what the Board would be undertaking with
respect to obtaining professional legal services from someone licensed in the
court system in Washington, DC. The motion was adopted by a vote of (5 -0)
with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of
the motion and no Supervisors voting against the motion.
County Attorney Popovich advised the Board that discussions with
representatives of Hope Presbyterian Church remain ongoing.
County Attorney Popovich briefed the Board on the court case of
Sinclair v. New Cingular Wireless PCS, LLC which has been decided by the
Virginia Supreme Court this year and has determined that governing bodies
do not have legal authority to delegate waiver authority to a Planning
Commission. He advised that he is in the process of reviewing the County's
Zoning Ordinance with Planning and Zoning staff to insure compliance with
this decision.
County Attorney Popovich briefed the Board on the Virginia Supreme
Courts recent decision in the court case of Hill v. Fairfax County School
Board which pertains to a Freedom of Information Act dispute in which Ms.
Hill claimed that School Board members created a meeting through email
communications without proper public notice. He advised that the Supreme
Court has ruled that the emails between members were not instantaneous in
nature and considered the email communications to be closer in relation to
regular mail and, therefore, did not constitute a meeting.
County Attorney Popovich briefed the Board regarding the Fourth
Circuit Court of Appeals' ruling on the dispute of McBurney v. Steward, et al
as to whether or not non - residents of the Commonwealth can avail
themselves of the rights granted citizens under the Virginia Freedom of
Information Act. He advised that the Fourth Circuit Court of Appeals ruled
that the Virginia Freedom of Information Act is a citizen only law and non-
citizens do not have a right to request governmental information in
accordance with the Act. He further advised that this matter has been granted
appeal to the United States Supreme Court which will be scheduled to be
heard most likely in the spring of 2013.
County Attorney Popovich requested the Board's approval to conduct a
public hearing on December 20, 2012 to consider an Ordinance for a
Franchise Agreement for the Disposal of Residential Waste. He stated that
the County's Franchise Agreement with BFI was extended through December
31, 2012 and he is working with outside attorneys to finalize it as quickly as
possible and they are recommending that the County hold a public hearing
soon.
Supervisor Alphin moved that the County Attorney's office be
authorized to advertise a new Ordinance for a Franchise Agreement for the
Disposal of Residential Waste for public hearing at the Board's December
201 2012 meeting. The motion was adopted by a vote of (5 -0) with
Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the
motion and no Supervisors voting against the motion.
County Attorney Popovich requested the Board's consideration of a
Tak Investments Governors Opportunity Fund Agreement which formally
finalizes the incentives granted to the County using State funds.
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Supervisor Alphin moved to authorize the Chairman to execute the Tak
Investments Governors Opportunity Fund Agreement on behalf of the Board.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
County Attorney Popovich advised that he had four (4) matters to
discuss with the Board later during the closed meeting.
Chairman Casteen called for the Community Development report.
Beverly H. Walkup, Director of Planning and Zoning, presented a
request for payment of the Pinewood Heights final invoice #3 under the
Memorandum of Understanding (MOU) between the Isle of Wight County
Board of Supervisors and the Town Council of the Town of Smithfield. She
advised that County Attorney Popovich has drafted a resolution for the
Board's consideration with respect to the final payment.
Supervisor Hall moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE UNASSIGNED
FUND BALANCE FOR
FINAL PAYMENT OF PINEWOOD HEIGHTS OBLIGATIONS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia (the "Board ") agreed to assist the Town of Smithfield, Virginia (the
"Town ") in the relocation of citizens from the Pinewood Heights Subdivision
through the terms and conditions of that Memorandum of Understanding
( "MOU ") dated April 3, 2007; and,
WHEREAS, it would now appear that the Board's only remaining
obligation per the terms of the MOU are funds in an amount of One Hundred
Fifty -Two Thousand Three Hundred Ninety -Nine Dollars and Ninety -One
Cents ($152,399.91); and
WHEREAS, the funds in said amount needs to be appropriated in order
to bring this matter to conclusion.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that a sum not to exceed One
Hundred Fifty -Two Thousand Three Hundred Ninety -Nine Dollars and
Ninety -One Cents ($152,399.91) is hereby appropriated in order to make the
Board's final payment obligations pursuant to the MOU as follows: Seventy
Thousand Dollars ($70,000.00) is to be used from applicable block grant
program funds and Eighty -Two Thousand Three Hundred Ninety -Nine
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Dollars and Ninety -One Cents ($82,399.91) from the unassigned fund
balance.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustment in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Casteen called for the General Services report.
Eddie P. Wrightson, Director of General Services, responsive to a
Request for Proposal for real estate brokerage services pertaining to the sale
of County -owned property, requested authorization to enter into contract
negotiations with Divaris Real Estate.
Responsive to an inquiry from Supervisor Hall regarding whether or
not the old Health Department property could be excluded from the Request
for Proposal after - the -fact, County Attorney Popovich advised that it is
within the Board's purview to withdraw a parcel from the RFP process at this
point of time if Divaris Real Estate is notified of the Board's decision that it
would like to proceed in that manner and an inquiry is made whether or not
Divaris Real Estate is interested in continuing to move forward or would
prefer to retract its proposal.
Supervisor Hall moved that the County Administrator be authorized to
enter into contract negotiations with Divaris Real Estate for brokerage
services and to execute the same subject to negotiation of terms acceptable to
the County and review and approval by the County Attorney excluding the
old Health Department property. The motion was adopted by a vote of (5 -0)
with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Hall requested Chairman Casteen to begin discussions with
Christian Outreach.
Mr. Wrightson advised that Rushmere Volunteer Fire Department
volunteers are requesting authorization to expend FY2012 Capital funds for
the purchase of three (3) water tanks.
Supervisor Hall moved that staff be authorized to proceed with the
expenditure of funds for the project. The motion was adopted by a vote of
(5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in
favor of the motion and no Supervisors voting against the motion.
Chairman Casteen called for the Economic Development report.
Rachel Chieappa, Rural Economic Development Manager, requested
authorization to apply for matching funds from the Virginia Department of
Agriculture and Consumer Services (VDACS) for the Purchase of
Development Rights (PACE) Program. She advised that the County has
received more than $1 million in matching funds from the Department of
Agriculture, Farm and Preservation Fund and currently the County has been
awarded, but has yet to spend, $123,452 for fiscal years 2011 and 2012. She
advised that once awarded, the County will have two (2) years from the date
of the County's intergovernmental agreement to spend those funds and fiscal
year 2011 funds of $12,500 will expire in May of 2013 and $110,952 will
expire in 2014. She advised that the County is currently eligible to apply for
an additional $150,000 and currently there are funds in an account which is
established to pay debt service on a previous PACE purchase and the Board
would need to appropriate new funds from the Unassigned Fund Balance to
meet this obligation in the amount of $521,904.
Supervisor Darden inquired if the $110,952 has been rolled over and
earmarked as PACE grant funds.
Mr. Terry advised that $110,952 has been awarded and recorded as
estimated revenue. He explained that the County must first spend funds and
be reimbursed later.
Supervisor Darden moved that $521,904 be appropriated for the PACE
Program. The motion was adopted by a vote of (5 -0) with Supervisors
Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and
no Supervisors voting against the motion.
Supervisor Bailey moved that the following Resolution be adopted and
the Chairman authorized to execute it:
Resolution to Apply for Matching Funds from the Virginia Department
of Agriculture and Consumer Services (VDACS) for Purchase of
Development Rights (PACE Program)
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia desire to be awarded matching funds from the Virginia Department
of Agriculture and Consumer Service (VDACS) for Purchase of
Development Rights (PACE Program), and;
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WHEREAS, submission of application requires the County to complete
a Fiscal Certification Form confirming appropriation of funds for the intent
to use such appropriation to purchase perpetual conservation easements, and;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia authorize the appropriation of
unassigned fund balance in the amount of five hundred twenty one thousand
and nine hundred four dollars ($521,904) for the County, PACE Program.
BE IT FURTHER RESOLVED that the County Administrator of the
County of the Isle of Wight, Virginia is authorized to make the appropriate
accounting and budget adjustment and to do all things necessary to give this
resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
//
Chairman Casteen called for the County Administrator's report.
Mr. Robertson presented a Resolution to Accept and Appropriate E-
Rate Funds for the Board's consideration.
Chairman Casteen moved that the following Resolution be adopted and
the Chairman authorized to execute it:
RESOLUTION TO ACCEPT AND APPROPRIATE
E -RATE FUNDS
WHEREAS, Isle of Wight County Schools has received notification of
its eligibility of additional E -rate funds from the Commonwealth of Virginia;
and,
WHEREAS, the E -rate funds in the amount of $50,000 (fifty thousand
dollars) will be used to purchase hardware /software to upgrade the County's
and Public School's firewall; and,
WHEREAS, said E -rate funds need to be accepted and appropriated to
the appropriate line items in the Isle of Wight County Schools FY2012 -13
Operating Budget.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of the County of Isle of Wight, Virginia accepts E -rate funds in
the amount of $50,000 and appropriates said funds to the appropriate line
items in the Isle of Wight County Schools FY2012 -13 Operating Budget.
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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 and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (4 -0) with Supervisors Casteen,
Darden, Bailey and Alphin voting in favor of the motion; no Supervisors
voting against the motion; and, Supervisor Hall absent for the vote.
Mr. Robertson presented a Resolution to Accept and Appropriate
Federal Grant Funds for the Board's consideration.
Chairman Casteen moved that the following Resolution be adopted and
the Chairman authorized to execute it:
RESOLUTION TO ACCEPT AND APPROPRIATE
FEDERAL GRANT FUNDS
WHEREAS, Isle of Wight County Schools has received notification of
the approval of grant funds from several federal sources; and,
WHEREAS, the respective grants include the following funding
amounts:
Regional Governor's School
Project Graduation
Title I
Title II Part D
IDEA Part B Sec 611
$ 16,352.00
$ 20,990.00
$2565267.44
$ 4,859.62
$281,548.11; and,
WHEREAS, said grant fiends need to be accepted and appropriated to
the appropriate line items in the Isle of Wight County Schools FY2012 -13
Operating Budget.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of the County of Isle of Wight, Virginia accepts federal grants
funds in the amount of $580,017.17 and appropriates said funds to the
appropriate line items in the Isle of Wight County Schools FY2012 -13
Operating Budget.
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 and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (4 -0) with Supervisors Casteen,
Darden, Bailey and Alphin voting in favor of the motion; no Supervisors
voting against the motion; and, Supervisor Hall absent for the vote.
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Janet Spencer, Agricultural Extension Agent, requested authorization to
fill the Isle of Wight Extension Agent position.
Supervisor Darden moved to approve the request to fill the Extension
Agent for 4 -H Youth Development position. The motion was adopted by a
vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
Judy Wells, Treasurer, requested authorization to hire a full -time
Deputy Clerk I position and a part-time Utilities Accounting Technician
position.
Chairman Casteen moved to authorize staff and the Treasurer's office
to hire one (1) full -time Deputy Clerk I and one (1) part-time Utilities
Accounting Technician. The motion was adopted by a vote of (5 -0) with
Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the
motion and no Supervisors voting against the motion.
Mr. Robertson requested authorization to fill the vacant Payroll
Technician position.
Chairman Casteen moved that staff be authorized to immediately
advertise for a Payroll Technician position. The motion was adopted by a
vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
Chairman Casteen called for Appointments.
Chairman Casteen moved that Carey Whitley be appointed to serve on
the Commission on Aging representing the Smithfield District and replacing
Anne B. Martin. The motion was adopted by a vote of (5 -0) with
Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the
motion and no Supervisors voting against the motion.
Chairman Casteen moved that Edwin Little be reappointed to serve on
the Boykin's Tavern Advisory Committee representing the Smithfield
District. The motion was adopted by a vote of (5 -0) with Supervisors
Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and
no Supervisors voting against the motion.
Supervisor Darden moved that Tom Alphin be reappointed to serve on
the Purchase of Agricultural Conservation Easement (PACE) Program. The
motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden,
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
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Supervisor Darden moved that Bryan Babb be reappointed to serve on
the Purchase of Agricultural Conservation Easement (PACE) Program. The
motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden,
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Darden moved that Pete Carr be reappointed to serve on the
Purchase of Agricultural Conservation Easement (PACE) Program. The
motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden,
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Darden moved that Durwood Scott be reappointed to serve
on the Historical Architecture Review Committee representing the Windsor
District. The motion was adopted by a vote of (5 -0) with Supervisors
Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and
no Supervisors voting against the motion.
