05-19-2016 Regular MeetingREGULAR SCHEDULED MEETING OF THE ISLE OF WIGHT COUNTY
BOARD OF SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR.
BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE ON
THURSDAY, THE NINETEENTH DAY OF MAY IN THE YEAR TWO
THOUSAND AND SIXTEEN AT 5:00 P.M.
PRESENT: Rex W. Alphin, Chairman
Rudolph Jefferson, Vice -Chairman
Joel C. Acree
Richard L. Grice
William M. McCarty
Also Attending: Mark C. Popovich, County Attorney
Sanford B. Wanner, Interim County Administrator
Donald T. Robertson, Director of Information
Resources and Legislative Affairs
Carey Mills Storm, Clerk
CALL TO ORDER/CLOSED MEETING
At 5:00 p.m., the meeting was called to order by Chairman Alphin.
County Attorney Popovich requested a closed meeting pursuant to Section
2.1-3711(A) of the Code of Virginia to discuss the appointment of specific
appointees to County boards, committee or authorities pursuant to
subsection 1; regarding consultation with legal counsel employed by this
public body regarding the Request for Proposal to allow hunting on the
Blackwater Property pursuant to subsection 7; to discuss the expansion of an
existing business where no previous announcement has been made of the
business' interest in expanding its facilities in the community, pursuant to
subsection 5; to discuss a prospective business where no previous
announcement has been made of the business' interest in locating its
facilities in the community, pursuant to subsection 5; regarding consultation
with legal counsel employed by this public body regarding actual litigation
with the International Paper Company, pursuant to subsection 7; and,
regarding consultation with legal counsel employed by this public body
regarding the Davis -Bacon Act violations by the schools pursuant to
subsection 7.
Supervisor Jefferson moved that the Board enter the closed meeting for the
reasons stated by County Attorney Popovich. The motion was adopted by a
vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Acree moved that the Board return to open meeting. The motion
was adopted by a vote of (5-0) with Supervisors Acree, Alphin, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor McCarty 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: Acree, Alphin, Grice, Jefferson and McCarty
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
INVOCATION/PLEDGE OF ALLEGIANCE
At 6:00 p.m., the invocation was delivered by Supervisor McCarty who led
the Pledge of Allegiance to the Flag.
APPROVAL OF AGENDA
Supervisor McCarty moved that the agenda be adopted as amended to
include under the County Administrator's report, add a discussion regarding
the reconfiguration of Route 10/258 intersection at Benns Church Boulevard
and under New Business, add discussion regarding the Board's June 16, 2016
meeting date.
The motion passed unanimously by a vote of (5-0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
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CITIZENS' COMMENTS
Michael Uzzle, Hardy District, requested the Board to investigate and
respond back to him regarding the School's purchase of a propane bus.
Mr. Wanner was requested to investigate Mr. Uzzle's safety concern.
Jose Hernandez of Carrollton requested an official response from the Board
regarding his request for the elimination of offensive language currently
being used by the Treasurer's office on overdue water bills and that the
vehicle license fee also be pro -rated for consistency with all other County
fees.
Mr. Wanner was requested to investigate the possibility of making certain
language changes on past due notices and to review the possibility of vehicle
license fees being pro -rated.
Pete Green, Hunters Run Lane, addressed the potential for impact on current
response times for deputies if SRO's are placed in the schools. He made
reference to $200,000 being budgeted for a concert and commented on the
price associated with the cleanup of stormwater runoff retention ponds.
Beth Haywood, Leah Dempsey, Liam Baylor, Mark Lee, Lee Duncan and Greg
Brown spoke in favor of the Nike Park Bike Trail.
CONSENT AGENDA
Supervisor Jefferson moved that the following Consent Agenda be adopted:
A. Accept and Appropriate Insurance Proceeds from VaCorp Risk
Management for Repairs to a County Vehicle ($4,994)
B. Resolution to Request VDOT Add Lake Forrest Circle (Route 1119),
Windsong Way (Route 1112), and Beacon Hill Way (Route 1117) in
Eagle Harbor Subdivision into the State Secondary System of
Highways
C. Resolution to Request VDOT Add Harbor Drive (Route 1977) in Eagle
Harbor Subdivision into the State Secondary System of Highways
D. Resolution to Request VDOT Add Batten Cove (Route 1058),
Alexandria Way (Route 1055), Tyler Court (Route 1056), and Settlers
Ridge (Route 1057) in Founders Pointe Phase 2 Subdivision into the
State Secondary System of Highways
E. Revised Isle of Wight County Emergency Operations Plan
F. Authorize the Chairman to Extend the Employment Agreement with
the Interim County Administrator on a Month -to -Month Basis
G. Resolution to Appoint Supervisor Rex W. Alphin to the Hampton
Roads Transportation Accountability Commission (HRTAC)
H. April 21, 2016 Regular Meeting Minutes
The motion passed unanimously by a vote of (5-0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
REGIONAL &r INTER -GOVERNMENTAL REPORTS
Interim County Administrator Wanner reported on presentations received
at the Hampton Roads Planning District Commission relative to the coastal
resiliency and protection to the region's military bases from the threat of
floods.
Mr. Wanner reported on a presentation received at the most recent meeting
of the Hampton Roads Transportation Planning Organization regarding a
conversion study on L,64 for the HOV lanes and a report on sea level rise and
storm surges and associated impacted on certain roadways.
Mr. Wanner reported on the responsibilities associated with the
Transportation Accountability Commission.
County Attorney Popovich advised unanimous approval was reached by all
participating localities of the Southeastern Public Service Authority Use &
Support Agreement.
APPOINTMENTS
Supervisor Jefferson moved that Don Robertson be reappointed to serve as
the ex -officio member on the Chamber of Commerce. The motion passed
unanimously by a vote of (5-0) with Supervisors Acree, Alphin, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor McCarty moved that Don Robertson be reappointed to serve as
the ex -officio member on the Comprehensive Services Act, /Policy &r
Management Team. The motion passed unanimously by a vote of (5-0) with
Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor McCarty moved that Nancy Mayo be reappointed to serve as the
Ex-Officio/Fiscal Agent on the Comprehensive Services Act/Policy &z
Management Team. The motion passed unanimously by a vote of (5-0) with
Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Acree moved that Caroline Hurt be reappointed to serve an
additional term on the Paul D. Camp Community College Board. The motion
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passed unanimously by a vote of (5-0) with Supervisors Acree, Alphin, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Jefferson moved that Ms. Wiggins be reappointed to serve on the
Social Services Board representing the Hardy District. The motion passed
unanimously by a vote of (5-0) with Supervisors Acree, Alphin, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Jefferson moved that Patricia Sowell be reappointed to serve on
the Social Services Board representing the Carrsville District. The motion
passed unanimously by a vote of (5-0) with Supervisors Acree, Alphin, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors
voting against the motion.
SPECIAL PRESENTATIONS/APPEARANCES
The Board received an update from Sarah McCoy, Government &e
Community Affairs Manager, Port of Virginia, on port activity relative to
forecasted port volumes, specifics on Norfolk International Terminals,
Portsmouth Marine Terminal, Virginia International Gateway and Newport
News Marine Terminal volumes, velocity challenges and mitigation,
economic development advances, and port competition.
Mr. Wanner was requested to set up a tour of the Port for the Board.
The Board received maintenance updates for roadways in the County, to
include paving, mowing and ditch maintenance, from Jerry Kee, VDOT
Franklin Residency Assistant Administrator
Chairman Alphin notified Mr. Kee about bank erosion occurring on Joyner's
Bridge Road; requested traffic counts on Stephens and See-Gar Drives; and,
advised that highway sprayers are not changing stoplights.
Supervisor McCarty notified Mr. Kee about shoulder erosion occurring along
Reynolds Drive.
Supervisor Acree advised Mr. Kee that the shoulder of Reynolds Drive is in
need of repair and ditches on Rainbows Way, Longview Drive and Route 17
between Bartlett and O'Meara Drive need to be cleared.
Supervisor Jefferson requested evaluation of Burwells Bay and Wrenn's Mill
roads due to their narrowness and he notified Mr. Kee that mailboxes on
Burwells Bay Road are protruding out into the roadway creating a safety
hazard.
Lee Duncan, Wharf Hill Brewing Company, accepted a framed certificate as
Entrepreneur of the Year.
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COUNTY ATTORNEY'S REPORT
A resolution was presented by County Attorney Popovich responsive to the
City of Suffolk's facilitation of a water distribution system line in the
Western Branch pump station and the City of Suffolk's need to convey such
line to the Western Tidewater Water Authority.
Supervisor Acree moved that the following Resolution be adopted:
A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR
TO ENTER INTO AN AGREEMENT WITH THE
WESTERN TIDEWATER WATER AUTHORITY
FOR THE TRANSFER OF THE
WESTERN BRANCH PIPELINE TO THE
WESTERN TIDEWATER WATER AUTHORITY
AND TO EXECUTE CERTAIN RELATED DOCUMENTS
WHEREAS, for the purpose of public benefit from the use of contracted
surface water capacity, the Western Tidewater Water Authority (the
"Authority"), the City of Suffolk ("Suffolk"), and Isle of Wight County ("Isle
of Wight") entered into that certain Western Tidewater Regional Water
Agreement, dated September 29, 2009 (the "2009 Agreement"); and,
WHEREAS, the 2009 Agreement provides that, subject to capital cost
payments by Suffolk and Isle of Wight, Suffolk shall design and construct a
water transmission pipeline for the transmission of raw water from the City
of Norfolk Western Branch Pump Station to Suffolk's Lonestar Lakes (the
"Western Branch Pipeline"); and,
WHEREAS, the Western Branch Pipeline is complete and all capital cost
payments therefore are current; and,
WHEREAS, the 2009 Agreement remains in full force and effect and
provides for the transfer of the Western Branch Pipeline to the Authority;
and,
WHEREAS, the Authority, Suffolk and Isle of Wight desire to complete the
transfer for the Western Branch Pipeline to the Authority.
