Loading...
11-17-2016 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 SEVENTEENTH DAY OF NOVEMBER 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 Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Carey Mills Storm, Clerk CALL TO ORDER/CLOSED MEETING The meeting was called to order by Chairman Alphin and the following matters were identified for discussion during closed meeting by County Attorney Popovich: County Attorney Popovich requested a closed meeting pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning the appointment of specific appointees to County boards/committees/authorities; pursuant to Section 2.2-3711(A)(7) concerning consultation with legal counsel regarding ongoing litigation with Accelerated Properties where such consultation with adversely affect the negotiating or litigation posture of this public body; pursuant to Section 2.2-3711(A)(1) regarding discussion concerning the assignment, appointment, promotion, performance, demotion, salary, discipline or resignation of a specific public employee. 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 McCarty 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. 1 Supervisor Jefferson 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 The invocation was delivered Pledge of Allegiance to the Flag. APPROVAL OF AGENDA by Supervisor McCarty who led the Following a request by Supervisor Grice to add a New Business item relative to Charter internet service to the Benn's Grant subdivision, Supervisor Acree moved that the agenda be adopted as amended which passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion and no Supervisors voting against the motion. 2 CITIZENS' COMMENTS Herb DeGroft of Mill Swamp Road requested that the Electoral Board address egress/ingress at the Pons Polling Precinct and that the County, in conjunction with the Town of Smithfield, make up part of the $5,000 loss in revenue recently experienced by Christian Outreach's Souper Saturday. CONSENT AGENDA A. Economic Development Incentive Grant Agreement with ST Tissue B. Resolution to Accept and Appropriate a Virginia Litter Prevention & Recycling Grant from the Virginia Department of Environmental Quality ($9548) C. Resolution to Accept and Appropriate 2016 Emergency Management Performance Grant (EMPG) Award ($7500) D. Resolution to Accept and Appropriate 2016 Supplemental Local Emergency Management Performance Grant (SLEMPG) Award ($8360) E. Resolution to Accept and Appropriate Funding from the Virginia Department of Motor Vehicles ($27,975) F. Resolution to Accept and Appropriate VDEM Dominion Power Pass through Funding ($30,000) G. Resolution to Accept and Appropriate Funds from the Virginia Department of Motor Vehicles Animal Friendly License Plate Program ($780) H. Resolution to Recognize the Contributions of James Lewis Ford, Jr. to the Residents of Isle of Wight County I. October 20, 2016 Regular Meeting Minutes Following a request by Supervisor Grice for an accounting background on Items (C), (D) and (F), Supervisor McCarty moved that the Consent Agenda be adopted which passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion and no Supervisors voting against the motion. REGIONAL REPORTS 3 Supervisor McCarty reported on networking activities at the 2016 VACo Annual Conference. APPOINTMENTS Supervisor McCarty moved that Ed Easter be recommended to the Circuit Court Judge to fill the unexpired term of Dr. Warren Winter representing the Newport District on the Board of Zoning Appeals which passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion and no Supervisors voting against the motion. Supervisor McCarty moved that Donald T. Robertson be reappointed to the Western Tidewater Community Services Board which passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion and no Supervisors voting against the motion. Supervisor Grice moved that James Wesley Brown be reappointed to represent the Smithfield District on the Wetlands Board which passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATION/APPEARANCE The Board received a report from Tracy Bedgood from the audit firm of Cherry Bekaert, LLP in connection with the County's annual audit of financial statements. Clean opinions on all three reports were noted for this year and the Board was reminded that Statements of Economic Interest are to be filed in a timely manner. For the Board's information and future consideration, Don Jennings, Director of Utility Services, formally introduced Doug Fitz, who provided a briefing on the County's Stormwater Communications Plan. Chairman Alphin requested County Administrator Keaton to include the present funding structure at a future work session on this matter. COUNTY ATTORNEY'S REPORT Proposed 2017 By-laws and Rules of Procedure of the Board were presented by County Attorney Popovich for review and suggested modification(s). PUBLIC HEARINGS Chairman Alphin called for a public hearing on the following: 0 Application of William Riddick, Applicant, on Behalf of ROSF, LLC, Owners, for a Special Use Permit on 19.36 Acres of Land on Two Parcels Located at 19259 and 19327 Farm Road in the Hardy Election District for the Purpose of Allowing an Event Center on the Parcels Zoned Rural Agricultural Conservation. Richard Rudnicki, Interim Director of Planning & Zoning, provided a history of the application. William Riddick, Attorney representing the property owner, advised that the property over the past thirty years has been the site of numerous public and private events and attended by several thousand people. He continued that Joe Luter, IV, the applicant, had acquired the property from Smithfield Foods and utilizes the lodge built approximately two years ago six months out of the year as his home and hunting lodge, leaving time during the spring and summer that it could be utilized for other public functions. He advised that Mr. Luter did not anticipate any objection when he made application for a Special Use Permit as this property has been previously used in this fashion for the last thirty years. He advised that following the Planning Commission meeting, Mr. Luter changed his plans for this property at the suggestion of the Planning Commission and in response to public comments that the existing parcel be combined with the new parcel under one permit with a limitation on the total number of events which can occur there, conditioning that there will be no more than 30 events per year with no more than 8 of those events to exceed 50 people with the total number of persons at any one event to be 300 people. He opined that the traffic impact analysis is overstated as there has been a history of thousands of cars on Farm Road at any one time in the past. He advised no concerns were reported by the Department of Emergency Services or the Sheriff's Department. He stated while there would be some impact on the existing residences there, the impact would not be an unreasonable one and the proposed conditions have been tailored to minimize the impact on those residences. He advised it is his legal opinion that Mr. Luter, IV owns Farm Road and that Mr. Luter, IV has agreed to contribute to the cost of upgrading the road; continued maintenance; to bring people attending the proposed events in on the interior road; and, that the gate will be secured at 11:00 p.m. so as not to disturb the residences on Farm Road. Benny Lippard of Days Point Road expressed a concern with an increase in traffic on Days Point Road. Ron Pack of Jordan Avenue spoke in favor of the application citing economic development viability, an increase in jobs and visibility of the County. 5 Terry Cuthriell of Morgart's Beach Road spoke in favor of maintaining the existing safe conditions of the community and expressed concern with increased traffic, alcohol consumption and the precedence this would set if approved. William Faulkner of Days Point Road spoke in opposition noting it will be an intrusion into the existing residences' lives through creation of additional noise, trash and crime. Debra Longberger of Days Point Road advised that to her knowledge, there have been no events held as implied. She advised because Farm Road is closed, a rescue team would need to utilize the driveway next to her home and would be met head on by vehicles attempting to exit should an emergency occur at the close of an event. She stated rescue efforts were deemed problematic at Monette's when another organization tried to have an event, which is paved asphalt and wider than the entrance to Aberdeen Farms. She spoke against exposure to drinking and driving in her neighborhood and on Days Point Road. Joseph Shell of Days Point Road shared concern with Days Point Road being an uneven road surface; that there are no white Iines to identify the side of the road; no streetlights; and, ditches along both sides of the road. He advised that there have been sixteen accidents on Days Point Road. Charlie Phelps of Eagle Nest Lane requested denial of the rezoning which would create a bad atmosphere in that community. He stated this area is a subdivision and approval of a lodge catering to people in other subdivisions would not be approved. He pointed out that there have been two other requests for social gatherings turned down by the Board in this area. He concluded his comments inquiring who would be monitoring these events and how would emergency service personnel respond in the case of an emergency. Robbie Younger of Farm Road spoke in opposition citing the potential for alcohol consumption. She stated approval of this application would put that community at risk as driving conditions in this area are already challenging. Charles Moore of Farm Road addressed existing poor road conditions which are travelled by large trucks. Ross Younger of Farm Road commented that the road was paved for residential traffic, not logging trucks and runway expansions which have destroyed it with no assistance from Aberdeen Farms' current or previous owner being offered. Jessica Robertson of Morgart's Beach Road requested denial of the application and compliance with current restrictions. Z Richard Evans of Erin Drive addressed the potential need for road modifications if the vehicle population increases, to include the potential for road widening. He asked if imminent domain would be imposed on existing residents and would existing waterways be protected along Days Point Road. He questioned with only one paved road for ingress/egress, would traffic lights be needed and he expressed a concern with the existing road width and the safe passage of vehicles with oncoming school buses. He concluded wondering if there would be an impact on the existing water supply and would there be a sufficient water supply available for these events. Richard Gillerlain of the Newport District noted that a previous property owner had submitted a request which had been denied for most of the reasons which still apply. He commented that the right business for the right location which does not create an unhealthy environment for area residents. David Green of Farm Road spoke in support of the application. Lynn Faulkner stated Aberdeen Farm Road has not been used by large groups of people since 2005 and this is not a good fit with the existing neighborhood. Jeff McFather of Day's Point Road commented that commercial development in a residential community is the first nail in the coffin of that community. He asked the Board to deny the application and not return it to the Planning Commission. Joe Luter, IV, the applicant, commented that he had not anticipated opposition from the residents of Day's Point Road because of the existing permit. He stated he thought the County was in favor of increasing economic development through event centers and bringing in additional people to the County. He stated Aberdeen Farms is expensive to maintain and it was his intention to generate sufficient money to break even by having those events. He advised that he had committed to pay the fees in arrears back to 2010, although he did not own the property until 2014. He advised that there have been five events held in the last seven years and sixty cars per day traveled down Monette Parkway and Day's Point Road. He stated that while he shares a concern with drinking and driving, people have to be accountable for their actions. Attorney Riddick clarified that this application is a Special Use Permit with limitations and that all the applicant is requesting is what has been done for the past 30 years as there currently is a permitted use at that location. He advised that Mr. Luter, IV will need to obtain a business license and pay all associated taxes and that while he did not own this property until recently, he is taking responsibility. He stated Mr. Luter, 7 IV owns Farm Road and is respectful of the property owners and trying to reach something suitable so as to minimize the impacts of events being held there. