03-21-2013 Regular MeetingREGULAR MEETING OF T1--IE ISLE OF WIGHT COLINTY BOARD OF
SUPERVISORS HELD THE TWENTY-FIRST DAY OF MARCH IN THE
YEAR TWO THOUSAND AND THIRTEEN AT 5:00 P.M. IN THE
ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
N0WTY COURTHOUSE
PRESENT: JoAnn W. I I al I, Chairman, Hardy District
Byron B. Bailey, Newport District
Rex W. Alphin, Carrsville District
Delores N4. Darden, Windsor District
Alan E. Casteen, Smithfield District
4 lso4itt ending: Mark C. Popovich, County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
TO ORDERANVOCATION/PLEDGE OF ALLEGIANCE
At 5:00 p.m., Chairman Hall called the meeting to order.
Supervisor Casteen provided the invocation and lead the Pledge of
Allegiance to the Flag,
APPROVAL OF THE AGENDA
The following revisions to the agenda were offered for the Board's
consideration:
Under the County Attorney's report, an offer to purchase County property in
Battery Park and consideration of an extension to the Letter of Intent with
HOPE Presbyterian Church; under the County Administrator's report,
immediately following the Sheriffs budget shortfall item, a Resolution to
Accept Donated 2006 Crown Victoria from the Town of Smithfield, Virginia
and a Resolution to Accept Donated 2004 Harley Davidson Motorcycle from
the City of Portsmouth Sheriffs Office; under Special Presentations, a
presentation from Mrs. Keen on behalf of the Isle of Wight Citizens
Association; and three (3) closed meeting items, for a total of five (5) items.
Supervisor Casteen 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.
SPECIAL PRESENTATIONS /APPEARANCES
I(;race Keen, on behalf of the Isle of Wight Citizens Association and Albert
BUrckard i on behalf of the Carrollton Civic League, requested the
reiiisL School Resource Officers in all County Schools.
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A cat available for adoption at the County's animal shelter was displayed by
Animal Control staff.
Cheryl Ketcham and the Smithfield Farmers Market were featured under the
Small Business Close-Up segment of the agenda.
&Pnny Bailey, Carrollton Library Branch Manager, updated the Board on
W�urrent library programs, the benefits received by citizens who participate in
library events and their work with area schools.
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, ]M�illiams, Mayor of Smithfield, Andrew Gregory, Vice Mayor of
Smi,Lhfield, Danny I lughes, Past President, Smithfield Recreation Association
andlithris Kennedy, President, Smithfield Recreation Association, addressed
the Board regarding a proposal to develop a baseball recreational complex on
property owned by the County located on Great Springs Road. A Letter of
Commitment to support the proposed ball field complex which includes a
boundary line adjustment to include the property within the Town limits of
Smithfield; the donation of approximately 20 acres for the complex and a
cash donation of $200,000 from the County were requested.
CONSENT AGENDA
A. Grant Award — V-STOP Program for FY2012-13
Resolution to Authorize Award Acceptance and to Accept and
Appropriate Funds Received from the Commonwealth of Virginia
Department of Criminal Justice Services
B. Safety and Training Update
C. Isle of Wight County Wetlands Board 2012 Annual Report
I). Quarterly Project/Program Status Report
E. Statement of the Treasurer's Accountability
F. Monthly Delinquent Tax Collection Report
G. Fiscal Year 2012-13 Monthly Financial Reports for County and
Schools
1-1. February 21, 2013 Regular Meeting Minutes
*Supervisor Bailey moved that the Consent Agenda be adopted. The motion
was adopted by a vote of (5-0) with Supervisors Casteen, Darden, Bailey,
I lall and Alphin voting in favor of the motion and no Supervisors voting
against the motion,
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A
REGIONAL REPORTS
Supervisor Darden reported that the I fampton Roads Transportation Planning
Organization (TPO) discussed new monies to be received in Hampton Roads
and potential priorities for spending these new monies. She advised that the
County Administrator had responded to the TPO's request for the County's
new transportation projects.
Supervisor Darden reported that benchmarks and regional studies were
reviewed by the Hampton Roads Planning District Commission.
Supervisor Darden reported that the Windsor Intergovernmental Relations
Committee had discussed common goals with respect to the expansion of the
Shirley T. Holland Industrial Park, sewer and the Route 460 transportation
project. She advised that there was also a meeting regarding the restructuring
of the Development Service District (DSD) with respect to the Industrial
Park.
Supervisor Bailey reported that the Western Tidewater Regional Jail kitchen
renovation will be complete within the next several months and concern with
increased water bills was discussed.
Chairman Hall reported that the Franklin/Southampton County Chamber of
Commerce enjoyed a tour of the International Paper Mill fluff Pulp.
TRANSPORTATION MATTERS
A Resolution to Endorse the Park to Park Trail Project and Authorize
Submission of a Transportation Alternatives Grant Application was presented
for consideration.
Supervisor Alphin moved that the following Resolution be adopted:
RESOLUTION TO ENDORSE THE PARK TO PARK TRAIL PROJECT
AND AUTHORIZE SUBMISSION OF A TRANSPORTATION
ALTERNATIVES GRANT APPLICATION
%VHER-EAS, Isle of Wight County has an established Transportation
Enhancements project for construction of the Park to Park Trail (previously
referenced as the Nike Park Trail); and
\,\'HEREAS, the Board of Supervisors of Isle of Wight County support the
trail construction project as a vital component of providing a safe, healthy,
and enjoyable quality of life for all County residents and visitors; and
\kTIEREAS, utilization of grant funds provides exponential value to the use
Of public funds for such projects;
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NOW THEREFORE BE IT RESOLVED that the Isle of Wight County
Board of Supervisors does hereby support and endorse the design and
construction of the Park to Park Trail, approximately 4 miles of multi -use
path between Windsor Castle Park and Nike Park in the Smithfield and
Windsor Districts.
BE IT FURTHER RESOLVED that the County of Isle of Wight will be
responsible for maintenance, upkeep and operating costs of said Trail;
BE IT FURTHER RESOLVED that if the County of Isle of Wight
subsequently elects to cancel this project, the County of Isle of Wight hereby
agrees to reimburse VDOT for the total amount of costs expended by VDOT
through the date that VDOT is notified of such cancellation. The County of
Isle of Wight also agrees to repay any funds previously reimbursed that are
later deemed ineligible by the Federal IIighway Administration.
RE IT FURTHER RESOLVED that the Isle of Wight County Board of
Supervisors does hereby authorize staff to submit a 2013 Transportation
Alternatives /Transportation Enhancements grant application for construction
of a portion of said Trail, not to exceed one million two hundred and fifty
thousand dollars ($1,250,000.00) and agrees to provide a minimum twenty
percent (20 %) as matching funds to the grant total.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Garden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Alphin requested appropriate action be taken to resolve the
flooding at Mills Swamp Road between Green Level Road and Mill Swamp
Church.
CITIZENS CON'S MENTS
Jim Parks, President, Cypress Creek Advisory Board, addressed the Board
regarding a proposed baseball recreational complex. He stated that while he
is in support of the proposed project, he does have concerns with potential
stormwater runoff, noise, egress and headlights on homes
Henry Morgan of the Newport District requested the Board to support the
proposed baseball recreational complex if the concerns expressed by the
Cypress Creek Association can be adequately addressed.
Rita Richardson, tMayor, Town of Windsor, spoke in support of the proposed
baseball recreational complex. She requested the Board to donate $25,000
for a four (4) year period to assist with the cost of renovating the Windsor
'%fiddle School into a community center.
David Stafford of Smithfield spoke in support of funding being requested by
the School Division and the Sheriff's Department.
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ARD COMMENTS
Responsive to a request by Mayor Richardson under Citizens Comments,
Supervisor Darden advised that the County has donated 13.4 acres in 2003 to
the Adsor Athletic Association.
L &6xjW'fiU --l", .. —. research and get back to Mayor Richardson on the
7�77 7 conaTion-ToT77'Windsor Athletic Association.
COUNTY ATTORNEY REPORT
County Attorney Popovich presented a refund request from the Treasurer in
the amount of $4,734.97 to Cost Plus World Market for water and sewer
overbilling for the period December 2011 to January 2013.
Supervisor Alphin moved that the County Attorney be authorized to sign the
request approving the refund. 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 presented a refund request from the
Commissioner of the Revenue in the amount of $6,827.93 to Smithfield
Packing Company for the abatement of building values as a result from a
decision made by the Board of Equalization.
Supervisor Casteen moved that the County Attorney be authorized to sign the
request approving the refund of $6,827.93. 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 presented an Indefinite Engineering Services
Agreement with Whitman, Requardt (N- Associates for professional
engineering services.
Supervisor Casteen moved that the Chairman be authorized to sign the
Agreement on behalf of the Board. The motion was adopted by a vote of (5-
0) with Supervisors Casteen, Darden, Bailey, I-Tall and Alphin voting in favor
of the motion and no Supervisors voting against the motion.
County Attorney Popovich presented an Indefinite Engineering Services
Agreement with the firm of Johnson, Mirmiran & Thompson.
Supervisor Bailey moved that the Chairman be authorized to sign the
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.
Z'
M
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County
Program
County.
Attorney Popovich presented a request from Christian
rev,ardinv, an insurance coverage revision to its lease
Outreach
with the
Supervisor Bailey moved that Christian Outreach's request that the insurance
provision be removed for fire, casualty and hazard and that the County be
named as an additional insured. The motion was adopted by a vote of (5 -0)
with Supervisors Casteen, Darden, Bailey, 1 [all and Alphin voting in favor of
the motion and no Supervisors voting against the motion.
County Attorney Popovich requested authorization to advertise for public
hearing a proposed Ordinance to amend and re -enact Chapter 16.1 NVater
relative to fire protection to include a civil penalty for the unauthorized use of
County fire hydrants.
Supervisor Darden moved that the County Attorney's office be authorized
to advertise this matter for public hearing at the Board's April 18, 2013
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 presented an offer to purchase County property in
the Battery Park area in the amount of $2,500 which is currently assessed at
$4,000.
Supervisor Bailey moved that the matter be referred to the Building, Grounds
and Transportation 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.
County Attorney Popovich presented a request for consideration of an
extension to the Letter of Intent with HOPE Presbyterian Church.
Supervisor Darden moved that the Chairman be authorized to sign for the
HOPE extension. The motion was adopted by a vote of (5 -0) with
Supervisors Casteen, Darden, Bailey, [ [all and Alphin voting in favor of the
motion and no Supervisors voting against the motion.
County Attorney Popovich presented a Resolution to Dissolve the Boykin's
Tavern Advisory Committee.
Chairman Hall moved that the following Resolution be adopted:
RESOLUTION TO DISSOLVE THE
BOYKIN'S TAVERN ADVISORY COIN1 [ITTEE
\V i iEREAS, the Boykin's Tavern Advisory Committee was created in 2000
and charged with the responsibility of assisting County staff in the
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deyi0opment of use guidelines for Historic Boykin's Tavern, provide
recommendations to the Board of Supervisors on how best to maintain the
Facility and to assist in the promotion of the facility as a tourist destination
point; and,
Zce that time, those same responsibilities have been assumed
�ight County Historic Resources staff.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of 'Night, Virginia hereby
dissolves the Boykin's Tavern Advisory Committee effective immediately;
and
BE IT FURTHER RESOLVED that the Board of Supervisors of the County
of Isle of Wight, Virginia wishes to thank all of those citizens who willfully
gave of their time and talents to assist the County in developing Boykin's
Tavern into the facility it is today; and
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BE IT FURTI IER RESOLVED that the Board of Supervisors of the County
of Isle of Wight, Virginia does hereby encourage all those citizens who
remain interested in the preservation and use of Historic Boylcin's Tavern as
a tourist facility to explore the possibility of creating their own charitable
organization to further support and promote the facility into the future.
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.
PARKS AND RECREATION REPORT
Mark \\'. Furlo, Director of Parks and Recreation, addressed the Board
regarding the cost of operation of the Isle of Wight /Franklin Skating Rink.
Nrlr. Furlo requested authorization to hire three (3) part -time Skating Rink
Attendants.
Supervisor Alphin moved that staff be authorized to hire three (3) part-time
Skating Rink Attendants. 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.
IM r. Furlo requested authorization to hire a Parks and Grounds Attendant.
Supervisor Bailey moved that staff be authorized to hire a Parks and Ground
Attendant. 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.
ENERAL SERVICES REPORT
ddie P. Wrightson, Director of General Services, presented a Resolution to
ppropriate Funds from the Unassigned Fund Balance for the County Share
the Sanitary Sewer Pump Station Costs at Georgie D. Tyler '�Jiddle
School.
0 upervisor Casteen moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE UNASSIGNED
FUND BALANCE FOR THE COL►NTY SHARE OF THE SANITARY
SEWER PUMP STATION COSTS AT GEORGIE D. TYLER MIDDLE
SCHOOL
%\1IEREAS, the Isle of Wight County Board of Supervisors was briefed in a
Board Report on January 19, 2012 on sanitary sewer requirements for the
construction of the Georgie D. Tyler Middle School; and
k'HER�I:AS, the Board of Supervisors, by motion, agreed to a fifty percent
(50 %) cost share for the pump station up to Five Hundred Thousand Dollars
$ and
EAS, Isle of Wight County Schools has received bids on the Georgie
yler Middle School and Pump Station and the County cost share of the
Pump Station has been determined to be Two hundred Seventy Six
Thousand Eight I Iundred Ninety Five Dollars and Fifty Cents ($276,895.50)
NOW, THEREFORE, BE IT RESOLVED by the Isle of \�Night County
Board of Supervisors to appropriate from the Unassigned Fund Balance, Two
Hundred Seventy Six Thousand Eight Hundred Ninety Five Dollars and Fifty
Cents ($276,895.50) for the County's cost share of the Georgie D. Tyler
Middle School Pump Station; and
BE IT FURTI-IER RESOLVED that the County Administrator is authorized
to make the appropriate accounting adjustments in the budget and do all
things necessary to give this resolution full effect.
M 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. Wrightson requested the Board to become familiar with the Stormwater
Management Program and begin to give consideration as to how the
mandates will be funded as this issue will be returned to the Board at its April
18, 2013 meeting.
Mr. Wrightson requested the Board's authorization to re- register the Phase II
Municipal Separate Storm Sewer System (MS4) permit.
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Supervisor Casteen moved that the County Administrator, or his designee, be
authorized to sign the Phase II IMS4 Registration Statement. 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. %\ rightson requested the Board's authorization to enter into a Letter of
Agreement with the Department of Environmental Quality regarding system
changes.
Supervisor Alphin moved that the County Administrator or his designee be
authorized to sign the Letter of Agreement upon review and approval of 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.
Mr. \ Irightson announced the resignation of a Utility Systems \k order in the
General Services/Public Utilities Division and requested authorization to
advertise the newly vacant position.
Supervisor Casteen moved that the Human Resources Department be
authorized to advertise the newly vacant position of the Utility Systems
Worker in the Public Utilities Division. 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 Hall declared a break and called the meeting back to order at 7:00
p.m. in order to conduct the public hearings.
PI;BLIC HEARINGS
Chairman Hall called for a public hearing on the following:
A. An Ordinance to Amend and Reenact the Isle of Wight County Code,
Appendix B, Zoning, Article II, Section 2 -1002 (Definitions); Article
III, Section 3 -8000 (Use Types); Article IV, Section 4 -2003
(RAC /Conditional Uses), Section 4 -3003 (RR/Conditional Uses),
Section 4 -4003 (VC /Conditional Uses), and Section 4 -5003
(NC /Conditional Uses); and Article V, Section 5- 5007.A
(Supplementary Use Regulations). The purpose of the ordinance
amendment is to delete the requirement for a Conditional Use Permit
for the installation of Alternative Sewage Discharge Systems.
County Attorney Popovich certified that the matter has been properly
advertised.
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Chairman Hall called for persons to speak in favor of or in opposition to the
proposed Ordinance.
No one appeared.
Chairman I Tall closed the public hearing and called for comments from the
Board.
Supervisor Darden moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING APPENDIX B, ZONING
ARTICLE II, SECTION 2 -1002 (DEFINITIONS);
ARTICLE III, SECTION 3 -8000 (MISCELLANEOUS USE TYPES);
ARTICLE IV (ZONING DISTRICTS AND BOUNDARIES),
SECTION 4 -2003 (R1AC /CONDITIONAL USES),
SECTION 4 -3003 (RR /CONDITIONAL USES),
SECTION 4 -4003 (VC /CONDITIONAL USES),
SECTION 4 -5003 (NC /CONDITIONAL USES); AND
ARTICLE V, SECTION 5- 5007.A (MISCELLANEOUS USE TYPES)
%VIIERI.AS, 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, compliant with the Code of Virginia (1950, as amended); and
WHEREAS, the Isle of Wight County Board of Supervisors and the
County Attorney finds that the Code of Virginia prohibits the County from
requiring a landowner to obtain a special or conditional use permit prior to
the installation of an alternative onsite sewer system; and
NOW, THEREFORE, BE IT ORDAINED by the Isle of `'Fight County
Board of Supervisors that Appendix B, Zoning, Article II, Section 2 -1002
(Definitions) of the Isle of Wight County Code be amended as follows:
Sec. 2 -1002. - Definitions.
When used in this ordinance the following terms shall have a meaning as ascribed herein:
Abutting.\ Having a common border with, or being separated from such common border by right -of-
way, alley or easement.
Access, pedestrian \ The right to cross between pubic and private property, allowing pedestrians to
enter and leave property.
Access, vehicular.\ A means of vehicular approach or entry to or exit from property, from a street or
highway.
Accessory build ng.\ A subordinate building customarily incidental to and located upon the same lot
occupied by the main building. When an accessory building is attached to the principal building in a
substantial manner, as by a wall or roof, such accessory building shall be considered a part of the principal
bu'l 6 ng.
Accessory use.\ A use customarily incidental and subordinate to, and on the same lot as a principal
use.
Administrator.\ See "zoning admiristrator."
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Alley.\ A right -of -way that provides secondary service access for vehicles to the side or rear of
abutting properties.