NOW, THEREFORE, BE IT RESOLVED, by the Isle of Wight County Board
of Supervisors, that the Interim County Administrator is hereby authorized
to execute on behalf of Isle of Wight County a transfer agreement by and
among the Authority, Suffolk, and Isle of Wight for the purpose of
transferring Suffolk's right, title, and interest in and to the Western Branch
Pipeline, together with such other documents or instruments as may be
necessary and appropriate to effectuate such transfer, including, but not
limited to, a bill of sale conveying the pipeline and related personality to the
Authority, a utility easements assignment and assumption agreement
assigning certain related pipeline easements to the Authority, and a Tax
Status Maintenance Agreement, the form of such transfer agreement being
materially consistent with the agreement attached hereto as Exhibit A.
The motion passed unanimously by a vote of (5-0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
County Attorney Popovich presented a proposed Water and Sewer
Agreement between the Town of Smithfield and Isle of Wight County for the
Board's consideration.
Supervisor McCarty moved that the following Agreement be approved:
Water and Sewer Services Agreement By and Between Isle of Wight County,
Virginia and the Town of Smithfield, Virginia
This Agreement is made and entered into this day of
, 2016 by and between Isle of Wight County, Virginia, a
body politic of the Commonwealth of Virginia (hereinafter referred to as "the
County"), and the Town of Smithfield, Virginia, a Virginia municipal
corporation situate in Isle of Wight County, Virginia (hereinafter "the
Town").
Witnesseth:
Whereas, the County and the Town each own, operate and maintain
separate water and sewer systems which systems have been subject to
pending agreements that affect these respective utilities; and,
Whereas, the Town and the County wish to continue their relationship
whereby the Town shall provide water to the Gatling Pointe and Gatling
Pointe South subdivisions and Battery Park service area; the County shall
provide water to the Town from time to time as the Town may need
additional water to service its customers; and the Town shall continue to
provide sewer collection services for the Gatling Pointe and Gatling Pointe
South subdivisions; and
Now, Therefore, in consideration of the mutual promises and covenants
contained herein, it is agreed as follows:
Article 1
Water
1. The County and Town acknowledge and agree that, effective July 1,
2016, the receiving party shall pay the providing party $6.10 per 1,000
gallons of water provided during the term of this agreement. Billing
shall be provided by the providing party to the receiving party on a bi-
monthly basis. After the close of the fiscal year, or as soon as
practicable thereafter, the parties shall complete a true -up schedule
usage, rates and annual billings for the prior fiscal year, which reflects
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the actual audited use of the water being provided to the receiving
party.
2. The County and Town agree and acknowledge that the sale of water
from the Town to the County is intended to provide the amount of
water needed for the County to supply water to its customers in the
Gatling Pointe and Gatling Pointe South subdivisions and other lots
within the Gatling Pointe/Battery Park service area, which areas lie
outside the Town limits and which are currently being served by the
Town in an amount estimated to be approximately One Hundred
Fourteen Thousand Five Hundred (114,500) gallons per day.
The County shall make water available to the Town on an as needed
basis in the event that the Town is unable to provide sufficient water
for service to its customers, provided there is sufficient capacity for the
needs of the Town in the County's system.
4. The Town shall be responsible for any and all capital, maintenance,
operational or other costs associated with the delivery of County water
to Town customers within its jurisdictional limits. The County shall
be responsible for any and all capital, maintenance, operational or
other costs associated with the delivery of Town water to County
customers within its jurisdictional limits.
5. The Town acknowledges and agrees that the water provided by the
County is treated water. As such, the Town agrees that such treated
water cannot and shall not be mixed with untreated water, all in
accordance with applicable statutory and regulatory requirements of
the Commonwealth of Virginia. The County shall be responsible for
meeting applicable water quality requirements at the point where
County water enters the Town system, and the Town shall be
responsible for meeting applicable water quality requirements after
that point including with respect to all water delivered by the Town to
the Gatling Pointe subdivisions and other lots within the County's
Gatling Pointe/Battery Park service area.
6. The parties hereto agree that if any incident should occur which may
result in financial penalties or civil actions, then such incident shall be
investigated by a third party, independent engineering firm to be
agreed upon by the parties. The cost for such investigation shall be
borne equally by the parties. In the event such investigation
determines that the Town or County is solely or partly responsible for
damages caused by the incident and such investigation results are
agreed upon by the parties, the responsible party shall be solely and
individually responsible for any and all financial penalties or civil
actions. In the event that the parties cannot agree to the results of the
third party investigation the parties agree to submit the matter to
binding arbitration.
Article 2
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Sewer
1. The County and Town acknowledge that sewerage flows from the
Gatling Pointe residential subdivision and other lots within the
County's Gatling Pointe/Battery Park service area may continue to
flow through a portion of the Town's public sewer force main system
prior to discharge into the Hampton Roads Sanitation District sewer
interceptor. The Town agrees that said flows may continue flowing
through its system, and that the Town shall be responsible for the
costs of maintaining all public sewer force main lines within the
Town's boundaries.
In consideration of this continuing obligation to maintain all sewer
force main lines within the Town's boundaries, the County agrees to
pay the Town a monthly surcharge in the amount of $2.50 per month
for each residential and commercial connection which shall be paid by
the County on a bimonthly basis.
3. Both the Town and County shall comply with their respective
obligations as set forth in their respective Special Orders by Consent
with VDEQ, recognizing the interdependency and integrity of their
respective public sewer collection systems.
4. The County acknowledges the Town's ownership of the sewer force
main located within the Town's boundaries and that the Town
reserves the right to allow connections to such force main within the
Town's boundaries at its sole discretion, without interference from the
County, either by connection to a facility which discharges to the force
main or by direct connection to the force main. The Town
acknowledges that any such additional connections to the Town's
sewer force main may impact the County's sewer system. Therefore,
the Town shall notify the County ninety (90) days prior to any final
action by the Town Council which may result in the authorization of
new connections which are not authorized as of the effective date of
this agreement. The purpose of this notice is to give the County an
opportunity for review and comment. If such proposed additional
connection(s) would result in impacts that require upgrades to the
County's sewer system infrastructure, the Town hereby agrees to take
whatever actions it deems necessary in order to provide the County
with the necessary upgrade costs. Any additional upgrades, beyond
what is required for the approved impacts, shall be performed at the
sole expense of the party seeking such upgrades to their system.
5. The County acknowledges that the Town's sewer force main
discharges to the Hampton Roads Sanitation District (HRSD)
wastewater conveyance system and that the pressure in the HRSD
system may from time to time adversely affect operations of both the
Town's and the County's waste water sewer systems. The County
further acknowledges that the Town has no authority or control over
the pressure in the HRSD system. Neither party bears any
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responsibility for any adverse pressures nor bears any responsibility for
any costs that the other may incur resulting from any measures to
mitigate the adverse impacts, including costs related to any
enforcement activities for sewer system overflows as a result thereof.
However, if any party makes changes to the sewer system to mitigate
the adverse impacts from HRSD, such party shall notify the other party
of such mitigation measures.
6. Notwithstanding the provisions of Section S above, the parties agree
that any adverse pressures resulting in sanitary sewer overflows which
may result in financial penalties or civil actions pursuant to the Special
Order by Consent with VDEQ shall be investigated by a third party,
independent engineering firm, to be agreed upon by the parties. Costs
for such investigation shall be borne equally by the parties. In the
event such investigation determines that the Town or County is solely
or partly at fault for such sanitary sewer overflow and such
investigative results are agreed upon by the parties, the responsible
party shall by solely and individually responsible for any and all
financial penalties or civil actions imposed under the Special Order by
Consent. In the event the parties cannot agree to the results of the
independent third party investigation, the parties agree to submit the
matter to binding arbitration.
Article 3
Term
This agreement shall be in effect for a period of two (2) years from the
effective date
Article 4
Water and Sewer Task Force
In further consideration hereof, the parties agree that they will form a task
force to include representatives from the County of Isle of Wight, the Town
of Smithfield and the Town of Windsor (the "Task Force"). The purpose of
the Task Force is to enter into discussions for the long term planning for
water and sewer utility services to all current and future customers of the
three localities. The Task Force shall emphasize cooperation among the
parties so as to plan for and secure water and sewer services for all
customers, both within the towns and the county, with the goal of
establishing stable and affordable rates over the long term. The Task Force
shall provide each of the three localities with its recommendations for such
future operations no later than December 31, 2016.
