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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. 2 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 4 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. W 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 7 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 0 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 W 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 W11 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; 11 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 12 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. 13 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. 4AIphin, airman Carey ills St m, Cle,'rk