Alteration.\ Any change or rearrangement of supporting members of an existing building, such as
bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows or
any enlargement to or diminution of a building or structure, whether horizontally or vertically, or moving of
a building or structure from one location to another
Alternate discharge sewage system.\ Any device or system which results in a point source surface
discharge of treated sewage with flows less than or equal to one thousand (1,000) gallons per day on a
yearly average. These systems are regulated by the Virginia Department of Health and under a general
Virginia Pollution Discharge Elimination System (VPDES) permit issued by the Virginia Department of
Environmental Quality (DEQ).
Amend or amendment. Any repeal, modification or addition to a regulation; any new regulation: any
change in the number, shape, boundary or area of a zone or zoning district; or any repeal or abolition of
any map, part thereof or addition thereto.
Amenity space.\ Space devoted to such uses as uncovered open space for public enjoyment
consisting of such things as, but not limited to: green areas, gardens, malls, plazas, walks, pathways,
promenades, arcades, lawns, fountains, decorative plantings, passive or active recreational areas Such
space shall not include parking or maneuvering areas for vehicles Area devoted to this purpose shall '
easily and readily accessible to the public or residents of the development. In areas where pedestn
walkways are shown on an approved and adopted master plan such area within the percentage reqjir
for amen ty space as is necessary shall be devoted to the provision of pedestrian walkways or paths
general public use.
Anchor store.\ A store that act as the major retailer and brings in the majority of business with 'r
shopping center, mall or similar commercial complex.
Antenna.\ A device in which the surface is used to capture an incoming and /or transmit an outgoi
radio- frequency signal. Antennas shall include the following types:
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Omnidirectional (or "whip ") antenna —An antenna that receives and transmits signals in a 3E
degree pattern.
Directional (or "panel ") antenna —An antenna that receives and transmits signals in a directior
pattern typically encompassing an arc of one hundred twenty (120) degrees.
Dish (or parabolic) antenna —A bowl shaped device, less than two (2) meters in diameter, tr
rece ves and transmits signals in a specific directional pattern.
Arcade.\ A covered passage having an arched roof_
Attc.\ The area between roof framing and the ceiling of the rooms below that is not habitable,
may used for storage or mechanical equipment. Improvement to habitable status shall make it a story
Automob le.\ See "motor vehicle."
Automobile wrecking yard \ Automobile wrecking yard shall mean any lot or place which is exposed to
the weather and upon which more than two (2) vehicles of any kind that are incapable of being operated
and which it would not be economically practical to make operative, are placed, located or found for a
period exceeding th rty (30) days. The movement or rearrangement of such vehicles within an existing lot
or faci ity shall not render this definition inapplicable. (See also scrap and salvage services in section 3-
700. )
The maximum number of dwelling units permitted ou!right by a particular land -use
Base food /one hundred (100) year flood.\ A food that, on the average, is likely to occur once e\
hundred (100) years (i.e., that has a one percent (1 %) chance of occurring each year, although
may occur in any year)
r i t portion of a building that is partly or completely below grade. A basement shal
is ceiling is over six (6) feet above the average level of the finished ground surf
ning the exterior walls of such story, or if it is used for business or dwelling purposes.
Billboard.\ See "sign, billboard."
Block.\ That property abutting one (1) side of a street and lying between the two (2) nea
intersecting streets or the nearest intersecting street and railroad right -of -way, river, or between any of
foregoing and any other man -made or natural barrier to the continuity of development.
Board of supervisors.\ Governing body of Isle of Wight County. Also referred to as the board.
Board of zoning appeals.\ The board appointed to review appeals made by individuals with regar
decisions of the zoning administrator in the interpretation of this ordinance. The board of zoning appeal
also authorized to grant variances from provisions of the zoning ordinance in particular circumstances.
Breezeway.\ A structure for the principal purpose of connecting the main building or bold ngs c
property with other main buildings or accessory buildings.
Buffer or bufferyard. A natural open space or landscaped area intended to separate and pro
adjacent or contiguous uses or properties, including land uses abutting highly traveled highway corrid,
from noise, lights, glare, pollutants or other potential nuisances.
Building.\ A structure with a roof designed to be used as a place of occupancy, storage, or shelter
Building, floor area.\ The total number of square feet area in a building, excluding uncovered steps,
and uncovered porches, but including the basement and the total floor area of accessory buildings on the
same lot.
Build ng, height.\ The height of a building is the mean vertical distance from the average established
grade in front of the lot or from the average natural grade at the building line, if higher, measured to the
following: to the roof line, to the average height of the top of the cornice of fiat roofs, to the deck line of a
mansard roof, to the middle height of the highest gable or dormer in a pitched or hipped roof, except that,
if a building is located on a terrace, the height above the street grade may be increased by the height of
the terrace. On a corner lot, the height is the mean vertical distance from the average natural grade at the
building line, if higher, on the street of greatest width, or if two (2) or more such streets are of the same
width, from the highest of such grades.
Building line.\ A fine parallel to the front property line of a yard beyond which the foundation wall
and /or any enclosed porch, vestibule, or other enclosed portion of a building shall not project, except as
provided in subsection 5- 2000.D, supplementary density and dimensional requirements.
Building, main.\ See "principal building or structure."
Building official, superintendent of building inspections.\ The person designated as the official
responsible for enforcing and administering all requirements of the Uniform Statewide Building Code in
sle of Wight County, Virginia.
Bulk regulations.\ Controls that establish the maximum size of build ngs and structures on a lot or
parcel and the bu "ldable area within which the structure may be placed, including lot coverage, height,
setbacks, density, floor area ratio, open space ratio, and landscape ratio.
Caliper.\ A measurement, in diameter, of plant material size. All plant material requiring a caliper
measurement shall be measured using diameter at breast height (DBH), which is defined as four and one -
ialf (4'/2) feet above the ground on the uphill side of the tree or plant.
Camping site.\ Any plot of ground within a campground used or intended for occupation by the
- amping unit.
Camping unit.\ A tent, tent trailer, camping trailer, pickup camper, motor home, recreational vehicle or
any other commonly used temporary shelter device used as temporary living quarters or shelter during
Deriods of recreation, vacation, leisure time or travel. To qualify as a camping unit, vehicular and mobile
anits shall be eligible to be currently licensed and registered by a governmental body and shall be legal to
:ravel on Virginia highways without special permits for size, weight or other reasons.
Canopy.\ A roof -like structure of a permanent nature which may be freestanding or project from a wall
Df a budding or its supports.
Canopy coverage.\ The percent of a fixed land area covered by the crown of an individual plant
=xceeding five (5) feet in height and measured fifteen (15) years from the date of installation. Or the
Dercent of a fixed land area covered by the outermost limits of the crown of a cluster of plants exceeding
ive (5) feet in height, which create one (1) continuous area of coverage, measured fifteen (15) years from
:he date of installation.
Carport.\ A permanent roofed structure not more than seventy -five percent (75 %) enclosed by walls
and attached to the main building for the purpose of providing shelter for one (1) or more motor vehicles.
Cellar.\ See "basement."
Certificate of occupancy.\ A document issued by the bu'lding official allowing the occupancy or use of
a structure and certifying that the structure and /or site has been constructed and is to be used in
;ompliance with all applicable plans, codes and ordinances.
Channel.\ A natural or artificial watercourse with a def +rite bed and banks to confine and conduct
;ontinuously or periodically flowing water.
Child.\ Any natural person under eighteen (18) years of age.
Chord.\ A line segment joining any two (2) points of a circle.
Circulation area.\ That portion of the vehicle accommodation area used for access to parking or
oading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than
)arking aisles) comprise the circulation area.
Co- location.\ The use of a single location structure and /or site by more than one (1) wireless
;ommunications service provider.
Coastal high hazard area (CHHA).\ The portion of a coastal flood plain having special flood hazards
hat is subject to high velocity waters, including hurricane wave wash. The area is designated on the flood
nsurance rate map (FIRM) as zone VI -30, VE or V (V- zones).
Combination use.\ A use consisting of a combination of one (11 or more lots and tv,,o (2'; or more
)rincipal uses separately listed in the district regulations.
Commercial vehicle.\ A vehicle designed to have more than two (2) rear wheels on a single axle. This
;hall not apply to pickup body type trucks, passenger van type vehicles, or to vehicles essential for an
agricultural use associated with the premises.
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Community impact statement.\ A document required by the county which outlines the impact a
proposed development will have on environmental and cultural resources, and county services, includ ng,
but not limited to schools, fire and rescue, and public utilities.
Conditional use.\ A conditional use is a use that, because of special requirements or characteristics,
may be allowed in a particular zoning district only after review and recommendation by the planning
commission and the granting of conditional use approval by the board of supervisors imposing such
conditions as necessary to make the use compatible with other uses permitted in the same zone or
vicinity.
Deck.\ A structure, without a roof or walls, directly adjacent to a principal building, which has an
average elevation of thirty (30) inches or greater from finished grade.
Development.\ Any manmade change to improved or unimproved real estate, including, but not
limited to, buildings or other structures, the placement of manufactured homes, streets, and other paving,
utilities, filling, grading, excavation, mining, dredging, drilling operations, or storage of equipment or
materials.
Development review committee (DRC).\ A subcommittee of the planning commission whose
members are appointed by the board of supervisors. The development review committee may grant
preliminary approval of site plans as outlined in the zoning ordinance and are also authorized to grant
waivers from provisions of the zoning ordinance in particular circumstances.
Display lot.\ An outdoor area where active nighttime sales activity occurs and where accurate color
perception of merchandise by customers is required. To qualify as a display lot, one (1) of the following
specific uses must occur: motor vehicle sales, boat sales, recreational vehicle sales, gardening or nursery
sales Any other use must be approved as display lot uses by the zoning adm nistrator.
Dripline.\ A vertical projection to the ground surface from the furthest lateral extent of a tree's leaf
canopy
Driveway.\ A roadway providing access for vehicles to a parking space, garage, dwelling, or other
structure. A driveway serves only one (1) or two (2) lots,
Dwelling.\ A building, or portion thereof, designed or used exclusively for residential occupancy,
including single - family dwellings, two- family dwellings, and multifamily dwel ings, but do not include
hotels, motels, boarding and rooming houses, bed and breakfast establishments, and the like.
Dwelling unit.\ One (1) or more rooms physically arranged so as to create an independent
housekeeping establishment for occupancy by one (1) family with toilets and facilities for cooking and
sleep`ng separate from any other dwelling unit.
Earthcraft certified construction.\ An environmentally - friendly, residential building program developed
by the Southface Energy Institute which requires certified builders to meet guidelines for energy efficiency
water conservation, and other environmental practices on single- family and multifamily unit construction.
Similar to the LEED certification program, but focused specifically on residential development.
Earth tone.\ A color scheme that draws from a color palette of browns, tans, grays greens, and some
reds. The colors in an earth tone scheme are muted and fiat in an emulation of the natural colors found in
dirt, moss, trees, and rocks. Many earth tones orig nate from clay earth pigments, such as umber, ochre,
and sienna. Colors such as orange and blue are not considered earth tones because they are not found
naturally on pieces of land even though they can be found within nature.
Elevation.\ A vertical distance above or below a fixed reference point.
Environmental assessment.\ An analysis of the beneficial or detrimental effects of a development on
the natural resources and characteristics of the property, including resources such as, but not limited to
wetlands, flora and fauna, and other ecosystems.
Equipment enclosure.\ A small building, cabinet, or vault used to house and protect electronic or
mechanical equipment. Associated equipment may include, but is not limited to, air conditioners and
emergency generators.
Facade.\ That portion of any exterior elevation of the building extending from grade to top of the
parapet, wall, or eaves and the entire width of the building elevation.
Family.\ An individual, or two (2) or more persons related by blood, marriage or adoption, or a group
of not more than four {4) unrelated persons, occupying a single- family dwelling.
Flood.\ A general and temporary condition of partial or complete inundation of normally dry land areas
from:
The overflow of inland or tidal waters;
2 The unusual and rapid accumulation or runoff of surface waters from any source;
3. Mudslides (i.e., mudflows) which are proximately caused by flooding and are akin to a river of
'quid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a
current of water and deposited along the path of the current.
A flood may be further defined as the collapse or subsidence of land along the shore of a lake or
other body of water as a result of erosion or undermining caused by waves or currents of water
exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural
body of water accompanied by a severe storm, or by an unanticipated force of nature, such as a flash
flood or by some similarly unusual and unforeseeable event which results in flood ;ng.
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Flood hazard zone.\ The delineation of special flood hazard areas into insurance risk and rate
classifications on the flood insurance rate map (FIRM) published by the Federal Emergency Management
Agency (FEMA) and which include the following zones and criteria:
Zone A: ... Areas subject to inundation by the 100 -year flood where detailed analyses have not
been performed and base flood elevations are not shown.
Zone AE: ..... Areas subject to inundation by the 100 -year flood as determined by deta,led
methods with base flood elevations shown within each area.
Zone VE:.... Areas along coastal regions subject to additional hazards associated with storm
wave and tidal action as well as inundation by the 100 -year flood.
Zone X:..... Areas located above the 100 -year flood boundary and having moderate or minimal
flood hazards.
Flood insurance rate map (FIRN1).\ An official map of a community on which is shown both the
&II hazard areas and the risk premium zones applicable to the community.
od insurance study.\ An examination, evaluation and determination of flood hazards and, if
)priate, corresponding water surface elevations, mudslide hazards and /or flood - related erosion
Floodplain.\ A relatively flat or low land area adjoining a river, stream or watercourse which is subject
to partial or complete inundation; an area subject to the unusual and rapid accumulation or runoff of
surface \rater from any source.
Flood -prone area.\ Any land area susceptible to being inundated by water from any source (see
definition of flooding).
Floodproof.\ A construction method designed to ensure that all parts of a structure or facility located
below the base flood elevation are watertight with walls impermeable to the passage of water and with
structural components having the capability of withstanding hydrostatic and hydrodynamic loads and the
effects of buoyancy.
Floodway.\ The channel of a river or other watercourse and the adjacent land areas required to carry
and discharge the 100 -year flood without increasing the water surface elevation of that flood more than
(1) foot at any point.
Floor area.\ The square feet of floor space within the outside lines of walls,
space on all floors of a building. Floor area shall not include porches, garages,
basement or attic.
including the total of all
or unfinished space in a
Floor area ratio (FAR).\ The total floor area of all buildings or structures on a lot divided by the net
developable area of the lot.
Footcandle.\ A unit of measure for illuminance. A unit of illuminance on a surface that is everywhere
one (1) foot from a uniform point source of light of one (1) candle and equal to one (1) lumen per square
foot.
Frontage.\ The linear measurement in feet of the front property line abutting a street.
Functionally dependent use.\ A use which cannot perform its intended purpose unless it is located or
carried out in close proximity to water. The term includes only docking facilities, port facilities that are
necessary for the loading and unloading of cargo or passengers, and ship building and ship repair
faci ities, but does not include long -term storage or related manufacturing facilities.
Garage, private.\ An accessory building which is designed or used for the storage of vehicles owned
and used by the occupants of the building to which it is accessory and which is not operated as a separate
commercial enterprise.
Gazebo.\ A detached, covered freestanding, open -air or screened accessory structure designed for
recreational use only and not for hab�tatjon.
Glare.\ The sensation produced by a bright source within the visual field that is sufficiently brighter
than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual
performance and visibility; blinding light.
Green roof.\ The roof of a building which is partially or completely covered with vegetation and soil or
other growing medium planted over a waterproof membrane.
Habitable floor.\ Any floor usable for living purposes, which includes working, sleeping, eating,
cooking, or recreation, or any combination thereof. A floor used only for storage is not a habitable floor.
Historic landmark/area.\ Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or
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Individually listed on a local inventory of historic places in communities with historic preservation
programs that have been certified and /or as listed in the county's comprehensive plan.
Home garden.\ An accessory use in a residential district for the production of vegetables, fruits and
flowers generally for use or consumption, or both, by the occupants of the premises.
Impervious surface.\ A surface composed of any material that significantly impedes or prevents
natural infiltration of water into the soil. Impervious surfaces may include, but are not limited to, buildings,
roofs, streets, parking areas, and any concrete, asphalt, or compacted gravel surface.
Intelligent siting.\ The practice of building placement which gives high consideration to environmental
spects such as solar orientation, seasonal shading, prevailing winds, etc., in order to allow for increased
energy efficiency.
Junkyard.\ Junkyard shall mean any establishment or place of business which is maintained,
operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an
automobile wrecking yard. For purposes of this definition, 'junk" shall mean old or scrap copper, brass,
rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled, or wrecked automobiles,
or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material. (See also "scrap and
salvage services" in section 3 -700.)
Kiosk.\ A freestanding structure upon which temporary information and /or posters, notices, and
announcements are posted. Commercial transactions do not take place here.
Landscape.\ An expanse of natural scenery or the addition or preservation of lawns supplemented by,
shrubs, trees, plants or other natural and decorative features to land.
Landscape surface ratio (LSR).\ A measure, expressed as a percentage, of the area to be
landscaped on a site determined by dividing the landscaped area of the site by the total project area
LEED certified.\ Leadership in energy and environmental design (LEED) certification program
administered by the U.S. Green Building Council, which requires designers to meet guidelines for energy
efficiency, water conservation, and other environmental practices.
Light trespass.\ Light from an artificial light source that is intruding onto adjacent properties and is a
nuisance.
Livestock.\ Swine, sheep, cattle; poultry or other animals or fowl which are being produced primarily
for food, fiber, or food products for human consumption.
Load ng and unloading area.\ The area on a lot designated for bulk pickup and deliveries of
merchandise and materials d rectly related to the use on said lot.
Lot.\ A parcel of land intended to be separately owned, developed, or otherwise used as a unit,
established by plat, subdivision or as otherwise permitted by law.
Lot, corner.\ A lot abutting on two (2) or more streets at their intersection.
Lot, depth of.\ The shortest horizontal distance between the front and rear lot lines.
Lot, double frontage.\ An interior lot having frontage on two (2) streets.
Lot, flag.\ A lot not fronting on or abutting a public roadway or having limited frontage necessary
for access and where access to the public roadway is essentially limited to a narrow private right -of-
way.
Lot, interior.\ A lot other than a corner lot.
Lot, through.\ A lot having its front and rear yards each abutting on a street.
Lot area.\ The total horizontal area in square feet within the lot lines of a lot excluding designated
future public rights -of -way.