Witness the following signatures to this Agreement, the Isle of Wight
County Board of Supervisors having authorized its County Administrator to
execute this Agreement on behalf of the County pursuant to a motion
adopted by the Isle of Wight County Board of Supervisors on
2016 and the Smithfield Town Council having
authorized the Town Manager to execute this Agreement on behalf of the
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Town pursuant to a resolution adopted by the Smithfield Town Council on
_, 2016.
The motion passed unanimously by a vote of (5-0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Public Hearings
An Ordinance to Amend and Reenact the Isle of Wight County Code
Appendix B Zoning: Article III Use jyges and Article IV Zoning Districts
and Boundaries in Order to Add Wholesale Sales to the List of Commercial
Use Types, to Modify the Definition of Warehousing and Distribution as an
Industrial Use Type, and to Provide for Wholesale Sales as a Use Under the
Appropriate Zoning District Provision
Richard Rudnicki, Assistant Director of Planning & Zoning, presented the
proposed ordinance amendment.
Chairman Alphin called for persons to speak in favor of or in opposition to
the proposed ordinance amendment.
Upon no one appearing to speak, the public hearing was closed and
comments from the Board were requested by Chairman Alphin,
Supervisor McCarty moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT THE FOLLOWING
SECTIONS OF THE ISLE OF WIGHT COUNTY CODE, APPENDIX B,
ZONING: ARTICLE III, USE TYPES AND ARTICLE IV, ZONING
DISTRICTS AND BOUNDARIES IN ORDER TO ADD WHOLESALE
SALES TO THE LIST OF COMMERCIAL USE TYPES, TO MODIFY THE
DEFINITION OF WAREHOUSING AND DISTRIBUTION AS AN
INDUSTRIAL USE TYPE, AND TO PROVIDE FOR WHOLESALE SALES
AS A USE UNDER THE APPROPRIATE ZONING DISTRICT
PROVISIONS.
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-
6000. Commercial Use Types and Section 3-7000 Industrial Use Types;
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Article IV Zoning Districts and Boundaries, Part 2. Rural Agricultural
Conservation (RAC) District, Part 4. Village Center (VC) District, Part 9.
Limited Commercial (LC) District, Part 10. General Commercial (GC)
District, Part 11. Limited Industrial (LI) District, Part 12. General Industrial
(GI) District, Part 13. General Industrial Conservation (GIC) District, Part
17. Planned Development Commercial Park (PD -CP) District, Part 18.
Planned Development Mixed Use (PD -MX) District, Part 19. Planned
Development Industrial Park (PD -IP) District of the Isle of Wight County
Code be amended and reenacted as follows:
• Sec. 3-6000. - Commercial use types.
Adult entertainment establishment.\ An establishment having a substantial
or significant portion of its stock in trade books, magazines and other
periodicals which are distinguished or characterized by their emphasis on
matter depicting, describing or related to 'specified sexual activities' or
"specified anatomical areas,' or an establishment with a segment or section
devoted to the sale or display of such material. This use includes any adult
bookstore, adult mini, motion -picture theater, adult picture theater, cabaret,
massage parlor, drug paraphernalia store, or tattoo parlor.
Agricultural service.\ An establishment primarily engaged in providing
services specifically to the agricultural community which is not directly
associated with a farm operation. Included in this use type would be
servicing of agricultural equipment, independent equipment operators, and
other related agricultural services.
Antique shop.\ A place offering primarily antiques for sale. An antique for the
purposes of this ordinance shall be a work of art, piece of furniture,
decorative object, or the like, of or belonging to the past, at least thirty (30)
years old.
Auction establishment.\ A structure or enclosure where goods and/or
livestock are sold by auction on a recurring basis. Expressly excluded from
this use are nonrecurring 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 longterm
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
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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, workforceA 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 washA Washing and cleaning of vehicles. Typical uses include automatic
conveyor machines and self ,service car washes.
Commercial equipment repair, accessory to dwelling.\ The repair and/or
maintenance of mechanical, electrical, or electronic devices and equipment,
such as, computers, televisions, lawnmowers, household appliances, machine
parts, and other similar devices.
Commercial indoor amusement." Establishments which provide games of
chance, skill or scoring as other than an incidental use of the premises.
Games would include pinball and video machines, pool and billiard tables
and other similar amusement or entertainment devices, whether or not they
are coin-operated, and also card games, bingo, and off-track betting. Typical
uses include game rooms, pool halls, video arcades, and bingo parlors.
Commercial indoor entertainmentA Predominantly spectator uses conducted
within an enclosed building. Typical uses include motion picture theaters,
drama theaters, concert or music halls.
Commercial indoor sports and recreationA 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.
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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 semiprofessional
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 We, 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, au conditioning, roofing, and other similar
trades.
Convenience store.\ Establishments primarily engaged in the provision of
frequently or recurrently needed goods for household consumption, such as
prepackaged food and beverages, limited household supplies and hardware.
Crematorium.\ A location used for cremation containing properly installed,
certified apparatus for this process.
Dance hall.\ Any establishment open to the general public where dancing is
permitted and a cover charge is directly or indirectly required for entry into
the establishment. However, a restaurant licensed to serve food and
beverages having a dance floor with an area not exceeding ten (10) percent of
the total floor area of the establishment shall not be considered a dance hall.
Equipment sales and rental.\ Establishments primarily engaged in the sale or
rental of tools, trucks, tractors, construction equipment, and similar
industrial equipment. Included in this use type is the incidental storage,
maintenance, and servicing of such equipment.
Flea marketA 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:l 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.l 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 courseA 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.l 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.l 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.
15
Kennel, commercial.' The boarding, breeding, raising, grooming or training of
two (2) or more dogs, cats, or other household pets of any age not owned by
the owner or occupant of the premises.
Laundry., Establishments primarily engaged in the provision of laundering,
cleaning or dyeing services other than those classified as personal services.
Typical uses include bulk laundry and cleaning plants, diaper services, or
linen supply services.
Lawn and garden servicesA 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 warehouseA 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, usedA 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.
on
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 serviceA 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.
W
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 foodA 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 drivewup or
drive-through service facility or offers curb service.
Restaurant, general." An establishment engaged in the preparation of food
and beverages. This use is characterized by table service to customers in
nondisposable containers.
Retail sales.'\ Sale or rental with incidental service of goods and merchandise
for personal or household use which is not otherwise specifically described
in the listing of commercial use types contained herein. Such uses include
bakeries, drug stores, bookstores, furniture, gifts, hardware, grocery stores,
clothing stores, and floral retail shops.
Studio, fine arts., A building, or portion thereof, used as a place of business
for visual art, which may include sculptors, artists or photographers.
Taxidermy." A building where animal skins are prepared, stuffed and
mounted for sale.
Truck stop.: An establishment containing a mixture of uses which cater to
the traveling public and in particular motor freight operators. A truck stop
might include such uses as fuel pumps, restaurants, overnight
accommodations, retail sales related to the motor freight industry, and
similar uses.
Truck terminal.; See "warehousing and distribution" listed under industrial
use types.
Veterinary hospital/cliniO 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/chnic 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, 4,48-13; 6-19-14; 7-17-14;12.18-14.)
Wholesale sales.\ Businesses engaged in the sale of goods primarily via mail
order to other businesses and/or businesses engaged in the repackaging and
resale of goods. Included in this use type are businesses that publish and
operate mail order catalogues and wholesale operations that buy in large
quantities for repackage or resale to mail order and internet sales customers.
This use shall exclude Warehousing and Distribution, which is regulated as a
separate use.
0 Sec. 3.7000. _. Industrial use types. Modified
Abattoir or livestock processing., The use of land for the slaughter of
livestock, including cattle, sheep, swine, goats and poultry, as a service, and
from which there is sold no meat or other product of such slaughter other
than materials generally considered inedible for humans and which are
generated as waste and/or by-products of such slaughter, including, but not
limited to, blood, bones, viscera, hides, etc., which may be sold for purposes
of removal from site.
Asphalt plant.\ An establishment engaged in manufacturing or mixing of
paving materials derived from asphaltic mixtures of tar.
Brewery, distillery, cidery.\ An establishment for the production and
packaging of alcoholic beverages, such as beer, liquor, cider, mead, etc., for
distribution, retail or wholesale, on -premises or off -premises, and which
meets all Virginia Alcoholic Beverage Control laws and regulations. The
facility may include other accessory uses such as retail sales, tasting rooms,
restaurants, etc., as permitted in the district and as long as the accessory uses
do not exceed the primary use in floor area or value.
Construction yardA Establishments housing facilities of businesses primarily
engaged in construction activities, including the outside storage of materials
and equipment used for the business operations. Typical uses may include
site work companies to include excavating and grading activities, roadway
construction and utility infrastructure companies, and other heavy
construction companies.
Convenience centerA A government, operated facility used for the collection
of trash, garbage, and rubbish, including receptacles for the collection and
storage of recyclable materials.
Custom manufacturing.; Establishments primarily engaged in the on-site
production of goods by hand manufacturing, within enclosed structures,
involving the use of hand tools, and the use of mechanical equipment
commonly associated with residential or commercial uses or a single kiln.
Typical uses would include pottery, cabinet or woodwork shops.
Industry, Type IA Enterprises engaged in the processing, manufacturing,
compounding, assembly, packaging, treatment or fabrication of materials and
products, from processed or previously manufactured materials. Included
would be assembly of electrical appliances, bottling and printing plants, and
the manufacturing of paint, oils, pharmaceuticals, cosmetics, solvents and
other chemicals, production of items made of stone, metal or concrete.