Supervisor Bailey moved that Albert P. Burckard be reappointed to
serve on the Boykin's Tavern Advisory Committee. The motion was adopted
by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
Chairman Casteen called for Old Business.
Mr. Wrightson requested authorization to advertise for and receive
construction bids for the proposed Isle of Wight Volunteer Rescue Squad
facility.
Supervisor Bailey moved that staff be authorized to advertise for and
receive bids for the construction of the proposed Isle of Wight Volunteer
Rescue Squad facility on Great Springs Road. The motion was adopted by a
vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
Chairman Casteen called for New Business.
There was no new business offered for discussion.
Chairman Casteen declared a recess.
16
The Board returned to open session at 7:00 p.m.
Chairman Casteen called for a public hearing on the following:
A. The application of David A. and Amy M. Stoup, applicants and
owners, to amend Conditional Use Permit No. CUP -06 -07 to
allow for the expansion of a Recreational Vehicle Sales and
Service operation (Coastal RV) adding additional acreage to
encompass a total of approximately 3.82 acres of land for the
property located at 21373 Brewers Neck Boulevard, Carrollton,
in the Newport Election District.
Ms. Walkup presented the application and advised that the Planning
Commission recommended the application to the Board by unanimous vote.
Chairman Casteen called for persons to speak in favor or in opposition
to the application.
Mr. David A. Stoup, applicant, requested the Board's approval so that
the parking area at his business can be increased.
Chairman Casteen closed the public hearing and called for comments
from the Board.
Supervisor Bailey moved that the application be approved. The
motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden,
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
Chairman Casteen called for a public hearing on the following:
B. The application of American K -9 Interdiction, LLC, applicant
and owner to amend Special Use Permit No. SUP -01 -10 to
modify Condition No. 3 to allow for separate human and canine
waste treatment and to add additional acreage for their business
operations for the property located at 4007 Burdette Road in the
Carrsville Election District.
Matthew Smolnik, Assistant Director of Planning and Zoning,
presented the application.
Chairman Casteen called for persons to speak in favor of or in
opposition to the application.
William Riddick, Attorney, representing the applicants, requested the
Board to approve his client's application.
17
Chairman Casteen closed the public hearing and called for comments
from the Board.
Supervisor Alphin moved that the application be approved. The
motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden,
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
Chairman Casteen called for a public hearing on the following:
C. An Ordinance to Amend and Reenact the Isle of Wight County
Code by Amending and Reenacting Appendix A. Subdivisions,
Article 3. Administration and Procedures Section
3.2.3. Subdivision General to grant the Subdivision Agent the
authority to permit the separation of one parcel from a tract of
land without complying with all of the requirements of the
ordinance if it is not in conflict with the general meaning and
purpose of the ordinance, and Article 5. Development Standards
Section 5.17 Solid Waste Refuse Collection to properly codify
the_requirement that all subdivision lots on new streets in
subdivisions platted subsequent to August 1, 1997, shall be
required to utilize door to door solid waste refuse collection.
Ms. Walkup presented the Ordinance for the Board's consideration.
She stated that the Planning Commission unanimously recommended the
Board adopt the Ordinance.
Chairman Casteen called for persons to speak in favor of or in
opposition to the proposed Ordinance.
No one appeared and spoke.
Chairman Casteen closed the public hearing and called for comments
from the Board.
Supervisor Bailey moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
APPENDIX A. SUBDIVISIONS.
ARTICLE 3. ADMINISTRATION AND PROCEDURES
SECTION 3.2.3. SUBDIVISION. GENERAL.
AND
ARTICLE 5. DEVELOPMENT STANDARDS SECTION 5.17 SOLID
WASTE REFUSE COLLECTION
W.
WHEREAS, the Isle of Wight County Board of Supervisors adopted a
complete revision of the Isle of Wight County Subdivision Ordinance at its
November 20, 2008 regularly scheduled meeting; and
WHEREAS, the 2008 revision inadvertently removed language
reference the previous codified Subdivision Ordinance, in which granted the
Subdivision Agent the authority to permit the separation of one parcel from a
tract of land without complying with all of the requirements of the ordinance
if it is not in conflict with the general meaning and purpose of the ordinance;
and
WHEREAS, the 2008 revision inadvertently removed language
reference the previous codified Subdivision Ordinance, in which required all
subdivision lots on new streets in subdivisions platted subsequent to August
1, 1997, shall be required to utilize the door to door solid waste refuse
collection by the duly authorized and franchised collectors and haulers as
determined by the Board of Supervisors of Isle of Wight County, Virginia;
and
WHEREAS, in order to properly codify the Board of Supervisors
conveyance of acceptance authority within the revised Subdivision Ordinance
the Board of Supervisors reenact its previously adopted revision to the
Subdivision.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, that Appendix A. Subdivisions. Article 3.
Administration and Procedures. Section 3.2.3. Subdivision, General be
amended and reenacted as follows:
Sec. 3.2.3. Subdivision, General.
A. Applicability
Subdivision review is required for any division of land within the County.
However, certain subdivision activities may be eligible to receive an
exception of compliance from certain requirements of this Ordinance as
described in Section 3.2.3B, below.
B. Exception to Subdivision Requirements
1. Actions Eligible for Exception
Upon submittal of a survey plat prepared by a licensed professional, the
Subdivision Agent may grant an exception allowing one or more of the
following actions without further compliance with the requirements of this
Ordinance. However, this shall not be construed as an exemption from this
Ordinance.
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a. Agricultural, Horticultural, or Silvicultural
The division of land into parcels greater than ten acres for bona fide
agricultural, horticultural, or silvicultural purposes where no street right -of-
way dedication is involved and where there is no change in the intensity of
use, provided such divisions shall have the following notation prominently
set forth on the recorded plat:
"Residential development on any lots shown will require Residential
Zoning pursuant to Section 3.2.3C of the Subdivision Ordinance of Isle
of Wight County, Virginia, as amended."
b. Lots not Fronting on a Public Road
1) Subject to the required zoning, the division of a tract in single ownership
into two lots not fronting a public road, where a 20 foot access easement is
provided, and both lots comply with the requirements of this Ordinance.
2) Subject to the required zoning, the division of a tract for commercial lots
not fronting on a public road provided that the lots front on a private road
that is built to the minimum VDOT street standards, and where the private
road shall be maintained by adjacent property owners and guaranteed in
writing with a private road maintenance agreement. This agreement shall be
revised upon any change in ownership and prior to any additional subdivision
approval on lots served by the private road.
c. Boundary Line Adjustments
1) The public acquisition of strips of land for the widening or opening of
streets.
2) The combination or recombination of portions of previously subdivided
and recorded lots where the total number of lots does not increase and each
resulting lot conforms to the requirements of this Ordinance and applicable
requirements of the Zoning Ordinance.
3) The plat making the transfer(s) related to the sale, exchange or other
transfer of parcels between adjoining property owners, where it does not
create additional lots or make existing lots of lesser width or area than
required by this Ordinance.
4) Boundary line adjustments to any valid and properly recorded plat,
including vacation or alteration, provided the requirements of Section 15.2-
2275 of the Code of Virginia and the following requirements are met:
lots;
(a) The adjustment does not result in the creation of irregularly shaped
20
(b) The adjustment is executed by the owner or owners of such land as
provided in Section 15.2 -2264 of the Code of Virginia;
(c) The adjustment does not result in any new violations to the
dimensional requirements of the Zoning Ordinance;
(d) The adjustment does not involve the relocation or alteration of
streets, alleys, easements for public passage, or other public areas; and
(e) No easements or utility rights -of -way shall be relocated or altered
without the express written consent of all persons or entities holding any
interest in the easement or rights -of -way.
d. Well Lot and Pump Station Lots
That will be dedicated to the County upon completion and meet the
applicable yard setbacks for the zoning district of subject lot and applicable
screening standards in the Zoning Ordinance.
e. Family Burial Plots
Family burial plots shall meet the requirements of the Zoning Ordinance.
f. Lots with Existing Established Metes and Bounds and /or Divided by
Existing Public Roads
The agent or his designee may permit the separation of one parcel from a
tract of land without complying with all of the requirements of this
Ordinance if it is not in conflict with the general meaning and purpose of the
ordinance.
2. Conditions for Exception
In order to approve an exception from the requirements of this Ordinance, the
Subdivision Agent must find the following:
a. No subdivision shall result in the creation of a nonconforming lot or
lots as set forth in the Zoning Ordinance.
b. Where applicable, the recorded plat must include a private easement
at least 20 feet wide for ingress and egress to each lot which does not abut on
an existing public road
unless otherwise expressly permitted by this Ordinance. The Board of
Supervisors may require larger or smaller easement widths in special
circumstances.
c. Where applicable, the following language must be prominently set
forth on the face of the recorded plat of survey and added as a covenant in
21
every deed for every lot in any subdivision in which streets are proposed to
be established to a standard less than those set by VDOT for acceptance as
part of the secondary system:
"a) The streets in this subdivision do not meet the standards necessary
for inclusion in the system of state highways and will not be
maintained by the Virginia Department of Transportation (VDOT) or
the County and are not eligible for rural addition funds or any other
funds appropriated by the General Assembly and allocated by the
Commonwealth Transportation Board; b) It is not the policy of the
Board of Supervisors of Isle of Wight County, Virginia or VDOT to
accept or maintain private streets until the streets are constructed
pursuant to the specifications for construction of secondary roads as
promulgated by VDOT; c) The streets in this subdivision will have to
be constructed in full compliance with VDOT requirements in effect at
the time of the request by the property owners prior to requesting
addition of the street into the State Secondary Road System of Isle of
Wight County." d.) It is not the policy of the School Board of Isle of
Wight County, Virginia to allow school buses to travel on other than
publicly maintained roads."
3. Plat Recordation Required
Documents showing lots created with an exception under this section must be
stamped by the Subdivision Agent noting their exception, and signed so they
may be recorded with the Clerk in conformance with Section 3.2.31), Plat
Approval and Recordation Required.
C. Zoning Requirements
1. Residential Zoning Required
Except as provided below, all proposed subdivisions for residential purposes
must be zoned residential as defined in Section 5.4.2 (RR, NC, SE, SR, UR,
VC, PD -R, PDMH, or PD -MX) or conditional residential (C -RR, C -NC, C-
SE, C -SR, C -UR, C -VC, C -PD -R, C -PD -MH or C- PD -MX,) pursuant to the
Zoning Ordinance prior to final subdivision plat approval.
2. Exempt from Zoning Requirement
a. Family Member Subdivision
The Subdivision Agent may waive the requirement for residential zoning for
a subdivision approved as a Family Member Subdivision (See Section 3.2.4).
b. Manufactured Home
22
The Subdivision Agent may waive the requirement for residential zoning for
the placement of a manufactured house on a permanent foundation on an
existing individual lot located in the Rural Agricultural Conservation (RAC)
District as established in the Zoning Ordinance.
c. Clustering /Sliding Scale "By- Right" Provisions for Single - Family
Residential Development in Rural Agricultural Conservation District as
designated in the Isle of Wight County Comprehensive Plan
Under the sliding scale development provision, a tract of land containing 100
contiguous acres or greater zoned Rural Agricultural Conservation will be
allowed four (4) divisions. One (1) additional lot or dwelling unit will be
permitted for every additional forty (40) acres encompassed by the overall
tract. For example, a one hundred forty (140) acre tract will yield five (5)
lots. Minimum permissible lot sizes shall be encouraged so as not to allow
subdivision development which is land consumptive; however, each lot must
meet the minimum lot requirements for the Rural Agricultural Conservation
(RAC) District.
1. In addition to the base density permitted above and the minimum lot size,
width and frontage requirements of the underlying zoning district, the
following standards shall be met:
a) All residential lots created through the act of subdivision shall be
contiguously grouped and served by one point of access to County roads and
shall comply with Section 5.9 (Streets) of the Isle of Wight County
Subdivision Ordinance.
b) Residential structures in the subdivision shall 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.
c) All residential structures should be setback at least 100 feet from all
active farm operations.
d) A central water supply system shall be provided to serve the
subdivisions with over 14 lots.
e) The maximum lot size for any new lot created shall be ten (10) acres,
unless otherwise approved by the Board of Supervisors or required by the
County Health Department.
f) No lot shall be designed, approved or employed for use in which an
area more than 30% of the prescribed minimum lot area is comprised of one
or more of the environmentally sensitive areas referenced in the net
developable calculations of the Zoning Ordinance. This shall not apply to lots
specifically created exclusively to preserve and maintain environmentally
sensitive areas.
