12-18-2014 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE EIGHTEENTH DAY OF DECEMBER 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
Rex W. Alphin
Delores C. Darden
Alan E. Casteen
Rudolph Jefferson
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
At 5:00 p.m., Chairman Bailey called the meeting to order.
CLOSED MEETING
County Attorney Popovich requested a closed meeting pursuant to Section
2.2-3711(A)(1) of the Code of Virginia regarding the discussion or
appointment of specific appointees to County boards/committees/authorities;
pursuant to Section 2.2-3711(A)(7) regarding legal counsel employed by the
public body regarding specific legal matters requiring the provision of legal
advice provided by such counsel related to the County's legal strategy for
proposed annexation by the Town of Smithfield; pursuant to Section 2.2-
3711(A)(3) regarding the acquisition of real property in the Windsor Election
District where discussion in open meeting would adversely affect the
bargaining position of the public body; pursuant to Section 2.2-3711(A)(7)
concerning consultation regarding probable litigation related to Machinery
and Tool taxes; pursuant to Section 2.2-3711(A)(7) concerning consultation
with legal counsel requiring the provision of legal advice related to the
Smithfield/Isle of Wight County water agreement; and, pursuant to Section
2.2-3711(A)(5) concerning the expansion of an existing business where no
previous announcement has been made by the business to expand its facilities
in the County.
Supervisor Alphin 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.
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
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The Board took no action following the closed meeting.
At 6:00 p.m., Supervisor Casteen delivered the invocation.
The Pledge of Allegiance to the Flag was conducted.
APPROVAL OF AGENDA
Supervisor Alphin moved that the agenda be approved as presented. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
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Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
CONSENT AGENDA
A. Resolution to Appropriate Contra Revenue to Return State Aid to the
Commonwealth of Virginia
B. Resolution to Accept and Appropriate Funds for the Nike Park Skate
Park
C. Motion to Approve the Isle of Wight County Fair Executive Board
D. Motion to Authorize Execution of the Vehicle Lease Agreement with
the Smithfield Volunteer Fire Department, as well as any further
vehicle lease agreements with other respective volunteer fire or rescue
departments as the need may arise
Supervisor Darden moved that the Consent Agenda be approved 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.
APPOINTMENTS
Supervisor Casteen moved that Deb Frank be appointed to serve on the
Commission on Aging representing the Smithfield District. 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
Adoption of animals at the County's animal shelter was promoted by Donald
T. Robertson, Director of Information Resources and Legislative Affairs.
CITIZENS' COMMENTS
Barry Cole, on behalf of the Western Tidewater Free Clinic, reported on that
organization's use of County funds.
Jane March of Zuni addressed the issue of publication of County legal
notices in the Daily Press and Virginian Pilot.
Paul Robbins of Carrollton, Past President of the Carrollton Volunteer Fire
Department, addressed the lack of a termination clause in the Norfolk water
agreement and expressed opposition to the proposed Isle2040 Plan. He
further addressed missed calls within the Carrollton Volunteer Fire
Department.
Herb DeGroft, School Board member, recommended a one-page survey
soliciting comments from Newport District residents on the proposed ISLE
2040 Plan. He further recommended that the County's Pay and Classification
Plan be done by staff and he offered his assistance.
Fred Mitchell of Sugar Hill Road spoke about statements which he believes
are not valid on the County's website with respect to the Carrollton
Volunteer Fire Department and its unsigned Facilities Use Agreement.
Debbie Bales, on behalf of United We Stand/Isle of Wight, spoke regarding
the Carrollton Volunteer Fire Department and its unsigned Facilities Use
Agreement with the County.
Stephanie Gibbs of Smithfield spoke regarding the contributions provided by
the County's volunteer fire departments.
PUBLIC HEARINGS
A. Amendment of Various Sections (Articles III, IV, V, VI, VII, VIII) of
the Zoning Ordinance
Richard Rudnicki, Assistant Director of Planning and Zoning, presented the
amendments under consideration to the Zoning Ordinance.
Chairman Bailey called for persons to speak in favor of or in opposition to
the proposed amendments.
No one appeared and spoke.
Chairman Bailey closed the public hearing and called for comments from the
Board.
Supervisor Alphin moved that the following amendments to the Zoning
Ordinance be adopted:
An Ordinance to Amend and Reenact the Isle of Wight County Code by
Amending and Reenacting the Following Articles of Appendix B, Zoning:
Article III, Use Types; Article IV, Zoning Districts and Boundaries; Article
V, Supplementary Use Regulations; Article VI, Overlay Districts; Article
VII, General Design Guidelines for Development Projects; Article VIII,
Landscaping and Screening Standards; in order to make legislative updates
from the state, and to clarify and make revisions to certain language
contained in the ordinance.
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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 III, Use Types,
Section 3-3000, Residential use types, and Section 3-6000, Commercial use
types; Article IV, Zoning Districts and Boundaries, Section 4-11005, Limited
Industrial Bulk regulations; Article V, Supplementary Use Regulations,
Section 5-5003, Supplementary use regulations for civic use types; Article
VI, Overlay Districts, Section 6-2009, Development standards, and Article
VIII, Landscaping and screening standards, Section 8-1003, Landscaping and
screening requirements and design guidelines, Section 8-1005, Landscaping
zones 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
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 or non-resident staff persons which will be considered 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.
Hoene 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 11.\ 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.
Manufactured home, Class B.\ A manufactured home, commonly referred to
as a "singlewide," constructed after July 1, 1976, that meets or exceeds the
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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; 7-17-14.)
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.
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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.
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.
Campground, workforce — A small campground facility intended for the
temporary workforce routinely required by establishments in the community
for periods of up to one hundred and twenty (120) days at a time, and are
intended to have only the minimum essential services necessary for
recreational vehicles.
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
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are coin-operated, and also card games, bingo, and off-track betting. Typical
uses include game rooms, pool halls, video arcades, and bingo parlors.
Commercial indoor entertainment.\ Predominantly spectator uses conducted
within an enclosed building. Typical uses include motion picture theaters,
drama theaters, concert or music halls.
Commercial indoor sports and recreation.\ Predominantly participant uses
conducted within an enclosed building. Typical uses include bowling alleys,
ice and roller skating rinks, indoor racquetball, squash courts, swimming,
and/or tennis facilities, archery and indoor shooting ranges and similar uses.
Commercial outdoor entertainment/sports and recreation.\ Predominantly
spectator uses conducted in open or partially enclosed or screened facilities.
Typical uses include motor vehicle, boat, motorcycle or animal racing
facilities/complexes, drive-in movies, miniature golf, amphitheaters and
outdoor amusement parks, motorized cart and motorcycle tracks, and
motorized model airplane flying facilities. Professional and semi-professional
athletic fields shall also be included in this use.
Commercial outdoor swimming pool and tennis facility.\ Outdoor pools or
tennis facilities operated by a commercial entity that are open to the general
public usually requiring membership or some form of payment.
Construction office, temporary.\ A trailer used as a temporary office during a
construction operation. This use includes construction office trailers occupied
in conjunction with residential or nonresidential development.
Construction sales and service.\ Establishments or places of business
primarily engaged in retail or wholesale sale, from the premises, of materials
used in the construction of buildings or other structures, but specifically
excluding motor vehicle or equipment supplies otherwise classified herein.
Typical uses include building material stores and home supply
establishments.
Contractor office and storage facility.\ An establishment or place of business
engaged in the construction of residential or commercial structures including
trades that assist in building construction or remodeling including carpentry,
electrical, masonry, painting, metalworking, flooring installation, 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.
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Flea market.\ Occasional or periodic commercial activities held in an open
area or enclosed structure where groups of sellers rent space on a short-term
basis to display, barter, or sell goods to the general public. A fee may be
charged for expected buyers for admission, or a fee may be charged for the
privilege of offering or displaying such merchandise. A flea market is
composed of semi -closed or outdoor stalls, stands, or spaces.
Funeral home.\ Establishments engaged in undertaking services such as
preparing the dead for burial, and arranging and managing funerals. This use
excludes crematorium, which is defined separately.
Garden center.\ Establishments engaged primarily in the retail sale of trees,
shrubs, seeds, fertilizers, pesticides, plants, plant materials, and garden
supplies, primarily for agricultural, residential and commercial consumers.
Gasoline station.\ A facility for the retail sale of motor vehicle fuels, oils, and
accessories, where repair is incidental, where no more than two (2)
abandoned vehicles or other motor vehicles shall be stored on the premises.
May include the sale of propane or kerosene as an accessory use.
General store, country.\ A single store, the ground floor area of which is four
thousand (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.
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.
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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.
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.
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.
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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;
6-19-14; 7-17-14.)
Sec. 4-11005. Bulk regulations.
A. Maximum height of structures:
I. All structures: Seventy-five (75) [feet].
a. The side and rear yard setbacks for any structure in excess of thirty-five
(35) feet in height shall be increased one (1) foot for each additional foot of
structure height over thirty-five (35) feet.
b. Where structures exceed the thirty -five-foot height requirement a
building separation of thirty (30) feet shall be required.
C. See subsection 5-2000.1), for exceptions to height limits.
B. Maximum density:
1. Floor area ratio for nonresidential: One-half (0.50) square foot per foot
of net developable area.
C. Minimum setback requirements:
1. Front yard: Thirty-five (35) feet.
a. Industrial uses shall meet a setback of one hundred (100) feet, except
that office buildings associated with the industrial use may meet the
minimum thirty-five (35) feet setback.
b. For lots within designated industrial park of twenty (20) acres or more,
office buildings associated with the industrial use shall meet a setback of
thirty-five (35) feet.
2. Side yard: Twenty (20) feet.
3. Rear yard: Twenty (20) feet.
D. Maximum lot coverage:..... Sixty percent (60%).
E. Minimum open space ratio (OSR):..... Twenty-five percent (25%). (7-
7-05; 6-14-07; 8-20-09.)
Sec. 5-5003. Supplementary use regulations for civic use types.
