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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 // 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 3 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. 4 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 5 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 7 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. 9 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 10 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; 12 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. 13 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. 14 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. 15 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. 19 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: 32 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; 34 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 35 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; 36 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. 37 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. 39 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. 42 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 70 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 71 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. 72 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: 73 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 74 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 75 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. 76 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. 77 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: 79 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 MGM 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 M 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