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Jefferson inquired if any of the conditions identified in the past have been addressed with respect to Day's Point Road. Mr. Rudnicki advised that no concerns have been addressed to date as they would need to be addressed by VDOT. Supervisor Jefferson expressed concern with the width of the roadway and inquired if there are current plans to widen it for access by emergency personnel. Mr. Rudnicki replied staff's suggestion would be that if that road was going to be the primary access, at a minimum, there be a location identified for the passage of two vehicles. Responsive to Supervisor Jefferson, Mr. Rudnicki advised that a letter from staff to the Sheriff requesting his comments has not been received. Supervisor Acree relayed his concern with safety, particularly with respect to Day's Point Road. Supervisor McCarty commented that he shares public safety concerns and access for emergency personnel which could be addressed by the owner agreeing to hire recruits or sheriff's deputies to monitor these special events. He stated with respect to alcohol, how will it be regulated and are there ABC violations. He commented that it appears from the website that there is the ability to get on a waiting list for the lodge which causes him to wonder if there might be associated taxes being overlooked. He stated ownership of the road is unclear to him and partnerships with road maintenance are unanswered. He stated many questions remain unanswered such as what will prevent sale of the property in the future and ownership of the large parcel in the middle. Supervisor Grice commented similarities to the Monette property should not be drawn as this application is for a Special Use Permit. He reminded the Board that it just approved the paving of Morgart's Beach Road which will be paved this coming year; that the applicant is restricting himself as he is limiting the events to 2,400 people with the rest under 50. He commented that the applicant must comply with all State regulations and pay all taxes and that the existing speed limit of 55 mph on Day's Point and Blount's Corner Road is already too fast and in need of review by VDOT. Supervisor Jefferson advised that VDOT is currently studying the possibility of lowering the speed limit in that area. Mr. Rudnicki advised that conditions could be placed on the SUP that should ownership change, the permit would cease. He stated with regard to two parcels having a separation between them, during the site plan process, staff would require the applicant to dedicate an access easement across that to distinguish how one would move from one to the other. Chairman Alphin commented that approval of this application could provide economic revenue to the County, but his biggest concern is that people who currently live in that community enjoy a lifestyle they value a great deal and they have sense of community that cannot be bought. He stated any type of event that would jeopardize what they currently have should be questioned by the Board. He stated these residents have an established lifestyle and he believes they are entitled to maintain it as they have enjoyed it. Supervisor Grice stated he sees approval of the application as a means of regulating rather than expanding or having a more detrimental effect. He stated it is a positive move because we are limiting the number of occurrences that it can have on this community. He concluded his comments stating he would encourage any event attended by 300 persons to employ off-duty law enforcement officers in order to keep the event safe. He stated as currently permitted, the applicant can do anything he desires. Supervisor Jefferson recommended that the matter be tabled until the December meeting so that he could meet with Ms. Faulkner again and so that the applicant could meet with these residents to see if things could be worked out. Supervisor McCarty inquired about the willingness of the applicant to meet with the citizens and work out some of the concerns. Attorney Riddick relayed the applicant's willingness to meet with the residents and that staff be involved to facilitate such a meeting. Supervisor Jefferson moved that the application be tabled until the Board's December 15, 2016 meeting in order that certain issues could be addressed. The motion passed (4-1) with Supervisors Jefferson, Acree, Grice and McCarty voting in favor of the motion and Supervisor Alphin voting against the motion. COUNTY ADMINISTRATOR'S REPORT For the Board's information, Tom Elder, Director of Economic Development, provided an update on the Atlantic Coast pipeline project, noting it has changed course and is now approximately two miles from the Shirley T. Holland Intermodal Park. Matters contained in the agenda for the Board's information were highlighted and the Board was advised by County Administrator Keaton that rather than a reduction in its tipping fee, SPSA will instead be considering a proposal at its December meeting to distribute the money paid by the six member jurisdictions in 2013 back to those localities on a pro -rata share, of which the County's share is approximately $239,000. Supervisor Grice requested that columns be added to the Treasurer's Statement of Accountability report reflecting the last reporting period and the beginning of the year so that trends and movement can be visualized. Further, he commented that the cash position chart does not allow for a clear picture of the County's tax position and anticipated changes are needed, i.e., is cash flow expected to parallel last year? UNFINISHEDIOLD BUSINESS Responsive to action taken by the Board at its September meeting that staff develop a policy for the removal of signage from the VDOT right of way, Supervisor McCarty moved that the following Resolution be adopted which passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion and no Supervisors voting against the motion: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA ESTABLISHING A POLICY FOR THE REMOVAL OF SIGNAGE FROM THE VDOT RIGHT OF WAY WHEREAS, the Isle of Wight County Board of Supervisors has adopted a countywide signage ordinance which identifies the size, type, and location of signage which can be constructed; and, WHEREAS, the Board understands that providing for the construction of and removal of signage, where applicable, supports the business community of the County, enhances the quality of life of the citizens, and promotes the desired visual aesthetic of Isle of Wight County; and, WHEREAS, the Board recognizes the importance of developing policy to support the proper enforcement of its ordinances, in order to provide all citizens equal enforcement and due process under the County ordinance; and, 10 WHEREAS, the Board recognizes the importance of enforcement of the ordinance without creating a burden on the citizens of Isle of Wight County; and, WHEREAS, the Board recognizes the need to ensure the safety of its staff during the enforcement of the ordinance. NOW, THEREFORE, BE IT RESOLVED THAT in an effort to promote the business community, public safety, and aesthetic goals of the County through the enforcement of the signage ordinance, the Board of Supervisors of Isle of Wight County hereby outlines the provisions for enforcement of the removal of signage within the VDOT Right of Way, as follows: I. Purpose: The Isle of Wight County Zoning Ordinance identifies signage within the right of way as prohibited, in accordance with the Code of Virginia. In order to ensure a regular and uniform enforcement of this provision the County has entered into agreement with the Virginia Department of Transportation (VDOT) to enforce the removal of this signage. With this policy, the Board of Supervisor's seeks to clearly define, in one location, all aspects of enforcement. II. Applicability: This policy shall apply to all signage located within the VDOT Right of Way (ROW) which is not placed by VDOT for the purpose of directing traffic on the VDOT roadway. III. County Staff Responsibilities: A. County Staff (Staff) responsible for the enforcement of this policy is hereby defined as the Code Enforcement Officer. Should the volume of signage exceed the enforcement capabilities of this position the County Administrator, at their discretion, can authorize other personnel trained and responsible for enforcement of the County Code to assist with enforcement. B. Staff responsible for enforcement of this policy shall ensure proper safety protocol by following the Virginia Work Area Protection Manual dated August 2011, as amended, currently defined under section 6G-2 of the manual. IV. Enforcement and Fines A. The agreement with VDOT provides for the immediate removal of signage from the ROW, with an option to impose fines from violating parties as a mechanism of enforcement. B. Staff shall, upon identification of a sign placed illegally in the ROW, immediately remove the signage following the safety protocol identified in Section III -B of this policy. C. In accordance with the optional nature of the fine set forth in the agreement with VDOT and the Board of Supervisor's direction, no fine shall be levied on a violator of this policy. Notwithstanding the foregoing, repeat offenders may be fined upon consultation and approval of the County Attorney. li Recognizing that the Board had conducted a work session and held numerous discussions on the below matter, Supervisor Grice moved that the following Ordinance be adopted with definitions for (P) and (C) to be added to the top of each page in the table of uses which passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion and no Supervisors voting against the motion: An ordinance to amend and reenact the following sections of the Isle of Wight County Code, Appendix B, Zoning: Article II, Interpretations and basic definitions; Section 2-1002, Definitions; Article III, Use types; Sections 3-4000, Civic use types and 3-6000, Commercial use types; Article IV, Zoning districts and boundaries; Article V, Supplementary use regulations; Section 5-2000, Supplementary density and dimensional regulations, Section 5-5001, Supplementary use regulations for agricultural use types, Section 5-5002, Supplementary use regulations for residential use types, Section 5-5005, Supplementary use regulations for commercial use types; and Article X, Vehicle parking facilities; Section 10-1010, Table of use types and parking requirements; in order to review and revise use types, bulk regulations, and supporting language. 