A. Adult care center.
1. Proof that all required local, state, or federal licenses, permits, and
other documents necessary for the operation of an adult care center shall be
provided to the zoning administrator prior to the issuance of a zoning permit.
2. The zoning administrator shall be notified of any license expiration,
suspension, revocation or denial within three (3) days of such event. Failure
to do so shall be deemed willful noncompliance with the provisions of this
zoning ordinance.
3. Where provided for in the zoning district(s) regulation(s) as a
conditional use, an adult day care center may be permitted by the board of
supervisors with a recommendation by the planning commission upon a
finding of the following criteria:
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a. That the adult care center will not create excessive traffic, insufficient
parking, number of individuals being cared for, noise, or type of physical
activity; and
b. That there is ample indoor and outdoor space, free from hazard,
appropriately equipped with considerations given to the physical and mental
conditions of the persons attending the adult care center.
4. A conditional use permit shall not be required for an adult care center
that is operated by a religious organization, in buildings or structures on
property regularly used as a place of worship, or on adjacent leased property.
B. Cemetery.
1. Any burial plot on land abutting a public or private street shall comply
with the required front yard setback of the underlying zoning district and
twenty-five (25) feet from all property lines.
2. Arrangements for perpetual maintenance of the cemetery shall be in
compliance with all applicable governmental laws and regulatory
requirements and shall be approved by the county attorney as to form.
3. Cemeteries and distance from wells. All cemeteries shall meet the
requirements set forth below unless otherwise exempted by the department of
health.
Well Class Distance from Cemetery
Class 3A or deep well Minimum 50 feet
Class 3B well Minimum 50 feet
Class 3C or a shallow well Minimum 100 feet
Class 4 well Minimum 100 feet
4. Landscaping shall be distributed across the area developed as a
cemetery to provide a minimum of ten percent (10%) canopy coverage or
shading within twenty (20) years.
The proposed location for a cemetery shall be compatible with adjacent land
uses, existing or proposed highways, and any other elements or factors
deemed to affect the public health, safety, and welfare of the inhabitants of
such district.
C. Child care center.
1. Proof that all required local, state, or federal licenses, permits, and
other documents necessary for the operation of a child care center shall be
provided to the zoning administrator prior to the issuance of a zoning permit.
2. The zoning administrator shall be notified of any license expiration,
suspension, revocation or denial within three (3) days of such event. Failure
to do so shall be deemed willful noncompliance with the provisions of this
zoning ordinance.
3. Where provided for in the zoning district(s) regulation(s) as a
conditional use, a child care center may be permitted by the board of
supervisors with a recommendation by the planning commission upon a
finding of the following criteria:
a. That the child care center will not create excessive traffic, insufficient
parking, number of individuals being cared for, noise, or type of physical
activity;
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b. That there is ample indoor and outdoor play space, free from hazard,
appropriately equipped, and readily accessible for the age and number of
children attending the child day care center; and
C. That the area of the property upon which the child care center is located
contains no less than one thousand (1,000) square feet per child to be cared
for in the child care center.
4. A conditional use permit shall not be required for a child care center
that is operated by a religious organization, in buildings or structures on
property regularly used as a place of worship, or on adjacent leased property.
D. Child care institution.
1. Setbacks adjacent to single-family residential districts or property used
for single-family dwellings shall be at least sixty (60) feet. No active
recreational areas, refuse containers, parking or vehicular access, etc., should
be located within this setback area.
2. Perimeter landscaping shall be in accordance with use types as
specified in article VIII, and fencing shall be required.
3. Entrances for vehicular access must be provided in accordance with
requirements of the Virginia Department of Transportation, and shall be
located at least sixty (60) feet from exterior lot lines.
4. Vehicular parking shall be in accordance with the requirements of this
ordinance.
5. 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.
E. Community center.
1. Pedestrian access and/or bike paths shall be provided to adjacent
residential developments. A bike parking area shall also be provided.
2. 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.
3. 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.
4. 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.
F. Educational facility, primary/secondary...... Facilities in the RAC and
VC enlarged without a conditional use permit provided that all other site plan
requirements are met.
G. Modular classroom. ..... Modular classroom unit(s) shall only be
allowed on a temporary basis, not to exceed twelve (12) months, on the site
of an existing primary/secondary, college/university, or religious assembly
educational facility.
1. No more than three (3) units shall be allowed on a single site without
approval of a conditional use permit.
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2. The placement of the modular classroom unit(s) shall meet all of the
required building setbacks for the underlying zoning district. In addition, all
modular classroom unit(s) shall be setbacks at least thirty-five (35) feet from
the front or primary entrance of the permanent education facility.
3. The existing parking on the site shall meet the requirements of article
X, including spaces necessary to serve users of the modular classroom
unit(s).
4. Exterior lighting of the modular classroom unit(s) shall be shielded and
shall have zero (0) spillover onto adjacent properties.
5. If existing landscaping on the site does not meet the requirements of
article VIII, additional landscaping shall be required to attain the minimum
buffer and frontage zone landscaping requirements of the site. Foundation
zone planting is not required for modular classroom units which are in place
less than twelve (12) months.
6. Modular classroom unit design and installation shall meet all applicable
federal, state and local building code regulations.
7. Modular classrooms which require placement longer than twelve (12)
months or construction of additional parking shall require a conditional use
permit.
H. Nursing home...... Buildings in existence as of the date of adoption of
this ordinance may be expanded or enlarged without a conditional use permit
provided that all other site plan requirements are met.
I. Public maintenance and service facility. ..... Outside storage of
materials shall be completely screened from public view, including vehicular
storage areas.
J. Public park and recreational area.
1. All outdoor recreational playfields, grounds and facilities and
associated fences or enclosures shall conform to the required front and comer
side yard building setbacks of the underlying zoning district.
2. Recreational structures for indoor recreation shall meet the required
setbacks of the underlying zoning district for a primary use.
3. Pedestrian access shall be provided whenever practicable to adjacent
residential properties.
4. 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
twenty-five (25) feet from any exterior lot lines.
5. 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.
6. 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.
7. All public swimming pools shall conform to the following minimum
requirements:
a. Setback requirements: Seventy-five (75) feet from any property line.
i. Additional setback requirements:
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I . Setback adjacent to residential zone: One hundred twenty-five (125)
feet.
2. Setback adjacent to railroad right-of-way, publicly point: Twenty-five
(25) feet.
b. Any buildings erected on the site of any such pool shall comply with
the yard requirements of the zone in which the pool is located.
8. A public water supply shall be available and shall be used for the pool.
Use of a private supply of water for the pool may be granted by conditional
use permit provided that it will not adversely affect the water supply of the
community.
9. Perimeter landscaping shall be in accordance with article VIII and
fencing shall be required adjacent to a residential zone.
10. Special conditions deemed necessary to safeguard the general
community interest and welfare, such as provisions for off-street parking,
additional fencing or planting or other landscaping, additional setback from
property lines, location and arrangement of lighting and other reasonable
requirements, including a showing of financial responsibility by the
applicant, may be required by the board of supervisors with a
recommendation from the planning commission as a requisite to the granting
of a conditional use when applicable.
K. Religious assembly.
1. Religious facilities in the RAC, RR, NC, and VC 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.
2. Religious assembly may occupy existing civic or commercial facilities
in the RAC, VC, GC and PD-MX districts as a principal, accessory or
temporary use provided that the existing site improvements, particularly
parking, are adequate to accommodate the demands of the use and provided
that the use is allowed under the conditional zoning of the property, if
applicable.
Any new construction, expansion, or enlargement shall obtain a conditional
use permit in accordance with this ordinance.
L. Utility service, minor. ..... All new customer utilities, services,
including, but not limited to, all wires, cables, pipes, conduits and
appurtenant equipment, carrying or used in connection with the furnishing of
electric power, telephone, telegraph, cable televisions, petroleum, gas, steam,
water or sewer systems, shall, after the effective date of this ordinance be
placed below the surface of the ground; provided, that:
1. Equipment such as electric distribution transformers, transmission 33
KV and above, switchgear, meter pedestals and telephone pedestals, which
are normally installed above ground and in accordance with accepted utility
practices for underground distribution systems may be so installed;
2. Meters, service connections and similar equipment normally attached to
the outside wall of the premises it serves may continue to be so installed;
3. Overhead utilities services existing as of October 29, 1974, may be
repaired, replaced or increased in capacity; and relocated parallel and
adjacent to preexisting state roads;
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4. Temporary overhead facilities required for construction purposes will
be permitted;
5. Whenever relocation of utility facilities is compelled by any
construction undertaken by any unit of government, the provisions of this
section may be waived by the board of supervisors or its agent;
6. Overhead farm and industrial customer utility services and wiring
which is on property owned and/or occupied by the users thereof will be
permitted;
7. Underground utilities will not be required in those areas of the county
zoned rural agricultural conservation districts under the zoning ordinance of
Isle of Wight County;
8. Underground utilities will not be required in industrial parks which
would be defined as subdivisions by the subdivision ordinance of Isle of
Wight County if zoned to an industrial use under the zoning ordinance of Isle
of Wight County;
9. Overhead utilities services may be extended within a subdivision where
the average lot size (excluding the original parcel) is greater than five (5)
acres and may further be extended in any case where such extension would
be parallel and adjacent to public roads existing as October 29, 1974. Utilities
services along roads not existing as of October 29, 1974, and internal to a
subdivision where the average lot size (excluding the original parcel) is five
(5) acres or less must be underground. Overhead utilities services may be
extended along or across other public roads as authorized by the zoning
administrator.
10. All improvements herein required shall be in accordance with accepted
standards of utility practice for underground construction.
M. Utility services, major.
1. Public utility buildings in any permitted residential zone shall have the
exterior appearance of residential buildings. Landscaping shall be provided in
accordance with article VIII.