Lot coverage.\ A measure of intensity of land use that represents the portion of a site that is
impervious (i.e., does not absorb water). This portion includes, but is not limited to, all areas covered by
buildings, parked structures, driveways, roads, sidewalks, and any area of concrete or asphalt.
Lot line.\ A line dividing one (1) lot from another lot or from a street or alley.
Lot line, front.\ On an interior lot, the lot line abutting a street or right -of -way; or, on a corner lot,
the shorter lot line abutting a street or right -of -way; or, on a through lot, the lot line abutting the street
or right -of -way providing the primary access to the lot.
Lot line, rear.\ The lot line located opposite the front line.
Lot fine, side.\ Any boundary of a lot, which is not a front lot line or a rear lot line
Lot of record.\ A lot which has been legally recorded in the clerk's office of the Circuit Court of Isle of
Wight County.
Lot v.,idth.\ The horizontal distance between the side lot Ines, measured at the required front setback
line
Low impact development (LID).\ A site design approach to managing stormwater runoff which
emphasizes conservation and use of on -site natural features to protect water quality. This approach
implements small -scale hydrologic controls to replicate the pre - development hydrologic patterns of
watersheds through infiltrating, filtering, storing, evaporating, and detaining runoff close to its source
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Luminary.\ A lighting fixture assembly or source of artificial illumination including, but not limited to,
bulbs, lamps, reflectors, refractors, and housing associated with them.
Manufactured home.\ Manufactured [home) means a structure constructed to federal standards,
transportable in one (1) or more sections, which, in the traveling mode, is eight (8) feet or more in width
nd is forty (40) feet or more in length, or when erected on site, is three hundred twenty (320) or more
square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or
without a permanent "foundation when connected to the required utilities, and includes the plumbing,
heat'ng, a r condition ng, and electrical systems contained therein.
Mean sea level.\ National Geodetic Vertical Datum (NGVD) of 1929, to which all elevations on the
FIRM (flood insurance rate map) and within the flood insurance study are referenced.
Mixed -use structure.\ A building or other structure containing a combination of two (2) or more
different principal uses.
Motor vehicle.\ Any self- propelled vehicle designed primarily for transportation of persons of goods
along public streets or alleys, or other public ways.
Net developable area.\ The land deemed suitable for development within a given area or parcel. It is
calculated by subtracting the sensitive environmental areas within the area or parcel that should be
protected from development and the estimated right -of -way requirements and existing regional
transmission line easements and rights -of -way from the total gross area. The result is the net developable
area, which provides a realistic measure of land holding capacity for an area or parcel in the county. Refer
Ito section 5 -4000, net developable area, for additional information on net developable area.
New construction.\ For the purposes of determining insurance rates, structures for which the "start of
construction" commenced on or after the effective date of an initial FIRM (flood insurance rate map) or
after December 31, 1974, whichever is later, and includes any subsequent improvements to such
structures. For floodplain management purposes, "new construction" means structures for which the "start
of construction" commenced on or after the effective date of a floodplain management regulation adopted
by a community and includes any subsequent improvements to such structures.
Nonconforming activity or use.\ The otherwise legal use of a building or structure or of a tract of land
that does not conform to the use regulations of this ordinance for the d1strict in which it is located, either at
the effective date of this ordinance or as a result of subsequent amendments to the ord .,nance.
Nonconforming building or structure.\ An otherwise legal building or structure that does not conform
with the yard, height, maximum density or other bulk regulations, or is designed or intended for a use that
does not conform to the use regulations, of this ordinance for the district in which it is located, either at the
effective date of this ordinance or as result of subsequent amendments.
F Nonconforming lot.\ An otherwise legally platted lot that does not conform to the minimum area or
width requirements for the district in which it is located either at the effective date of this ordinance or as a
result of subsequent amendments to this ordinance.
Nonconforming site.\ An otherwise legal site for which existing improvements do not conform to the
lot coverage, bufferyard, landscaping, parking and other site requirements set forth in the zoning or
special overlay district in which it is located either at the effective date of this ordinance or as a result of
subsequent amendments to this ordinance.
Office park.\ A large tract of land that has been planned, developed, and operated as an integrated
facility for a number of separate office buildings and supporting ancillary uses with special attention given
to circulation, parking, utility needs, aesthetics, and compatibility.
Official zoning map.\ The map or maps, together with all subsequent amendments thereto, which are
adopted by reference as a part of this ordinance and which delineate the zoning district boundaries.
Open space.\ An area that is intended to provide light and air, and is designed, depending upon the
particular situation, for environmental, scenic or recreational purposes. Open space may include, but need
not be limited to, lawns, decorative plantings, walkways, active and passive recreation areas, playgrounds,
fountains, swimming pools, wooded areas, and watercourses. Open space shall not be deemed to include
structures, di iveways, parking lots or other surfaces designed or intended for vehicular traffic.
Open space, common.\ Open space that is accessible to all occupants of a particular
development and is not restricted to use by occupants of an individual lot or structure.
Open space ratio (OSR).\ A measure, expressed as a percentage of site open space determined by
dividing the gross open space area of a lot, parcel or tract of land by the total area of that lot, parcel or
tract of land.
Parking area aisle.\ That portion of the parking area consisting of lanes providing acces _
spaces.
Parking area, lot or structure.\ An off- street area for parking or loading and unloading, whether
requ red or permitted by this ordinance, including driveways, access ways, aisles, and maneuvering areas,
but not including any public or private street right -of -way.
Parking space.\ A portion of the parking area set aside for the parking of one (1) vehicle.
Patio.\ A level surfaced area, directly adjacent to a principal building, without walls or a roof intended
for outdoor lounging, dining, and the like, which has an average elevation of less than thirty (30) inches
from finished grade.
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Permeable materials.\ A variety of product alternatives to traditional, impervious surface materials
which allow for the infiltration of stormwater through the soil to more naturally reduce runoff volumes and
filter pollutants. Increased infiltration occurs either through the paving material itself, or through void
spaces between individual paving blocks (also called pavers). Materials may include, but are not limited to-
pervious concrete, pervious asphalt, block and concrete modular pavers, and grid pavers.
Permit, building.\ An official document or certification permit that is issued by the building official and
which authorizes the construction, alternation, enlargement, conversion, reconstruction, remode! ;ng,
rehabilitation, erection, demolition, moving or repair of a building or structure. This permit should not be a
substitute for a zon ng perm :t.
Permit, conditional use.\ A permit issued by the county board of supervisors authorizing the operation
of a use under certain conditions and standards.
Permit, special use.\ A permit issued by the county board of supervisors authorizing a use not
otherwise provided for in this ordinance as a permitted or conditional use.
Permit, zoning.\ A permit issued by the zoning administrator that authorizes the recipient to make use
of property in accordance with the requirements of this ordinance.
Phase I archeological study.\ A survey of archaeological resources undertaken in accordance with
the Secretary of the Interior's Standards and Guidelines (48 FR, 44742) as may be amended and the
Guidelines for Conducting Cultural Resource Survey in Virginia prepared by the Virginia Department of
H;storic Resources, as may be amended..
Photometric plan.\ A d agram consisting of lines showing the relative illumination in foot candles from
a light source or g�oup of light sources.
Planning commission \ The Isle of Wight County Planning Commission.
Porch.\ A projection from a main wall or a building which can be covered, with a roof, or uncovered..
The projection may or may not use columns or other ground supports for structural purposes.
Portable on demand storage units.\ Also known as a POD, a large container used for temporary
storage. A POD is hauled to the property, loaded with items, hauled from the property and stored in a
storage yard.
Poultry.\ Domestic fowl normally raised on a farm such as chickens, ducks, geese and turkeys
Preliminary and final site development plan.\ Site development plans prepared by a certified or
licensed engineer, surveyor, architect or landscape architect, that is required for development proposals
outlined in section 7 -2004, preliminary and final site development plan requirements.
Principal building or structure.\ A building or structure in which the primary or main use of the property
on which the building is located is conducted and distinguished from an accessory or secondary building
or structure on the same premises.
Principal use.\ A use which represents the primary or main use of the land or structure which is
distinguished from an accessory use on the same premises.
Proffer.\ A condition voluntarily offered by the applicant and owner for a rezoning that limits or
qualifies how the property in question will be used or developed.
Public water and sewer system \ A water or sewer system owned and operated by a municipality or
county, or owned and operated by a private individual or a corporation approved by the governing body
and properly licensed by the state corporation commission or other applicable agency, and subject to
special regulations as herein set forth.
Public way.\ Any sidewalk, street, alley, highway or other public thoroughfare.
Recreation, active.\ Leisure activities, usually organized and performed with others, often requiring
equipment and constructed facilities, taking place at prescribed places, sites, or fields. The term active
recreation includes, but is not limited to, swimming, tennis, and other court games, baseball and other field
sports, golf and playground activities.
Recreation, passive.\ Recreation that involves existing natural resources and has a minimal impact.
Such recreation does not require development of the site nor any alternation of existing topography. Such
passive recreation shall include, but not be limited to, hiking, picnicking, and bird watching.
Recreational vehicle.\ A vehicle designed to be self - propelled or permanently towable; and not
designed for use as a permanent dwelling but as temporary living quarters for recreational camping
travel, or seasonal use.
Redevelopment.\ The process of using land that contains or previously contained development.
Required open space.\ Any space required in any front, side or rear yard.
Residential plot plan.\ A plan submitted for the construction or location of all new single - family
detached dwellings or two - family dwellings on an existing or platted lot. This plan shall meet the
requirements of section 7 -2002 residential plot plan.
Right -of -way.\ A strip of land occupied or intended to be occupied by a street, crosswalk, rai road,
electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees or
other special use.
Road.\ See "street."
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Sateliite dish antenna.\ See "antenna."
Screening.\ The act of visually shielding or obscuring one (1) abutting or nearby structure or use from
another by fencing, walls, berms, or required planted vegetation.
Screen material.\ Materials that have been outlined in article VIII for the screening of service
structures, equipment, and /or outdoor storage yards.
Seasonal shading \ The practice of using plant material to capitalize on solar energy and light for
hearing and interior lighting purposes. An example would be using deciduous trees near windows to shade
afternoon sun in the summer, but allow afternoon sun for heat and light through in the winter.
Service building.\ A building used to house stationary or movable service equipment and mechanical
equipment for the maintenance and function of onsite machinery.
Setback.\ The required minimum horizontal distance between the building line and the related front,
side, or rear property line. A setback is meant from a street not a driveway.
Setback line.\ A line within a lot parallel to a corresponding lot line, which is the boundary of any
spec'f:ed front, side. or rear yard, or the boundary of any public right -of -way whether acquired in fee,
easement, or otherwise, or a line otherwise established to govern the location of buildings, structures or
uses. Where no minimum front, side, or rear yards are specified, the setback line shall be coterminous
with the corresponding lot line.
Shopping center \ A grouping of architecturally unified and related retail establishments which are
planned, developed, owned, and managed as a single operating unit, and which share interconnected
walkways and parking areas. The establishments contained within a shopping center are related to each
other and the market area served in terms of size, type, location, and market orientation.
Shrub.\ A relatively low growing, woody plant typified by having several permanent stems instead of a
single trunk.
Shrub, deciduous.\ Any shrub which sheds its foliage during a particular season of the year.
Shrub, evergreen.\ Any shrub which retains its foliage throughout the entire year.
Sign.\ Any device, fixture, placard, or structure that uses any color, form, graphic, illumination,
symbol, or writing to advertise, announce the purpose of, call attention to, or identify the purpose of a
person or entity, or to communicate information of any kind to the public.
Sign, animated.\ Any sign that uses movement or change of lighting to depict action or to create
a special effect or scene. This shall not include a variable message sign.
Sign, banner.\ Any sign of lightweight fabric or similar material that is mounted to a pole or a
building by one (1) or more of its edges. National flags, state, or municipal flags, or the official flag of
any institution or business shall not be considered banners.
Sign, beacon.\ Any light with one (1) or more beams directed into the atmosphere or directed at
one (1) or more points not on the same zone lot as the light source; also, any light with one (1) or
more beams that rotate or move.
Sign, billboard.\ An off - premises sign owned by a person, corporation, or other entity that
engages in the business of selling the advertising space on that sign.
Sign, canopy.\ Any sign that is painted on, printed on, part of or otherwise attached to or
displayed on an awning, canopy, or other fabric, plastic, or structural protective cover over a door,
entrance, window, or outdoor service area. No such signs shall project vertically above or below, or
horizontally beyond the physical dimensions of such canopy.
Sign, commercial message.\ Any wording, logo, or other representation that, directly or
indirectly, names, advertises, or calls - attention to a business, product, service, or other commercial
activity.
Sign, directional.\ On- premises signage designed to guide vehicular and /or pedestrian traffic by
issuing words such as "Entrance," 'Exit," ' Parking," "One- Way," or similar instructions, and related
indicator graphics such as arrows, which may include the identification of the building or use but may
not include any advertising or commercial message or logo.
Sign, facade.\ Any sign attached to any part of a building, as contrasted to a freestanding sign,
and projecting no further than six i6) inches from the building wall it is attached to. See also: "sign,
wall."
Sign, f!ag.\ Any fabric or bunting containing distinctive colors, patterns, or symbols, used to
commun cate a message or drawn attention to a development, business, land use, or other similar
entity.
Sign, freestanding.\ A sign that is attached to, erected on, or supported by some structure (such
as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building
or structure whose principal function is something other than the support of a sign.
Sign, internally illuminated.\ A sign where the source of the illumination is inside the sign and
light emanates through the message of the sign, rather than being reflected off the surface of the
sign from an external source. A sign that consists of or contains tubes that (i) are filled with neon or
some other gas that glows when an electric current passes through it and (ii) are intended to form or
constitute all or part of the message of the sign, rather than merely provid ng illumination to other
parts of the sign that contain the message, shall also be considered an internally illuminated sign.
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Sign, marquee.\ A roof-like structure of a permanent nature which projects from the wall of a
bui6ding or its supports and may overhang the public way.
Sign, nonconforming.\ Any sign that does not conform to the requirements of this ordinance.
Sign, off - premises.\ A sign that draws attention to or communicates information about a
business, service, commodity, accommodation, attraction that draws attention to a cause or
advocates or proclaims a political, religious, or other noncommercial message, or other enterprise or
activity that exists or is conducted, sold, offered maintained, or provided at a location other than the
lot on which the sign is located.
Sign, on- premises.\ A sign that draws attention to or communicates information about a
business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or
is conducted, sold, offered, maintained, or provided on the lot where the sign is located.
Sign, pennant.\ Any lightweight plast'c, fabric, or other material, whether or not containing a
message of any kind, suspended from or supported by a rope, wire, or string, usually in series,
designed to move in the wind.
Sign, portable.\ Any sign not permanently attached to the ground or other permanent structure,
or a sign designed to be transported, including but not limited to, signs designed to be transported by
means of wheels, signs converted to "A" or "T" frames; menu and sandwich board signs, balloons
used as signs, umbre las used for advertising, and signs attached to or painted on vehicles parked
and visible from the public right -of -way, unless said vehicle is used in the normal day -to -day
operations of the business; such vehicles shall be packed on,y in a designated parking space..
Sign, projecting.\ A sign other than a facade, canopy, or marquee sign which is wholly or partially
dependent upon a building for support and that projects more than six (6) inches from such building.
Sign, special event.\ A sign for the purpose of c :rcuses, fairs, carnivals, festivals, and other types
of special events that !) run for not longer than two (2) weeks, (ii) are intended or likely to attract
substantial crowds, and (iii) are unlike the customary or usual activities generally associated with the
property where the special event is to be located.
Sign, suspended.\ A sign that is suspended from the underside of a horizontal plane surface and
is supported by such surface.
Sign, temporary \ A sign that is used in connection with a circumstance, situation, or event that is
designed, intended, or expected to take place or to be completed within a reasonably short or definite
period after the erection of such sign; or, is intended to remain on the location where it is erected or
placed. If a sign display area is permanent but the message displayed is subject to periodic changes,
that sign shall not be regarded as temporary.
Sign, wall.\ Any sign attached parallel to, but within six (6) inches of a wall, painted on the wall
surface of, or erected and confined within the limits of an outside wall of any building or structure,
which is supported by such wall or building, and which displays only one (1) sign surface. See also:
"sign, facade."
Sign, window.\ Any sign, pictures, symbol, or combination thereof designed to communicate
information about an activity, business, commodity, event, sale, or service, that is placed inside a
window or door or upon the window panes or glass and is visible from the exterior of the window or
door.
Simplified site plan.\ A plan submitted for a change or expansion of a commercial, civic, office or
industrial use on an existing site and meets the requirements of section 7 -2003.
Site deve opment plan, preliminarylfinal.\ A plan, to scale, showing uses and structures proposed for
a parcel of land as required by the regulations pertaining to site plans in this ordinance. Includes lot lines,
streets, building sites, reserved open space, buildings, major landscape features, both natural and
manmade, and any other requirements outlined by article VII.
Slope.\ The degree of deviation of a surface from the horizontal, usually expressed as a percentage.
Slope shall be measured as the vertical rise or fall to horizontal d;stance of terrain measured
perpendicular to the contour lines at horizontal intervals of more than ten (10) feet.
Solar orientation.\ The practice of using building placement and design to capitalize on solar energy
and light for heating and interior lighting purposes.
Specified anatomical area.\ Such areas include less than completely and opaque covered human
genitals, pubic region, buttocks, female breasts below a point immediately above the top of the areola, and
human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activity.\ Such activity includes human genitals in a state of sexual stimulation or
arousal, an act of human masturbation, sexual intercourse or sodomy, and fondling or other erotic
touching of human genitals, pubic region, buttocks or female breasts.
Start of construction.\ The date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within
one hundred eighty (180) days of the permit date. The actual start means ether the first placement of
permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of
pipes, the construction of columns, or any work beyond the state of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation of streets and /or walkways; nor does it
include excavation for a basement, footings, piers, or foundations or the erection of temporary forms nor
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does it include the installation on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start
of construction means the first alteration on any wall, ceiling, floor, or other structural part of a building,
whether or not the alteration affects the external dimensions of the building.
Storage.\ The keeping, either indoors or outdoors, of equipment, vehicles, or supplies used in the
conduct of a trade, business, or profession.
Stormwater management.\ For quantitative control, a system of vegetative and structural measures
that control the increased volume and rate of surface runoff caused by manmade changes to the land, and
for qualitative control, a system of vegetative, structural, and other measures that reduce or eliminate
pollutants that might otherwise be carried by surface runoff.
