04-18-2013 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE EIGHTEENTH DAY OF APRIL 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
COUNTY COURTHOUSE
PRESENT: JoAnn W. Hall, Chairman, Hardy District
Byron B. Bailey, Newport District
Rex W. Alphin, Carrsville District
Delores M. Darden, Windsor District
Alan E. Casteen, Smithfield District
Also Attending: Mark C. Popovich, County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
CALL TO ORDERANVOCATION /PLEDGE OF ALLEGIANCE
At 5:00 p.m., Chairman Hall called the meeting to order and Supervisor
Darden provided the invocation and the Pledge of Allegiance to the Flag.
Supervisor Casteen moved to appoint LuAnn Delosreyes as Deputy Clerk to
the Board. The motion was adopted by a vote of (5 -0) with Supervisors
Casteen, Bailey, Darden, Hall and Alphin voting in favor of the motion and
no Supervisors voting against the motion.
APPROVAL OF THE AGENDA
The following amendments to the agenda were offered for consideration:
Under Special Presentations, add a presentation by Delegate Rick
Morris;
Under the Parks and Recreation report, add consideration for a request
for a new Grounds Keeper;
Under the County Administrator's report, add a fee waiver request;
Under Old Business, add a presentation by a representative of Local
Choice;
Add one (1) item to the closed meeting.
Supervisor Alphin moved that the agenda be approved, as amended. The
motion was adopted by a vote of (5 -0) with Supervisors Casteen, Bailey,
Darden, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
SPECIAL PRESENTATIONS
A dog available for adoption at the County's animal shelter was displayed by
Animal Control staff.
Delegate Morris presented Supervisor Darden with House Joint Resolution
#548, agreed to by the House of Delegates on January 11, 2013 and the
Senate on January 7, 2013, commending and recognizing Delores C. Darden
for her public service and contributions to the agricultural industry in
Virginia.
Family Behavioral Health and Healing, LLC was the featured business under
the Small Business Close -up segment of the Board. Ms. Lisa Smitmer was
the guest speaker.
Woody Wilson, Isle of Wight County Public Schools, addressed the Board
regarding certain financing misconceptions with the School's iPads. Laura
Abel, Assistant Superintendent of Isle of Wight County Schools addressed
the Board regarding implementation and exploration of the iPads.
CONSENT AGENDA
A. Planning Commission Resolution of Appreciation for Nancy Guill
B. Planning Commission Resolution of Appreciation for Leah Dempsey
C. Planning Commission Resolution of Appreciation for James B. Brown,
Jr.
D. Citizen of the Year
E. Riverview Memorial Tree Garden
F. Riverview Memorial Tree Garden Application
G. Pesticide Container Recycling Program
H. The Virginia Commission of the Arts Government Challenge Grant for
the Smithfield Cultural Arts League
I. Local Emergency Management Performance Grant Opt -In Form
J. Household Hazardous Waste (HHW) Disposal
K. Route 258 Box Culvert Preliminary Engineering Study Completed by
Virginia Department of Transportation (VDOT)
L. Statement of Treasurer's Accountability
M. Delinquent Real Estate Tax Collection Monthly Report
Supervisor Darden moved that the Consent Agenda be adopted, as presented.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Bailey,
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Darden, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
REGIONAL REPORTS
Supervisor Darden reported that the allocation of new regional monies will
be discussed at a Hampton Roads Transportation Planning Organization
(HRTPO) retreat in May. She advised that the TPO received a 6% decrease
in its transportation budget and that Virginia is the only State with dedicated
funding for trains.
Supervisor Darden reported that the Hampton Roads Planning District
Commission budget has been cut by 29 %. She advised that funding for the
Hampton Roads area has been cut from a government program. She advised
that energy savings measures are being investigated for implementation at the
regional jail.
Supervisor Bailey reported on the number of inmates at the Western
Tidewater Regional Jail and advised that the kitchen renovation is close to
completion. He advised that the superintendent received a good rating and
increase in pay and a budget was adopted with no increase in local funding.
Supervisor Casteen advised that the County was awarded a grant in the
amount of $73,000 which will be used to fund a new position in the
Department of Social Services.
TRANSPORTATION MATTERS
Responsive to an inquiry from Supervisor Darden, Jamie Oliver,
Transportation Planner, advised that construction on Poor House Road will
commence in June.
Supervisor Alphin acknowledged the good work of staff in resolving the
drainage issue on Mill Swamp Road.
Supervisor Alphin requested staff to pass along to the Board any concerns of
citizens who have properties that might be affected by the Route 460
transportation project.
Kathy Haltrey of Carrsville inquired about the status of the Route 258 bridge
replacement in Carrsville with respect to the purchase of certain properties.
She advised that she owns two (2) pieces of land which back up to the
Carrsville Bridge. She advised that VDOT has not maintained the ditches at
that site causing drainage issues at a nearby home.
Ms. Oliver offered to contact VDOT and request that the status of this project
be presented to the Board at a future meeting.
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CITIZENS COMMENTS
Jordan Hoffstettler distributed a list containing the names of sixty (60)
homeowners from the Edgewood Estates Subdivision requesting that
Profound Crossfit cease using O'Meara Drive as a training center due to
safety concerns.
Andreu Gregory, representing CASA, briefed the Board on that
organization's mission and requested the County's continued financial
support in the amount of $32,986.
BOARD COMMENTS
Regarding the comments of Mr. Hoffstettler under Citizens' Comments
concerning Profound Fit utilizing O'Meara Drive as a training center,
Attorney Popovich offered to research whether this is a County or VDOT
responsibility.
COUNTY ATTORNEY'S REPORT
County Attorney Popovich presented a proposed lease amendment between
the County and Christian Outreach Program related to insurance coverage for
the Board's consideration.
Supervisor Casteen moved to authorize the Chairman to execute this Lease
Agreement Amendment on behalf of the Board. The motion was adopted by
a vote of (5 -0) with Supervisors Casteen, Bailey, Darden, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
County Attorney Popovich advised that he would be bringing a proposed
Ordinance amendment to impose a civil penalty for the unauthorized use of
hydrants back to the Board at its May 16, 2013 meeting as the public notice
was not properly effectuated.
County Attorney Popovich presented an Indefinite Engineering Services
Agreement between the County and DJG, Inc. for the provision of
professional engineering services as may be needed by the County.
Supervisor Casteen moved that the Chairman be authorized to execute the
Agreement on behalf of the Board. The motion was adopted by a vote of (5-
0) with Supervisors Casteen, Bailey, Darden, 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 between the County and Parrish -Layne Design Group for the
provision of professional engineering services as may be needed by the
County.
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Supervisor Casteen moved that the Chairman be authorized to execute the
Agreement on behalf of the Board. The motion was adopted by a vote of (5-
0) with Supervisors Casteen, Bailey, Darden, Hall and Alphin voting in favor
of the motion and no Supervisors voting against the motion.
COMMUNITY DEVELOPMENT REPORT
Kim Hummel, Environmental Planner, presented the County's Septic Pump -
Out Program to the Board.
Beverly H. Walkup, Director of Planning and Zoning, updated the Board on
the 2012 Cash Proffer Study.
Supervisor Bailey moved that staff be directed to send the 2012 Cash Proffer
Study back to the Planning Commission for public hearing in order to
develop an appropriate Cash Proffer Policy. The motion was adopted by a
vote of (5 -0) with Supervisors Casteen, Bailey, Darden, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
PARKS AND RECREATION REPORT
Stan Murrell, Vice Chairman of the Fair and Entertainment Chairman,
requested the Board's approval to move the stage at the Fair Grounds to the
front of the property.
Supervisor Alphin moved that the Board agrees with the recommendation of
the Fair Committee to move the main stage with the caveat that there will be
no cost to the County. The motion was adopted by a vote of (5 -0) with
Supervisors Casteen, Bailey, Darden, Hall and Alphin voting in favor of the
motion and no Supervisors voting against the motion.
Mr. Furlo requested the Board to waive the 90 -day holding period and hire a
new Groundskeeper.
Supervisor Bailey moved that the holding period to hire a new
Groundskeeper be waived. The motion was adopted by a vote of (5 -0) with
Supervisors Casteen, Bailey, Darden, Hall and Alphin voting in favor of the
motion and no Supervisors voting against the motion.
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Chairman Hall declared a break. The Board returned to open session.
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GENERAL SERVICES REPORT
Eddie P. Wrightson, Director of General Services, provided a presentation on
funding options for the County's Stormwater Management Program.
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PUBLIC HEARINGS
At 7:00 p.m., Chairman Hall called for a public hearing on the following:
A. Proposed FY 2014 -2018 Capital Improvement Plan (CIP)
County Attorney Popovich certified that the Capital Improvement Plan has
been properly advertised for public hearing.
Donald T. Robertson, Director of Information Resources and Legislative
Affairs, stated that the Capital Improvements Plan was developed by the
Planning Commission in conjunction with the various County departments
and includes funding for schools, public safety /fire and rescue and certain
engineering projects.
Chairman Hall called for citizens to speak in favor of or in opposition to the
proposed Plan.
Amy Britt of Smithfield indicated her support of the proposed renovations to
Hardy Elementary School.
Melvin Blackwell, Pastor, Little Zion Baptist Church, indicated his support
of the proposed renovations to Hardy Elementary School.
Herb DeGroft, 25411 Mill Swamp Road, voiced the need for funding to
replace certain school buses.
Stephanie Bailey, Isle of Wight Education Association, spoke in favor of full
funding for the school system. She stated there is a need for compromise
between the Board of Supervisors and the School Board. She further stated
school teachers and support staff need to be retained.
Katrina Zukaris requested that the issues related to the HVAC and security
scanner located at the front and rear of Hardy Elementary School be a top
priority of the Board.
Ed Easter of Carrollton thanked the Board for its public service. He spoke in
favor of increased taxes if additional revenue is needed in order to support
the needs of the school system and its infrastructure.
Ellen Banker of Carrollton encouraged the Board to continue placing the
County's funding of the school system and its infrastructure as a priority.
Chairman Hall closed the public hearing and called for comments from the
Board.
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The Board was advised by Mr. Robertson of a request to remove $50,000 in
funding for the Red Cross which was designated for FY13 -14. The Board
was further advised that the school system is requesting $170,000 be added
back into the Capital Improvement Plan for FY13 pertaining to a study and
drainage improvements at Hardy Elementary School which was not included
in the Planning Commission's approval of the Plan.
Supervisor Casteen moved that the Capital Improvements Plan be approved,
as amended, removing $50,000 for the Red Cross, for a total of $8,969,779 in
FY2013 -14 and adding $170,000 for a study and drainage improvements at
Hardy Elementary School in FY2014 -15. The motion was adopted by a vote
of (5 -0) with Supervisors Casteen, Bailey, Darden, 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:
B. An Ordinance to Amend and Reenact the Isle of Wight County Code,
Appendix B, Zoning, Article III, Section 3 -6000 (Commercial Use
Types). The purpose of the ordinance amendment is to update the
County's current Zoning Ordinance regulating the requirements for
dance halls to conform to Chapter 12, Offenses - Miscellaneous.
Beverly H. Walkup, Director of Planning and Zoning, presented the proposed
Ordinance amendments to the Board.