2. Nothing herein shall require a conditional use permit for repair of a
water well so long as the design capacity of the repaired well is not increased;
nor shall a conditional use permit be required for replacement of a well which
is worn out or has become less productive, so long as:
a. The replacement well is no more than one-fourth ('/a) of a mile in
distance from the well being replaced;
b. The replaced well is abandoned in accordance with regulations
administered and enforced by Virginia Department of Environmental Quality
or other applicable agency;
C. The replacement well shall draw water from the lower cretaceous
aquifer (Potomac Group) only;
d. The owner of the well demonstrates to the zoning administrator that the
replacement well will provide no more water than the well being replaced by
providing the zoning administrator board with the initial production tests of
the well being replaced and the initial production tests of the replacement
well; and
e. The average static water level of the lower cretaceous aquifer, as
determined from the average of all monitoring and observation wells of the
F
Virginia Department of Environmental Quality, has not dropped more than
fifty percent (50%) from the most recent average static water level.
(Measured from the most recent average static water level to the top of the
aquifer.)
Provided, further, that if the owner has more than one (1) well designed or
capable of producing fifty thousand (50,000) gallons or more per day located
in Isle of Wight County, Virginia, the owner shall provide the zoning
administrator with the name, location and initial production tests of such
other wells of said design or capacity.
3. The dissolution or abandonment of a public water system previously
approved by the Virginia Department of Health and/or the county shall
require obtaining a conditional use permit from the board of supervisors,
after recommendation from the planning commission. (7-7-05; 5-27-10; Ord.
No. 2012-2-C, 2-16-12, 3-20-14.)
Sec. 6-2009. Development standards.
Proposed development within the district shall provide for visual
compatibility and harmony with surrounding natural land forms and
vegetation; be protective of views and vistas from arterial highways within
the district; and provide continuity of site design within the proposed
development. These objectives include the following standards:
A. Earth moving, fill, grading, clearing of property, and the removal of
trees and vegetation shall be the minimum necessary to provide for the use.
In particular, activities that could cause disruption of natural watercourses or
disfiguration of natural land forms are prohibited.
B. Proposed development shall be located and configured in a visually
harmonious manner with the terrain and vegetation of the parcel and
surrounding parcels. Structures shall not impede scenic views from the
highway or from existing structures and the natural environment.
C. Structures shall not dominate, by excessive or inappropriate height or
mass, any general development, adjacent building, or natural landscape in an
incompatible manner.
F. 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.
G. All vehicular movement and parking areas shall be paved with
concrete, asphalt, or other similar material.
1. Parking shall be designed in accordance with one of the following
options:
a. When all of the parking is located to the side or rear of the primary
structure; the front setback may be reduced by twenty (20) feet.
b. No greater than twenty-five (25) percent of the required parking shall be
located in front of the primary structure. However, when more than twenty-
five (25) percent of the required parking is to be located in front of the
primary structure; a decorative fence no less than three (3) feet in height shall
be constructed between the parking and the public right of way. This fence
shall not count towards the required landscaping points for any specified
landscaping zone.
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H. Concrete curb and gutter or other stormwater management structures as
approved by the zoning administrator shall be installed around the perimeter
of all driveways and parking areas. Drainage shall be designed so as not to
interfere with pedestrian and bicycle traffic.
I. To the greatest extent possible; stormwater management structures and
facilities shall be placed outside of the landscaping zones identified in article
VIII. When placement of stormwater management structures and facilities in
a landscaping zone is demonstrated as unavoidable by the applicant, and
approved by the board of supervisors following a recommendation by the
planning commission, and is not prohibited elsewhere in this ordinance, such
structure or facility shall be landscaped in a naturalized pattern utilizing
native species and the landscaping points required for the area encompassed
by the stormwater management structure or facility shall be disbursed
throughout the remaining area of the landscaping zone.
J. Crime prevention through environmental design (CPTED) principles
should be incorporated into site design to maximize public safety through
effective design of buildings, parking lots and public spaces. Principles
include territoriality, surveillance, and access control.
K. A shopping center, office complex or similar group of buildings shall
be arranged in such a manner to minimize the impact of vehicle parking areas
along the arterial with buildings fronting the arterial, and parking being
located in the center of the development away from the roadway.
L. Community and public spaces.
1. Each nonresidential establishment subject to these standards shall
contribute to the establishment or enhancement of community and public
spaces by providing at least two (2) of the following within the development:
a. Patio/seating area;
b. Pedestrian plaza with benches;
C. Open space (this is not calculated in open space ratio required for the
lot);
d. Kiosk/public message board area;
e. Water feature;
f. Sculpture or public art; or
g. Other such amenities, as may be determined by the zoning
administrator, that creates such community and public spaces.
2. Any such areas shall have direct access to the public sidewalk network
and such features shall not be constructed of materials that are inferior to the
principal buildings and site design.
M. Connecting uses.
1. Pedestrian pathways and bicycle pathways shall be provided
connecting buildings within a development including outparcels and to
adjacent developments and neighborhoods.
2. Integrated and consistent site design shall be provided between
outparcel buildings and main buildings within a development including
landscape amenities and architectural design.
3. Site development shall include streetscape improvements. These
improvements are considered as those architectural or functional facilities or
structures that occur on-site but are not part of the building and that
encourage and facilitate human interaction with the built environment.
Examples include, but are not limited to, the following: decorative light
fixtures, fountains, sculptures, benches and tables, planters, retaining walls,
pedestrian and bicycle paths, bicycle parking structures, trash receptacles and
enclosures, a designated vending machine area, and fences. The following
streetscape improvements are required:
a. A customized entrance at the entry street intersecting the arterial or
collector which features a waterfall, sculpture, monument, special
landscaping, specialty pavement, enhanced fence wall details, or boulevard
median.
These improvements shall be designed to be consistent with all requirements
listed above, and shall be reviewed for function and compatibility with
district character.
N. Sidewalks.
I. Sidewalks, no less than ten (10) feet in width, shall be provided along
the full length of the building along any facade featuring a customer entrance,
and along any facade abutting public parking areas. Sidewalks shall provide
weather protection features such as awning or arcades within fifteen (15) feet
of all customer entrances, parallel to the building and at least six (6) feet deep
over the sidewalk.
O. Pedestrian and bike pathways.
1. The purpose of this system is to provide for nonvehicular traffic along
major corridors and between major destinations, with emphasis on
connecting residential areas to schools, recreation areas, and activity centers.
2. Pedestrian and bike pathways shall include the following:
a. Provide connections for, within and between developments for
pedestrian and bike traffic.
b. Provide facilities to store or lock bicycles at appropriate sties.
Including, but not limited to schools, recreation areas, office parks, public
institutions, and activity center focuses.
C. Develop the proposed bike pathway system in a manner that links to
existing and proposed neighborhoods, park lands, conservation areas, scenic
landscapes and historic/cultural sites in accordance with the goals and
objectives of the comprehensive plan.
P. Pedestrian walkways for shopping centers and retail establishments
with a square footage greater than twenty-five thousand (25,000).
1. Continuous internal pedestrian walkways, no less than eight (8) feet in
width, shall be provided from the public sidewalk or right-of-way to the
principal customer entrance of all principal buildings on the site. At a
minimum, walkways shall connect focal points of pedestrian activity such as,
but not limited to, transit stops, street crossings, building and store entry
points, and shall feature adjoining landscaped areas that include trees, shrubs,
beds, ground covers, or other such materials for no less than fifty percent
(50%) of its length.
2. Crosswalks at busy intersections, between major pedestrian
destinations, between shopping centers and their parking, shall employ
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techniques to signal a pedestrian zone both to the motor vehicle and the
pedestrian. These techniques include:
a. Crosswalks that are slightly raised;
b. The use of durable, low maintenance surface materials such as pavers,
bricks, or scored concrete to enhance pedestrian safety and comfort that are
distinguishable from driving surfaces; and
C. Bulb -out corners that reduce the length of the crosswalk for the
pedestrian.
Q. Screening.
1. Mechanical equipment, including, but not limited to heating,
ventilating, and air conditioning equipment, duct work, air compressors,
utility meters, aboveground tanks, satellite dishes, antennas, whether ground -
level or rooftop, shall be shielded and screened from view of adjacent
properties and public rights-of-way and designed to be perceived as an
integral part of the building. Screening can most often be accomplished
through increased parapet heights or mansard roof parapet design.
2. Ground -level equipment immediately adjacent to the building should
be screened with walls matching the building.
3. Areas for delivery area doors, open bays or truck parking shall not be
visible from abutting streets.
4. Outdoor storage shall be as permitted by the underlying zoning district
in the side and rear yards only, provided that all outdoor storage areas shall
be visually screened from public rights-of-way, internal roadway, and
adjacent property. Outdoor storage shall include the parking of all
commercial vehicles.
5. No areas for outdoor storage, trash collection or compaction, shall be
located within twenty (20) feet of any public street, public sidewalk, or
internal pedestrian way. They shall be screened from adjacent properties and
public rights-of-way by a masonry wall designed to be compatible with the
principal building that it serves.
If the waste storage area is more than one hundred (100) feet away from the
property line, it may be screened by a masonry wall, dense evergreen planting
or architectural feature.
6. Loading areas shall be completely screened from view with berms,
buildings, and/or durable architectural walls to match the building in which it
serves. Loading areas shall be permitted only in the side and rear yards and
shall be visually screened from pubic rights-of-way, and adjacent property,
except that suitable provisions for access to loading areas may be allowed.
R. [Signs.] ..... Signs are permitted in accordance with article IX. (7-7-05;
2-13-079 3-20-14.)
Sec. 7-2003. Simplified site plan.