23
g) Lots shall be located to preserve 70% of the original tract size in
order to maximize continued use of the residual parcel for agricultural and
silvicultural purposes.
h) All areas not included in lots or public street rights -of -way shall be
incorporated into common open space and may be used for natural or
landscaped buffers; agricultural uses including farmland and pasture not
generating noxious odors such as land application of sewage sludge, hog or
poultry farms or similar uses; horticulture; recreational use; historic
preservation; forests; wildlife reservations and conservation areas; private
stables for personal enjoyment; or other similar use.
i) The common open space shall be arranged and designed so as to
facilitate its use, ensure continuity of design, and preserve sensitive
environmental features. Failure to achieve these goals shall be sufficient
reason for the agent to deny applications for open space development plan
approval or require modifications that may include loss of lots.
j) Recreational areas shall not about the exterior boundary of the open
space development unless entirely adjacent to a publicly -owned facility or
community recreation facility of an adjoining residential development.
k) Adequate pedestrian and bicycle facilities shall be provided which
fully interconnect the development and its recreation areas both internally
and with existing, planned or desirable external pedestrian and bicycle
facilities.
1) Final plats recorded and all deeds for lots within the cluster
development shall bear a statement indicating that the land is within an
approved residential cluster subdivision and shall also bear a statement
indicating the ownership status of the development's open space system and
shall reference the covenants creating a property owners association which
shall also be recorded at the time final plats are put to record.
m) With approval of the Planning Commission, common open space
within a cluster subdivision may be held by other than a property owner
association for agricultural uses including farmland, pasture, horticulture,
recreational use, historic preservation, forests, wildlife reservations and
conservation areas or other similar use.
n) Family Member Subdivisions shall be prohibited.
o) Manufactured Homes, Class A and B, and Residential Accessory
Apartments shall require a Conditional Use Permit.
D. Plat Approval and Recordation Required
24
1. All subdivision plats within the County must be submitted, approved, and
certified by the Subdivision Agent in conformance with this Ordinance prior
to recordation with the Clerk of the Circuit Court of Isle of Wight County.
2. A plat or other instrument showing the approved division of any land
subdivided within Isle of Wight County shall be recorded with the Clerk of
the Circuit Court of Isle of Wight County within six months of final plat
approval. Plat approval shall be deemed void if the plat is not recorded within
this period, and a new application for final plat approval shall be required
prior to recordation. However, in any case where construction of facilities to
be dedicated for public use has commenced pursuant to an approved plan or
permit with surety approved by the County, or where the developer has
furnished surety to the County by certified check, cash escrow, bond, or letter
of credit in the amount of the estimated cost of construction of such facilities,
the time for plat recordation shall be extended to one year after final approval
or to the time limit specified in the surety agreement approved County,
whichever is greater. The following language shall be prominently stamped
on the face of the approved plat and certified by the Subdivision Agent:
"This subdivision plat has been found to be in conformance with the
Isle of Wight County Subdivision Ordinance and must be recorded
with the Office of the Clerk of Circuit Court of Isle of Wight County
within six months of the date of approval. Approval will be deemed
void after six months and the plat must be resubmitted for approval.
Date
Agent:
of Approval:
II
Subdivision
3. No lot shall be transferred by deed in any subdivision before the
subdivision plat has been recorded.
4. No land dedicated to the County, as shown on the plat, shall be accepted
by the County unless and until the agent has accepted the dedication. Such
acceptance of dedication shall be evidenced by signature of the Subdivision
Agent after the following notation on the recorded plat:
"I, the Director of Planning and Zoning for Isle of Wight County,
Virginia, as Subdivision Agent, do hereby accept the dedication(s)
made to Isle of Wight County, Virginia, as set forth herein."
5. Other signatures or approval certifications may be required prior to plat
recordation.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, that Appendix A. Subdivisions. Article 5.
Development Standards Section 5.17 Solid Waste Refuse Collection be
amended and reenacted as follows:
25
5.17 Solid waste refuse collection. All subdivision lots on new streets in
subdivisions platted subsequent to August 1, 1997, shall be required to utilize
the door to door solid waste refuse collection by the duly authorized and
franchised collectors and haulers as determined by the Board of Supervisors
of Isle of Wight County, Virginia.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Casteen called for a public hearing on the following:
D. An Ordinance to Amend and Reenact the Isle of Wight County
Code by Amending and Reenacting Appendix B -1, Chesapeake
Bay Preservation Area Ordinance (CBPAO), Section 4 -4001,
Development Criteria for Resource Protection Areas, to reduce
certain restrictions regarding redevelopment on isolated
redevelopment sites; Section 4 -4003, Water Quality Impact
Assessment (WQIA), to allow a wider range of professional
people to submit applications for shoreline and embankment
erosion control projects and to allow a streamlined WQIA "short
form "; and Section 5 -5001, Nonconforming Uses and
Nonconforming Structures, to allow the moving of a
nonconforming structure out of the Resource Protection Area
without having to submit a WQIA.
Kim Hummel, Planner, presented the Ordinance for the Board's
consideration.
Chairman Casteen called for persons to speak in favor or in opposition
to the proposed Ordinance.
No one appeared and spoke.
Chairman Casteen closed the public hearing and called for comments
from the Board.
Supervisor Bailey moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND
REENACTING APPENDIX B -1, CHESAPEAKE BAY PRESERVATION
AREA ORDINANCE (CBPAO), SECTION 4001, (DEVELOPMENT
CRITERIA FOR RESOURCE PROTECTION AREAS), TO REDUCE
CERTAIN RESTRICTIONS REGARDING REDEVELOPMENT ON
ISOLATED REDEVELOPMENT SITES; SECTION 4003 (WATER
QUALITY IMPACT ASSESSMENT), TO ALLOW FOR A WIDER
26
RANGE OF PROFESSIONAL PEOPLE TO SUBMIT APPLICATIONS
FOR SHORELINE AND EMBANKMENT EROSION CONTROL
PROJECTS AND TO INTRODUCE A STREAMLINED WATER
QUALITY IMPACT ASSESSMENT (WQIA) "SHORT FORM "; AND
SECTION 5001 (NONCONFORMING USES AND NONCONFORMING
STRUCTURES), TO ALLOW THE MOVING OF A NONCONFORMING
STRUCTURE OUT OF THE RESOURCE PROTECTION AREA
WITHOUT HAVING TO SUBMIT A WQIA.
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 also
desires to provide clarification of the Chesapeake Bay Preservation Area
Ordinance language and to facilitate flexibility in the administration of the
Ordinance regulations within Isle of Wight County while protecting the
natural environment and the health, safety, and general welfare of present and
future residents and businesses.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B -1, Chesapeake Bay Preservation Area
Ordinance (CBPAO), Section 4001, Development Criteria for Resource
Protection Areas, of the Isle of Wight County Code, be amended and
reenacted as follows:
Section 4001. Development Criteria for Resource Protection Areas.
a) Land development in Resource Protection Areas may be allowed in
accordance with other county ordinances only when permitted by the
Zoning Administrator and if it:
i. Is water - dependent; or
ii. Constitutes redevelopment;
iii. Is a new use subject to the provisions of Section 4002 B.2. of
this Ordinance;
iv. Is a road or driveway crossing satisfying the conditions set forth
in Section 4001. A.3. below; or,
v. Is a flood control or stormwater management facility that drains
or treats water from multiple development projects or from a
significant portion of a watershed provided i) the local
government has conclusively established that the location of the
27
facility within the Resource Protection Area is the optimum
location; ii) the size of the facility if the minimum necessary to
provide for flood control, stormwater management, or both; iii)
the facility must be consistent with a stormwater management
program that has been approved by the Board as a Phase 1
modification to the local government's program; iv) all
applicable permits for construction in state or federal waters
must be obtained from the appropriate state or federal agencies;
v) approval must be received from the local government prior to
construction; and vi) routine maintenance is allowed to be
performed on such facilities to assure that they continue to
function as designed. It is not the intent of this subsection to
allow a best management practice that collects and treats runoff
from only an individual lot or some portion of the lot to be
located within a Resource Protection Area.
1. A new or expanded water dependent facility may be allowed
provided that the following criteria are met:
a. It does not conflict with the comprehensive plan;
b. It complies with the performance criteria set forth in
Section 4001 and 4002 of this ordinance;
c. Any nonwater - dependent component is located outside of
the RPA; and
d. Access to the water - dependent facility will be provided
with the minimum disturbance necessary. Where
practicable, a single point of access will be provided.
2. Redevelopment on isolated redevelopment sites shall be
permitted only if there is not an increase in the amount of
impervious cover, and no further encroachment occurs within the
RPA, and it shall conform to applicable erosion and sediment
control requirements outlined under Section 4000. B.5. and the
stormwater management requirements outlined under Section
4000. B.9. of this ordinance. For purposes of this section, in
redeveloping a site, the encroachment of a proposed building or
structure shall be based on the location of existing buildings or
structures, or the locations of legally established historical
buildings or structures, or parking and other impervious cover
located on the site. (Amended 10/18/12)
3. Roads and driveways not exempt under Section 3002 and which,
therefore, must comply with the provisions of this ordinance,
may be constructed in or across RPAs if each of the following
conditions are met:
r:
a. The Zoning Administrator makes a finding that there are no
reasonable alternatives to aligning the road or drive in or
across the RPA;
b. The alignment and design of the road or driveway are
optimized, consistent with other applicable requirements, to
minimize encroachment in the RPA and minimize adverse
effects on water quality;
c. The design and construction of the road or driveway satisfy
all applicable criteria of this ordinance;
d. The Zoning Administrator reviews the plan for the road or
driveway proposed in or across the RPA in coordination
with the plan of development requirements as required
under Section 5000 or subdivision plan.
b) A water quality impact assessment as outlined in Section 4003 of this
ordinance shall be required for any proposed land disturbance,
development or redevelopment within Resource Protection Areas.
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B -1, Chesapeake Bay
Preservation Area Ordinance, Section 4003, Water Quality Impact
Assessment (WQIA), of the Isle of Wight County Code be amended and
reenacted as follows:
Section 4003. Water Quality Impact Assessment.
a) Purpose and Intent
The purpose of the water quality impact assessment is to: 1) identify
the impacts of proposed land disturbance, development or
redevelopment on water quality and lands in RPAs and other
environmentally sensitive lands; ii) ensure that, where land disturbance,
development or redevelopment does take place within RPAs and other
sensitive lands, it will occur on those portions of a site and in a manner
that will be least disruptive to the natural functions of RPAs and other
sensitive lands; iii) protect individuals from investing funds for
improvements proposed for location on lands unsuited for such
development because of high ground water, erosion, or vulnerability to
flood and storm damage; iv) provide for administrative relief from
terms of this ordinance when warranted and in accordance with the
requirements contained herein; and v) specify mitigation which will
address water quality protection.
b) Applicability
29
C)
A water quality impact assessment shall be required for any
development or rezoning in the Chesapeake Bay Preservation Area
which:
i. Will disturb any portion of the 100 foot buffer area of an
RPA, or any component identified in Section 3000 B.1.;
ii. Contains ten (10) acres or more for any use, other than
development of single family detached residential lots;
iii. Contains twenty -five (25) acres or more for the
development of single family detached residential lots; or
iv. Any other development that may warrant such assessment
due to unique characteristics of the site or intensity of the
proposed use or development, as may be required by the
Zoning Administrator.
Contents of the Impact Assessment.
The information required below shall be considered a minimum, unless
the Zoning Administrator determines that some of the elements are
unnecessary due to the scope and nature of the proposed use and
development of land.
1. A site plan, which shall at minimum, contain the following:
a. Location of the components of the Resource Protection Area,
including the 100 foot buffer area delineated in accordance
with Section 3001; (Amended 12/18/04)
b. Location and nature of the proposed encroachment into the
buffer area, including, type of paving material; areas of
clearing or grading; location of any structures, drives, or other
impervious cover; and sewage disposal systems or reserve
drainfield sites;
c. Type and location of proposed best management practices to
mitigate the proposed encroachment;
d. Location of existing vegetation onsite, including the number
and type of trees and other vegetation to be removed in the
buffer to accommodate the encroachment or modification;
e. Re- vegetation plan that supplements
vegetation in a manner that provides
erosion and runoff control.