Chairman Hall called for citizens to speak in favor of or in opposition to the
proposed Ordinance amendments.
No one appeared and spoke.
Chairman Hall closed the public hearing and called for comments from the
Board.
Supervisor Bailey moved that the following Ordinance be adopted, as
presented:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING APPENDIX B, ZONING
ARTICLE III, SECTION 3 -6000 (COMMERCIAL USE TYPES)
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia has
the legislative authority to make reasonable changes to the ordinances that
govern the orderly growth and development of Isle of Wight County,
consistent with the Code of Virginia (1950, as amended); and
WHEREAS, the Isle of Wight County Board of Supervisors is also
concerned about the compatibility of uses on public and private lands within
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Isle of Wight County and seeks to allow flexibility in the administration of
the ordinance regulations while protecting the health, safety, and general
welfare of present and future residents and businesses of the County; and
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Article III, Section 3 -6000
(Commercial Use Types) of the Isle of Wight County Code be amended as
follows:
Sec. 3 -6000. - Commercial use types.
Adult entertainment establishment.\ An establishment having a substantial
or significant portion of its stock in trade books, magazines and other
periodicals which are distinguished or characterized by their emphasis on
matter depicting, describing or related to "specified sexual activities" or
"specified anatomical areas," or an establishment with a segment or section
devoted to the sale or display of such material. This use includes any adult
bookstore, adult mini - motion - picture theater, adult picture theater, cabaret,
massage parlor, drug paraphernalia store, or tattoo parlor.
Agricultural service.\ An establishment primarily engaged in providing
services specifically to the agricultural community which is not directly
associated with a farm operation. Included in this use type would be servicing
of agricultural equipment, independent equipment operators, and other
related agricultural services.
Antique shop.\ A place offering primarily antiques for sale. An antique
for the purposes of this ordinance shall be a work of art, piece of furniture,
decorative object, or the like, of or belonging to the past, at least thirty (30)
years old.
Auction establishment.\ A structure or enclosure where goods and /or
livestock are sold by auction.
Bed and breakfast.\ A dwelling or portion thereof, in which lodging is
provided by the owner or operator who resides on the premises. This use
offers short -term lodging rooms and meals for transient guests, none of who
remain for more than fourteen (14) consecutive nights each. This definition
shall include the term tourist home.
Boarding house.\ A single - family dwelling unit, or part thereof, with three
(3) or more rooms that are rented individually or collectively by long -term
residents (at least month -to -month tenants) as opposed to overnight or
weekly guests. A boarding house may make provisions for serving meals.
Boat repair yard.\ See "marina" listed under commercial use types.
Business support service.\ Establishment or place of business engaged in
the sale, rental or repair of office equipment, supplies and materials, or the
provision of services used by office, professional and service establishments.
Typical uses include office equipment and supply firms, small business
machine repair shops, convenience printing and copying establishments, mail
and packaging stores, as well as temporary labor services.
Business or trade school.\ A use providing education or training in
business, commerce, language, or other similar activity or occupational
pursuit, and not otherwise defined as an educational facility, either primary
and secondary, or college and university, or as a home occupation.
Campground.\ Any site, lot, parcel or tract of land on which
accommodations for temporary occupancy are located or may be placed,
including cabins, tents, and recreational equipment, recreational vehicles, and
which is primarily used for recreational purposes and retains an open air or
natural character.
Car wash.\ Washing and cleaning of vehicles. Typical uses include
automatic conveyor machines and self - service car washes.
Commercial indoor amusement.\ Establishments which provide games of
chance, skill or scoring as other than an incidental use of the premises.
Games would include pinball and video machines, pool and billiard tables
and other similar amusement or entertainment devices, whether or not they
are coin - operated, and also card games, bingo, and off -track betting. Typical
uses include game rooms, pool halls, video arcades, and bingo parlors.
Commercial indoor entertainment.\ Predominantly spectator uses
conducted within an enclosed building. Typical uses include motion picture
theaters, drama theaters, concert or music halls.
Commercial indoor sports and recreation.\ Predominantly participant uses
conducted within an enclosed building. Typical uses include bowling alleys,
ice and roller skating rinks, indoor racquetball, squash courts, swimming,
and/or tennis facilities, archery and indoor shooting ranges and similar uses.
Commercial outdoor entertainment/sports and recreation.\ Predominantly
spectator uses conducted in open or partially enclosed or screened facilities.
Typical uses include motor vehicle, boat, motorcycle or animal racing
facilities /complexes, drive -in movies, miniature golf, amphitheaters and
outdoor amusement parks, motorized cart and motorcycle tracks, and
motorized model airplane flying facilities. Professional and semi - professional
athletic fields shall also be included in this use.
Commercial outdoor swimming pool and tennis facility.\ Outdoor pools
or tennis facilities operated by a commercial entity that are open to the
general public usually requiring membership or some form of payment.
Construction office, temporary.\ A trailer used as a temporary office
during a construction operation. This use includes construction office trailers
occupied in conjunction with residential or nonresidential development.
Construction sales and service.\ Establishments or places of business
primarily engaged in retail or wholesale sale, from the premises, of materials
used in the construction -of buildings or other structures, but specifically
excluding motor vehicle or equipment supplies otherwise classified herein.
Typical uses include building material stores and home supply
establishments.
Contractor office and storage facility.\ An establishment or place of
business engaged in the construction of residential or commercial structures
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including trades that assist in building construction or remodeling including
carpentry, electrical, masonry, painting, metalworking, flooring installation,
ductwork, plumbing, heating, air conditioning, roofing, and other similar
trades.
Convenience store.\ Establishments primarily engaged in the provision of
frequently or recurrently needed goods for household consumption, such as
prepackaged food and beverages, limited household supplies and hardware.
Crematorium.\ A location used for cremation containing properly
installed, certified apparatus for this process.
Dance hall.\ Any establishment open to the general public where dancing
is permitted and a cover charge is directly or indirectly required for entry into
the establishment. However, a restaurant licensed to serve food and
beverages having a dance floor with an area not exceeding ten percent of the
total floor area of the establishment shall not be considered a dance hall.
Equipment sales and rental.\ Establishments primarily engaged in the sale
or rental of tools, trucks, tractors, construction equipment, and similar
industrial equipment. Included in this use type is the incidental storage,
maintenance, and servicing of such equipment.
Flea market.\ Occasional or periodic commercial activities held in an
open area or enclosed structure where groups of sellers rent space on a short-
term basis to display, barter, or sell goods to the general public. A fee may be
charged for expected buyers for admission, or a fee may be charged for the
privilege of offering or displaying such merchandise. A flea market is
composed of semi - closed or outdoor stalls, stands, or spaces.
Funeral home.\ Establishments engaged in undertaking services such as
preparing the dead for burial, and arranging and managing funerals. This use
excludes crematorium, which is defined separately.
Garden center.\ Establishments engaged primarily in the retail sale of
trees, shrubs, seeds, fertilizers, pesticides, plants, plant materials, and garden
supplies, primarily for agricultural, residential and commercial consumers.
Gasoline station.\ A facility for the retail sale of motor vehicle fuels, oils,
and accessories, where repair is incidental, where no more than two (2)
abandoned vehicles or other motor vehicles shall be stored on the premises.
May include the sale of propane or kerosene as an accessory use.
Golf course.\ A tract of land for playing golf, improved with tees, greens,
fairways, hazards, and which may include clubhouses and shelters. Included
would be executive or par three (3) golf courses.
Golf driving range.\ A limited area on which golf players do not walk, but
onto which they drive golf balls from a common driving tee.
Hospital.\ A building or group of buildings having room facilities for one
(1) or more patients, used for providing services for the inpatient medical or
surgical care of sick or injured humans and which may include related
facilities such as laboratories, outpatient departments, training facilities,
central service facilities, ambulance stops and helicopter landing sites, and
other incidental and subordinate uses integral to hospital operations.
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Hospital, special care.\ A special care hospital shall mean an
institution rendering care primarily for patients with mentally - related
illness, or under treatment for alcoholism, substance abuse, etc.
Hotel /motel /motor lodge /inn.\ A building or group of attached or
detached buildings containing lodging units intended primarily for rental or
lease to transients by the day or week. Such uses generally provide additional
services such as daily maid service, restaurants, taverns, or public banquet
halls, ballrooms, and meeting rooms and/or recreation facilities.
Kennel, commercial.\ The boarding, breeding, raising, grooming or
training of two (2) or more dogs, cats, or other household pets of any age not
owned by the owner or occupant of the premises.
Laundry.\ Establishments primarily engaged in the provision of
laundering, cleaning or dyeing services other than those classified as personal
services. Typical uses include bulk laundry and cleaning plants, diaper
services, or linen supply services.
Lawn and garden services.\ Establishments primarily engaged in
performing a variety of lawn and garden services, including Bermuda
sprigging services, cemetery upkeep, garden maintenance, garden planting,
lawn care, lawn fertilizing services, lawn mowing services, lawn mulching
services, lawn seeding services, lawn spraying services, lawn sprigging
services, mowing highway center strips and edges, seeding highway strips,
sod laying and turf installation.
Manufactured home sales.\ Establishment primarily engaged in the
display, retail sale, rental, and minor repair of new and used manufactured
homes, parts, and equipment.
Marina.\ A use for docking or mooring of more than four (4) boats
(excluding paddle or rowboats) or providing services to boats, including
servicing and repair, sale of fuel and supplies, and provisions of lodging,
goods, beverages. A yacht or boat club shall be considered a marina.
Medical clinic.\ A facility providing medical, psychiatric, or surgical
service for sick or injured persons exclusively on an outpatient basis
including emergency treatment, diagnostic services, training, administration
and services to outpatients, employees, or visitors. This use may include
ambulance stops, helicopter landing sites, and other incidental and
subordinate uses integral to providing outpatient care. This would include
medical offices in excess of ten thousand (10,000) square feet of floor area.
MiniwarehouseA A building designed to provide rental storage space in
cubicles where each cubicle has a maximum floor area of four hundred (400)
square feet. Each cubicle shall be enclosed by walls and ceiling and have a
separate entrance for the loading and unloading of stored goods.
Motor vehicle dealership, new.\ The use of a building, land area or other
premises for the display of new and used automobiles, trucks, vans, or
motorcycles for sale or lease, including warranty repair work and other major
and minor repair service conducted as an accessory use.
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Motor vehicle dealership, used.\ Any lot or establishment where two (2)
or more used motor vehicles, including automobiles, trucks, and motorcycles
are displayed at one (1) time for sale or lease, including warranty repair work
and other major and minor repair service conducted as an accessory use.
Motor vehicle /outdoor storage.\ The outdoor storage of motor vehicles,
and boats. Motor vehicles in this use shall include cars, trucks, sports utility
vehicles, motorcycles, boats, motor homes or RVs.
Motor vehicle parts /supply, retail.\ Retail sales of automobile parts and
accessories. Typical uses include automobile parts and supply stores which
offer new and factory rebuilt parts and accessories, and include
establishments which offer minor automobile repair services.
Motor vehicle /rental.\ Rental of motor vehicles and light trucks and vans,
including incidental parking and servicing of vehicles for rent or lease.