A. A simplified site plan shall be submitted for a change or expansion of
an agricultural, commercial, civic, office, industrial or miscellaneous use on
an existing site, unless:
1. The sale or storage of gasoline or hazardous materials is involved as
part of the use; or
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2. Such change involves a change from one (1) principal use category to
another, unless where the change from one (1) principal use category to
another principal use category will not have a substantial impact on the
property and/or surrounding properties, particularly, but not limited to,
parking facilities and stormwater management features. The principal use
categories shall be agricultural, residential, civic, office, commercial,
industrial, and miscellaneous; or
3. Such change or expansion will require additional parking and/or off-
street loading under the requirements of this ordinance, unless where the
additional parking and/or off-street loading space will not have a substantial
impact on the property and/or surrounding properties. Additional parking
shall be determined by comparing the proposed use to the most recent use of
the property and shall not be triggered by a reconfiguration of the site or
existing pervious area; or
4. In the case of an expansion, the expansion exceeds twenty-five percent
(25%) or twenty-five hundred (2,500) square feet of the floor area of the
existing building(s), or in the case where the building is incidental to the use,
the area occupied by the use, whichever is less; or
5. An additional ingress/egress, change in ingress/egress, or additional
public improvements are required by the provisions of this ordinance; or
6. A nonresidential structure has remained unoccupied for more than two
(2) years, or in the case of a shopping center, fifty percent (50%) of the gross
square footage of the shopping center is vacant for more than two (2) years.
The exception to this requirement being where the existing site
improvements, particularly, but not limited to, parking and stormwater
management, are adequate to accommodate the demands of the new use; or
7. The scope of the proposed change or expansion is of such nature that
the provisions for the handling of natural and stormwater, erosion and
sediment control, and best management practices cannot be adequately
addressed with a simplified site plan.
B. A simplified site plan shall contain the following information:
1. Boundary drawing of the lot or area involved;
2. Present record owner of the property;
3. Vicinity map;
4. Location and size of the existing vehicular entrance to the site;
5. Location of public water and/or sewer or on-site sewage facilities;
6. Location, dimensions, height, and setbacks of all existing and proposed
buildings;
7. Location of existing vehicular movement and parking areas, and the
number of existing parking spaces;
8. Proposed use of structural addition;
9. Location of any existing required on-site drainage improvements or
best management practices;
10. Location of all required landscaping; or significant trees in accordance
with the requirements of article VIII;
11. Impervious coverage calculations;
12. Building coverage calculations;
13. Zoning of adjacent parcels; and
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14. Any other information deemed appropriate or necessary by the zoning
administrator to establish compliance with this or any other ordinances.
C. The zoning administrator shall have approval authority over all
simplified site plans.
1. An initial determination shall be made as to whether the simplified site
plan is complete. In the event it is not complete, it shall be returned to the
applicant with a written description of the deficiencies within fifteen (15)
working days of the submittal date.
2. Once a simplified site plan is determined to be complete, the plan shall
be reviewed for compliance with the ordinance. Where revisions are
determined to be necessary, the applicant shall be notified in writing within
thirty (30) days of the submittal date of a complete plan. If no revisions are
necessary, the applicant shall be notified in writing of a plan's approval
within the same thirty -day period. Approval may be contingent upon the
posting of any required surety, and other relevant requirements as may be
determined by the zoning administrator. (7-7-05; Ord. No. 2011-21-C, 11-17-
11.)
Sec. 8-1003. Landscaping and screening requirements and design guidelines.
A. Overall site design...... The following overall site layout and design
standards shall apply to all landscaping plans:
1. Landscaping design and planning are to be integrated within the overall
site design.
2. Natural appearing landscape forms are strongly encouraged. Straight
rows of plantings are discouraged and trees, shrubs, flower beds, and other
material types shall be interspersed with one another.
3. Landscape materials and designs are to be appropriate for the specific
characteristics of the site.
4. Native plants, as identified by the Virginia Department of Conservation
and Recreation (DCR), and materials indigenous to the region are desirable
and are encouraged, particularly because of their adaptation to local climate,
disease resistance, soils, hydrology, and adverse weather conditions.
5. Invasive species, as identified by the Virginia Department of
Conservation and Recreation (DCR), shall be prohibited.
6. Landscape plantings located within the sight triangle of roadway or
driveway intersections shall conform to Virginia Department of
Transportation (VDOT) guidelines for height.
7. Landscaped areas shall require protection from vehicular encroachment
by such means as, but not limited to, wheel stops, concrete or bituminous
curbs, or decorative walls or fencing.
8. No more than fifty percent (50%) of the required trees or shrubs in a
single landscaping zone shall be of a single species. This subsection shall not
apply to existing trees preserved on the site or to single-family residential lots
which are regulated by subsection 8-1005.F.
9. Existing and viable trees and areas of significant vegetation are to be
preserved and protected, in accordance with section 8-1009. Existing shrubs
and trees which are suitable for use in required landscaping zones shall be
preserved and used to the maximum extent practicable. In no case shall any
24
viable, mature, heritage, or significant tree eight (8) inches or more in
diameter measured at breast height (four and one-half (4%)) feet from ground
level) be removed from any landscaping zone except to accommodate
necessary entrances, utility easements, or where such preservation would
create or perpetuate demonstrable hazards to public health, safety, or welfare,
subject to the approval of such removal by the zoning administrator.
10. Areas in which trees are preserved shall remain at original grade level
and undisturbed wherever possible. Trees and vegetation which are to be
preserved shall be clearly marked in the field.
11. Decorative walls, fences, berms and/or other earthforms may be
integrated into any landscaping program subject to setback and sight triangle
requirements, and the materials and construction standards in section 8-1009
12. Where sidewalks, or other pedestrian, bike, and/or equestrian trails are
proposed in the landscaped area, such paths shall be meandering, if
necessary, in order to preserve the existing trees.
13. To the greatest extent possible, stormwater management structures and
facilities shall be placed outside of the landscaping zones identified in this
article. When placement of stormwater management structures and facilities
in a landscaping zone is demonstrated as unavoidable by the applicant, and is
not prohibited elsewhere in this ordinance, such structure or facility shall be
landscaped in a naturalized pattern utilizing native species and the
landscaping points required for the area encompassed by the stormwater
management structure or facility shall be disbursed throughout the remaining
area of the landscaping zone. The Zoning Administrator may allow points to
be distributed to areas immediately adjacent to the landscaping zone affected
in order to allow for a more naturalized appearance and prevent overplanting
within the remaining landscaping zone area.
B. Landscaping points. ..... All plants, fences, walls, berms, or other
landscaping elements in a development plan are assigned a landscaping
points value in table 8-1004. Each applicable landscaping zone, as defined in
section 8-1005, on a development plan has a required landscaping points
value and required design guidelines which must be met by the landscaping
plan.
1. All landscaping plans are required to have at least fifty percent (50%)
of the total landscaping points for the site as evergreen species.
2. In addition to the points required for each landscaping zone, all
multifamily, civic, commercial, industrial, and miscellaneous uses are
required to achieve a minimum fifteen percent (15%) landscape surface ratio
(LSR) for the total project site.
a. Plantings within the frontage zone, buffer zone, parking zone,
foundation zone, and screening zone may be included as landscape area in the
LSR calculation.
b. Undisturbed, delineated wetlands and riparian buffers may be included
as landscape area in the LSR calculation. (7-7-05; Ord. No. 2013-7-C, 5-16-
13.)
Sec. 8-1005. Landscaping zones.
25
A. The landscaping zones which may apply to any lot or parcel being
developed are the frontage zone, buffer zone, parking zone, foundation zone,
and screening zone, except that in the case of single-family residential lot
development, the whole site is treated as a single zone and regulated by
subsection 8-1005.D.
B. In the case of overlapping zones, the following hierarchy of application
shall apply:
1. Frontage zone;
2. Buffer zone;
3. Parking zone;
4. Foundation zone;
5. Screening zone.
C. In the event that any two (2) zones sit immediately adjacent to each
other the adjacent sections may be reduced by fifty percent (50%).
D. Zone requirements.
1. Frontage zone. ..... The frontage zone is a landscaping area located
along the entire frontage of the parcel with a width equal to the width of the
required front setback for the parcel, as defined by the underlying zoning
district.
Frontage Zone
1.25 Points per Linear Foot for Under 50 foot Setbacks
1.75 Points per Linear Foot for 50 foot and Greater Setbacks
��cl� ' MAIN,,21�1'�Frontage
Lone
a. There are two (2) frontage zone classifications.
i. Rural frontage zone applies to all properties which are outside of the
designated development service districts and village centers of the county
comprehensive plan.
A. In the rural frontage zone, properties with a front setback of less than
fifty (50) feet are required to install a minimum of 1.25 points of landscaping
per linear foot of lot frontage.
26
Frontage Zone - Rural
Less Than 50 Foot Setback
1.25 Points per Linear Foot of Frontage- Example: 100 Linear Feet= 125 Points
Depth of
t
Seth ack
(25) Small Deciduous Shrubs x I Point = 25 Points
Medium Deciduous Trees x 20 Points= 60 Points
Total = 125 Points
B. In the rural frontage zone, properties with a front setback of fifty (50)
feet or greater are required to install a minimum of 1.75 points of landscaping
per linear foot of lot frontage.
C. In the rural frontage zone, eighty percent (80%) of landscaping points
are required to be non -ornamental species of trees. No more than fifty percent
(50%) of trees may be evergreen species. Native species are encouraged.
ii. Development frontage zone applies to all properties which are within
the designated development service districts and village centers of the county
comprehensive plan.
A. In the development frontage zone, properties with a front setback of
less than fifty (50) feet are required to install a minimum of 1.25 points of
landscaping per linear foot of lot frontage.
B. In the development frontage zone, properties with a front setback of
fifty (50) feet or greater are required to install a minimum of 1.75 points of
landscaping per linear foot of lot frontage.
Frontage Zone - Development Service Districts
Less Than 50 foot Setback
1.25 Points per Linear foot of Frontage- Example: 100 Linear feet= 125 Points
Potential
Multi -Modal Path
or Sidewalk
—r
n Evergreen Shrubs
2 Points= 6 Points
b. .... 10 Point = 10 Points
(25) Small Deciduous Shrubs x I Point= 25 Points
---- (2) Large Ornamental Trees 12 Points= 24 Points
— — — — — — —(3) Medium Deciduous Trees x 20 Points= 60 Points
Total — 125 Points
2. Buffer zone...... The buffer zone is a continuous landscaping screen,
ten (10) feet wide, required along all side and rear yards. Required
landscaping points are based on the parcel use type, as identified in article III
of this ordinance, as detailed below.
