07-17-2014 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTEENTH DAY OF JULY IN THE
YEAR TWO THOUSAND AND FOURTEEN AT 5:00 P.M. IN THE
ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
COUNTY COURTHOUSE
PRESENT: Byron B. Bailey, Chairman
Rex W. Alphin
Delores C. Darden
Alan E. Casteen
Rudolph Jefferson
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Brandi Baker Mack, Deputy Clerk
At 5:00 p.m., the meeting was called to order.
//
Chairman Bailey moved that Brandi Baker Mack be appointed as the
Deputy Clerk to the Board of Supervisors. The motion was adopted by a
vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson
voting in favor of the motion and no Supervisors voting against the motion.
//
CLOSED MEETING
County Attorney Popovich requested a closed meeting pursuant to
Section 2.2-3711(A)(1) of the Code of Virginia concerning discussion
regarding the appointment of specific appointees to County
Boards/Commissions/Committees; pursuant to Section 2.2-3711(A)(1)
regarding discussions concerning the evaluations of two (2) specific Board of
Supervisors' appointees; pursuant to Section 2.2-3711(A)(1) regarding
discussion regarding the performance and salaries of specific public
employees; pursuant to Section 2.2-3711(A)(7) concerning consultation with
legal counsel pertaining to probable litigation related to the Windsor
Sidewalk project where such consultation would adversely affect the
litigating posture of the County; pursuant to Section 2.2-3711(A)(7) related
to consultation with legal counsel requiring the provision of legal advice
regarding the ball field project; and, pursuant to Section 2.2-3711(A)(7)
concerning consultation with legal counsel requiring the provision of legal
advice regarding political party participation at the Isle of Wight County Fair.
Supervisor Casteen moved that the Board enter the closed meeting for
the reasons stated. The motion was adopted by a vote of (5-0) with
11
Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
Chairman Bailey moved that the Board return to open meeting. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Alphin moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bailey, Darden, Jefferson, Alphin and Casteen
► 0MVU1
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
//
//
At 6:00 p.m., Supervisor Jefferson delivered the invocation.
The Pledge of Allegiance to the Flag was conducted.
2
APPROVAL OF AGENDA
County Attorney Popovich requested that Dale Scott be appointed to
the Board of Assessors as the Windsor District representative under
"Appointments"; that Item 11 B "Staff Report — Quarterly Financial Report"
be removed under the County Administrator's report; and, that three (3)
closed meeting items be added at the end of the meeting.
Supervisor Alphin moved that the agenda be approved, as amended.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Jefferson offered a motion, but withdrew it, that Item 12B,
"Tyler's Beach Solutions and Strategy" under Old Business be tabled for 30
days in order to allow for additional research to be done and other resources
to be gathered that can be entertained by the County.
H
CONSENT AGENDA
A. Resolution to Make a Contribution of the Allocated Cash and Gift
Shop Inventory of the Museum Fund to the Town of Smithfield
B. Motion to Amend the Uniform Fee Schedule of the Fiscal Year 2014-
2015 Operating and Capital Budget to Address Revisions to Certain
Planning and Zoning, Public Utilities and Stormwater Fees
C. December 19, 2013 Regular Meeting Minutes
D. January 2, 2014 Organizational Meeting Minutes
Supervisor Alphin moved that the Consent Agenda be adopted, as
presented. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
H
REGIONAL REPORTS
Supervisor Darden reported that the Hampton Roads Planning District
Commission had discussed Dutch dialogues with respect to what can be done
regarding the rise in sea water and flooding and water quality in the Cities of
Norfolk, Virginia Beach and Portsmouth. She further reported that the future
workforce in the Hampton Roads region, new job growth, housing types over
the next twenty (20) years and predictions associated with the upcoming
N
hurricane season were also discussed. She advised that the top five (5)
priorities of the area are economic development and housing, emergency
preparedness, unfunded mandates, sea level rise and flood mitigation and
regional branding and competitiveness.
Supervisor Darden reported that a member of the Commonwealth
Transportation Board had relayed at the most recent meeting of the Hampton
Roads Transportation Planning Organization that the Governor has
committed to Route 460 as an evacuation route. She advised that meetings
are scheduled for July 291h and July 31St about proposed corridor
improvements on Route 460 and VDOT's progress in that regard and she
requested the Board members to mark their respective calendars and plan on
attending. She stated that hurricane preparedness was also discussed at that
meeting.
Supervisor Darden requested Chairman Bailey to mark his calendar for
the upcoming Hampton Roads Transportation Accountability Commission
retreat scheduled for August 3, 2014 so that the County can receive the
benefit of his vote on critical issues.
Supervisor Alphin reported on his attendance at the Western Tidewater
Regional Jail Authority meeting where certain statistical information had
been discussed. He further reported that a performance review of the Jail
Superintendent had been conducted and that he had received an excellent
review. He concluded his remarks advising that the Jail has a depleted
unassigned fund balance due to the decrease in Federal inmates and avenues
to increase the fund balance to 10% are currently being explored.
//
APPOINTMENTS
Chairman Bailey moved that Stacy Courter be appointed to the Board
of Assessors as the Newport District representative. The motion was adopted
by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and
Jefferson voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Darden moved that Dale Scott be appointed to the Board of
Assessors as the Windsor District representative. The motion was adopted by
a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and
Jefferson voting in favor of the motion and no Supervisors voting against the
motion.
//
SPECIAL PRESENTATION/APPEARANCES
11
The Board received a slide presentation of animals currently available
for adoption at the County's animal shelter from Donald T. Robertson,
Director of Information Resources and Legislative Affairs.
CITIZENS' COMMENTS
Albert Burckard of the Newport District chastised the Board for not
attending and properly representing the County at a meeting where the
Speaker of the House of the Commonwealth of Virginia was in attendance.
Sam Cratch of Carrollton addressed the Board regarding his opposition
to a proposed Facilities Use Agreement between the County and its volunteer
fire departments.
Fred Mitchell, President of the Carrollton Volunteer Fire Department,
requested the Board to do what is in the best interest of the citizens and cease
all bullying tactics with respect to the proposed Facilities Use Agreement.
Debbie Bales of Carrollton
Agreement between the County
organizations.
//
PUBLIC HEARINGS
spoke in opposition to a Facilities Use
and its volunteer fire and rescue
A. An Ordinance to Amend and Reenact the Chapter 15, Article 1, Section
15-5.3 of the Isle of Wight County Code to Provide for Semi -Annual
Billing of Tangible Personal Property
Charles Meek, Assistant to the County Administrator, responsive to the
Board's action at its June 19, 2014 meeting, presented an ordinance
amendment to implement a plan for semi-annual personal property billing
which provides for taxes to be due on June 5" and December 5t" of each year.
Chairman Bailey opened the public hearing and called for citizens to
speak in favor of or in opposition to the proposed ordinance amendment.
No one appeared and spoke.
Chairman Bailey closed the public hearing and called for comments
from the Board.
Supervisor Casteen moved that the following Ordinance be adopted:
61
ORDINANCE TO AMEND AND REENACT CHAPTER 15,
ARTICLE 1, SECTION 15-5.3 OF THE ISLE OF WIGHT COUNTY
CODE TO PROVIDE FOR SEMI-ANNUAL BILLING OF
TANGIBLE PERSONAL PROPERTY
WHEREAS, County taxes on personal property and machinery and
tools are currently due and payable on or before June 5 of the year in which
they are assessed; and,
WHEREAS, the County desires to amend the Isle of Wight County
Code to provide for semi-annual billing of tangible personal property and
machinery and tools.
NOW, THEREFORE, BE IT ORDAINED that Chapter 15, Article 1,
Section 15-5.3 of the Code of Isle of Wight County is hereby amended as
follows:
Sec. 15-5.3. Personal Property Tax
(a) County taxes on personal property shall be due and payable on or before
June 5 and on or before December 5 of the year in which the same are
assessed.
(b) Tangible personal property and machinery and tools shall be taxed as of
January first of each year. The status of all persons, firms, corporations
and other taxpayers liable to taxation on any such property shall be fixed
as of such date in each year and the value of such property shall be taken
as of such date.
(c) There shall be a personal property tax at a rate established each year by the
board of supervisors on motor vehicles, trailers and boats, (hereafter referred
to in this section as "taxable property") which have a situs within the county
on January 1 of each year and which acquire a situs within the county on or
after January the second of each year. When taxable property acquires a situs
within the county on or after January second, the personal property tax for that
year shall be assessed to the owner prorated on a monthly basis for the portion
of the tax year during which the taxable property has situs within the county.
When taxable property with a situs in the county is transferred to a new owner
within the county, the personal property tax shall be assessed to the new owner
prorated on a monthly basis for the portion of the tax year during which the
new owner owns the taxable property. For purposes of proration, a period of
more than one-half of a month shall be counted as a full month and a period
less than one-half of a month shall not be counted. All taxable property shall
be assessed as of January 1 of each year or, if it acquires situs or has its title
transferred after January 1, as of the first day of the month in which the
taxable property acquires situs within the county or has its title transferred.
The owner of taxable property acquiring situs within the county or to whom
taxable property is transferred shall file a declaration of property ownership to
the commissioner of revenue within thirty days of the date on which such
property acquires a situs within the county or has its title transferred to such
owner.
(d) When any taxable property loses its situs within the county or its title is
transferred to a new owner, the taxpayer shall from that time be relieved
I
from personal property tax on such property and receive a refund of
personal property tax already paid, or a credit against personal property
taxes outstanding against the taxpayer, at the option of the commissioner
of revenue, on a monthly prorated basis, upon application to the
commissioner of revenue; provided, that application is made within one
year from the last day of the tax year which the taxable property lost situs
or had its title transferred.
(e) Any person who fails to pay personal property taxes on or before the date due
shall incur a penalty of ten percent of the tax due, or ten dollars, whichever is
greater; provided, however, that the penalty shall in no case exceed the amount
of tax due. Said sum shall become part of the taxes due. Interest at the rate of
ten percent per annum from the first day following the day such taxes are due
shall be paid upon the principal and penalties of such taxes remaining unpaid.
(f) An exemption from this tax and any penalties arising therefrom shall be
granted for any tax share or portion thereof during which the property was
legally assessed by another jurisdiction and proof is presented to the
commissioner of revenue indicating that such tax on the assessed property was
paid. (9-3-92; 2-4-93.)
NOW, THEREFORE, BE IT ORDAINED, that the Isle of Wight
County Board of Supervisors hereby amends Chapter 15,Article 1, Section
15-5.3 of the Isle of Wight County Code as prescribed above.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
B. An Ordinance to Amend and Reenact the Isle of Wight County Code
by Amending and Reenacting Appendix B, Zoning, Article VI.
Overlay Districts to Amend the Process for Review within the St.
Luke's Historic District
Richard Rudnicki, Principal Planner, briefed the Board relative to the
proposed ordinance amendments with respect to the St. Luke's Historic
District.
Chairman Bailey opened the public hearing and called for citizens to
speak in favor of or in opposition to the proposed ordinance amendment.
No one appeared and spoke.
Chairman Bailey closed the public hearing and called for comments
from the Board.
Supervisor Darden moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT
COUNTY CODE BY AMENDING AND REENACTING APPENDIX B,
IN
ZONING, ARTICLE VI. OVERLAY DISTRICTS TO AMEND THE
PROCESS FOR REVIEW WITHIN THE
ST. LUKE'S HISTORIC DISTRICT
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has the legislative authority to make reasonable changes to the
ordinances that govern the orderly growth and development of Isle of Wight
County; and
WHEREAS, the Isle of Wight County Board of Supervisors is also
concerned about the compatibility of uses on public and private lands within
Isle of Wight County and seeks to allow flexibility in the administration of
the ordinance regulations while protecting the health, safety, and general
welfare of present and future residents and businesses of the County.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Article VI, Overlay Districts
of the Isle of Wight County Code be amended and reenacted as follows:
Sec. 6-3000. Historic Overlay (HO) District.
Sec. 6-3001. Purpose.
The Historic Overlay District zoning fulfills the goals and objectives
outlined in the county's comprehensive plan by establishing a means to
preserve and enhance historic buildings, structures and various historic
resources, identified as important elements of the county's cultural heritage,
through the use of sensitive land use planning and architectural review
procedures. The Historic Overlay District shall include designated areas
portions of Isle of Wight County where historic landmarks, buildings or
structures having an important historic interest are located. Such structures
shall be protected from destruction, damage, defacement and obviously
incongruous development or uses of land. It is also designed to require the
erection, reconstruction and alteration of other buildings and structures to be
architecturally compatible with the historic landmarks, buildings or structures
located therein.
Lastly, this district is established to facilitate the creation of a
convenient, attractive, and harmonious community as stated in Section 15.2-
2283 of the Code of Virginia through the establishment of design standards
that seek to preserve historic landmarks, buildings, structures or districts
(Section 15.2-2306 of the Code of Virginia). (7-7-05.)
Sec. 6-3002. Designation and location.
A. In accordance with the following/ criteria, historic districts shall be
designated and zoned by the board of supervisors around sites of historic
significance or interest and surrounding properties where the architectural
significance or development thereof would impact the site.
E
1. Sites of historic landmarks and landmark sites having important
historical, architectural, archaeological or cultural interest;
2. Buildings, structures or places in which historic events occurred or
having special public value because of notable architectural,
archaeological or other features relating to the cultural or artistic
heritage of the county of such significance as to warrant conservation
and preservation. (7-7-05.)
Sec. 6-3003. Historic architectural review committee.
For the purpose of providing oversight in the administration of historic
district provisions as outlined in this ordinance, the historic architectural
review committee shall have review and approval authority for determining
the architectural compatibility of new construction and exterior alterations
and/or restorations of existing structures within historic districts.
The committee shall be composed of five (5) members appointed by the
board of supervisors. At least one (1) member shall be an architect or an
architectural historian meeting the professional qualification standards of 36
CFR 61, Appendix A. At least two (2) review board members shall have
professional training or equivalent experience in any of the following
disciplines: architecture, history, architectural history, archaeology, or
planning.
When adequate review of any proposed action would normally involve a
professional discipline not represented on the review committee, the
committee must seek appropriate professional advice before rendering its
decision. Information on the credentials of all review committee members
shall be submitted to the state historic preservation office and shall be kept on
file locally for public inspection.
Exceptions to membership shall be approved by the department of
historic resources.
The committee shall have established bylaws and procedures for
conducting business. (7-7-05.)
Sec. 6-3004. Procedures for designation or amendment of a historic district.
A. Applications for the creation or amendment of a historic district, for the
designation of landmarks and landmark sites or for the withdrawal of
such designation, may be made by the historic architectural review
committee, the planning commission, the board of supervisors, the
property owner, or the owners of sixty percent (60%) of the lots within a
proposed historic district. The application shall be filed with the zoning
administrator and shall contain such information as the zoning
administrator shall prescribe.
B. Upon receipt of an application, the zoning administrator shall refer such
application to the historic architectural review committee and the
planning commission.
C. The planning commission and the historic architectural review committee
shall hold a public hearing, which may be held jointly, to review such
application. Within one hundred (100) days after the public hearing, the
planning commission and the historic architectural review committee
shall forward their independent reports to the board of supervisors.
D. The reports shall address the effect of the designation of the proposed
district on future development of the county, and may address such other
matters as they shall deem appropriate. The commission and the
committee shall recommend to the board of supervisors that the proposed
district either be designated, be designated with altered boundaries, or not
be designated.
E. An application to withdraw the designation of an existing historic district
may be made when the original reason for the designation no longer
exists.
F. After receiving the reports and recommendations of the historic
architectural review committee and the planning commission, the board
of supervisors shall conduct a public hearing to consider the request for
designation or amendment of a historic district. (7-7-05.)
Sec. 6-3005. List of historic districts.
The following historic districts are designated within Isle of Wight
County:
A. Courthouse
B. Fort Boykins
C. Fort Huger
D. St. Luke's
The official boundaries of all historic districts shall be delineated on the
official zoning maps of Isle of Wight County. (7-7-05.)
Sec. 6-3006. Erection and reconstruction of buildings and structures within
designated historic districts.
No building or structure, including signs, shall be erected, reconstructed,
substantially altered or restored within any historic district unless the same is
approved by the historic architectural review committee as being
architecturally compatible with the historic landmark, building or structure
therein.
The following exemptions shall not require committee approval:
A. Minor exemptions.
1. Repainting resulting in the same or substantially the same color.
10
2. Replacement of windows, storm windows and doors using the
same materials, profile and sash configuration as existing
windows, storm windows, and doors. Addition or deletion of
window air conditioners.
3. Replacement of sign face which does not alter the size, type, or
placement of an existing sign structure and does not significantly
alter the character of the district.
4. Addition or deletion of television or radio antennas, skylights,
solar collectors, or satellite dishes in locations not visible from a
public street.
5. Planting of grass, trees and shrubs, but not including landscape
treatment which substantially alters the contour of a landmark site.
6. Permitted outside storage which is not visible from a public street.
7. Any interior changes to a structure.
B. Development within the St. Luke's Historic District may be reviewed and
approved administratively by the Zoning Administrator, if the Zoning
Administrator determines that the development is in compliance with the
St. Luke's Historic District Design Guidelines. If the Zoning
Administrator determines that the proposed development is not in
accordance with the approved design guidelines, then it shall be referred
to the Historic Architectural Review Committee for their review and
approval.
C. Notwithstanding the above, the zoning administrator shall have the
authority to order that work be stopped and that an appropriate
application be filed for review in any case where the action may produce
arresting effects, extreme contrasts of materials or colors, intense colors
or patterns, or incongruous details inconsistent with the character of the
present structures or with the prevailing character of the surrounding
historic district. (7-7-05, TBD)
Sec. 6-3007. Demolition of buildings within designated historic districts.
No historic landmark, building or structure within any historic district
shall be razed or demolished unless approved by the historic architectural
review committee.
Penalties for violations of this requirement shall be imposed in
accordance with the provisions of the Code of Virginia, Section 15.2-819. (7-
7-05.)
11
Sec. 6-3008. Guidelines for review of applications for new construction,
alteration, renovation, and demolition within designated historic districts.
A. The historic architectural review committee shall review and decide on all
applications for new construction, alterations, renovations and
demolitions within historic districts in accordance with the following
criteria:
1. Exterior architectural features, including signs;
2. General design, scale and arrangement;
3. Texture, material and color;
4. Relation of above factors to buildings or structures in the immediate
surroundings;
5. Extent to which the historic or architectural value and significance of
the building or structure and its relationship to the historic or
architectural value would preserve or protect historic sites, buildings,
structures or area;
6. Extent to which preservation and protection would promote the
general welfare of the county;
7. Compatibility of planned improvements and renovations with the
architectural and historic quality, character and scale of a historic
building or structure;
8. Effect of the building, structure or place on the comprehensive plan's
goals for tourism, economic development and residential land uses in
and around the historic district, landmark, building, structure or site;
9. Compatibility of the proposed building, structure or site with the goals
for historic preservation as contained in the comprehensive plan. (7-7-
05.)