Stormwater management practice, nonstructural.\ A stormwater management technique that utilizes
the ecological and environmental aspect of a site or area for the collection, conveyance, channeling,
holding, retaining, detaining, infiltration, diverting, treating or filtering of surface water, and /or runoff.
Stormwater management practice, structural.\ A stormwater management technique that utilizes a
manmade facility and /or apparatus for the collection, conveyance, channeling holding, retaining,
detaining, infiltration, diverting, treating or filtering of surface water, and /or runoff.
Story.\ That portion of a building, other than the basement, included between the surface of any floor
and the surface of the floor next above it. If there is no floor above it, the space between the face and the
ce 1 ng next above it.
49 Story, ha f.\ A space under a sloping roof, which has the I'ne of intersection of roof decking anti wall
not more than three (3) feet above the top floor level, and in which space more than two- thirds (2/3) of the
floor area is finished off for use other than storage.
Street.\ A public or private thoroughfare used, or intended to be used, for passage or travel by motor
vehicles. A street serves three (3) or more lots. The word "street" shall include the words "road ", and
"highway"
Street, arterial.\ A street specifically designed to move high volumes of traffic from collector
streets through the county and not designed to serve abutting lots except indirectly through
intersecting streets. Arterial streets shall include all U.S. Highways, state primaries with one -, two- or
three -digit numbers, and any other street which the subdivision agent determines is functionally
equivalent to these transportation department classifications.
Street, collector.\ A relatively low- speed, low - volume street that provides circulation within and
between neighborhoods. Collector streets usually serve short trips and are intended for collect ng
trips from local streets and distributing them to the arterial network. They also form a secondary
network of cross county connectivity.
Street, public.\ A public street or street with respect to which an offer of dedication has been
made and improvements completed which are consistent with the Isle of Wight County Subdivision
Ordinance and the requirements of the Virginia Department of Transportation or a street or portion
thereof which is included in the state primary or secondary road system.
Structure.\ Anything constructed or erected, the use of which requires permanent location on the
ground, or attachment to something having a permanent location on the ground. Among other things,
structures include buildings, mobile and manufactured homes, walls, fences, signs, piers, and swimming
pools, etc.
Subdivision.\ The division or resubdivision of a lot, tract, or parcel of land by any means into two (2)
or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, transfer of ownership or building or lot development. The
term subdivision shall also mean the following:
1. Any development of a parcel of land which involves installation of sanitary sewers, water mains,
gas mains or pipes, or other appropriate facilit es for the use, whether immediate or future, of
the owners or occupants of the land, or of the building abutting thereon.
2. Any development of a parcel of land involving two (2) or more principal structures or involving
shopping centers, multiple dwelling projects and the I ke which require the installation of streets
and /or alleys, even though the streets and alleys may be not dedicated to public use and the
parcel may be divided for purposes of conveyance transfer or sale.
3. Any development of a parcel of land involving two (2) or more principal structures or involving
shopping centers, multiple dwelling projects and the like which require the installation of streets
and /or alleys, even thought the streets and alleys may not be dedicated to public use and the
parcel may not be dedicated to public use and the parcel may not be divided for purposes of
conveyance, transfer or sale.
4. The term "subdivision" includes resubdivision, and as appropriate in this ordinance, shall refer to
the process of subdividing the land or to the land subdivided.
Substantial damage.\ Damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed fifty percent (50 %) of the market value of
the structure before the damaged occurred.
Substantial improvement.\ Damage of any origin sustained by a structure, the cost of which equals or
exceeds fifty percent (50 %) of the market value of the structure either before the improvement or repair is
started or if the structure has been damaged, and is being restored, before the damage occurred. For the
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purposes of this definition, "substantial improvement" is considered to occur when the first alteration of
any wall, ceil,ng, floor or other structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure. The term does not, however, include either any project for
improvement of a structure to comply with existing state or local health, sanitary or safety code
spec'fications or any alteration of a "historic structure," provided that the alteration will not preclude the
structure's continued designation as a "historic structure."
Tower \ Any structure that is intended for transmitting or receiving television,, radio, telephone, digital,
or other similar communications or is used to support a communication antenna or other similar device.
Tract.\ See "lot."
Traffic impact analysis (TIA).\ An analysis of the effect of traffic generated by a development on the
capacity, operations, and safety of the public street and highway system.
Tree, deciduous.\ Any tree which sheds its foliage during a particular season of the year.
Tree, evergreen.\ Any tree which retains its foliage throughout the entire year.
Tree, heritage.\ Any tree or shrub which has been designated by ordinance of the Isle of Wight
County Board of Supervisors as having notable historic or cultural significance to any site or which has
been so designated in accordance with an ordinance adopted pursuant to Section 15.2 -503 of the Code of
Virginia, as amended.
Tree, mature.\ Any deciduous or evergreen tree with a minimum diameter of fourteen (14) inches
when measured four and one -half (4' /z) feet above ground level.
Tree, significant.\ Any deciduous or evergreen tree with a minimum diameter of twenty -two (22)
inches when measured four and one -half (4'Y2) feet above ground level.
Trip generation.\ The number of trip ends caused, attracted, produced, or otherwise generated by a
specific land use, activity, or development in accordance with the latest edition of the Trip Generation
Manual, published by the Institute of Transportation Engineers.
Use.\ The purpose or activity, for which a piece of land or its buildings is designed, arranged or
intended, or for which it is occupied or maintained.
Use, permitted.\ A use, which may be lawfully established in a particular district or districts, provided it
conforms with all regulations, requirements, and standards of this ordinance.
Utility facility.\ Any above or below ground structure or facility (other than buildings, unless such
buildings are used as storage incidental to the operation of such structures or facilities) owned by a
governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility for any
purpose and used in connection with the production, generation, transmission, delivery, collection, or
storage of water, sewage, electricity, gas oil, or electromagnetic signals.
Variance.\ A waiver of the dimensional and numeric requirements of this ordinance approved by the
board of zoning appeals in accordance with section 1 -1019 of this ordinance.
Video arcade.\ See "commercial indoor amusement" listed under commercial use types.
Vehicle.\ See "motor vehicle."
Vehicle moving area.\ Any area on a site where vehicles park or drive.
Watercourse.\ Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert,
drain, waterway, gully, ravine, or wash, in and including any area adjacent thereto which is subject to
inundation by water.
Wooded area.\ An area of contiguous wooded vegetation where trees are at a density of at least one
(1) six -inch or greater diameter at breast height (DBH) tree per three hundred twenty -five (325) square
feet of land and where the branches and leaves form a contiguous canopy.
Xeriscaping.\ Site design and /or gardening techniques which may include the use of native and /or
drought tolerant plants to create a landscape or environment which does not require any form of
supplemental irrigation after twenty -four (24) months from the time of installation.
Yard.\ An open space on the same lot with a building or structure, unoccupied and unobstructed from
the ground up, except as otherwise permitted in this ordinance.
Yard, corner side.\ A side yard adjoining a public or private street.
Yard, front.\ A yard extending along the full width of the front lot line between the side lot lines
and from the front lot line to the front building line in depth.
Yard, interior side.\ A side yard, which is located immediately adjacent to another lot or to an
alley separating such yard from another lot.
Yard, rear \ A yard extending along the full length of the lot and lying between the rear lot line
and the nearest line of the building. Rear yard depth shall be measured at right angles to the rear line
of the lot.
Yard, side \ A yard lying between the side line of the lot and the nearest line of the building and
extend ng from the front yard to the rear yard, or in the absence of either of such front or rear yards
to the front or rear lot lines. Side yard width shall be measured at right angles to side lines of the lot.
Zero lot line.\ The location of a structure on a lot in such a manner that one (1) of the structure's sides
rest directly on a lot fine.
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Zoning administrator \ The person designated as the official responsible for enforcing and
administering all requirements of the Isle of Wight County Zoning Ordinance, or his duly authorized
designee.
Zoning, base district.\ Those base underlying zoning districts other than special overlay d stncts set
forth in article IV.
Zoning, planned development district.\ Land area of minimum size, as specified by district
regulations, to be planned and developed using a common master zoning plan, and containing one (1 or
more uses and appurtenant common areas.
Zoning, special overlay district.\ A district, which is placed over the existing base zoning and imposes
additional restrictions and includes all those districts listed as special overlay zoning districts in article IV.
Zoning, underlying district.\ See "zoning, base district." (7 -7 -05; 8- 20 -09; 11- 4 -09,)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
\Vight County Board of Supervisors that Appendix B, Zoning, Article III,
Section 3 -8000 (Use Types) of the Isle of \ \'ight County Code be amended
and reenacted as follows:
. 3 -8000. - Miscellaneous use types.
Amateur radio tower.\ A structure on which an antenna is installed for the purpose of transmitting and
receiving amateur radio signals erected and operated by an amateur radio operator licensed by the FCC
4Weral Communications Commission).
Aviation facility, commercial.\ Any area of land or water designated for the landing and take -off of
scheduled aircraft flights, and any appurtenant areas designated, set aside, used or intended for use, for
airport b0d ngs or other airport facilities, rights -o€ -way, approach zones, together with all airport buildings
and facilities.
4RrAviation facility, general.\ Landing fields, aircraft parking and service facilities, and related facilities for
ation, service, fueling, repair, storage, charter, sales, and rental of aircraft, and including activities
d rectly associated with the operation and maintenance of airport facilities and the provision of safety and
security. Aircraft includes helicopters, gyrocopters /planes, powered and nonpowered fixed -wing aircraft,
hang gi ders and paragliding and hot a;r balloons.
Aviation faciiity, private.\ Any area of land used or intended for the landing and taking -off of aircrafts
for personal use of the tenant or owner of the site, not available for public use or commercial operations
Aircraft includes helicopters, gyrocopters /plane, powered and nonpowered fixed -wing aircraft, hang gliders
and paragliding and hot air balloons.
Communication tower.\ A structure on which an antenna or dish is installed for the transmission,
broadcasting or receiving of radio, television, radar, or microwaves, and similar types of devices. Included
under this use type are aviation radio towers, and cei'Li ar phone towers. Excluded are amateur radio
towers, which are described separately.
Hunt club.\ Uses and structures which serve as social organization gathering spots for persons
engaged in hunting and fishing. Dog kennels may be considered an accessory use.
Parking facility, surface /structure.\ Use of a site for surface parking unrelated to a specific use or a
parking structure which provides parking spaces together with driveways, aisles, turning and maneuvering
areas, incorporated landscaped areas, and similar features meeting the requirements established by th's
ordnance. This use type shall not include parking facilities accessory to a permitted principal use.
Reconstructed wetland.\ A wetland constructed in a designated area which has not previously been a
wetland and is isolated from existing wetlands to replace a wetland destroyed by human activity as
required by a state or federal governmental authority.
Shooting range, outdoor.\ The use of land for archery and the discharging of firearms for the
purposes of target practice, skeet and trap shooting, mock war games, or temporary competitions, such
as a turkey shoot. Excluded from this use type shall be general hunting, and unstructured and
nonrecurring discharging of firearms on private property with the property owner's permission. (7 -7 -05 )
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
\Fight County Board of Supervisors that Appendix B, Zoning, Article IV,
Section 4 -2003 (RAC/ Conditional Uses), Section 4 -3003 (RR /Conditional
Uses), Section 4 -4003 (VC /Conditional Uses), and Section 4 -5003
(NC /Conditional Uses) of the Isle of Wight County Code be amended and
reenacted as follows:
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Part 2. - Rural Agricultural Conservation (RAC) District.
Sec 4 -2001 - General description
Sec. 4 -2002 - Permitted uses.
Sec. 4 -2003. - Conditional uses.
Sec. 4 -2004. - Required zoning.
Sec 4 -2005 - Lot size requirements.
Sec. 4 -2006. - Bulk regulations.
Sec. 4 -2007. - Additional regulations.
Sec. 4 -2001. - General description.
This district is intended to preserve and protect areas of Isle of Wight County that are presently,
predominantly in agricultural use and maintain the land base necessary to support agricultural activity.
This district is designed to protect the agricultural industry from sprawling residential development that
displaces substantial areas of agricultural land for a small number of dwelling units. Nonfarm residents
should recognize that they are located in a rural agriciltural environment where the right to farm has been
established as county policy (7 -7 -05, 11- 15 -07.)
Sec. 4 -2002. - Permitted uses.
The following uses are permitted by right subject to all other applicable requirements contained in this
ordinance. An asterisk ( *) indicates additional, modified or more stringent standards which are listed in
section 5 -5000, supplementary use regulations, for those specific uses.
A. Agricultural uses
* Agriculture
• Agricultural farming opera +ion
• Grain dryer and related structures
• Fert'1zer storage
• Assembly and repa'r of fa,m equipment
• Accessory petroleum storage
• Livestock operation
• Agricultural service towers and antennas
Aquaculture
* Commercial feedlot
Farmer's market
Farm w ;nery
* Forestry operation
• Forestry, silvicultural
Greenhouse, private
Lawn and garden services
* Livestock auction market
In °'unction with residence
Not in conjunction with a residence
* Stable, private
Wayside stand
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B. Residential uses.
Accessory apartment
Residential accessory apartment
)welling, single- family
Family day care home
;roue home
• Guest house
• Home occupation, Type I
• Home occupation, Type II
• Kennel, private
• Manufactured home, Class A
• Manufactured home, Class B
• Manufactured home, family member residence
• Temporary emergency housing
C. Civic uses:
• Cemetery
• Private
Public safety service
• Utility service /minor
D. Commercial uses:
• Construction office, temporary
E. Miscellaneous uses:
• Amateur radio tower
(7 -7 -05, 11- 15 -07, Oid. No 2011 -11 -C, 7 -7 -11 }
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:
• Dwe'ling, two- family
• Manufactured home, temporary residence
C. Civic uses:
• Adult care center
Assisted living facility
Cemetery
•
Animal
• Chu,ch
• Public
* Child care institution
* Child care center
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Club
* Community center
Correctional facility
Educational facility, co'lege /un,versity
* Educational faculty, pr ;mazy /secondary
Halfway house
Park and ride facility
Post office
Public assembly
• Public maintenance and service fac -ty
• Public park and recrea'ional area
• Religious assembly
• Utility service /major
D. Office uses:
Medical office
E. Commercial uses:
* Ag,icultural service
• Commercial assembly and repair
• Farm and forestry implement storage sales, and service
Antique shop
Bed and breakfast
Business or trade school
• Campground
• Commercial indoor sports and recreation
• Commercial outdoor entertainment/sports and recreation
• Commercial outdoor swimm ng pool and tennis facil ty
• Contractor office and storage facility
• Crematorium
Equ pment 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
* Construct on yard
Convenience center
* Landfii, industrial
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' Landfill rubble
Landfill, sanitary
* Resource extraction
* Scrap and salvage service
Transfer station
Warehousing and distribution
G. Miscellaneous uses:
• Aviation facility, commercial
• Aviation facility, general
• Aviation facility, private
• Communication tower
Hunt club
• Reconstructed wetland
• Shooting range, outdoor
(7- 7 -05.. 11 -15 -07 Ord No 2012 -10 -C 10 -18 -12
Sec. 4 -2004. - Required zoning.
All proposed residential subdivisions on properties zoned RAC, other than those expressly exempted
in the Isle of W gnt County Subdivision Ordinance, sham require rezoning to one (1) of the following zoning
classifications prior to final approval of the subdivision plat by the subdivision agent: Rural Residential
(RR), Suburban Estate (SE), Suburban Residential (SR), Urban Residential (UR), Village Center (VC),
Planned Development Residential (PD -R), Planned Development Manufactured Home (PD -MH), Planned
Development Mixed Use (PD -MX).
A. Clusteringtsliding scale "by- right` provisions for single - family residential development in the
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 one hundred (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 -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 Agricuaural Conservation (RAC) District.
dition to the base density permitted above and the minimum area, width and frontage of the
rlying zoning district, the following standards shall be met:
All residential lots created through the act of subdivision shall be contiguously grouped and
served by one (1) point of access to county roads and shall comply with section 4 -4 -1
(streets) of the Isle of Wight County Subdivision Ord nance.
Residential structures in the subdivision shall be located at least one hundred (100) feet
from the existing county road right -of -way and screened from the right -of -way by an existing
or planted landscaped buffer.
An residential structures should be set back at least one hundred (100) feet from all active
farm operations.
A central water supply system shall be provided to serve the subdivisions with over fourteen
(14) lots.
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.
Lots shall be located to preserve seventy (70) percent of the original tract size in order to
maximize continued use of the residual parcel for agricultural and silvicultural purposes
No lot shall be designed, approved or employed for the use in which an area more than
thirty (30) percent of the prescribed minimum lot area is comprised of one (1) 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
pnd maintain environmentally sensitive areas.
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• 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.
• 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 shad be sufficient reason for the agent to deny applications for open space
development plan approved or required modifications that may include loss of lots.
• Recreational areas shall not abut 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.
• 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.
• Full 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 ind :�cating 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.
• With approval of the planning commission, common open space within a cluster
subdivision may be held by other than a property owners' association for agricultural uses
including farmland, pasture, horticulture, recreational use, historic preservation, forests,
wildlife reservations and conservation areas or other similar use.
• Family member subdivisions shall be prohibited.
• Manufactured homes, Class A and B and residential accessory apartments require a
conditional use permit.
In determining the overall tract size provision, staff shall base the number of lots permitted on
the following, listed in order from least to most binding:
1. On the parcel shown on the latest county tax maps with the acreage indicated in the real
estate records of the commissioner of revenue's office, excluding street or road rights -of-
way.
2
On documents of record in the office of the clerk of the court, which shall take precedence
over the tax map information.
On a new or modern survey of the property by a licensed surveyor. (7 -7 -05, 11 -15 -07 )
Sec. 4 -2005. - Lot size requirements.
A. M n,mum lot area: Forty thousand (40,000) square feet.
B. M nimum lot width (measured at the set back line): One hundred fifty (1501 feet.
C M nimum lot frontage (measured at property front): One hundred twenty (1201 feet.
D. M nimum frontage on a cul-de-sac: Seventy -five (75) feet. (7 -7 -05; 11- 15 -07.!
Sec. 4 -2006. - Bulk regulations.