27
Butter Zone
Points Based on Use Type per 500 Square Feet
Buller
Zone
a. One (1) pedestrian break of at least six (6) feet in width is required for
every fifty (50) linear feet in the buffer zone, except that breaks which are
used for placement of a surfaced walkway, pathway, or trail are required to
be the width of the trail plus an additional two (2) feet on either side of the
walkway, pathway, or trail.
b. Installation of all required points must be disbursed in a generally even
pattern throughout the buffer zone area, except in cases of concentrated
nuisance, such as lights or noise, which require heavier screening in a
particular location.
C. Required buffer zone by use type.
i. Agricultural use types.
A. Agricultural use types are not required to install buffer zone
landscaping.
ii. Residential use types.
A. Residential use types are not required to install buffer zone
landscaping, unless otherwise specified in this ordinance. Single-family
residential uses are required to install parcel or lot landscaping in accordance
with subsection 8-1005.F.
iii. Civic use types.
A. Civic use types are required to install a minimum of forty-five (45)
points of landscaping per five hundred (500) square feet of buffer zone.
Civic Use Buller
415; Points her .500 Square Fecl
I +
10 Fort
Minmrurn
Dep h
I
1
:., 1
r
1
Pedestrian Break • G foul min
( I 1 Small Frergicen Trees 10 Pones 10 Point>
--- I10Aloduun Fser¢men Shrub, a 2 Point, 20 Pomis
-- (I 51 Small Deciduous Shrubs \ I Point I ; Pones
Iola[ 4` Points
iv. Office and commercial use types.
A. Office and commercial use types are required to install a minimum of
sixty (60) points of landscaping per five hundred (500) square feet of buffer
zone, except that uses which include a curb -side service restaurant or drive-
thru facility, or that operate between the hours of 10:00 p.m. and 5:00 a.m.
and/or more than twelve (12) hours per day shall be deemed office and
NX
commercial intense use types for the purpose of landscaping and shall be
required to install a minimum of ninety (90) points of landscaping per five
hundred (500) square feet of buffer zone.
Commercial Usc Type
60 Points per 500 Square Feel
I(ll•ooTt— �
ePDep11O,
- Pedestrian Bleat. - 6 fuut min.
t 12) Medium F\ergreen Shrubs \ 2 Points 24 Points
— (24) 1 Gallon (,rouu&mct> e � Points - 12 Pomp
—(22) Small h crereen 1'raes a 10 Ponn 20 Pomrs
— (4) Sniall I)whous Shnibs \ I Pour t Points
Ictal - 60 Point,
Commercial I '.tic "I ype
90 Points per 500 Square I•eel
nn min.
Ills -.G Points
Ills = la Points
its - 24 Points
int I6 Points
- - -- . .Ills •10 Points
Total 90 Points
B. In the case of a master -planned commercial or office park, the required
buffer zone points shall be reduced by fifty percent (50%) for interior lot
lines which are platted as part of the overall park. No reduction shall be
allowed along sections of lot lines which are adjacent to properties not part of
the master -planned park or in buffer zones adjacent to the exterior borders of
the park, except as noted below.
i. In the case of a master -planned commercial or office park which has
installed buffer zone landscaping around the park as a whole, in accordance
with section 4-17005, the required buffer zone points per lot shall be zero (0)
along sections of lot lines which contain existing buffer zone landscaping in
accordance with section 4-17005
C. In the case of a commercial or office use type which is immediately
adjacent to another commercial and office use type, the minimum required
buffer zone points per lot shall be reduced by fifty percent (50%) along any
shared sections of the lot lines.
V. Industrial use types.
A. Industrial use types are required to install a minimum of one hundred
twenty (120) points of landscaping per five hundred (500) square feet of
buffer zone.
29
Industrial Use Bul er
120 Points per 500 Square Feet
' Pedestrian Break - G foot min,
— (32) Small Evergreen Shrubs x I Point = 32 Points
( Id) Medium Deciduous Shnrbs x ; Points == 28 Points
— (2) Medium Deciduous Trees x 20 Point 40 Points
— (2) SrnalI Everg.reen Two x 10 Points 20 Ponrts
Total 1220 Pointe
B. In the case of a master -planned industrial or commerce park, the
required buffer zone points per lot shall be reduced by fifty percent (50%) for
interior lot lines which are platted as part of the overall park. No reduction
shall be allowed along sections of lot lines which are adjacent to properties
not part of the master -planned park or in buffer zones adjacent to the exterior
borders of the park except as noted below.
1. In the case of a master -planned industrial or commerce park which has
installed buffer zone landscaping around the park as a whole, in accordance
with section 4-19005, the required buffer zone points per lot shall be zero (0)
along sections of lot lines which contain existing buffer zone landscaping in
accordance with section 4-19005
vi. Miscellaneous use types.
A. Miscellaneous use types are required to install a minimum of one
hundred twenty (120) points of landscaping per five hundred (500) square
feet of buffer zone.
B. The zoning administrator may administratively waive up to thirty (30)
points of landscaping per five hundred (500) square feet for the buffer zone
of less intense miscellaneous uses, with a written request, including
justification, from the applicant.
1. Waiver requests greater than thirty (30) points per five hundred (500)
square feet shall be considered by the board of supervisors following a
recommendation by the planning commission.
3. Parking zone...... The parking zone is a continuous perimeter buffer,
ten (10) feet in width, surrounding the entire parking area, which includes
parking spaces and any directly adjacent sidewalks, loading zones, drive
aisles, and ingress/egress driveways.
Parking Zone
60 Points per 500 Square Peet of Zone .Area
Parkinu
70nr
a. Parking zones shall install a minimum of sixty (60) points of
landscaping per five hundred (500) square feet of total parking zone area.
30
i. All landscaping points must be installed within the boundaries of the
parking zone, except that twenty percent (20%) of points shall be distributed
on interior landscaping islands and medians, if applicable.
ii. A minimum of twenty percent (20%) of points shall be shrubs.
iii. Shrubs shall be a minimum of twenty-four (24) inches in height at the
time of installation.
iv. Parking zone landscaping shall be distributed across the parking area so
that the cumulative effect shall be to provide a minimum of thirty percent
(30%) canopy coverage or shading of the parking zone within fifteen (15)
years.
b. Included within the total required points for the parking zone shall be
one (1) large deciduous tree per two thousand (2,000) square feet of parking
zone. The parking zone area calculation shall include parking spaces and any
directly adjacent sidewalks, loading zones, drive aisles, and ingress/egress
driveways.
C. Each parking space above the minimum parking space requirements of
this ordinance shall require an additional ten (10) landscaping points per
space, to be installed in the parking zone.
i. Each space above the minimum requirements of this ordinance shall be
surfaced in permeable materials and shall not be impervious materials as
defined in section 2-1002
ii. Landscaping credits, as specified in section 8-1007, shall not be
applicable to any landscaping points accumulated for parking spaces above
the minimum parking space requirements of this ordinance.
d. Landscaping islands a minimum of nine (9) feet wide and eighteen and
one-half (18.5) feet long are required at the end of each parking row. Islands
at the end of a double row of parking are required to be a minimum of nine
(9) feet wide by thirty-seven (37) feet long.
i. Additional landscaping islands, a minimum of nine (9) feet wide by
eighteen and one-half (18.5) feet long, are required every eight (8) linear
spaces to break up long rows of parking. Islands inserted into a double row of
parking are required to be a minimum of nine (9) feet wide by thirty-seven
(37) feet long.
Parkine Islands
.\Icdran+ 11, pad,+U.an n Ikwa . ,n Wn n
ninum. nl' I Feel in w'id.h, m Iuden a
pedevrnan a;dkwas u uunnnnm al's (erl m
u old. Island nn a double . enc of
.._ Pnrkina. l7 lie hp 9 Ices
\Icdmn nnnnnum S Icd
�� a ulrh
C: Nansd un.. ple rm ai
IS 5 len I+y q
""innnu of lurking
—.i >pauv In.x�sn island:
XI..sinnun UII
Ila. king la•r>cccn mMians
e. Parking lots shall include no more than four (4) consecutive rows of
parking (no more than two (2) double rows of parking) without at least one
(1) landscaping median, a minimum of five (5) feet wide, connecting
landscaping islands to break up large parking areas.
31
f. Large parking lots shall be divided into smaller parking fields of no
more than one hundred (100) spaces using landscaping medians which are a
minimum of fifteen (15) feet wide and including a pedestrian walkway which
is at least five (5) feet wide.
g. Any parking area that is adjacent to a road or other right-of-way shall
provide an additional sixty (60) points per five hundred (500) square feet of
area between the parking area and the road or right-of-way.
h. Where a parking area is altered or expanded to increase the size to
twenty (20) or more vehicle parking spaces and is used regularly for at least
five (5) days a week, landscaping for the entire parking area shall be
provided, not only for the extent of the alteration or expansion.
4. Foundation zone...... The foundation zone is a continuous area six (6)
feet in width around the entire perimeter of the building.
Foundation Zone
30 Points per 150 Square Feet of Zone Area
Foundation
Zone
a
n
a. Foundation zones shall install a minimum of thirty (30) points of
landscaping per one hundred fifty (150) square feet of total foundation zone
area.
b. Landscaping shall be installed as a continuous bed around all sides of
the structure, except that required perpendicular access breaks shall be
allowed.
C. Landscaping points may be reduced by fifty percent (50%) on any side
of a structure which is not visible from an existing or proposed public right-
of-way.
5. Screening zone...... The screening zone is a continuous planting area
required around all service structures, equipment, and/or outdoor storage
yards for the purpose of reducing the impact of the structure or use visually
and acoustically.