30
the existing buffer
for pollutant removal,
2. A hydrogeological element that:
a. Describes the existing topography, soils, and hydrology of the
site and adjacent lands.
b. Describes the impacts of the proposed development on
topography, soils, hydrology, and geology on the site and
adjacent lands.
c. Indicates the following:
i. Disturbance or removal of wetlands and justification for
such action;
ii. Disruptions or reductions in the supply of water to
wetland, streams, lakes, rivers, or other water bodies;
iii. Disruptions to existing hydrology including wetland and
stream circulation patterns;
iv. Source location of description of proposed fill material;
v. Location of dredging and location of dumping area for
such dredged material;
vi. Estimation of pre- and post development pollutant loads
in runoff;
vii. Estimation of percent increase in impervious surface on
site, type(s) of surfacing material used;
viii. Percent of site to be cleared for project;
ix. Anticipated duration and phasing schedule of
construction project;
x. Listing of all requisite permits from all applicable
agencies necessary to develop project.
d. Describes the proposed mitigation measures for the potential
hydrogeological impacts. Potential mitigative measures
include:
i. Additional proposed erosion and sediment control
concepts beyond those normally required under Section
4000. B.5. of this ordinance; these additional concepts
may include the following: minimizing the extent of
31
cleared area; perimeter controls; reduction of runoff
velocities; measures to stabilize disturbed areas;
schedule and personnel for site inspection.
ii. Proposed stormwater management system for nonpoint
source quality and quantity control.
3. A vegetative element that:
a. Identifies and delineates the location of all woody plant
material on site, including all trees on site 8 inches or greater
diameter at breast height or, where there are groups of trees,
said stands may be outlined.
b. Describes the impacts the development or use will have on the
existing vegetation. Information should include:
i. General limits of clearing, based on all anticipated
improvements, including buildings, drives, and utilities;
ii. Clear delineation of all trees and other woody vegetation
which will be removed;
iii. Description of all plant species to be disturbed or
removed.
c. Describes the proposed measures for mitigation. Possible
mitigation measures include:
i. Proposed design plan and replanting schedule for trees
and other woody vegetation removed for construction,
including a list of proposed plants and trees to be used;
ii. Demonstration that the re- vegetation plan supplements
the existing buffer vegetation in a manner that provides
for pollutant removal, erosion and runoff control;
iii. Demonstration that the design of the plan will preserve
to the greatest extent possible any significant trees and
vegetation on the site and will provide maximum
erosion control and overload flow benefits from such
vegetation;
iv. Demonstration that indigenous plants are to be used to
greatest extent possible.
4. In the case of a WQIA for shoreline and bank stabilization projects,
the following items shall be required:
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a. Completion of the Shoreline Erosion Control Water Quality
Impact Assessment form, as provided by the Zoning
Administrator and kept on file with the Department of
Planning and Zoning. (Amended 10/18/12)
b. An environmental assessment as follows:
i. The environmental site assessment shall be drawn to
scale and clearly delineate the environmental
components identified in Section 3000.13. of this
ordinance;
ii. Wetlands delineations shall be performed consistent
with the procedures specified in the "Federal Manual
for Identifying and Delineating Jurisdictional
Wetlands, 1987," and updates as they become
available;
iii. The environmental assessment shall delineate the
geographic extent of the Resource Protection Area on
the specific site or parcel as required under Section
3001 of this ordinance;
iv. The environmental assessment shall be drawn at the
same scale as the preliminary site plan or subdivision
plat.
c. A landscaping plan in accordance with Section 5000.C.,
except that the plans may be submitted by any qualified
professional, including shoreline contractors and nursery
professionals;
d. A stormwater management plan in accordance with Chapter
14A of the Isle of Wight County Code, as required by state
code Section 10.1 -563;
e. An erosion and sediment control plan in accordance with
Section 5000.E;
f. Project construction plans shall be certified as complete and
accurate by a professional shoreline engineer or other
qualified professional, as determined by the Zoning
Administrator, as well as a determination as to the necessity of
the project. (Amended 10/18/12)
5. For phased projects, an updated WQIA shall be provided for each
phase to the county planning and zoning department demonstrating
33
the project's compliance with the criteria of the original WQIA. An
updated WQIA shall be required until all phases of the project are
complete.
d) Submission, Review Requirements, and Evaluation Procedure
1. Twenty five (25) copies of all site drawings and other applicable
information as required by Subsection C above shall be submitted to
the Zoning Administrator for review.
2. All information required in this section shall be certified as complete
and accurate by a professional engineer or certified land surveyor
qualified to prepare such information.
3. Upon receipt of a water quality impact assessment, the Zoning
Administrator will determine if review by CBLAD or any other state
agency is warranted. The Zoning Administrator will incorporate any
comments received from such a review into the final report,
provided that such comments are received within 90 days of the
request.
4. Upon receipt of a completed water quality impact assessment and
receipt of all appropriate comments, the Zoning Administrator shall
forward the information to the Planning Commission for
consideration. For shoreline and bank stabilization projects and piers
consistent with the provisions of this ordinance, the Zoning
Administrator may grant administrative approval of the water
quality impact assessment.
5. The Planning Commission will determine whether or not the
proposed development is consistent with the spirit and intent of this
ordinance and make a recommendation to the Board of Supervisors
based upon the following criteria:
a. Within any RPA, the proposed development is water -
dependent or redevelopment;
b. The percentage of existing wetlands disturbed by the
development. The number of square feet or acres to be
disturbed;
c. The development will not result in significant disruption of
the hydrology of the site;
d. The development will not result in unnecessary destruction of
plant materials on site;
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e. Proposed erosion and sediment control concepts are adequate
to achieve the reductions in runoff and prevent off -site
sedimentation;
f. Proposed stormwater management concepts are adequate to
control the stormwater runoff to achieve "no net increase" in
pollutant loadings;
g. Proposed revegetation of disturbed areas will provide
optimum erosion and sediment control benefits, as well as
runoff control and pollutant removal equivalent of the full
100 -foot undisturbed buffer area;
h. The design and location of any proposed drainfield will be in
accordance with the requirements of Section 4000.
6. The Planning Commission shall recommend additional mitigation
where potential impacts have not been adequately addressed, subject
to final approval or modification by the Board of Supervisors.
Evaluation of mitigation measures will be made by the Planning
Commission based on the criteria listed above and in Subsection 5.
7. The Planning Commission shall find the proposal to be inconsistent
with the purpose and intent of this ordinance when the impacts
created by the proposal cannot be mitigated, subject to final
approval by the Board of Supervisors. Evaluation of the impacts will
be made by the Planning Commission based on the criteria listed in
Subsection 5.
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B -1, Chesapeake Bay
Preservation Area Ordinance, Section 5001, Nonconforming Uses and
Nonconforming Structures, of the Isle of Wight County Code, be amended
and reenacted as follows:
Section 5001. Nonconforming Uses and Nonconforming Structures.
a) The lawful use of a building or structure which existed on October 1,
1989 or which lawfully exists at the time of any amendment to the
performance standards and criteria of this ordinance and which became
not in compliance, may continue subject to the provisions of the county
Zoning Ordinance and the provisions below:
No change or expansion of use shall be allowed with the exception
that:
1. The Zoning Administrator may
waiver for structures on legal
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grant a nonconforming use and /or
nonconforming lots or parcels to
provide for remodeling and alterations to such nonconforming
structures provided that: (Amended 12/18/04)
a. There will be no increase in nonpoint source pollution load;
b. Any development or land disturbance exceeding an area of
2500 square feet complies with all erosion and sediment
control requirements of this ordinance.
c. In the case of a structure that has become nonconforming due
to encroachment into the RPA, the structure may be moved
out of the RPA to reduce the amount of nonconformity, and a
Water Quality Impact Assessment shall not be required.
(Amended 10/18/12)
2. An application for a nonconforming use and /or waiver shall be made
to and upon forms furnished by the Zoning Administrator and shall
include for the purpose of proper enforcement of this ordinance, the
following information:
a. Name and address of applicant and property owner;
b. Legal description of the property and type of proposed use and
development;
c. A sketch of the dimensions of the lot or parcel, location of
buildings and proposed additions relative to the lot lines, and
boundary of the Resource Protection Area;
d. Location and description of any existing private water supply
or sewage system.
3. A nonconforming use and development waiver shall become null
and void twenty -four (24) months from the date issued if no
substantial work has commenced.
4. An application for the expansion of a nonconforming structure may
be approved by the Zoning Administrator through an administrative
review process provided that the following findings are made:
a. The request for the waiver is the minimum necessary to
afford relief,
b. Granting the waiver will not confer upon the applicant any
specific privileges that are denied by this ordinance to other
property owners in similar situations;
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c. The waiver is in harmony with the purpose and intent of this
ordinance and does not result in water quality degradation;
d. The waiver is not based on conditions or circumstances that
are self - created or self - imposed;
e. Reasonable and appropriate conditions are imposed, as
warranted, that will prevent the waiver from causing a
degradation of water quality;
f. Other findings, as appropriate and required by the county are
met; and
g. In no case shall this provision apply to accessory structures.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Casteen called for a public hearing on the following:
E. An Ordinance to Amend and Reenact the Isle of Wight County
Code by Amending and Reenacting Appendix B, Zoning, Section
3 -4000, Civic Use Types to add Helicopter Landing Sites to the
Public Safety Service use type; Section 3 -6000, Commercial Use
Types to add Contractor Office and Storage Facility as a
commercial use type and to modify to the Retail Sales use type;
Section 3 -7000, Industrial Use Types to amend the definition of
the Construction Yard use type; Article IV, Zoning Districts and
Boundaries to add and /or amend various use types as either
permitted or conditionally permitted uses in several zoning
districts; Section 5 -5005, Supplementary Use Regulations for
Commercial Use Types to include supplemental use regulations
for Contractor Office and Storage Facility and to make technical
amendments; Section 5 -5006, Supplementary Use Regulations
for Industrial Use Types to amend the supplemental use
regulations for Construction Yards; and to make technical
amendments to Table I, Table of Permissible Uses.
County Attorney Popovich advised that the matter has been properly
advertised for public hearing.
Mr. Smolnik presented the Ordinance for the Board's consideration.
Chairman Casteen called for persons to speak in favor of or in
opposition to the Ordinance.
No one appeared and spoke.
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Chairman Casteen closed the public hearing and called for Board
comments.
Supervisor Alphin moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND
REENACTING APPENDIX B, ZONING, SECTION 3 -4000, CIVIC USE
TYPES TO ADD HELICOPTER LANDING SITES TO THE PUBLIC
SAFETY SERVICE USE TYPE; SECTION 3 -6000, COMMERCIAL USE
TYPES TO ADD CONTRACTOR OFFICE AND STORAGE FACILITY
AS A COMMERCIAL USE TYPE AND TO MODIFY THE RETAIL
SALES USE TYPE; SECTION 3 -7000, INDUSTRIAL USE TYPES TO
AMEND THE DEFINITION OF THE CONSTRUCTION YARD USE
TYPE; ARTICLE IV, ZONING DISTRICTS AND BOUNDARIES TO
ADD AND /OR AMEND VARIOUS USE TYPES AS EITHER
PERMITTED OR CONDITIONALLY PERMITTED USES IN SEVERAL
ZONING DISTRICTS; SECTION 5 -5005 SUPPLEMENTARY USE
REGULATIONS FOR COMMERCIAL USE TYPES TO INCLUDE
SUPPLEMENTAL USE REGULATIONS FOR CONTRACTOR OFFICE
AND STORAGE FACILITY AND TO MAKE TECHNICAL
AMENDMENTS; SECTION 5 -5006 SUPPLEMENTARY USE
REGULATIONS FOR INDUSTRIAL USE TYPES TO AMEND THE
SUPPLEMENTAL USE REGULATIONS FOR CONSTRUCTION YARDS;
AND TO MAKE TECHNICAL AMENDMENTS TO
TABLE I. TABLE OF PERMISSIBLE USES.
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, Section 3 -4000, Civic Use
Types, of the Isle of Wight County Code be amended and reenacted as
follows:
Sec. 3 -4000. - Civic use types.
Administrative service. Governmental officials providing administrative,
clerical or public contact services that deal directly with the citizen. Typical
uses include federal, state and county offices.
M
Adult care center. A facility that provides care to adults during part of the day
only and which includes personal supervision of the adults and promotes
social, physical, and emotional well -being through companionship, self -
education and leisure time activities.
Assisted living facility. Any congregate residential setting that provides
personal and health care services, 24 -hour supervision, meals, housekeeping
and assistance (scheduled or unscheduled) for the maintenance, or care of
four (4) or more adults who are aged, infirm or disabled and who are cared
for in a primarily residential setting. Residents are primarily in good health
and are in need of residential care rather than medical treatment.
Cemetery. A place used for interment of human or animal remains or
cremated remains, including a burial park for earth interments, a mausoleum
for vault or crypt interments, a columbarium for cinerary interments, or a
combination thereof.
Cemetery, animal. A parcel of land or portion thereof, buildings, and /or
structures used for the interring of animal remains.
Cemetery, church. A parcel of land or portion thereof, buildings, and /or
structures, owned and operated by a church, used for the interring of
human remains.