A. Maximum building height:
All buildings: Thirty -five (35) feet or three (3) stories, whichever is lesser.
B Minimum front yard setback:
1. Where right -of -way is > fifty (50) feet, the minimum front yard setback is sixty (60) feet from
property line.
2. Where right -of -way is < fifty (50) feet, the minimum front yard setback is eighty -five (85) feet
from center line of road.
C. M nimum side yard setback:
1. Principle structures: Twenty -five (25) feet (one side); fifty (50) feet (both sides)
2. Accessory structures: Twenty -five (25) feet (see supplementary density and dimensional
requirements, #1, accessory building requirements)
D Minimum rear yard setback:
1 Principle structures: Fifty (50) feet.
2. Accessory structures: Five (5) feet.
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(7 -7 -05 11 -15 -07 )
Sec. 4 -2007. - additional regulations.
A. Refer to section 5 -2000, for supplementary density and dimensional requirements, section 5 -3000,
for restrictions adjacent to airports, and section 5 -4000 for standards for net developable
requirements.
B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay
(HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport Development
Service Overlay (NDSO) District.
C. Refer to article VII for general design guidelines and development review procedures.
D Refer to article VIII for landscaping and open space standards.
E. Refer to article IX for sign standards.
F. Refer to article X for vehicle parking facilities requirements.
G. Refer to article X1 for outdoor lighting requirements and restrictions_ (7 -7 -05; 11- 15 -07.)
Part 3. - Rural Residential (RR) District.
Sec 4 -3001 - General description.
Sec 4 -3002 - Permuted uses.
Sec 4 -3001 - Conditional uses.
Sec. 4 -3004. - Sliding sca e development in the Rurai Residential (RR) District.
Sec 4 -3005. - Densty bonus for cluster development in the Rural Residential (RR) District.
Sec 4- 3006. - Lot size requirements.
Sec. 4 -3007 - Bulk regulations for lots recorded after July 1 1997.
Sec. 4 -3008. - Bulk regulations for lots recorded before July 1. 1997.
Sec 4 -3009 - Additional regulations.
See. 4 -3001. - General description.
This district is intended to provide for limited and low- density residential development within the Rural
Agricultural Conservation (RAG) as designated in the comprehensive plan, while being protective of the
county's rural character and preserving open space and productive farm and timberlands. In accordance
with the comprehensive plan, residential development in the RR district will utilize either of two (2) options
in designing residential subdivisions: density bonus for cluster development or sliding scale development.
In addition, residential development that occurs in these areas is encouraged to locate in the woodland
areas and the least productive agricultural land where the conflicts between the residential uses and the
farm uses can be minimized. (7- 7 -05.)
Sec. 4 -3002. - Permitted uses.
The following uses are permitted by right subject to all other applicable requirements contained in this
ordinance. An asterisk ( *) indicates ad6tional, 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
• * Livestock operation
Forestry operation
• Forestry, silvicultural
Greenhouse, private
• Stable, private
• Wayside stand
B Residential uses:
* Accessory apartment
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• Residential accessory apartment
Dwelling, sing e- family
* Family day care home
Group home
• Guest house
• Home occupation, Type I
• Home occupation, Type II
• Kennel, private
• Manufactired home, Glass A
• Temporary emergency residence
C. Civic uses:
• Utility service /minor
D. Commercial uses:
• Construction office, temporary
Neal estate office temporary
E. Miscellaneous uses:
Amateur radio tower
(7 -7 -05 )
Sec. 4 -3003. - Conditional uses.
The following uses are allowed only by conditional use permit pursuant to section 1-
(*) ind "cating add tional, modified or more stringent standards which are listed in
supp�ementary use regulations, for those specific uses.
A. Agricultural uses:
Agriculture
• Farm employee housing
• Forestry operation
• Timbering
able, commercial
• I conjunction with residence
B. Residential uses.
Community recreation
* Dwelling, two - family
C Civic uses:
* Cemetery
• An mal
• Church
• Private
• Public
• Ch .d care center
Club
Cultural service
Halfway house
29
* Public park and recreational area
Public safety service
• Religious assembly
• Utility service /major
D. Office uses.
Medical office
E. Commercial uses:
* Bed and breakfast
Boarding house
• Golf course
• Marina
F. M scellaneous uses:
* Aviation facility, private
* Reconstructed wetland
(7 -7 -05 )
Sec. 4 -3004. - Sliding scale development in the Rural Residential (RR) District.
A. Under the sliding scale development provision, a tract of land twenty (20) acres in size may be
allowed one (1) division. One (1) additional lot or dwelling unit will be permitted for every additiona
forty (40) acres encompassed by the overall tract. For example, a one - hundred -acre tract will yielc
four (4) lots. Minimum permissible lot sizes shall be encouraged so as not to allow subdivisior
development which is land consumptive; however, each lot must meet the minimum lot requirement,<
for the Rural Residential (RR) District.
1
C
In addition to the base density permitted above, the following standards shall be met:
The maximum lot size for any new lot created shall be ten (10) acres, unless otherwssE
approved by the board of supervisors or required by the county health department.
2. Lots shall be located to maximize continued use of the residual parcel for agricultural and
silvicultural purposes.
3. Unless otherwise approved by the board of supervisors, the first two (2) lots shall be located on
private shared driveways that serve no more than two (2) residences, with no frontage on the
public road.
In determining the overall tract size provision, staff shall base the number of lots permitted on the
following, listed in order from least to most binding
1 On the parcel shown on the latest county tax maps with the acreage indicated in the real estate
records of the commissioner of revenue's office, excluding street or road rights -of -way.
2. On documents of record in the office of the clerk of the court, which shall take precedent over
the tax map information.
3. On a new or modern survey of the property by a licensed surveyor.
(7 -7 -05 )
*Sec. 4 -3005. - Density bonus for cluster development in the Rural Residential (RR)
41W
A. General description ..... Cluster development in the Rural Residential (RR) District is encouraged to
protect rural character and to preserve open space and productive farm and timber lands while
permitting limited development in rural areas of the county. It is intended to encourage innovative and
creative design of residential development; to preserve agricultural lands and enhance the rural
atmosphere and visual character of the county, and, to encourage a more efficient use of land and
services in order to reduce construction costs, reflect changes in the technology of land development
and minimize maintenance costs of service delivery and utility systems.
Applicability...... The following provisions establish minimum performance standards associated with
three (3) optional density increases which may be exercised by landowners in the RR District at the
time of rezoning of the property.
30
The density options available shall be one (1) dwelling unit per ten (10) acres, but may be increased to
one (1) dwelling unit per eight (8) acres or one (1) dwelling per five (5) acres, if certain development
standards are met as conditions of density increase. These development standards are outlined in
subsection D.
C.
U
General standards...... The following general standards shall apply to all cluster developments in the
RR District:
1 The applicant shall have legal or equitable title to the property or shall otherwise have a legally
documented financial interest in the real property, which is the subject of the application.
2. The proposed development shall contain a minimum of twenty (20) contiguous acres located
within the RR District.
All lots created through the act of subdivision shall be served by no more than, one (1) point of
access to an existing public road. The internal street serving the subdivision shall be constructed
in accordance with the applicable minimum standards of and dedicated to the Virginia
Department of Transportation.
4 In no case shall residential structures be located within one hundred (100) feet of an existing
public road right -of -way. Fifty (50) feet of the one- hundred -foot bufferyard between the lots and
the public road right -of -way shall be landscaped to maintain or enhance the rural image or left in
a natural setting, as prescribed in section 8 -1004
5. Dedication of additional public road right -of -way adjacent to an existing public road for future
widening when the highway level of service in the area necessitates widening shall be a
cond,tion of development at each of the three (3) optional densities contained in subsection B. of
fl- is section.
Density options.
The base density of one (1) dwelling unit per ten (10) acres may be permitted provided:
a. Clustering at a density of one (1) dwelling unit per ten (10) acres so that no more than fifty
percent (50 %) of the total base site area is to be included in the subdivision, including lots,
road right -of -way, and other required public improvements.
b. Fifty percent (50 %) of the site shall be permanently established in open space including
farm or forest use and restricted from further development.
The minimum lot shall be forty thousand (40,000) square feet and the maximum lot size
shall be five (5) acres, provided the health department standards for use of on -site septic
systems are met.
The base density may be increased to one (1) dwelling unit per eight (8) acres if the following
conditions are met:
Clustering at a density of one (1) dwelling unit per eight (8) acres so that no more than forty
percent (40 %) of the base site area is included in the subdivision, including lots, road rights -
of -way and other required public improvements.
Sixty percent (60 %) of the site shall be permanently established in open space including
farm or forest use and is restricted from further development.
The minimum lot size shall be forty thousand (40,000) square feet and the maximum lot
size shall be three and one -half (3.5) acres in size, provided the health department
standards for on -site septic systems are met.
The base density may be increased to one (1) dwelling unit per five (5) acres provided.
a. Clustering at a density of one (1) dwelling unit per five (5) acres so that no more than thirty
percent (30 %) of the base site area is to be included in the subdivision, including lots,
rights -of -way and other requ'red public improvements.
b. Seventy percent (70 %) of the site shall remain in open space includ"ng farm or forest use
and restricted from further development.
c. The minimum lot size shall be forty thousand (40,000) square feet and the maximum lot
size shall be one and one -half (1.5) acres, provided the health department standards for
on -site septic systems are met.
Open space requirements...... Regardless of which of the three (3) density options is exercised, the
following standards shall apply to any open space which may be included within and made part of the
cluster development and so designated on the subdivision plat:
All open spaces shall be preserved for their intended purpose.
There shall be established a nonprofit association, corporation, trust or foundation of all
individuals or corporations owning the residential property within the development to insure the
satisfactory maintenance of any required open space.
When the development is to
nonprofit corporation, trust
requ,remer,ts.
administer open space or other facilities through an association,
,r foundation, said organization shall conform to the following
3I
a. The property owner or developer must establish the organization prior to the sale of any lots
within the subdivision.
b. Membership in the organization shall be mandatory for all residential property owners,
present or future, within the s ibdivision.
c. The organization shall manage all common and open spaces, and recreational and cultural
facilities, shall provide for the maintenance, administration and operation of said Land and
improvements and any other land within the development and shall secure adequate
liability insurance on the land.
d. The organization shall conform to the Property Owners Association Act, Code of Virginia,
effective July 1, 2004, as amended, and /or to any other laws and regulations of the
Commonwealth of Virginia as may be applicable.
The foregoing standards for open space shall not apply to any residue acreage of the parent tract of
land which is not included as part of the cluster development as lots or the required open space. (7 -7 -05
Sec. 4 -3006. - Lot size requirements.
A. Minimum lot area: Forty thousand (40,000) square feet.
B. Minimum lot width: One hundred fifty (150) feet.
C. Min mum lot frontage: One hundred twenty (120) feet.
(1) Minimum frontage on cul -de -sac: Seventy -five (75) feet.
(2) Maximum lot size: Ten (10) acres.
D. No lot shall be designed, approved or employed for use in which an area more than thirty percent
(30 %) of the required minimum lot area is comprised of one or more of the environmentally sensitive
areas cited in subsections 5- 4000.C.1.a through f. (7- 7 -05.)
Sec. 4 -3007. - Bulk regulations for lots recorded after July 1, 1997.
A. Maximum building height:
1 All buildings thirty -five (35) feet or three (3) stories, whichever is lesser.
B. Minimum front yard setback:
1. Where right -of -way is > fifty (50) feet, the minimum front yard setback is sixty (60) feet from
property line.
2. Where right -of -way is < fifty (50) feet, the minimum front yard setback is eighty -five (85) feet
from center line of road.
C. M "n mum side yard setback:
1 Principle structures: Twenty -five (25) feet.
2 Accessory structures: Twenty -five (25) feet (see supplementary density and dimensional
requirements, #1, accessory bu'ld ng req.rrements).
D. M n mum rear yard setback:
1 Principle structures: Fifty (50) feet.
2. Accessory structures: Five (5) feet. (7- 7 -05.)
Sec. 4 -3008. - Bulk regulations for lots recorded before July 1, 1997.
A. Maximum building height:
1. All buildings: Thirty -five (35) feet or three (3) stories, whichever is lesser.
B Minimum front yard setback:
1 Where right -of -way is > fifty (50) feet, the minimum front yard setback is sixty (60) feet from
property line.
2. Where right -of -way is < fifty (50) feet, the minimum front yard setback is eighty -five (85) feet
from center line of road.
C Minimum side yard setback:
1. Principle structures: Fifteen (15) feet (one (1) side) /thirty -five (35) feet (both sides)
D. Minimum rear yard setback:
1 Principle structures Thirty -five (35) feet. (7- 7 -05.)
0
Sec. 4 -3009. - Additional regulations.
A. Refer to section 5 -2000, for supplementary density and dimensional requirements, section 5 -3000,
for restrictions adjacent to airports, and section 5 -4000 for standards for net developable
requirements.
B. Refer to article VI for regulations with the H'storic Overlay (HOi District, Kghway Corridor Overlay
(HCO) District, Flood Plain Management Overlay (FPP „10) District, and the Newport Development
Service Overlay (NDSO) District.
C. Refer to article VII for general design guidelines and development review procedures.
D Refer to article VII I for landscaping and open space standards.
E. Refer to article IX for sign standards.
F Refer to article X for vehicle parking faci,�ties requirements.
G. Refer to article XI for outdoor lighting requirements and restrictions. (7- 7 -05.)
Part 4. - Village Center (VC) District.
Sec. 4 -4001 - General description.
Sec. 4 -4002. - Permitted uses.
Sec. 4 -4003. - Conditional uses.
Sec 4 -4004. - Lot size requirements.
Sec. 4 -4005. - Bulk regulations.
Sec. 4 -4006. - Additional regulations.
Sec. 4 -4001. - General description.
A The intent of this district is to provide for low to medium density residential development in those
areas of the county which are identified as "village centers” in the Isle of Wight County
Comprehensive Plan where the pattern of development has previously been established. These
areas may not currently have public water and sewer and other public facilities available or planned
for in the immediate future.
B. The V rage Center District has been established herein to assist in the fulfillment of the hous,ng,
publ�c services and land use prcvisions of the comprehensive plan. It is the intent of this district,
consistent with the plan, to prow de for and preserve the character of these existing unincorporated
population centers in the county, and to promote the configuration of new development into
reasonable and effective service areas for the proper and efficient provision of water, sewerage, fire
and police protection, and other public services.
C. In general, it is intended that the VC District shall be used to preserve the character of these existing
unincorporated rural population centers which have basically a single - family residential character but
which also contain certain types of commercial or light industrial activities to serve primarily a local
rural population. In addition, however, it is the intent that such zones may be used for lands where the
creation of a new population center or centers would be appropriate and where such new center or
centers would be consistent with the provisions of the comprehensive plan.
D. The Village Centers identified in the comprehensive plan are as follows-
Battery Park
Carrsville
Central Hill
Isle of Wight Courthouse
Orbit
Rescue
Rushmere
Walters
Wills Corner
Zuni
7 -7 -05 )
33
A
Sec. 4- 4002. - Permitted uses.
The following uses are permitted by right subject to all other applicable requirements contained in this
ordinance. An asterisk ( *) indicates additional, modified or more stringent standards which are listed in
section 5 -5000, use and design standards, for those specific uses.
A. Agricultural uses:
Ag,icu tine
• Agricultural farming operation
Farmer's market
Forestry operation
• Forestry, silvicultural
Greenhouse, private
Wayside stand
B. Residential uses:
Dwelling, single- family
* Family day care home
Group home
• Home occupation, Type I
• Home occupation, Type II
* Temporary emergency housing
C. Civic uses:
Administrative service
* Community center
Post office
• Utility service /minor
D. Commercial uses
• Construction office, temporary
Real estate office, temporary
E Miscellaneous uses
* Amateur radio tower
(7 -7 -05 )
Sec. 4 -4003. - Conditional uses.
The following uses are allowed only by conditional use permit
( *) indicates additional, modified or more stringent standardE
supplementary use regulations, for those specific uses.
A. Agricultural uses:
Agriculture
• Grain dryer and related structures
• Fertilizer storage
Assembly and repair of farm equipment
• Livestock operation
• Agricultural service towers and antennas
Aquaculture
* Commercial feedlot
34
• Farm employee housing
* Forestry operation
• Timbering
* Livestock auction market
* Stable, commercial
• In conjunction with residence
• Not in conjunction with residence
• Stable, private
B. Residential uses:
• Accessory apartment
• Residential accessory apartment
• Commercial accessory apartment
• Dwelling, multifamily conversion
• Dwelling, two- family
• Manufactured home, Class A
C. Civic uses:
• Adult care center
Assisted living facility
* Cemetery
• Animal
• Church
• Private
• Public
* Child care center
Club
Cultural service
* Educational facility, primary /secondary
Halfway house
Park and ride facility
* Public maintenance and service facility
Public park and recreational area
Public safety service
• Religious assembly
• Utility service /major
D. Office uses:
Financial institution
General office
Medical office
E. Commercial uses:
Agricultural service
• Farm supplies, equipment sales and service
35
F
• Commercial assembly and repair of all equipment norma'iy used in agricu'tural, silvicultural, and
horticultural operation
• Farm and forestry implement storage, sales and service
* Antique shop
Auction estabi shment
* Bed and breakfast
Boarding house
Car wash
Commercial indoor amusement
Commercial indoor entertainment
• Commercial indoor sports and recreation
• Commercial outdoor swimming pool and tennis court
• Convenience store
• Flea market
• Funeral home
• Garden center
• Gasoline station
• Golf course
• Golf driving range
• Marina
Medical clinic
Motor vehicle parts /sLypply retail
Pvlotor vehicle repair service /major
Motor vehicle repair service /minor
Personal improvement service
Personal service
Restaurant, drive -in fast food
Restaui ant, general
Retail sales
Stud'o, f'ne arts
Taxidermy
Veterinary hospital /clinic
F. Industrial uses:
* Construction yard
Convenience center
Custom manufacturing
G. Miscellaneous uses:
* Communication tower
Hunt club
* Reconstructed wetland
36
(Ord No 2011 -11 -C 7 -7 -11 )
Sec. 4 -4004. - Lot size requirements.