Sec. 6-3009. Applications for new construction, alteration, renovation, and
demolition within designated historic districts.
A. Applications shall be submitted to the zoning administrator for review by
the historic architectural review committee.
B. Applications shall include the following:
1. Statement of proposed use and user.
2. Statement of estimated construction time.
3. Photographs and maps relating proposed use to the surrounding
property and/or district in which it is located.
4. Site plan drawings, showing the location of the existing and proposed
building and site improvements, including:
a. Existing property boundaries, building placement and site
configuration,
b. Existing topography and proposed grading,
12
c. Location of parking, pedestrian access, signage, exterior lighting,
fencing and other site improvements,
d. Relationship to adjacent land uses,
e. Proposed site improvements, including location of parking,
pedestrian access, signage, exterior lighting, fencing, buildings
and structures and other appurtenant elements, and
f. Proposed building color and materials.
5. Architectural drawings showing plan view and elevations of new
planned construction or renovations, including drawings or original
buildings.
6. A landscaping and buffer plan.
7. Designs for exterior signage, lighting and graphics, to include
description of materials, colors, placement and means of physical
support, lettering style and message to be placed on signs. (7-7-05.)
Sec. 6-3010. Action by the historic architectural review committee on
applications for new construction, alteration, renovation, and demolition.
A. The historic architectural review committee shall take action on a
completed application within one hundred (100) days after the receipt by
the zoning administrator.
B. The committee shall meet with the applicant to review the application
prior to rendering any decision.
C. In considering such application, the committee shall be guided by the
criteria as outlined in section 6-3008. (7-7-05.)
Sec. 6-3011. Appeals.
A. Appeal of historic architectural review committee decision.
1. Any person aggrieved by any decision of the historic architectural
review committee may appeal such decision to the board of
supervisors, provided that such appeal is filed within fourteen (14)
calendar days from the date of notification of the historic architectural
review committee decision.
2. The board of supervisors shall consult with the historic architectural
review committee in relation to any appeal and may require
documentation of any historic architectural review committee decision
prior to hearing the appeal. The board of supervisors may affirm,
reverse or modify the historic architectural review committee decision
and shall notify the zoning administrator of its action.
B. Appeal of board of supervisors decision...... Any person aggrieved by
any decision of the board of supervisors may appeal such decision to the
circuit court for the County of Isle of Wight provided that such appeal is
filed within thirty (30) days after the final decision is rendered by the
board of supervisors. Filing of the petition shall stay the decision of the
13
board of supervisors pending the outcome of the appeal to the circuit
court, except that the time of such petition shall not stay the decision of
the board of supervisors if such decision denies the right to raze or
demolish a historic landmark, building or structure. (7-7-05.)
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
C. An Ordinance to Amend and Reenact the Isle of Wight County Code
by Amending and Reenacting Appendix B, Zoning, Articles III, IV and
V for Expanding the Residential, Civic, Commercial and Miscellaneous
Use Types in the RAC Zoning District.
Beverly H. Walkup, Director of Planning and Zoning, briefed the
Board regarding the proposed amendment to the Zoning Ordinance.
Chairman Bailey opened the public hearing and called for citizens to
speak in favor of or in opposition to the proposed ordinance amendment.
No one appeared and spoke.
Chairman Bailey closed the public hearing and called for comments
from the Board.
Supervisor Alphin moved that the following Ordinance be adopted:
An ordinance to amend and reenact the Isle of Wight County Code by
amending and reenacting Appendix B, Zoning, Articles III, Use Types,
Section 3-3000 (Residential Use Types), Section 3-4000 (Civic Use Types),
Section 3-6000 (Commercial Use Types), and Section 3-8000 (Miscellaneous
Use Types); Article IV, Zoning District and Boundaries, Section 4-2002
(Permitted Uses) and Section 4-2003 (Conditional Uses); and Article V,
Supplementary Use Regulations, Section 5-2000 (Supplementary Density and
Dimensional Regulations), Section 5-5002 (Supplementary Use Regulations
for Residential Use Types), Section 5-5005 (Supplementary Use Regulations
for Commercial Use Types), Section 5-5007 (Supplementary Use
Regulations for Miscellaneous Use Types), for expanding the Residential,
Civic, Commercial and Miscellaneous use types in the RAC zoning district.
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
14
the ordinance regulations while protecting the health, safety, and general
welfare of present and future residents and businesses of the County.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Article III, Use Types,
Section 3-3000 (Residential Use Types) and Section 3-4000 (Civic Use
Types) of the Isle of Wight County Code be amended and reenacted as
follows:
Sec. 3-3000. Residential use types.
Accessory apartment.\ An accessory dwelling unit on the same lot as a single-
family detached dwelling or a commercial use that is clearly incidental and
subordinate to the main use or a separate, complete housekeeping unit that is
substantially contained within the structure of, and clearly secondary to, a
single-family dwelling.
Apartment house.\ See "multifamily dwelling."
Boathouse.\ An accessory structure which is constructed either wholly or
partially over a body of water, which is designed primarily to provide shelter
for water craft or for marine related equipment, for the personal enjoyment of
the occupants of the property.
Community recreation.\ A recreational facility for use solely by the residents
and guests of a particular residential development, planned unit development,
or residential neighborhood, including indoor and outdoor facilities. These
facilities are proposed or planned in association with development and are
usually located within or adjacent to such development. Such uses may
include clubhouses, swimming pools, workout facilities, and tennis courts.
Condominium.\ A building or group of buildings containing three (3) or
more residential units in which the units are owned individually and the
structure, common areas and facilities are owned by all of the owners on a
proportional, undivided basis and which has been created by the recordation
of condominium instruments pursuant to the provision of Chapter 4.2 of Title
55 of the Code of Virginia.
Dwelling, multifamily conversion.\ A multifamily dwelling containing not
more than four (4) dwelling units and results from the conversion of a single
building containing at least two thousand (2,000) square feet of floor area
that was in existence on the effective date of this ordinance and that was
originally designed, constructed and occupied as a single-family residence.
Dwelling, single-family.\ A one -family dwelling unit which is surrounded on
all sides by yards or other open space located on the same lot and which is
not attached to any other dwelling by any means.
Dwelling, single-family, farm.\ A one -family dwelling unit which is
surrounded on all sides by yards or other open space located on the same lot
15
and which is not attached to any other dwelling by any means, and is located
on a lot or parcel containing at least ten (10) acres.
Dwelling, two-family.\ A structure arranged or designed to be occupied by
two (2) families, the structure having only two (2) dwelling units on the same
lot. This use also includes duplexes.
Family day care home.\ A child day care program offered in the residence of
the provider or in the residence of any of the children being cared for and
serving six (6) through twelve (12) children under the age of thirteen (13),
exclusive of the provider's own children and any children who reside in the
home, when at least one (1) child receives care for compensation. Caring for
five (5) or less children shall be considered babysitting as a home occupation.
Group home.\ A residential facility, as defined in Section 15.2-2291 of the
Code of Virginia, in which no more than eight (8) mentally ill, mentally
retarded, or developmentally disabled persons reside, with one (1) or more
resident counselors or other staff persons, and licensed by the Virginia
Department of Mental Health, as residential occupancy by a single family.
Mental illness and developmental disability shall not include current illegal
use or addiction to a controlled substance as defined in Section 54.1-3401 of
the Code of Virginia. Any use not meeting the definition of "group home" as
herein stated, shall require a special use permit pursuant to section 1-1018 of
this ordinance.
Guest house.\ Dwelling or lodging units for a temporary nonpaying guest or
guests in a separate accessory building.
Home occupation, Type I.\ An accessory use of a residence for gainful
employment involving the provision of goods and/or services in accordance
with subsection 5-5002.J, and which affords the greatest degree of protection
to surrounding residents in those areas which are developing and becoming
more suburban in nature.
Home occupation, Type II.\ An accessory use to a residence for gainful
employment involving the provision of goods and/or services in accordance
with subsection 5-5002.J, and which are associated with the more traditional
agricultural and forestry related activities found in the rural areas.
Kennel, private.\ The keeping, breeding, raising, showing or training of dogs
for personal enjoyment of the occupants of the property, and for which
commercial gain is not the primary objective.
Manufactured home, Class A.\ A manufactured home, commonly referred to
as a "doublewide," constructed after July 1, 1976, that meets or exceeds the
construction standards promulgated by the U.S. Department of Housing and
Urban Development that were in effect as the time of construction.
16
Manufactured home, Class B.\ A manufactured home, commonly referred to
as a "singlewide," constructed after July 1, 1976, that meets or exceeds the
construction standards promulgated by the U.S. Department of Housing and
Urban Development that were in effect at the time of construction.
Manufactured home, Class C.\ Any manufactured home, usually consisting of
a "singlewide" but also includes "doublewide", constructed before July 1,
1976.
Manufactured home, family member residence.\ A manufactured home, Class
B located on a lot or parcel with an existing single-family dwelling. The
inhabitant of the manufactured home is a family member of the owner of the
existing single-family dwelling.
Manufactured home, temporary residence.\ A manufactured home, Class B
(single -wide) used temporarily during the construction, repair or renovation
of a permanent residential structure on a single lot or parcel.
Manufactured home park.\ A residential use in which more than one (1)
manufactured home is located on a single lot or tract of land.
Manufactured home subdivision.\ A subdivision especially designed and
improved to accommodate manufactured homes and in which lots are sold for
occupancy by manufactured homes.
Multifamily dwelling.\ A building or portion thereof, which contains three
(3) or more dwelling units for permanent occupancy, regardless of the
method of ownership. Included in the use type would be garden apartments,
low and high-rise apartments, and apartments for elderly housing.
Temporary emergency housing.\ A manufactured home, Class B or
recreational vehicle used temporarily for a period of reconstruction or
replacement of an uninhabitable dwelling lost or destroyed by fire, acts of
nature or used temporarily as housing relief to victims of declared disaster.
Townhouse.\ A grouping of two (2) or more attached single-family dwellings
in a row in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated from any other
unit by one (1) or more common fire-resistant walls. (7-7-05.)
Sec. 3-4000. Civic use types.
Administrative service.\ Governmental officials providing administrative,
clerical or public contact services that deal directly with the citizen. Typical
uses include federal, state and county offices.
Adult care center.\ A facility that provides care to adults during part of the
day only and which includes personal supervision of the adults and promotes
social, physical, and emotional well-being through companionship, self -
education and leisure time activities.
17
Assisted living facility.\ Any congregate residential setting that provides
personal and health care services, twenty -four-hour supervision, meals,
housekeeping and assistance (scheduled or unscheduled) for the maintenance,
or care of four (4) or more adults who are aged, infirm or disabled and who
are cared for in a primarily residential setting. Residents are primarily in
good health and are in need of residential care rather than medical treatment.
Cemetery.\ A place used for interment of human or animal remains or
cremated remains, including a burial park for earth interments, a mausoleum
for vault or crypt interments, a columbarium for cinerary interments, or a
combination thereof.
Cemetery, animal.\ A parcel of land or portion thereof, buildings, and/or
structures used for the interring of animal remains.
Cemetery, church.\ A parcel of land or portion thereof, buildings, and/or
structures, owned and operated by a church, used for the interring of human
remains.
Cemetery, private.\ A parcel of land or portion thereof, buildings, and/or
structures, privately owned and operated, used for the interring of human
remains.
Cemetery, public.\ A parcel of land or portion thereof, buildings, and/or
structures, owned and operated by the county, state, or federal government,
used for the interring of human remains.
Child care center.\ A child day program offered to two (2) or more children
under the age of thirteen (13) in a facility that is not the residence of the
provider or of any of the children in care.
Child care institution.\ Any institution maintained for the purpose of
receiving children for full-time care, maintenance, protection and guidance
separated from their parents or guardians. This shall not include primary or
secondary educational facilities or summer camps.
Club.\ A use providing meeting, or social facilities for social clubs,
fraternal/sororal organizations, lodge, and similar organizations and
associations, primarily for use by members and guests. Recreational facilities,
unless otherwise specifically cited in this section, may be provided for
members and guests as an accessory use. This definition excludes hunt clubs
and dance halls, which are defined separately.
Community center.\ A place, structure, or other facility used for providing
civic and/or recreational programs generally open to the public and designed
to accommodate and serve significant segments of the community. This use
can also be referred to as a convention or civic center.
Correctional facility.\ A publicly or privately operated use providing housing
and care for individuals legally confined, designed to isolate those
individuals from the community.
Crisis center.\ A facility providing temporary protective sanctuary for victims
of crime or abuse, and homelessness including emergency housing during
crisis intervention for individuals, such as victims of rape, child abuse, or
physical beatings.
Cultural service.\ A library, museum, or similar public or quasi -public use
displaying, preserving and exhibiting objects of community and cultural
interest in one (1) or more of the arts or sciences. Such uses shall include, but
are not limited to, libraries, museums, art galleries, and art centers.
Educational facility, college/university.\ An educational institution
authorized by the Commonwealth of Virginia to award associate,
baccalaureate or higher degrees.
Educational facility, primary/secondary.\ A public, private or parochial
school offering instruction at the elementary, junior and/or senior high school
levels in the branches of learning and study required to be taught in the
public schools of the Commonwealth of Virginia.
Halfway house.\ An establishment providing accommodations, rehabilitation,
counseling, and supervision to persons suffering from alcohol or drug
addiction or similar disorders, and/or to persons re-entering society after
being released from a correctional facility or other institution.
Life care facility.\ A residential facility primarily for the continuing care of
the elderly, providing for transitional housing progressing from independent
living in various dwelling units, with or without kitchen facilities, and
culminating in nursing home -type care, where all related uses are located on
the same lot. Such facility may include other services integral to the personal
and therapeutic care of the residents.
Modular classroom.\ Portable, prefabricated buildings which are constructed
off site and used as temporary facilities in relation to expanding educational
facilities. Nursing home.\ A facility whose primary function is to provide
nursing and health-related services for the treatment and inpatient care of two
(2) or more unrelated individuals, including facilities known as convalescent
homes, skilled nursing facilities or skilled care facilities, intermediate care
facilities, extended care facilities and nursing or nursing care facilities. A
hospice is also included in this use. Excluded from this use type is any
facility providing surgical or emergency medical services and facilities
providing care for alcoholism, drug addiction, mental disease, or
communicable disease.
19
Park and ride facility.\ A publicly owned, short-term parking facility for
commuters.
Post office.\ Postal services directly available to the consumer operated by
the United States Postal Service.
Public assembly.\ Facilities owned and operated by a government or quasi -
government agency accommodating public assembly for sports, amusements,
or entertainment purposes. Typical uses include auditoriums, sports
auditorium, convention facilities, fairgrounds, and incidental sales and
exhibition facilities.
Public maintenance and service facility.\ A government owned or operated
facility supporting maintenance, repair, vehicular or equipment servicing,
material storage, and similar activities.
Public park and recreational area.\ Government owned and operated park,
picnic area, playground, indoor or outdoor athletic facility, game preserve
and open space.
Public safety service.\ Facility for the conduct of safety and emergency
services for the primary benefit of the public, whether publicly or privately
owned and operated, including police and fire protection services, emergency
medical and ambulance services, and helicopter landing sites.
Religious assembly.\ A use providing regular organized religious worship
and related incidental activities within or out of a structure including
accessory uses, such as day care facilities, but not including educational
facilities, primary and secondary.
Rehabilitation service.\ A use providing recuperative or similar services for
persons requiring rehabilitation assistance as a result of physical, mental
illness, alcoholism, detention, drug addiction, or similar conditions for only
part of a twenty -four-hour day.
Transit station.\ A passenger station for vehicular, and rail mass transit
systems, including facilities providing maintenance and service for the
vehicles operated in the transit system. Included in this definition are buses,
taxis, railway, etc.
Utility service/major.\ A service of a regional nature which normally entails
the construction of new buildings or structures such as generating plants and
sources, electrical switching facilities and stations or substations, community
wastewater treatment plants, and water supply and production in excess of
fifty thousand (50,000) gallons per day. Included in this definition are also
electric, gas and other utility transmission lines of a regional nature that are
not otherwise reviewed and approved by the Virginia State Corporation
Commission.
20
Utility service/minor.\ A service which is necessary to support development
within the immediate vicinity and involve only minor structures. Included in
this use type are distribution lines and small facilities that are underground or
overhead, such as transformers, relay and booster devices, remote switching
stations, well water, and sewer pump stations. (7-7-05; 5-27-10; Ord. No.
2012-10-C, 10-18-12.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Article III,
Use Types, Section 3-6000 (Commercial Use Types) of the Isle of Wight
County Code be amended and reenacted as follows:
Sec. 3-6000. Commercial use types.
Adult entertainment establishment.\ An establishment having a substantial or
significant portion of its stock in trade books, magazines and other
periodicals which are distinguished or characterized by their emphasis on
matter depicting, describing or related to "specified sexual activities" or
"specified anatomical areas," or an establishment with a segment or section
devoted to the sale or display of such material. This use includes any adult
bookstore, adult mini -motion -picture theater, adult picture theater, cabaret,
massage parlor, drug paraphernalia store, or tattoo parlor.
Agricultural service.\ An establishment primarily engaged in providing
services specifically to the agricultural community which is not directly
associated with a farm operation. Included in this use type would be servicing
of agricultural equipment, independent equipment operators, and other
related agricultural services.
Antique shop.\ A place offering primarily antiques for sale. An antique for
the purposes of this ordinance shall be a work of art, piece of furniture,
decorative object, or the like, of or belonging to the past, at least thirty (30)
years old.
Auction establishment.\ A structure or enclosure where goods and/or
livestock are sold by auction on a recurring basis. Expressly excluded from
this use are non-recurring auctions of property, possessions, estates, and
other items located at the premises where the auction is being conducted.
Bed and breakfast.\ A dwelling or portion thereof, in which lodging is
provided by the owner or operator who resides on the premises. This use
offers short-term lodging rooms and meals for transient guests, none of who
remain for more than fourteen (14) consecutive nights each. This definition
shall include the term tourist home.
Boarding house.\ A single-family dwelling unit, or part thereof, with three (3)
or more rooms that are rented individually or collectively by long-term
residents (at least month-to-month tenants) as opposed to overnight or
weekly guests. A boarding house may make provisions for serving meals.
21
Boat repair yard.\ See "marina" listed under commercial use types.
Boating and Fishing Facilities.\ Facilities catering to the general public,
whether an admission is charged or not, where provisions are made for
fishing from the shoreline or from a pier and/or launching or rental of boats
are available on-site.
Business support service.\ Establishment or place of business engaged in the
sale, rental or repair of office equipment, supplies and materials, or the
provision of services used by office, professional and service establishments.
Typical uses include office equipment and supply firms, small business
machine repair shops, convenience printing and copying establishments, mail
and packaging stores, as well as temporary labor services.
Business or trade school.\ A use providing education or training in business,
commerce, language, or other similar activity or occupational pursuit, and not
otherwise defined as an educational facility, either primary and secondary, or
college and university, or as a home occupation.