Cemetery, private. A parcel of land or portion thereof, buildings, and /or
structures, privately owned and operated, used for the interring of human
remains.
Cemetery, public. A parcel of land or portion thereof, buildings, and /or
structures, owned and operated by the county, state, or federal
government, used for the interring of human remains.
Child care center. A child day program offered to two (2) or more children
under the age of thirteen (13) in a facility that is not the residence of the
provider or of any of the children in care.
Child care institution. Any institution maintained for the purpose of receiving
children for full -time care, maintenance, protection and guidance separated
from their parents or guardians. This shall not include primary or secondary
educational facilities or summer camps.
Club. A use providing meeting, or social facilities for social clubs,
fraternal /sororal organizations, lodge, and similar organizations and
associations, primarily for use by members and guests. Recreational facilities,
unless otherwise specifically cited in this section, may be provided for
members and guests as an accessory use. This definition excludes hunt clubs
and dance halls, which are defined separately.
Community center. A place, structure, or other facility used for providing
civic and /or recreational programs generally open to the public and designed
to accommodate and serve significant segments of the community. This use
can also be referred to as a convention or civic center.
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Correctional facility. A public or privately operated use providing housing
and care for individuals legally confined, designed to isolate those
individuals from the community.
Crisis center. A facility providing temporary protective sanctuary for victims
of crime or abuse, and homelessness including emergency housing during
crisis intervention for individuals, such as victims of rape, child abuse, or
physical beatings.
Cultural service. A library, museum, or similar public or quasi - public use
displaying, preserving and exhibiting objects of community and cultural
interest in one (1) or more of the arts or sciences. Such uses shall include, but
are not limited to libraries, museums, art galleries, and art centers.
Educational facility, college /university. An educational institution authorized
by the Commonwealth of Virginia to award associate, baccalaureate or higher
degrees.
Educational facility, primary /secondary. A public, private or parochial school
offering instruction at the elementary, junior and /or senior high school levels
in the branches of learning and study required to be taught in the public
schools of the Commonwealth of Virginia.
Halfway house. An establishment providing accommodations, rehabilitation,
counseling, and supervision to persons suffering from alcohol or drug
addiction or similar disorders, and /or to persons re- entering society after
being released from a correctional facility or other institution.
Life care facility. A residential facility primarily for the continuing care of
the elderly, providing for transitional housing progressing from independent
living in various dwelling units, with or without kitchen facilities, and
culminating in nursing home -type care, where all related uses are located on
the same lot. Such facility may include other services integral to the personal
and therapeutic care of the residents.
Modular classroom. Portable, prefabricated buildings which are constructed
off -site and used as temporary facilities in relation to expanding educational
facilities.
Nursing home. A facility whose primary function is to provide nursing and
health- related services for the treatment and inpatient care of two (2) or more
unrelated individuals, including facilities known as convalescent homes,
skilled nursing facilities or skilled care facilities, intermediate care facilities,
extended care facilities and nursing or nursing care facilities. A hospice is
also included in this use. Excluded from this use type is any facility
providing surgical or emergency medical services and facilities providing
care for alcoholism, drug addiction, mental disease, or communicable
disease.
Park and ride facility. A publicly owned, short-term parking facility for
commuters.
Post office. Postal services directly available to the consumer operated by the
M
United States Postal Service.
Public assembly. Facilities owned and operated by a government or quasi -
government agency accommodating public assembly for sports, amusements,
or entertainment purposes. Typical uses include auditoriums, sports
auditorium, convention facilities, fairgrounds, and incidental sales and
exhibition facilities.
Public maintenance and service facility. A government owned or operated
facility supporting maintenance, repair, vehicular or equipment servicing,
material storage, and similar activities.
Public park and recreational area. Government owned and operated park,
picnic area, playground, indoor or outdoor athletic facility, game preserve
and open space.
Public safety service. Facility for the conduct of safety and emergency
services for the primary benefit of the public, whether publicly or privately
owned and operated, including police and fire protection services, emergency
medical and ambulance services, and helicopter landing sites.
Religious assembly. A use providing regular organized religious worship and
related incidental activities within or out of a structure including accessory
uses, such as daycare facilities, but not including educational facilities,
primary and secondary.
Rehabilitation service. A use providing recuperative or similar services for
persons requiring rehabilitation assistance as a result of physical, mental
illness, alcoholism, detention, drug addiction, or similar conditions for only
part of a twenty- four -hour day.
Utility service /major. A service of a regional nature which normally entails
the construction of new buildings or structures such as generating plants and
sources, electrical switching facilities and stations or substations, community
wastewater treatment plants, and water supply and production in excess of
fifty thousand (50,000) gallons per day. Included in this definition are also
electric, gas and other utility transmission lines of a regional nature that are
not otherwise reviewed and approved by the Virginia State Corporation
Commission.
Utility service /minor. Services which is necessary to support development
within the immediate vicinity and involve only minor structures. Included in
this use type are distribution lines and small facilities that are underground or
overhead, such as transformers, relay and booster devices, remote switching
stations well, water, and sewer pump stations. (7 -7 -05; 5- 27 -10; 10- 18 -12.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of
Supervisors that Appendix B, Zoning, Section 3 -6000, Commercial Use Types
of the Isle of Wight County Code be amended and reenacted as follows:
Sec. 3 -6000. - Commercial use types.
Adult entertainment establishment. An establishment having a substantial or
41
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.
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.
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.
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Car wash. Washing and cleaning of vehicles. Typical uses include automatic
conveyor machines and self - service car washes.
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
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, duct work,
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,
43
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.
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)
abandoned vehicles or other motor vehicles shall be stored on the premises.
May include the sale of propane or kerosene as an accessory use.
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 bulls laundry and cleaning plants, diaper services, or
linen supply services.
Lawn and garden services. Establishments primarily engaged in performing a
variety of lawn and garden services, including Bermuda sprigging services,
cemetery upkeep, garden maintenance, garden planting, lawn care, lawn
fertilizing services, lawn mowing services, lawn mulching services, lawn
seeding services, lawn spraying services, lawn sprigging services, mowing
highway center strips and edges, seeding highway strips, sod laying and turf
installation.
Manufactured home sales. Establishment primarily engaged in the display,
retail sale, rental, and minor repair of new and used manufactured homes,
parts, and equipment.
Marina. A use for docking or mooring of more than four (4) boats (excluding
paddle or rowboats) or providing services to boats, including servicing and
repair, sale of fuel and supplies, and provisions of lodging, goods, beverages.
A yacht or boat club shall be considered a marina.
Medical clinic. A facility providing medical, psychiatric, or surgical service
for sick or injured persons exclusively on an outpatient basis including
emergency treatment, diagnostic services, training, administration and
services to outpatients, employees, or visitors. This use may include
ambulance stops, helicopter landing sites, and other incidental and
subordinate uses integral to providing outpatient care. This would include
medical offices in excess of ten thousand (10,000) square feet of floor area.
Miniwarehouse. 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
premise 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 motor vehicles, and
boats. Motor vehicles in this use shall include cars, trucks, sports utility
45
vehicles, motorcycles, boats, motor homes or RV's.
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 vehicle 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 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.
.e
Restaurant, general. An establishment engaged in the preparation of food and
beverages. This use in characterized by table service to customers in non -
disposable 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; 10- 18 -12.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 3-
7000, Industrial Use Types of the Isle of Wight County Code be amended
and reenacted as follows:
Sec. 3 -7000. - Industrial use types.
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.
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
47
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
the manufacturing of paint, oils, pharmaceuticals, cosmetics, solvents and
other chemical, 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 good 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.
Meat packing. The processing of meat products and byproducts directly from
animals or offal from dead animals.
Recycling center. A privately operated facility for the collection and storage
of recyclable materials designed and labeled separately for citizens to
voluntarily take source materials for recycling.
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, junk yards, 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
includes wholesale distributors, storage warehouses, truck terminals and
moving /storage firms. (7 -7 -05; 12- 18 -08; 10- 18 -12)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board
of Supervisors that Appendix B, Zoning, Section 4 -2003, Conditional Uses of the
Isle of Wight County Code be amended and reenacted as follows:
Sec. 4 -2003. - Conditional uses.
The following uses are allowed only by conditional use permit pursuant to
section 1 -1017, conditional uses. An asterisk ( *) indicating additional,
modified or more stringent standards which are listed in section 5 -5000,
supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Farm employee housing
B. Residential uses:
* Dwelling, two - family
* Manufactured home, temporary residence
..
C. Civic uses:
* Adult care center
Assisted living facility
* Cemetery
-Animal
-Church
-Public
* Child care institution
* Child care center
Club
* Community center
Correctional facility
Educational facility, college /university
* Educational facility, primary /secondary
Halfway house
Park and ride facility
Post office
Public assembly
* Public maintenance and service facility
* Public park and recreational area
* Religious assembly
.k Utility service /major
D. Office uses:
Medical office
E. Commercial uses:
* Agricultural service
-Commercial assembly and repair
-Farm and forestry implement storage, sales, and service
* Antique shop
* Bed and breakfast
Business or trade school
50
* Campground
* Commercial indoor sports and recreation
* Commercial outdoor entertainment /sports and recreation
* Commercial outdoor swimming pool and tennis facility
* Contractor office and storage facility
* Crematorium
Equipment sales and rental
* Garden center
* Golf course
* Golf driving range
* Kennel, commercial
Lawn and garden services
* Marina
Veterinary hospital /clinic
F. Industrial uses:
* Abattoir or livestock processing
Construction yard
Convenience center
* Landfill, industrial
* Landfill, rubble
* Landfill, sanitary
* Resource extraction
* Scrap and salvage service
Transfer station
Warehousing and distribution
G. Miscellaneous uses:
* Alternative discharge sewage system
* Aviation facility, commercial
* Aviation facility, general
* Aviation facility, private
Communication tower
51
Hunt club
* Reconstructed wetland
* Shooting range, outdoor
(7 -7 -05; 11- 15 -07; 10- 18 -12.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board
of Supervisors that Appendix B, Zoning, Section 4 -9003, Conditional Uses of the
Isle of Wight County Code be amended and reenacted as follows:
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
B. Residential uses:
Group home
* Multifamily dwelling
C. Civic uses:
* Adult care center
* Cemetery
- Public
.k Child care center
Club
Cultural service
Public assembly
* Utility service /major
D. Office uses:
Laboratory
E. Commercial uses:
Business or trade school
Car wash
52
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
* Motor vehicle repair service /minor
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; 10- 18 -12.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board
of Supervisors that Appendix B, Zoning, Section 4- 10002, Permitted Uses of the
Isle of Wight County Code be amended and reenacted as follows:
53
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
C. Civic uses:
Administrative service
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
54
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
* 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
* Motor vehicle dealership /new
* Motor vehicle parts /supply and retail
* Motor vehicle/ rental
55
* Motor vehicle repair service/ minor
Pawn shop
Personal improvement service
Personal service
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; 10- 18 -12.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 4-
11002, Permitted Uses of the Isle of Wight County Code be amended and
reenacted as follows:
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
56
* 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
Laundry
Lawn and garden services
* Miniwarehouse
Motor vehicle /outdoor storage
* Motor vehicle /rental
* Motor vehicle repair service /major
Retail sales
Truck stop
E. Industrial uses:
* Construction yard
Convenience center
Custom manufacturing
Industry, Type I
* Recycling center /transfer station
Warehousing and distribution
57
F. Miscellaneous uses:
* Amateur radio tower
(7 -7 -05; 10- 18 -12.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board
of Supervisors that Appendix B, Zoning, Section 4- 11003, Conditional Uses of
the Isle of Wight County Code be amended and reenacted as follows:
Sec. 4- 11003. - Conditional uses.
The following uses are allowed only by conditional use permit pursuant to
section 1 -1017. An asterisk ( *) indicates additional, modified or more
stringent standards which are listed in section 5 -5000, supplementary use
regulations, for those specific uses.