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 II, Interpretations and basic definitions; Section 2-1002, Definitions; 12 Article III, Use types; Sections 3-4000, Civic use types and 3-6000, Commercial use types; Article IV, Zoning districts and boundaries; Article V, Supplementary use regulations; Section 5-2000, Supplementary density and dimensional regulations, Section 5-5001, Supplementary use regulations for agricultural use types, Section 5- 5002, Supplementary use regulations for residential use types, Section 5-5005, Supplementary use regulations for commercial use types; and Article X, Vehicle parking facilities; Section 10-1010, Table of use types and parking requirements of the Isle of Wight County Code be amended and reenacted as follows: Sec. 2-1002. - Definitions. When used in this ordinance the following terms shall have a meaning as ascribed herein: Abutting.\ Having a common border with, or being separated from such common border by right-of-way, alley or easement. Access, pedestrian.\ The right to cross between public and private property, allowing pedestrians to enter and leave property. Access, vehicular.\ A means of vehicular approach or entry to or exit from property, from a street or highway. Accessory building.'' A subordinate building customarily incidental to and located upon the same lot occupied by the principal building. When an accessory building is attached to the principal building in a substantial manner, as by a wall or roof, such accessory building shall be considered a part of the principal building. An accessory building is no longer considered subordinate if it exceeds the size of the principal building. Accessory use.\ A use customarily incidental and subordinate to, and on the same lot as a principal use. Administrator.\ See "zoning administrator." Alley.\ A right-of-way that provides secondary service access for vehicles to the side or rear of abutting properties. Alteration.\Any change or rearrangement of supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or moving of a building or structure from one (1) location to another. Alternate discharge sewage system.\ Any device or system which results in a point source surface discharge of treated sewage with flows less than or equal to one thousand (1,000) gallons per day on a yearly average. These systems are regulated by the Virginia Department of Health and under a general Virginia Pollution Discharge Elimination 13 System (VPDES) permit issued by the Virginia Department of Environmental Quality (DEQ). Amend\ or amendment. Any repeal, modification or addition to a regulation; any new regulation: any change in the number, shape, boundary or area of a zone or zoning district; or any repeal or abolition of any map, part thereof or addition thereto. Amenity space.\ Space devoted to such uses as uncovered open space for public enjoyment consisting of such things as, but not limited to: green areas, gardens, malls, plazas, walks, pathways, promenades, arcades, lawns, fountains, decorative plantings, passive or active recreational areas. Such space shall not include parking or maneuvering areas for vehicles. Area devoted to this purpose shall be easily and readily accessible to the public or residents of the development. In areas where pedestrian walkways are shown on an approved and adopted master plan such area within the percentage required for amenity space as is necessary shall be devoted to the provision of pedestrian walkways or paths for general public use. Anchor store.\ A store that acts as the major retailer and brings in the majority of business within a shopping center, mall or similar commercial complex. Antenna.\ A device in which the surface is used to capture an incoming and/or transmit an outgoing radio-frequency signal. Antennas shall include the following types: 1. Omnidirectional (or "whip") antenna. ..... An antenna that receives and transmits signals in a 360 -degree pattern. 2. Directional (or "panel") antenna...... An antenna that receives and transmits signals in a directional pattern typically encompassing an arc of one hundred twenty (120) degrees. 3. Dish (or parabolic) antenna...... A bowl -shaped device, less than two (2) meters in diameter, that receives and transmits signals in a specific directional pattern. Arcade:-. A covered passage having an arched roof. Attic./ The area between roof framing and the ceiling of the rooms below that is not habitable, but may used for storage or mechanical equipment. Improvement to habitable status shall make it a story. Automobile.\ See "motor vehicle." Automobile wrecking yard.-, Automobile wrecking yard shall mean any lot or place which is exposed to the weather and upon which more than two (2) vehicles of any kind that are incapable of being operated and which it would not be economically practical to make operative, are placed, located or found for a period exceeding thirty (30) days. The movement or rearrangement of such vehicles within an existing lot or facility shall not render this definition inapplicable. (See also scrap and salvage services in section 3-7000.) 14 Base density.\ The maximum number of dwelling units permitted outright by a particular land -use classification. Base flood\ The flood having a one (1) percent chance of being equaled or exceeded in any given year. Base flood elevation.\ The Federal Emergency Management Agency designated one (1) percent annual chance water surface elevation. The water surface elevation of the base flood in relation to the datum specified on the community's flood insurance rate map. For the purposes of this ordinance, the base flood is 100 -year flood or one (1) percent annual chance flood. Basement.\ That portion of a building that is partly or completely below grade. A basement shall be counted as a story if its ceiling is over six (6) feet above the average level of the finished ground surface adjoining the exterior walls of such story, or if it is used for business or dwelling purposes. For the purposes of floodplain management, any area of the building having its floor subgrade (below ground level) on all sides. Billboard.\ See "sign, billboard." Block.\ That property abutting one (1) side of a street and lying between the two (2) nearest intersecting streets or the nearest intersecting street and railroad right-of-way, river, or between any of the foregoing and any other manmade or natural barrier to the continuity of development. Board of supervisors.\ Governing body of Isle of Wight County. Also referred to as the board. Board of zoning appeals.". The board appointed to review appeals made by individuals with regard to decisions of the zoning administrator in the interpretation of this ordinance. The board of zoning appeals is also authorized to grant variances from provisions of the zoning ordinance in particular circumstances. Breezeway.\ A structure for the principal purpose of connecting the main building or buildings on a property with other main buildings or accessory buildings. Buffer\ or bufferyard. A natural open space or landscaped area intended to separate and protect adjacent or contiguous uses or properties, including land uses abutting highly traveled highway corridors, from noise, lights, glare, pollutants or other potential nuisances. Building.\ A structure with a roof designed to be used as a place of occupancy, storage, or shelter. Building, floor area.\ The total number of square feet area in a building, excluding uncovered steps, and uncovered porches, but including the basement and the total floor area of accessory buildings on the same lot. 15 Building, height.\ The height of a building is the mean vertical distance from the average established grade in front of the lot or from the average natural grade at the building line, if higher, measured to the roof line, defined as; to the average height of the top of the cornice of flat roofs, to the deck Iine of a mansard roof, to the middle height of the highest gable or dormer in a pitched or hipped roof. If a building is located on a terrace, the height above the street grade may be increased by the height of the terrace. On a corner lot, the height is the mean vertical distance from the average natural grade at the building line, if higher, on the street of greatest width, or if two (2) or more such streets are of the same width, from the highest of such grades. Building line.\ A line parallel to the front property line of a yard beyond which the foundation wall and/or any enclosed porch, vestibule, or other enclosed portion of a building shall not project, except as provided in subsection 5-2000.1), supplementary density and dimensional requirements. Building, main.\ See "principal building or structure." Building official, superintendent of building inspections.\ The person designated as the official responsible for enforcing and administering all requirements of the Uniform Statewide Building Code in Isle of Wight County, Virginia. Bulk regulations.\ Controls that establish the maximum size of buildings and structures on a lot or parcel and the buildable area within which the structure may be placed, including lot coverage, height, setbacks, density, floor area ratio, open space ratio, and Iandscape ratio. Caliper.\ A measurement, in diameter, of plant material size. All plant material requiring a caliper measurement shall be measured using diameter at breast height (DBH), which is defined as four and one-half (412) feet above the ground on the uphill side of the tree or plant. Camping site.\ Any plot of ground within a campground used or intended for occupation by the camping unit. Camping unit .\ A tent, tent trailer, camping trailer, pickup camper, motor home, recreational vehicle or any other commonly used temporary shelter device used as temporary living quarters or shelter during periods of recreation, vacation, leisure time or travel. To qualify as a camping unit, vehicular and mobile units shall be eligible to be currently licensed and registered by a governmental body and shall be legal to travel on Virginia highways without special permits for size, weight or other reasons. Canopy.\ A roof -like structure of a permanent nature which may be freestanding or project from a wall of a building or its supports. Canopy coverage.\ The percent of a fixed land area covered by the crown of an individual plant exceeding five (5) feet in height and measured fifteen (15) years from the date of installation. Or the percent of a fixed land area covered by the outermost limits of the crown of a cluster of plants exceeding five (5) feet in height, which create one (1) 16 continuous area of coverage, measured fifteen (15) years from the date of installation. Carport.\ A permanent roofed structure not more than seventy-five (75) percent enclosed by walls and attached to the main building for the purpose of providing shelter for one (1) or more motor vehicles. Cellar.. See "basement." Certificate of occupancy.