Typical uses include auto rental agencies and taxicab dispatch areas.
Motor vehicle repair service /major.\ Repair of construction equipment,
commercial trucks, agricultural implements and similar heavy equipment,
including automobiles, where major engine and transmission repairs are
conducted. Typical uses include automobile and truck repair garages,
transmission shops, radiator shops, body and fender shops, equipment service
centers, machine shops and other similar uses where major repair activities
are conducted.
Motor vehicle repair service /minor.\ Repair of automobiles,
noncommercial trucks, motorcycles, motor homes, recreational vehicles, or
boats, including the sale, installation, and servicing of equipment and parts.
Typical uses include tire sales and installation, wheel and brake shops, oil
and lubrication services, automobile glass repair and similar repair and
service activities where minor repairs and routine maintenance are conducted.
Pawn shop.\ A use engaged in the loaning of money on the security of
property pledged in the keeping of the pawnbroker and the incidental sale of
such property.
Personal improvement service.\ Establishment primarily engaged in the
provision of informational, instructional, personal improvements and similar
services. Typical uses include driving schools, health fitness centers or gyms,
reducing salons, dance studios, handicraft and hobby instruction facilities.
Personal service.\ Establishment or place of business engaged in the
provision of frequently or recurrently needed services of a personal nature.
Typical uses include beauty and barber shops; grooming of pets;
seamstresses, tailors, or shoe repairs; florists; and laundromats and dry
cleaning stations serving individuals and households.
Real estate office, temporary.\ A class A or B manufactured home, single -
family home or other structure used on a temporary basis as a real estate sales
office in conjunction with residential development.
Recreational vehicle sales and service.\ Retail sales of recreational
vehicles and boats, including service and storage of vehicles and parts and
related accessories.
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Restaurant, drive -in fast food.\ An establishment primarily engaged in the
preparation of food and beverages, for either take -out, delivery or table
service, primarily served in disposable containers at a counter, a drive -up or
drive - through service facility or offers curb service.
Restaurant, general.\ An establishment engaged in the preparation of food
and beverages. This use is characterized by table service to customers in
nondisposable containers.
Retail sales.\ Sale or rental with incidental service of goods and
merchandise for personal or household use which is not otherwise
specifically described in the listing of commercial use types contained herein.
Such uses include bakeries, drug stores, bookstores, furniture, gifts,
hardware, grocery stores, clothing stores, and floral retail shops.
Studio, fine arts.\ A building, or portion thereof, used as a place of
business for visual art, which may include sculptors, artists or photographers.
Taxidermy.\ A building where animal skins are prepared, stuffed and
mounted for sale.
Truck stop.\ An establishment containing a mixture of uses which cater to
the traveling public and in particular motor freight operators. A truck stop
might include such uses as fuel pumps, restaurants, overnight
accommodations, retail sales related to the motor freight industry, and similar
uses.
Truck terminal.\ See "warehousing and distribution" listed under
industrial use types.
Veterinary hospital /clinic.\ Any establishment rendering surgical and
medical treatment of animals. Boarding of animals shall only be conducted
indoors, on a short-term basis, and shall only be incidental to such
hospital /clinic use, unless also authorized and approved as a commercial
kennel. (7 -7 -05; 8- 21 -08; 12- 18 -08; Ord. No. 2012 -10 -C, 10- 18 -12.)
The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Bailey,
Darden, 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. An Ordinance to Amend and Reenact the Isle of Wight County Code
by amending and reenacting Appendix B, Zoning, Article IV to include
Restaurant, drive -in fast food as a permitted or a conditional use in
various zoning districts; Section 5 -1004 to clarify where conditional
use permits are required for drive through facilities; Section 10 -1013 to
include language for dual drive through lanes; and to make technical
amendments to Table 1.
Ms. Walkup presented the proposed Ordinance amendments to the Board.
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Chairman Hall called for citizens to speak in favor of or in opposition to the
proposed Ordinance amendments.
No one appeared and spoke.
Chairman Hall closed the public hearing and called for comments from the
Board.
Supervisor Darden moved to adopt the following Ordinance, as presented:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND
REENACTING APPENDIX B, ZONING, ARTICLE IV TO INCLUDE
RESTAURANT, DRIVE -IN FAST FOOD AS A PERMITTED OR A
CONDITIONAL USE IN VARIOUS ZONING DISTRICTS; SECTION 5-
1004 TO CLARIFY WHERE CONDITIONAL USE PERMITS ARE
REQUIRED FOR DRIVE THROUGH FACILITIES; SECTION
10 -1013 TO INCLUDE LANGUAGE FOR DUAL DRIVE THROUGH
LANES; AND TO MAKE TECHNICAL AMENDMENTS TO TABLE 1
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has the legislative authority to make reasonable changes to the
ordinances that govern the orderly growth and development of Isle of Wight
County; and
WHEREAS, the Isle of Wight County Board of Supervisors is also
concerned about the compatibility of uses on public and private lands within
Isle of Wight County and seeks to allow flexibility in the administration of
the ordinance regulations while protecting the health, safety, and general
welfare of present and future residents and businesses of the County.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Section 4 -8003, Conditional
Uses, of the Isle of Wight County Code be amended and reenacted as
follows:
Sec. 4 -8003. - Conditional uses.
The following uses are allowed only by conditional use permit pursuant
to section 1 -1017. An asterisk ( *) indicates additional, modified or more
stringent standards which are listed in section 5 -5000, supplementary use
regulations, for those specific uses.
A. Agricultural uses:
Greenhouse, private
B. Residential uses:
* Accessory apartment
- Residential accessory apartment
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* Community recreation
C. Civic uses:
* Cemetery
• Church
Club
Cultural service
* Educational facility, primary /secondary
Halfway house
Life care facility
* Nursing home
Post office
* Public park and recreational area
Public safety service
* Religious assembly
* Utility service /major
D. Commercial uses:
* Bed and breakfast
Boarding house
* Commercial indoor sports and recreation
* Commercial outdoor swimming pool and tennis facility
* Golf course
* Marina
* Restaurant, drive -in fast food
Restaurant, general
Retail sales
Studio, fine arts
E. Miscellaneous uses:
* Reconstructed wetland
(7 -7 -05, 04- 18 -13.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 4-
15
9003, Conditional Uses, of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 4 -9003. - Conditional uses.
The following uses are allowed only by conditional use permit pursuant
to section 1 -1017. An asterisk ( *) indicates additional, modified or more
stringent standards which are listed in section 5 -5000, supplementary use
regulations, for those specific uses.
A. Agricultural uses:
* Forestry operation
• Timbering
B. Residential uses:
Group home
* Multifamily dwelling
C. Civic uses:
* Adult care center
* Cemetery
• Public
* Child care center
Club
Cultural service
Public assembly
* Utility service /major
D. Office uses:
Laboratory
E. Commercial uses:
Business or trade school
Car wash
Commercial indoor amusement
Commercial indoor entertainment
* Commercial outdoor swimming pool and tennis facility
* Contractor office and storage facility
* Convenience store
* Crematorium
16
* Garden center
* Gasoline station
* Golf course
Hospital
Hospital, special care
Hotels /motels /motor lodge /inn
* Kennel, commercial
* Marina
Medical clinic
* Motor vehicle repair service /minor
* Restaurant, drive -in fast food
Restaurant general
Retail sales
Studio, fine arts
F. Industrial uses:
* Construction yard
Custom manufacturing
* Landfill, rubble
G. Miscellaneous uses:
* Communication tower
Parking facility, surface /structure
* Reconstructed wetland
(7 -7 -05; Ord. No. 2012 -10 -C, 10- 18 -12, 04- 18 -13.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 4-
10002, Permitted Uses, of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 4- 10002. - Permitted uses.
The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk ( *) indicates additional,
modified or more stringent standards which are listed in section 5 -5000,
supplementary use regulations, for those specific uses.
A. Agricultural uses:
17
Agriculture
• Assembly and repair of farm equipment
Farmer's market
* Forestry operation
• Forestry, silvicultural
B. Residential uses:
* Accessory apartment
• Commercial accessory apartment
C. Civic uses:
Administrative service
Adult care center
* Child care center
* Child care institution
Club
* Community center
Crisis center
Cultural service
Life care facility
* Nursing home
Park and ride facility
Post office
Public assembly
* Public park and recreational area
Public safety service
Rehabilitation service
* Utility service /minor
D. Office uses:
Financial institution
General office
Medical office
E. Commercial uses:
Agricultural service
In
• Farm supplies, equipment sales and service
• Commercial assembly and repair of all equipment normally used in
agricultural, silvicultural, and horticultural operation
• Farm and forestry implement storage, sales and service
* Antique shop
Auction establishment
* Bed and breakfast
Business support service
Business or trade school
Commercial indoor amusement
Commercial indoor entertainment
* Commercial indoor sports and recreation
* Construction office, temporary
Construction sales and service
* Contractor office and storage facility
* Funeral home
* Garden center
* Golf course
Hospital
Hotel /motel /motor lodge /inn
Lawn and garden services
* Marina
Medical clinic
* Motor vehicle dealership /new
* Motor vehicle parts /supply and retail
* Motor vehicle/ rental
* Motor vehicle repair service /minor
Pawn shop
Personal improvement service
Personal service
* Restaurant, drive -in fast food
Restaurant, general
19
Retail sales
Studio, fine arts
Taxidermy
Veterinary hospital /clinic
F. Industrial uses:
* Construction yard
Custom manufacturing
G. Miscellaneous uses:
* Amateur radio tower
(7 -7 -05; Ord. No. 2012 -10 -C, 10- 18 -12, 04- 18 -13.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 4-
10003, Conditional Uses of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 4- 10003. - Conditional uses.
The following uses are allowed only by conditional use permit pursuant
to section 1 -1017. An asterisk ( *) indicates additional, modified or more
stringent standards which are listed in section 5 -5000, use and design
standards, for those specific uses.
A. Agricultural uses:
* Forestry operation
• Timbering operation
* Livestock auction market
* Stable, commercial
• Not in conjunction with residence
B. Civic uses:
Assisted living facility
* Cemetery
• Church
Educational facility, college /university
* Public maintenance and service facility
* Religious assembly
* Utility service /major
20
C. Office uses:
Laboratory
D. Commercial uses:
Car wash
* Commercial outdoor entertainment /sports and recreation
* Commercial outdoor swimming pool and tennis facility
* Convenience store
* Crematorium
Dance hall
Equipment sales and rental
* Flea market
* Gasoline station
* Golf driving range
Hospital, special care
* Kennel, commercial
Laundry
Manufactured home sales
* Miniwarehouse
* Motor vehicle dealership /used
Motor vehicle /outdoor storage
* Motor vehicle repair service /major
Recreational vehicle sales and service
Truck stop
E. Industrial uses:
Convenience center
* Landfill, rubble
* Recycling center
F. Miscellaneous uses:
* Communication tower
Parking facility, surface /structure
* Reconstructed wetland
(7 -7 -05, 04- 18 -13.)
21
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 4-
11003, Conditional Uses of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 4- 11003. - Conditional uses.