A. Agricultural uses:
Agriculture
* Agricultural farming operation
* Forestry operation
* Timbering
* Sawmill
B. Civic uses:
* Utility service /major
C. Commercial uses:
Agricultural service
* Farm supplies, equipment sales and service
Business support service
* Hotel /motel /motor lodge /inn
Personal improvement service
Personal service
Restaurant, general
D. Industrial uses:
Industry, Type I1
* Landfill, rubble
E. Miscellaneous uses:
* Communication tower
Parking facility, surface /structure
W
* Reconstructed wetland
(7 -7 -05; 10- 18 -12.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 4-
12002, Permitted Uses of the Isle of Wight County Code be amended and
reenacted as follows:
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:
* 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
59
Equipment sales and rental
Laundry
Lawn and garden services
* Miniwarehouse
Motor vehicle /outdoor storage
* Motor vehicle repair service /major
E. Industrial uses:
* Construction yard
Convenience center
Custom manufacturing
Industry, Type I
Industry, Type II
Meat packing
* Recycling center
* Shipping container
Transfer station
Warehousing and distribution
F. Miscellaneous uses:
Amateur radio tower
(7 -7 -05; 8- 21 -06; 10- 18 -12.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 4-
13002, Permitted Uses of the Isle of Wight County Code be amended and
reenacted as follows:
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
•1
* 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
* Contractor office and storage facility
* Miniwarehouse
Motor vehicle /outdoor storage
E. Industrial uses:
* Abattoir or livestock processing
Industry, Type I
Industry, Type II
Meat packing
Warehousing and distribution
F. Miscellaneous uses:
* Amateur radio tower
(7 -7 -05; 10- 18 -12.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 4-
17002, Permitted Uses of the Isle of Wight County Code be amended and
reenacted as follows:
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:
61
* Forestry operation
-Forestry, silvicultural
B. Civic uses:
* Adult care center
'k 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
D. Commercial uses:
Agricultural service
-Farm supplies, equipment sales and service
.r. Antique shop
Business support service
Commercial indoor entertainment
* Commercial indoor sports and recreation
* Construction office, temporary
.k Contractor office and storage facility
* Funeral home
* Gasoline station
* Golf course
Hotel /motel /motor lodge /inn
* Marina
* Miniwarehouse
62
* Motor vehicle dealership /new
* Motor vehicle parts /supply, retail
* Motor vehicle /rental
Personal improvement service
Personal service
Restaurant, general
Retail sales
Studio, fine arts
Veterinary hospital /clinic
E. Miscellaneous uses:
Amateur radio tower
(7 -7 -05; 10- 18 -12.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 4-
19002, Permitted Uses of the Isle of Wight County Code be amended and
reenacted as follows:
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
63
C. Office uses:
Laboratory
D. 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
Business support service
* Construction office, temporary
* Contractor office and storage facility
Convenience store
Equipment sales and rental
* Gasoline station
Laundry
Lawn and garden services
'k Marina
* Miniwarehouse
* Motor vehicle parts /supply, retail
* Motor vehicle /rental
Motor vehicle repair service /major
* Motor vehicle repair service /minor
Personal improvement service
Personal service
Restaurant, general
E. Industrial uses:
* Construction yard
Custom manufacturing
Industry, Type I
Industry, Type II
Meat packing
Transfer station
Warehousing and distribution
C
'�
F. Miscellaneous uses:
* Amateur radio tower
Parking facility, surface /structure
(7 -7 -05; 8- 21 -06; 10- 18 -12.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 5-
5005, Supplementary Use Regulations for Commercial Use Types of the Isle
of Wight County Code be amended and reenacted as follows:
Sec. 5 -5005. - Supplementary use regulations for commercial use types.
A. Adult entertainment establishment. An adult entertainment establishment
shall be permitted where the zoning district(s) regulation(s) identifies such
uses subject to the following standards:
1. No such regulated use shall be permitted:
a. Within one (1) mile of any other existing adult entertainment
establishment; and
b. Within one (1) mile of any residential zoning district, Planned
Development Residential District;
c. Within one (1) mile of any of the following uses:
i. Child care institution, child care center, place of religious
assembly, or establishment that sells religious articles or
religious apparel;
ii. Primary or secondary educational facility, and their adjunct
play areas; and
iii. Community recreation, public parks and recreational areas,
or cultural services.
The separation and distances specified in this subsection shall be measured
from property lines, or in the case of zoning districts, from the outward
boundary of that district.
2. Signs and other visible messages. Adult entertainment establishments
shall be permitted to have signs and visible messages based on the
allowable sign area of the zoning district in which they are located,
provided:
a. Signs.
i. Sign messages shall be limited to verbal description of
material or services available on the premises.
ii. Sign messages may not include any graphic or pictorial
depiction of material or services available on the premises.
b. Other visible messages.
65
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 breakfast 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.
4. One (1) off - street parking space for each guest bedroom shall be
provided in a side or rear yard;
5. Meal service is limited to one (1) daily meal between 6:00 a.m. and
11:00 a.m. per paying overnight guest and is subject to approval by the
Isle of Wight County Health Department for food preparation; and
6. At least one (1) operator of the bed and breakfast shall reside on the
premises or on an adjacent premises.
D. Campground. All campgrounds shall meet the following requirements:
1. Campground area.
a. Minimum lot area: Ten (10) acres.
..
b. Minimum lot frontage: One hundred fifty (150) feet abutting a
public highway, road, or other public right -of -way, unless otherwise
approved by the board of supervisors.
2. Camping site density.
a. The density of campsites in a campground shall not exceed an
average of fifteen (15) campsites per acre of the developed portion of
the campground, inclusive of service roads, toilet facilities, and
service buildings.
b. Each camping site shall provide a minimum of nine hundred
(900) square feet.
c. The camping site shall either provide a parking space for one (1)
motor vehicle that will not interfere with the convenient and safe
movement of traffic, or provide equivalent parking of one (1)
parking space per camping site in a central area.
3. Setbacks.
a. Minimum setback of all camping sites or pads from:
i. Adjacent property lines and public or street rights -of -way:
One hundred (100) feet.
ii. Any residence of adjacent property owners: Three hundred
(300) feet.
iii. All interior roads and from each other: Twenty (20) feet.
4. Roads.
a. Interior roads shall be constructed of a minimum of six (6)
inches of gravel and be twenty (20) feet wide, except that one -way
roads may have a minimum width of ten (10) feet.
b. Campgrounds shall be provided with safe and convenient
vehicular access from abutting public streets or roads.
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,
67
ii. One (1) lavatory, and
iii. One (1) shower with hot and cold running water for males;
and one (1) of each for females.
Such equipment shall be in accordance with county and state codes. All
portions of the structure shall be properly protected from damage by ordinary
uses and by decay, corrosion, termites, and other destructive elements.
Exterior portions shall be of such material and be so constructed and
protected as to prevent entrance or penetration of moisture and weather.
6. Recreation area. A minimum of fifty percent (50 %) of the total
campground shall be reserved for open space and developed recreational
area and shall not include any land required for individual campsites,
roads or service area.
7. Fire protection. Each campground shall provide such fire protection
equipment as may be recommended by the local fire department. During
installation of electrical service facilities for the campground, the
department of inspections shall inspect and approve the installed
electrical systems. A certificate of approval shall be displayed in the
electrical service equipment area and a copy shall be provided to the
zoning administrator.
Additional regulations required to ensure the campground is protected from
fire:
1. Campgrounds shall be kept free of litter, rubbish, and other
flammable materials.
2. 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.
3. 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. Commercial indoor sports and recreation.
1. Where an indoor shooting range is proposed, the following
additional criteria shall apply:
M.
a. The application shall be referred to the county sheriffs office for
review and comment. Such use shall be designed to eliminate all
danger from flying projectiles, as deemed necessary by the county
sheriff.
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.
F. Commercial outdoor entertainment/sports and recreation.
1. The following shall apply to all such uses:
a. All principal buildings and structures and all intensively active
areas associated with this use shall comply with the height, coverage,
and setback regulations for the district in which they are located.
b. The provision of food, refreshments, and entertainment as an
accessory use to the principal use shall be permitted, provided such
activity shall not create additional demand on on -site facilities,
including parking, access, utilities, etc.
c. All outdoor lighting shall be located, shielded, landscaped, or
otherwise buffered so that no direct light shall constitute an intrusion
into any residential area.
G. 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.
H. Construction office, temporary.
1. Temporary construction offices, including trailers, may be used on
construction sites provided that such structures shall be removed from
•t
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.
I. 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.
J. 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.N., the supplementary
use standards for a gasoline station.
b. The outdoor display of goods for sale shall be prohibited.
K. 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.
L. Flea market.
1. The following shall apply to all flea markets:
a. All areas designated and used for the display and /or sale of
merchandise shall be shown on a site plan approved by the county.
All such areas shall be under 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
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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.
M. 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.
N. 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.
O. 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
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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.
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.
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1. In the event that a gas station is vacant for a period greater than
eighteen (18) months, the county shall require the owner of record to
provide suitable financial surety in an amount sufficient to remove
and dispose 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.
P. 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.
Q. Kennel, commercial.
1. General standards:
a. Animal waste shall be disposed of in a manner applicable to all
federal, state and local laws and regulations.
b. Crematoria or land burial of animals in association with a
commercial kennel shall be prohibited.
2. Additional standards in the RAC district:
a. The minimum area required for a commercial kennel shall be
two (2) acres.
b. All facilities associated directly with the commercial kennel,
whether indoors or outdoors, shall be set back a minimum of one
hundred (100) feet from any property line, and shall meet the
screening zone requirements as specified in article VIII.
c. The site shall front on and have direct access to a publicly owned
and maintained street.
3. Additional standards in the GC district:
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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.
R. 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.
S. Mini - warehouse. A mini - warehouse may be permitted consistent with the
zoning district(s) regulation(s), provided:
1. The minimum lot size shall be three (3) acres.
2. All storage spaces shall be contained in individual enclosed stalls
containing no more than four hundred (400) square feet each and no
greater than ten (10) feet in height.
3. The following uses shall be prohibited:
a. Auctions by tenants, commercial wholesale or retail sales, or
miscellaneous or garage sales.
b. The servicing, repair or fabrication of motor vehicles, boats,
trailers, lawn mowers, appliances or other similar equipment.
c. The operation of power tools, spray - painting equipment, table
saws, lathes, compressors, welding equipment, kilns, or other similar
equipment.
d. The establishment of a transfer and storage business.
e. The storage or transfer of toxic, flammable, or otherwise
hazardous chemicals or similar substances, highly combustible,
explosive or hazardous materials regulated by local, state, or federal
law.
f. Residential uses (other than a resident manager's apartment).
4. Outdoor storage areas shall be used for the storage of motor vehicles,
trailers, and recreational vehicles only and shall meet the screening zone
requirements of article VIII.
5. When adjoining properties are used or zoned for residential
purposes:
a. Nonstreet- 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
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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.
T. Motor vehicle dealership, new.
1. General standards:
a. Outdoor display areas in conjunction with automobile sales shall
be constructed of the same materials required for off - street parking
areas.
b. The storage and /or display of motor vehicles in the required
frontage zone, buffer, or planting strip along a right -of -way shall be
prohibited.
c. Exterior display or storage of new or used automobile parts is
prohibited.
d. All repair services shall take place within an enclosed structure.
e. Body and fender repair services are permitted provided:
i. The area devoted to such services does not exceed twenty
percent (20 %) of the floor area.
ii. The repair facilities are at least one hundred fifty (150) feet
from any adjoining residential district.
iii. Any spray painting takes place within a structure designed
for that purpose and approved by the department of building
inspections.
iv. Any vehicle awaiting body repair or painting, or is missing
major mechanical or body parts, or has been substantially
damaged shall be placed in a storage yard. The storage yard shall
be fully screened from public view and shall be set back at least
one hundred (100) feet from any adjoining residential district, in
addition to meeting the landscaping zone requirements of article
VIII.
U. Motor vehicle dealership /used. General standards:
1. Outdoor display areas in conjunction with automobile sales shall be
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constructed of the same materials required for off - street parking areas.
2. The storage and /or display of motor vehicles in the required frontage
zone, buffer, or planting strip along a right -of -way shall be prohibited.
3. Exterior display or storage of new or used automobile parts is
prohibited.
4. All repair services shall take place within an enclosed structure.
5. Any vehicle which is missing major mechanical or body parts or
have 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.
V. 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.
W. 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.
X. Motor vehicle repair service /major. General standards:
1. All vehicles stored on the premises in excess of seventy -two (72)
hours shall be placed in a storage yard. The storage yard shall be fully
screened from public view and shall be set back at least one hundred
(100) feet from any adjoining residential district, in addition to meeting
the landscaping zone requirements of article VIII.
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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.
Y. 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.
Z. Restaurant, drive -in fast. General standards.
1. Such restaurants shall comply with the requirements for drive - through
facilities contained in subsection 5- 1004.1), accessory uses, and section 10-
1013, stacking spaces and drive through facilities. (7 -7 -05; 10- 18 -12.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 5-
5006, Supplementary Use Regulations for Industrial Use Types of the Isle of
Wight County Code be amended and reenacted as follows:
Sec. 5 -5006. - Supplementary use regulations for industrial use types.