32
Screening Zone
8 Points per 10 Linear Feet of Perimeter
Screening Zone
Arca'to be
Access Measured
Point Outer Limits of
I All Sides
a. Screening zones shall install a minimum of eight (8) points of
landscaping per ten (10) linear feet of perimeter length.
b. In the screening zone, solid and semisolid perimeter features such as
fences, berms, walls, or other nonorganic elements shall not be included in
the calculation of landscaping points.
C. The perimeter area of service structures, equipment, and/or outdoor
storage yards shall be determined by measurement of the complete outside
perimeter of the structure or equipment, including any fencing, and including
the distance across access points or entryways.
d. Landscaping shall be installed as a continuous screen around all sides
of service structures, equipment, and/or outdoor storage yards, except that
required access and entry breaks shall be allowed, provided that the points
associated with the perimeter area of such breaks are incorporated into the
rest of the screening zone.
e. Plants must be installed no more than ten (10) feet from the base of
service structures, equipment, and/or outdoor storage yards. If service
structures, equipment, and/or outdoor storage yards are enclosed by a fence,
wall, berm, or other perimeter feature, the required screening points shall be
installed within ten (10) feet of the base of such perimeter feature.
f. At the time of installation, plant height shall be a minimum of fifty
percent (50%) of the total height of the structure or equipment being
screened.
D. Single-family residential.
1. Single-family residential lots shall be treated as a single zone meeting
the requirements of this section and shall not be required to meet the
individual frontage, buffer, parking, foundation, and screening zone
regulations unless specifically required by an adopted master plan.
2. Single-family residential lots shall install, at a minimum, the
landscaping points as required by section 8-1006
3. Required landscaping points shall be installed before issuance of a
certificate of occupancy. (7-7-05; Ord. No. 2011-21-C, I l -17-11; Ord. No.
2013-7-C, 5-16-13, 3-20-14.)
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.
33
B. Sale of Public Property to Joel C. Bradshaw, III
County Attorney Popovich presented a request by Joel C. Bradshaw, III to
purchase 16.95 acres of land in the Carrsville Election District from the
County at a price of $2,000 per acre.
Frank A. Halton, Director of General Services, provided an overview of the
property under discussion which is located behind the Carrsville Volunteer
Fire Department is completely wooded and zoned rural agricultural
conservation.
Chairman Bailey called for persons to speak in favor of or in opposition to
the proposed amendments.
No one appeared and spoke.
Chairman Bailey closed the public hearing and called for comments from the
Board.
Supervisor Alphin moved to authorize the sale of public property to Joel C.
Bradshaw, III and authorize the Chairman to execute any and all documents
necessary to effectuate the 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 ATTORNEY'S REPORT
County Attorney Popovich briefed the Board regarding additional revisions
made to the Board's by-laws with regard to comments provisions received
being: (1) the same rules for Citizens' Comments and Public Hearings and
(2) incorporating the Board holding electronic meetings in situations where
there is a declared state of emergency. He advised that this matter would be
included in his report for the Board's formal adoption at its organizational
meeting on January 5, 2015.
Responsive to the Board's previous action, County Attorney Popovich
briefed the Board regarding the protocol utilized for advertising County
business matters in the local newspapers. He presented a proposed
Resolution to Amend Chapter 8: Miscellaneous — General (Non -Employee)
of the Isle of Wight County Policy Manual by Adopting Article VI, Public
Notice , designating The Daily Press as the newspaper where official notices
of the County will be advertised and The Smithfield Times and Tidewater
News as the newspapers where County non -official notices will be
advertised.
H. Woodrow Crook, Jr., on behalf of The Smithfield Times, referenced a
letter dated November 4, 2014 and advised that the County has traditionally
advertised its business in The Smithfield Times because is located in the
County and it is the newspaper that produces the local news for the County.
He stated citizens read it for the local news and its distribution area includes
most of the County. He stated all legal requirements are met as The
Smithfield Times is published in the County. He stated County matters
should be published in the local newspaper so that citizens are kept apprised
even if the Board does not agree with the editorials or what the reporters are
saying. He advised that there are questions about the County meeting a legal
requirement when it bypasses the local newspaper at a greater cost and less
distribution in the County and the door would be open for litigation when
ordinances and zonings are adopted.
County Attorney Popovich recalled for the Board that the thought to change
the County's existing way of advertising is because the County ends up
holding up the peoples' business based upon the timing of its publications in
The Smithfield Times.
Supervisor Alphin moved that staff be directed to advertise the County's
legal public hearings in The Smithfield Times and the Tidewater News and
that the County Attorney be directed to include this in the County's Policy
Manual. The motion was adopted by a vote of (4-1) with Supervisors Bailey,
Alphin, Casteen and Darden voting in favor of the motion and Supervisor
Jefferson voting against the motion.
COUNTY ADMINISTRATOR'S REPORT
A legislative update was provided by Donald T. Robertson, Director of
Information Resources and Legislative Affairs.
Amy Ring, Interim Director of Economic Development, provided a
PowerPoint presentation revealing the findings and analyses on property use
options for the Stoup property which was prepared by staff of General
Services, Inspections, Planning and Zoning, Tourism, economic development
and the County administrator with a recommendation by staff to proceed with
Option 4, Public Mixed Use Center.
Supervisor Darden moved to pursue Option 4 and authorize staff to make
application for a planning grant from the Department of Housing and
Community Development. The motion was adopted by 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.
PowerPoint presentations were provided by Sheriff Marshall and Terry Hall
of York County regarding the need to replace the 911 radio system due to
existing system challenges. Sheriff Marshall recommended that the County
acquire an FCC license; hire a consultant to design, recommend and
implement a regional system in conjunction with a regional partner;
determine long time financing options; contract and financing options;
contract and financing options to the Board in the next six months; and,
35
deployment will take approximately one year from the time the contract is
signed.
Chairman Bailey moved that the Sheriff move forward with this effort and
that he return to the Board with the cost and where to go from there. The
motion was adopted by 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.
Following a break, Andrea S. Clontz, Interim Director of Emergency
Services, provided background information relative to the need for ALS
support coverage for the Carrollton Service District. An interim and short-
term solution was identified, along with the associated benefits.
Chairman Bailey moved to authorize the interim solution for ALS coverage
as recommended and request staff to provide an update at the January 2015
Board meeting. The motion was adopted by 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 Chairman be directed to send a letter to the
Chief of the Carrollton Volunteer Fire Department regarding the interim
solution adopted by the Board. The motion was adopted by 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.
Mary Beth Johnson, Director of Human Resources, reviewed proposed
amendments to the County's Personnel Policy relating to notification for
need to utilize sick leave; leave under the Family Medical Leave Act; and,
holiday pay.
Supervisor Darden moved that the following Resolution be adopted:
RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE V,
SECTIONS 5.4 AND 5.12 AND CHAPTER 1: PERSONNEL, ARTICLE VI,
SECTION 6.3 OF THE COUNTY POLICY MANUAL
WHEREAS, the County has established guidelines regarding
notification for need to utilize sick leave, leave under the Family Medical
Leave Act (FMLA), Holidays observed by the County and payment for such
holidays, under Chapter 1: Personnel, Article V, Sections 5.4 and 5.12 and
Article VI, Section 6.3 of the County Policy Manual; and
WHEREAS, the Board of Supervisors desires to amend Chapter 1:
Personnel, Article V, Sections 5.4 and 5.12 and Article VI, Section 6.3 of the
County Policy Manual to afford for enhanced employee guidance by
clarifying guidelines regarding the utilization of sick leave, federal FMLA
we
provisions and the associated employee and employer rights and
responsibilities, and holiday pay.
NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel,
Article V, Sections 5.4 and 5.12 and Article VI, Section 6.3 of the County
Policy Manual is hereby amended as follows:
Chapter 1: Personnel
ARTICLE V
Leave Provisions
(Revised September 1, 2005, December 15, 2005, February 2, 2006, April 5,
2007, October 2, 2008, January 8, 2009, June 19, 2014, October 16, 2014,
December 18, 2014)
Section 5.4
(Revised December 18, 2014)
Notification
So that accurate records can be kept, an employee (or his/her representative)
shall notify his/her department director, supervisor, or whomever designated
by the employee's department, promptly by telephone of, messenger, or
other such means designated by the employee's department, no later than
one-half hour after reporting time, if physically possible. Departments may
designate a more specific time period required for advanced notification of
the need to utilize sick leave as needed for effective business operations.
Wher-e in the interest of publie safety a speeified number- of personnel are
really " ossiAbuse of this policy may result in disciplinary action.
Once sick leave has been exhausted, other leave policies may apply (e.g.,
annual leave, leave without pay, etc.). Absence for a job-related injury shall
be recorded use„�r1iarleave --in accordance with Article VI, Section 6.6
Workers' Compensation.
Regular employees on approved sick leave shall be paid their prevailing
wage based on the prevailing scheduled workweek not to exceed forty (40)
hours per week. Leave will be charged to the nearest half hou in quarter-
hour increments.
Section 5.12
(Revised April 7, 2005, January 8, 2009, December 18, 2014)
Leave Under the Family and Medical Leave Act ("FMLA")
The County complies with the Family and Medical Leave Act (FMLA),
37
which provides eligible employees with up to 12 workweeks (or up to 26
weeks of military caregiver leave to care for a covered servicemember with a
serious injury or illness) during a 12 -month period. The leave may be paid,
unpaid, or a combination of paid and unpaid leave, depending on the
circumstances of the leave and as specified in this policy. of unpaid le
eet4ain family and medical r-easefis during a 12 menth period. Eligib4e
eniployees:�A,he -are family membefs of eovei:ed ser-viee members will be able
to take up to 26 wofkweeks of lem-e --iffligle twelve (12) month per-ie4-.
During this leave, an eligible employee is entitled to continued group health
plan coverage. At the conclusion of the leave, subject to some exceptions, an
employee generally has a right to return to the same or equivalent position.
The function of this policy is to provide employees with a general description
of their FMLA rights. In the event of any conflict between this policy and
the applicable law, employees will be afforded all rights required by law.