The following uses are allowed only by conditional use permit pursuant
to section 1 -1017. An asterisk ( *) indicates additional, modified or more
stringent standards which are listed in section 5 -5000, supplementary use
regulations, for those specific uses.
A. Agricultural uses:
Agriculture
* Agricultural farming operation
* Forestry operation
* Timbering
* Sawmill
B. Civic uses:
* Utility service /major
C. Commercial uses:
Agricultural service
* Farm supplies, equipment sales and service
Business support service
* Hotel /motel /motor lodge /inn
Personal improvement service
Personal service
* Restaurant, drive -in fast food
Restaurant, general
D. Industrial uses:
Industry, Type II
* Landfill, rubble
E. Miscellaneous uses:
* Communication tower
Parking facility, surface /structure
* Reconstructed wetland
22
(7 -7 -05; Ord. No. 2012 -10 -C, 10- 18 -12, 04- 18 -13.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 4-
17002, Permitted Uses of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 4- 17002. - Permitted uses
The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk ( *) indicates additional,
modified or more stringent standards which are listed in section 5 -5000,
supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Forestry operation
• Forestry, silvicultural
B. Civic uses:
* Adult care center
* Child care center
* Community center
Park and ride facility
Post office
Public assembly
* Public maintenance and service facility
Public safety service
* Utility service /minor
C. Office uses:
Financial institution
General office
Medical office
D. Commercial uses:
Agricultural service
• Farm supplies, equipment sales and service
* Antique shop
Business support service
Commercial indoor entertainment
23
* Commercial indoor sports and recreation
* Construction office, temporary
* Contractor office and storage facility
* Funeral home
* Gasoline station
* Golf course
Hotel /motel /motor lodge /inn
* Marina
* Miniwarehouse
* Motor vehicle dealership /new
* Motor vehicle parts /supply, retail
* Motor vehicle /rental
Personal improvement service
Personal service
* Restaurant, drive -in fast food
Restaurant, general
Retail sales
Studio, fine arts
Veterinary hospital /clinic
E. Miscellaneous uses:
* Amateur radio tower
(7 -7 -05; Ord. No. 2012 -10 -C, 10- 18 -12, 04-18-13.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 4-
17003, Conditional Uses of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 4- 17003. - Conditional uses.
The following uses are allowed only by conditional use permit pursuant
to section 1 -1017. An asterisk ( *) indicates additional, modified or more
stringent standards which are listed in section 5 -5000, supplementary use
regulations, for those specific uses.
A. Agricultural uses:
* Forestry operation
24
• Timbering
B. Residential uses:
* Accessory apartment
• Commercial accessory apartment
C. Civic uses:
Club
Educational facility, college /university
* Utility service /major
D. Office uses:
Laboratory
E. Commercial uses:
Business or trade school
Car wash
Commercial indoor amusement
* Commercial outdoor entertainment/sports and recreation
* Commercial outdoor swimming pool and tennis facility
Construction sales and service
* Convenience store
Hospital
Hospital, special care
* Kennel, commercial
Medical clinic
* Motor vehicle dealership /used
Motor vehicle /outdoor storage
* Motor vehicle repair service /major
* Motor vehicle repair service /minor
Recreational vehicles, sales and service
F. Industrial uses:
Custom manufacturing
Industry, Type I
G. Miscellaneous uses:
* Aviation facility, general
25
* Communication tower
Parking facility, surface /structure
* Reconstructed wetland
(7 -7 -05, 04- 18 -13.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 4-
18002, Permitted Uses of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 4- 18002. - Permitted uses.
The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk ( *) indicates additional,
modified or more stringent standards which are listed in section 5 -5000,
supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Forestry operation
• Forestry, silvicultural
B. Residential uses:
* Accessory apartment
• Commercial accessory apartment
* Community recreation
* Condominium
Dwelling, single - family
* Family day care home
* Home occupation, Type I
* Multifamily dwelling
* Temporary emergency housing
* Townhouse
C. Civic uses:
* Cemetery
• Private
* Community center
Cultural service
* Educational facility, primary /secondary
26
* Public park and recreational area
Public safety service
* Utility service /minor
D. Office uses:
Financial institution
General office
E. Commercial uses:
* Antique shop
* Bed and breakfast
Business support service
* Construction office, temporary
* Golf course
* Motor vehicle parts /supply, retail
Personal improvement service
Personal service
Real estate office, temporary
* Restaurant, drive -in fast food
Restaurant, general
Retail sales
Studio, fine arts
Veterinary hospital /clinic
F. Miscellaneous uses:
* Amateur radio tower
(7 -7 -05; Ord. No. 2011 -13 -C, 8 -4 -11, 04-18-13.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 4-
18003, Conditional Uses of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 4- 18003. - Conditional uses.
The following uses are allowed only by conditional use permit pursuant
to section 1 -1017. An asterisk ( *) indicates additional, modified or more
stringent standards which are listed in section 5 -5000, supplementary use
regulations, for those specific uses.
27
A. Agricultural uses:
* Agriculture
• Assembly and repair of farm equipment
Farmer's market
* Forestry operation
• Timbering
Greenhouse, private
* Stable, commercial
• In conjunction with residence
• Not in conjunction with residence
* Stable, private
B. Residential uses:
* Accessory apartment
• Residential accessory apartment
* Dwelling, multifamily conversion
* Dwelling, two - family
Group home
C. Civic uses:
* Adult care center
Assisted living facility
* Cemetery
• Church
• Public
* Child care center
Club
Educational facility, college /university
Halfway house
Life care facility
* Nursing home
Park and ride facility
Post office
Public assembly
li
* Religious assembly
* Utility service /major
D. Office uses:
Medical office
E. Commercial uses:
Agricultural service
• Farm supplies, equipment sales and service
• Commercial assembly and repair of all equipment normally used in
agricultural, silvicultural, and horticultural operation
Boarding house
Business or trade school
Commercial indoor amusement
Commercial indoor entertainment
* Commercial indoor sports and recreation
* Commercial outdoor entertainment /sports and recreation
* Commercial outdoor swimming pool and tennis facility
* Convenience store
* Funeral home
* Garden center
* Gasoline station
* Golf driving range
Hospital
Hospital, special care
Hotel /motel /motor lodge /inn
* Kennel, commercial
* Marina
Medical clinic
* Miniwarehouse
Motor vehicle /outdoor storage
* Motor vehicle repair service /minor
F. Industrial uses:
* Construction yard
W
Custom manufacturing
G. Miscellaneous uses:
* Aviation facility, general
* Aviation facility, private
* Communication tower
Parking facility, surface /structure
* Reconstructed wetland
(7 -7 -05; Ord. No. 2011 -13 -C, 8 -4 -11, 04-18-13.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 4-
19002, Permitted Uses of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 4- 19002. - Permitted uses.
The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk ( *) indicates additional,
modified or more stringent standards which are listed in section 5 -5000,
supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Agriculture
• Fertilizer storage
• Assembly and repair of farm equipment
* Forestry operation
• Forestry, silvicultural
B. Civic uses:
Park and ride facility
* Public maintenance and service facility
Public safety service
* Utility service /major
* Utility service /minor
C. Office uses:
Laboratory
D. Commercial uses:
Agricultural service
30
• Farm supplies, equipment sales and service
• Commercial assembly and repair of all equipment normally used in
agricultural, silvicultural, and horticultural operation
Business support service
* Construction office, temporary
* Contractor office and storage facility
* Convenience store
Equipment sales and rental
* Gasoline station
Laundry
Lawn and garden services
* Marina
* Miniwarehouse
* Motor vehicle parts /supply, retail
* Motor vehicle /rental
* Motor vehicle repair service /major
* Motor vehicle repair service /minor
Personal improvement service
Personal service
* Restaurant, drive -in fast food
Restaurant, general
E. Industrial uses:
* Construction yard
Custom manufacturing
Industry, Type I
Industry, Type II
Meatpacking
Transfer station
Warehousing and distribution
F. Miscellaneous uses:
* Amateur radio tower
Parking facility, surface /structure
31
(7 -7 -05; 8- 21 -06; Ord. No. 2012 -10 -C, 10- 18 -12, 04- 18 -13.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 5-
1004, Accessory Uses of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 5 -1004. - Accessory uses.
The district regulations classify different principal uses according to their
different impacts. Whenever a residential, civic, office, commercial,
industrial, or miscellaneous activity (which may or may not be separately
listed as a principal use) is conducted in conjunction with another principal
use and that activity constitutes only an incidental or insubstantial part of the
total use that takes place on a lot, then the activity shall be regarded as
accessory to the principal use and shall be carried on in accordance with the
permit issued for the principal use.
For purpose of interpreting this section;
A. A use may be regarded as incidental or insubstantial if it is incidental
or insubstantial in and of itself or in relation to the principal use.
B. An accessory use does not have to be connected with a principle use.
However, their association must take place with sufficient frequency
that there is common acceptance of their relatedness.
C. Portable on demand storage (POD) units shall be considered a
temporary structure. They are permitted for use for a total of sixty (60)
days, after which a zoning permit must be obtained through the
planning and zoning department.
D. The operation of a drive - through facility associated with any use
located outside the established boundaries of any development service
district (DSD) shall require a conditional use permit.
(7 -7 -05, 04- 18 -13.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 10-
1013, Stacking Spaces and Drive - through Facilities of the Isle of Wight
County Code be amended and reenacted as follows:
Sec. 10 -1013. - Stacking spaces and drive - through facilities.
A. Stacking spaces shall be provided for any use having a drive - through
facility. The following general standards shall apply to all stacking spaces
and drive - through facilities:
1. Stacking spaces and lanes for drive - through stations shall not impede
on- and off -site traffic movements, shall not cross or pass through off -
street parking areas, and shall not create a potentially unsafe condition
where crossed by pedestrian access to a public entrance of a building.
32
2. Drive - through lanes shall be separated from off - street parking areas.
Individual lanes shall be striped, marked or otherwise distinctly
delineated.
3. Approach lanes for drive - through facilities shall have the following
minimum widths:
a. One lane = twelve (12) feet.
b. Two or more lanes = ten (10) feet per lane.
4. All drive - through facilities shall be provided with a bypass lane with a
minimum width of ten (10) feet.
5. Alleys or driveways in residentially zoned areas adjacent to drive -
through facilities shall not be used for circulation of customer traffic.
6. Each stacking space shall be a minimum of ten (10) feet by twenty
(20) feet.
B. Stacking spaces shall be provided as follows:
1. Financial institutions with drive - through windows. ..... Six (6)
stacking spaces for the first drive - through window and three (3)
stacking spaces for each additional window.
2. Car wash...... Four (4) stacking spaces per bay /stall for self - service
establishments, and five (5) stacking spaces per bay /stall for an
automated establishment.
3. Drive -in or fast food restaurant...... Six (6) stacking spaces per drive -
through window measured from the order board or station. In the
instance where there are multiple order board or stations and only one
drive through window where food and /or beverages are delivered to
the consumer, then the total number of required stacking spaces
referenced above may be divided between the multiple order boards or
stations.
4. All other uses...... Three (3) stacking spaces for each window.
(7 -7 -05, 04- 18 -13.)