Industry, Type II.\ Enterprises in which goods are generally mass produced
from raw materials on a large scale through use of an assembly line or similar
process, usually for sale to wholesalers or other industrial or manufacturing
uses. Included in this use type are industries involved in processing and/or
refining raw material such as chemicals, rubber, wood or wood pulp, forging,
casting, melting, refining, extruding, rolling, drawing, and/or alloying ferrous
19
metals, and the production of large durable goods such as automobiles,
manufactured homes, or other motor vehicles.
Industry, Type III.\ An establishment which has the potential to be
dangerous or extremely obnoxious. Included are those in which explosives
are stored, petroleum is refined, natural and liquid and other petroleum
derivatives are stored and/or distributed in bulk, radioactive materials are
compounded, pesticides, fertilizers and certain acids are manufactured, and
hazardous waste is treated or stored as the establishment's principal activity.
Landfill, industrial.\ The use of land for the legal disposal of specific
industrial waste which is a by-product of a manufacturing or production
process.
Landfill, rubble.\ The use of land for the legal disposal of construction and
demolition wastes consisting of lumber, wire, sheetrock, broken brick,
shingles, glass, pipes, concrete, metals and plastic associated with
construction and wastes from land -clearing operations consisting of stumps,
wood, brush, and leaves.
Landfill, sanitary.\, The use of land for the legal disposal of municipal solid
waste derived from households, business and institutional establishments,
including garbage, trash, and rubbish, and from industrial establishments,
other than hazardous wastes as described by the Virginia Hazardous Waste
Regulations.
Meatpacking.\ The processing of meat products and by-products directly
from animals or offal from dead animals.
Recycling centerA A privately operated facility for the collection and storage
of recyclable materials designed and labeled separately for citizens to
voluntarily take source materials for recycling.
Resource extraction.\ A use involving on-site extraction of surface or
subsurface mineral products or natural resources. Typical uses are quarries,
borrow pits, sand and gravel operation, mining, and soil mining. Specifically
excluded from this use type shall be grading and removal of dirt associated
with an approved site plan or subdivision, or excavations associated with,
and for the improvement of, a bona fide agricultural use.
Scrap and salvage service.\ Any lot or place engaged in the storage, sale,
dismantling or other processing or uses of waste materials which are not
intended for reuse in their original forms. Typical uses include paper and
metal salvage yards, automotive wrecking yards, junkyards, used tire storage
yards, or retail and/or wholesale sales of used automobile parts and supplies.
(See also the definitions of automobile wrecking yard and junkyard in
section 2-1002.)
Shipping container.\ Primarily a metal container used to pack, ship and store
goods. On land they are kept in shipping or storage yards.
20
Transfer station.\ Any storage or collection facility which is operated as a
relay point for municipal solid waste which ultimately is transferred to a
landfill.
Warehousing and distribution.\ Uses including storage, warehousing and
dispatching of goods within enclosed structures, or outdoors. Typical uses
include storage warehouses, truck terminals and moving/storage firms. (7-7-
05;12--18-06; Ord. No. 2012-10-C,10-18-12; 649-14; 9-18-14.)
• Part 2... Rural Agricultural Conservation (RAC) District.
• Sec. 4-2001. - General description. Modified
This district is intended to preserve and protect areas of Isle of Wight
County that are presently, predominantly in agricultural use and
maintain the land base necessary to support agricultural activity. This
district is designed to protect the agricultural industry from sprawling
residential development that displaces substantial areas of agricultural
land for a small number of dwelling units. Nonfarm residents should
recognize that they are located in a rural agricultural environment
where the right to farm has been established as county policy. (7-7,05;
11-15--07; 9.,17.15.)
• Sec. 4-2002. Permitted uses. Modified
The following uses are permitted by right subject to all other
applicable requirements contained in this ordinance. An asterisk (*)
indicates additional, modified or more stringent standards which are
listed in section 5-5000, supplementary use regulations, for those
specific uses.
A
Agricultural uses:
Agricultural crop service towers and antennas
Agricultural, farm or ranch (See Part 2A, Agritourism)
Agricultural farm product processing, warehousing and distribution service
Agricultural farm stay (See Part 2A, Agritourism)
Agricultural service/agent
Agricultural museum (See Part 2A, Agritourism)
Agricultural service operation (See Part 2A, Agritourism)
Agriculture
Agritourism (See Part 2A, Agritourism)
Aquaculture (See Part A, Agritourism)
Cider Mill (See Part 2A, Agritourism)
* Commercial feedlot
Dairy (See Part 2A, Agritourism)
Fair, agricultural
* Farm brewery (See Part 2A, Agritourism)
Farm winery (See Part 2A, Agritourism)
Farm, temporary event in agricultural structure (See Part 2A, Agritourism)
Farmer's market
* Forestry operation, silvicultural and/or timbering
* Greenhouse, commercial and/or nursery
Greenhouse, private
21
Lawn and garden services
* Livestock auction market
* Sawmill
* Stable, commercial
• In conjunction with residence
• Not in conjunction with a residence
* Stable, private
* Wayside stand
B.
Residential uses:
* Accessory apartment
* Boathouse
• Residential accessory apartment
Dwelling, single-family
Dwelling, single --family, farm
* Family day care home
Group home
* Guest house
* Home occupation, Type I
* Home occupation, Type II
* Kennel, private
* Manufactured home, Class A
* Manufactured home, Class B
* Manufactured home, family member residence
* Manufactured home, temporary residence
* Temporary emergency housing
C.
Civic uses:
* Cemetery
• Private park and ride facility
Post office
Public safety service
* Utility service/minor
D.
Commercial uses:
* Construction office, temporary
* Taxidermy
Veterinary hospital/clinic
E.
Miscellaneous uses:
* Amateur radio tower
Hunt club
* Turkey shoot
(7-7-05;11-15-07; Ord. No. 2011-11-C, 7-7-11; 7-17-14; 9-17-15.)
• Sec. 4-2003. - Conditional uses. Modified
The following uses are allowed only by conditional use permit
pursuant to section 1-1017, conditional uses. An asterisk (*) indicating
additional, modified or more stringent standards which are listed in
A. section 5-5000, supplementary use regulations, for those specific uses,.
22
Agricultural uses:
Agricultural farm equipment sales and service
Agricultural feed seed and farm supply service
Aquaculture waterfront business
* Farm employee housing
* Reptile breeding
B.
Residential uses:
* Dwelling, two-family
* Dwelling, multifamily conversion
C.
Civic uses:
* Administrative service
* Adult care center
Assisted living facility
* Cemetery
• Animal
• Church
• Public
* Child care institution
* Child care center
Club
* Community center
Correctional facility
Crisis center
Cultural service
Educational facility, college/university
* Educational facility, primary/secondary
Halfway house
*Nursing home
Public assembly
* Public maintenance and service facility
* Public park and recreational area
* Religious assembly
* Transit station
* Utility service/major
D.
Office uses:
Medical office
E.
Commercial uses:
* Agricultural .service
• Commercial assembly and repair
• Farm and forestry implement storage, sales, and service
Auction establishment
* Antique shop
* Bed and breakfast
Business or trade school
* Campground
* Campground, workforce
23
• Commercial equipment repair, accessory to dwelling
* Commercial indoor sports and recreation
• Commercial outdoor entertainment/sports and recreation
* Commercial outdoor swimming pool and tennis facility
* Contractor office and storage facility
* Crematorium
Equipment sales and rental
* Garden center
General store, country
• Golf course
• Golf driving range
• Kennel, commercial
Lawn and garden services
* Marina
Wholesale sales
F.
Industrial uses:
* Abattoir or livestock processing
* Construction yard
Convenience center
Custom manufacturing
Industry, Type I
* Landfill, industrial
* Landfill, rubble
• Landfill, sanitary
• Recycling center
• Resource extraction
• Scrap and salvage service
Transfer station
Warehousing and distribution
G.
Miscellaneous uses:
• Aviation facility, commercial
• Aviation facility, general
* Aviation facility, private
* Communication tower
Composting system, confined vegetative waste or yard
* Reconstructed wetland
* Shooting range, outdoor
(7.7-05; 11.15-07; Ord. No. 2012.10-C, 10-18-12; Ord. No. 2013.1--C, 4-18-13; 7-
17-14; 9-17-15.)
A.
• Part 4. - Village Center (VC) District.
• Sec. 4-4001. - General description.
The intent of this district is to provide for low to medium density
residential development in those areas of the county which are
identified as "village centers'in the Isle of Wight County
Comprehensive Plan where the pattern of development has previously
been established. These areas may not currently have public water and
rz
sewer and other public facilities available or planned for in the
immediate future.
The Village Center District has been established herein to assist in the
fulfillment of the housing, public services and land use provisions of
the comprehensive plan. It is the intent of this district, consistent with
the plan, to provide for and preserve the character of these existing
unincorporated population centers in the county, and to promote the
configuration of new development into reasonable and effective service
areas for the proper and efficient provision of water, sewerage, fire and
police protection, and other public services.
C.
In general, it is intended that the VC District shall be used to preserve
the character of these existing unincorporated rural population centers
which have basically a single-family residential character but which
also contain certain types of commercial or light industrial activities to
serve primarily a local rural population. In addition, however, it is the
intent that such zones may be used for lands where the creation of a
new population center or centers would be appropriate and where
such new center or centers would be consistent with the provisions of
the comprehensive plan.