Campground.\ Any site, lot, parcel or tract of land on which accommodations
for temporary occupancy are located or may be placed, including cabins,
tents, and recreational equipment, recreational vehicles, and which is
primarily used for recreational purposes and retains an open air or natural
character.
Car wash.\ Washing and cleaning of vehicles. Typical uses include automatic
conveyor machines and self-service car washes.
Commercial equipment repair, accessory to dwelling.\ The repair and/or
maintenance of mechanical, electrical, or electronic devices and equipment,
such as, computers, televisions, lawnmowers, household appliances, machine
parts, and other similar devices.
Commercial indoor amusement.\ Establishments which provide games of
chance, skill or scoring as other than an incidental use of the premises.
Games would include pinball and video machines, pool and billiard tables
and other similar amusement or entertainment devices, whether or not they
are coin-operated, and also card games, bingo, and off-track betting. Typical
uses include game rooms, pool halls, video arcades, and bingo parlors.
Commercial indoor entertainment.\ Predominantly spectator uses conducted
within an enclosed building. Typical uses include motion picture theaters,
drama theaters, concert or music halls.
Commercial indoor sports and recreation.\ Predominantly participant uses
conducted within an enclosed building. Typical uses include bowling alleys,
ice and roller skating rinks, indoor racquetball, squash courts, swimming,
and/or tennis facilities, archery and indoor shooting ranges and similar uses.
22
Commercial outdoor entertainment/sports and recreation.\ Predominantly
spectator uses conducted in open or partially enclosed or screened facilities.
Typical uses include motor vehicle, boat, motorcycle or animal racing
facilities/complexes, drive-in movies, miniature golf, amphitheaters and
outdoor amusement parks, motorized cart and motorcycle tracks, and
motorized model airplane flying facilities. Professional and semi-professional
athletic fields shall also be included in this use.
Commercial outdoor swimming pool and tennis facility.\ Outdoor pools or
tennis facilities operated by a commercial entity that are open to the general
public usually requiring membership or some form of payment.
Construction office, temporary.\ A trailer used as a temporary office during a
construction operation. This use includes construction office trailers occupied
in conjunction with residential or nonresidential development.
Construction sales and service.\ Establishments or places of business
primarily engaged in retail or wholesale sale, from the premises, of materials
used in the construction of buildings or other structures, but specifically
excluding motor vehicle or equipment supplies otherwise classified herein.
Typical uses include building material stores and home supply
establishments.
Contractor office and storage facility.\ An establishment or place of business
engaged in the construction of residential or commercial structures including
trades that assist in building construction or remodeling including carpentry,
electrical, masonry, painting, metalworking, flooring installation, ductwork,
plumbing, heating, air conditioning, roofing, and other similar trades.
Convenience store.\ Establishments primarily engaged in the provision of
frequently or recurrently needed goods for household consumption, such as
prepackaged food and beverages, limited household supplies and hardware.
Crematorium.\ A location used for cremation containing properly installed,
certified apparatus for this process.
Dance hall.\ Any establishment open to the general public where dancing is
permitted and a cover charge is directly or indirectly required for entry into
the establishment. However, a restaurant licensed to serve food and
beverages having a dance floor with an area not exceeding ten (10) percent of
the total floor area of the establishment shall not be considered a dance hall.
Equipment sales and rental.\ Establishments primarily engaged in the sale or
rental of tools, trucks, tractors, construction equipment, and similar industrial
equipment. Included in this use type is the incidental storage, maintenance,
and servicing of such equipment.
Flea market.\ Occasional or periodic commercial activities held in an open
area or enclosed structure where groups of sellers rent space on a short-term
basis to display, barter, or sell goods to the general public. A fee may be
23
charged for expected buyers for admission, or a fee may be charged for the
privilege of offering or displaying such merchandise. A flea market is
composed of semi -closed or outdoor stalls, stands, or spaces.
Funeral home.\ Establishments engaged in undertaking services such as
preparing the dead for burial, and arranging and managing funerals. This use
excludes crematorium, which is defined separately.
Garden center.\ Establishments engaged primarily in the retail sale of trees,
shrubs, seeds, fertilizers, pesticides, plants, plant materials, and garden
supplies, primarily for agricultural, residential and commercial consumers.
Gasoline station.\ A facility for the retail sale of motor vehicle fuels, oils, and
accessories, where repair is incidental, where no more than two (2)
abandoned vehicles or other motor vehicles shall be stored on the premises.
May include the sale of propane or kerosene as an accessory use.
General store, country.\ A single store, the ground floor area of which is
4,000 square feet or less and which offers for sale, primarily, most of the
following articles: bread, milk, cheese, candy, papers and magazines, and
general hardware articles. Gasoline may also be offered for sale but only as a
secondary activity of a country general store.
Golf course.\ A tract of land for playing golf, improved with tees, greens,
fairways, hazards, and which may include clubhouses and shelters. Included
would be executive or par three (3) golf courses.
Golf driving range.\ A limited area on which golf players do not walk, but
onto which they drive golf balls from a common driving tee.
Hospital.\ A building or group of buildings having room facilities for one (1)
or more patients, used for providing services for the inpatient medical or
surgical care of sick or injured humans and which may include related
facilities such as laboratories, outpatient departments, training facilities,
central service facilities, ambulance stops and helicopter landing sites, and
other incidental and subordinate uses integral to hospital operations.
Hospital, special care.\ A special care hospital shall mean an institution
rendering care primarily for patients with mentally -related illness, or under
treatment for alcoholism, substance abuse, etc.
Hotel/motel/motor lodge/inn.\ A building or group of attached or detached
buildings containing lodging units intended primarily for rental or lease to
transients by the day or week. Such uses generally provide additional services
such as daily maid service, restaurants, taverns, or public banquet halls,
ballrooms, and meeting rooms and/or recreation facilities.
24
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.
Mini -warehouse.\ A building designed to provide rental storage space in
cubicles where each cubicle has a maximum floor area of four hundred (400)
square feet. Each cubicle shall be enclosed by walls and ceiling and have a
separate entrance for the loading and unloading of stored goods.
Motor vehicle dealership, new.\ The use of a building, land area or other
premises for the display of new and used automobiles, trucks, vans, or
motorcycles for sale or lease, including warranty repair work and other major
and minor repair service conducted as an accessory use.
Motor vehicle dealership, used.\ Any lot or establishment where two (2) or
more used motor vehicles, including automobiles, trucks, and motorcycles
are displayed at one (1) time for sale or lease, including warranty repair work
and other major and minor repair service conducted as an accessory use.
25
Motor vehicle/outdoor storage.\ The outdoor storage of operable motor
vehicles, and boats. Motor vehicles in this use shall include cars, trucks,
sports utility vehicles, motorcycles, boats, motor homes or RVs. This use
shall specifically include vehicle impound areas for operable vehicles.
Motor vehicle parts/supply, retail.\ Retail sales of automobile parts and
accessories. Typical uses include automobile parts and supply stores which
offer new and factory rebuilt parts and accessories, and include
establishments which offer minor automobile repair services.
Motor vehicle/rental.\ Rental of motor vehicles and light trucks and vans,
including incidental parking and servicing of vehicles for rent or lease.
Typical uses include auto rental agencies and taxicab dispatch areas.
Motor vehicle repair service/major.\ Repair of construction equipment,
commercial trucks, agricultural implements and similar heavy equipment,
including automobiles, where major engine and transmission repairs are
conducted. Typical uses include automobile and truck repair garages,
transmission shops, radiator shops, body and fender shops, equipment service
centers, machine shops and other similar uses where major repair activities
are conducted.
Motor vehicle repair service/minor.\ Repair of automobiles, noncommercial
trucks, motorcycles, motor homes, recreational vehicles, or boats, including
the sale, installation, and servicing of equipment and parts. Typical uses
include tire sales and installation, wheel and brake shops, oil and lubrication
services, automobile glass repair and similar repair and service activities
where minor repairs and routine maintenance are conducted.
Pawn shop.\ A use engaged in the loaning of money on the security of
property pledged in the keeping of the pawnbroker and the incidental sale of
such property.
Personal improvement service.\ Establishment primarily engaged in the
provision of informational, instructional, personal improvements and similar
services. Typical uses include driving schools, health fitness centers or gyms,
reducing salons, dance studios, handicraft and hobby instruction, and
baseball and basketball instruction facilities.
Personal service.\ Establishment or place of business engaged in the
provision of frequently or recurrently needed services of a personal nature.
Typical uses include beauty and barber shops; grooming of pets;
seamstresses, tailors, or shoe repairs; florists; and laundromats and dry
cleaning stations serving individuals and households.
Real estate office, temporary.\ A class A or B manufactured home, single-
family home or other structure used on a temporary basis as a real estate sales
office in conjunction with residential development.
26
Recreational vehicle sales and service.\ Retail sales of recreational vehicles
and boats, including service and storage of vehicles and parts and related
accessories.
Restaurant, drive-in fast food.\ An establishment primarily engaged in the
preparation of food and beverages, for either take-out, delivery or table
service, primarily served in disposable containers at a counter, a drive -up or
drive-through service facility or offers curb service.
Restaurant, general.\ An establishment engaged in the preparation of food
and beverages. This use is characterized by table service to customers in
nondisposable containers.
Retail sales.\ Sale or rental with incidental service of goods and merchandise
for personal or household use which is not otherwise specifically described in
the listing of commercial use types contained herein. Such uses include
bakeries, drug stores, bookstores, furniture, gifts, hardware, grocery stores,
clothing stores, and floral retail shops.
Studio, fine arts.\ A building, or portion thereof, used as a place of business
for visual art, which may include sculptors, artists or photographers.
Taxidermy.\ A building where animal skins are prepared, stuffed and
mounted for sale.
Truck stop.\ An establishment containing a mixture of uses which cater to the
traveling public and in particular motor freight operators. A truck stop might
include such uses as fuel pumps, restaurants, overnight accommodations,
retail sales related to the motor freight industry, and similar uses.
Truck terminal.\ See "warehousing and distribution" listed under industrial
use types.
Veterinary hospital/clinic.\ Any establishment rendering surgical and medical
treatment of animals. Boarding of animals shall only be conducted indoors,
on a short-term basis, and shall only be incidental to such hospital/clinic use,
unless also authorized and approved as a commercial kennel. (7-7-05; 8-21-
08; 12-18-08; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-4-C, 4-18-13.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight
County Board of Supervisors that Appendix B, Zoning, Article III, Use
Types, Section 3-8000 (Miscellaneous Use Types) of the Isle of Wight
County Code be amended and reenacted as follows:
Sec. 3-8000. Miscellaneous use types.
Amateur radio tower.\ A structure on which an antenna is installed for the
purpose of transmitting and receiving amateur radio signals erected and
27
operated by an amateur radio operator licensed by the FCC (Federal
Communications Commission).
Aviation facility, commercial.\ Any area of land or water designated for the
landing and take -off of scheduled aircraft flights, and any appurtenant areas
designated, set aside, used or intended for use, for airport buildings or other
airport facilities, rights-of-way, approach zones, together with all airport
buildings and facilities.
Aviation facility, general.\ Landing fields, aircraft parking and service
facilities, and related facilities for operation, service, fueling, repair, storage,
charter, sales, and rental of aircraft, and including activities directly
associated with the operation and maintenance of airport facilities and the
provision of safety and security. Aircraft includes helicopters,
gyrocopters/planes, powered and nonpowered fixed -wing aircraft, hang
gliders and paragliding and hot air balloons.
Aviation facility, private.\ Any area of land used or intended for the landing
and taking -off of aircrafts for personal use of the tenant or owner of the site,
not available for public use or commercial operations. Aircraft includes
helicopters, gyrocopters/plane, powered and nonpowered fixed -wing aircraft,
hang gliders and paragliding and hot air balloons.
Communication tower.\ A structure on which an antenna or dish is installed
for the transmission, broadcasting or receiving of radio, television, radar, or
microwaves, and similar types of devices. Included under this use type are
aviation radio towers, and cellular phone towers. Excluded are amateur radio
towers, which are described separately.
Composting system, confined vegetative waste or yard.\ A facility for the
manipulation of the nature aerobic process of decomposition of organic
materials to increase the rate of decomposition. Exempt from this definition
are the disposal of agricultural wastes on the farm on which they are
generated, the creation of brush piles on the property on which the material
was generated, and the use of vegetative matter and untreated ground wood
products to construct berms on the property on which the material was
generated.
Hunt club.\ Uses and structures which serve as social organization gathering
spots for persons engaged in hunting and fishing. Dog kennels may be
considered an accessory use.
Parking facility, surface/structure.\ Use of a site for surface parking unrelated
to a specific use or a parking structure which provides parking spaces
together with driveways, aisles, turning and maneuvering areas, incorporated
landscaped areas, and similar features meeting the requirements established
by this ordinance. This use type shall not include parking facilities accessory
to a permitted principal use.
WV
Reconstructed wetland.\ A wetland constructed in a designated area which
has not previously been a wetland and is isolated from existing wetlands to
replace a wetland destroyed by human activity as required by a state or
federal governmental authority.
Shooting range, outdoor.\ The use of land for archery and the discharging of
firearms for the purposes of target practice, skeet and trap shooting, mock
war games, or temporary competitions, such as a turkey shoot. Excluded
from this use type shall be general hunting, and unstructured and
nonrecurring discharging of firearms on private property with the property
owner's permission. (7-7-05; Ord. No. 2013-1-C, 4-18-13.)
Turkey shoot.\ A temporary event consisting of a shooting gallery to test
individual marksmanship where the best marksman wins a prize, usually a
turkey, hence the turkey shoot.
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning (Zoning
Districts and Boundaries), Section 4-2002 (Permitted Uses) and Section 4-
2003 (Conditional Uses) of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 4-2002. Permitted uses.
The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk (*) indicates additional,
modified or more stringent standards which are listed in section 5-5000,
supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Agriculture
• Agricultural farming operation
• Grain dryer and related structures
• Fertilizer storage
• Assembly and repair of farm equipment
• Accessory petroleum storage
• Livestock operation
• Agricultural service towers and antennas
Aquaculture
* Commercial feedlot
Farmer's market
Farm winery
* Forestry operation
• Forestry, silvicultural
• Timbering
Greenhouse, private
Lawn and garden services
* Livestock auction market
* Sawmill
29
* Stable, commercial
• In conjunction with residence
• Not in conjunction with a residence
* Stable, private
* Wayside stand
B. Residential uses:
* Accessory apartment
*Boathouse
• Residential accessory apartment
Dwelling, single-family
Dwelling, single-family, farm
* Family day care home
Group home
* Guest house
* Home occupation, Type I
* Home occupation, Type II
* Kennel, private
* Manufactured home, Class A
* Manufactured home, Class B
* Manufactured home, family member residence
*Manufactured home, temporary residence
* Temporary emergency housing
C. Civic uses:
* Cemetery
• Private
Park and ride facility
Post office
Public safety service
* Utility service/minor
D. Commercial uses:
* Construction office, temporary
*Taxidermy
Veterinary hospital/clinic
E. Miscellaneous uses:
* Amateur radio tower
Hunt club
*Turkey shoot
(7-7-05; 11-15-07; Ord. No. 2011-11-C, 7-7-11.)
Sec. 4-2003. Conditional uses.
The following uses are allowed only by conditional use permit pursuant to
section 1-1017, conditional uses. An asterisk (*) indicating additional,
modified or more stringent standards which are listed in section 5-5000,
supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Farm employee housing
B. Residential uses:
* Dwelling, two-family
co
*Dwelling, multifamily conversion
C. Civic uses:
*Administrative service
* Adult care center
Assisted living facility
* Cemetery
• Animal
• Church
• Public
* Child care institution
* Child care center
Club
* Community center
Correctional facility
Crisis center
Cultural service
Educational facility, college/university
* Educational facility, primary/secondary
Halfway house
*Nursing home
Public assembly
* Public maintenance and service facility
* Public park and recreational area
* Religious assembly
*Transit station
* Utility service/major
D. Office uses:
Medical office
E. Commercial uses:
* Agricultural service • Commercial assembly and repair
• Farm and forestry implement storage, sales, and service
Auction establishment
* Antique shop
* Bed and breakfast
Business or trade school
* Campground
*Campground, workforce
*Commercial equipment repair, accessory to dwelling
* Commercial indoor sports and recreation
* Commercial outdoor entertainment/sports and recreation
* Commercial outdoor swimming pool and tennis facility
* Contractor office and storage facility
* Crematorium
Equipment sales and rental
* Garden center
General store, country
* Golf course
* Golf driving range
31
* Kennel, commercial
Lawn and garden services
* Marina
F. Industrial uses:
* Abattoir or livestock processing
* Construction yard
Convenience center
Custom manufacturing
Industry, type 1
* Landfill, industrial
* Landfill, rubble
* Landfill, sanitary
*Recycling center
* Resource extraction
* Scrap and salvage service
Transfer station
Warehousing and distribution
G. Miscellaneous uses:
* Aviation facility, commercial
* Aviation facility, general
* Aviation facility, private
* Communication tower
Composting system, confined vegetative waste or yard
* Reconstructed wetland
* Shooting range, outdoor
(7-7-05; 11-15-07; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-1-C, 4-18-
13.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Article V,
Supplementary Use Regulations, Section 5-2000 (Supplementary Density and
Dimensional Regulations) of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 5-2000. Supplementary density and dimensional regulations.
A. Accessory building requirements.
1. The following provisions shall regulate the location of accessory
buildings with respect to required yards:
a. Accessory buildings shall be prohibited in any required yard which
adjoins a street, except as permitted under subsection 5-2000.E.3.
b. Accessory buildings shall be located at least five (5) feet from any
required rear lot boundary lines.
C. Where an accessory building is located in a zoning district requiring a
side yard and such building is entirely to the rear of the principal structure,
the accessory building shall be located at least five (5) feet from any
adjoining lot line.
32
d. Accessory buildings shall not exceed the maximum height restriction
for the zone in which such structures are located, except as specified in
subsection 5-2000.D.2.
B. Accessory uses and structures not permitted prior to principal uses or
structures...... No accessory use or structure shall be permitted on a lot unless
the principal use or structure is in existence previously or until construction
of the principal structure is initiated.
C. Building height limitations.
1. For purposes of this section:
a. Except as hereinafter provided, no building or structure, or part thereof,
shall hereafter be erected or altered to a height greater than the maximum
specified for the respective zone.
D. Exceptions to height limits...... Not withstanding other regulations in
this article or the maximum specified for the respective zone, the following
structures shall be permitted:
1. Church spires, belfries, cupolas, monuments, chimneys, utility
transmission towers, water towers, fire towers, cooling towers, elevator
penthouses, monuments or towers used in the manufacturing process, or
other similar structures, may be permitted to exceed the height stipulated in
the schedule of zone regulations by no more than twenty-five percent (25%)
if attached to a building or to a maximum of one hundred (100) feet if
freestanding. The zoning administrator shall determine whether a proposed
height increase is reasonable and serves a function beyond merely drawing
attention to the structure. If an increase above a total of one hundred (100)
feet is desired, a conditional use permit must be obtained.