The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Bailey,
Darden, 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:
D. An Ordinance to Amend and Reenact the Isle of Wight County Code
by amending and reenacting Appendix B, Zoning, Section 1 -1016,
Conditional Zoning to clarify that governing body's decision shall be
appealable to the circuit court; Section 1 -1017, Conditional Uses to
make a technical amendment; Section 1 -1018, Special Use Permits for
uses not provided for to clarify the Special Use Permit application
process; Section 1 -1019, Provisions for appeals, variances and
interpretations to make a technical amendment and to clarify that in the
411
case of a tie vote for an appeal, the person filing the appeal may have
the matter carried over until the next meeting.
Ms. Walkup presented the proposed Ordinance amendments to the Board.
Chairman Hall called for citizens to speak in favor of or in opposition to the
proposed Ordinance amendments.
No one appeared and spoke.
Chairman Hall closed the public hearing and called for comments from the
Board.
Supervisor Alphin moved to adopt the following Ordinance, as amended:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND
REENACTING APPENDIX B, ZONING, SECTION 1 -1016,
CONDITIONAL ZONING, TO CLARIFY THE GOVERNING BODY'S
DECISION SHALL BE APPEALABLE TO THE CIRCUIT COURT;
SECTION 1 -1017, CONDITIONAL USES, TO MAKE A TECHNICAL
AMENDMENT; SECTION 1 -1018, SPECIAL USE PERMITS FOR USES
NOT PROVIDED FOR, TO CLARIFY THE SPECIAL USE
APPLICATION PROCESS; SECTION 1 -1019, PROVISIONS FOR
APPEALS, VARIANCES AND INTERPRETATIONS, TO MAKE A
TECHNICAL AMENDMENT AND TO CLARIFY THAT IN THE CASE
OF A TIE VOTE FOR AN APPEAL, THE PERSON FILING THE APPEAL
MAY HAVE THE MATTER CARRIED OVER UNTIL THE NEXT
MEETING
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has the legislative authority to make reasonable changes to the
ordinances that govern the orderly growth and development of Isle of Wight
County; and
WHEREAS, the Isle of Wight County Board of Supervisors is also
concerned about the compatibility of uses on public and private lands within
Isle of Wight County and seeks to allow flexibility in the administration of
the ordinance regulations while protecting the health, safety, and general
welfare of present and future residents and businesses of the County.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Section 1 -1016, Conditional
Zoning, of the Isle of Wight County Code be amended and reenacted as
follows:
34
Sec. 1 -1016. - Conditional zoning.
A. In order to provide a more flexible and adaptable zoning method to
permit differing land uses and to recognize effects of change, conditional
zoning is permitted. That is, a zoning reclassification may be allowed subject
to certain conditions proffered by the zoning applicant for the protection and
well -being of the community that are not generally applicable to land
similarly zoned.
B. The owner of land seeking a rezoning may provide, by voluntarily
proffering in writing, reasonable conditions as part of the application for
rezoning, for which such conditions or proffers are in addition to the
regulations provided for the zoning district. Proffered conditions shall
constitute a part of the rezoning or amendment to the zoning map and shall
remain in effect even if the property is sold.
1. Conditional uses may be considered as a permitted use and granted
by the board of supervisors when included as a part of a conditional
zoning amendment, and shall not require a separate conditional use
permit application.
C. The terms of all proffered conditions must be submitted in writing by the
owner ten (10) days prior to a public hearing before the board of supervisors
provided that the conditions are in accordance with the following:
1. The rezoning itself gives rise to the need for the conditions;
2. Such conditions have a reasonable relation to the rezoning; and;
3. All such conditions are in conformity with the Isle of Wight County
Comprehensive Plan.
D. In determining the reasonableness and acceptability of voluntary
proffers, the board of supervisors of Isle of Wight County, Virginia, will
follow the most recent cash proffer resolution and its supporting study, as a
guide together with the most current capital improvements plan of Isle of
Wight County, Virginia.
E. There shall be no amendment or variation of proffered conditions part of
an approved rezoning until after a public hearing before the board of
supervisors advertised pursuant to the provisions of this ordinance. However,
where an amendment to the proffered conditions is requested by the
applicant, and where such amendment does not affect conditions of use or
density, the board of supervisors may waive the requirements of a public
hearing. Once so amended, the proffered conditions shall continue to be an
amendment to the ordinance and may be enforced by the zoning
administrator pursuant to the provisions of the ordinance.
F. The zoning administrator is vested with all necessary authority on behalf
of the governing body of the locality to administer and enforce conditions
attached to a rezoning or amendment to a zoning map. Any zoning applicant
or any other person who is aggrieved by a decision of the zoning
administrator may petition the governing body for review of the decision of
35
the zoning administrator. All petitions for review shall be filed with the
zoning administrator and with the clerk of the governing body within thirty
(30) days from the date of the decision for which review is sought and shall
specify the grounds upon which the petitioner is aggrieved. A decision by the
governing body on an appeal taken pursuant to this section shall be binding
upon the owner of the property which is the subject of such appeal only if the
owner of such property has been provided written notice of the zoning
violation, written determination, or other appealable decision. An aggrieved
party may petition the circuit court for review of the decision of the
governing body on an appeal taken pursuant to this section. Every action
contesting a decision of the local governing body adopting or failing to adopt
a proposed zoning ordinance or amendment thereto or granting or failing to
grant a special exception shall be filed within thirty (30) days of the decision
with the Isle of Wight County Circuit Court. Nothing herein shall be
construed to create any new right to contest the action of the local governing
body.
(7 -7 -05; 9- 24 -09; Ord. No. 2011 -1 -C, 1 -6 -11, 4-18-13)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 1-
1017, Conditional Uses, of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 1 -1017. - Conditional uses.
A. General description.
1. The board of supervisors after public notice and hearing and upon
recommendation by the planning commission may authorize the
issuance of conditional use permit in harmony with the general
purpose and intent, as hereinafter provided, and subject to appropriate
conditions.
2. If the board of supervisors shall determine that a conditional use
provided for in this ordinance will conform to the general character of
the neighborhood to which the proposed use will apply and that the
public health, morals safety and general welfare of such neighborhood
will be secure by the granting of such conditional use, subject to the
safeguards imposed by the board, then the board of supervisors may
authorize the issuance of a permit. Such permits may be granted for a
temporary period or permanently, as determined by the board and, if
granted for a temporary period, application for extension of same will
be subject to a public hearing as required in the original application.
B. Initiation of conditional use.
1. Any property owner or other person with an enforceable legal interest
in a property may file an application to use such land for one (1) or
more of the conditional uses provided for in the zoning district
classification in which the land is located.
36
2. All real estate taxes and any outstanding fees or charges must be
current at such time an application is submitted for a conditional use
permit.
C. Application for conditional use...... An application for conditional use
shall be filed with the zoning administrator on a form prescribed by the
zoning administrator. The application shall be accompanied by such plans
and/or data as necessary, and shall include a statement in writing by the
applicant and adequate evidence showing that the proposed use will
conform to the standards set forth. Such application shall be forwarded
from the zoning administrator to the planning commission for review and
recommendation. The planning commission shall conduct a public
hearing and render a recommendation on the application, which shall be
forwarded to the board of supervisors.
D. Fees...... An application for conditional use permit shall be accompanied
by the prescribed application fee listed in Table 3 of this ordinance (Isle
of Wight County Fee Schedule).
E. Fees for engineering /consultant review. ..... If in the discretion of the
county review of any request for a conditional use permit by any outside
engineering firm or other consultant expert in the field of the request is
deemed necessary, the landowner /applicant shall be required to pay the
fee for such review prior to consideration of the request by the county.
The purpose of the review will be to ensure that the request complies with
any applicable regulations.
F. Planning commission recommendation. ..... The planning commission,
after public notice and hearing, shall forward its recommendation to the
board of supervisors which in turn shall hold another hearing after notice
as provided for in section 1 -1021, public notification for amendment
applications, use permits, plan amendments, and variances, before making
its decision.
G. The board of supervisors and conditional use permits...... The board of
supervisors after public notice and hearing and upon recommendation by
the planning commission may authorize the issuance of conditional use
permits in harmony with the general purpose and intent, as hereinafter
provided, and subject to appropriate conditions.
H. Standards for review of a conditional use application...... The planning
commission and board of supervisors shall consider the following criteria
before the granting of a conditional use permit:
1. That the establishment, maintenance, and operation of the conditional
use will not be detrimental to or endanger the public health, safety,
and general welfare;
2. That the conditional use will not be injurious to the use and enjoyment
of other property in the immediate vicinity for the purposes already
permitted, nor substantially impair the use of other property within the
immediate proximity;
37
3. That adequate utilities, water, sewer or septic system, access roads,
storm drainage and/or other necessary public facilities and
improvements have been or will be provided;
4. That adequate measures have been or will be taken to provide ingress
and egress so designed as to minimize traffic congestion on the public
streets;
5. That the proposed conditional use is not contrary to the goals and
objectives of the Isle of Wight County Comprehensive Plan;
6. That the conditional use shall, in all other respects, conform to the
applicable regulations of the zoning district classification in which it
is located and to the special requirements established for the specific
use;
7. That the use(s) at the location proposed will not result in a multiplicity
or saturation of similar uses in the same general neighborhood of the
proposed use.
I. Conditions and guarantees. ..... In addition to the specific standards
contained in article V, supplementary use regulations, the other guidelines
and criteria described in this ordinance, and other relevant consideration,
the board may impose conditions or limitations on any approval,
including the posting of performance guarantees. Such conditions may
include, but are not necessarily limited to:
1. The number of persons living or working in the immediate area and
the proposed hours of operation, as may be applicable;
2. Traffic conditions, including facilities for pedestrians, such as
sidewalks and parking facilities; the access of vehicles to roads; peak
periods of traffic; and proposed roads, but only if construction of such
roads will commence within the reasonably foreseeable future;
3. The orderly growth of the neighborhood and community and the fiscal
impact on the county;
4. The effect of odors, dust, gas, smoke, fumes, vibration, glare, and
noise upon the use of surrounding properties;
5. Facilities for police, fire protection, sewerage, water, trash and
garbage collection and disposal, and the ability of the county or
persons to supply such services;
6. The degree to which the development is consistent with generally
accepted engineering and planning principles and practices;
7. The structures in the vicinity such as schools, houses of worship,
theaters, hospitals, and similar places of public use;
8. The purposes set forth in this ordinance, the county's comprehensive
plan, and related studies for land use, roads, parks, schools, sewers,
water, population, recreation, and the like;
9. The environmental impact, the effect on sensitive natural features, and
opportunities for recreation and open space;
10. The preservation of cultural and historic resources or landmarks.
J. Other laws applicable. ..... The granting of a conditional use does not
exempt the applicant from obtaining a zoning permit certificate or
complying with all other requirements of this ordinance or any applicable
county, state, or federal law.
K. Denial of a conditional use permit...... If the board of supervisors finds
that in an application for a conditional use provided in this ordinance and
requested in said application will not conform to the general character of
the neighborhood to which the proposed use will apply, and that the
public health, safety and general welfare of such neighborhood will not
be secure by granting such conditional use, then the board of supervisors
may deny such application, anything in this ordinance to the contrary
notwithstanding.