D.
The Village Centers identified in the comprehensive plan are as follows:
Battery Park
Carrsville
Central Hill
Isle of Wight Courthouse
Orbit
Rescue
Rushmere
Walters
Wills Corner
Zuni
(7-7-05.)
• Sec. 4-4002. - Permitted uses.
The following uses are permitted by right subject to all other
applicable requirements contained in this ordinance. An asterisk (*)
indicates additional, modified or more stringent standards which are
listed in section 5-5000, use and design standards, for those specific
uses.
A.
Agricultural uses:
Agriculture
0 Agricultural farming operation
Farmer's market
* Forestry operation
• Forestry, silvicultural
Greenhouse, private
* Wayside stand
B.
25
Residential uses:
Dwelling, single,family
* Family day care home
Group home
* Home occupation, Type I
* Home occupation, Type II
* Temporary emergency housing
C.
Civic uses:
Administrative service
* Community center
Post office
* Utility service/minor
D.
Commercial uses:
* Construction office, temporary
Real estate office, temporary
Wholesale sales
E.
Miscellaneous uses:
* Amateur radio tower
(7..7..05.)
• Sec. 4-4003. Conditional uses.
The following uses are allowed only by conditional use permit
pursuant to section 1-1017. An asterisk (*) indicates additional,
modified or more stringent standards which are listed in section 5--
5000, supplementary use regulations, for those specific uses.
A.
Agricultural uses:
* Agriculture
• Grain dryer and related structures
• Fertilizer storage
• Assembly and repair of farm equipment
• Livestock operation
• Agricultural service towers and antennas
Aquaculture
* Commercial feedlot
* Farm employee housing
* Forestry operation
• Timbering
* Livestock auction market
* Stable, commercial
• In conjunction with residence
• Not in conjunction with residence
* Stable, private
B.
Residential uses:
* Accessory apartment
• Residential accessory apartment
• Commercial accessory apartment
M
* Dwelling, multifamily conversion
* Dwelling, two-family
* Manufactured home, Class A
C.
Civic uses:
* Adult care center
Assisted living facility
* Cemetery
• Animal
• Church
• Private
• Public
* Child care center
Club
Cultural service
* Educational facility, primary/secondary
Halfway house
Park and ride facility
* Public maintenance and service facility
Public park and recreational area
Public safety service
* Religious assembly
* Utility service/major
D.
Office uses:
Financial institution
General office
Medical office
E.
Commercial uses:
Agricultural service
• Farm supplies, equipment sales and service
• Commercial assembly and repair of all equipment normally used in
agricultural, silvicultural, and horticultural operation
• Farm and forestry implement storage, sales and service
* Antique shop
Auction establishment
* Bed and breakfast
Boarding house
Car wash
Commercial indoor amusement
Commercial indoor entertainment
* Commercial indoor sports and recreation
* Commercial outdoor swimming pool and tennis court
* Convenience store
* Flea market
* Funeral home
* Garden center
* Gasoline station
* Golf course
27
* Golf driving range
* Marina
Medical clinic
Motor vehicle parts/supply retail
Motor vehicle repair service/major
Motor vehicle repair service/minor
Personal improvement service
Personal service
Restaurant, drive-in fast food
Restaurant, general
Retail sales
Studio, fine arts
Taxidermy
Veterinary hospital/clinic
F.
Industrial uses:
* Construction yard
Convenience center
Custom manufacturing
G.
Miscellaneous uses:
* Communication tower
Hunt club
* Reconstructed wetland
(Ord. No. 2011 II -C, T-7-11; Ord. No. 2013-1-C, 4.18-13.)
• Part 9., Limited Commercial (LC) District.
• Sec. 4-9001. - General description.
This district is primarily intended to provide for low intensity
commercial use including those types of commercial services which
may satisfy those basic needs which occur daily or frequently and so
require commercial facilities in close proximity to residences or which
may generally be compatible with a rural or residential area. (7-7-05.)
• Sec. 4-9002. -- Permitted uses.
The following uses are permitted by right subject to all other
applicable requirements contained in this ordinance. An asterisk (*)
indicates additional, modified or more stringent standards which are
listed in section 5-5000, supplementary use regulations, for those
specific uses.
A.
Agricultural uses:
Farmer's market
* Forestry operation
• Forestry, silvicultural
B.
Residential uses:
* Accessory apartment
• Commercial accessory apartment
C.
Civic uses:
28
Administrative service
* Cemetery • Church
* Community center
Crisis center
* Education facility, primary/secondary
Halfway house
Life care facility
* Nursing home
Park and ride facility
Post office
Public park and recreational area
Public safety service
* Religious assembly
Rehabilitation service
* Utility service/'minor
D.
Office uses:
Financial institution
General office
Medical office
E.
Commercial uses:
* Antique shop
* Bed and breakfast
Boarding house
Business support service
* Commercial indoor sports and recreation
* Construction office, temporary
* Funeral home
Lawn and garden services
* Motor vehicle parts/supply, retail
Personal improvement service
Personal service
Real estate office, temporary
Veterinary hospital/clinic
Wholesale sales
F.
Miscellaneous uses:
* Amateur radio tower
(7..7..05.)
• Sec. 4-9003. - Conditional uses.
The following uses are allowed only by conditional use permit
pursuant to section 1-1017. An asterisk (*) indicates additional,
modified or more stringent standards which are listed in section 5-
5000, supplementary u se regulations, for those specific uses.
A.
Agricultural uses:
* Forestry operation
• Timbering
B.
29
Residential uses:
Group home
* Multifamily dwelling
C.
Civic uses:
* Adult care center
*Cemetery
• Public
* Child care center
Club
Cultural service
Public assembly
* Utility service/major
D.
Office uses:
Laboratory
E.
Commercial uses:
Business or trade school
Car wash
Commercial indoor amusement
Commercial indoor entertainment
* Commercial outdoor swimming pool and tennis facility
* Contractor office and storage facility
* Convenience store
* Crematorium
* Garden center
* Gasoline station
* Golf course
Hospital
Hospital, special care
Hotels/motels/motor lodge/inn
*Kennel, commercial
*Marina
Medical clinic
* Micro -brewery, distillery, cidery
*Motor vehicle repair service/minor
* Restaurant, drive-in fast food
Restaurant general
Retail sales
Studio, fine arts
F.
Industrial uses:
* Construction yard
Custom manufacturing
* Landfill, rubble
G.
Miscellaneous uses:
* Communication tower
Parking facility, surface/structure
30
* Reconstructed wetland
(7-7-05; Ord. No. 2012-10-C,10-18-12; Ord. No. 2013-2-C, 4-18-13; 9-18-14.)
• Part 10. - General Commercial (GC) District.
• Sec. 4-10001. - General description.
This district is intended to provide the full range of commercial
activities and establishments which are not primarily related to
residential developments and which require accessibility from higher
order roadways than the LC District.
This district is also intended to accommodate high auto -oriented uses
such as auto sales and service, convenience stores, motor vehicle fuel
stations as well as planned shopping centers. Performance standards
are included to ensure that access points are controlled, landscape
surface ratios are adequate and street buffering complement the
standards set in the Highway Corridor Overlay District (HCO). (TT
05.)
• Sec. 4-10002. - Permitted uses.
The following uses are permitted by right subject to all other
applicable requirements contained in this ordinance. An asterisk (*)
indicates additional, modified or more stringent standards which are
listed in section 5-5000, supplementary use regulations, for those
specific uses.
A.
Agricultural uses:
Agriculture
• Assembly and repair of farm equipment
Farmer's market
* Forestry operation
• Forestry, silvicultural
B.
Residential uses:
* Accessory apartment
• Commercial accessory apartment
C.
Civic uses:
Administrative service
Adult care center
* Child care center
* Child care institution
Club
* Community center
Crisis center
Cultural service
Life care facility
* Nursing home
Park and ride facility
Post office
Public assembly
* Public park and recreational area
Public safety service
31
Rehabilitation service
* Utility service/minor
D.
Office uses:
Financial institution
General office
Medical office
E.
Commercial uses:
Agricultural service
• Farm supplies, equipment sales and service
• Commercial assembly and repair of all equipment normally used in
agricultural, silvicultural, and horticultural operation
• Farm and forestry implement storage, sales and service
* Antique shop
Auction establishment
* Bed and breakfast
Business support service
Business or trade school
Commercial indoor amusement
Commercial indoor entertainment
* Commercial indoor sports and recreation
* Construction office, temporary
Construction sales and service
* Contractor office and storage facility
* Funeral home
* Garden center
* Golf course
Hospital
Hotel/motel/motor lodge/inn
Lawn and garden services
* Marina
Medical clinic
* Micro -brewery, distillery, cidery
* Motor vehicle dealership/new
* Motor vehicle parts/supply and retail
* Motor vehicle/ rental
* Motor vehicle repair service/ minor
Pawn shop
Personal improvement service
Personal service
* Restaurant, drive-in fast food
Restaurant, general
Retail sales
Studio, fine arts
Taxidermy
Veterinary hospital/clinic
Wholesale sales
F.
Industrial uses:
32
* Construction yard
Custom manufacturing
G.