2. Except as noted above, no accessory building or structure shall exceed
the maximum height limitation established for the zoning district or the
height of the structure to which it is accessory, whichever is less, provided,
however, that structures which are accessory to a single -story structure may
be constructed to a maximum height not exceeding one hundred twenty-five
percent (125%) of the height of the principal structure. In cases where this is
permitted, the accessory structure shall be separated from the principal
residential structure by a distance of at least twenty (20) feet.
3. Buildings or structures used in conjunction with a bona fide
agricultural use or operation in the Rural/Agricultural Conservation (RAC)
District shall be exempt from the height limits specified in the zoning district
regulations.
4. Solar heating and solar collection devices provided such devices do not
exceed by more than five (5) feet the otherwise permitted maximum height
for the zone in which they are located.
5. The Isle of Wight County Board of Supervisors with a recommendation
by the planning commission may authorize an exemption to the height
regulations. In granting exemptions, the board of supervisors with a
recommendation by the planning commission may impose reasonable
conditions. No exemption shall be granted which exceeds the height
limitations of section 5-3000 (restrictions adjacent to airports).
6. Towers and antennas are allowed to the extent authorized in each
zoning district.
33
E. Building setback requirements...... No portion of any building or other
structure may be located on any lot closer to any lot line or to the street right-
of-way line than is authorized in each zoning district.
1. Future highway rights-of-way...... Wherever future highway rights-of-
way have been established by official action by the board of supervisors or
the Virginia Department of Transportation, these rights-of-way shall be used
as the basis for determining required setbacks.
2. Setback measurement from right-of-way.
a. If the street right-of-way line is readily determinable (by reference to a
recorded map, set irons, or other means), the setback shall be measured from
such right-of-way line.
b. In any district, on any lot which fronts on a road having a right-of-way
less than fifty (50) feet wide or of undetermined width, the required
minimum front yard setback line shall be measured from a point twenty-five
(25) feet from the center of such street right-of-way.
3. Front yard requirements in developed areas. ..... Where existing
buildings or structures occupy lots comprising at least fifty percent (50%) of
the lots within a block, and the average front yard depth of the existing
buildings or structures is less than that required by this ordinance, the
average so established may be taken in lieu of that which is normally
required, provided that in no case shall a front yard depth so determined be
less than twenty (20) feet, or less than the setback line denoted on a recorded
subdivision plat, whichever is greater. For the purpose of this calculation, lots
on the same side of a street on either side of the lot in question for a distance
of six hundred (600) feet or to the nearest street intersection, whichever is
less, shall be considered.
4. Front yards on through lots...... On any lot that runs through a block
from street to street, a front yard as otherwise required in the zone shall be
provided along each street lot line.
F. Side yards.
1. Side yards decreased for narrow lot. ..... For each foot by which a
nonconforming lot of record at the time of enactment of this ordinance is
narrower than fifty (50) feet, and where the owner of record does not own
any adjoining property, one and one-half (1'/2) inches may be deducted from
the required minimum width of any side yard for building not exceeding two
and one-half (21/2) stories in height; provided, however, that no side yard
shall be narrower at any point than three (3) feet in any case.
2. Side yards increased for deep buildings...... In any zone where a side
yard is required, the least width of each side yard shall be increased by one
(1) inch for each foot by which the side wall of a building adjacent to a side
yard exceeds fifty (50) feet in overall depth.
3. Corner lot...... On a corner lot in any zone, both yards fronting the
street shall equal the required minimum frontage, width and front yard
setback for that zone. Of the two (2) sides of the corner lot, the front shall be
deemed to be the shortest of the two (2) sides fronting on the streets.
4. Side yard exceptions for attached dwellings...... In the case of attached
dwelling units, the entire structure shall be considered as a single building
with respect to side yard requirements.
M
5. Measure of setback distances or required yards...... Setback distances
or required yards shall be measured from the property line or street right-of-
way line to a point on the lot that is directly below the nearest extension of
any part of the building that is substantially a part of the building itself and
not a mere appendage to it (such as a flagpole, etc.).
G. Walls and fences.
1. Unless otherwise provided for by this ordinance, fences or walls not
more than six (6) feet in height may be located in any required side or rear
yard in any district, other than a required yard adjacent to a street except as
follows:
a. On parcels zoned or occupied by a single-family or two-family
residence, no fence or wall which creates a solid screen may exceed two and
one-half (21/2) feet in height in any required front yard, except that fences
having a uniform open area of fifty percent (50%) or more may be erected to
a maximum height of four (4) feet in such required yards.
b. On parcels zoned for or occupied by any use other than a single-family
or two-family dwelling, no fence or wall that creates a solid screen may
exceed three and one-half (31/2) feet in height in any required front yard,
except that fences having a uniform open area of fifty percent (50%) or more
may be erected to a maximum height of four (4) feet in such yards.
C. Heights shall be measured from the average ground level adjacent to
the fence or wall and shall exclude columns and posts.
2. Open wire fences not exceeding eight (8) feet in height may be erected
in any required yard when wholly or partially enclosing any public school,
park, recreational or playground site or a public utility. Height shall be
measured from the average level of the ground adjacent to the fence or wall.
3. Fences erected for agricultural purposes are exempt from this section.
4. The height, design, and location of fences in required yards erected in
conjunction with a bona fide and permitted industrial use or operation may be
exempt from this section subject to the review and approval of the zoning
administrator.
5. The height, design, and location of fences or walls in required yards
erected in conjunction with an electrical utility station or substation may be
exempt from this section subject to the review and approval of the zoning
administrator.
H. Projections and yard setback modifications.
1. Covered, unenclosed front porches...... Covered, unenclosed porches,
decks, landings, steps, terraces, patios or platforms, open on three (3) sides
except for necessary supporting columns and customary architectural
features, may be permitted in a required front yard provided that such
structure shall not be more than eight (8) feet in width and shall not project
more than three (3) feet into such yard.
2. Covered unenclosed porches permitted in required side or rear yard......
Covered, unenclosed porches, decks, landings, steps, terraces, patios or
platforms, open on three (3) sides except for necessary supporting columns
and customary architectural features, may be permitted in required side or
rear yards provided that no such structure, shall project closer than three (3)
35
feet to any side lot line, that no such structure shall be more than one (1)
story in height or more than twenty-four (24) feet in length, and that no such
structure shall project more than eight (8) feet into any required rear yard.
3. Uncovered porches. ..... Uncovered porches, decks, landings, steps,
terraces, patios or platforms which do not extend above the level of the first
floor of the building (except for railings and railing supports) may project
into any required front, side or rear yard or court not to exceed eight (8) feet.
4. [Architectural features, chimneys, air conditioners, cornices, eaves, belt
courses, sills, canopies, or other similar architectural features.] .....
Architectural features, chimneys, air conditioners, cornices, eaves, belt
courses, sills, canopies, or other similar architectural features (but not
including bay windows or vertical projections) may project into a required
side yard not more than eighteen (18) inches, but not closer than three (3) feet
to the side lot line, and may not exceed thirty-six (36) inches. Chimneys and
air conditioners may project into any yard not more than eighteen (18)
inches, but air conditioners rated at twenty-four thousand (24,000) BTU or
less shall not be so placed as to discharge air within five (5) feet of side yard
lines, and those rated over twenty-four thousand (24,000) to discharge air
within twelve (12) feet of side yard lines, other than side yard lines adjacent
to streets.
5. Open fire escapes...... Open, unenclosed fire escapes may project not
more than four (4) feet into any required yard, but shall not project closer
than three (3) feet to any side lot line.
6. Open stairways and balconies. ..... Open, unenclosed stairways or
balconies, not covered by a roof or canopy, may extend or project into a
required rear yard only, not more than four (4) feet, but shall not be within
three (3) feet of any property line.
7. Exemption of front yard setback for handicap ramps. ..... Handicap
ramps used for residence(s) of a single-family dwelling shall be allowed to
encroach into the required front yard setback. The ramp must be built in
accordance with the American Disabilities Act as it pertains to wheelchair
accessibility. In no instances shall the ramp be covered.
I. Frontage.
1. Where lot lines are established radially from a curved street so as to
increase the width of the lot, the lot frontage in such cases shall be measured
along the chord of such curved street.
2. For lots fronting on the turning circle of a cul-de-sac, individual lot
frontage may be reduced to not less than fifty percent (50%) of the minimum
lot width for the respective zoning district. Frontage for such lots shall be
measured along the chord of the cul-de-sac street.
J. Lots with existing dwellings...... On a lot with one (1) or more existing
dwelling units, no zoning permit shall be used for an additional single-family
dwelling except as specifically permitted in this ordinance. Where a new
residence is intended to replace an existing unit, the demolition permit for the
existing unit shall be issued by the building official prior to or at the same
time as the zoning permit for the new dwelling.
K. Minimum lot size.
36
1. All lots shall have at least the amount of square footage indicated for
the appropriate zoning and overlay districts. The total floor area in all
buildings on the lot shall be considered in determining the adequacy of lot
area.
2. For permitted uses utilizing individual sewage systems, the required
area for any such use shall be approved by the health department. The zoning
administrator may require a greater area if considered necessary by the health
department.
L. Recreational vehicles and watercraft. ..... In all districts it shall be
permissible to store out-of-doors recreational vehicles and watercraft as an
accessory use only in accordance with the following:
1. Such vehicles or watercraft shall be placed in the rear or side yards
only, and shall be located at least five (5) feet from all property lines. This
provision shall not apply to recreational vehicles or watercraft stored within
completely enclosed structures.
2. Recreational vehicles shall not be used as living quarters, and may only
be otherwise occupied in accordance with district regulations.
M. Required yard not to be reduced...... No lot shall be reduced in area so
as to make any yard or any other open space less than the minimum required
by this article, and if already less than the minimum required, such yard or
open space shall not be further reduced, except by approval of the board of
zoning appeals. No part of a yard or other open space provided for any
building, structure or use for the purposes of complying with the provisions
of this article shall be considered as part of a yard or other open space
required under this article for another building, structure or use except in the
case of developments which are planned developments or cluster
developments and provision is made for shared use of open space.
N. Residential density.
1. Only one (1) single-family detached dwelling shall be permitted on any
lot, except that accessory apartments and temporary residences shall be
permitted as otherwise allowed in this ordinance.
2. In determining the number of dwelling units permissible on a lot,
parcel, or tract of land, fractions shall be rounded to the nearest whole
number.
O. Sight triangles.
1. To promote visibility for pedestrians and the operators of motor
vehicles, a clear sight triangle shall be established at the intersecting rights-
of-way of any two (2) streets. The legs of this sight triangle shall be twenty-
five (25) feet in length. They shall begin at the point of intersection of the
two (2) street rights-of-way, and shall extend twenty-five (25) feet along each
right-of-way line. The triangle shall be formed by connecting the endpoints
of these two (2) lines.
2. Landscape plantings or other objects constructed, placed, or
permanently parked within the sight triangle of roadway or driveway
intersections shall conform to Virginia Department of Transportation
guidelines for height. This shall not apply to fire hydrants.
P. Widening of public rights-of-way and roads...... Whenever there shall
be plans or other official documents in existence, approved by either the
37
Virginia Department of Transportation, the Commonwealth Transportation
Board, or the board of supervisors which provides for proposed relocation or
widening of any public right -of way, road, or street, the board may require
additional yard setbacks for any new construction or for any structures
altered or remodeled adjacent to the future planned right-of-way, in order to
preserve and protect the land area needed for such proposed public right-of-
way, road, or street widening. No structure or part of a structure shall be
permitted to be erected within the lines of such proposed public street or
highway and all setbacks governing the location of such structures shall be
measured from the future public right-of-way, where established.
Q. Building footprint...... Any single use building, other than an industrial
use, containing a building footprint of eighty thousand (80,000) square feet
or more measured from the outside perimeter of the building shall require a
conditional use permit in accordance with section 1-1017 of this ordinance
prior to design or construction. For purposes of this section the square
footage of a single user building shall include all buildings located within
one-quarter (1/4) mile owned or operated by essentially the same
establishment, as determined by the zoning administrator. (7-7-05; 4-19-07.)
R. Fishing, hunting and trapping is permitted in the Rural Agricultural
Conservation (RAC) zoning district with the permission of the property
owner(s), and as may be otherwise governed by the Commonwealth and the
Isle of Wight County Code.
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Article V,
Section 5-5002 (Supplementary Use Regulations for Residential Use Types)
of the Isle of Wight County Code be amended and reenacted as follows:
Sec. 5-5002. Supplementary use regulations for residential use types.
A. Accessory apartment...... It is the specific purpose and intent to allow
accessory apartments through conversion of existing larger residential
structures and in the construction of new structures. Such uses are to provide
the opportunity and encouragement to meet the special housing needs of
single persons and couples of low- and moderate -income, both young and
old, as well as relatives of families residing in the county.
It is furthermore the intent and purpose of accessory apartments to allow the
more efficient use of the county's existing housing stock, in a manner
consistent with the land use objectives identified in the comprehensive plan
and to provide alternative housing opportunities while protecting and
preserving property values and community character. To help achieve these
goals and purposes, the following standards are set forth as conditions for
such accessory uses:
1. Residential accessory apartment...... Where allowed as a permitted or a
conditional use in the underlying zoning district, the following shall apply:
a. Location.
i. An accessory apartment may be located either in a primary dwelling
unit or in an accessory structure on the same lot or parcel as the primary
dwelling.
ii. The owner of the residential dwelling unit shall occupy at least one (1)
of the dwelling units on the premises.
b. Minimum lot size. The minimum lot size required for an accessory
apartment is one hundred fifty percent (150%) of the minimum lot size
required for the zoning district in which the use is located.
C. Setback requirements. An accessory apartment shall meet the setback
requirements of the underlying zoning district for the primary dwelling.
d. Apartment size.
i. Minimum floor area: Three hundred (300) square feet.
ii. Maximum floor area: The maximum floor area of an accessory
apartment in a primary dwelling shall not exceed one thousand (1,000) square
feet or thirty percent (30%) of the living area of the primary dwelling,
excluding garages, breezeways, etc., whichever is less. The maximum floor
area of an accessory apartment in an accessory building shall not exceed fifty
percent (50%) of the floor area of the accessory building.
e. Maximum number of bedrooms. No more than two (2) bedrooms are
permitted in an accessory apartment.
f. Maximum number of accessory apartments. No more than one (1)
accessory apartment is permitted per parcel.
g. Exterior appearance. If an accessory apartment is located in the primary
dwelling, the apartment entry shall be located on the side or rear of the unit,
and its design shall be such that the appearance of the dwelling will remain as
a single-family residential structure. No accessory apartment shall be
attached to a primary dwelling by open walkways, breezeways, patios, decks,
etc.
h. Water and sewer service. Approval of the water supply and sewage
disposal shall be obtained from the Isle of Wight County Department of
Health or the Department of Public Utilities.
i. Parking. One (1) parking space shall be required in addition to the
required parking for the primary dwelling.
2. Commercial accessory apartment...... Where allowed as a permitted or
a conditional use in the underlying zoning district, the following shall apply:
a. Location. A commercial accessory apartment may be located either
above or attached to the rear of a commercial unit. In no case shall an
accessory apartment be allowed in an accessory structure.
b. Minimum lot size. The minimum lot size for a commercial unit with an
accessory apartment shall meet the minimum square footage required for the
zoning district in which the use is located.
C. Setback requirements. A commercial accessory apartment shall meet
the setback requirements of the underlying zoning district for a primary
commercial use.
d. Maximum floor area.
i. The maximum floor area of an accessory apartment located above a
commercial unit shall not exceed fifty percent (50%) of the entire unit.
ii. The maximum floor area of an accessory apartment located to the rear
of a commercial unit shall not exceed thirty-five percent (35%) of the entire
unit.
39
�Yc.•. .:may-a.i f- - C
e. - Maximu'm`number•-o'f-bedtobms: -No- re-,thanr--t�vo- (2) bedrooms are
permifted'f�iri` ce' wr�i partifierit. r• ;
6f cessory - apartiif'diW' P'-I' &"M7 ore • than' one (1)
�ccessl'or`y�a��art�n�h`��i���`t�rrfitted'per'commer'ci�.l'u'se �"•`'a � � t,`," .. ` -,� ` ;. �: •`
g. Exterf br -�ppe6rarice.
i. The entry to thelapartment shall be located on the side or rear of the
commercial• •:unit, and tthe building; , design shall maintain its commercial
character aiid` appearance.
ii. No accessory apartment shall be attached to a commercial unit by open
walkways, breezeways, patios, decks, etc.
h. Water and sewer service. Approval of the water supply and sewage
disposal shall be obtained from the Isle of Wight County Department of
Health or the department of public utilities.
i. Parking. Parking for the apartment must be located to the rear or side of
the commercial unit. Each apartment must be provided two (2) parking
spaces in addition to what is required for the commercial use.
B. Boathouse.
1. A boathouse, where permitted in this ordinance, shall be
permitted as an accessory use on property where a legally established single -
family dwelling exists.
2. A conditional use permit shall be required for a boathouse where
there is no existing residence.
C. Community recreation.
1. Except in the case of a planned development, community recreational
facilities shall be developed solely for the noncommercial use of the residents
and guests of the residential development.
2. A conditional use permit shall be required for the commercial or
noncommercial use of a community recreational facility by the general
public. The board of supervisors, following a recommendation by the
planning commission, may vary area and setback requirements for existing
facilities, provided that alternative methods of protecting adjoining properties
are required as conditions of the conditional use permit.
3. Community recreational facilities may be owned and operated by a
homeowner's association or a private or public entity.
4. All outdoor recreational playfields, grounds and facilities and
associated fences or enclosures shall conform to the required front and corner
side yard building setbacks of the underlying zoning district.
5. Recreational structures for indoor recreation shall meet the required
setbacks of the underlying zoning district for a primary use.
6. Pedestrian access to community recreational areas shall be provided
throughout the entire development.
7. Entrances for vehicular access must be provided in accordance with
requirements of the Virginia Department of Transportation, and shall be
located at least fifteen (15) feet from any recreational use on the lot and from
exterior lot lines.
8. Vehicular parking shall be in accordance with the requirements of this
ordinance and shall not be designed as to require or encourage cars to back
into a street.
,e
a. A reduction of up to twenty-five percent (25%) may be granted
administratively if the development contains bike paths and a bike parking
area. This reduction does not apply to the requirements for employee
vehicular parking, or to any community recreational facility open to the
general public.
9. A landscaped buffer shall be provided for all community recreational
uses in accordance with the requirements for civic use types in article VIII.
a. Tot lots developed separately from other recreational areas may be
exempt from landscaping requirements.
10. Lighting shall be installed in accordance with article XI and shall be
arranged to shine inward so that it does not reflect onto adjacent properties or
impair the safe movement of traffic.
D. Condominium.
1. Condominium developments shall be regulated by use in accordance
with the underlying zoning district.