L. Effect of denial of a conditional use.
1. No application for a conditional use which has been denied wholly or
in part by the board of supervisors shall be resubmitted for a period of
one (1) year from the date of said order of denial, except on the
grounds of new evidence or proof of change of conditions found to be
valid by the board of supervisors.
2. The board of supervisors may, at any time, consider a new application
affecting the same property as an application previously denied. A
new application is one that differs in some substantial way from the
one previously considered, as determined by the zoning administrator.
M. Scope of approval.
1. Unless otherwise specified by the conditions of the permit, failure to
establish the conditional use authorized by the permit within two (2)
years from the date of approval by the board of supervisors shall cause
the permit to terminate and to become void.
2. The provisions of this section are cumulative with the power of
injunction and other remedies afforded by law to the county and,
further, shall not be so interpreted as to vest in any applicant any
rights inconsistent or in conflict with the power of the county to
rezone the subject property or to exercise any other power provided
by law.
3. Once a conditional use permit is granted, such use may be enlarged,
extended, increased in intensity or relocated only in accordance with
the provisions of this section unless the board of supervisors, in
approving the initial permit, has specifically established alternative
procedures for consideration of future expansion or enlargement. The
provisions of subsection 1- 1020.G, relative to expansion of
nonconforming uses shall not be construed to supersede this
requirement unless the specially permitted use for which the permit
was initially granted is in fact, no longer a use permitted as of right or
as a conditional use in the zoning district in which located.
39
4. Where any conditional use is discontinued for any reason for a
continuous period of two (2) years or more, the conditional use permit
shall terminate and become null and void. A use shall be deemed to
have been "discontinued" when the use shall have ceased for any
reason, regardless of the intent of the owner or occupier of the
property to reinstitute the use at some later date. The approval of a
new conditional use permit shall be required prior to any subsequent
reinstatement of the use.
N. Revocation of conditional use permits.
1. The board of supervisors may, by resolution, initiate a revocation of a
conditional use permit. When initiated, the revocation process shall be
handled as would a new application for a conditional use permit.
2. After review by the zoning administrator and consideration and
recommendation by the planning commission, the governing body
shall act on the proposal to revoke the conditional use permit.
Grounds for revocation shall include, but not be limited to, the
following:
a. A change in conditions affecting the public health, safety and
welfare since the adoption of the conditional use permit; or
b. Repeated violations of this article, including any conditions
attached to the conditional use permit, by the owner /operator of
the use; or
c. Fraudulent, false or misleading information or an error or mistake
in fact supplied by the applicant (or his agent) for the conditional
use permit.
O. Violations . ..... If it is determined that violations exist with regard to an
approved conditional use permit, the following procedure shall be
followed:
After review and recommendation by the planning commission, the board
of supervisors shall act on the proposal to revoke the conditional use permit.
Grounds for revocation shall include, but not be limited to, the following:
1. A change in conditions affecting the public health, safety and general
welfare since adoption of the conditional use permit; or
2. Repeated violations, including any conditions attached to the
conditional use permit owner /operator of the use; or
3. Fraudulent, false or misleading information or an error or mistake in
fact supplied by the applicant (or his agent) for the conditional use
permit.
(7 -7 -05, 4- 18 -13.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 1-
1018, Special use permits for uses not provided for, of the Isle of Wight
County Code be amended and reenacted as follows:
M
Sec. 1 -1018. - Special use permits for uses not provided for.
A. General description. If, in any district established under this ordinance, a
use is not specifically permitted and an application is made to the zoning
administrator for such use, the zoning administrator shall refer the application
to the planning commission as a special use permit. The planning
commission shall make its recommendation to the board of supervisors after
holding a public hearing on the said application.
The board of supervisors may, after receiving the recommendations from the
planning commission and after holding a public hearing on said application,
issue a special use permit for said use for a temporary period or permanently,
as determined by the board, upon such conditions as the board may deem
necessary to safeguard and protect the public health, morals, safety and
general welfare of the neighborhood or area within the proposed use will be
located.
B. Initiation of special use permit.
1. The property owner or other person with an enforceable legal interest
in the property may file an application for a special use permit.
2. All real estate taxes and any outstanding fees or charges must be
current at such time an application is submitted for a special use permit.
C. Application fees. An application for a special use permit shall be
accompanied by the prescribed application fee listed in Table 3 of this
ordinance (Isle of Wight County Fee Schedule).
D. Application for special use. An application for special use shall be filed
with the zoning administrator on a form prescribed by the zoning
administrator. The application shall be accompanied by such plans and /or
data as necessary, and shall include a statement in writing by the applicant
and adequate evidence showing that the proposed use will conform to the
standards set forth. Such application shall be forwarded from the zoning
administrator to the planning commission for review and recommendation.
The planning commission shall conduct a public hearing and render a
recommendation on the application, which shall be forwarded to the board of
supervisors.
E. Fees for engineering /consultant review. If in the discretion of the county
review of any request for a special use permit by any outside engineering
firm or other consultant expert in the field of the request is deemed necessary,
the landowner /applicant shall be required to pay the fee for such review prior
to consideration of the request by the county. The purpose of the review will
be to ensure that the request complies with any applicable regulations.
F. Planning commission recommendation. The planning commission, after
public notice and hearing, shall forward its recommendation to the board of
supervisors which in turn shall hold another hearing after notice as provided
for in section 1 -1021, public notification for amendment applications, use
permits, plan amendments, and variances, before making its decision.
41
G. The board of supervisors and special use permits. The board of
supervisors after public notice and hearing and upon recommendation by the
planning commission may authorize the issuance of special use permits in
harmony with the general purpose and intent, as hereinafter provided, and
subject to appropriate conditions.
H. Standards for review of a special use application. The planning
commission and board of supervisors shall consider the following criteria
before the granting of a special use permit:
1. That the establishment, maintenance, and operation of the special use
will not be detrimental to or endanger the public health, safety, and
general welfare;
2. That the special use will not be injurious to the use and enjoyment of
other property in the immediate vicinity for the purposes already
permitted, nor substantially impair the use of other property within the
immediate proximity;
3. That adequate utilities, water, sewer or septic system, access roads,
storm drainage and /or other necessary public facilities and improvements
have been or will be provided;
4. That adequate measures have been or will be taken to provide ingress
and egress so designed as to minimize traffic congestion on the public
streets;
5. That the proposed special use is not contrary to the goals and
objectives of the Isle of Wight County Comprehensive Plan;
6. That the special use shall, in all other respects, conform to the
applicable regulations of the zoning district classification in which it is
located and to the special requirements established for the specific use;
7. That the use(s) at the location proposed will not result in a
multiplicity or saturation of similar uses in the same general
neighborhood of the proposed use.
I. Conditions and guarantees. In addition to the specific standards
contained in article V, supplementary use regulations, the other guidelines
and criteria described in this ordinance, and other relevant consideration, the
board may impose conditions or limitations on any approval, including the
posting of performance guarantees. Such conditions may include, but are not
necessarily limited to:
1. The number of persons living or working in the immediate area and
the proposed hours of operation, as may be applicable;
2. Traffic conditions, including facilities for pedestrians, such as
sidewalks and parking facilities; the access of vehicles to roads; peak
periods of traffic; and proposed roads, but only if construction of such
roads will commence within the reasonably foreseeable future;
3. The orderly growth of the neighborhood and community and the
42
fiscal impact on the county;
4. The effect of odors, dust, gas, smoke, fumes, vibration, glare, and
noise upon the use of surrounding properties;
5. Facilities for police, fire protection, sewerage, water, trash and
garbage collection and disposal, and the ability of the county or persons
to supply such services;
6. The degree to which the development is consistent with generally
accepted engineering and planning principles and practices;
7. The structures in the vicinity such as schools, houses of worship,
theaters, hospitals, and similar places of public use;
8. The purposes set forth in this ordinance, the county's comprehensive
plan, and related studies for land use, roads, parks, schools, sewers,
water, population, recreation, and the like;
9. The environmental impact, the effect on sensitive natural features,
and opportunities for recreation and open space;
10. The preservation of cultural and historic resources or landmarks.
J. Other laws applicable. The granting of a special use does not exempt the
applicant from obtaining a zoning permit certificate or complying with all
other requirements of this ordinance or any applicable county, state, or
federal law.
K. Denial of a special use permit. If the board of supervisors finds that in an
application for a special use provided in this ordinance and requested in said
application will not conform to the general character of the neighborhood to
which the proposed use will apply, and that the public health, safety and
general welfare of such neighborhood will not be secure by granting such
special use, then the board of supervisors may deny such application,
anything in this ordinance to the contrary notwithstanding.
L. Effect of denial of a special use.
1. No application for a special use which has been denied wholly or in
part by the board of supervisors shall be resubmitted for a period of one
(1) year from the date of said order of denial, except on the grounds of
new evidence or proof of change of conditions found to be valid by the
board of supervisors.
2. The board of supervisors may, at any time, consider a new
application affecting the same property as an application previously
denied. A new application is one that differs in some substantial way
from the one previously considered, as determined by the zoning
administrator.
M. Scope of approval.
1. Unless otherwise specified by the conditions of the permit, failure to
establish the special use authorized by the permit within two (2) years
43
from the date of approval by the board of supervisors shall cause the
permit to terminate and to become void.
2. The provisions of this section are cumulative with the power of
injunction and other remedies afforded by law to the county and, further,
shall not be so interpreted as to vest in any applicant any rights
inconsistent or in conflict with the power of the county to rezone the
subject property or to exercise any other power provided by law.
3. Once a special use permit is granted, such use may be enlarged,
extended, increased in intensity or relocated only in accordance with the
provisions of this section unless the board of supervisors, in approving
the initial permit, has specifically established alternative procedures for
consideration of future expansion or enlargement. The provisions of
subsection 1- 1020.G, relative to expansion of nonconforming uses shall
not be construed to supersede this requirement unless the specially
permitted use for which the permit was initially granted is in fact, no
longer a use permitted as of right or as a special use.
4. Where any special use is discontinued for any reason for a
continuous period of two (2) years or more, the special use permit shall
terminate and become null and void. A use shall be deemed to have been
"discontinued" when the use shall have ceased for any reason, regardless
of the intent of the owner or occupier of the property to reinstitute the use
at some later date. The approval of a new special use permit shall be
required prior to any subsequent reinstatement of the use.
N. Revocation of special use permits.
1. The board of supervisors may, by resolution, initiate a revocation of
a special use permit. When initiated, the revocation process shall be
handled as would a new application for a special use permit.
2. After review by the zoning administrator and consideration and
recommendation by the planning commission, the governing body shall
act on the proposal to revoke the special use permit. Grounds for
revocation shall include, but not be limited to, the following:
a. A change in conditions affecting the public health, safety and
welfare since the adoption of the special use permit; or
b. Repeated violations of this article, including any conditions
attached to the special use permit, by the owner /operator of the use;
or
c. Fraudulent, false or misleading information or an error or
mistake in fact supplied by the applicant (or his agent) for the special
use permit.
O. Violations. If it is determined that violations exist with regard to an
approved special use permit, the following procedure shall be followed:
After review and recommendation by the planning commission, the board of
supervisors shall act on the proposal to revoke the special use permit.