Miscellaneous uses:
* Amateur radio tower
(7-7-05; Ord. No. 2012-10-C,10-18-12; Ord. No. 2013-2-C, 4-18-13; 9-18-14)
• Sec. 4-10003. - Conditional uses.
The following uses are allowed only by conditional use permit
pursuant to section 1-1017. An asterisk (*) indicates additional,
modified or more stringent standards which are listed in section 5-
5000, use and design standards, for those specific uses.
A.
Agricultural uses:
* Forestry operation
• Timbering operation
* Livestock auction market
* Stable, commercial
• Not in conjunction with residence
B.
Civic uses:
Assisted living facility
* Cemetery
• Church
Educational facility, college/university
* Public maintenance and service facility
* Religious assembly
* Utility service/major
C.
Office uses:
Laboratory
D.
Commercial uses:
Car wash
* Commercial outdoor entertainment/sports and recreation
* Commercial outdoor swimming pool and tennis facility
* Convenience store
* Crematorium
Dance hall
Equipment sales and rental
* Flea market
* Gasoline station
* Golf driving range
Hospital, special care
* Kennel, commercial
Laundry
Manufactured home sales
* Mini -warehouse
* Motor vehicle dealership/used
Motor vehicle/outdoor storage
* Motor vehicle repair service/major
33
Recreational vehicle sales and service
Truck stop
E.
Industrial uses:
Convenience center
* Landfill, rubble
* Recycling center
F.
Miscellaneous uses:
* Communication tower
Parking facility, surface/structure
* Reconstructed wetland
(7.7-05; Ord. No. 2013-2-C, 4-1513.)
• Part 11... Limited Industrial (LI) District.
• Sec. 411001. General descriptions.
This district is intended to provide an environment suitable for
industrial activities that do not create appreciable nuisances, hazards
or threats to the natural environment or surrounding development.
This district is intended to provide for a variety of industrial operations
which are capable of meeting modern performance and environmental
standards appropriate to a business/industrial park setting and
location. (7-7-05.)
• Sec. 4--11002. Permitted uses.
The following uses are permitted by right subject to all other
applicable requirements contained in this ordinance. An asterisk (*)
indicates additional, modified or more stringent standards which are
listed in section 5-5000, supplementary use regulations, for those
specific uses.
A.
Agricultural uses:
Agriculture
• Assembly and repair of farm equipment
* Forestry operation
• Forestry, silvicultural
B.
Civic uses:
* Adult care center
* Child care center
Park and ride facility
* Public maintenance and service facility
Public safety service
* Utility service/minor
C.
Office uses:
General office
Laboratory
D.
Commercial uses:
Agricultural service
34
• Commercial assembly and repair of all equipment normally used in
agricultural, silvicultural, and horticultural operation
Business or trade school
Car wash
* Commercial indoor sports and recreation
* Construction office, temporary
* Contractor office and storage facility
Equipment sales and rental
* Garden center
Laundry
Lawn and garden services
* Micro -brewery, distillery, cidery
* Miniwarehouse
Motor vehicle/outdoor storage
* Motor vehicle/rental
* Motor vehicle repair service/major
Retail sales
Truck stop
Wholesale sales
E.
Industrial uses:
Brewery, distillery, cidery
* Construction yard
Convenience center
Custom manufacturing
Industry, Type I
* Recycling center/transfer station
Warehousing and distribution
F.
Miscellaneous uses:
* Amateur radio tower
(7-7-5; Ord. No. 2012-10-C,10-18-12; 3-20-14; 9-18-14.)
• Sec. 4-11003. - Conditional uses.
The following uses are allowed only by conditional use permit pursuant to
section 1-1017. An asterisk (*) indicates additional, modified or more
stringent standards which are listed in section 5µ5000, supplementary
use regulations, for those specific uses.
A.
Agricultural uses:
Agriculture
* Agricultural farming operation
* Forestry operation
* Timbering
* Sawmill
B.
Civic uses:
* Utility service/major
C.
Commercial uses:
Agricultural service
35
* Farm supplies, equipment sales and service
Business support service
* Hotel/motel/motor lodge/inn
Personal improvement service
Personal service
* Restaurant, drive ,in fast food
Restaurant, general
D.
Industrial uses:
Industry, Type II
* Landfill, rubble
* Towing service storage yard
E.
Miscellaneous uses:
* Communication tower
Parking facility, surface/structure
* Reconstructed wetland
(7-7-05; Ord. No. 2012-10� C, 10,18-12; Ord. No. 2013-2-C, 4-18,13, 6-19.14.)
• Part 12. - General Industrial (GI) District.
• Sec. 4-12001.- General description.
The General Industrial District is reserved to accommodate those
industrial activities which may produce moderate nuisances or hazards
in areas that are relatively remote from residential and business
development. The performance standards established for this district
are not intended to be as strict as for the LI District. (7-7-05; 8-21-06.)
• Sec. 4-12002. , Permitted uses.
The following uses are permitted by right subject to all other
applicable requirements contained in this ordinance. An asterisk (*)
indicates additional, modified or more stringent standards which are
listed in section 5-5000, supplementary use regulations, for those
specific uses.
A.
Agricultural uses:
Agriculture
• Fertilizer storage
• Assembly and repair of storage equipment
* Forestry operation
• Forestry, silvicultural
B.
Civic uses:
* Adult care center
* Child care center
Park and ride facility
* Public maintenance and service facility
Public safety service
* Utility service/minor
C.
Office uses:
Laboratory
36
D.
Commercial uses:
* Adult entertainment establishment
Agricultural service
• Commercial assembly and repair of all equipment normally used in
agricultural, silvicultural, and horticultural operation
* Construction office, temporary
* Contractor office and storage facility
Equipment sales and rental
Laundry
Lawn and garden services
* Micro,brewery, distillery, cidery
* Miniwarehouse
Motor vehicle/outdoor storage
* Motor vehicle repair service/major
Wholesale sales
E.
Industrial uses:
Brewery, distillery, cidery
* Construction yard
Convenience center
Custom manufacturing
Industry, Type I
Industry, Type II
Meatpacking
* Recycling center
* Shipping container
Transfer station
Warehousing and distribution
F.
Miscellaneous uses:
* Amateur radio tower
(7-7-05; 8-21-06; Ord. No. 2012-10-C,10-18-12; 9-18-14.)
• Sec. 4-12003. - Conditional uses.
The following uses are allowed only by conditional permit pursuant to
section 1,1017. An asterisk (*) indicates additional, modified or more
stringent standards which are listed in section 5£5000, supplementary
use regulations, for those specific uses.
A.
Agricultural uses:
Agriculture
* Agricultural farming operation
* Forestry operation
* Timbering
* Sawmill
B.
Civic uses:
* Utility service/major
C.
Commercial uses:
37
Agricultural service
* Farm supplies, equipment sales and service
D.
Industrial uses:
* Abattoir or livestock processing
* Asphalt plant
Industry, Type III
* Landfill, industrial
* Landfill, rubble
* Resource extraction
* Scrap and salvage service
* Towing service storage yard
E.
Miscellaneous uses:
* Aviation facility, general
* Communication tower
Parking facility, surface/structure
* Reconstructed wetland
(7 7-05; 8-21.06, 6-19.14.)
• Part 13. - General Industrial Conservation (GIC) District.
• Sec. 4-l3001..µ General description.
The General Industrial Conservation District is intended to protect
and promote heavy industrial operations in existence or under
construction at the time of adoption of this ordinance and to prevent
such operations from becoming nonconforming under the terms of this
ordinance. The GIC District is further intended to permit the efficient
development and redevelopment of land for uses related to such
existing heavy industrial operations. (7-7-05.)
• Sec. 4-13002. - Permitted uses.
The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk (*) indicates
additional, modified or more stringent standards which are listed in
section 5-5000, supplementary use regulations, for those specific uses.
A.
Agricultural uses:
* Forestry operation
• Silvicultural, forestry
• Timbering
* Sawmill
B.
Civic uses:
* Adult care center
* Child care center
Park and ride facility
Public safety service
* Utility facility/minor
C.
Office uses:
General office
38
D.
Commercial uses:
* Construction office, temporary
* Contractor office and storage facility
* Micro -brewery, distillery, cidery
* Miniwarehouse
Motor vehicle/outdoor storage
Wholesale sales
E.
Industrial uses:
* Abattoir or livestock processing
Brewery, distillery, cidery
Industry, Type I
Industry, Type II
Meatpacking
Warehousing and distribution
F.
Miscellaneous uses:
* Amateur radio tower
(7-7-05; Ord. No. 2012-10-C,10-18-12; 9-18-14.)
• Sec. 4-13003. - Conditional uses.
The following uses are allowed only by conditional use permit
pursuant to section 1, 1017. An asterisk (*) indicates additional,
modified or more stringent standards which are listed in section 5-
5000, supplementary use regulations, for those specific uses.
A.
Civic uses:
* Utility service/major
B.
Industrial uses:
Industry, Type III
* Landfill, industrial
* Resource extraction
C.
Miscellaneous uses:
* Communication tower
Parking facility, surface/structure
* Reconstructed wetland
(7.7..05.)
Part 17. - Planned Development Commercial Park (PD -CP) District.
Sec. 4.17001. - General description.