Employee Eligibility Criteria
To be eligible for FMLA leave, an employee must have been employed by
Isle of Wight County:
• for at least 12 months (which need not be consecutive). Separate
periods of employment will be counted, provided the break in service
does not exceed seven years. Separate periods of employment will be
counted if the break in service exceeds seven years due to National
Guard or Reserve military service obligations or when there is a written
agreement. For eligibility purposes, an employee will be considered to
have been employed for an entire week even if the employee was on
the payroll for only part of a week or if the employee is on leave during
the week.;
• for at least 1,250 hours during the 12 month period immediately before
the date when the leave is requested to commence. preced� �the
eemmeneement of the eave The principles established under the Fair
Labor Standards Act (FLSA) determine the number of hours worked by
an employee. The FLSA does not include time spent on paid or unpaid
leave as hours worked. Consequently, these hours of leave shall not be
counted in determining the 1,250 hours eligibility test for an employee
under FMLA; and
• at a worksite where 50 or more
employees are lee -at employed by the County within 75 miles of the
that office or worksite. The distance is to be calculated by using
available transportation by the most direct route.
Events
3A'h a N4. -Ay E.mi.1-le an
E , a FMLA
A T- Leave --Ty ep s of
Leave Covered
FMLA leave may be taken fef any To qualify as FMLA leave under this
policy, the employee must be taking leave for one or more of the following
reasons:
The birth of a childand in order to care for that child; the-empToye�
T
x+hild-o � - o eafe for- the newborn
e b h ld;
b. The placement of a child with the employee for adoption or foster care,
and/or to care for the newly placed child;
c. To care for the employee's spouse, child, or parent (but not in-law)
with a serious health condition (described below);
d. The employee's own serious health condition that snakes the employee
unable to perforin one or more of the essential functions of his or her
job.
e. Because of a qualifying exigency arising out of the fact that the
employee's spouse, son or daughter, or parent is on active duty or
called to covered active duty status in support of contingency
operations as a member of the National Guard or Reserves (described
below); and/or,
f. Because the employee's spouse, son or daughter, parent, or next of kin
of a covered service member or veteran requires care due to a with
serious injury or illness (described below).
A "serious health condition" is defined as a condition that requires
illness, �,. mo�+,� ,,,.,,,a;, that :,,..,,l inpatient
ire or phyri mental eendi {.1
care in at a hospital, hospice, or residential medical facility, including any
period of incapacity or any subsequent treatment in connection with such
inpatient care or a condition that requires of continuing treatment by a
licensed health care provider.
This policy covers illnesses of a serious and long-term nature, resulting in
recurring or lengthy absences. Employees with questions about what
illnesses are covered under the FNMA policy or under the County's sick
leave policy are encouraged to consult with the County's Human Resources
Department.
Leave taken under a "qualifying exigency" is defined as leave, up to 12
weeks in duration, taken by families of members of the National Guard or
Reserves or of a regular component of the Armed Forces when the covered
military member is on covered active duty or called to covered active duty
and must be for one of the following: short -notice deployment, military
events and activities, child care and school activities, financial and legal
arrangements, counseling, rest and recuperation, post -deployment activities,
and additional activities that arise out of active duty, provided that the
employer and employee agree, including agreement on timing and duration of
leave. The leave may commence as soon as the individual receives the call -
39
up notice.
Eligible employees are entitled to FMLA leave to care for a current member
of the Armed Forces, including a member of the National Guard or Reserves,
or a member of the Armed Forces, the National Guard or Reserves who is on
the temporary disability retired list, who has a serious injury or illness
incurred in the line of duty on active duty for which he or she is undergoing
medical treatment, recuperation, or therapy; or otherwise in out-patient
status; or otherwise on the temporary disability retired list. Eligible
employees may not take leave under this provision to care for former
members of the Armed Forces, former members of the National Guard or
Reserves, and members of the permanent disability retired list. This type of
leave would be counted towards the employee's 12 -week maximum of
FMLA leave in a 12 -month period.
Leave taken to care for an injured or ill servicemember or veteran, up to 26
weeks in duration, who was injured or incurred an illness in the line of duty
while on active duty in the Armed Forces (or existed before the beginning of
the member's active duty and was aggravated by service in the line of duty
on active duty in the Armed Forces). FMLA leave already taken for other
reasons will be deducted from the total of 26 weeks available.
Limits on FMLA Leave
Leave to care for a newborn or for a newly placed child must conclude within
12 months after the birth or placement of the child.
When both spouses are employed by Isle of Wight County, they are together
entitled to a combined total of 12 workweeks of FMLA leave within the
designated 12 month period for the birth, adoption, or foster care placement
of a child with the employees; for aftercare of the newborn or newly placed
child; and to care for a parent (but not in-law) with a serious health condition.
Each spouse may be entitled to additional FMLA leave for other FMLA
qualifying reasons. For example, if each spouse took 6 weeks of leave to care
for a healthy newborn child, each could later use an additional 6 weeks due to
his/her own serious health condition or to care for a spouse, child, or parent
with a serious health condition.
When both spouses are employed by Isle of Wight County and each wishes
to take leave to care for a covered injured or ill servicemember, each spouse
may only take a combined total of 26 weeks of leave.
Intermittent or Reduced Work Schedule Leave
"Intermittent leave" is leave taken in separate blocks of time due to a single
qualifying reason. "Reduced work schedule leave" is leave that reduces an
employee's usual number of hours per workweek or hours per workday,
resulting in a reduced hour schedule. In all cases, the leave may not exceed a
M
total of 12 workweeks (or 26 workweeks to care for an injured or ill
servicemember or veteran over a 12 -month period).
Leave to care for a newborn or a newly placed child must be taken all at
once, and may not be taken intermittently or on a reduced work schedule.
Leave taken because of an employee's own serious health condition, or to
care for an employee's spouse, child, or parent with a serious health
condition, may be taken all at once or, where medically necessary,
intermittently or on a reduced work schedule.
If an employee takes leave intermittently or on a reduced work schedule
basis, the employee must, when requested, attempt to schedule the leave so as
not to unduly disrupt the County's operations. When an employee takes
intermittent or reduced work schedule leave for the employee or employee's
family member and for foreseeable planned medical treatment, the County
may temporarily transfer the employee to an alternative position with
equivalent pay and benefits for which the employee is qualified and which
better accommodates the intermittent or reduced work schedule
per-iods of
leave
Requests for FMLA Leave
All employees requesting FMLA leave must provide verbal or written notice
of the need for the leave to the Human Resources Department. Within five
business days after the employee has provided this notice, the Human
Resources Department will complete and provide the employee with the
Department of Labor Notice of Eligibility and Rights. The employee will be
provided the An empleyee should request FN4LA leave by eempleting the
Request for Family/Medical Leave form and submit4ng it to the Dir-e,.ter- „f
Human
Reseuree Human Resources Department.
When leave is foreseeable for childbirth, placement of a child or planned
medical treatment for the employee's or family member's serious health
condition, the employee must provide the County with at least 30 days
advance notice, or such shorter notice as is practicable (i.e., within 1 or 2
business days of learning of the need for the leave). When the timing of the
leave is not foreseeable, the employee must pre ide the G, unt , with . otiee e
the need for leave as seen as pr-aefieable .,
within 1 or- 2 business days 4
!ear-, ing of the nee for leave). comply with the County's usual and
customary notice and procedural requirements for requesting leave, absent
unusual circumstances.
Required Documentation
When leave is taken to care for a family member, the County may require the
employee to provide documentation or statement of family relationship (e.g.,
birth certificate or court document).
41
An employee fftay shall be required to submit medical certification from a
health care provider to support a request for FMLA leave for the employee's
or a family member's serious health condition. Medical certification forms
(Department of Labor Certification of Health Care Provider for Employee's
Serious Health Condition form) are available in the Human Resources
Department. The employee must respond to such a request for medical
certification within 15 days of the request or provide a reasonable
explanation for the delay. Failure to provide certification may result in a
denial of continuation of leave.
During FMLA leave, the County may request that the employee provide
recertification of a serious health condition at intervals in accordance with the
FMLA. In addition, during FMLA leave, the employee must provide the
County with periodic reports regarding the employee's status and intent to
return to work. The County may provide the employee's health care provider
with the employee's attendance records and ask whether the need for leave is
consistent with the employee's serious health condition. If the employee's
anticipated return to work date changes and it becomes necessary for the
employee to take more or less leave than originally anticipated, the employee
must provide the County with reasonable advance notice (i.e., within 4
business days) of the employee's changed circumstances and new return to
work date. If the employee gives the County notice of intent not to return to
work, the employee will be considered to have voluntarily resigned.
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The County has the right to ask for a second opinion if it has reason to doubt
the certification. The County will pay for any such second opinion
necessary.
To certify a qualifying exigency for military FMLA leave, the County will
require certification within 15 days of the request or provide a reasonable
explanation for the delay. Failure to provide certification may result in a
denial of continuation of leave. Qualifying exigency forms (Department of
Labor Certification of Qualifying Exigency for Military Leave form) are
available in the Human Resources Department.
To certify a serious injury or illness of the covered servicemember or veteran,
the County will require certification within 15 days of the request or provide
a reasonable explanation for the delay. Failure to provide certification may
result in a denial of continuation of leave. Certification forms (Department
of Labor Certification for Serious Injury or Illness of Covered
Servicemember form) are available in the Human Resources Department.
42
FMLA leave ^N return to wer- - may be delayed or denied if the appropriate
documentation is not provided in a timely manner. Also, a failure to provide
requested documentation of the reason for an absence from work may lead to
termination of employment.
Use of Paid or Unpaid Leave
FMLA provides eligible employees with up to 12 (or 26) workweeks of
unpaid leave. if the
employee has acer-ued r,,;d leave (e.g annual or--
leave), however Therefore, FMLA leave may be paid, unpaid, or a
combination of paid and unpaid leave, depending on the circumstances of the
leave and the employee's accrued paid leave available. An employee who is
taking FMLA leave because of the employee's own serious health condition
or the serious health condition of a family memberT- he enipleyee must use
any qualifying paid leave fwA prior to being eligible for unpaid leave.