A. Abattoir or livestock processing.
1. General development standards:
a. Waste or any decomposable residue from the livestock
processing or abattoir operation shall only be disposed of in strict
compliance with any applicable state regulations.
b. Measures shall be developed to mitigate obnoxious odors, dust,
smoke, or similar nuisances.
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c. Any livestock processing or abattoir operation shall meet the
requirements of site plan review and approval set out in article VII.
d. Design, construction, and operation of the facility must meet or
exceed the requirements of all current state and federal regulations.
Specifically, the operation must conform to any guidelines or
specifications concerning such design, construction, and operation as
published or otherwise disseminated by the U.S. Department of
Agriculture.
2. Livestock processing or abattoirs may be permitted in the Rural
Agricultural Conservation (RAC) District subject to the following
standards:
a. No livestock processing or abattoirs shall be constructed or
established within one -half (1 /2) mile radius of any property zoned
residential.
b. A minimum of twenty (20) acres is required for any livestock
processing or abattoir operation. If the operation includes a feedlot,
the minimum area required shall be increased subject to any
applicable regulations promulgated by the Virginia Department of
Environmental Quality pertaining to the confinement of livestock.
c. Stock pens or buildings or structures associated with the
livestock processing or abattoir operation shall be at least three
hundred (300) feet from any public right -of -way and must be at least
five hundred (500) feet from any property line of any property not
associated with the abattoir.
3. Livestock processing or abattoir operations may be permitted in the
General Industrial (GI) Zoning District subject to the following
standards:
a. Minimum acreage: Five (5).
b. Minimum setback: Two hundred (200) feet, from the nearest
property line, except that a retail sales outlet may be a minimum of
seventy (70) feet from any public right -of -way.
B. Asphalt plant. General standards:
1. In considering a conditional use permit request for an asphalt plant,
in addition to the general standards contained in section 1 -1017 of this
ordinance, the board shall specifically consider and set standards for the
following:
a. The maximum height of any structure and any additional setback
requirements necessary to compensate for any increased height.
b. Specific measures to control dust during the construction and
operation of the plant.
c. Specific levels of noise permitted during the daytime and
nighttime operation of the plant, as measured at adjacent property
lines, and any additional requirements for the design or operation of
the plant intended to reduce noise.
2. All commercial vehicles used in conjunction with the asphalt plant
shall be fully screened from the public right -of -way, from adjacent
properties by masonry or concrete walls designed to be compatible with
the principal building that it serves.
3. The outdoor storage of tools, bulk or bag materials, and similar items
shall only be allowed within a fully screened storage area.
C. Construction yard. General standards.
1. All materials stored on the property shall be placed in a storage yard.
The storage yard shall be fully screened from public view and shall be set
back at least one hundred (100) feet from any adjoining residential
district, in addition to meeting the landscaping zone requirements of
article VIII.
2. In considering a conditional use permit request for a construction
yard, in addition to the above standards and the general standards
contained in section 1 -1017 of this ordinance, the board may consider
and set standards for the following:
a. Provisions for screening of any vehicles, equipment, materials
and storage yards in accordance with article VIII.
b. The maximum height of any structure and any additional setback
requirements necessary to compensate for any increased height.
c. Specific measures to control dust on the site.
3. In the VC district, the following standards shall apply:
a. The maintenance and repair of all vehicles and equipment shall
be conducted within an enclosed building.
D. Landfill, industrial. No site shall be developed as an industrial landfill
except in the conformance with the zoning district regulations as a
conditional use. Minimum standards for an industrial landfill shall be as
follows:
1. A minimum buffer two hundred (200) feet in width is required
adjacent to residential districts or uses and a minimum buffer, one
hundred (100) feet in width is required adjacent to public rights -of -way.
2. The additional standards required in subsection 5- 5006.F.3., below,
for a sanitary landfill.
E. Landfill, rubble. No site shall be developed as a rubble landfill and no
existing rubble landfill shall be enlarged or altered except in conformance
with the zoning district(s) regulation(s) as a conditional use. Minimum
standards for a rubble landfill shall be as follows:
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1. Minimum lot area of ten (10) acres shall be required.
2. A minimum buffer two hundred (200) feet in width is required
adjacent to residential districts or uses and a minimum buffer, one
hundred (100) feet in width is required adjacent to public rights -of -way.
3. The additional standards required in subsection 5- 5006.F.3., below,
for a sanitary landfill.
F. Landfill, sanitary. No site shall be developed as a sanitary landfill or
solid waste disposal site, and no existing sanitary landfill shall be enlarged,
altered, or changed in use, except in conformance with the zoning district
regulations of this ordinance and the following provisions:
1. Minimum lot area of one - hundred (100) acres shall be required.
2. A minimum buffer three hundred (300) feet in width is required
adjacent to residential districts or uses and a minimum buffer, one fifty
hundred (150) feet in width is required adjacent to public rights -of -way.
3. Additional standards for landfills:
a. Access from paved streets is required. Said streets shall be able
to withstand maximum load limits established by the Virginia
Department of Transportation (VDOT).
b. Access shall not be through any residential subdivision or
development.
c. In addition to, and to the interior of, any required buffer zone
plantings, a minimum six - foot -high solid board fence or masonry
wall shall be required around all property lines adjacent to property
zoned or developed for residential uses.
d. The operation of the sanitary landfill shall comply with all
applicable federal, state, and county licensing, permits, and
authorization.
G. Recycling center. General standards.
1. Where receptacles for recyclable materials are located outside of a
building, they shall be located so as to not disrupt or interfere with on-
site traffic circulation, required fire lanes or required parking, loading or
stacking areas.
2. Specific circulation pattern shall be established to provide safe and
easy access to recycling receptacles. Adequate space shall be provided
for the unloading of recyclable materials.
3. A regular schedule for picking up recycled materials shall be
established and maintained.
4. The site shall be maintained free of litter.
5. Where receptacles for recyclable materials are located outside of a
:1
building, they shall be screened from public view in accordance with the
screening zone specifications of article VIII.
H. Resource extraction. When established as a conditional use, processing
and removal of sand, gravel, or stone, stripping of top soil (but not including
stripping of sod), and borrow pits, shall be subject to the following standards:
1. Exemptions.
a. Any operator engaging in mining and disturbing less than one
(1) acre of land and removing less than five hundred (500) tons of
material at any particular site is exempt from the provisions of this
ordinance; providing, however:
i. Excavation or grading when conducted solely in aid of on-
site farming or construction.
ii. Each person intending to engage in such restricted mining
shall submit an application for exemption, a sketch of the mining
site and an operations plan to the zoning administrator, who shall
approve the application if he determines that the issuance of the
permit shall not violate the provisions of this ordinance.
2. Permit required. It shall be unlawful for any person, firm, partnership
or corporation to break or disturb the surface soil or rock in order to
facilitate or accomplish the extraction or removal of minerals, ores, rock
or other solid matter including any activity constituting all or part of a
process for the extraction or removal of minerals, ores, rock or other
solid matter so as to make them suitable for commercial, industrial, or
construction use but does not include those aspects of deep mining not
having significant effect on the surface without first obtaining a
conditional use permit to do so from the board of supervisors of Isle of
Wight County. Nothing herein shall apply to strip mining of coal. Such
permits shall not be transferable.
3. Application and procedures. The application shall be signed by the
operator and the landowner and when issued shall be issued in the name
of the operator and shall not be transferable between operators.
The application fee shall be as prescribed in Table 3 (fee schedule for zoning
applications).
A permit shall be obtained prior to the start of any mining operation. If,
within ten (10) days of the anniversary date of the permit, the zoning
administrator, after inspection, is satisfied that the operation is proceeding
according to the plan submitted to and approved by the board of supervisors,
then the zoning administrator shall renew the permit upon payment of a
renewal fee as prescribed in Table 3 (fee schedule for zoning applications).
The renewal fee is to be calculated based upon the acreage to be affected by
the total operation in the next ensuing year.
If the operator believes changes in his original plan are necessary or if
additional land not shown as part of the approved plan of operation is to be
disturbed, he shall submit an amended plan of operation, which shall be
approved by the board of supervisors in the same manner as an original.
Application for excavation permits shall be directed to the board of
supervisors of Isle of Wight County and shall be filed with the zoning
administrator. The application shall include the following information and
attachments:
a. The common name and geologic title, where applicable, of the
mineral, ore or other solid matter to be extracted;
b. A description of the land upon which the applicant proposes to
conduct mining operations, which description shall set forth the
location of its boundaries and any other description of the land to be
disturbed in order that it may be located and distinguished from other
lands and easily ascertainable as shown by a map attached thereto
showing the amount of land to be disturbed;
c. The name and address of the owner or owners of the surface of
the land;
d. The name and address of the owner or owners of the mineral, ore
or other solid matter;
e. The source of the operator's legal right to enter and conduct
operations on the land to be covered by the permit;
f. The total number of acres of land to be covered by the permit;
g. A reasonable estimate of the number of acres of land that will be
disturbed by mining operations on the area to be covered by the
permit during the ensuing year;
h. Whether any borrow pit permits of any type are now held by the
applicant and the number thereof;
i. Name and address of the applicant, if an individual; the names
and addresses of all partners if a partnership; the state of
incorporation and the name and address of its registered agent, if a
corporation; or the name and address of the trustee; if a trust;
j. If known, where the applicant or any subsidiary or affiliate or
any partnership, association, trust or corporation controlled by or
under common control with the applicant, or any person required to
be identified by subsection 3.g. of this section, has ever had a borrow
permit of any type issued under the laws of this or any other state
revoked or has ever had a mining or other bond, or security deposit
in lieu of bond, forfeited;
k. The application for a permit shall be accompanied by the
minimum number of copies required by the application of an
accurate map or plan and meet the following requirements:
i. Be prepared by a licensed engineer or licensed surveyor,
E3�►
ii. Identify the area to correspond with the land described in the
application,
iii. Show adjacent deep mining, if any, and the boundaries of
surface properties, with the names of the owners of the affected
area which lie within one hundred (100) feet of any part of the
affected area,
iv. Be drawn to a scale of four hundred (400) feet to the inch or
better,
v. Show the names and locations of all streams, creeks or other
bodies of public water, roads, buildings, cemeteries, oil and gas
wells, and the utility lines on the area affected and within five
hundred (500) feet of such area,
vi. Show by appropriate markings the boundaries of the area of
land affected, the outcrop of the seam at the surface or deposit to
be mined, and the total number of acres involved in the area of
land affected,
vii. Show the date on which the map was prepared, the north
arrow and the quadrangle name,
viii. Show the drainage plan on and away from the area of land
affected, including the directional flow of water, constructed
drainage ways, natural waterways used for drainage and the
streams or tributaries receiving the discharge.
1. Provide information delineating the vehicular access to be
utilized by the excavation operator and a statement listing the various
public streets /highways to be used as haul routes;
m. Provide an erosion and sedimentation control plan designed in
accordance with all applicable state and county requirements related
to land disturbing activities;
n. Provide an estimation of the total number of cubic yards to be
excavated;
o. Provide the total number of cubic yards excavated over the
previous five (5) years of operation if the extraction operation is
existing;
p. Provide the proposed date on which excavation operations will
commence, the proposed date on which such operation will be
completed and the proposed date all required restoration measures
will be completed;
q. The name and address of the operator.
No permit shall be issued by the board of supervisors until the planning
commission and zoning administrator have approved the plan of operation
and the bond from the applicant as hereinafter provided.
4. Operations plan required. The application for a permit shall be
accompanied by an operations plan in such form and with such
accompanying material as the zoning administrator shall require. The
operations plan shall describe the specifications for surface grading and
restoration, including sketches, delineating placement of spoil, stockpiles
and tailing ponds, to a surface that is suitable for the proposed
subsequent use of the land after reclamation is completed. The operations
plan shall include a provision for reclamation of all land estimated to be
affected by the mining operation for which the permit is sought. The
reclamation provision shall be in such form and contain such
accompanying material as the zoning administrator shall require and shall
state:
a. The planned use to which the affected land is to be returned
through reclamation;
b. Proposed actions to assure suitable reclamation of the affected
land for the planned use to be carried out by the applicant as an
integral part of the proposed mining operation and to be conducted
simultaneously insofar as practicable. The board shall set schedules
for the integration of reclamation with the mining operation
according to the various individual mineral types.
5. Reclamation. It shall be the policy of the board of supervisors to
encourage adoption of productive land use, such as pasture, agricultural
use, recreational areas, sanitary landfills, forestry and timberland
operations, industrial and building sites, and to consider the general
original contour in determining the particular reclamation program for
the acreage. The reclamation shall be conducted simultaneously with the
mining operation insofar as practicable and shall be completed within six
(6) months of the expiration of the permit. The zoning administrator may
require an amendment to the operations plan to meet the exigencies of
any unanticipated circumstances or event.