This district is created to permit the development of commercial uses
and regional commercial centers in scale with surrounding market
areas at locations recommended in the comprehensive plan and in
accordance with the standards set forth therein (see applicable
sections concerning activity centers and development service
district(s) of the comprehensive plan). These centers shall serve areas
not already conveniently and adequately provided with commercial
service facilities of the kind proposed. It is intended to permit the
39
establishment of such districts only where planned centers with
carefully organized buildings, service areas, parking areas, and
landscaped open space will clearly serve demonstrated public needs,
reduce marginal traffic friction below that which would result from
strip commercial development along highways, and protect property
values in surrounding neighborhoods. It is further intended that
planned development commercial parks shall provide a broad range of
facilities and services appropriate to the general need of the area
served. (7-7-05.)
• Sec. 4-17002. - Permitted uses.
The following uses are permitted by right subject to all other
applicable requirements contained in this ordinance. An asterisk (*)
indicates additional, modified or more stringent standards which are
listed in section 5-5000, supplementary use regulations, for those
specific uses.
A.
Agricultural uses:
* Forestry operation
• Forestry silvicultural
B.
Civic uses:
* Adult care center
* Child care center
* Community center
Park and ride facility
Post office
Public assembly
* Public maintenance and service facility
Public safety service
* Utility service/minor
C.
Office uses:
Financial institution
General office
Medical office
D.
Commercial uses:
Agricultural service
• Farm supplies, equipment sales and service
* Antique shop
Business support service
Commercial indoor entertainment
* Commercial indoor sports and recreation
* Construction office, temporary
* Contractor office and storage facility
* Funeral home
* Gasoline station
* Golf course
Hotel/motel/motor lodge,
/inn
* Marina
40
* Micro -brewery, distillery, cidery
* Mini -warehouse
* Motor vehicle dealership/new
* Motor vehicle parts/supply, retail
* Motor vehicle/rental
Personal improvement service
Personal service
* Restaurant, drive-in fast food
Restaurant, general
Retail sales
Studio, fine arts
Veterinary hospital/clinic
Wholesale sales
E.
Miscellaneous uses:
* Amateur radio tower
(7-7-05; Ord. No. 2012-10-C,10-18-12; Ord. No. 2013-2-C, 4.18.,-13; 9-18-14.)
• Sec. 4-17003. - Conditional uses.
The following uses are allowed only by conditional use permit
pursuant to section 1-1017. An asterisk (*) indicates additional,
modified or more stringent standards which are listed in section 5-
5000, supplementary use regulations, for those specific uses.
A.
Agricultural uses:
* Forestry operation
• Timbering
B.
Residential uses:
* Accessory apartment
• Commercial accessory apartment
C.
Civic uses:
Club
Educational facility, college/university
* Utility service/major
D.
Office uses:
Laboratory
E.
Commercial uses:
Business or trade school
Car wash
Commercial indoor amusement
* Commercial outdoor entertainment/sports and recreation
* Commercial outdoor swimming pool and tennis facility
Construction sales and service
* Convenience store
Hospital
Hospital, special care
* Kennel, commercial
41
Medical clinic
* Motor vehicle dealership/used
Motor vehicle/outdoor storage
* Motor vehicle repair service/major
* Motor vehicle repair service/minor
Recreational vehicles, sales and service
F.
Industrial uses:
Custom manufacturing
Industry, Type I
G.
Miscellaneous uses:
* Aviation facility, general
* Communication tower
Parking facility, surface/structure
* Reconstructed wetland
(7,7-05; Ord. No. 2013•-2-C, 4-18-13.)
Part 18. , Planned Development Mixed Use (PD -MX) District.
Sec. 4-18001. - General description.
It is the intent of this district to allow a more flexible approach to the
development of large tracts of land in terms of land use, density, and
design. Integration of land uses is encouraged to help reduce the need
for vehicular travel by integrating housing into the overall design of
commercial or 'mixed used' centers. These centers are intended to mix
a variety of housing types with large-scale employment, or shopping
centers, restaurants, civic and office uses. Homes are blended into a
built working environment to form a workplace that will not only
reduce vehicle miles of travel, but also present opportunities for
workers to walk or bike to work. Flexibility in zoning will be provided
to permit such large scale, mixed-use development through floating
zones. To minimize noontime travel, the types of uses that are
permitted in a mixed-use project may include retail, medical, and other
consumer related or "personal" services. Areas within or adjacent to
'mixed use centers' identified in the comprehensive plan may be
appropriate for future expansions of this district.
A planned development mixed use development shall be designed to be
compatible with surrounding, adjacent, and nearby properties, both
developed and undeveloped. Therefore, consideration shall be given
during the design process of such planned developments to location,
orientation, spacing and setback of buildings, maintenance of
landscaping, access points, size and location of signage, common open
spaces, vehicular parking and movement areas, preservation of existing
vegetation, overall landscaping, grading and stormwater management.
According to the county's comprehensive plan, the intent of the PD
MX district is to accommodate a diversity of uses at existing or future
major road intersections, where public sewer and water are proposed
with a capacity for more intensive development. This zoning district is
42
also the most appropriate district to govern the future development of
the county's urban development areas (UDA) as designated on the
future land use plans. The UDA boundaries shall be determined by the
boundaries depicted on the development service district (DSD) land
use plan maps as shown in the comprehensive plan, as may be
amended by the board of supervisors.
In keeping with the Code of Virginia, development within designated
UDAs should be based on the principles and features of traditional
neighborhood design (TND). These features may include, but are not
limited to: (i) pedestrian friendly road design, (ii) interconnection of
new local streets with existing local streets and roads, (iii)
connectivity of road and pedestrian networks, (iv) preservation of
natural areas, (v) mixed use neighborhoods, including mixed housing
types, with affordable housing to meet the projected family income
distributions of future residential growth, (vi) reduction of front and
side yard setbacks, and (vii) reduction of street widths and turning
radii at subdivision intersections. In addition to the requirements for
PD -MX districts including in this article, all UDA development must
meet the minimum development standards for traditional
neighborhood design found in Article V of the Isle of Wight County
subdivision ordinance. (7-7-05; Ord. No. 2011.13-C, 8-4-11.)
• Sec. 4-18002. - Permitted uses.
The following uses are permitted by right subject to all other
applicable requirements contained in this ordinance. An asterisk (*)
indicates additional, modified or more stringent standards which are
listed in section 55000, supplementary use regulations, for those
specific uses.
A.
Agricultural uses:
* Forestry operation
• Forestry, silvicultural
B.
Residential uses:
* Accessory apartment
• Commercial accessory apartment
* Community recreation
* Condominium
Dwelling, single family
* Family day care home
* Home occupation, Type I
* Multifamily dwelling
* Temporary emergency housing
* Townhouse
C.
Civic uses:
* Cemetery
• Private
* Community center
Cultural service
43
* Educational facility, primary/secondary
* Public park and recreational area
Public safety service
* Utility service/minor
D.
Office uses:
Financial institution
General office
E.
Commercial uses:
* Antique shop
* Bed and breakfast
Business support service
* Construction office, temporary
* Golf course
* Micro -brewery, distillery, cidery
* Motor vehicle parts/supply, retail
Personal improvement service
Personal service
Real estate office, temporary
* Restaurant, drive-in fast food
Restaurant, general
Retail sales
Studio, fine arts
Veterinary hospital /clinic
F.
Miscellaneous uses-
* Amateur radio tower
(7-7-05; Ord. No. 2011-13-C, 8-4-11; Ord. No. 2013-2-C, 4-18-13; 9-18-14.)
• Sec. 4-18003. - Conditional uses.
The following uses are allowed only by conditional use permit
pursuant to section 1,1017. An asterisk (*) indicates additional,
modified or more stringent standards which are listed in section 5-
5000, supplementary use regulations, for those specific uses.
A.
Agricultural uses:
* Agriculture
• Assembly and repair of farm equipment
Farmer's market
* Forestry operation
• Timbering
Greenhouse, private
* Stable, commercial
• In conjunction with residence
• Not in conjunction with residence
* Stable, private
B.
Residential uses:
* Accessory apartment
• Residential accessory apartment
44
* Dwelling, multifamily conversion
* Dwelling, two-family
Group home
C.
Civic uses:
* Adult care center
Assisted living facility
* Cemetery
• Church
• Public
* Child care center
Club
Educational facility, college/university
Halfway house
Life care facility
* Nursing home
Park and ride facility
Post office
Public assembly
* Religious assembly
* Utility service/major
D.
Office uses:
Medical office
E.
Commercial uses:
Agricultural service
• Farm supplies, equipment sales and service
• Commercial assembly and repair of all equipment normally used in
agricultural, silvicultural, and horticultural operation
Boarding house
Business or trade school
Commercial indoor amusement
Commercial indoor entertainment
* Commercial indoor sports and recreation
* Commercial outdoor entertainment/sports and recreation
* Commercial outdoor swimming pool and tennis facility
* Convenience store
* Funeral home
* Garden center
* Gasoline station
* Golf driving range
Hospital
Hospital, special care
Hotel/motel/motor lodge/inn
* Kennel, commercial
* Marina
Medical clinic
* Mini --warehouse
Motor vehicle/outdoor storage
45
* Motor vehicle repair service/minor
Wholesale sales
F.
Industrial uses:
* Construction yard
Custom manufacturing
G.