A. Minimum lot area:
1 With private sewer and water: Thirty thousand (30,000) feet.
2. With public sewer or water: Twenty thousand (20,000) feet.
3. With public sewer and water: Fifteen thousand (15,000) feet.
B. Minimum lot width:
1. With private sewer and water: One hundred twenty -five (125) feet.
2. With public sewer or water: One hundred twenty -five (125) feet.
3. With public sewer and water, One hundred (100) feet.
C. Minimum lot frontage:
1 With private sewer and water: One hundred (100) feet.
2. With public sewer or water: One hundred (100) feet.
3. With public sewer and water: Eighty (80) feet.
4 Minimum frontage on a cul -de -sac: No less than fifty percent (50 %) of mi -Iimum lot width of
district. (7- 7 -05.)
Sec. 4 -4005. - Bulk regulations.
A. Maximum building height:
1. All buildings: Thirty -five (35) feet or three (3) stories, whichever is lesser.
2. Public or semipublic buildings such as schools, churches, libraries, or government buildings
be allowed up to sixty (60) feet, provided that the scale, massing, and building design are s
to be compatible with the existing neighborhood and general intent of the district.
B. Maximum density:
1 Conventional single - family subdivision: Two (2) dwelling units per acre
2 Floor area ratio for nonresidential: One- fourth (25) square foot per foot of net developable
C. Minimum front yard setback:
1. Where rights -of -way is > fifty (50) feet, the minimum front yard setback is thirty (30) feet
property line.
2. Where rights -of -way is < fifty (50) feet, the minimum front yard setback is fifty -five (55) feet
centerline of road.
D. MIn mum side yard setback:
1 One (1) side: Fifteen (15) feet.
2. Both sides: Th'rty (30) feet.
E. Minimum rear yard setback: ..... Thirty (30) feet. (7 -7 -05; 8- 21 -08; 12- 18 -08.)
Sec. 4 -4006. - Additional regulations.
A.
B.
C.
D.
Refer to section 5 -2000, for supplementary density and dimensional requirements, section 5
for restrictions adjacent to airports, and section 5 -4000 for standards for net develot G�
requirements.
Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay
(HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport Development
Service Overlay (NDSO) District.
Refer to article VII for general design guidelines and development review procedures
Refer to article VIII for landscaping and open space standards.
E. Refer to article IX for sign standards.
F. Refer to article X for vehicle parking requirements.
G. Refer to article XI for outdoor lighting requirements and restrictions. (7- 7 -05.)
Part 5. - Neighborhood Conservation (NC) District.
Sec. 4 -5001 - Genera+ description.
}7
Sec. 4 -5002. - Permitted uses.
Sec. 4 -5005. - Bulk regulations.
Sec, 006. - Additional regqulations.
Sec. 4 -5001. - General description.
This district is intended to preserve the character of existing neighborhoods and developments in
existence at the time of adoption of this ordinance. It is designed to prevent these neighborhoods and
subdivisions, consisting of different lot sizes, from becoming nonconforming under the terms of this
ordinance. Such neighborhoods are relatively uniform in character and stable. These regulations permit
future development consistent with existing character. Areas, identified as having a stable and fixed
character, will be allowed to continue to exist and develop under the general regulations governing their
design and construction or under the actual plat previously approved.
This district is not intended for nor shall be used to establish new lots that are not already platted or
approved through conditional zoning. (7-7-05.)
Sec. 4 -5002. - Permitted uses.
The following uses are permitted by right subject to all other applicable requirements contained in this
ordinance. An asterisk ( *) indicates add,tional, modified or more stringent standards which are listed in
section 5 -5000, supplementary use regulations, for those spec ti;; uses.
A. Agricultural uses:
Forestry operation
• Forestry, silviculturai
Dwell ng, single - family
* Family day care home
* Home occupation, Type I
+Temporary emergency housing
Utility service /minor
Construction office, temporary
Real estate office, temporary
Sec. 4 -5003. - Conditional uses.
The following uses are allowed only by conditional use permit pursuant to section 1 -1017. An asterisk
s*) indicates additional, modified or more stringent standards which are listed in section 5- 5000,
upplementary use regulations, for those speciric uses.
F A. Agricultural uses:
Agriculture
0 • Livestock operation
Greenhouse, private
* Stable, private
B Residential uses:
M
.J...,,,. ,y, „w,..,..,,, I ,JF
*Dwelling two - family
• Guest house
• Home occupation, Type II
• Mult "family dwelling
&t.nhouse
C. Civic uses.
Cemetery
• Animal
• Church
ovate
• Public
Child care center
Club
Cultural service
alfway house
* Publc park and recreational area
PL-bl c safety service
Lifty ligious assembly
service/major
D Commercial uses:
Commercial outdoor swimming pool and tennis facility
Golf course
* Golf driving range
Marina
E Miscellaneous uses:
" Communication tower
Reconstructed wetland
(7 -7 -05 )
Sec. 4 -5004. - Lot size requirements.
A. Minimum lot area:
1 With private sewer and water: Twenty thousand (20,000) square feet.
2. With public sewer or water: Fifteen thousand (15,000) square feet.
B. Minimum lot width:..... One hundred (100) feet.
C. imum lot frontage:..... One hundred (100) feet.
imum frontage on a cul -de- sac:..... Fifty (50) feet. (7- 7 -05.)
39
4 -5005. - Bulk regulations.
I
Maximum building height:
1 All buildings Thirty -five (35) feet or three (3) stories, whichever is lesser.
Maximum density:
1 Conventional single - family subdivision: Two (2) dwelling units per acre.
2 Floor area ratio for nonresidential One- fourth (.25) square foot per foot of net development
area.
M'n'mum front yard setback:
1 Lots with less than one hundred fifty (150) feet of width:
a. Where rights -of -way is fifty (50) feet or greater, the minimum front yard setback is thirty -five
(35) feet from property line.
b. Where rights -of -way is less than fifty (50) feet, the minimum front yard setback is sixty (60)
feet from centerline of road.
2. Lots one hundred fifty (150) feet or greater of width:
a. Where rights -of -way is fifty (50) feet or greater, the minimum front yard setback is sixty (60)
feet from property line.
b. Where rights -of -way is less than fifty (50) feet, the minimum front yard setback is eighty -five
(85) feet from centerline of road.
3. In the case that there are existing lots of record in a subdivision having a width that would
require a front setback to be lesser or greater than the other lots within the subdivision, the
setback met by the majority of the lots shall be required.
D. Minimum side yard setback:
1 Lots with one hundred (100) feet or greater of width:
One (1) s de: Fifteen (15) feet.
sides: Thirty -five (35) feet.
2. Lots with less than one hundred (100) feet of width:
One (1) side: Ten (10) feet.
Both sides: Twenty (20) feet.
E. M nimum rear yard setback:
1 pts with one hundred (100) feet or greater of width: Thirty -five (35) feet.
2 Lots with less than one hundred (100) feet of width: Twenty -five (25) feet. (7- 7 -05.)
Sec. 4 -5006. -Additional regulations.
A. Refer to section 5 -2000, for supplementary density and dimensional requirements, section 5- 3000,
for restrictions adjacent to airports, and section 5 -4000 for standards for net developable
requirements.
B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay
(HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport Development
Service Overlay (NDSO) District.
C. Refer to article VII for general design guidelines and development review procedures.
D. Refer to article VIII for landscaping and open space standards.
E. Refer to article IX for sign standards.
F. Refer to article X for vehicle parking facilities requ*rements.
G. Refer to article XI for outdoor lighting requirements and restrictions.
(7- 7 -05.)
NOW, THEREFORE, BE IT FL'RTFIER ORDAINED by the Isle of
'p'l'ight County Board of Supervisors that Appendix B, Zoning, Article V,
Section 5- 5007.A (Miscellaneous Use Types) of the Isle of Wight County
Code be amended and reenacted as follows:
.N
Sec. 5 -5007. - Supplementary use regulations for miscellaneous use
types.
A. Reserved.
B. Amateur radio tower.
1. The maximum height allowed shall be no greater than two
hundred (200) feet pursuant to Section 15.2 - 2293.1 of the Code of
Virginia.
2. The following setback requirements shall apply to all towers
and antennas:
a. The tower must be set back from any off -site residential
structure no less than the full height of the tower structure and
height of any mounted antenna.
b. Towers, guys and accessory facilities must satisfy the
minimum setback requirements for primary structures.
C. Aviation facility. An aircraft landing area or airport may be
permitted, provided.
1. A satisfactory airspace analysis by the Federal Aviation
Administration for operation under visual flight rules shall be
submitted with the use permit application.
2. For fixed -wing aircraft, a clear zone extending one thousand
(1,000) feet from the end of all runways shall be secured through
ownership or easement, but, in no case, shall the end of a runway
be closer than two hundred (200) feet from any property line.
3. For both fixed- and rotary -wing aircraft, neither the landing
area nor any building, structure, or navigational aid shall be
located within four hundred (400) feet of any property line
adjacent to a residential district or use.
4. Landing areas for rotary -wing aircraft shall be designed to
comply with the Airport Design Guide of the Federal Aviation
Administration.
D. Communication tower (and associated substation).
1. General description. The purpose of this section is to establish
general guidelines for the siting of towers and antennas. The
goals of this section are to:
a. Encourage the location of towers in nonresidential areas
and minimize the total number of towers and tower sites
throughout the community.
b. Encourage strongly the joint use of new and existing tower
sites.
c. Encourage users of towers and antennas to locate them,
to the extent possible, in areas where the adverse impact on
41
the community is minimal.
d. Encourage users of towers and antennas to configure
them in a way that minimizes the adverse visual impact of the
towers and antennas.
e. To provide adequate sites for the provision of
telecommunication services with minimal negative impact on
the resources of the county.
This section is intended to comply with all federal and state
regulations.
2. Applicability. This section shall not govern any tower, or the
installation of any antenna, that is:
a. Under fifty (50) feet in height,
b. Owned and operated by a federally - licensed amateur radio
station operator; or
c. Used exclusively for receive only antennas for amateur
radio station operation.
3. Existing structures and towers. The placement of an antenna
on or in an existing structure such as a building, sign, light pole,
water tank, or other freestanding structure or existing tower or
pole shall be permitted so long as the addition of said antenna
shall not add more than twenty (20) feet in height to said structure
or tower and shall not require additional lighting pursuant to FAA
(Federal Aviation Administration) or other applicable
requirements.
Such permitted use also may include the placement of additional
buildings or other supporting equipment used in connection with said
antenna so long as such building or equipment is placed within the
existing structure or property and is necessary for such use. The
following shall be required of any proposed antenna or "co- location ":
a. All utilities required will be placed beneath the surface of
the ground.
b. Commercial wireless service co- locations shall not include
facilities for transmitting or receiving signals by governmental
agencies.
c. All co- locations must be in compliance with Federal
Communication Commission (FCC) standards for non - ionizing
electromagnetic emissions.
In addition, a non - ionizing electromagnetic radiation (VIER) report
shall be required for any proposed co- location if an impact analysis
for that co- location port was not included within the VIER report
submitted at the tower approval stage.
4. General guidelines and requirements.
42
I
a. Must consider county -owned locations first in considering
new builds.
b. Must agree up front to escrow or payment in lieu of
escrow.
c. Principal or accessory use-
i. For purposes of determining compliance with area
requirements, antennas and towers may be considered
either principal or accessory uses.
ii. An existing use or an existing structure on the same lot
shall not preclude the installation of antennas or towers on
such lot.
iii. For purposes of determining whether the installation of
a tower or antenna complies with district regulations, the
dimensions of the entire lot shall control, even though the
antennas or towers may be located on leased area within
such lots.
iv. Towers that are constructed, and antennas that are
installed, in accordance with the provisions of this section
shall not be deemed to constitute the expansion of a
nonconforming use or structure.
Inventory of existing sites. Each applicant for an antenna and
ower shall provide to the department of planning and zoning an
inventory of its existing facilities that are either within the locality
or within five (5) miles of the border thereof, including specific
information about the location, height, and existing use and
available capacity of each tower.
The department of planning and zoning may share such information
with other applicants applying for approvals or conditional use permits
under this section or other organizations seeking to locate antennas
within the jurisdiction of the locality, provided, however that
department of planning and zoning shall not, by sharing such
information, in any way represent or warrant that such sites are
available or suitable.
6. Design and lighting requirements. The requirements set forth
in this section shall govern the location of all owners and the
installation of all antennas governed by this section; provided,
however, that the board of supervisors may waive any of these
requirements if it determines that the goals of this section are
better served thereby.
a. Towers shall either maintain a galvanized steel finish or
subject to any applicable standards of the FAA (Federation
Aviation Administration), be painted a neutral color, so as to
reduce visual obtrusiveness. Dish antennas will be of a
neutral, nonreflective color with no logos.
43
b. At a facility site, the design of the buildings and related
structures shall, to the extent possible, use materials, colors,
textures, screening, and landscaping that will blend the tower
facilities to the natural setting and surrounding structures.
c. If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical
equipment must be of a neutral color that is identical to, or
closely compatible with, the color of the supporting structure
so as to make the antenna and related equipment as visually
unobtrusive as possible.
d. Towers shall not be artificially lighted, unless required by
the FAA (Federal Aviation Administration) or other applicable
authority. If lighting is required, the board of supervisors may
review the available lighting alternatives and approve the
design that would cause the least disturbance to the
surrounding views.
e. No advertising of any type may be placed on the tower or
accompanying facility unless as part of retrofitting an existing
sign structure.
f. To permit co- location, the tower may be required to be
designed and constructed to permit extensions.
J'Federal requirements. All towers must meet or exceed current
ards and regulations of the Federal Aviation Administration
the Federal Communications Commission (FCC), and any
agency of the federal government with the authority to
ate towers and antennas. In addition, the tower owner shall
implement U.S. Fish and Wildlife Service procedures for
communication tower construction, operation, and
decommissioning to protect endangered night - migrating birds
under the Migratory Bird Treaty Act, Endangered Species Act, and
0 Bald and Golden Eagle Act.
8. Building codes. To ensure the structural integrity of towers, the
owner of a tower shall ensure that it is maintained in compliance
with standards contained in applicable federal, state and local
building codes and regulations.
9. Information required for conditional use permit. Each applicant
requesting a conditional use permit under this section shall submit
M a scaled plan and a scaled elevation view and other supporting
drawings, calculations, and other documentation, signed and
sealed by appropriate licensed professionals, showing the location
and dimensions of all improvements, including information
concerning topography, radio frequency coverage, tower height
requirements, setbacks, drives, parking, fencing, landscaping and
adjacent uses. The county may require other information to be
necessary to assess compliance with this section. Additionally, the
applicant shall:
E
44
M
a. Provide actual photographs of the site from all geographic
directions (north, south, east, and west) and from any
additional vantage point specified by the zoning administrator,
and
b. Erect a temporary structural marker of fluorescent color,
not less than ten (10) feet in height and two (2) feet in
diameter, to mark the base of the proposed tower on the site.
The photographs shall contain a simulated photographic image of th
-
proposed tower and include the foreground, the mid- ground, and th
background of the site. The structural marker shall be erected at th
time of application and removed within ten (10) days after the fine
public hearing for the proposed conditional use permit request. Th
objective of the photograph simulations and structural marker shall b
to provide a vertical representation of the structure for survey of th
visual impacts the tower will have from significant highway corridor;
residential properties, and historic /significant areas.
In addition to the above required information, the applicant shall als
submit the following:
a. An engineering report from a qualified radio- frequenc
engineer that is sealed and signed and specifies the heV
above grade for all potential mounting positions for co- locatio
antennae and the minimum required separation distance
between antennae to ensure no frequency interference.
b. An engineering report from a qualified structural engineE
that is sealed and signed, and supports the proposed vertic�
design separation of antennae and includes the following:
i. The tower height and design including cross - sectio
and elevation.
ii. Structural mounting designs and materials list.
iii. Certification that the proposed tower is compatible for
co- location with a minimum of six (6) users (including the
primary user) at the heights proposed and specification on
the type of antennae that the tower can accommodate.
c. The applicant shall provide copies of its co- location polic
M
d. The applicant shall provide copies of propagation ma
demonstrating that antennas and sites for possible co -loca.
antennae are no higher in elevation than necessary.
e. The personal communications service carrier shall be
co- applicant for all applications.
f. For the purpose of determining the tower's suitability
use in the case of a local, state, or national emergency, t
applicant shall provide written information specifying wr
measures will be provided to accomplish continu
45
'mycations operati r, even of power
caused by manmade a up
generators, etc.
ctors considered ting cond*nal use permits for new
M The b of supervisors of Isle of Wight County shall
consi er the f cWing factors in determining whether to issue a
conditional use permit for new towers. The board of supervisors
may waive or reduce the burden on the applicant of one (1) or
more of these criteria if the board of supervisors concludes that
the goals of this section are better served thereby:
a. height of the proposed tower,
b. Proximity of the tower to residential structures and
residential district boundaries;
c. Nature of the uses of adjacent and nearby properties;
d. Surrounding topography;
e. Surrounding tree coverage and foliage;
f. Design of the tower, with particular reference to design
characteristics that have the effect of reducing or eliminating
visual obtrusiveness,
g. Proposed ingress and egress;
h. Co- location policy;
i. Language of the lease agreement dealing with co- location;
j. Consistency with the comprehensive plan and the
purposes to be served by zoning;
k. Availability of suitable existing towers and other structures
as discussed below;
Proximity to commercial or private airports; and
m. Level of emergency preparedness for the individual site
and contribution to the county -wide emergency response plan.
11. Availability of suitable existing towers or other structures. No
new tower shall be permitted unless the applicant demonstrates to
the reasonable satisfaction of the board of supervisors of Isle of
Wight County that no existing tower or structure can
accommodate the applicant's proposed antenna. Evidence
submitted should consist of the following:
a. No existing towers or structures are located within the
geographic area required to meet applicant's engineering
requirements;
b. Existing towers or structures are not of sufficient height to
meet applicant's engineering requirements,
46
c. Existing towers or structures do not have sufficient
structural strength to support applicant's proposed antenna
and related equipment, and can not be retrofitted to
accommodate additional users;
d. The applicant's proposed antenna would cause
electromagnetic interference with the antenna on the existing
towers or structures, or the antenna on the existing towers or
structures would cause interference with the applicant's
proposed antenna-,
e. The fees, costs, or contractual provisions required by the
owner in order to share an existing tower or structure or to
adapt an existing tower or structure for sharing are
nreas _ Ie Costs e cee ing tower or structure for sharing
We u n ,
f. The applicant demonstrates that there are other limiting
factors that render existing towers and structures unsuitable.