Grounds for revocation shall include, but not be limited to, the following:
1. A change in conditions affecting the public health, safety and general
welfare since adoption of the special use permit; or
2. Repeated violations, including any conditions attached to the special
use permit owner /operator of the use; or
3. Fraudulent, false or misleading information or an error or mistake in
fact supplied by the applicant (or his agent) for the special use permit.
(7 -7 -05, 4- 18 -13)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 1-
1019, Provisions for appeals, variances, and interpretations of the Isle of
Wight County Code be amended and reenacted as follows:
Sec. 1 -1019. - Provisions for appeals, variances, and interpretations.
A. Boards of zoning appeals generally.
(1) A board of zoning appeals, as provided for in Section 15.2 -2308 of
the Code of Virginia (1950), as amended, consisting of five (5) residents
of the County of Isle of Wight, shall be appointed by the circuit court
judge of the County of Isle of Wight.
(2) The terms of office shall be for five (5) years provided, however, that
the members serving on the board of zoning appeals on the effective date
of this ordinance shall continue on such board and shall serve for their
remaining respective terms. The secretary of the board of zoning appeals
shall notify the court at least thirty (30) days in advance of the expiration
of any term of office, and shall also notify the court promptly if any
vacancy occurs. Appointments to fill vacancies shall be only for the
unexpired portion of the term. Members may be reappointed to succeed
themselves. Members of the board shall hold no other public office in the
County of Isle of Wight except that one (1) may be a member of the
planning commission of the County of Isle of Wight. A member whose
term expires shall continue to serve until his successor is appointed and
qualifies.
(3) The board shall elect from its own membership its officers who shall
serve annual terms as such and may succeed themselves. For the conduct
of the hearing and the taking of any action, the quorum shall not be less
than a majority of all the members of the board. The board may make,
alter and rescind rules and forms for its procedures, consistent with the
ordinances of the County of Isle of Wight and the general laws of the
Commonwealth of Virginia. The board shall keep a full public record of
its proceedings and shall submit a report of its activities to the governing
body at least once each year.
(4) Within the limits of funds appropriated by the governing body, the
W
board may employ or contract for secretaries, clerks, legal counsel,
consultants, and other technical and clerical services. Members of the
board may receive such compensation as may be authorized by the
governing body.
(5) Any board member may be removed for malfeasance, misfeasance or
nonfeasance in office, or for other just cause, by the court, which
appointed him, after a hearing held following at least fifteen (15) days'
notice.
B. Powers of the board of zoning appeals. The board of zoning appeals shall
have the following powers and duties:
(1) To hear and decide appeals from any order, requirement, decision or
determination made by an administrative officer in the administration or
enforcement of this article or of any ordinance adopted pursuant thereto
after notice and public hearing as provided by Sections 15.2 -431, 15.2 -
2204(A) of the Code of Virginia (1950), as amended.
(2) To authorize upon appeal in specific cases such variance from the
terms of this ordinance as will not be contrary to the public interest,
when, owing to special conditions a literal enforcement of the provisions
will result in unnecessary hardship; provided, that the spirit of this
ordinance shall be observed and substantial justice done.
(3) To hear and decide applications for the interpretation of the zoning
district map where there is any uncertainty as to the location of a district
boundary. After notice to the owners of the property affected by any such
question, and after public hearing with notice as required by Section
15.2- 2204(A) of the Code of Virginia (1950), as amended, the board may
interpret the map in such way as to carry out the intent and purpose of
this ordinance for the particular section or district in question. The board
shall not have the power, however, to rezone property or substantially to
change the location of district boundaries as established by the ordinance.
C. Appeals.
(1) An appeal to the board may be taken by any person aggrieved or by
any officer, department, board or bureau of the county or municipality
affected by any decision of the zoning administrator or from any order,
requirement, decision or determination made by any other administrative
officer in the administration or enforcement of this article or any
ordinance adopted pursuant thereto. Any written notice of a zoning
violation or a written order of the zoning administrator dated on or after
July 1, 1993, shall include a statement informing the recipient that he
may have a right to appeal the notice of a zoning violation or a written
order within thirty (30) days in accordance with this section, and that the
decision shall be final and unappealable if not appealed within thirty (30)
days. The appeal period shall not commence until such statement is
given. Such appeal shall be taken within thirty (30) days after the
decision appealed from by filing with the zoning administrator, and with
the board, a notice of appeal specifying the grounds thereof. The zoning
ER
administrator shall forthwith transmit to the board all the papers
constituting the record upon which the action appealed from was taken.
(2) An appeal shall stay all proceedings in furtherance of the action
appealed from unless the zoning administrator certifies to the board that
by reason of facts stated in the permit a stay would in his opinion cause
imminent peril to life or property, in which case proceedings shall not be
stayed otherwise than by a restraining order granted by the board or by a
court of record, on application and on notice to the zoning administrator
and for good cause shown.
(3) In no event shall a written order, requirement, decision or
determination made by the zoning administrator or other administrative
officer be subject to change, modification or reversal by any zoning
administrator or other administrative officer after sixty (60) days have
elapsed from the date of the written order, requirement, decision or
determination where the person aggrieved has materially changed his
position in good faith reliance on the action of the zoning administrator
or other administrative officer unless it is proven that such written order,
requirement, decision or determination was obtained through
malfeasance of the zoning administrator or other administrative officer or
through fraud. The sixty -day limitation period shall not apply in any case
where, with the concurrence of the attorney for the governing body,
modification is required to correct clerical errors.
(4) In any appeal taken pursuant to this section, if the board's attempt to
reach a decision results in a tie vote, the matter may be carried over until
the next scheduled meeting at the request of the person filing the appeal.
D. Variances.
(1) The board of zoning appeals is authorized to grant variances from the
strict application of these regulations when a property owner can show
that his property was acquired in good faith and where by reason of the
exceptional narrowness, shallowness, size or shape of a specific piece of
property at the time of the effective date of this ordinance, or where by
reason of exceptional topographic conditions or extraordinary situation
or condition of such piece of property, or of the use or development of
property immediately adjacent thereto, the strict application of the terms
of this ordinance would effectively prohibit or unreasonably restrict the
use of the property or where the board is satisfied, upon evidence heard
by it, that the granting of such variances will alleviate a clearly
demonstrable hardship, as distinguished from a special privilege or
convenience sought by the applicant; provided, that all variances shall be
in harmony with the intended spirit and purpose of this ordinance.
(2) The board of zoning appeals shall not authorize a variance unless it
finds:
(A) That the strict application of this ordinance would produce undue
hardship;
47
(B) That such hardship is not shared generally by other properties in
the same zoning district and the same vicinity;
(C) That the authorization of such variance will not be of substantial
detriment to adjacent property and that the character of the district
will not be changed by the granting of the variance;
(D) No such variance shall be authorized except after notice and
hearing as required by Sections 15.2- 2204(A), 15.2 -431 of the Code
of Virginia (1950), as amended.
(E) No variance shall be authorized unless the board of zoning
appeals finds that the condition or situation of the property
concerned or the intended use of the property is not of so general or
recurring a nature as to make reasonably practicable the formulation
of a general regulation to be adopted as an amendment to this
ordinance.
(F) In authorizing a variance, the board of zoning appeals may
impose such conditions regarding the location, character, and other
features of the proposed structure for use as it may deem necessary in
the public interest, and may require a guarantee or bond to ensure
that the conditions imposed are being and will continue to be
complied with.
(G) A variance may be issued for a specified duration or an
indefinite duration.
(H) The granting of a variance does not exempt the applicant from
complying with all other requirements of this ordinance or any
applicable county, state, or federal law.
(3) Whenever the board of zoning appeals disapproves an application for
a variance on any basis other than the failure of the applicant to submit a
complete application, such action may not be reconsidered by the
respective board for a period of one (1) year unless the applicant clearly
demonstrates that:
(A) Circumstances affecting the property which is the subject of the
application have substantially changed; or
(B) New information is available that could not with reasonable
diligence have been presented at a previous hearing. A request to be
heard on this basis must be filed with the zoning administrator. Such
a request does not extend the period within which an appeal must be
taken.
(C) The board of zoning appeals may at any time consider a new
application affecting the same property as an application previously
denied. A new application is one that differs in some substantial way
from the one previously considered, as determined by the zoning
administrator.
M F161
(4) The burden of presenting evidence sufficient to allow the board of
zoning appeals to reach a favorable conclusion, as well as the burden of
persuasion on those issues referenced herein, remains the responsibility
of the applicant seeking the variance.
E. Interpretations.
(1) The board of zoning appeals is authorized to interpret the zoning
map and to pass upon disputed questions of lot or zoning boundary lines
and similar questions. If such questions arise in the context of an appeal
from a decision of the zoning administrator, they shall be handled as
provided in subsection 1- 1019.C, appeals.
(2) An application for a map interpretation shall be submitted to the
board of zoning appeals by filing a copy of the application with the
zoning administrator. The application shall contain sufficient information
to enable the board to make the necessary interpretation.
(3) Where uncertainty exists as to the boundaries of zones as shown on
the official zoning map, the following rules shall apply:
(A) Boundaries indicated as approximately following the centerline
of alleys, streets, highways, streams, or railroads shall be construed
to follow such centerline.
(B) Boundaries indicated as approximately following lot lines,
corporate limits of a municipality and county boundary lines shall be
construed as following such lines, limits or boundaries.
(C) Boundaries indicated as following shorelines shall be construed
to follow such shorelines, and in the event of change in the shoreline
shall be construed as following such shorelines.
(D) Where a zoning boundary divides a lot or where distances are
not specifically indicated on the official zoning map, the boundary
shall be determined by measurement, using the scale of the official
zoning map.
(E) Where any street or alley is hereafter officially vacated or
abandoned, the regulations applicable to each parcel of abutting
property shall apply to that portion of such street or alley added
thereto by virtue of such vacation or abandonment.
(4) Interpretations of the location of floodway and floodplain boundary
lines or boundaries shall be made by the zoning administrator.
F. Hearing required on appeals, and variances.
(1) Before making a decision on an appeal or an application for a
variance, the board of zoning appeals shall hold a hearing on the appeal
or application and shall give due notice to the parties of interest a public
notice as required by Sections 15.2 -431, 15.2- 2204(A) of the Code of
Virginia (1950), as amended.
(2) The board of zoning appeals shall fix a reasonable time for the
hearing of an application or appeal, give public notice thereof as well as
due notice to the parties in interest and decide the same within ninety
(90) days of the filing of the application or appeal. In exercising its
powers the board may reserve or affirm, wholly or partly, or may modify
an order, requirement, decision or determination appealed from. The
concurring vote of a majority of the membership of the board members
shall be necessary to reverse any order, requirement, decision or
determination of an administrative officer or to decide in favor of the
applicant on any matter upon which it is required to pass under the
ordinance or to effect any variance from the ordinance. The board shall
keep minutes of its proceedings and other official actions, which shall be
filed in the office of the zoning administrator and shall be public record.
The chairman of the board, or in his absence the vice - chairman, may
administer oaths and compel the attendance of witnesses.