6. Application processing. The zoning administrator shall transmit the
application to the planning commission for consideration by said
planning commission. The planning commission shall consider the
location of the proposed excavation and the plans accompanying the
application. The planning commission shall make its recommendation to
the board of supervisors for approval, disapproval or amendment of the
application.
7. Operating and development requirements.
a. Setbacks for borrow pits and other excavations. The edge of an
excavation area for borrow pits and other purposes shall be located at
least such distance as to protect adjoining property from collapse,
caving or sliding, but in no event shall such excavation areas be less
than two hundred (200) feet from adjoining property lines or others.
The setback area shall not be used for any purpose during the period
of excavation, including overburden and spoil storage, except as
access and temporary topsoil storage.
b. Access roads. All access roads shall be constructed so as to
intersect as nearly as possible at right angles with public streets and
highways and no access road shall intersect any public road at any
angle of less than sixty (60) degrees. Where necessary, dust control
measures shall be taken.
c. Roadside landscape. Existing trees and ground cover along
public street frontage shall be preserved for a depth of two hundred
(200) feet, maintained and supplemented during the period of
excavation, if deemed desirable by board of supervisors with a
recommendation from the planning commission. The type, design
and spacing of supplementary planting shall be approved by the
zoning administrator.
d. Fencing /gate requirements. The zoning administrator, as herein
defined, may require the entire excavation operation to be fenced
with gates constructed at all entrances to be kept locked at all times
when not in use. The zoning administrator shall determine the type of
fencing and gates taking into consideration the activity to be
conducted, the location of the site relative to adjoining property
owners, degree of development of the surrounding area, visibility of
the site as an attractive nuisance, and potential of the site for
unauthorized accessibility by the public.
8. Restoration requirements.
a. Minimum slope of banks. All slopes around the edge of the
excavated area shall be left with a slope no less than three (3) feet
horizontal to one (1) foot vertical to the bottom.
b. Leveling of bottom area. All excavated areas shall be left in a
level state.
c. Topsoil restoration and planting. All areas not inundated shall be
covered with topsoil and seeded, as may be required by the zoning
administrator, upon the conditions and recommendations made by
the appropriate state agencies and officials.
d. Fencing /gate requirements. The zoning administrator, as herein
defined, may require the entire excavation area to be fenced with
gates constructed at all entrances to be kept locked at all times when
not in use, in addition to all fencing and gating installed in
accordance with the approved reclamation plan. The zoning
administrator shall determine the type of fencing and gates taking
into consideration the activity, to be conducted, the location of the
site relative to adjoining property owners, degree of development of
the surrounding area, visibility of the site as an attractive nuisance,
and potential of the site for unauthorized accessibility by the public.
9. Bond of operator. Each operator, before receiving site plan approval,
shall furnish bond on a form to be prescribed by the zoning
administrator, payable to the County of Isle of Wight and conditioned
that the operator shall faithfully perform all of the requirements of this
ordinance and of the operations plan and reclamation plan as approved
and directed by the board of supervisors. The amount of bond shall be
four thousand dollars ($4,000.00) per acre, based upon the number of
acres of land which the operator estimates, will be affected by the mining
operation in the next twelve (12) months. In addition, the zoning
administrator may require bond in an amount necessary to complete all
phases of operation and restoration/reclamation, plus ten percent (10 %)
contingency, in the amount recommended and endorsed by a certified
engineer, licensed to practice in the Commonwealth of Virginia, and any
changes to the approved bond amount would require similar estimations
provided by a certified engineer. However, in no event shall such bond
be less than four thousand dollars ($4,000.00) per acre as hereinabove
prescribed. Such bonds shall be executed by the operator and by a
corporate surety licensed to do business in this state; provided, however,
that in lieu of such bond, the operator may deposit cash, certified check,
or collateral securities satisfactory to the zoning administrator.
Upon request of the operator, the zoning administrator shall cause an
inspection to be made of the land subject to the reclamation plan, and if he
approves the reclamation of work completed by the operator, he shall order
the return of the bond or other security to the operator.
If the zoning administrator does not approve the reclamation work, he shall
notify the operator immediately and advise him of what additional steps he
deems necessary to satisfactorily complete the reclamation. The bond or
security posted by the operator for such land shall not be refunded until he
has obtained the zoning administrator's approval as aforesaid. If the operator
does not complete the reclamation in accordance with the directions of the
zoning administrator within ninety (90) days of such order of such zoning
administrator, the administrator may order a forfeiture of the bond or other
security posted by the operator and have the reclamation performed with the
money so received. Any funds remaining after the costs of the reclamation as
aforesaid shall be returned to the operator.
Within ten (10) days following the anniversary date of the permit, the
operator shall post additional bond in the amount determined by the zoning
administrator but not less than one thousand dollars ($1,000.00) per acre for
each additional acre of land estimated by him to be disturbed during the next
year following the anniversary date of the permit for which no bond has been
previously posted by him. Bond or other security previously posted shall be
released for the areas disturbed in the last twelve (12) months if reclamation
work has been completed and the approval of the zoning administrator
obtained as hereinabove provided.
10. Planning commission and board of supervisors. Upon receipt of a
reasonable plan of operation as prescribed hereinabove, the zoning
administrator shall present the plan to the planning commission for
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review and the planning commission shall make its recommendation to
the board of supervisors. The board of supervisors may issue the permit
with or without conditions to insure compliance with this ordinance
unless they find that the applicant has had control or has had common
control with a person, partnership, association, trust or corporation which
has a borrow pit permit revoked or bond or other security forfeited for
failure to reclaim lands as required by the provisions of this ordinance.
It shall be unlawful for any owner or owners of surface rights or the owner or
owners of mineral rights to interfere with the operator in the discharge of his
obligations to the county for the reclamation of land disturbed by him. If the
owner or owners of surface rights or the owner or owners of mineral rights
desire to conduct other mining operations on land disturbed by the operator
furnishing bond hereunder, such owner or other person shall be in all respects
subject to the provisions of this ordinance and the zoning administrator shall
then release an equivalent amount of bonds to the operator originally
furnishing bond on the disturbed area.
11. Application for permit; adjoining landowners. In addition to all other
notice requirements contained in this ordinance and otherwise required
by law, all property owners located within one thousand (1,000) feet of
the property line of any land proposed to be permitted shall be notified
by first class mail at least ten (10) days prior to the planning
commission's public hearing. The zoning administrator shall be
responsible for this notification.
12. Succession of one (1) operator by another at uncompleted project.
Where one (1) operator succeeds another at the uncompleted operation,
whether by sale, assignment, lease, merger or otherwise, the board of
supervisors may release the first operator from all liability under this
ordinance as to that particular operation; provided, however, that the
successor operator has been issued a permit and has otherwise complied
with the requirements of this ordinance, and the successor operator
assumes, as part of his obligation under this ordinance, all liability for the
reclamation of the area of land affected by the first operator. No fee, or
any portion thereof, paid by the first operator shall be returned to either
operator. The permit fee for the successor operator for the area of land
permitted by the first operator shall be as prescribed for a new
application in Table 3 (fee schedule for zoning applications). The permit
for the successor operator shall be valid for the remaining period left on
the original permit.
13. Notice of noncompliance served on operator. The zoning
administrator may cause a notice of noncompliance to be served on the
operator whenever the operator fails to obey any order by the zoning
administrator to:
a. Apply the control techniques and institute the actions approved
in the operations and reclamation plan;
b. Comply with any required amendments to the operations or
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reclamation plan;
c. Comply with any other requirement of this ordinance;
d. A copy of the notice shall be delivered to the operator or served
by certified mail addressed to the operator at the permanent address
shown on the application for a permit. The notice shall specify in
what respects the operator has failed to obey the order of the zoning
administrator and shall require the operator to comply with the order
within a reasonable period of time as fixed by the zoning
administrator, following service for the notice. If the operator has not
complied with the requirements set forth in the notice of
noncompliance within the time limits fixed therein, the board of
supervisors shall revoke the permit and declare the forfeiture of the
entire bond, which, when collected, shall be used by the County of
Isle of Wight in performing reclamation under the provisions of this
ordinance.
14. Additional bond to cover amended estimate of land to be disturbed.
If, during any operation, it is found that the operator's estimate of the
amount of disturbed land for which bond or other security has been
posted for reclamation is less than the actual area disturbed, the zoning
administrator shall order the operator to file additional bond or security
sufficient to cover an amended estimate of land to be disturbed by such
operation.
15. Life of permit. All permits issued for borrow pits by the board of
supervisors will be for a period of five (5) years from the date of
issuance. Any extension of time or renewal of said permits would require
new applications filed in accordance with all of the terms of this
ordinance.
I. Scrap and salvage service. A scrap materials, and salvage services may
be permitted as a conditional use when consistent with the zoning district
regulations, provided:
1. Such facilities shall be screened from view with a solid fence or wall
along all property lines six (6) feet in height, except for approved access
crossing and utility easements. Said fence or wall shall be located interior
to any required buffer or landscape strip and shall present a finished side
to the exterior property line(s).
2. Vehicles shall not be stored or stacked so that they are visible from
any adjacent properties.
J. Shipping container. The placement, use and storage of shipping
containers shall be authorized only as follows:
1. Shipping containers used in conjunction with bona fide agricultural
uses are exempt from the provisions of this part, except that shipping
containers used in conjunction with bona fide agricultural uses shall:
a. Not be visible from any road or adjacent residential uses.
M.
2. Shipping containers used for any other use besides a bona fide
agricultural use shall adhere to the following provisions:
a. The shipping containers are used in the active transport of goods,
wares or merchandise in support of a lawful principal use of the
property.
b. The shipping containers are placed or stored in areas depicted on
an approved site plan.
c. Shipping containers shall not be stored in salvage yards.
Furthermore, there shall be no storage of raw materials and shipping
containers simultaneously on any property.
d. The shipping containers must comply with development criteria
relating to setbacks for principal buildings in the industrial district
where permitted and landscape buffer yards.
e. Shipping containers shall not be stacked to exceed a total of
three (3) containers or thirty -eight (38) feet in height, whichever is
less. Stacked containers must comply with the Virginia Statewide
Fire Prevention Code, as amended.
f. Shipping containers shall not be visible from any property zoned
or used for residential purposes.
g. No shipping container shall be used as a residence or to support
a residential use or home occupation.
h. No shipping container shall be placed on or otherwise block or
restrict access to fire hydrants, fire lanes or required parking spaces.
(7 -7 -05; 10- 18 -12.)
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Casteen called for a public hearing on the following:
F. FY2012 -13 Capital Budget
County Attorney Popovich advised that the Capital Budget has been
properly advertised for public hearing and represents bond revenue obtained
recently for the purposes of specific capital projects.
Chairman Casteen called for persons to speak in favor of or in
opposition to the proposed Capital Budget.
No one appeared and spoke.
Chairman Casteen closed the public hearing.
:•
County Attorney Popovich advised the Board and those in attendance
that the Board must wait seven (7) days before taking action on the proposed
Budget.
County Attorney Popovich requested a closed meeting pursuant to
Section 2.2- 3711.A.7 of the Code of Virginia concerning consultation with
legal counsel requiring the provision of legal advice pertaining to a Fats, Oils
and Grease Ordinance violation; pursuant to Section 2.2- 3711.A.5
concerning a discussion regarding a prospective business or industry or the
expansion of an existing business or industry where no previous
announcement has been made of the business' or industry's interest in
locating or expanding its facilities in the community; pursuant to Section 2.2-
3711.A.5 concerning a discussion regarding a prospective business or
industry or the expansion of an existing business or industry where no
previous announcement has been made of the business' or industry's interest
in locating or expanding its facilities in the community; and, pursuant to
Section 2.2- 3711.A.7 concerning consultation with legal counsel requiring
the provision of legal advice pertaining to contract terms.
Supervisor Darden moved that the Board enter the closed meeting for
the reasons stated by the County Attorney. The motion was adopted by a
vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
Chairman Casteen reconvened the meeting.
Supervisor Hall moved that the Board adopt the following Resolution:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
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.
.l
VOTE
AYES: Bailey, Darden, Hall, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Alphin moved to allow staff to proceed with the providing
the incentives to the two (2) prospective businesses as discussed in the closed
meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and
no Supervisors voting against the motion.
At 7:35 p.m., Chairman Casteen declared the meeting adjourned.
A-) VIED
arey ills Storm, Clerk
91
, - " 4 e � Z-� —
Alan E. Casteen, Chairman