\ A document issued by the building official allowing the occupancy or use of a structure and certifying that the structure and/or site has been constructed and is to be used in compliance with all applicable plans, codes and ordinances. Channel: A natural or artificial watercourse with a definite bed and banks to confine and conduct continuously or periodically flowing water. Child.\ Any natural person under eighteen (18) years of age. Chord.\ A line segment joining any two (2) points of a circle. Circulation area.\ That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area. Co -location.' The use of a single location structure and/or site by more than one (1) wireless communications service provider. Coastal A Zone.\ Flood hazard areas that have been delineated as subject to wave heights between one and one-half (1.5) feet and three (3) feet and identified on the flood insurance rate maps (FIRMs) as areas of limits of moderate wave action (LiMWA). Coastal high hazard area (CHHA).\ The portion of a coastal floodplain having special flood hazards that is subject to high velocity waters, including hurricane wave wash. The area is designated on the flood insurance rate map (FIRM) as zone V 1-30, VE or V (V -zones). Combination use.\ A use consisting of a combination of one (1) or more lots and two (2) or more principal uses separately listed in the district regulations. Commercial vehicle.\ A vehicle designed to have more than two (2) rear wheels on a single axle. This shall not apply to pickup body type trucks, passenger van type vehicles, or to vehicles essential for an agricultural use associated with the premises. Community impact statement.\ A document required by the county which outlines the impact a proposed development will have on environmental and cultural resources, and county services, including, but not limited to, schools, fire and rescue, and public utilities. Conditional use.\ A conditional use is a use that, because of special requirements or characteristics, may be allowed in a particular zoning district only after review and recommendation by the planning commission and the granting of conditional use approval by the board 17 of supervisors imposing such conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity. Deck.l A structure, without a roof or walls, directly adjacent to a principal building, which has an average elevation of thirty (30) inches or greater from finished grade. Development.'". Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of manufactured homes, streets, and other paving, utilities, filling, grading: excavation, mining, dredging, drilling operations, or storage of equipment or materials. Display lotA An outdoor area where active nighttime sales activity occurs and where accurate color perception of merchandise by customers is required. To qualify as a display lot, one (1) of the following specific uses must occur: motor vehicle sales, boat sales, recreational vehicle sales, gardening or nursery sales. Any other use must be approved as display lot uses by the zoning administrator. Dripline A A vertical projection to the ground surface from the furthest lateral extent of a tree's leaf canopy. Driveway.'\ A roadway providing access for vehicles to a parking space, garage, dwelling, or other structure. A driveway serves only one (1) or two (2) lots. Dwelling.`,. A building, or portion thereof, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, and multifamily dwellings, but do not include, hotels, motels, boarding and rooming houses, bed and breakfast establishments, and the like. Dwelling unit.\ One (1) or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one (1) family with toilets and facilities for cooking and sleeping separate from any other dwelling unit. Earthcraft certified construction.': An environmentally friendly, residential building program developed by the Southface Energy Institute which requires certified builders to meet guidelines for energy efficiency, water conservation, and other environmental practices on single-family and multifamily unit construction. Similar to the LEED certification program, but focused specifically on residential development. Earth tone.' A color scheme that draws from a color palette of browns, tans, grays, greens, and some reds. The colors in an earth tone scheme are muted and flat in an emulation of the natural colors found in dirt, moss, trees, and rocks. Many earth tones originate from clay earth pigments, such as umber, ochre, and sienna. Colors such as orange and blue are not considered earth tones because they are not found naturally on pieces of land even though they can be found within nature. 11:1 Elevation.\ A vertical distance above or below a fixed reference point. Environmental assessment. - An analysis of the beneficial or detrimental effects of a development on the natural resources and characteristics of the property, including resources such as, but not limited to, wetlands, flora and fauna, and other ecosystems. Equipment enclosure.\ A small building, cabinet, or vault used to house and protect electronic or mechanical equipment. Associated equipment may include, but is not limited to, air conditioners and emergency generators. Expansion to an existing manufactured home park or subdivision.\ For the purposes of floodplain management means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Facade.' That portion of any exterior elevation of the building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation. Family.\ An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than four (4) unrelated persons, occupying a single-family dwelling. Flood.\ A general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters; 2. The unusual and rapid accumulation or runoff of surface waters from any source; 3. Mudslides (i.e., mudflows) which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. A flood may be further defined as the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical or by an unanticipated force of nature, such as a flash flood or by some similarly unusual and unforeseeable event which results in flooding. Flood hazard zone.\ The delineation of special flood hazard areas into insurance risk and rate classifications on the flood insurance rate map (FIRM) published by the Federal Emergency Management Agency (FEMA) and which include the following zones and criteria: 1. Zone A:..... On the FIRMs accompanying the Flood Insurance Study (FIS) shall be those areas for which no detailed flood 19 profiles or elevations are provided, but the one -percent annual chance floodplain boundary has been approximated. 2. Zone AE:..... On the FIRMs accompanying the FIS shall be those areas for which one -percent annual chance flood elevations have been provided and the floodway has not been delineated. 3. Zone VE or Zone V:..... On the FIRMs accompanying the FIS shall be those areas that are known as Coastal High Hazard areas, extending from offshore to the inland limit of a primary frontal dune along an open coast or other areas subject to high velocity waves. 4. Zone X:..... Areas located above the 100 -year flood boundary and having moderate or minimal flood hazards. 5. Floodway District:..... Is in an AE Zone and is delineated, for purposes of this ordinance, using the criterion that certain areas within the floodplain must be capable of carrying waters of the one -percent annual chance flood without increasing the water surface elevation of that flood more than one (1) foot at any point. The areas included in this District are specifically defined in Table 4 of the FIS and shown on the accompanying FIRM. 6. Coastal A Zone:..... Is labelled as AE on the FIRMS and is those areas that are seaward of the limit of moderate wave action (LiMWA) line. As defined by the Virginia Uniform Statewide Building Code, these areas are subject to wave heights between one and one-half (1.5) feet and three (3) feet. Flood insurance rate map (FIRM).1 An official map of a community, on which the Federal Emergency Management Agency has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM). Flood insurance studyA An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, mudslide hazards and/or flood -related erosion hazards. Floodplain.'x A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; an area subject to the unusual and rapid accumulation or runoff of surface water from any source. Floodprone areal Any land area susceptible to being inundated by water from any source (see definition of flooding). Floodproofing.l Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water, sanitary facilities, structures and their contents. 0 Floodway.\ The channel of a river or other watercourse and the adjacent land areas required to carry and discharge the 100 -year flood without increasing the water surface elevation of that flood more than one (1) foot at any point. Floor area.\ The square feet of floor space within the outside lines of walls, including the total of all space on all floors of a building. Floor area shall not include porches, garages, or unfinished space in a basement or attic. Floor area ratio (FAR)."% The total floor area of all buildings or structures on a lot divided by the net developable area of the lot. Freeboard.'. A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed. When a freeboard is included in the height of a structure, the flood insurance premiums may be less expensive. Frontage.\ The linear measurement in feet of the front property line abutting a street. Functionally dependent use.- A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. Garage, private.\ An accessory building which is designed or used for the storage of vehicles owned and used by the occupants of the building to which it is accessory and which is not operated as a separate commercial enterprise. Gazebo.\ A detached, covered freestanding, open-air or screened accessory structure designed for recreational use only and not for habitation. Glare.\ The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility; blinding light. Green roof,\ The roof of a building which is partially or completely covered with vegetation and soil or other growing medium planted over a waterproof membrane. Habitable floor.., Any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or any combination thereof. A floor used only for storage is not a habitable floor. 21 Highest adjacent grade.". For the purposes of floodplain management, the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic landmark/area/structure. - Any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been listed in the county's comprehensive plan or certified: a. By an approved state program as determined by the Secretary of the Interior; or b. Directly by the Secretary of the Interior in states without approved programs. Home garden.', An accessory use in a residential district for the production of vegetables, fruits and flowers generally for use or consumption, or both, by the occupants of the premises. Impervious surface.\ A surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Impervious surfaces may include, but are not limited to; buildings, roofs, streets, parking areas, and any concrete, asphalt, or compacted gravel surface. Intelligent siting.