2. A condominium development may be developed in accordance with the
townhouse or multifamily standards as found in the supplementary use
regulations, except that a townhouse condominium development shall not be
permitted to deed any portion of the land with the townhouse unit.
3. Any subdivision of land within a condominium development shall
comply with the Isle of Wight County Subdivision Ordinance and other
county regulations as may by applicable.
E. Dwelling, multifamily conversion...... Where allowed in the underlying
zoning district, a single-family residence in existence as of July 1, 1997, may
be converted to a multifamily dwelling containing not more than four (4)
dwelling units in accordance with the following:
1. Minimum area and setback requirements.
a. Conversions into two (2) dwelling units shall require at least one
hundred fifty percent (150%) of the minimum lot size in the district in which
it is located.
b. Conversions into three (3) dwelling units shall require at least two
hundred percent (200%) of the minimum lot size in the district in which it is
located.
C. Conversions into four (4) dwelling units shall require at least two
hundred fifty percent (250%) of the minimum lot size in the district in which
it is located.
d. The original single-family residence shall meet the minimum setback
requirements of the underlying zoning district.
2. Minimum floor area. ..... The original single-family residence shall
contain at least two thousand (2,000) square feet of floor area.
3. Water and sewer service...... Approval of the water supply and sewage
disposal shall be obtained from the Isle of Wight County Department of
Health or the Isle of Wight County Department of Public Utilities.
F. Dwelling, two-family duplex.
1. Minimum lot size. ..... A two-family duplex dwelling unit shall be
allowed only on lots having at least one hundred fifty percent (150%) of the
minimum lot size in the district in which it is located.
41
2. Yard setback...... All setbacks and other requirements in the district in
which it is located shall apply, except that the side yard along a common wall
separating the two (2) units shall be zero (0) feet.
3. Water and sewer service...... Approval of the water supply and sewage
disposal shall be obtained from the Isle of Wight County Department of
Health or the Isle of Wight County Department of Public Utilities.
G. Family day care home (serving six (6) to twelve (12) children)...... The
following must be satisfied prior to the issuance of a zoning permit for a
family day care home serving six (6) through twelve (12) children:
1. The zoning administrator shall send written notification by certified
letter to the last known address of each adjacent property owner advising of
the proposed family day care home.
2. If no written objection from any property owner so notified is received
within thirty (30) days of the date of sending the notification letter and the
zoning administrator determines that the family day care home otherwise
complies with the zoning ordinance, the zoning administrator may issue a
zoning permit for the family day care home.
3. If written objection from any property owner so notified is received
within thirty (30) days of sending the notification letter, then the zoning
administrator may not issue a zoning permit unless and until such time as a
conditional use permit for the family day care home is approved by the board
of supervisors with a recommendation by the planning commission.
H. Guest house.
1. Location...... A guest house shall be located in an accessory structure
in the rear yard of the primary structure.
a. The owner of the lot or parcel must occupy the primary dwelling.
b. A guest house shall not be permitted as an accessory structure prior to
the construction and occupancy of the primary dwelling.
2. Occupancy.
a. No such quarters shall be occupied by the same guest or guests for
more than three (3) consecutive months in any twelve-month period.
b. No such quarters shall be rented, leased, or otherwise made available
for compensation of any kind.
3. Minimum lot size...... The minimum lot size for a primary dwelling
with a guest house shall be one hundred fifty percent (150%) of the minimum
lot size required for the zoning district in which the use is located.
4. Setback requirements. ..... A guest house shall meet the required
setbacks of the underlying zoning district for the primary dwelling.
5. Maximum floor area...... The maximum floor area of a guest house
shall not exceed thirty percent (30%) of the floor area of the primary
dwelling, excluding garages, breezeways, patios, decks, etc.
6. Maximum number of bedrooms...... No more than two (2) bedrooms
are permitted in a guest house.
7. Maximum number of guest houses...... There shall be no more than one
(1) guest house permitted per residential lot or parcel.
8. Exterior appearance...... The design of a guest house shall maintain and
enhance the character and exterior appearance of the primary dwelling.
9. Water and sewer service...... Approval of the water supply and sewage
disposal shall be obtained from the Isle of Wight County Health Department
or the Isle of Wight County Department of Public Utilities.
I. Home occupation, Type I and Type II.
1. Intent. ..... These provisions are adopted in recognition that certain
small -scaled commercial activities may be appropriate in conjunction with
residential uses. The character and scale of such commercial activities must
be subordinate and incidental to the principal use of the premises for
dwelling purposes, and must be consistent with the predominant residential
character of the property and/or surrounding neighborhood. In addition, these
provisions are intended to limit the size of such home occupations to not
create an unfair competitive advantage over businesses located in
commercially zoned areas.
2. Types of home occupations...... Recognizing the divergent needs of the
developing areas of the county from the rural areas of the county, two (2)
levels or types of home occupations have been established. Type I home
occupations afford the greatest degree of protection to surrounding residents
in those areas that are developing and becoming more suburban in nature. In
contrast, Type II home occupations have been established to recognize the
greater spaces between residents as well as the types of activities that are
similar to those associated with the more traditional agricultural and forestry
related activities found in the rural areas.
3. Uses for home occupation: Type I...... Type I home occupations are
allowed in the following zoning districts: VC, NC, SE, SR, UR, PD -R, PD -
MH, and PD -MX.
The following is a representative listing of uses which may be conducted as
Type I home occupations within the limits established in this section,
however, uses not listed below require a specific letter of confirmation from
the zoning administrator:
• Art, handicraft, music, writing, photography, or similar studios
• Computer and home typing services
• Direct sales product distribution as long as products are directly delivered to
the customer
• Dressmaker, seamstress, tailor
• Babysitting (up to five (5) children)
• Hair cutting and styling
• Home typing or computer services
• Mail-order sales for delivery directly to the customer
• Non -principal offices of physician, dentist, veterinarian, insurance agent,
real estate or similar profession
• Offices of accountant, architect, engineer, surveyor, land planner, soil
scientist, lawyer, income tax preparer, minister, priest, rabbi, member of a
religious order, psychotherapist, counselor, management consultant or similar
professional
• Preparation of food for off -premises catering
• Telephone sales and order -taking
• Tutor
43
4. Uses for home occupation Type II...... Type II home occupations are
allowed in the following zoning districts: RAC and RR.
The following is a representative listing of uses that may be conducted as
Type II home occupations within the limits established in this section,
however, uses not listed below require a specific letter of confirmation from
the zoning administrator:
• All Type I uses
• Carpentry shop
• Contractor businesses
• Electronic sales and service
• Facilities for service and repair of agricultural equipment and incidental
sale of parts and supplies
• Glazier's or painter shop- Heating, plumbing, or air conditioning services
• Landscape and horticultural services
• Limousine service
• Machine shop/metal working provided all is completed in a completely
enclosed building
• Massage, physical therapy
• Motor vehicle display for purposes of sale of up to four (4) vehicles per
year (no more than 1 vehicle may be displayed at any time)
• Repair of small appliances, small engines and limited machining of small
parts, office machines, cameras, and similar small items
• Repair or servicing of small internal combustion engines used in lawn
mowers, edgers, hedge trimmers, power saws and similar yard
maintenance equipment inside enclosed structure
• Retail sales of agricultural, craft and woodworking products principally
produced on-site
• Taxidermy (See supplementary use regulations Section 5-5005 .AA)
• Telephone answering service
• Veterinary services
• Waterman's operation with on -premises wholesale and retail sale
prohibited.
• Wood working and furniture repair, upholstery and cabinet making.
5. Uses that are prohibited as home occupations...... The following uses
shall be prohibited as home occupations:
• Vehicle or boat repair or painting
• Equipment or vehicle rental
• Seafood or bait sales
• Furniture sales
• Funeral director, mortuary or undertaker
• Laboratory shop
• Medical or dental clinic
• Private clubs
• Restaurants
• Animal hospitals
• Commercial stables
• Commercial kennels
• Antique shops
• Gun shops, sale of fire arms, gunsmiths
• Bed and breakfast
• Fortune-teller, including a clairvoyant, a practitioner of palmistry, a
phrenologist, a faith healer, a star analyst, a handwriting analyst who attempts
to predict the future or any other person who attempts to predict the future
• Tattoo parlors
6. General standards for all home occupations.
a. The maximum floor area devoted to home occupations shall not exceed
twenty-five percent (25%) of the finished floor area of the dwelling unit.
b. More than one (1) home occupation may be permitted provided the
total floor area used for all home occupations is not exceeded.
C. No dwelling or structure shall be altered, occupied, or used in a
manner, which would cause the premises to differ from a character consistent
with a residential use. The use of colors, materials, construction, lighting, or
other means inconsistent with a residential use shall be prohibited.
d. There shall be no outside storage of goods, products, equipment,
excluding motor vehicles, or other materials associated with the home
occupation. No toxic, explosive, flammable, radioactive, or other hazardous
materials used in conjunction with the home occupation shall be used, sold,
or stored on the site.
e. The type and volume of traffic generated by a home occupation shall be
consistent with the traffic generation characteristics of other dwellings in the
area.
f. Off street parking shall be provided as appropriate for the specific
nature of the home occupation.
g. The home occupation shall not involve the commercial delivery of
materials or products to or from the premises. This excludes delivery by the
United States Postal Service, Federal Express (FEDEX), United Parcel
Service (UPS) or similar delivery services customarily found in residential
areas.
h. The home occupation shall not increase demand on water, sewer, or
garbage collection services to the extent that the combined demand for the
dwelling and home occupation is significantly more than is normal to the use
of the property for residential purposes.
i. No equipment or process shall be used in a home occupation which
creates noise in excess of sixty (60) dB(A) measured at the property line, or
vibration, glare, noxious fumes, or electrical interference detectable to the
normal senses off the premises or through common walls. In the case of
electrical interference, no equipment or process shall be used which creates
visual or audible interference in any radio or television receivers off the
premises or through common walls.
j. No activity in conjunction with a home occupation shall be conducted
that adversely impacts or disturbs adjoining property owners.
k. Signs are permitted in accordance with article IX of this ordinance.
Only one (1) sign shall be permitted regardless of the number of home
occupations, and must be setback ten (10) feet from the road as measured
from the front property line.
1. All state, federal and local licenses and/or permits shall be obtained
prior to operation.
7. Specific standards for Type I home occupations.
a. Home occupations shall be confined to the primary dwelling. To
conduct a home occupation in an accessory building, a conditional use permit
must be obtained from the board of supervisors pursuant to section 1-1017
b. No one other than permanent residents of the dwelling shall be engaged
or employed in such occupation.
C. There shall be no display or storage of goods or products visible from
the public right-of-way or adjacent property.
d. Lessons in the applied arts shall be permitted, provided the class size
for any lesson does not exceed five (5) students at any one (1) time.
e. Except in the RAC and RR districts, no commercial vehicles shall be
parked or stored on the premises associated with the home occupation.
8. Specific standards for Type II home occupations.
a. Storage of goods or products shall not exceed ten percent (10%) of the
finished floor area devoted to the home occupation.
b. One (1) person who is not a permanent resident of the dwelling may be
engaged or employed in the home occupation.
C. An accessory building or structure may be used with the home
occupation, provided that the total floor area devoted to the home occupation
in the accessory structure and dwelling unit does not exceed thirty percent
(30%) of the finished floor area of the dwelling unit.
J. Kennel, private...... A private kennel shall be located fifty (50) feet
from any property zoned other than RAC or RR.
K. Manufactured home, Class A...... A manufactured home, Class A may
be permanently located on a lot or parcel as permitted by the underlying
district, except in planned development manufactured home parks.
For the purposes of this section, the following shall apply:
1. The manufactured home is the only residential structure located on the
lot or parcel;
2. The manufactured home has a width of nineteen (19) or more feet;
3. The pitch of the home's roof has a minimum vertical rise of one (1) foot
for each five (5) feet of horizontal run, and the roof is finished with a type of
shingle that is commonly used in standard residential construction;
4. The exterior siding consists of materials comparable in composition,
appearance, and usability to the exterior siding commonly used in standard
residential construction;
5. The manufactured home is constructed on a permanent footing that
meets the requirements of the building code. The foundation wall shall be a
continuous, masonry foundation, unpierced except for required ventilation
and access and shall be installed prior to occupancy; and
6. The tongue, axles, transporting lights, and towing apparatus are
removed after placement on the lot and before occupancy.
L. Manufactured home, Class B.
1. A manufactured home, Class B may be permanently located on a lot or
parcel as permitted by the underlying zoning district, except in planned
development manufactured home parks.
.R
2. For the purposes of this section, the following shall apply:
a. The manufactured home is the only residential structure located on the
lot or parcel.
b. The manufactured home is constructed on a permanent footing that
meets the requirements of the building code. Skirting may be permitted
around the perimeter of the foundation.
C. The tongue, axles, transporting lights, and towing apparatus are
removed after placement on the lot and before occupancy.
M. Manufactured home, family member residence. ..... A manufactured
home, Class B, located on the same lot or parcel as a primary dwelling may
be allowed as an accessory use in accordance with the provisions of the
underlying zoning district.
For the purposes of this section, the following shall apply:
1. The manufactured home shall be occupied solely by a specified family
member or members, related to the occupants of the primary residence on the
property.
a. The owner of the lot or parcel must occupy the primary dwelling.
b. A family member manufactured home shall not be permitted prior to
the construction and occupancy of the primary dwelling.
C. The manufactured home shall be removed not later than ninety (90)
days after no longer being occupied by the specified occupants.
2. The minimum lot size for a primary residence with a family member
manufactured home shall be one hundred fifty percent (150%) of the
minimum square footage required by the underlying zoning district.
3. Where public sewer is not available, the Isle of Wight County Health
Department shall approve sewage disposal for all family member
manufactured homes.
4. Only one (1) family member manufactured home is allowed per parcel.
5. No family member manufactured home shall be allowed on a lot with
another manufactured home, Class B.
6. A zoning permit shall not be issued for a family member manufactured
homes until the following procedure has been completed:
a. The zoning administrator is to send written notification by certified
letter to the last known address of each adjacent property owner advising
them of the proposed family member manufactured home and informing
them that the permit may be issued if written comments are not received
within thirty (30) days. The property shall also be posted with a sign pursuant
to section 9-1006 for no less than fourteen (14) days prior to the expiration of
the thirty -day period.
b. If the zoning administrator receives no written objection from any
property owner so notified within thirty (30) days of the date of sending the
notification letter, and the zoning administrator determines that the proposed
manufactured home otherwise complies with the zoning ordinance, and the
requirements for sewage disposal, the zoning administrator may issue a
zoning permit for the family member manufactured home.
C. If the zoning administrator receives written objection from any
property owner so notified within thirty (30) days of the date of sending the
notification letter, then the zoning administrator may not issue a zoning
47
permit unless and until such time as a conditional use permit for the proposed
manufactured home for a family member is approved by the board of
supervisors with a recommendation by the planning commission.
N. Manufactured home, temporary residence...... A manufactured home,
Class B may be allowed as a temporary residence during the construction,
repair, or renovation of a permanent residential structure on a single lot or
parcel subject to the following:
1. All permits for temporary residences, while repairing a permanent
residence shall expire within one (1) year after the date of issuance. No
extension shall be considered unless substantial construction has been
initiated on the permanent residence. One (1) extension not exceeding ninety
(90) days may be granted by the zoning administrator if it is determined that
such additional time is required to reasonably complete the construction,
repair or renovation of the permanent residence.
2. All permits issued for temporary residence while constructing a new
replacement residence shall expire within two (2) years after the date of
issuance. No extension shall be considered unless substantial construction
has been initiated on the replacement residence. One (1) extension not
exceeding ninety (90) days may be granted by the zoning administrator if it is
determined that such additional time is required to reasonably complete the
construction, repair or renovation of the replacement residence.
3. All temporary manufactured homes must be removed at least thirty (30)
days after a final certificate of occupancy has been issued.
4. Only one (1) temporary manufactured home is allowed per parcel.
O. Multifamily dwelling.
1. Districts permitted. ..... Multifamily apartments are permitted as
indicated in the zoning district regulations. The following standards for such
apartment uses are intended to supplement, and in some cases, supersede
those outlined in the schedule of zone regulations district regulations.
2. Density controls for multifamily apartment development.
a. Lot area and dimensions.
i. Minimum lot area: Fifteen thousand (15,000) square feet. (Note:
Multifamily dwellings located on less than three (3) contiguous acres shall
obtain a conditional use permit.)
ii. Minimum frontage: One hundred (100) feet in continuous frontage.
iii. Minimum lot depth: One hundred (100) feet.
iv. Minimum setbacks:
Front: Thirty (30) feet.
Side: Fifteen (15) feet.
Rear: Twenty (20) feet.
3. Buffers and special setback requirements:
a. All structures, including accessory structures, shall be located a
minimum of seventy (70) feet from the right-of-way of an existing street
which abuts or borders the development. An additional twenty -foot setback
from existing arterial streets shall be required for any structure which exceeds
two (2) stories.
b. Building setbacks for lots adjacent to single-family residential districts
or property used for single-family dwellings shall be at least fifty (50) feet.
No active recreational areas, parking, or refuse containers should be located
within this setback area.
C. Whenever the principal entrance to a multifamily structure, or the
entrance to the individual dwelling units therein, faces on and opens directly
onto the side or rear yard portion of a building, the yard width shall not be
less than the front yard requirement. No parking shall be permitted within the
side or rear yard space required under this provision.
d. The rear yard setback may be reduced to twenty (20) feet from service
drives, driveway aisles, parking areas, and alleys.
e. The minimum distance between multifamily structures shall be fifty
(50) feet.
4. Maximum density:..... Fourteen (14) dwelling units per acre.
5. Building coverage: ..... The maximum lot coverage for principal and
accessory buildings shall be forty percent (40%) of the total tract area.
6. Open space:
a. A minimum of forty-five percent (45%) of the total site area shall be
maintained as open space. This required open space shall not be devoted to
service driveways, off-street parking, or loading spaces.
b. It is further provided that twenty-five percent (25%) of the above -
referenced open space be suitable for usable recreational space.
C. Each such recreational space shall be at least fifty (50) feet in the least
dimension with a minimum area of five thousand (5,000) square feet.
7. [Multifamily apartments:] ..... Multifamily apartments shall be provided
with central water and public sewerage systems constructed in accordance
with county standards and specifications for such systems and be approved
by all appropriate agencies.
8. [Private streets:] ..... Private streets shall meet the design, material and
construction standards established by the Virginia Department of
Transportation. A maintenance plan shall be prepared and submitted as part
of the site development plan approval process.
9. [Parking standards.] ..... Parking standards and aisle widths shall be
accordance with article X of this ordinance.
10. Landscaping: ..... For the purpose of landscaping, multifamily
dwellings shall be treated as a commercial use type and required to submit a
landscaping plan meeting all of the guidelines and specifications of article
VIII pertaining to such use types.
11. [Lighting:] ..... Lighting shall be installed in accordance with article XI
(outdoor lighting requirements and restrictions) and shall be arranged to
shine inward so that it does not reflect onto adjacent properties or impair the
safe movement of traffic.