12. Setbacks. The following setback requirements shall apply t
all towers and antennas for which a conditional use permit
required; provided, however, that the board of supervisors of Isl
of Might County may reduce the standard setback requirements
the goals of this section would be better served thereby.
a. The tower must be set back from any off -site residenti,,
structure no less than four hundred (400) feet.
b. A setback of one (1) foot horizontally for each foot i
height shall be provided from the base of the tower structur
to any adjoining property line (other than the property of th
lessor).
c. Towers, guys and accessory facilities must satisfy th
minimum zoning district setback requirements for primar
structures.
13. Security fencing. Towers shall be enclosed by security fencin
not less than six (6) feet in height and shall also be equipped wit
an appropriate anti - climbing device; provided, however, that th
board of supervisors of Isle of Wight County may waive suc
requirements, as it deems appropriate.
14. Landscaping. The following requirements shall govern th
landscaping surrounding towers for which a conditional use perm
is required; provided, however, that the board of supervisors (
Isle of Wight County may waive such requirements if the goals (
this section would be better served thereby.
a. Tower facilities shall be landscaped with a buffer of plar
materials that effectively screen the view of the suppo
buildings from adjacent property. The standard buffer sha
consist of a landscaped strip at least four (4) feet wide outsid
47
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M
the perimeter of the facilities.
b. In locations in which the board of supervisors of Isle of
Wight County finds that the visual impact of the tower would
be minimal, the landscaping requirement may be reduced or
waived altogether.
c. Existing mature tree growth and natural landforms on the
site shall be preserved to the maximum extent possible. In
some cases, such as towers sited on large, wooded lots, the
board of supervisors of Isle of Wight County may determine
the natural growth around the property perimeter may be
sufficient buffer.
d. Existing trees within the lesser of two hundred (200) feet
or the area controlled by the applicant /owner shall not be
removed except as may be authorized to permit construction
of the tower and installation of access for vehicle utilities.
5. Local government access. Owners of towers shall provide the
aunty a right of first refusal for co- location opportunities as a
ammunity benefit to improve radio communication for county
epartments and emergency services, provided it does not conflict
,ith the co- location requirement of subsection 9.a., of this section.
S. Removal of abandoned antennas and towers. Any antenna or
>wer that is not operated for a continuous period of twenty -four
?4) months shall be considered abandoned, and the owner of
ach such antenna or tower shall remove same within ninety (90)
ays of receipt of notice from the county notifying the owner of
such removal equipment requirement. Removal includes the
removal of the tower, all tower and fence footers, underground
cables and support buildings to a minimum depth of three (3) feet.
If there are two (2) or more users of a single tower, then this
provision shall not become effective until all users cease using the
tower. At the discretion of the county, a surety bond in a form
acceptable to the county attorney may be required to insure that
the funds necessary for removal are available to the county in the
event the structure is abandoned.
17. Required yearly report. The owner of each such antenna or
tower shall submit a report to the board of supervisors of Isle of
Wight County once a year, no later than July 1. The report shall
state the current user status of the tower.
M 18. Review fees. Any out -of- pocket costs incurred for review by a
licensed engineer of any of the above- required information shall
be paid by the applicant.
Reconstructed wetland.
1. Intent. The purpose of requiring a conditional use permit is to
sure consistency with the comprehensive plan and appropriate
nd use. Reconstructed wetlands, once permitted by state and
48
federal agencies, become a permanent long -term land use that is
expensive and difficult to re- permit if it is poorly placed on the
landscape. Such facilities should therefore be evaluated in
relationship to the long range plans of the county. Issues related
to the technical design, feasibility, etc., shall remain the
jurisdiction of the Army Corps of Engineers and the Department of
Environmental Quality and shall not be a consideration in
evaluating the conditional use permit request.
Shooting range, outdoor.
1. General standards:
a. The site or area used as a shooting range or match shall
be fenced, posted every fifty (50) feet or otherwise restricted
so that access to the site is controlled to insure the safety of
patrons, spectators and the public at large.
b. The county sheriff shall review and make
recommendations for the design and layout of any shooting
range or match as to its safety to patrons of the range as well
as surrounding property owners. As a general guideline, the
following distances shall be maintained unless modified in
writing by the county sheriff-
i. The minimum distance from any firing point measured
in the direction of fire to the nearest property line shall not
be less than three hundred (300) feet,
ii. Where a backstop is utilized to absorb the discharged
load, the minimum distance may be two hundred (200)
feet; and
iii. No firing point shall be located within one hundred
(100) feet of an adjoining property line. (7- 7 -05.)
For state law as to authority of the county to regulate boating within its territorial waterways, see Code of v a.
§ 29.1 -700 et seq.
Sec. 5 -5007. - Supplementary use regulations for miscellaneous use types.
A. Alternative discharge sewage disposal system...... General description: The existence of untreated
septic /sewage poses a clear and documented risk to public health and safety. The following
provisions are intended to permit by conditional use permit the replacement of a failed septic system
or other approved method of sewage disposal on property which contains a single - family residence
constructed prior to the date of this ordinance and where no other alternative for sewage disposal
exists. These systems are not considered by Isle of Wight County to be a proven nor acceptable
technology for general application or new construction since they conflict with the growth
management and resource protection policies contained in the county's comprehensive plan and
other county ordinances. However, these systems provide a more acceptable method of sewage
disposal than no sewage disposal at all for residences which preexisted this ordinance.
1 Conditional application requirements and procedure
a. Formal application shall be made to the Virginia Department of Health (VDH) in accordance
with Section 2.12 of the Virginia Department of Health regulations. No application to Isle of
Wight County will be accepted until a formal application has been submitted to and
received by the Virginia Department of Health (VDH).
b. In addition to the application requirements and procedures established in this ordinance, no
application for a conditional use permit shall be considered until the following information is
provided:
A copy of the application form and materia (s) submitted to VDH,
49
Written documentation from VDH that all other methods of sewage disposal permitted
in Virginia have been investigated and that the alternative discharging sewage system
is the only remaining alternative for this improved property;
iii. Documentation supporting compliance with the criteria contained in subsection 4.a. of
this section; and
iv. The tax map number, name and mailing address of all property owners one thousand
(1,000) feet downstream of the proposed discharge point along the fall line, based on
the most recent real estate books for Isle of Wight County, or other municipality if
appropriate.
In addition to all other notice requirements contained in this ordinance and otherwise required by
law, all property owners located one thousand (1,000) feet downstream from the discharge point
along the fall line shall be notified by first class ma] at least ten (10) days prior to the planning
commission's public hearing. The zoning administrator shall be responsible for this notification.
The applicant shall be responsible for the cost of postage.
Wherever possible, the review and consideration of a request for a conditional use permit shall
be coordinated with the review procedures and requirements of VDH and the Virginia
Department of Environmental Quality, Division of Water.
4. General standards.
a. All proposed alternative discharging sewage systems shall comply with the regulations and
requirements of the Virginia Department of Environmental Quality, Division of VWater and
the Virginia Department of Health (VDH) pursuant to Section 62.1 -44.2 et seq. and Section
32.1 -163 and 164 of the Code of Virginia, respectively, as may be amended The primary
regulations which govern the permitting and installation of these systems are contained in
the VDH regulations titled "Alternative Discharging Sewage Treatment System Regulations
for Individual Single - Family Dwellings (VR 355 -34- 400)."
A request for a conditional use permit shall only be considered when the following criteria is met:
a. The residence is located more than three hundred (300) feet from an existing or proposed
public sewer line, or when three hundred (300) feet or less, is otherwise unable to connect
to public sewer due to topography or other physical constraints, as determined by the
d.*rector of utilities.
b. The proposed alternative discharging sewage system is solely for replacing a failed septic
system or other approved method of sewage disposal for a property which contains a
single- family residence constructed prior to the effective date of this ordinance.
c. All systems proposed for use in Isle of Wight County shall be classified under Section 2.25
of the VDH regulations as having either preliminary or general approval for use in Virginia.
Systems with experimental approval shall be prohibited in Isle of Wight County.
d. in Isle of Wight County the location of the discharge point shall be limited to a year -round
stream as defined in Sect,on 3.2 of the VDH regulations, except as allowed in subsection
A.5. of this section.
e. Use of an intermittent stream or dry ditch as the discharge point may be permitted by the
board of supervisors under the following conditions:
i. The use of an intermittent stream or dry ditch is included as a specific condition of the
conditional use permit;
ii. Specific conditions are attached to the permit pertaining to additional levels of
treatment, security of the d scharge point, ownership of the property or a perpetual
easement for a distance downstream from the discharge point, and other criteria
essential to protect the public health and safety; and
iii. None of the conditions attached to the permit are less restrictive than the requirements
contained in Section 3.7 of the VDH regulations unless specifically varied or modified
by VDH and incorporated into the conditions of the conditional use permit.
6 Prior to issuance of an operating permit by VDH, a notice shall be recorded with the clerk of the
circuit court advising future purchasers of the legal obligations associated with the method of
sewage disposal located on the property. At a minimum, this shall include notice that the
approval must be re- permitted every five (5) years or upon change of ownership as required by
VDH regulations, that a maintenance contract must remain in full force at all times, that VDH
shall have the right of access to the property, and that the health department and Isle of Wight
County do not warrant in any way the continued compliance with county, state and federal
standards and assumes no liability for the continued use of this technology for sewage disposal
This document shall be approved by the county attorney's office prior to recordation.
7. A copy of all formal and informal testing results required under Section 3.11 of the VDH
regulations shall be submitted to the county health department and the county department of
planning and zoning, in addition to any other agency or location required by law.
8. Any conditional use permit approved by Isle of Wight County shall run concurrently with the
operating permit approved by VDH. Upon expiration or revocation of the operating permit, the
conditional use permit shall also expire or be revoked.
ME
A
9. Requests to renew a permit of an existing system shall be considered as though it were a
separate and new request for a conditional use permit and shall meet all of the requirements of
this ordinance. Recurring requests for a permit due to repeated revocations of an operating
permit or failure to comply with the requirements of the VDH regulations, including failure to
maintain a current maintenance contract at all times, may be sufficient grounds for denial of a
new conditional use permit by the board of supervisors.
10. Any violation of the VDH regulations for the construction, operation and maintenance of an
alternative discharging sewage system shall be considered a violation of any conditional use
permit approved under this ordinance.
11. Any variance or waiver approved by VDH shall not automatically be binding on the board of
supervisors in considering or approving a conditional use permit.
Amateur radio tower.
1. The maximum height allowed shall be no greater than two hundred (200) feet pursuant to
Section 15.2- 2293.1 of the Code of Virginia.
2. The following setback requirements shall apply to all towers and antennas:
a. The tower must be set back from any off -site residential structure no less than the full
height of the tower structure and height of any mounted antenna.
b. Towers, guys and accessory facilities must satisfy the minimum setback requirements for
primary structures.
Aviation facility...... An aircraft landing area or airport may be permitted, provided:
1 A satisfactory airspace analysis by the Federal Aviation Administration for operation under visual
flight rules shall be submitted with the use permit application.
2 For fixed -wing aircraft, a clear zone extending one thousand (1,000) feet from the end of all
runways shall be secured through ownership or easement, but, in no case, shall the end of a
runway be closer than two hundred (200) feet from any property line.
9
For both fixed- and rotary-wing aircraft, neither the landing area nor any building, structure, or
navigational aid shall be located within four hundred (400) feet of any property line adjacent to a
residential district or use.
i. Landing areas for rotary -wing aircraft shall be designed to comply with the Airport Desic
Guide of the Federal Aviation Administration.
Communication tower (and associated substation).
General description. ..... The purpose of this section is to establish general guidelines for tt
siting of towers and antennas. The goals of this section are to:
a.
b.
C.
d.
e.
Encourage the location of towers in nonresidential areas and minimize the total number
towers and tower sites throughout the community.
Encourage strongly the joint use of new and existing tower sites.
Encourage users of towers and antennas to locate them, to the extent possible, in area
where the adverse impact on the community is minimal.
Encourage users of towers and antennas to configure them in a way that minimizes tY
adverse visual impact of the towers and antennas.
To provide adequate sites for the provision of telecommunication services with minim.,
negative impact on the resources of the county.
section is intended to comply with all federal and state regulations.
2. Applicability...... This section shall not govern any tower, or the installation of any antenna, tha
is:
a. Under fifty (50) feet in height;
b. Owned and operated by a federally licensed amateur radio station operator; or
c. Used exclusively for receive only antennas for amateur radio station operation; or
d. Used solely as part of an agricultural operation.
3. Existing structures and towers...... The placement of an antenna on or in an existing structure
such as a building, sign, light pole, water tank, or other freestanding structure or existing towel
or pole shall be permitted so long as the addition of said antenna shall not add more than twenty
(20) feet in height to said structure or tower and shall not require additional lighting pursuant tc
FAA (Federal Aviation Administration) or other applicable requirements.
Such permitted use also may include the placement of additional buildings or other supporting equipment
used in connection with said antenna so long as such building or equipment is placed within the existing
structure or property and is necessary for such use. The following shall be required of any proposec
antenna or "co- location ":
a. All utilities required will be placed beneath the surface of the ground.
�(
b. Commercial wireless service co- locations shall not include facilities for transmitting or
receiving signals by governmental agencies.
c. All co- locations must be in compliance with Federal Communication Commission (FCCi
standards for non - ionizing electromagnetic emissions.
In addition, a non- ionizing electromagnetic radiation (NIER) report shall be required for any proposed co-
location if an impact analysis for that co- location port was not included within the NIER report submitted at
the tower approval stage.
General guidelines and requirements.
a. Must consider county -owned locations first in considering new builds.
b. Must agree up front to escrow or payment in lieu of escrow.
c. Principal or accessory use:
i. For purposes of determining compliance with area requirements, antennas and tovders
may be considered either principal or accessory uses.
ii. An existing use or an existng structure on the same lot shall not preclude the
installation of antennas or takers on such lot.
iii. For purposes of determining whether the installation of a tower or antenna complies'
with district regulations, the dimensions of the entire lot shall control, even though the
antennas or towers may be located on leased area within such lots.
iv. Towers that are constructed, and antennas that are installed, in accordance with the
provisions of this section shall not be deemed to constitute the expansion of a
nonconforming use or structure.
Inventory of existing sites...... Each applicant for an antenna and or tower shall provide to the
department of planning and zoning an inventory of its existing facilities that are either within the
locaity or within five (5) miles of the border thereof, including specific information about the
location, height, and existing use and available capacity of each tower.
The department of planning and zoning may share such information with other applicants applying for
approvals or conditional use permits under this section or other organizations seeking to locate ante,
within the jurisdiction of the locality, provided, however that department of planning and zoning shall
by sharing such information, in any way represent or warrant that such sites are available or suitable.
Design and lighting requirements...... The requirements set forth in this section shall govern
location of all owners and the installation of all antennas governed by this section, provided,
however, that the board of supervisors may waive any of these requirements if it determines that
the goals of this section are better served thereby.
a. Towers shall either maintain a galvanized steel finish or, subject to any applicable
standards of the FAA (Federation Aviation Administration), be painted a neutral color, so as
to reduce visual obtrusiveness Dish antennas will be of a neutral, nonreflective color with
no logos.
b. At a facility site, the design of the buildings and related structures shall, to the extent
possible, use materials, colors, textures, screening, and landscaping that will blend the
tower facilities to the natural setting and surrounding structures.
c. If an antenna is installed on a structure other than a tower, the antenna and supporting
electrical and mechanical equipment must be of a neutral color that is identical to, or closely
compatible with, the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
d. Towers shall not be artificially lighted, unless required by the FAA (Federal Aviation
Administration) or other applicable authority. If lighting is required, the board of supervisors
may review the available lighting alternatives and approve the design that would cause the
least disturbance to the surrounding views.
e. No advertising of any type may be placed on the tower or accompanying facility unless as
part of retrofitting an existing sign structure.
f. To permit co- location, the tower may be required to be designed and constructed to permit
extensions.
Federal requirements...... All towers must meet or exceed current standards and regulatioi
the Federal Aviation Administration (FAA), the Federal Communications Commission (F
and any other agency of the federal government with the authority to regulate towers
antennas. In addition, the tower owner shall implement U.S. Fish and Wildlife Se
procedures for communication tower construction, operation, and decommissioning to pry
endangered night - migrating birds under the Migratory Bird Treaty Act, Endangered Species
and Bald and Golden Eagle Act.
Build ng codes...... To ensure the structural integrity of towers, the owner of a tower shall en
that it is maintained in compliance with standards contained in applicable federal, state and
building codes and regulations.
52
Information required for conditional use permit...... Each applicant requesting a conditional use
permit under this section shall submit a scaled plan and a scaled elevation view and other
supporting drawings, calculations, and other documentation, signed and sealed by appropriate
licensed professionals, showing the location and dimensions of all improvements, including
information concerning topography, radio frequency coverage, tower height requirements,
setbacks, drives, parking, fencing, landscaping and adjacent uses. The county may require
other information to be necessary to assess compliance with this section. Additionally, the
applicant shall:
a. Provide actual photographs of the site from all geographic d sections (north, south, east,
and west) and from any additional vantage point specified by the zoning administrator; and
b. Erect a temporary structural marker of fluorescent color, not less than ten (10) feet in height
and two (2) feet in diameter, to mark the base of the proposed tower on the site.
The photographs shall contain a simulated photographic image of the proposed tower and include the
foreground, the mid - ground, and the background of the site. The structural marker shall be erected at the
time of application and removed within ten (10) days after the final public hearing for the proposed
condtional use permit request. The objective of the photograph simulations and structural marker shall be
to provide a vertical representation of the structure for survey of the visual impacts the tower will have
from significant highway corridors, residential properties, and historic /significant areas.
In addition to the above required information, the applicant shall also submit the following:
An engineering report from a qualified radio- frequency engineer that is sealed and signed
and specifies the height above grade for all potential mounting positions for co- location
antennae and the minimum required separation distances between antennae to ensure no
frequency interference.
An engineering report from a qualified structural engineer that is sealed and signed and
supports the proposed vertical design separation of antennae and includes the following.