\ The practice of building placement which gives high consideration to environmental aspects such as solar orientation, seasonal shading, prevailing winds, etc., in order to allow for increased energy efficiency. Junkyard.\ Junkyard shall mean any establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile wrecking yard. For purposes of this definition, "junk" shall mean old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material. (See also "scrap and salvage services" in section 3-7000.) 2 Kiosk.. A freestanding structure upon which temporary information and/or posters, notices, and announcements are posted. Commercial transactions do not take place here. Landscape. An expanse of natural scenery or the addition or preservation of lawns supplemented by, shrubs, trees, plants or other natural and decorative features to land. Landscape surface ratio (LSR).-. A measure, expressed as a percentage, of the area to be landscaped on a site determined by dividing the landscaped area of the site by the total project area. LEED certified.' Leadership in energy and environmental design (LEED) certification program administered by the U.S. Green Building Council, which requires designers to meet guidelines for energy efficiency, water conservation, and other environmental practices. Light trespassA Light from an artificial light source that is intruding onto adjacent properties and is a nuisance. Livestock.., Swine, sheep, cattle, poultry or other animals or fowl which are being produced primarily for food, fiber, or food products for human consumption. Loading and unloading area.\ The area on a lot designated for bulk pickup and deliveries of merchandise and materials directly related to the use on said lot. Lot.\ A parcel of land intended to be separately owned, developed, or otherwise used as a unit, established by plat, subdivision or as otherwise permitted by law. Lot, corner. A lot abutting on two (2) or more streets at their intersection. Lot, depth of.\ The shortest horizontal distance between the front and rear lot lines. Lot, double frontage./ An interior lot having frontage on two (2) streets. Lot, flag.'' A lot not fronting on or abutting a public roadway or having Iimited frontage necessary for access and where access to the public roadway is essentially limited to a narrow private right- of-way. Lot, interior.'. A lot other than a corner lot. Lot, through.\ A lot having its front and rear yards each abutting on a street. Lot areal The total horizontal area in square feet within the lot lines of a lot excluding designated future public rights-of-way. Lot coverage./ A measure of intensity of land use that represents the portion of a site that is impervious (i.e., does not absorb water). This portion includes, but is not limited to, all areas covered by buildings, parked structures, driveways, roads, sidewalks, and any area of concrete or asphalt. 23 Lot line.- A line dividing one (1) lot from another lot or from a street or alley. Lot line, front. 4n an interior lot, the lot line abutting a street or right-of-way; or, on a corner lot, the shorter lot line abutting a street or right-of-way; or, on a through lot, the lot line abutting the street or right-of-way providing the primary access to the lot. Lot line, rear.\ The Iot line located opposite the front line. Lot line, side.' Any boundary of a lot, which is not a front lot line or a rear lot Iine. Lot of record. A lot which has been legally recorded in the clerk's office of the Circuit Court of Isle of Wight County. Lot width.- The horizontal distance between the side lot lines, measured at the required front setback line. Low impact development (LID).\ A site design approach to managing stormwater runoff which emphasizes conservation and use of on-site natural features to protect water quality. This approach implements small-scale hydrologic controls to replicate the pre - development hydrologic patterns of watersheds through infiltrating, filtering, storing, evaporating, and detaining runoff close to its source. Lowest floor.- For the purpose of floodplain management, the lowest floor of the lowest enclosed area (including basement). An unfinished or flood -resistant enclosure, useable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of Federal Code 44CFR § 60.3. Luminary.\ A lighting fixture assembly or source of artificial illumination including, but not limited to, bulbs, lamps, reflectors, refractors, and housing associated with them. Manufactured home.", A structure constructed to federal standards, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) feet or more in width and is forty (40) feet or more in Iength, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Manufactured home park, existing.\ A parcel of land divided into two (2) or more manufactured home lots for rent or sale existing prior to 08/19! 1991. Manufactured home park or subdivision, new.\ A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of 24 streets, and either final site grading or the pouring of concrete pads) is completed on or after 08`1911991. Mean sea level.': National Geodetic Vertical Datum (NGVD) of 1929, to which all elevations on the FIRM (flood insurance rate map) and within the flood insurance study are referenced. Mixed-use structure.\ A building or other structure containing a combination of two (2) or more different principal uses. Motor vehicle." Any self-propelled vehicle designed primarily for transportation of persons of goods along public streets or alleys, or other public ways. Net developable area'. The land deemed suitable for development within a given area or parcel. It is calculated by subtracting the sensitive environmental areas within the area or parcel that should be protected from development and the estimated right-of-way requirements and existing regional transmission line easements and rights-of-way from the total gross area. The result is the net developable area, which provides a realistic measure of land holding capacity for an area or parcel in the county. Refer to section 5-4000, net developable area, for additional information on net developable area. New construction."% For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM (flood insurance rate map), 08119191, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. Nonconforming activity or use.'-. The otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this ordinance for the district in which it is located, either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance. Nonconforming building or structure.'% An otherwise legal building or structure that does not conform with the yard, height, maximum density or other bulk regulations, or is designed or intended for a use that does not conform to the use regulations, of this ordinance for the district in which it is located, either at the effective date of this ordinance or as result of subsequent amendments. Nonconforming lot.' An otherwise legally platted lot that does not conform to the minimum area or width requirements for the district in which it is located either at the effective date of this ordinance or as a result of subsequent amendments to this ordinance. Nonconforming site.", An otherwise legal site for which existing improvements do not conform to the lot coverage, bufferyard, landscaping, parking and other site requirements set forth in the zoning 25 or special overlay district in which it is located either at the effective date of this ordinance or as a result of subsequent amendments to this ordinance. Office park.; A large tract of land that has been planned, developed, and operated as an integrated facility for a number of separate office buildings and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics, and compatibility. Official zoning map.\ The map or maps, together with all subsequent amendments thereto, which are adopted by reference as a part of this ordinance and which delineate the zoning district boundaries. Open space.`, An area that is intended to provide light and air, and is designed, depending upon the particular situation, for environmental, scenic or recreational purposes. Open space may include, but need not be limited to, lawns, decorative plantings, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, and watercourses. Open space shall not be deemed to include structures, driveways, parking lots or other surfaces designed or intended for vehicular traffic. Open space, common.\ Open space that is accessible to all occupants of a particular development and is not restricted to use by occupants of an individual lot or structure. Open space ratio (OSR)A A measure, expressed as a percentage, of site open space determined by dividing the gross open space area of a lot, parcel or tract of land by the total area of that lot, parcel or tract of land. Parking area aisle.\ That portion of the parking area consisting of lanes providing access to parking spaces. Parking area, lot or structure."%' An off-street area for parking or loading and unloading, whether required or permitted by this ordinance, including driveways, access ways, aisles, and maneuvering areas, but not including any public or private street right-of-way. Parking space.\ A portion of the parking area set aside for the parking of one (1) vehicle. Patio.\ A level surfaced area, directly adjacent to a principal building, without walls or a roof intended for outdoor lounging, dining, and the like, which has an average elevation of less than thirty (30) inches from finished grade. Permeable materials.` A variety of product alternatives to traditional, impervious surface materials which allow for the infiltration of stormwater through the soil to more naturally reduce runoff volumes and filter pollutants. Increased infiltration occurs either through the paving material itself, or through void spaces between individual paving blocks (also called pavers). Materials may include, but are not limited to: pervious concrete, pervious asphalt, block and concrete modular pavers, and grid pavers. 26 Permit, building.\ An official document or certification permit that is issued by the building official and which authorizes the construction, alternation, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure. This permit should not be a substitute for a zoning permit. Permit, conditional use.,. A permit issued by the county board of supervisors authorizing the operation of a use under certain conditions and standards. Permit, special use.'. A permit issued by the county board of supervisors authorizing a use not otherwise provided for in this ordinance as a permitted or conditional use. Permit, zoning.", A permit issued by the zoning administrator that authorizes the recipient to make use of property in accordance with the requirements of this ordinance. Phase I archeological study.',. A survey of archaeological resources undertaken in accordance with the Secretary of the Interior's Standards and Guidelines (48 FR, 44742) as may be amended and the Guidelines for Conducting Cultural Resource Survey in Virginia prepared by the Virginia Department of Historic Resources, as may be amended. Photometric plan.', A diagram consisting of lines showing the relative illumination in foot candles from a Iight source or group of light sources. Planning commission.\ The Isle of Wight County Planning Commission. Porch.