Qualifying paid leave is leave that would otherwise be available to the
employee for the purpose for which the FMLA leave is taken. The remainder
of the 12 (or 26) workweeks of leave, if any, will be unpaid FMLA leave.
Any paid leave used for an FMLA qualifying reason will be charged against
an employee's entitlement to FMLA leave. The substitution of paid leave for
unpaid leave does not extend the 12 (or 26) workweek leave period.
An employee who is taking leave for the adoption or foster care of a child
must use all paid annual and personal leave prior to being eligible for unpaid
leave. An employee who is using military FMLA leave for a qualifying
exigency must use all paid annual and personal leave prior to being eligible
for unpaid leave.
Designation of Leave
Within five business days after the employee has submitted the appropriate
certification form, the Human Resources Department will notify provide the
employee with a written response to the employee's request for FMLA leave
(using the Department of Labor Designation Notice). that leave has been
designated as FN4 ^ 'e=we The County may provisionally designate the
employee's leave as FMLA leave if the County has not received medical
certification or has not otherwise been able to confirm that the employee's
leave qualifies as FMLA leave. Sick leave may be run concurrently with
FMLA leave if the reason for the FMLA leave is covered by the established
policy. Leave for the birth of a child and for an employee's serious health
condition, including workers' compensation leave (to the extent that it
qualifies), will be designated as FMLA leave and will run concurrently with
FMLA. If the employee has leave to be counted as FMLA leave, the
employee must notify the Di -e^*er of Human Reseur- Human Resources
Department within 2 business days of the employee's return to work that the
leave was for an FMLA reason.
If an employee takes paid leave for a condition that progresses into a serious
health condition and the employee requests unpaid leave as provided under
this policy, the County may designate all or some portion of related leave
taken as FMLA leave, to the extent that the earlier leave meets the necessary
qualifications.
Maintenance of Health Insurance Benefits and other Benefits
During FMLA leave, an employee is entitled to continued group health plan
coverage at the same level and under the same conditions as if the employee
had continued to work. If the employee chooses not to return to work for
reasons other than a continued serious health condition of the employee or
the employee's family member or a circumstance beyond the employee's
control, the County will require the employee to reimburse the County the
amount it paid for the employee's health insurance premium during the leave
period.
To the extent that an employee's FMLA leave is paid, the employee's portion
of health insurance premiums will be payroll -deducted from the employee's
salary paycheck. While on unpaid leave, the employee must continue to
make this payment, either in person or by mail.. healthFer the pet xie e f Farr n
leave that is r , Y
the lee er-t o 7' 11. Premiums
Y-Y-1-�1t� be paid
at the
same tin
e as
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If the employee's payment of health insurance premiums is more than 30
days late, the County may discontinue health insurance coverage for the
duration of the leave upon at least 15 days' notice to the employee prior to
the employee's loss of coverage.
If the employee contributes to a life insurance plan, disability plan, or any
other voluntary contributions to benefit plans, the County will continue
making payroll deductions while the employee is on paid FMLA leave.
While the employee is on unpaid FMLA leave, the County will discontinue
coverage during the FMLA leave. Upon the employee's return from FMLA
leave, payroll deductions will recommence.
Return to Work From Approved Leave
Upon the return to work from approved FMLA leave that was twelve (12)
workweeks or less in duration, the employee will be restored to the position
of employment held by the employee when the leave commenced or restored
to an equivalent position with equivalent status, benefits, pay, and other
terms and conditions of employment.
An employee that takes FMLA leave that was twelve (12) workweeks or less
in duration may be required to provide a fitness for duty clearance from the
health care provider stating that the employee is able to resume work and/or
if there are any limitations. This requirement will be included in the
employer's response to the FMLA request.
An employee's return to work may be delayed or denied if the appropriate
documentation is not provided in a timely manner. Also, a failure to provide
requested documentation of the reason for an absence from work may lead to
termination of employment.
Limitations on Reinstatement
An employee is entitled to reinstatement only if he/she would have continued
to be employed had FMLA not been taken. Thus, an employee is not entitled
to reinstatement if, because of a layoff, reduction in force, or other reason,
the employee would not be employed at the time job restoration is sought.
The County reserves the right to deny reinstatement to salaried, eligible
employees who are among the highest paid ten (10) percent of the County's
employees employed within 75 miles of the worksite ("key employees") if
such denial is necessary to prevent substantial and grievous economic injury
to the County's operations.
Failure to Return to Work Following FMLA Leave
If the employee does not return to work following the conclusion of FMLA
leave, the employee will be considered to have voluntarily resigned. The
County may recover health insurance premiums that were paid in on behalf
of the employee during an unpaid FMLA leave except that the County's
share of such premiums may not be recovered if the employee fails to return
to work because of other circumstances beyond the employee's control. In
such cases, the County may require the employee to provide medical
certification of the employee's or family member's serious health condition.
Additional Information
For further information or clarification about FMLA leave, please contact the
Human Resources Department.
ARTICLE VI
Benefits
(Revised January 17, 2002, September 1, 2005, December 15, 2005, October
16, 2006, October 4, 2007, November 15, 2007, July 1, 2008,
December 4, 2008, November 20, 2014, December 18, 2014)
Section 6.3
Holidays
(Revised October 4, 2007, July 1, 2008, December 18, 2014)
Isle of Wight County shall observe the following holidays and other such
holidays as may be prescribed by the Board of Supervisors or by the
Governor of the Commonwealth of Virginia:
45
New Year's Day
Lee/Jackson Day
King Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Christmas Day
First day of January
Friday preceding Third Monday
in January
Third Monday in January
Third Monday in February
Last Monday in May
Fourth day of July
First Monday in September
Second Monday in October
Eleventh day of November
Fourth Thursday in November and the
Day after Thanksgiving Day
Twenty-fifth day of December and the
day before or after Christmas Day
If any holiday falls on Saturday, 4ien the Friday preceding the holiday shall
be observed. If the holiday falls on Sunday, the following Monday shall be
observed. The Board of Supervisors may adjust the schedule to
accommodate special circumstances.
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All regular full-time employees shall be entitled to holiday time off with pay
equal to the employee's regularly scheduled hours of work. All regular part-
time employees (those regularly scheduled for 20-29 hours per week) shall be
entitled to time off with pay equal to four (4) hours. An employee forfeits
eligibility to be compensated for the holidays observed by the County unless
the employee works the last scheduled work day before the holiday and the
first scheduled work day after the holiday or is on approved leave with pay.
If a regular non-exempt full-time employee is required to work on a holiday,
he/she shall receive his/her regular rate of pay for all hours worked plus
compensatory time off. If an exempt employee is required to work on a
holiday, he/she shall receive compensatory time off equal to the hours
worked to be taken another time. If any part-time employee is required to
work on a holiday, regardless of his/her status, he/she shall receive pay at the
rate of time and a half for all hours worked on the holiday. Assignments for
work on a holiday must be approved in advance by the department head or
his/her designated representative. Given that the County recognizes the
:1.el
preceding Friday or following Monday but an eligible employee may be
required to work on the actual holiday, the employee will be eligible for
holiday pay in accordance with this holiday for any hours worked on both the
day the County recognizes the holiday and for any work on the actual
holiday.
An employee who has an unexcused absence for any part of the workday
preceding or following a holiday shall not receive holiday pay. An employee
who is on approved leave with pay during a period in which a holiday falls,
shall not be charged leave for the observed holiday. An employee who is on
military leave with pay during a period in which a holiday falls, shall not
receive any additional pay or compensatory leave for the holiday. An
employee on Workers' Compensation Leave will not receive holiday pay. In
the case of an employee who terminates employment and the last day actually
worked is the last work day before a holiday, the employee is not eligible for
holiday pay unless the holiday is the last day of the pay period and the
employee has been on active status for the full pay period.
For Religious or other National Holidays, with leave approved by the
supervisor, an employee may request authorized leave with pay as follows:
• Request charged to compensation time off (if applicable)
• Request charged to annual or personal leave
The motion was adopted by 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 presented a request from the Smithfield Town
Council for an Intergovernmental Relations Committee meeting and she was
directed to convey the Board's desire to conduct an Intergovernmental
meeting with the Smithfield Town Council sometime in January or February
2015.
Frank A. Halton, Director of General Services, provided highlights of a Pro -
Rata Share Policy for Utility System Construction, more commonly known as
a cost participation policy, the procedures for establishing such a policy and
associated incentives.
Supervisor Casteen moved that the Public Utility Pro -Rata Share Policy be
adopted. The motion was adopted by 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.
Responsive to County Administrator Seward's recommendation to set its
2015 organization meeting, Chairman Bailey moved that the Board conduct
its organizational meeting on January 5, 2015 at 11:00 a.m. The motion was
adopted by vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden
M
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
Responsive to County Administrator Seward's request for a joint work
session with the Industrial Development Authority, Chairman Bailey moved
that the Board conduct a joint work session with the Industrial Development
Authority on Tuesday, January 13, 2015 at 4:00 p.m. The motion was
adopted by 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 highlighted the following informational items
contained in the agenda for the Board's information: Tax Levies &
Collections as of November 2014/Cash Position/Statement of the Treasurer's
Accountability; Health Department Renovation and Ribbon Cutting; Fire and
Rescue Activity Report; County Website Statistics —November 2014; Charter
Price Adjustment Notice; Quarterly Financial Report Detail from November
209 2014 Meeting; Isle of Wight Volunteer Rescue Squad Ribbon Cutting;
Litter Pickup Schedule; and, the FY2015-16 Budget Calendar.
At 8:30 p.m., the Chairman declared the meeting adjourned.
,�2e, z e,
R . Alphin, hairman
Carey ills S rm, Clerk
W.