12. Site plan approval:..... Site plans shall be required for all multifamily
developments in accordance with the provisions of this ordinance.
13. Management of common and open spaces in multifamily and
condominium developments:
a. All common and open spaces shall be preserved for their intended
purpose as expressed on the approved site plan.
b. A management structure consisting of a nonprofit association,
corporation, trust, or foundation for all owners of residential property within
the development shall be established to insure the maintenance of open space
and other facilities.
C. The management structure shall be established prior to the sale of any
property.
d. Membership in the management structure shall be mandatory for all
residential property owners, present or future, within the development.
e. The management structure shall manage all common and open spaces,
recreational and cultural facilities, and private streets, and shall provide for
the maintenance, administration and operation of said land and
improvements, and secure adequate liability insurance on the land.
f. The management structure and organization shall comply with the
Condominium Act, Code of Virginia (1950), as amended.
14. Architectural treatment: ..... The following architectural treatments
shall be incorporated into all multifamily developments:
a. Developments shall possess architectural variety but enhance an overall
cohesive residential character. This character shall be achieved through the
creative use of design elements such as balconies and or/terraces, articulation
of doors and windows, varied sculptural or textural relief of facades, and
architectural ornaments, varied rooflines or other appurtenances such as
lighting fixtures and/or plantings, and where applicable varied placement of
front entryways.
b. Pedestrian pathways shall be used to link all buildings, greenspaces,
and recreational areas within the development. Buildings shall be linked to
sidewalks and to each other as appropriate. These walkways shall be
landscaped and lighted.
C. Open space areas shall be considered an organizing element of the site
plan. Courtyards or greens shall be utilized within the development. In such
instances, residential buildings shall front on these open spaces.
P. Temporary emergency housing.
1. Intent:..... These regulations are adopted in recognition that temporary
emergency housing options may be necessitated by fire, flood, or other
unforeseen and sudden acts of nature.
2. Temporary emergency housing, used under a declared disaster:
a. Temporary emergency housing may be placed on property when a
disaster has been declared by the board of supervisors, the Governor of the
Commonwealth of Virginia, or the President of the United States in
accordance with applicable state and federal law.
b. A zoning permit shall be obtained before temporary emergency
housing can be placed on the property.
C. All zoning requirements, including setback requirements, may be
waived as determined to be necessary by the zoning administrator.
d. The period for temporary placement of such structures shall be no more
than twelve (12) months, unless an extension is specifically authorized by the
board of supervisors for an additional period of time to be set by the board.
e. No action under these provisions shall authorize permanent
improvements or establishing a use in violation of this ordinance or any other
law.
50
3. Temporary emergency housing, used during reconstruction or
replacement of an uninhabitable dwelling lost or destroyed by fire, flood, or
other unforeseen and sudden acts of nature.
a. The zoning administrator may authorize the emergency use of a
temporary emergency housing on a lot, if the building official certifies that
the permanent dwelling on the lot is uninhabitable.
b. Only one (1) temporary emergency housing unit shall be permitted on
any lot of record. It shall be located on the same lot as the destroyed
dwelling, and must be occupied only by the person, persons, or family, whose
dwelling was destroyed.
C. The temporary emergency housing shall meet all setback and yard
requirements for the district in which it is located. It shall be anchored and
stabilized in accordance with the provisions of the Virginia Uniform
Statewide Building Code.
d. A one time extension of up to ninety (90) additional days may be
granted by the zoning administrator if substantial reconstruction of the
destroyed dwelling has occurred, and work has, and is continuing to progress.
The temporary emergency housing must be removed within thirty (30) days
after a final certificate of occupancy has been issued for the reconstructed
dwelling.
Q. Townhouse. ..... Townhouses are permitted as indicated in zoning
district(s) regulation(s). The following standards for townhouse development
are intended to supplement, and in some cases, supersede those outlined in
the district regulations:
1. Density requirements:
a. Minimum parcel area: Fifteen thousand (15,000) square feet. (Note:
Townhouse developments located on less than three (3) contiguous acres
shall obtain a conditional use permit.)
2. Townhouse developments:
a. Each parcel utilized for townhouse development shall have a minimum
frontage of at least two hundred (200) feet upon a public street and shall have
a minimum depth of not less than two hundred (200) feet.
b. The maximum permitted density shall not exceed the density permitted
in the zoning district for the total tract area of the townhouse development.
C. The total of all building areas shall not exceed forty percent (40%) of
the gross site acreage of the townhouse development.
3. Townhouse lots:
a. The lot width, measured at the building line, for individual townhouse
dwelling units shall be no less than twenty (20) feet.
b. The lot width of end units of townhouse structures shall be adequate to
provide the required side yards.
C. There shall be no more than one (1) townhouse dwelling unit on a
townhouse lot.
d. Individual townhouse lots shall contain no less than one thousand five
hundred (1,500) square feet, except that end units shall contain not less than
three thousand five hundred (3,500) square feet.
4. Yard requirements:
51
a. Front yards...... The front yard of a townhouse lot which fronts on a
public or private street shall be twenty-five (25) feet.
b. Side yards...... Side yards shall be required only for end unit lots of a
townhouse structure. Under no condition shall a side yard adjacent to a public
or private street, or adjacent to the property line of the townhouse
development be less than the required minimum front yard.
C. Rear yards...... A rear yard of twenty-five (25) feet shall be provided
for each townhouse lot.
5. Building coverage: ..... The maximum lot coverage for principle and
accessory buildings shall be forty percent (40%) of the total tract areas.
6. Building requirements and relationship:
a. Dwelling units per townhouse structure and length of structure...... No
more than eight (8) dwelling units shall be contained in a townhouse
structure. The maximum length of any townhouse structure shall not exceed
two hundred (200) feet.
b. Setback between buildings. ..... The minimum distance between any
two (2) unattached townhouse structures shall be forty (40) feet. The setback
shall be increased to sixty (60) feet if the townhouse structures are face to
face. The point of measurement shall be the exterior walls of the structures
and does not include balconies or other architectural features. In the event
that the structures are contained within a townhouse cluster, the above
distances may be reduced to twenty-five (25) feet and forty (40) feet,
respectively.
C. Distance to service areas...... No townhouse structure shall be closer
than twenty (20) feet to any interior driveway or closer than fifteen (15) feet
to any off-street parking area excluding a garage or parking space intended to
serve an individual townhouse unit.
7. [Minimum livable area:] ..... Individual townhouse units shall contain
at least nine hundred (900) square feet of livable floor area, exclusive of
garages, carports, basements, attics, open porches, patios, or breezeways.
8. Requirements for townhouse cluster:
a. All lots within a townhouse cluster shall front on a public way. A
public way intended for pedestrian circulation shall have a minimum width of
five (5) feet.
b. All public ways or other common facilities within a townhouse cluster
shall be maintained by the property owners within the townhouse cluster.
9. Utilities—Water and sewage systems:
a. Townhouses shall be provided with central water and public sewerage
systems constructed in accordance with standards and specifications for such
systems and be approved by all appropriate agencies including the Isle of
Wight County Department of Public Utilities and the Hampton Roads
Sanitation District.
b. All utilities shall be located underground.
10. [Private streets:] ..... Private streets shall meet the design, material and
construction standards established by the Virginia Department of
Transportation. A maintenance plan shall be prepared and submitted as part
of the site development plan approval process.
52
11. [Parking standards:] ..... Parking standards and aisle widths shall be in
accordance with article X. vehicle parking and landscaping.
12. Open space:..... A minimum of forty percent (40%) of the lot, parcel,
or tract of land upon which the townhouse development is located shall be
maintained in common open space areas.
13. Landscaping:..... For the purpose of landscaping, townhouses shall be
treated as a commercial use type and required to submit a landscaping plan
meeting all of the guidelines and specifications of article VIII pertaining to
such use types.
14. Lighting:..... Lighting shall be installed in accordance with article XI
and shall be arranged to shine inward so that it does not reflect onto adjacent
properties or impair the safe movement of traffic.
15. Site plan approval:..... Site plans shall be required for all townhouse
developments in accordance with the provisions of this ordinance.
16. Management of common and open spaces in townhouses and
condominium developments:
a. All common and open spaces shall be preserved for their intended
purpose as expressed on the site plan.
b. A management structure consisting of a nonprofit association,
corporation, trust, or foundation for all owners of residential property within
the development shall be established to insure the maintenance of open space
and other facilities.
C. The management structure shall be established prior to the sale of any
property.
d. Membership in the management structure shall be mandatory for all
residential property owners, present or future, within the development.
e. The management structure shall manage all common and open spaces,
recreational and cultural facilities, and private streets, and shall provide for
the maintenance, administration and operation of said land and
improvements, and secure adequate liability insurance on the land.
f. The management structure and organization shall comply with the
Condominium Act, Code of Virginia (1950), as amended.
17. Architectural treatment: ..... The following architectural treatments
shall be incorporated into all townhouse developments:
a. Townhouse rows of more than six (6) units shall be clustered and
employ sufficient variety of setbacks to avoid monotonous facades and bulky
masses. The front setback of each townhouse unit shall be varied at least two
(2) feet from the adjacent unit; every third unit shall vary at least four (4) feet
from the adjacent unit.
b. Developments shall possess architectural variety but enhance an overall
cohesive residential character. This character shall be achieved through the
creative use of design elements such as balconies and or/terraces, articulation
of doors and windows, varied sculptural or textural relief of facades, and
architectural ornaments, varied rooflines or other appurtenances such as
lighting fixtures and/or plantings, and where applicable varied placement of
front entryways.
C. Townhouses may front onto open spaces. In this instance, a private
shared driveway in the rear of residential buildings shall be utilized. A
53
minimum of eighty percent (80%) front yard soft landscaping shall be
planted. Garages shall not protrude beyond the farthest wall of the residential
building on the same side.
d. In instances where front entryways are placed in the front yard of a
townhouse, garages shall not protrude forward beyond the front door of the
housing unit.
e. Pedestrian pathways shall be used to link all buildings, green spaces,
and recreational areas within the development. Buildings shall be linked to
sidewalks and to each other as appropriate. These walkways shall be
landscaped and lighted. (7-7-05.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Article V,
Supplementary Use Regulations, Section 5-5005 (Supplementary Use
Regulations for Commercial Use Types) of the Isle of Wight County Code be
amended and reenacted as follows:
Sec. 5-5005. Supplementary use regulations for commercial use types.
A. Adult entertainment establishment. ..... An adult entertainment
establishment shall be permitted where the zoning district(s) regulation(s)
identifies such uses subject to the following standards:
1. No such regulated use shall be permitted:
a. Within one (1) mile of any other existing adult entertainment
establishment; and
b. Within one (1) mile of any residential zoning district, planned
development residential district;
C. Within one (1) mile of any of the following uses:
i. Child care institution, child care center, place of religious assembly, or
establishment that sells religious articles or religious apparel;
ii. Primary or secondary educational facility, and their adjunct play areas;
and
iii. Community recreation, public parks and recreational areas, or cultural
services.
The separation and distances specified in this subsection shall be measured
from property lines, or in the case of zoning districts, from the outward
boundary of that district.
2. Signs and other visible messages. Adult entertainment establishments
shall be permitted to have signs and visible messages based on the allowable
sign area of the zoning district in which they are located, provided:
a. Signs.
i. Sign messages shall be limited to verbal description of material or
services available on the premises.
ii. Sign messages may not include any graphic or pictorial depiction of
material or services available on the premises.
b. Other visible messages.
i. Messages which are visible or intended to be visible from outside the
property (such as on or within doors or windows) shall not display materials,
items, publications, pictures, films, or printed material available on the
54
premises; or pictures, films, or live presentations of persons performing or
services offered on the premises.
3. Discontinuance of operation. Should a use defined as an adult
entertainment establishment cease or discontinue operation for a period of
ninety (90) or more consecutive days, it may not resume, nor be replaced by
any other adult entertainment establishment unless it complies with the
requirements set forth above.
B. Antique shop.
1. The following shall apply to all antique shops:
a. The outdoor display of goods or merchandise for sale shall be
prohibited.
2. The following shall apply in the RAC and VC zoning districts:
a. The use of an existing structure shall be permitted provided adequate
off-street parking is provided in accordance with this ordinance.
b. Direct access to the property shall be provided from a publicly owned
and maintained road, and use of a private road in conducting this business,
other than a driveway for sole use of the owner/occupant of the property,
shall be prohibited.
C. Bed and breakfast. ..... Bed and breakfasts shall comply with the
following standards:
1. Maximum number of guest bedrooms: Five (5);
2. Maximum number of guests at any one (1) time: Fifteen (15);
3. No paying guest shall stay on any one (1) visit for more than fourteen
(14) consecutive nights;
4. One (1) off-street parking space for each guest bedroom shall be
provided in a side or rear yard;
5. Meal service is limited to one (1) daily meal between 6:00 a.m. and
11:00 a.m. per paying overnight guest and is subject to approval by the Isle
of Wight County Health Department for food preparation; and
6. At least one (1) operator of the bed and breakfast shall reside on the
premises or on an adjacent premises.
D. Campground. ..... All campgrounds shall meet the following
requirements:
1. Campground area.
a. Minimum lot area: Ten (10) acres.
b. Minimum lot frontage: One hundred fifty (150) feet abutting a public
highway, road, or other public right-of-way, unless otherwise approved by
the board of supervisors.
2. Camping site density.
a. The density of campsites in a campground shall not exceed an average
of fifteen (15) campsites per acre of the developed portion of the
campground, inclusive of service roads, toilet facilities, and service
buildings.
b. Each camping site shall provide a minimum of nine hundred (900)
square feet.
C. The camping site shall either provide a parking space for one (1) motor
vehicle that will not interfere with the convenient and safe movement of
55
traffic, or provide equivalent parking of one (1) parking space per camping
site in a central area.
3. Setbacks.
a. Minimum setback of all camping sites or pads from:
i. Adjacent property lines and public or street rights-of-way: One
hundred (100) feet.
ii. Any residence of adjacent property owners: Three hundred (300) feet.
iii. All interior roads and from each other: Twenty (20) feet.
4. Roads.
a. Interior roads shall be constructed of a minimum of six (6) inches of
gravel and be twenty (20) feet wide, except that one-way roads may have a
minimum width of ten (10) feet.
b. Campgrounds shall be provided with safe and convenient vehicular
access from abutting public streets or roads.
C. Connections of campgrounds with public streets or roads shall conform
to the applicable design standards as required by the Virginia Department of
Transportation (VDOT).
5. Water and sewer. ..... Each campsite shall have an available water
supply and sewage disposal facilities as may be required by the appropriate
state and county agencies. Whenever public water and/or sewer systems are
available, such systems shall be used.
a. Service buildings. Each campground shall provide conveniently located
service building(s) which shall contain the following minimum equipment for
each twenty (20) campsites within the campground:
i. One (1) flush type toilet,
ii. One (1) lavatory, and
iii. One (1) shower with hot and cold running water for males; and one (1)
of each for females.
Such equipment shall be in accordance with county and state codes. All
portions of the structure shall be properly protected from damage by ordinary
uses and by decay, corrosion, termites, and other destructive elements.
Exterior portions shall be of such material and be so constructed and
protected as to prevent entrance or penetration of moisture and weather.
6. Recreation area. ..... A minimum of fifty percent (50%) of the total
campground shall be reserved for open space and developed recreational area
and shall not include any land required for individual campsites, roads or
service area.
7. Fire protection...... Each campground shall provide such fire protection
equipment as may be recommended by the local fire department. During
installation of electrical service facilities for the campground, the department
of inspections shall inspect and approve the installed electrical systems. A
certificate of approval shall be displayed in the electrical service equipment
area and a copy shall be provided to the zoning administrator.
Additional regulations required to ensure the campground is protected from
fire:
a. Campgrounds shall be kept free of litter, rubbish, and other flammable
materials.
56
b. Portable fire extinguishers rated for class A, B, and C shall be kept in
service buildings and at other locations conveniently and readily accessible
for use by all occupants and shall be maintained in good operating condition.
Their capacity shall not be less than required by applicable codes.
C. Fires shall be made only in stoves, incinerators, and other equipment
intended for such purposes.
8. Site plan...... A site plan shall be submitted for all campgrounds.
9. Time restrictions...... No recreational vehicle or camping trailer shall
be used as a permanent residence and no individual unit shall be continually
occupied in any location for a period of more than sixty (60) days within the
period of one (1) year from the date it was first brought into the community.
10. Special conditions...... Campgrounds shall follow the regulations set
forth in section 1-1017 for conditional uses.
E. Campground, workforce
1. Intent
The workforce campground, in contrast to a recreational campground,
is to provide small scaled facilities in discrete rural areas of the County to
accommodate the workforce associated with the Surry Nuclear Power Plant
and similar facilities during outages, which require skilled and semi -skilled
labor to seek temporary short term housing in the community.
2. General standards:
a. Minimum Lot Size: 5 acres
b. The maximum number of campsites shall be ten sites.
C. No campsite shall be located within 200 feet of single-family residence
located on an adjoining property, other than the residence of the
owner/operator of the campground.
d. Health Department approval shall be obtained for the campground and
sewage disposal system. Any form of sewage disposal may be approved by
the Health, unless otherwise specifically addressed by this ordinance,
provided there is no assumption of liability on Isle of Wight County without
the express approval of the Board of Supervisors.
e. Access to campsites shall be provided by a 10 foot all weather road
suitable for volume and characteristics of the vehicles typical of a
campground.
f. The property on which the workforce campground is located shall have
direct access to a public road, or if a private road is used for access, all of the
property owners having access rights to the private road shall provide a
written authorization for the use of the private road for a workforce
campground.
g. The maximum length of continuous occupancy in the same
campground shall be no more than 120 days. The Zoning Administrator has
the authority to extend occupancy in the campground as necessary consistent
with outage operations. Maximum occupancy shall not be circumvented by
removal of units for brief periods of time, as is determined by the Zoning
Administrator.
h. The location of the campgrounds, the condition of the site and the
nature of surrounding land uses shall be such that loss of farmland and
adverse impact on surrounding property will be minimal. In general, a
57
wooded site or partially wooded site is to be preferred to an open site in order
to preserve farmland, reduce visual impact on development and provide an
attractive environment within the campground.
i. The overall design shall evidence a reasonable effort to preserve the
natural amenities of the site, including wooded areas, steep slopes, bluffs,
wetlands, beaches, and bodies of water. Special emphasis shall be given to
preservation of mature trees and landscaping of areas which must be cleared.
j. The conditional use permit, if approved, shall initially be issued for a
period not to exceed five (5) years. Renewal of the permit shall be obtained
prior to the expiration of the initial five (5) years, after which a permit may
be issued for a period of not more than ten (10) years.
F. Commercial equip repair, accessory to dwelling.
1. The operation and use shall not occupy a building larger than
2,000 square feet.