\ A projection from a main wall or a building which can be covered, with a roof, or uncovered. The projection may or may not use columns or other ground supports for structural purposes. Portable on demand storage units.'x Also known as a POD, a large container used for temporary storage. A POD is hauled to the property, loaded with items, hauled from the property and stored in a storage yard. Poultry!, Domestic fowl normally raised on a farm such as chickens, ducks, geese and turkeys. Preliminary and final site development plan.\ Site development plans prepared by a certified or licensed engineer, surveyor, architect or landscape architect, that is required for development proposals outlined in section 7-2004, preliminary and final site development plan requirements. Principal building or structure.\ A building or structure in which the primary or main use of the property on which the building is located is conducted and distinguished from an accessory or secondary building or structure on the same premises. Principal use.".,A use which represents the primary or main use of the land or structure which is distinguished from an accessory use on the same premises. 27 Proffer.\ A condition voluntarily offered by the applicant and owner for a rezoning that limits or qualifies how the property in question will be used or developed. Public water and sewer system.\ A water or sewer system owned and operated by a municipality or county, or owned and operated by a private individual or a corporation approved by the governing body and properly licensed by the state corporation commission or other applicable agency, and subject to special regulations as herein set forth. Public way.. Any sidewalk, street, alley, highway or other public thoroughfare. Recreation, active.\ Leisure activities, usually organized and performed with others, often requiring equipment and constructed facilities, taking place at prescribed places, sites, or fields. The term active recreation includes, but is not Iimited to, swimming, tennis, and other court games, baseball and other field sports, golf and playground activities. Recreation, passive.\ Recreation that involves existing natural resources and has a minimal impact. Such recreation does not require development of the site nor any alternation of existing topography. Such passive recreation shall include, but not be limited to, hiking, picnicking, and bird watching. Recreational vehicle.\ A vehicle designed to be self-propelled or permanently towable; and not designed for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use. Redevelopment.. The process of using land that contains or previously contained development. Required open space.\ Any space required in any front, side or rear yard. Residential plot plan.\ A plan submitted for the construction or location of all new single-family detached dwellings or two-family dwellings on an existing or platted lot. This plan shall meet the requirements of section 7-2002, residential plot plan. Right-of-way.\ A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other special use. Road.'', See "street." Satellite dish antenna.'.. See "antenna." Screening. The act of visually shielding or obscuring one (1) abutting or nearby structure or use from another by fencing, walls, berms, or required planted vegetation. Screen material.,, Materials that have been outlined in article VIII for the screening of service structures, equipment, and/or outdoor storage yards. Seasonal shading. % The practice of using plant material to capitalize on solar energy and light for heating and interior lighting purposes. An example would be using deciduous trees near windows to shade afternoon sun in the summer, but allow afternoon sun for heat and light through in the winter. Service building.''. A building used to house stationary or movable service equipment and mechanical equipment for the maintenance and function of onsite machinery. Setback.\ The required minimum horizontal distance between the building line and the related front, side, or rear property line. A setback is meant from a street not a driveway. Setback line.". A line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side, or rear yard, or the boundary of any public right-of-way whether acquired in fee, easement, or otherwise, or a line otherwise established to govern the location of buildings, structures or uses. Where no minimum front, side, or rear yards are specified, the setback line shall be coterminous with the corresponding lot line. Shopping center. � A grouping of architecturally unified and related retail establishments which are planned, developed, owned, and managed as a single operating unit, and which share interconnected walkways and parking areas. The establishments contained within a shopping center are related to each other and the market area served in terms of size, type, location, and market orientation. Shrub.\ A relatively low growing, woody plant typified by having several permanent stems instead of a single trunk. Shrub, deciduous.'. Any shrub which sheds its foliage during a particular season of the year. Shrub, evergreen.\ Any shrub which retains its foliage throughout the entire year. Simplified site plan.\ A plan submitted for a change or expansion of a commercial, civic, office or industrial use on an existing site and meets the requirements of section 7-2003. Site development plan, preliminary/final.',. A plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations pertaining to site plans in this ordinance. Includes lot lines, streets, building sites, reserved open space, buildings, major landscape features, both natural and manmade, and any other requirements outlined by article VII. Slope.\ The degree of deviation of a surface from the horizontal, usually expressed as a percentage. Slope shall be measured as the vertical rise or fall to horizontal distance of terrain measured perpendicular to the contour lines at horizontal intervals of more than ten (10) feet. 29 Solar orientation.'~ The practice of using building placement and design to capitalize on solar energy and light for heating and interior lighting purposes. Special flood hazard area.'-, The land in the floodplain subject to the one ( 1) percent or greater chance of being flooded in any given year. Specified anatomical area.'. Such areas include less than completely and opaque covered human genitals, pubic region, buttocks, female breasts below a point immediately above the top of the areola, and human male genital in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activity.. Such activity includes human genitals in a state of sexual stimulation or arousal, an act of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts. Start of construction.. For the purpose of floodplain management, other than new construction and substantial improvement, under the Coastal Barriers Resource Act, means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty ( 180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of pipes, the construction of columns, or any work beyond the state of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration on any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building. Storage., The keeping, either indoors or outdoors, of equipment, vehicles, or supplies used in the conduct of a trade, business, or profession. Stormwater management.\ For quantitative control, a system of vegetative and structural measures that control the increased volume and rate of surface runoff caused by manmade changes to the land; and for qualitative control, a system of vegetative, structural, and other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff. Stormwater management practice, nonstructural. '% A stormwater management technique that utilizes the ecological and environmental aspect of a site or area for the collection, conveyance, channeling, 30 holding, retaining, detaining, infiltration, diverting, treating or filtering of surface water, and/or runoff. Stormwater management practice, structural.'. A stormwater management technique that utilizes a manmade facility and/or apparatus for the collection, conveyance, channeling, holding, retaining, detaining, infiltration, diverting, treating or filtering of surface water, and/or runoff. Story.5, That portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, the space between the face and the ceiling next above it. Story, half.` A space under a sloping roof, which has the line of intersection of roof decking and wall not more than three (3) feet above the top floor level, and in which space more than two-thirds (2/3) of the floor area is finished off for use other than storage. Street.''. A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. A street serves three (3) or more lots. The word "street" shall include the words "road", and "highway". Street, arterial.\ A street specifically designed to move high volumes of traffic from collector streets through the county and not designed to serve abutting lots except indirectly through intersecting streets. Arterial streets shall include all U.S. Highways, state primaries with one-, two- or three -digit numbers, and any other street which the subdivision agent determines is functionally equivalent to these transportation department classifications. Street, collector.\ A relatively low -speed, low-volume street that provides circulation within and between neighborhoods. Collector streets usually serve short trips and are intended for collecting trips from local streets and distributing them to the arterial network. They also form a secondary network of cross county connectivity. Street, public.` A public street or street with respect to which an offer of dedication has been made and improvements completed which are consistent with the Isle of Wight County Subdivision Ordinance and the requirements of the Virginia Department of Transportation or a street or portion thereof which is included in the state primary or secondary road system. Structure.\ Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. Among other things, structures include buildings, mobile and manufactured homes, walls, fences, signs, piers, and swimming pools, etc. For the purpose of floodplain management, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as manufactured home. 31 Subdivision.\ The division or resubdivision of a lot, tract, or parcel of land by any means into two (2) or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development. The term subdivision shall also mean the following: 1. Any development of a parcel of land which involves installation of sanitary sewers, water mains, gas mains or pipes, or other appropriate facilities for the use, whether immediate or future, of the owners or occupants of the land, or of the building abutting thereon. 2. Any development of a parcel of land involving two (2) or more principal structures or involving shopping centers, multiple dwelling projects and the like which require the installation of streets and/or alleys, even though the streets and alleys may be not dedicated to public use and the parcel may be divided for purposes of conveyance transfer or sale. 3. Any development of a parcel of land involving two (2) or more principal structures or involving shopping centers, multiple dwelling projects and the like which require the installation of streets and/or alleys, even though the streets and alleys may not be dedicated to public use and the parcel may not be dedicated to public use and the parcel may not be divided for purposes of conveyance, transfer or sale. 4. The term "subdivision" includes re -subdivision, and as appropriate in this ordinance, shall refer to the process of subdividing the land or to the land subdivided. Substantial damage.\ Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damaged occurred. Substantial improvement.-. Damage of any origin sustained by a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. For the purpose of floodplain management, the term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; 32 2. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as historic structure; or 3. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined above, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure. Tower.\ Any structure that is intended for transmitting or receiving television, radio, telephone, digital, or other similar communications or is used to support a communication antenna or other similar device. Tract.", See "lot." Traffic impact analysis (TIA).\ An analysis of the effect of traffic generated by a development on the capacity, operations, and safety of the public street and highway system. Tree, deciduous.`. Any tree which sheds its foliage during a particular season of the year. Tree, evergreen.'. Any tree which retains its foliage throughout the entire year. Tree, heritage.\ Any tree or shrub which has been designated by ordinance of the Isle of Wight County Board of Supervisors as having notable historic or cultural significance to any site or which has been so designated in accordance with an ordinance adopted pursuant to Section 15.2-543 of the Code of Virginia, as amended. Tree, mature.\ Any deciduous or evergreen tree with a minimum diameter of fourteen (14) inches when measured four and one-half (412) feet above ground level. Tree, significant.. Any deciduous or evergreen tree with a minimum diameter of twenty-two (22) inches when measured four and one-half (4!.•2') feet above ground level. Trip generation. The number of trip ends caused, attracted, produced, or otherwise generated by a specific land use, activity, or development in accordance with the latest edition of the trip generation manual, published by the institute of transportation engineers. UseA The purpose or activity, for which a piece of land or its buildings is designed, arranged or intended, or for which it is occupied or maintained. 3 Use, permitted.\ A use, which may be lawfully established in a particular district or districts, provided it conforms with all regulations, requirements, and standards of this ordinance. Utility facility.\ Any above or below ground structure or facility (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility for any purpose and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas oil, or electromagnetic signals. Variance./ A waiver of the dimensional and numeric requirements of this ordinance approved by the board of zoning appeals in accordance with section 1-1019 of this ordinance. Vehicle.%. See "motor vehicle." Vehicle moving area.`Any area on a site where vehicles park or drive. Video arcade.''.. See "commercial indoor amusement" listed under commercial use types. Violation.\ For the purpose of floodplain management, the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance as outlined in the floodplain management overlay district regulations. Watercourse.\ Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash, in and including any area adjacent thereto which is subject to inundation by water. Wooded area.\ An area of contiguous wooded vegetation where trees are at a density of at least one (1) six-inch or greater diameter at breast height (DBH) tree per three hundred twenty-five (325) square feet of land and where the branches and leaves form a contiguous canopy. Xeriscaping.'-. Site design and/or gardening techniques which may include the use of native ands or drought tolerant plants to create a landscape or environment which does not require any form of supplemental irrigation after twenty-four (24) months from the time of installation. Yard.,. An open space on the same lot with a building or structure, unoccupied and unobstructed from the ground up, except as otherwise permitted in this ordinance. Yard, corner side.''. A side yard adjoining a public or private street. 34 Yard, front.`. A yard extending along the full width of the front lot line between the side lot lines and from the front lot line to the front building line in depth. Yard, interior side.'.,. A side yard, which is located immediately adjacent to another lot or to an alley separating such yard from another lot. Yard, rear.'.. A yard extending along the full length of the lot and lying between the rear lot line and the nearest line of the building. Rear yard depth shall be measured at right angles to the rear line of the lot. Yard, side.. A yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such front or rear yards, to the front or rear lot lines. Side yard width shall be measured at right angles to side lines of the lot. Zero lot linea The location of a structure on a lot in such a manner that one (1) of the structure's sides rest directly on a lot line. Zoning administrator.\ The person designated as the official responsible for enforcing and administering all requirements of the Isle of Wight County Zoning Ordinance, or his duly authorized designee. Zoning, base district.%. Those base underlying zoning districts other than special overlay districts set forth in article IV. Zoning, planned development district.'. Land area of minimum size, as specified by district regulations, to be planned and developed using a common master zoning plan, and containing one (1) or more uses and appurtenant common areas. Zoning, special overlay district.\ A district, which is placed over the existing base zoning and imposes additional restrictions and includes all those districts listed as special overlay zoning districts in article IV. Zoning, underlying district.%. See "zoning, base district." • Sec. 3-4000. - Civic use types. Administrative service.\ Governmental officials providing administrative, clerical or public contact services that deal directly with the citizen. Typical uses include federal, state and county offices. Adult care center.\ A facility that provides care to adults during part of the day only and which includes personal supervision of the adults and promotes social, physical, and emotional well-being through companionship, self -education and leisure time activities. Assisted Iiving facility.\ Any congregate residential setting that provides personal and health care services, twenty -four-hour supervision, meals, housekeeping and assistance (scheduled or unscheduled) for the maintenance, or care of four (4) or more adults 35 who are aged, infirm or disabled and who are cared for in a primarily residential setting. Residents are primarily in good health and are in need of residential care rather than medical treatment. Cemetery.\ A place used for interment of human or animal remains or cremated remains, including a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments, or a combination thereof. Cemetery, animal.\ A parcel of land or portion thereof, buildings, and/or structures used for the interring of animal remains. Cemetery, church.\ A parcel of land or portion thereof, buildings, and,/or structures, owned and operated by a church, used for the interring of human remains. Cemetery, private.\ A parcel of land or portion thereof, buildings, and/or structures, privately owned and operated, used for the interring of human remains. Cemetery, public.\ A parcel of land or portion thereof, buildings, and/or structures, owned and operated by the county, state, or federal government, used for the interring of human remains. Child care center!, A child day program offered to two (2) or more children under the age of thirteen (13) in a facility that is not the residence of the provider or of any of the children in care. Child care institution.\ Any institution maintained for the purpose of receiving children for full-time care, maintenance, protection and guidance separated from their parents or guardians. This shall not include primary or secondary educational facilities or summer camps. Club.\ A use providing meeting, or social facilities for social clubs, fraternal/sororal organizations, lodge, and similar organizations and associations, primarily for use by members and guests. Recreational facilities, unless otherwise specifically cited in this section, may be provided for members and guests as an accessory use. This definition excludes hunt clubs and dance halls, which are defined separately. Community center.'. A place, structure, or other facility used for providing civic and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community. This use can also be referred to as a convention or civic center. Correctional facility.\ A publicly or privately operated use providing housing and care for individuals legally confined, designed to isolate those individuals from the community. 36 Crisis center.x, A facility providing temporary protective sanctuary for victims of crime or abuse, and homelessness including emergency housing during crisis intervention for individuals, such as victims of rape, child abuse, or physical beatings. Cultural service.\ A library, museum, or similar public or quasi - public use displaying, preserving and exhibiting objects of community and cultural interest in one (1) or more of the arts or sciences. Such uses shall include, but are not limited to, libraries, museums, art galleries, and art centers. Educational facility, college/university.', An educational institution authorized by the Commonwealth of Virginia to award associate, baccalaureate or higher degrees. Educational facility, primary/secondary."', A public, private or parochial school offering instruction at the elementary, junior and/or senior high school levels in the branches of learning and study required to be taught in the public schools of the Commonwealth of Virginia. Halfway house.\ An establishment providing accommodations, rehabilitation, counseling, and supervision to persons suffering from alcohol or drug addiction or similar disorders, and/or to persons re- entering society after being released from a correctional facility or other institution. Life care facility.\ A residential facility primarily for the continuing care of the elderly, providing for transitional housing progressing from independent living in various dwelling units, with or without kitchen facilities, and culminating in nursing home -type care, where all related uses are located on the same lot. Such facility may include other services integral to the personal and therapeutic care of the residents. Modular classroom.\ Portable, prefabricated buildings which are constructed off site and used as temporary facilities in relation to expanding educational facilities. Nursing home.\ A facility whose primary function is to provide nursing and health-related services for the treatment and inpatient care of two (2) or more unrelated individuals, including facilities known as convalescent homes, skilled nursing facilities or skilled care facilities, intermediate care facilities, extended care facilities and nursing or nursing care facilities. A hospice is also included in this use. Excluded from this use type is any facility providing surgical or emergency medical services and facilities providing care for alcoholism, drug addiction, mental disease, or communicable disease. 