(3) The hearing shall be open to the public and all people aggrieved by
the outcome of the appeal or application shall be given an opportunity to
present testimony and ask questions of persons who testify.
(4) The board of zoning appeals may continue the hearing until a
subsequent meeting and may keep the hearing open to take additional
information up to the point a final decision is made. In no event shall a
continuance of the hearing extend the time frame for rendering a decision
beyond the maximum days permitted by statute and subsection F(2),
hearing required on appeals, and variances of this ordinance.
G. Appeal of decision of board of zoning appeals.
(1) Any person or persons jointly or severally aggrieved by a decision of
the board of zoning appeals, or any taxpayer or any officer, department,
board or bureau of the county may present to the Circuit Court of the
County of Isle of Wight a petition specifying the grounds on which
aggrieved within thirty (30) days after the final decision by the board of
zoning appeals.
(2) Upon the presentation of such petition, the court shall allow a writ of
certiorari to review the decision of the board of zoning appeals and shall
prescribe therein the time within which a return thereto must be made
and served upon the realtor's attorney, which shall not be less than ten
(10) days and may be extended by the court. The allowance of the writ
shall not stay proceedings upon the decision appealed from, but the court
may, on application, on notice to the board and on due cause shown,
grant a restraining order.
(3) The board of zoning appeals shall not be required to return the
original papers acted upon by it, but it shall be sufficient to return
certified or sworn copies thereof or of such portions thereof as may be
called for by such writ. The return shall concisely set forth such other
facts as may be pertinent and material to show the ground of the decision
appealed from and shall be verified.
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(4) If, upon the hearing, it shall appear to the court that testimony is
necessary for the proper disposition of the matter, it may take evidence or
appoint a commissioner to take such evidence as it may direct and report
the same to the court with his findings of fact and conclusions of law,
which shall constitute a part of the proceedings upon which the
determination of the court shall be made. The court may reverse or
affirm, wholly or partly, or may modify the decision brought up for
review.
(5) Costs shall not be allowed against the board, unless it shall appear to
the court that it acted in bad faith or with malice in making the decision
appealed therefrom.
H. Taxes and fees must be paid.
(1) Taxes. All real estate taxes and any outstanding fees or charges must
be current at such time an application is submitted for all variance or
appeal.
(2) Fees. An application for a variance or appeal shall be accompanied
by the prescribed application fee in accordance with Table 3 (Isle of
Wight County Fee Schedule). No application shall be considered
complete until the fee is paid.
(3) Fees for engineering /consultant review. If in the discretion of the
county review of any request for a variance or appeal by any outside
engineering firm or other consultant expert in the field of the request is
deemed necessary, the landowner /applicant shall be required to pay the
fee for such review prior to consideration of the request by the county.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Bailey,
Darden, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
//
Supervisor Darden moved that the Board revert back to the regular order of
the agenda. The motion was adopted by a vote of (5 -0) with Supervisors
Casteen, Bailey, Darden, Hall and Alphin voting in favor of the motion and
no Supervisors voting against the motion.
CONTINUATION OF GENERAL SERVICES REPORT
Regarding the issue of funding options for the County's Stormwater
Management Program, Mr. Wrightson offered to return to the Board with
recommendations regarding how to reallocate the cost to where more of the
services take place.
Supervisor Bailey moved that staff be authorized to advertise the matter for
public hearing at the Board's May 16, 2013 meeting. The motion was
adopted by a vote of (5 -0) with Supervisors Casteen, Bailey, Darden, Hall
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and Alphin voting in favor of the motion and no Supervisors voting against
the motion.
Mr. Wrightson requested approval to waive the 90 waiting period and
proceed with hiring a Convenience Center worker and two (2) standby
attendants.
Supervisor Alphin moved that the Human Resources staff be authorized to
waive the 90 day vacancy period and advertise and hire one (1) permanent
part-time Convenience Center attendant and two (2) standby Convenience
Center attendants. The motion was adopted by a vote of (5 -0) with
Supervisors Casteen, Bailey, Darden, Hall and Alphin voting in favor of the
motion and no Supervisors voting against the motion.
COUNTY ADNIINISTRATOR'S REPORT
Arthur E. Berkley, Director of Inspections, provided a presentation on the
implementation of a Technology Fee within the Inspections Department.
Mr. Berkley distributed information from Ed Sadler of Sadler Building
Corporation notifying the County that Sadler Building Corporation has been
selected by the Peninsula Housing and Builders Association to build a charity
house for a military veteran (or their surviving spouse and minor children)
through the Southern Living's Operation "Finally Home" House for the 2013
Parade of Homes. He advised that the request is that the building permit fees
be waived for this house in the amount of $1,200.
Supervisor Casteen moved that the building permit fees be waived. The
motion was adopted by a vote of (5 -0) with Supervisors Casteen, Bailey,
Darden, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
William Bell, Secretary of the Electoral Board, presented a request from the
Isle of Wight Electoral Board to the Human Resources Department to
supplement the compensation of the General Registrar.
Supervisor Darden moved that the Registrar's salary and benefits be
supplemented by the County in the amount of $10,000 in the FY14 budget.
The motion was adopted by a vote of (3 -2) with Supervisors Casteen, Bailey
and Darden voting in favor of the motion and Supervisors Hall and Alphin
voting against the motion.
Sharon Jones, Clerk of Circuit Court, requested the Board's authorization to
hire one (1) full -time Deputy Clerk, III for the Circuit Court Clerk's office.
Supervisor Casteen moved that the Human Resources Department be
authorize to advertise and hire one (1) full time Deputy Clerk, II. The motion
was adopted by a vote of (5 -0) with Supervisors Casteen, Bailey, Darden,
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Hall and Alphin voting in favor of the motion and no Supervisors voting
against the motion.
Mr. Robertson advised the Board that the Code of Virginia requires that the
Capital Improvement Plan include the amount of all proffered cash payments
received during the most recent fiscal year for which a report has been filed.
Supervisor Casteen moved to adopt the inclusion of the Commission on
Local Government 2012 Survey of Cash Proffers Accepted by Local
Governments as an addendum to the FY2014 -18 Capital Improvements Plan.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Bailey,
Darden, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
Mr. Robertson represented a request from the Western Tidewater Health
Department to return $170,064.75 left over from the previous fiscal year and
which was not used because the County did not have a new lease for the
portion of Church Street property awaiting renovation.
Supervisor Darden moved that the refund be accepted and appropriated to the
Renovation line item. The motion was adopted by a vote of (5 -0) with
Supervisors Casteen, Bailey, Darden, Hall and Alphin voting in favor of the
motion and no Supervisors voting against the motion.
At the request of staff, the Board deferred action on the renewal of the Wells
Fargo Insurance Services professional services agreement until following
discussion on the County's health and dental insurance.
Michael W. Terry, Director of Budget and Finance, advised the Board
regarding adjustments to the Fiscal Year 2012 -13 Monthly Financial Reports
for County and Schools.
Mr. Terry advised the Board that staff has requested the Treasurer to transfer
$2,122,389 from the Schools' local account to the County's local account in
accordance with the Board's direction at its March 21, 2013 meeting. He
advised that the Treasurer has communicated that the transfer was made as of
April 10, 2013.
Mr. Terry advised that responsive to action taken by the Board at its March
21, 2013 meeting, staff has initiated the process for the Board to
reappropriate local funding in the amount of $112,214 to the School Board's
account for open purchase orders and textbooks.
Supervisor Casteen moved that the following resolution be adopted:
RESOLUTION TO RE- APPROPRIATE FUNDS FROM THE
UNASSIGNED FUND BALANCE TO ISLE OF WIGHT COUNTY
SCHOOLS
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WHEREAS, at its regularly scheduled meeting of March 21, 2013, the Board
of Supervisors of the County of Isle of Wight, Virginia (the "Board ")
directed staff to initiate the formal process necessary for the Board to re-
appropriate local funds to Isle of Wight County Schools for certain open
purchase orders and the textbook fund; and,
WHEREAS, the Board wishes to now formally memorialize said re-
appropriation to Isle of Wight County Schools.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the
County of Isle of Wight, Virginia that a sum not to exceed one hundred
twelve thousand two hundred and fourteen dollars ($112,214.00) be
reappropriated from the unassigned fund balance in order to cover a total of
forty -six thousand six hundred forty -nine dollars ($46,649.00) for open
purchase orders and sixty five thousand five hundred sixty -five dollars
($65,565.00) for the textbook fund as previously presented by School and
County staff at the Board's March 21, 2013 regular meeting; and,
BE IT FURTHER RESOVLED that the County Administrator of the County
of Isle of Wight, Virginia is hereby authorized to make the appropriate
accounting adjustment in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Bailey,
Darden, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
Mr. Terry stated pursuant to the Board's discussion and direction at its March
21, 2013 meeting regarding the Schools providing the County with financial
projections of its cash requirements in order to ensure that the Schools'
payroll account has a sufficient balance to compensate teachers for the
remainder of this fiscal year, staff has developed two forms to assist in
estimating the operational results and cash flow. He advised that staff is in
receipt of completed forms from the School.
Christina Berta, Chief Financial Officer, Isle of Wight County Schools,
briefed the Board on the School's expenditures and projections. She advised
that the School system is projecting a shortfall in revenue from the State in
the amount of $529,021 and expenditures are over revenues by $2.3 million.
She assured the Board that any money left over from the $2.3 million request
will be returned to the County.
Mr. Terry recommended that, at a minimum, the Board make a commitment
at this time of $1.4 million County to the School system.
Supervisor Casteen moved that the request from the Schools in the amount of
$2.3 million be denied. The motion was defeated by a vote of (2 -3) with
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Supervisors Casteen and Bailey voting in favor of the motion and
Supervisors Darden, Hall and Alphin voting in opposition to the motion.
Supervisor Alphin moved that $1.4 million be appropriated from the
Unassigned Fund Balance with a report on the School's needs in the future.
The motion was defeated by a vote of (3 -2) with Supervisors Darden, Bailey
and Casteen against the motion and Supervisors Hall and Alphin voting in
favor of the motion.
Supervisor Darden moved that the Board reappropriate $750,000 to the
schools. 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.
APPOINTMENTS
Supervisor Alphin moved to appoint Donna Claud to the Bicycle &
Pedestrian and Facilities Authority. 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.
Supervisor Alphin moved to appoint Christy Lightner to the Board of Zoning
Appeals. 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.
OLD BUSINESS
Following a presentation on health insurance by Seacore Ohiois, Account
Manager of Local Choice, Chairman Hall directed staff to return with a
recommendation which would be economically best while still providing
comparable benefits to those offered currently.
NEW BUSINESS
No new business was offered for discussion by the Board.
CLOSED MEETING
County Attorney Popovich requested a closed meeting pursuant to Section
2.2- 3711.A.1 of the Code of Virginia to discuss two (2) personnel matters.
Supervisor Darden moved that the Board enter the closed meeting for the
reasons stated. 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.
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Supervisor Alphin moved that the Board return to open 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.
Supervisor Alphin moved that the following resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on this
date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bailey, Darden, Hall, Alphin and Casteen
hAQ.` 1
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
At 9:00 p.m., Chairman Hall declared the meeting adjourned.
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