2. Outdoor storage shall be prohibited.
G. Commercial indoor sports and recreation.
1. Where an indoor shooting range is proposed, the following additional
criteria shall apply:
a. The application shall be referred to the county sheriffs office for
review and comment. Such use shall be designed to eliminate all danger from
flying projectiles, as deemed necessary by the county sheriff.
b. The building and site shall be designed to eliminate any excessive
noise, above what would be customary and typical for the location without an
indoor shooting range.
H. Commercial outdoor entertainment/sports and recreation.
1. The following shall apply to all such uses:
a. All principal buildings and structures and all intensively active areas
associated with this use shall comply with the height, coverage, and setback
regulations for the district in which they are located.
b. The provision of food, refreshments, and entertainment as an accessory
use to the principal use shall be permitted, provided such activity shall not
create additional demand on on-site facilities, including parking, access,
utilities, etc.
C. All outdoor lighting shall be located, shielded, landscaped, or otherwise
buffered so that no direct light shall constitute an intrusion into any
residential area.
I. Commercial outdoor swimming pool and tennis facility. .....
Commercial swimming pools or tennis facilities, including accessory
buildings, may be allowed when consistent with zoning district regulations
upon a finding by the board of supervisors with a recommendation from the
planning commission that such a use will not create excessive traffic, noise,
or physical activity, provided that the following minimum area, frontage, and
setback requirements shall be complied with:
1. Minimum area is five (5) acres;
2. Minimum frontage of two hundred (200) feet on a public road;
3. Swimming pools, tennis courts, recreation areas, and buildings shall be
at least two hundred (200) feet from any adjacent residential zone;
W
4. Setbacks for swimming pools and tennis facilities shall be fifty (50)
feet from the front property line, thirty-five (35) feet from the rear line, and
twenty-five (25) feet from each side property line in all zones; and
5. Where a community recreation facility is proposed to be converted to
this use, the planning commission and board of supervisors may vary the area
and setback requirements above, provided that alternative methods of
protecting adjoining properties are required as conditions of the conditional
use permit.
J. Construction office, temporary.
1. Temporary construction offices, including trailers, may be used on
construction sites provided that such structures shall be removed from the
subject property within thirty (30) days of:
a. The superintendent of inspections issuing a certificate of occupancy for
building construction;
b. For a residential subdivision, upon completion of infrastructure and site
improvements; or
C. The expiration of the building or zoning permit, whichever was last
issued, for the property.
Upon written request, the zoning administrator may grant a reasonable
extension of time based on extenuating circumstances related to the character
and complexity of the construction project.
K. Contractor office and storage facility...... All materials stored on the
property shall be placed either indoors or in a storage yard. The storage yard
shall be fully screened from public view and shall be set back at least one
hundred (100) feet from any adjoining residential district, in addition to
meeting the landscaping zone requirements of article VIII.
L. Convenience store.
1. The following standards shall apply to all convenience stores:
a. When gasoline is sold, all requirements for a gasoline station shall be
met as set forth in subsection 5-5005.0., the supplementary use standards for
a gasoline station.
b. The outdoor display of goods for sale shall be prohibited.
M. Crematorium...... A crematorium may be permitted where indicated in
the zoning district(s) regulation(s).
1. Any crematorium shall be located at least two hundred (200) feet from
any residential lot line.
2. The proposed location is compatible with adjacent land uses, existing
or proposed highways, and other elements or factors deemed to affect the
public health, safety, and welfare of the inhabitants of such district.
N. Flea market.
1. The following shall apply to all flea markets:
a. All areas designated and used for the display and/or sale of
merchandise shall be shown on a site plan approved by the county. All such
areas shall be under a roof or in permanently designated areas. Use of any
area not shown for such use on the approved site plan, including parking
areas for incidental sales, shall constitute a violation of this ordinance.
b. All outdoor areas used for the display and/or sale of merchandise shall
be located seventy (70) feet from any street. Merchandise shall be removed
we
from outdoor display areas on a daily basis, including any temporary
structures used in the display or sale of the merchandise.
C. Regular refuse disposal shall be required and the property shall be kept
free of litter, rubbish, and all other materials.
2. Any tractor trailers, shipping containers, storage buildings, and similar
facilities or structures are prohibited.
3. Flea markets shall not be approved where their location would
contribute to the depreciation of the business district or disrupt the stability
of the business district.
O. Funeral home (as a conditional use).
1. The use of a tract or parcel of land or buildings for a funeral home may
be allowed when identified in the zoning district(s) regulation(s) as a
conditional use upon a finding by the board of supervisors with a
recommendation by the planning commission that:
2. The use will not create excessive noise, traffic, or type of a physical
activity.
3. Special conditions, such as provisions for additional fencing or
planting or other landscaping, additional setback from property lines,
location, arrangement of lighting and parking areas, and other reasonable
requirements deemed necessary to safeguard the general community interest
and welfare, may be invoked by the board of supervisors with a
recommendation from the planning commission as requisites to the granting
of a conditional use.
P. Garden center...... A garden center shall comply with the following:
1. All buildings and outdoor storage areas shall be at least fifty (50) feet
from any property line, except:
a. Plant materials may be stored or displayed in the front yard no closer
than thirty-five (35) [feet] from a street. The display of equipment, tools or
bagged and bulk materials in the front yard shall be prohibited.
2. All materials stored on site that produce odors or attract pests or other
vermin shall be effectively covered or otherwise managed to effectively
eliminate any nuisance of such storage.
3. The outdoor storage of garden tools, bulk or bag materials, and similar
items shall only be allowed within a fully screened storage area.
Q. Gasoline station.
1. The following shall be required for all gasoline station uses:
a. In addition to the buffer zone planting requirements of article VIII,
screening with a solid, durable wall or a substantial, solid fence, not less than
six (6) feet in height shall be provided in the buffer zone. Required buffer
zone plantings shall be located between the solid screen and the adjacent
properties. Such additional screening may be waived by the board of
supervisors when the natural terrain or existing vegetation provides an
effective buffer.
b. Signs, product displays, parked vehicles, and other obstructions that
would adversely affect visibility at any intersection or driveway shall be
prohibited.
C. Lighting, including permitted illuminated signs, shall be arranged so as
not to reflect or cause glare in any residential zone or upon the adjacent
roadway. See article XI.
d. Gasoline pumps or other service appliances shall be located on the lot
at least ten (10) feet behind the building line, and all service, storage, or
similar activities in connection with such use shall be conducted entirely
within the building.
e. There shall be at least twenty (20) feet between driveways on each
street and all driveways shall be perpendicular to the curb or street line.
f. Light motor vehicle repair work may be done at a motor vehicle fuel
and service station, provided that no major repairs, spray paint operation, or
body or fender repair are permitted.
g. Motor vehicles shall not be parked so as to overhang the public right-
of-way.
h. A motor vehicle storage lot containing no more than three thousand
five hundred (3,500) square feet may be permitted for use in connection with
a towing operation. Such storage shall be screened from public view as
specified in article VIII, and shall not be for the storage of inoperable,
unlicensed, or unregistered motor vehicles.
i. When such use occupies a corner lot, the location of egress and ingress
driveways shall be in compliance with any and all applicable standards of the
Virginia Department of Transportation. Such driveways shall not exceed the
applicable commercial entrance standards or requirements of the Virginia
Department of Transportation.
j. The canopy of a gasoline station shall not exceed fifteen (15) feet in
height measured from the bottom of the canopy to the paved surface of the
fueling lane, shall have a double -pitched roof of no less than 5:12, and shall
be architecturally integrated with the principle building.
k. The canopy shall utilize the same architectural elements and building
materials as the principle building.
1. In the event that a gas station is vacant for a period greater than
eighteen (18) months, the county shall require the owner of record to provide
suitable financial surety in an amount sufficient to remove and dispose of any
underground tanks plus ten percent (10%). Absent such surety, the county
may remove any such tanks and place a lien on the property including all
administration costs.
R. Golf course/driving range. ..... Golf courses, including golf driving
ranges, shall comply with the following regulations:
1. The incidental provision of food, refreshments, and entertainment for
patrons and their guests may be allowed in connection with such use,
provided they do not draw an excessive amount of traffic through local
residential streets, and that their provision is subordinate to the principal use.
2. All outdoor lighting shall be located, shielded, landscaped, or otherwise
buffered so that no direct light shall constitute an intrusion into any
residential area or adjacent streets.
3. If adjacent to single-family residential use all buildings and parking
shall meet a minimum setback of one hundred (100) feet from the property
line.
61
4. Adequate netting, screening, or other similar devices shall be installed
around the golf ball landing area to ensure golf balls don't land beyond the
subject property lines or negatively impact any adjoining structures. The
zoning administrator shall determine the adequacy of the system used to keep
golf balls within the golf ball landing area.
S. Kennel, commercial.
1. General standards:
a. Animal waste shall be disposed of in a manner applicable to all federal,
state and local laws and regulations.
b. Crematoria or land burial of animals in association with a commercial
kennel shall be prohibited.
2. Additional standards in the RAC district:
a. The minimum area required for a commercial kennel shall be two (2)
acres.
b. All facilities associated directly with the commercial kennel, whether
indoors or outdoors, shall be set back a minimum of one hundred (100) feet
from any property line, and shall meet the screening zone requirements as
specified in article VIII.
C. The site shall front on and have direct access to a publicly owned and
maintained street.
3. Additional standards in the GC district:
a. All outdoor runs, training areas and pens associated with a commercial
kennel shall be set back a minimum of one hundred (100) feet from any
property line, and shall meet the screening zone requirements as specified in
article VIII.
T. Marina...... Marinas in the RAC, RR, VC, and NC districts in existence
as of the date of this ordinance may be expanded or enlarged without a
conditional use permit provided that all other site plan requirements are met.
U. Miniwarehouse. ..... A miniwarehouse may be permitted consistent
with the zoning district(s) regulation(s), provided:
1. The minimum lot size shall be three (3) acres.
2. All storage spaces shall be contained in individual enclosed stalls
containing no more than four hundred (400) square feet each and no greater
than ten (10) feet in height.
3. The following uses shall be prohibited:
a. Auctions by tenants, commercial wholesale or retail sales, or
miscellaneous or garage sales.
b. The servicing, repair or fabrication of motor vehicles, boats, trailers,
lawn mowers, appliances or other similar equipment.
C. The operation of power tools, spray -painting equipment, table saws,
lathes, compressors, welding equipment, kilns, or other similar equipment.
d. The establishment of a transfer and storage business.
e. The storage or transfer of toxic, flammable, or otherwise hazardous
chemicals or similar substances, highly combustible, explosive or hazardous
materials regulated by local, state, or federal law.
f. Residential uses (other than a resident manager's apartment).
62
4. Outdoor storage areas shall be used for the storage of motor vehicles,
trailers, and recreational vehicles only and shall meet the screening zone
requirements of article VIII.
5. When adjoining properties are used or zoned for residential purposes:
a. Non -street -facing property lines shall be improved with a solid, vinyl
or wooden fence, or masonry wall along the entire length (except for
approved access crossings) a minimum of six (6) feet in height, installed in
addition to, and to the interior of, the required buffer zone plantings specified
in article VIII.
b. In addition to the required frontage zone plantings specified in article
VIII, street -facing property lines shall require a wooden fence or masonry
wall along the entire length (except for approved access crossings) a
minimum of six (6) feet in height. Said improvements are to be located
outside any public right-of-way and interior to any required setback or
frontage zone landscaping.
6. No security fencing, security gate or other obstruction to vehicle access
shall be permitted in the required front yard setback or in any required buffer
yard.
7. All interior driveways shall be at least twenty-six (26) feet wide when
cubicles open onto one (1) side only and at least thirty (30) feet wide when
cubicles open onto both sides to accommodate loading and unloading at
individual cubicles. Adequate turning radiuses shall be provided, where
appropriate, for a thirty -foot -long single unit truck or moving van.
V. Motor vehicle dealership, new.
1. General standards:
a. Outdoor display areas in conjunction with automobile sales shall be
constructed of the same materials required for off-street parking areas.
b. The storage and/or display of motor vehicles in the required frontage
zone, buffer, or planting strip along a right-of-way shall be prohibited.
C. Exterior display or storage of new or used automobile parts is
prohibited.
d. All repair services shall take place within an enclosed structure.
e. Body and fender repair services are permitted provided:
i. The area devoted to such services does not exceed twenty percent
(20%) of the floor area.
ii. The repair facilities are at least one hundred fifty (150) feet from any
adjoining residential district.
iii. Any spray painting takes place within a structure designed for that
purpose and approved by the department of building inspections.
iv. Any vehicle awaiting body repair or painting, or is missing major
mechanical or body parts, or has been substantially damaged shall be placed
in a storage yard. The storage yard shall be fully screened from public view
and shall be set back at least one hundred (100) feet from any adjoining
residential district, in addition to meeting the landscaping zone requirements
of article VIII.
W. Motor vehicle dealership/used...... General standards:
1. Outdoor display areas in conjunction with automobile sales shall be
constructed of the same materials required for off-street parking areas.
63
2. The storage and/or display of motor vehicles in the required frontage
zone, buffer, or planting strip along a right-of-way shall be prohibited.
3. Exterior display or storage of new or used automobile parts is
prohibited.
4. All repair services shall take place within an enclosed structure.
5. Any vehicle which is missing major mechanical or body parts or has
been substantially damaged shall be placed in a storage yard. The storage
yard shall be fully screened from public view and shall be set back at least
one hundred (100) feet from any adjoining residential district, in addition to
meeting the landscaping zone requirements of article VIII.
X. Motor vehicle parts/supply, retail...... General standards:
1. Exterior display or storage of new or used automobile parts is
prohibited.
2. Equipment and vehicles stored overnight on the premises shall be
behind the front building line or at least thirty-five (35) feet from the public
right-of-way, whichever is greater.
Y. Motor vehicle/rental...... General standards:
1. Unless otherwise permitted and approved, the conducting of any major
repairs, spray paint operation, body or fender repair, or sale of gas shall be
prohibited, except that not more than one (1) gasoline pump shall be
permitted, but only for the fueling of rental vehicles.
2. Vehicles shall be stored or parked in areas constructed of the same
materials required for off-street parking areas, and meeting the landscaping
requirements for parking zones.
3. When such a use abuts a residential zone or civic use, the use shall be
screened by a solid vinyl or wooden fence, or masonry wall not less than six
(6) feet in height.
4. Signs, product displays, parked vehicles, and other obstructions that
would adversely affect visibility at any intersection or driveway shall be
prohibited.
5. Lighting, including permanent illuminated signs, shall be arranged so
as not to reflect or to cause glare into any residential zone.
Z. Motor vehicle repair service/major...... General standards:
1. All vehicles stored on the premises in excess of seventy-two (72) hours
shall be placed in a storage yard. The storage yard shall be fully screened
from public view and shall be set back at least one hundred (100) feet from
any adjoining residential district, in addition to meeting the landscaping zone
requirements of article VIII.
2. Body and fender repair services shall be subject to the following:
a. The repair facilities are at least one hundred fifty (150) feet from any
adjoining residential district.
b. Any spray painting takes place within a structure designed for that
purpose and approved by the department of building inspections.
C. Any vehicle awaiting body repair or painting, or is missing major
mechanical or body parts, or has been substantially damaged shall be placed
in a storage yard. The storage yard shall be fully screened from public view
and shall be set back at least one hundred (100) feet from any adjoining
residential district, in addition to meeting the landscaping zone requirements
of article VIII.
d. Exterior display or storage of new or used automobile parts is
prohibited.
e. Direct access to the property shall be provided from a publicly owned
and maintained road, and use of a private road in conducting this business,
other than a driveway for sole use of the owner/occupant of the property,
shall be prohibited.
AA. Motor vehicle repair service/minor...... General standards:
1. Exterior display or storage of new or used automobile parts is
prohibited.
2. Equipment and vehicles stored overnight on the premises shall be
behind the front building line or at least thirty-five (35) feet from the public
right-of-way, whichever is greater.
BB. Restaurant, drive-in fast[food] . ..... General standards.
1. Such restaurants shall comply with the requirements for drive-through
facilities contained in subsection 5-1004.D, accessory uses, and section 10-
1013, stacking spaces and drive through facilities. (7-7-05; Ord. No. 2012-
10-3, 10-18-12.)
CC. Taxidermy..... General standards:
1. Proper permitting and record retention shall be required through the
Commonwealth for stuffing and mounting birds and animals for
compensation or for sale, as provided for in Title 29.1.
2. Proper disposal of waste material to prevent potential disease
transmission is required by the following means, and without undue
delay:
a. Incinerating organic waste material in an approved incinerator,
not by open burning, even in a pit.
b. Placing organic waste material in a legal landfill using a covered
leakproof container for transport.
c. Use of animal remains for hunting and/or as an animal food
source shall be prohibited.
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Article V,
Supplementary Use Regulations, Section 5-5007 (Supplementary Use
Regulations for Miscellaneous Use Types) of the Isle of Wight County Code
be amended and reenacted as follows:
Sec. 5-5007. Supplementary use regulations for miscellaneous use types.
A. Reserved.
B. Amateur radio tower.
1. The maximum height allowed shall be no greater than two hundred
(200) feet pursuant to Section 15.2-2293.1 of the Code of Virginia.
2. The following setback requirements shall apply to all towers and
antennas:
65
a. The tower must be set back from any off-site residential structure no
less than the full height of the tower structure and height of any mounted
antenna.
b. Towers, guys and accessory facilities must satisfy the minimum
setback requirements for primary structures.
C. Aviation facility. ..... An aircraft landing area or airport may be
permitted, provided:
1. A satisfactory airspace analysis by the Federal Aviation Administration
for operation under visual flight rules shall be submitted with the use permit
application.
2. For fixed -wing aircraft, a clear zone extending one thousand (1,000)
feet from the end of all runways shall be secured through ownership or
easement, but, in no case, shall the end of a runway be closer than two
hundred (200) feet from any property line.
3. For both fixed- and rotary -wing aircraft, neither the landing area nor
any building, structure, or navigational aid shall be located within four
hundred (400) feet of any property line adjacent to a residential district or
use.
i. Landing areas for rotary -wing aircraft shall be designed to comply with
the Airport Design Guide of the Federal Aviation Administration.
D. Communication tower (and associated substation).
1. General description. ..... The purpose of this section is to establish
general guidelines for the siting of towers and antennas. The goals of this
section are to:
a. Encourage the location of towers in nonresidential areas and minimize
the total number of towers and tower sites throughout the community.
b. Encourage strongly the joint use of new and existing tower sites.
C. Encourage users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the community is minimal.
d. Encourage users of towers and antennas to configure them in a way that
minimizes the adverse visual impact of the towers and antennas.
e. To provide adequate sites for the provision of telecommunication
services with minimal negative impact on the resources of the county.
This section is intended to comply with all federal and state regulations.
2. Applicability. ..... This section shall not govern any tower, or the
installation of any antenna, that is:
a. Under fifty (50) feet in height;
b. Owned and operated by a federally licensed amateur radio station
operator; or
C. Used exclusively for receive only antennas for amateur radio station
operation; or
d. Used solely as part of an agricultural operation.