The tower height and design including cross- section and elevation.
Structural mounting designs and materials list.
iii. Certification that the proposed tower is compatible for co- location with a minimum of
six (6) users (including the primary user) at the heights proposed and specification on
the type of antennae that the tower can accommodate.
c. The applicant shall provide copies of its co- location policy.
d The applicant shall provide copies of propagation maps demonstrating that antennas and
s tes for possible co- locator antennae are no higher in elevation than necessary.
e. The personal communications service carrier shall be a co- applicant for all applications.
f. For the purpose of determining the tower's suitability for use in the case of a local, state, or
national emergency, the applicant shall provide written information specifying what
measures will be provided to accomplish continued communications operations in the event
of power outages caused by a manmade or natural disaster, i.e., backup generators, etc.
10. Factors considered in granting conditional use permits for new towers. The board of
supervisors of Isle of Wight County shall consider the following factors in determining whether to
issue a conditional use permit for new towers. The board of supervisors may waive or reduce
the burden on the applicant of one (1) or more of these criteria if the board of supervisors
concludes that the goals of this section are better served thereby:
a. Height of the proposed tower;
b. Proximity of the tower to residential structures and residential district boundaries
C. Nature of the uses of adjacent and nearby properties;
d. Surrounding topography;
e. Surrounding tree coverage and foliage;
f. Design of the tower, with particular reference to design characteristics that have the effect
of reducing or eliminating visual obtrusiveness,
g. Proposed ingress and egress;
h. Co- location policy;
i. Language of the lease agreement dealing with co- location;
j. Consistency with the comprehensive plan and the purposes to be served by zoning;
k. Availab ;lity of suitable existing towers and other structures as discussed below;
L Proximity to commercial or private airports; and
m. Level of emergency preparedness for the individual site and contribution to the county -wide
emergency response plan.
11. Availabil'ty of suitable existing towers or other structures...... No new tower shall be permitted
un ess the applicant demonstrates to the reasonable satisfaction of the board of supervisors of
53
Isle of Wight County that no existing tower or structure can accommodate the applicant's
proposed antenna. Evidence submitted should consist of the following.
a. No existing towers or structures are located wl'thin the geographic area required to meet
applicant's engineering requirements;
b Existing towers or structures are not of sufficient height to meet applicant's engineering
requirements;
C. Existing towers or structures do not have sufficient structural strength to support applicants
proposed antenna and related equipment, and can not be retrofitted to accommodate
additional users;
d. The applicant's proposed antenna would cause electromagnetic interference with the
antenna on the existing towers or structures, or the antenna on the existing towers or
structures would cause interference with the applicant's proposed antenna;
e The fees, costs, or contractual provisions required by the owner in order to share an
existing tower or structure or to adapt an existing tower or structure for sharing are
unreasonable. Costs exceeding tower or structure for sharing are unreasonable; and
f. The applicant demonstrates that there are other limiting factors that render existing towers
and structures unsuitable.
12. Setbacks. ... The following setback requirements shall apply to all towers and antennas for
which a conditional use permit is required, provided, however, that the board of supervisors of
Isle of Wight County may reduce the standard setback requirements if the goals of this section
would be better served thereby.
a. The tower must be set back from any off -site residential structure no less than four hundred
(400) feet.
A setback of one (1) foot horizontally for each foot in height shall be provided from the base
of the tower structure to any adjoining property line (other than the property of the lessor).
Towers, guys and accessory facilities must satisfy the minimum zoning district setback
requirements for primary structures.
13. Secur ;ty fencing...... Towers shall be enclosed by security fencing not less than six (6) feet in
height and shall also be equipped with an appropriate anti- climbing device; provided, however,
that the board of supervisors of Isle of Wight County may waive such requirements, as it deems
appropriate.
14. Landscaping...... The following requirements shall govern the landscaping surrounding towers
for which a conditional use permit is required; provided, however, that the board of supervisors
of Isle of Wight County may waive such requirements if the goals of this section would be better
served thereby.
a Tower facilities shall be landscaped with a buffer of plant materials that effectively screen
the view of the support buildings from adjacent property. The standard buffer shall consist
of a landscaped strip at least four (4) feet wide outside the perimeter of the facilities.
b. In locations in which the board of supervisors of Isle of Wight County finds that the visual
impact of the tower would be minimal, the landscaping requirement may be reduced or
waived altogether.
Existing mature tree growth and natural landforms on the site shall be preserved to the
maximum extent possible. In some cases, such as towers sited on large, wooded lots, the
board of supervisors of Isle of Wight County may determine the natural growth around the
property perimeter may be sufficient buffer.
Existing trees within the lesser of two hundred (200) feet or the area controlled by the
applicant/owner shall not be removed except as may be authorized to permit construction
of the tower and installation of access for vehicle utilities.
15. Local government access...... Owners of towers shall provide the county a right of first refusal
for co- location opportunities as a community benefit to improve rad'o communication for county
departments and emergency services, provided it does not conflict with the co- location
requirement of subsection 9.a., of this section.
16. Removal of abandoned antennas and towers...... Any antenna or tower that is not operated for a
continuous period of twenty -four (24) months shall be considered abandoned, and the owner of
each such antenna or tower shall remove same within n nety (90) days of receipt of notice from
the county notifying the owner of such removal equipment requirement. Removal includes the
removal of the tower, all tower and fence footers, underground cables and support buildings to a
minimum depth of three (3) feet. If there are two (2) or more users of a single tower, then this
provision shall not become effective until all users cease using the tower. At the discretion of the
county, a surety bond in a form acceptable to the county attorney may be required to insure that
the funds necessary for removal are available to the county in the event the structure is
abandoned.
17. Required yearly report...... The owner of each such antenna or tower shall submit a report to the
board of supervisors of Isle of Wight County once a year, no later than July 1. The report shall
state the current user status of the tower.
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18. Review fees...... Any out -of- pocket costs incurred for review by a licensed engineer of any of the
above- required information shall be paid by the applicant.
E. Reconstructed wetland.
1. Intent...... The purpose of requiring a conditional use permit is to ensure consistency with the
comprehensive plan and appropriate land use. Reconstructed wetlands, once permitted by state
and federal agencies, become a permanent long -term land use that is expensive and difficult to
re- permit if it is poorly placed on the landscape. Such facilities should therefore be evaluated in
relationship to the long range plans of the county. Issues related to the technical design,
feasibility, etc., shall remain the jurisdiction of the Army Corps of Engineers and the Department
of Environmental Quality and shall not be a consideration in evaluating the conditional use
permit request.
F. Shooting range, outdoor.
General standards:
a. The site or area used as a shooting range or match shall be fenced, posted every fifty (50)
feet or otherwise restricted so that access to the site is controlled to insure the safety of
patrons, spectators and the public at large.
b. The county sheriff shall review and make recommendations for the design and layout of
any shooting range or match as to its safety to patrons of the range as well as surrounding
property owners. As a general guideline, the foiiow ng distances shall be maintained unless
modified in writing by the county sheriff,
1. The minimum distance from any firing point measured in the direction of fire to the
nearest property line shall not be less than three hundred (300) feet;
ii. Where a backstop is utilized to absorb the discharged load, the minimum distance
may be two hundred (200) feet; and
iii. No firing point shall be located within one hundred (100) feet of an adjoining property
line. (7 -7 -05; Ord. No. 2011 -11 -C, 7- 7 -11.)
For state la,v as to authority of the county to regulate boating within its territoriar waterways, see Code
of Vo , § 29.1 -700 et seg.
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 [fall called for a public hearing on the following:
B. Resolution Authorizing the Initiation of Condemnation Ac
Property Shown on Tax Map Parcel 45A -01 -025.
County Attorney Popovich certified that the matter has been
advertised.
Chairman Hall called for persons to speak in favor of or in oppositi(
proposed condemnation.
No one appeared.
Chairman Hall closed the public hearing and called for comments
Board.
Supervisor Bailey moved that the following Resolution be adopted:
RESOLUTION AUTHORIZING THE INITIATION OF
CONDEMNATION ACTION
RR
WHEREAS, Section 15.2-1903(B) of the Code of Virginia (1950, as
amended) requires that prior to the initiation of condemnation proceedings
the governing body of a locality must hold a public hearing and adopt a
resolution approving the proposed condemnation; and
W1 IEREAS, such a resolution must state the use for which the property being
condemned shall be put and the necessity therefor.
NO\\,', TIIFREFORE, BE IT RESOLVED by the Isle of ",'ight County
Board of Supervisors that the County Attorney's Office is hereby authorized
to initiated a condemnation action, pursuant to Section 25.1-200 et seq, of the
Code of Virginia (1950, as amended), to acquire all Outstanding interest(s) in
the property commonly referred to as Tax \,lap Parcel 45A-01-025 as the
County is already a 6/7'1' owner thereof and the individuals holding the
remaining 1/7t" interest whereabouts are either known and are unwilling to
sell their interest or unknown and unwilling to sell their interest; and
BE IT FURTHER RESOLVED by the Isle of Wight County Board of
Supervisors that such condemnation action is necessary to allow the County
to create a public access point to the Blackwater River for use as a put-in for
kayaking and canoeing by the public on this valuable natural resource.
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 Hall called for a public hearing on the following:
C. Resolution Authorizing the Initiation of Condemnation Action for
Property Shown on Tax Map Parcel 04A-06-000A and 04A-06-OOOB.
County Attorney Popovich certified that the matter has been properly
advertised.
Chairman Hall called for persons to speak in favor of or in opposition to the
proposed condemnation.
No one appeared.
Chairman Hall closed the public hearing and called for comments from the
Board.
Supervisor Bailey moved that the following Resolution be adopted:
RESOLUTION AUTHORIZING THE INITIATION OF
CONDEN4NATION ACTION
56
WHEREAS, Section 15.2 - 1903(B) of the Code of Virginia (1950, as
amended) requires that prior to the initiation of condemnation proceedings
the governing body of a locality must hold a public hearing and adopt a
resolution approving the proposed condemnation; and
11 HEREAS, such a resolution must state the use for which the property being
condemned shall be put and the necessity therefor.
NO "', THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that the County Attorney's Office is hereby authorized
to initiated a condemnation action, pursuant to Section 25.1 -200 et seq. of the
Code of Virginia (1950, as amended), to acquire all outstanding interest(s) in
the property commonly known as "Tylers Beach" as the County is already a
6/7`" owner thereof and the individual holding the remaining 1/7`" interest
whereabouts are unknown; and
BE IT FURTHER RESOLVED by the Isle of Wight County Board of
Supervisors that such condemnation action is necessary to allow the County
to continue to provide public access to the James River without a cloud of
title on the property which may prevent the County from providing needed or
necessary improvements thereto.
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 Casteen moved that the Board return to the regular order of
the agenda. 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.
ECONOMIC DEVELOPXTENT REPORT
The Board was briefed on a draft Economic Development Strategic Plan by
Amy Ring, Business Development Director in the Department of Economic
Development.
Supervisor Darden moved that the draft Plan dated November 20, 2012 be
accepted as the final Plan. 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.
TOURISM REPORT
Judy H. Winslow, Director of Tourism, requested permission to fill a part -
time docent position within the Historic Resources Division.
0 57
Supervisor Alphin moved that the Human Resources Department be
authorized to immediately advertise the hiring of a part-time Docent. 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.
COIiNTY ADMINISTRATOR'S REPORT
Mr. Brian Obal, Wells Fargo Insurance Services, provided a brief
presentation on the annual renewal of the County's group health and dental
insurance program.
Mr. Robertson advised the Board that staff will be utilizing an upcoming
budget work session to discuss the impact of health care with the Board prior
to its April 18, 2013 meeting.
Sheriff Marshall addressed the Board regarding an anticipated operating
budget shortfall in the Sheriff's office budget for the current fiscal year.
Supervisor Alphin moved to appropriate $125,000 from the Unappropriated
Fund Balance to cover the Sheriff's office budget shortfall. 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.
A Resolution to Accept Donated 2004 Harley Davidson Motorcycle from the
City of Portsmouth Sheriff's Office was presented for consideration.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION TO ACCEPT DONATED 2004 HARLEY DAVIDSON
°MOTORCYCLE FROM THE CITY OF PORTSMOUTH SHERIFF'S
OFFICE
WHEREAS, the City of Portsmouth Sheriff's Office desires to donate a 2004
Ilarley Davidson Motorcycle to the Sheriff's Office to be used for law
enforcement functions in the County, the Town of Smithfield and the Town
of Windsor; and,
WHEREAS, the Board of Supervisors of Isle of Wight County wishes to
accept the gift of the 2004 Harley Davidson Motorcycle.
NOW, TI IEREFORI , BE IT AND IT IS I IEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that the
donated 2004 Harley Davidson Motorcycle be accepted for use by
Sheriff's Office for law enforcement functions in the County, the Tow
Smithfield and the Town of Windsor.
9 H141.
BE IT FURTHER RESOLVED that the County Administrator of the County
of Isle of Wight, Virginia is authorized 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.
A Resolution to Accept Donated 2006 Crown Victoria from the Town of
Smithfield, Virginia was presented for consideration.
Supervisor Bailey moved that the following Resolution be adopted:
Rl' SOLUTION TO ACCEPT DONATED 2 %V006 CROWN VICTORIA
FRO�1 THE TOWN OF SMITI IFIELD, VIRGINIA
\VI IERFAS, the Town of Smithfield, Virginia desires to donate a 2006 Ford
Crown Victoria to the Sheriff's Office to be used for law enforcemenl
functions in the County, the Town of Smithfield and the Town of Windsor;
and,
\VHERFAS, the Board of Supervisors of Isle of Wight County wishes tc
accept the gift of the 2006 Ford Crown Victoria.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of \Vight, Virginia that the
donated 2006 Ford Crown Victoria be accepted for use by the Sheriff's
Office for law enforcement functions in the County, the Town of Smithfield
and the Town of Windsor.
BE IT FURTHER RESOLVED that the County Administrator of the County
of Isle of Wight, Virginia is authorized to do all things necessary to give this
resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Garden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
Recommendations for Schools FY2011 -12 Open Purchase Orders Carryover
(Non - Reoccurring /Reoccurring Expenditures) and Schools FY2011 -12 Open
Purchase Orders Carryover were presented.
Supervisor Darden moved to adopt Option II, cash flow management, as
follows and proceed accordingly: authorize staff to initiate a formal request
to the County's Treasurer to transfer from the School's local account to the
County's local account the amount of $2.1 million and the balance due to the
County as of June 30, 2012; authorize County staff to initiate a formal
request to the Board of Supervisors to reappropriate to the School Board.
59
local account the amount of $112,000 (the $46,000 of open PO that is due
back to the Schools and the textbook funds in the amount of $65,000);
authorize County staff to initiate a formal request to the County Treasurer to
transfer or reappropriate the amount of $112,000; that the Board not approve
at this time the remainder of the requested PO in the amount of $1.46201 and
that this be done in conjunction with the Board's budget work session once
the formal budget is received from the Schools so that the Board has a clearer
understanding of what it needs to do in 2014; request that the Schools
provide the County Treasurer and County staff by the Board's April 18, 2013
meeting financial projections of cash requirements to insure that the School's
payroll account has sufficient balances to pay teachers for the remainder of
this fiscal year; and, authorize County staff in conjunction with the County's
Treasure to develop a contingency plan after receiving that information to
maintain a sufficient cash reserve so that County staff can assist the School
Board in maintaining any temporary cash flow deficits so that teacher's
salaries will be met for the remainder of this fiscal year. 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_
Resolution to recognize National County Government Month was
•esented for the Board's consideration.
apervisor Darden moved that the following Resolution be adopted:
RESOLUTION TO RECOGNIZE
NATIONAL COUNTY GOVERNMENT MONTH
'I IErrAS, the nation's 3,068 counties provide a variety of essential public
�rvices to communities serving 300 million Americans; and,
'IIEREAS, Isle of Wight County and all counties take pride in their
.onsibility to protect and enhance the health, welfare and safety of its
dents in sensible and cost - effective ways; and,
'HERE-AS, county governments are often the entity providing both direct
id indirect services to enhance the lives of residents and are responsible for
aintaining public safety and the efficient use of local tax dollars; and,
'HEIZEAS, 2914 counties own a jail or participate in a regional jail and
Imit nearly 12 million people each year; and,
Old', THEREFORE, BE IT RESOLVED by the Board of Supervisors of the
ounty of Isle of Wight, Virginia that the month of April be recognized as
ational County Government Month.
60
BE IT FURTHER RESOLVED that all Isle of %Vight County officials,
employees, schools and residents are encouraged to participate in county
government celebration activities.
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.
The 2012 -2013 Strategic Plan was offered for consideration.
Supervisor Alphin moved that the Plan be adopted. 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.
APPOINTMENTS
Supervisor Casteen moved that Tim 1-lillegass be reappointed to serve on the
Industrial Development Authority representing the Town of Smithfield. 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 Pat Clark be reappointed to serve on the
Commission on Aging representing the Newport District. The motion was
adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, llall
and Alphin voting in favor of the motion and no Supervisors voting against
the motion.
Supervisor Bailey moved that Nlary Jane Richter be appointed to serve on the
Commission on Aging representing the Newport 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 Alphin moved that Mike hlusmeier be reappointed to serve on the
Wetlands Board representing the Carrsville 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.
OLD BUSINESS
IThere was no old business offered for discussion by the Board.
NEW BUSINESS
Regarding the proposal for a baseball recreational complex brought up under
Special Presentations, Supervisor Casteen moved to authorize the County
61
Administrator to sign a Letter of Commitment developed with the County
Attorney to support the proposed ball field complex to include the following:
a boundary line adjustment to include the property within the Town limits of
Smithfield; the donation of approximately 20 acres for the complex; and, the
County's financial support of the ball field complex for $200,000 to be paid
at $25,000 a year for eight (8) years beginning in 2014. The motion was
adopted by a vote of (3 -2) with Supervisors Casteen, Garden and Bailey
voting in favor of the motion and Supervisors Alphin and Hall voting against
the motion.
CLOSED MEETING
Supervisor Casteen moved that the County Administrator prepare a
resolution to honor the citizen of the year 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 10:00 p.m., Chairman Hall moved that the Board adjourn its
meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and
no Supervisors voting against the motion.
-
ar y s Stor Clerk
62
Join YV. Hall, Chairman