Miscellaneous uses:
* Aviation facility, general
* Aviation facility, private
* Communication tower
Parking facility, surface/structure
* Reconstructed wetland
(7-7-05; Ord. No. 2011-13-C, 8-4-11; Ord. No. 2013-2-C, 4-18-13.)
• Part 19. - Planned Development Industrial Park (PD -IP) District.
• Sec. 4-19001. - General description.
It is the intent of this district to provide for planned development of
business parks or employment centers in campus like settings. PD --IP
Districts are further intended to provide for areas devoted to industrial
uses that present an attractive appearance and complement
surrounding land use character by means of appropriate siting of
buildings and service areas and landscape treatment. It is intended that
PD ,IP Districts be located in areas having all of the following: water
and sewer facilities that meet applicable standards and are acceptable
to the board of supervisors, one (1) or more major highways, and clearly
demonstrated suitability for intended uses in the context of the
proposed site's physical characteristics and relationship to
surrounding development. (7-7-05.)
• Sec. 4.19002. Permitted uses.
The following uses are permitted by right subject to all other
applicable requirements contained in this ordinance. An asterisk (*)
indicates additional, modified or more stringent standards which are
listed in section 5.5000, supplementary use regulations, for those
specific uses.
A.
Agricultural uses:
* Agriculture
• Fertilizer storage
• Assembly and repair of farm equipment
* Forestry operation
• Forestry, silvicultural
B.
Civic uses:
Park and ride facility
* Public maintenance and service facility
Public safety service
* Utility service/major
* Utility service/'minor
C.
46
Office uses:
Laboratory
D.
Commercial uses:
Agricultural service
• Farm supplies, equipment sales and service
• Commercial assembly and repair of all equipment normally used in
agricultural, silvicultural, and horticultural operation
Business support service
* Construction office, temporary
* Contractor office and storage facility
* Convenience store
Equipment sales and rental
* Gasoline station
Laundry
Lawn and garden services
* Marina
* Micro -brewery, distillery, cidery
* Mini -warehouse
* Motor vehicle parts/supply, retail
* Motor vehicle/rental
* Motor vehicle repair service/major
* Motor vehicle repair service/minor
Personal improvement service
Personal service
* Restaurant, drive-in fast food
Restaurant, general
Wholesale sales
E.
Industrial uses:
Brewery, distillery, cidery
* Construction yard
Custom manufacturing
Industry, Type I
Industry, Type Il
Meatpacking
Transfer station
Warehousing and distribution
F.
Miscellaneous uses:
* Amateur radio tower
Parking facility, surface/structure
(7-7-05, 8-21-06; Ord. No. 2012.10-C, 10-18-12; Ord. No. 2013-2-C, 4-18-13; 9-
18 w 14.)
Sec. 4-19003. •- Conditional uses.
The following uses are allowed only by conditional use permit
pursuant to section 1-1017. An asterisk (*) indicates additional,
modified or more stringent standards which are listed in section 5,
5000, supplementary use regulations, for those specific uses.
A.
47
Agricultural uses:
Aquaculture
* Forestry operation
• Timbering
* Sawmill
B.
Civic uses:
• Adult care center
* Child care center
Club
C.
Office uses:
General office
D.
Commercial uses:
Business or trade school
* Crematorium
Hotel/motel/motor vehicle lodge
Motor vehicle/outdoor storage
E.
Industrial uses:
Abattoir or livestock processing
Industry, Type III
• Landfill, rubble
• Resource extraction
F.
Miscellaneous uses:
• Aviation facility, general
• Aviation facility, private
• Communication tower
• Reconstructed wetland
(7-7-05; 8-21-06.)
The motion passed unanimously by a vote of (5-0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Amendment to Conditional Zoning on .46 Acres of Land Located at 27891
Walters Highway in the Carrsville Election District to Expand the List of
Permitted Uses on the Proper
Mr. Rudnicki represented the proposed amendment.
The public hearing was opened by Chairman Alphin who requested citizens
to speak in favor of or in opposition to the proposed amendment.
Jesse Erwin of 5198 Duck Town Road recognized that a once unsightly
property has now been cleaned up and he requested that the uses be limited
to just the items listed and not include any other businesses that would
damage the quality of life as it exists today.
48
Diana Beale, the applicant, advised the purpose of the amendment is for the
repackaging of raw peanuts into three and five pound bags. She stated the
intent is to bring the Walters community that it once was and that the other
uses were added so that she did not have to return to the Board for their
approval. She advised that the back building will be used for the peanut
business and the front brick building will be used as a retail store.
The public hearing was closed and comments by the Board were requested
by Chairman Alphin.
Supervisor Jefferson moved that the conditional zoning at 27891 Walters
Highway be approved. The motion passed unanimously by a vote of (5-0)
with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor
of the motion and no Supervisors voting against the motion.
COUNTY ADMINISTRATOR'S REPORT
The Board received a report from Jamie Oliver, Transportation Planner, who
advised that the final phase of the reconfiguration of Route 10-258
intersection at Berms Church Boulevard project will begin June 2016 and that
message boards will be on site beginning next week to alert motorists and a
diagram will be on the County's website.
Andreu Farthing, Kimley Horn est Associates, briefed the Board on the
project's three movement patterns to maintain traffic over the next sixty
days while crews are working.
The following matters were highlighted for the Board's information:
Monthly Reports -Tax Levies & Collections as of March 2016/Cash
Position/Statement of the Treasurer's Accountability as of March 2016; Isle of
Wight County Monthly Fire/Emergency Medical Services (EMS) Report
Incidents by Zone as of April 2016; Isle of Wight Website Statistics/April
2016; Solid Waste Division Litter Pickup; Isle of Wight Extension
Report/April 2016; and, a Notice of Public Meetings -- Hampton Roads
Hazard Mitigation Plan.
UNFINISHED/OLD BUSINESS
Mr. Wanner reintroduced A Resolution to Authorize Use of Remaining
Funds from Fort Boykin Insurance Payout for Other County Parks and
Recreation Projects in the amount of $90,000 to address several other needed
parks and recreation projects.
Supervisor Jefferson moved that the following Resolution be adopted:
RESOLUTION TO AUTHORIZE THE USE OF REMAINING FUNDS
FROM THE FORT BOYKINS INSURANCE PAYOUT FOR OTHER
PARKS AND RECREATION PROJECTS
Im
WHEREAS, the County has previously received insurance proceeds as
compensation for a facility destroyed by fire at Fort Boykins; and,
WHEREAS, the cost of the construction of new restrooms and a pergola at
Fort Boykin is less than amount of insurance proceeds received and,
WHEREAS, other significant needs at Parks and Recreation facilities
throughout Isle of Wight County have been identified; however, funding is
not available in the current operating budget to address said needs; and,
WHEREAS, staff is requesting authorization to utilize the remaining funds
to address several other needed Parks and Recreation projects.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board
of Supervisors of the County of Isle of Wight, Virginia authorizes the use of
remaining funds from the Fort Boykins insurance payout for other County
Parks &r Recreation projects.
BE IT FURTHER RESOLVED that the Interim County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget for this reimbursement and to do all
things necessary to give this resolution effect.
The motion passed unanimously by a vote of (5-0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
NEW BUSINESS
Following a program update by Mr. Jennings on the Cross -Connection
Control and Backflow Prevention Program, Supervisor Acree moved that the
Program be approved. The motion passed unanimously by a vote of (5-0)
with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor
of the motion and no Supervisors voting against the motion.
Responsive to a written request received by Mr. Stallings for him to continue
farming the remaining IS acres of County -owned property on Great Springs
Road, a Request for Proposal was presented by County Attorney Popovich.
Supervisor Acree moved that staff be authorized to issue the RFP. The
motion passed unanimously by a vote of (5,0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
A request for tax exemption request from God's Anointed Touch Ministries
was presented and Supervisor McCarty moved that staff be authorized to
advertise the matter for public hearing. The motion passed unanimously by a
vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty
voting in favor of the motion and no Supervisors voting against the motion.
W
Chairman Alphin presented a request to change the June 16, 2016 Board of
Supervisors' meeting date and Supervisor McCarty moved that the Board's
June 16, 2016 meeting date be changed to June 9, 2016 at 5:00 p.m. The
motion passed unanimously by a vote of (5--0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Staff was requested to provide a report to the Board on the recent increase in
business licenses taxes for local businesses.
Supervisor Acree stressed the importance of courteousness being extended
by staff to the public.
The Board and public were notified that the concert scheduled for Saturday
has been moved to July 23, 2016 due to the impending weather forecast.
CLOSED MEETING
County Attorney Popovich requested a closed meeting pursuant to Section
2.1-3711 (A)(1) of the Code of Virginia to discuss and consideration of
prospective candidates for the position of County Administrator.
Supervisor Acree moved that the Board enter the closed meeting for the
reason stated. The motion passed unanimously by a vote of (5-0) with
Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Jefferson moved that the Board return to open meeting. The
motion passed unanimously by a vote of (5.0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Jefferson moved that the following 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
51
identified in the motion convening the closed meeting were heard, discussed
or considered by the Board of Supervisors.
VOTE
AYES: Acree, Alphin, Grice, Jefferson and McCarty
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
ADJOURNMENT
At 10:00 p.m., the Chairman declared the meeting adjourned.
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