3. Existing structures and towers...... The placement of an antenna on or
in an existing structure such as a building, sign, light pole, water tank, or
other freestanding structure or existing tower or pole shall be permitted so
long as the addition of said antenna shall not add more than twenty (20) feet
in height to said structure or tower and shall not require additional lighting
M,
pursuant to FAA (Federal Aviation Administration) or other applicable
requirements.
Such permitted use also may include the placement of additional buildings or
other supporting equipment used in connection with said antenna so long as
such building or equipment is placed within the existing structure or property
and is necessary for such use. The following shall be required of any
proposed antenna or "co-location":
a. All utilities required will be placed beneath the surface of the ground.
b. Commercial wireless service co-locations shall not include facilities for
transmitting or receiving signals by governmental agencies.
C. All co-locations must be in compliance with Federal Communication
Commission (FCC) standards for non-ionizing electromagnetic emissions.
In addition, a non-ionizing electromagnetic radiation (NIER) report shall be
required for any proposed co-location if an impact analysis for that co-
location port was not included within the NIER report submitted at the tower
approval stage.
4. General guidelines and requirements.
a. Must consider county-owned locations first in considering new builds.
b. Must agree up front to escrow or payment in lieu of escrow.
C. Principal or accessory use:
i. For purposes of determining compliance with area requirements,
antennas and towers may be considered either principal or accessory uses.
ii. An existing use or an existing structure on the same lot shall not
preclude the installation of antennas or towers on such lot.
iii. For purposes of determining whether the installation of a tower or
antenna complies with district regulations, the dimensions of the entire lot
shall control, even though the antennas or towers may be located on leased
area within such lots.
iv. Towers that are constructed, and antennas that are installed, in
accordance with the provisions of this section shall not be deemed to
constitute the expansion of a nonconforming use or structure.
5. Inventory of existing sites...... Each applicant for an antenna and or
tower shall provide to the department of planning and zoning an inventory of
its existing facilities that are either within the locality or within five (5) miles
of the border thereof, including specific information about the location,
height, and existing use and available capacity of each tower.
The department of planning and zoning may share such information with
other applicants applying for approvals or conditional use permits under this
section or other organizations seeking to locate antennas within the
jurisdiction of the locality, provided, however that department of planning
and zoning shall not, by sharing such information, in any way represent or
warrant that such sites are available or suitable.
6. Design and lighting requirements...... The requirements set forth in this
section shall govern the location of all owners and the installation of all
antennas governed by this section; provided, however, that the board of
supervisors may waive any of these requirements if it determines that the
goals of this section are better served thereby.
67
a. Towers shall either maintain a galvanized steel finish or, subject to any
applicable standards of the FAA (Federation Aviation Administration), be
painted a neutral color, so as to reduce visual obtrusiveness. Dish antennas
will be of a neutral, nonreflective color with no logos.
b. At a facility site, the design of the buildings and related structures shall,
to the extent possible, use materials, colors, textures, screening, and
landscaping that will blend the tower facilities to the natural setting and
surrounding structures.
C. If an antenna is installed on a structure other than a tower, the antenna
and supporting electrical and mechanical equipment must be of a neutral
color that is identical to, or closely compatible with, the color of the
supporting structure so as to make the antenna and related equipment as
visually unobtrusive as possible.
d. Towers shall not be artificially lighted, unless required by the FAA
(Federal Aviation Administration) or other applicable authority. If lighting is
required, the board of supervisors may review the available lighting
alternatives and approve the design that would cause the least disturbance to
the surrounding views.
e. No advertising of any type may be placed on the tower or
accompanying facility unless as part of retrofitting an existing sign structure.
f. To permit co -location, the tower may be required to be designed and
constructed to permit extensions.
7. Federal requirements. ..... All towers must meet or exceed current
standards and regulations of the Federal Aviation Administration (FAA), the
Federal Communications Commission (FCC), and any other agency of the
federal government with the authority to regulate towers and antennas. In
addition, the tower owner shall implement U.S. Fish and Wildlife Service
procedures for communication tower construction, operation, and
decommissioning to protect endangered night -migrating birds under the
Migratory Bird Treaty Act, Endangered Species Act, and Bald and Golden
Eagle Act.
8. Building codes. ..... To ensure the structural integrity of towers, the
owner of a tower shall ensure that it is maintained in compliance with
standards contained in applicable federal, state and local building codes and
regulations.
9. Information required for conditional use permit. ..... Each applicant
requesting a conditional use permit under this section shall submit a scaled
plan and a scaled elevation view and other supporting drawings, calculations,
and other documentation, signed and sealed by appropriate licensed
professionals, showing the location and dimensions of all improvements,
including information concerning topography, radio frequency coverage,
tower height requirements, setbacks, drives, parking, fencing, landscaping
and adjacent uses. The county may require other information to be necessary
to assess compliance with this section. Additionally, the applicant shall:
a. Provide actual photographs of the site from all geographic directions
(north, south, east, and west) and from any additional vantage point specified
by the zoning administrator; and
::
b. Erect a temporary structural marker of fluorescent color, not less than
ten (10) feet in height and two (2) feet in diameter, to mark the base of the
proposed tower on the site.
The photographs shall contain a simulated photographic image of the
proposed tower and include the foreground, the mid -ground, and the
background of the site. The structural marker shall be erected at the time of
application and removed within ten (10) days after the final public hearing
for the proposed conditional use permit request. The objective of the
photograph simulations and structural marker shall be to provide a vertical
representation of the structure for survey of the visual impacts the tower will
have from significant highway corridors, residential properties, and
historic/significant areas.
In addition to the above required information, the applicant shall also submit
the following:
a. An engineering report from a qualified radio-frequency engineer that is
sealed and signed and specifies the height above grade for all potential
mounting positions for co -location antennae and the minimum required
separation distances between antennae to ensure no frequency interference.
b. An engineering report from a qualified structural engineer that is sealed
and signed, and supports the proposed vertical design separation of antennae
and includes the following:
i. The tower height and design including cross-section and elevation.
ii. Structural mounting designs and materials list.
iii. Certification that the proposed tower is compatible for co -location with
a minimum of six (6) users (including the primary user) at the heights
proposed and specification on the type of antennae that the tower can
accommodate.
C. The applicant shall provide copies of its co -location policy.
d. The applicant shall provide copies of propagation maps demonstrating
that antennas and sites for possible co -locator antennae are no higher in
elevation than necessary.
e. The personal communications service carrier shall be a co -applicant for
all applications.
f. For the purpose of determining the tower's suitability for use in the case
of a local, state, or national emergency, the applicant shall provide written
information specifying what measures will be provided to accomplish
continued communications operations in the event of power outages caused
by a manmade or natural disaster, i.e., backup generators, etc.
10. Factors considered in granting conditional use permits for new towers.
..... The board of supervisors of Isle of Wight County shall consider the
following factors in determining whether to issue a conditional use permit for
new towers. The board of supervisors may waive or reduce the burden on the
applicant of one (1) or more of these criteria if the board of supervisors
concludes that the goals of this section are better served thereby:
a. Height of the proposed tower;
b. Proximity of the tower to residential structures and residential district
boundaries;
C. Nature of the uses of adjacent and nearby properties;
d. Surrounding topography;
e. Surrounding tree coverage and foliage;
f. Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
g. Proposed ingress and egress;
h. Co -location policy;
i. Language of the lease agreement dealing with co -location;
j. Consistency with the comprehensive plan and the purposes to be served
by zoning;
k. Availability of suitable existing towers and other structures as
discussed below;
1. Proximity to commercial or private airports; and
in. Level of emergency preparedness for the individual site and
contribution to the county -wide emergency response plan.
11. Availability of suitable existing towers or other structures...... No new
tower shall be permitted unless the applicant demonstrates to the reasonable
satisfaction of the board of supervisors of Isle of Wight County that no
existing tower or structure can accommodate the applicant's proposed
antenna. Evidence submitted should consist of the following:
a. No existing towers or structures are located within the geographic area
required to meet applicant's engineering requirements;
b. Existing towers or structures are not of sufficient height to meet
applicant's engineering requirements;
C. Existing towers or structures do not have sufficient structural strength
to support applicant's proposed antenna and related equipment, and can not
be retrofitted to accommodate additional users;
d. The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures, or the
antenna on the existing towers or structures would cause interference with the
applicant's proposed antenna;
e. The fees, costs, or contractual provisions required by the owner in
order to share an existing tower or structure or to adapt an existing tower or
structure for sharing are unreasonable. Costs exceeding tower or structure for
sharing are unreasonable; and
f. The applicant demonstrates that there are other limiting factors that
render existing towers and structures unsuitable.
12. Setbacks. ..... The following setback requirements shall apply to all
towers and antennas for which a conditional use permit is required; provided,
however, that the board of supervisors of Isle of Wight County may reduce
the standard setback requirements if the goals of this section would be better
served thereby.
a. The tower must be set back from any off-site residential structure no
less than four hundred (400) feet.
b. A setback of one (1) foot horizontally for each foot in height shall be
provided from the base of the tower structure to any adjoining property line
(other than the property of the lessor).
C. Towers, guys and accessory facilities must satisfy the minimum zoning
district setback requirements for primary structures.
70
13. Security fencing...... Towers shall be enclosed by security fencing not
less than six (6) feet in height and shall also be equipped with an appropriate
anti-climbing device; provided, however, that the board of supervisors of Isle
of Wight County may waive such requirements, as it deems appropriate.
14. Landscaping. ..... The following requirements shall govern the
landscaping surrounding towers for which a conditional use permit is
required; provided, however, that the board of supervisors of Isle of Wight
County may waive such requirements if the goals of this section would be
better served thereby.
a. Tower facilities shall be landscaped with a buffer of plant materials that
effectively screen the view of the support buildings from adjacent property.
The standard buffer shall consist of a landscaped strip at least four (4) feet
wide outside the perimeter of the facilities.
b. In locations in which the board of supervisors of Isle of Wight County
finds that the visual impact of the tower would be minimal, the landscaping
requirement may be reduced or waived altogether.
C. Existing mature tree growth and natural landforms on the site shall be
preserved to the maximum extent possible. In some cases, such as towers
sited on large, wooded lots, the board of supervisors of Isle of Wight County
may determine the natural growth around the property perimeter may be
sufficient buffer.
d. Existing trees within the lesser of two hundred (200) feet or the area
controlled by the applicant/owner shall not be removed except as may be
authorized to permit construction of the tower and installation of access for
vehicle utilities.
15. Local government access. ..... Owners of towers shall provide the
county a right of first refusal for co-location opportunities as a community
benefit to improve radio communication for county departments and
emergency services, provided it does not conflict with the co-location
requirement of subsection 9.a., of this section.
16. Removal of abandoned antennas and towers...... Any antenna or tower
that is not operated for a continuous period of twenty-four (24) months shall
be considered abandoned, and the owner of each such antenna or tower shall
remove same within ninety (90) days of receipt of notice from the county
notifying the owner of such removal equipment requirement. Removal
includes the removal of the tower, all tower and fence footers, underground
cables and support buildings to a minimum depth of three (3) feet. If there are
two (2) or more users of a single tower, then this provision shall not become
effective until all users cease using the tower. At the discretion of the county,
a surety bond in a form acceptable to the county attorney may be required to
insure that the funds necessary for removal are available to the county in the
event the structure is abandoned.
17. Required yearly report...... The owner of each such antenna or tower
shall submit a report to the board of supervisors of Isle of Wight County once
a year, no later than July 1. The report shall state the current user status of the
tower.
71
18. Review fees. ..... Any out-of-pocket costs incurred for review by a
licensed engineer of any of the above -required information shall be paid by
the applicant.
E. Composting System, confined vegetative waste or yard.
1. All composting operations shall submit the following in order to make
application for a conditional use permit:
a. A written plan operation demonstrating the composting facility owner
and operators understand and will apply the principles and proper methods of
composting. The plan also must demonstrate that the composting facility will
be operated in a manner that will not pose a threat to human health and the
environment, and the intended use of the compost.
b. The plan shall include standards for siting, design, construction,
operation, closure, and permitting procedures for vegetative waste
management facilities, including yard waste composting facilities.
C. The plan shall also specifically address odor minimization, including
seasonal variations that effect wind velocity and direction shall be described.
2. All state, federal and local permits shall be obtained and submitted to
the Department of Planning and Zoning prior to operation.
3. A composting system shall not include the land application of
compostable organic material to forestall or agricultural lands.
F. Reconstructed wetland.
1. Intent. ..... The purpose of requiring a conditional use permit is to
ensure consistency with the comprehensive plan and appropriate land use.
Reconstructed wetlands, once permitted by state and federal agencies,
become a permanent long-term land use that is expensive and difficult to re -
permit if it is poorly placed on the landscape. Such facilities should therefore
be evaluated in relationship to the long range plans of the county. Issues
related to the technical design, feasibility, etc., shall remain the jurisdiction of
the Army Corps of Engineers and the Department of Environmental Quality
and shall not be a consideration in evaluating the conditional use permit
request.
G. Shooting range, outdoor.
1. General standards:
a. The site or area used as a shooting range or match shall be fenced,
posted every fifty (50) feet or otherwise restricted so that access to the site is
controlled to insure the safety of patrons, spectators and the public at large.
b. The county sheriff shall review and make recommendations for the
design and layout of any shooting range or match as to its safety to patrons of
the range as well as surrounding property owners. As a general guideline, the
following distances shall be maintained unless modified in writing by the
county sheriff.
i. The minimum distance from any firing point measured in the direction
of fire to the nearest property line shall not be less than three hundred (300)
feet;
ii. Where a backstop is utilized to absorb the discharged load, the
minimum distance may be two hundred (200) feet; and
72
iii. No firing point shall be located within one hundred (100) feet of an
adjoining property line. (7-7-05; Ord. No. 2011-11-C, 7-7-11; Ord. No.
2013-1-C, 4-18-13.)
H. Turkey shoot.
1. General standards:
a. A turkey shoot shall be on a site of not less than three (3)
acres.
b. The firing line or points shall be located at least 100 feet
from any public road.
C. The site shall be so designed that the distance to any adjacent property
measured from the firing point or points in the direction of fire shall be not
less than 600 feet, or an earthen backstop of 20 feet or greater shall be
provided a minimum of 200 feet from the firing line.
d. Shotguns only shall be used in a turkey shoot.
e. The use or discharge of firearms shall be prohibited between the hours
of 9:30 P. M. and 7:00 A. M.
f. A zoning permit shall be valid for a period not to exceed sixty (60)
consecutive days.
g. A turkey shoot shall not be conducted on the same property for more
than ninety (90) days in any twelve (12) month period.
For state law as to authority of the county to regulate boating within its
territorial waterways, see Code of Va., § 29.1-700 et seq.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
%/
COUNTY ADMINISTRATOR'S REPORT
County Administrator Seward represented the recommendation of staff
that the County sell the old Isle of Wight Volunteer Rescue Squad building to
the Town of Smithfield which is in need of repair.
Supervisor Darden moved that the Board authorize the County
Administrator to secure an appraisal of the old Isle of Wight Volunteer
Rescue Squad building and authorize its sale. The motion was adopted by a
vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson
voting in favor of the motion and no Supervisors voting against the motion.
County Administrator Seward recommended that the Board conduct its
retreat on September 19, 2014.
Supervisor Alphin moved that the Board set a retreat for September 19,
2014 from 9:00 a.m. until 5:00 p.m. at a location to be determined. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
73
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
%I
INFORMATIONAL ITEMS:
The following informational items were brought to the Board's
attention by County Administrator Seward: the County's receipt of a GFOA
Certificate of Achievement; an update on Route 460 Corridor Improvements;
and, that VDOT will be conducting Town Hall Meetings July, 2014.
//
UNFINISHED/OLD BUSINESS
Responsive to the Board's direction at its May 15, 2014 meeting
authorizing the County Administrator to enter into a Facilities Use
Agreement with the County's volunteer fire and rescue organizations and in
the event the organization did not execute the Agreement by the Board's June
19, 2014 meeting that the Board would consider withholding all designated
capital and operating funds from each noncompliant department until such
time as the agreement is executed with that department, County
Administrator Seward advised that signed agreements have been received
from the Smithfield Volunteer Fire Department, the Isle of Wight Volunteer
Rescue Squad, the Carrsville Volunteer Fire Department, the Rushmere
Volunteer Fire Department and the Windsor Volunteer Rescue Squad.
Supervisor Casteen offered a motion that the Board continue to
consider the funding issue; however, a vote was not taken and it was the
consensus of the Board not to take action on this matter at this time.
Mr. Furlo, responsive to the Board's request at its June 19, 2014
meeting, returned to the Board with staff's recommended solutions and
strategies for addressing the concerns that exist at Tyler's Beach.
At the request of Supervisor Jefferson that the issue of Tyler's Beach
be tabled to allow additional time to investigate other resources in the form of
outside help for a short-term fix, Chairman Bailey moved that the matter be
tabled to the Board's August 21, 2014 meeting and that Supervisor Jefferson
bring back a report. The motion was adopted by a vote of (5-0) with
Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
//
NEW BUSINESS
74
Regarding the issue of titling of emergency vehicles, Supervisor Alphin
moved that the County Administrator and/or County staff be directed that any
further vehicles or equipment purchased by the County for use by the
volunteer fire departments and/or squads shall remain titled in the name of
Isle of Wight County and shall be leased to the volunteer departments and/or
squads in accordance with the previously presented Vehicle Use Agreement.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
%/
CLOSED MEETING
County Attorney Popovich requested a closed meeting pursuant to
Section 2.2-3711(A)(7) of the Code of Virginia for the purpose of
consultation with legal counsel pertaining to probable litigation related to the
Windsor sidewalk construction project where such consultation would
adversely affect the litigating posture of the County; pursuant to Section 2.2-
3711(A)(7) concerning consultation with legal counsel requiring the
provision of legal advice regarding the ball field project; pursuant to Section
2.2-3711(A)(7) concerning consultation with legal counsel requiring the
provision of legal advice regarding political party participation at the Isle of
Wight County Fair; pursuant to Section 2.2-3711(A)(7) regarding
consultation with legal counsel requiring the provision of legal advice
regarding contractual matters with All Virginia Environmental Solutions
Waste Disposal; and, pursuant to Section 2.2-3711(A)(7) regarding
consultation with legal counsel requiring the provision of legal advice
concerning the proposed Facilities Use Agreement with the Windsor
Volunteer Rescue Squad.
Chairman Bailey moved that the Board enter the closed meeting for the
reasons stated. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
Chairman Bailey moved that the Board return to open meeting. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Bailey moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
75
WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bailey, Darden, Jefferson, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Casteen moved to authorize the Chairman to execute the
Resolution regarding boundary line adjustment, as presented. The motion
was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen,
Darden and Jefferson voting in favor of the motion and no Supervisors
voting against the motion.
H
Carey MiNh StorA,-Clerk
ippp�is pp 11 111111w '1111 1111
76
r
Byron B. Bailey, Chairma