37 Park and ride facility.l A publicly owned, short-term parking facility for commuters. Post office.\ Postal services directly available to the consumer operated by the United States Postal Service. Public sports/event facility.% Facilities owned and operated by a government or quasi -government agency accommodating public assembly for sports, amusements, or entertainment purposes. Typical uses include auditoriums, sports auditorium, convention facilities, fairgrounds, and incidental sales and exhibition facilities. Public maintenance and service facility.`.: A government owned or operated facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and similar activities. Public park and recreational area.", Government owned and operated park, picnic area, playground, indoor or outdoor athletic facility, game preserve and open space. Public safety service.l Facility for the conduct of safety and emergency services for the primary benefit of the public, whether publicly or privately owned and operated, including police and fire protection services, emergency medical and ambulance services, and helicopter landing sites. Religious assemblyA A use providing regular organized religious worship and related incidental activities within or out of a structure including accessory uses, such as day care facilities, but not including educational facilities, primary and secondary. Rehabilitation service.l A use providing recuperative or similar services for persons requiring rehabilitation assistance as a result of physical, mental illness, alcoholism, detention, drug addiction, or similar conditions for only part of a twenty -four-hour day. Transit station.l A passenger station for vehicular, and rail mass transit systems, including facilities providing maintenance and service for the vehicles operated in the transit system. Included in this definition are buses, taxis, railway, etc. Utility servicelmajorA A service of a regional nature which normally entails the construction of new buildings or structures such as generating plants and sources, electrical switching facilities and stations or substations, community wastewater treatment plants, and water supply and production in excess of fifty thousand (50,000) gallons per day. Included in this definition are also electric, gas and other utility transmission lines of a regional nature that are not otherwise reviewed and approved by the Virginia State Corporation Commission. Utility service/minora\ A service which is necessary to support development within the immediate vicinity and involve only minor structures. Included in this use type are distribution lines and small facilities that are underground or overhead, such as transformers, relay and booster devices, remote switching stations, well water, and sewer pump stations. (7-7-05; 5-27-10; Ord. No. 2012-10-C, 10-18- 12; 3-20-14; 7-17-14.) Sec. 3-6000. - Commercial use types. Adult entertainment establishment.\ An establishment having a substantial or significant portion of its stock in trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or related to "specified sexual activities" or "specified anatomical areas," or an establishment with a segment or section devoted to the sale or display of such material. This use includes any adult bookstore, adult mini -motion -picture theater, adult picture theater, cabaret, or drug paraphernalia store. 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 are sold by auction on a recurring basis. Expressly excluded from this use are non-recurring auctions of property, possessions, estates, and other items located at the premises where the auction is being conducted. Bed and breakfast.\ A dwelling or portion thereof, in which lodging is provided by the owner or operator who resides on the premises. This use offers short-term lodging rooms and meals for transient guests, none of who remain for more than fourteen (14) consecutive nights each. This definition shall include the term tourist home. Boarding house.', A single-family dwelling unit, or part thereof, with three (3) or more rooms that are rented individually or collectively by long-term residents (at least month-to-month tenants) as opposed to overnight or weekly guests. A boarding house may make provisions for serving meals. Boat repair yard.. See "marina" listed under commercial use types. Boating and fishing facilities.. Facilities catering to the general public, whether an admission is charged or not, where provisions are made for fishing from the shoreline or from a pier and/or launching or rental of boats are available on-site. _�, Business support service.". Establishment or place of business engaged in the sale, rental or repair of office equipment, supplies and materials, or the provision of services used by office, professional and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, mail and packaging stores, as well as temporary labor services. Business or trade school.`, A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as an educational facility, either primary and secondary, or college and university, or as a home occupation. Campground./. Any site, lot, parcel or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and recreational equipment, recreational vehicles, and which is primarily used for recreational purposes and retains an open air or natural character. Campground, workforce., A small campground facility intended for the temporary workforce routinely required by establishments in the community for periods of up to one hundred and twenty (120) days at a time, and are intended to have only the minimum essential services necessary for recreational vehicles. Car wash.", Washing and cleaning of vehicles. Typical uses include automatic conveyor machines and self-service car washes. Catering.\ Any establishment engaged in the preparation of food and beverages, or where food containers or supplies are kept, handled, prepared, packaged or stored for off-site distribution to individuals, events, and satellite operations. 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 other than an incidental use of the premises. Games would include pinball and video machines, pool and billiard tables and other similar amusement or entertainment devices, whether or not they are coin-operated, and also card games, bingo, and off-track betting. Typical uses include game rooms, pool halls, video arcades, and bingo parlors. Commercial indoor entertainment.\ Predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, drama theaters, concert or music halls. Commercial indoor sports and recreation.\ Predominantly participant uses conducted within an enclosed building. Typical uses include bowling alleys, ice and roller skating rinks, indoor racquetball, squash courts, swimming, and/or tennis facilities, archery and indoor shooting ranges and similar uses. Commercial outdoor entertainment/sports and recreation.. Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include motor vehicle, boat, motorcycle or animal racing facilities/complexes, drive-in movies, miniature golf, amphitheaters and outdoor amusement parks, motorized cart and motorcycle tracks, and motorized model airplane flying facilities. Professional and semi-professional athletic fields shall also be included in this use. Commercial outdoor swimming pool and tennis facility. Outdoor pools or tennis facilities operated by a commercial entity that are open to the general public usually requiring membership or some form of payment. Construction office, temporary.\ A trailer used as a temporary office during a construction operation. This use includes construction office trailers occupied in conjunction with residential or nonresidential development. Construction sales and service.\ Establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures, but specifically excluding motor vehicle or equipment supplies otherwise classified herein. Typical uses include building material stores and home supply establishments. Contractor office and storage facility.\ An establishment or place of business engaged in the construction of residential or commercial structures 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 41 not exceeding ten (10) percent of the total floor area of the establishment shall not be considered a dance hall. Equipment sales and rental.l 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. Event center.l A multipurpose facility with flexible indoor/outdoor space, typically used for activities such as weddings, conventions, meetings, job fairs, and trade shows. 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 homeA 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 centerA Establishments engaged primarily in the retail sale of trees, shrubs, seeds, fertilizers, pesticides, plants, plant materials, and garden supplies, primarily for agricultural, residential and commercial consumers. Gasoline station.\ A facility for the retail sale of motor vehicle fuels, oils, and accessories, where repair is incidental, where no more than two (2) abandoned vehicles or other motor vehicles shall be stored on the premises. May include the sale of propane or kerosene as an accessory use. General store, country."., A single store, the ground floor area of which is four thousand (4,000) square feet or less and which offers for sale, primarily, most of the following articles: bread, milk, cheese, candy, papers and magazines, and general hardware articles. Gasoline may also be offered for sale but only as a secondary activity of a country general store. Golf course.l 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. HospitalA A building or group of buildings having room facilities for one (1) or more patients, used for providing services for the 42 inpatient medical or surgical care of sick or injured humans and which may include related facilities such as laboratories, outpatient departments, training facilities, central service facilities, ambulance stops and helicopter landing sites, and other incidental and subordinate uses integral to hospital operations. Hospital, special care.\ A special care hospital shall mean an institution rendering care primarily for patients with mentally -related illness, or under treatment for alcoholism, substance abuse, etc. Hotel/motel/motor lodge/innA A building or group of attached or detached buildings containing lodging units intended primarily for rental or lease to transients by the day or week. Such uses generally provide additional services such as daily maid service, restaurants, taverns, or public banquet halls, ballrooms, and meeting rooms and/or recreation facilities. Kennel, commercial.\ The boarding, breeding, raising, grooming or training of two (2) or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises. Laundry.\ Establishments primarily engaged in the provision of laundering, cleaning or dyeing services other than those classified as personal services. Typical uses include bulk laundry and cleaning plants, diaper services, or linen supply services. Lawn and garden services.. Establishments primarily engaged in performing a variety of lawn and garden services, including Bermuda sprigging services, cemetery upkeep, garden maintenance, garden planting, lawn care, lawn fertilizing services, lawn mowing services, lawn mulching services, lawn seeding services, lawn spraying services, lawn sprigging services, mowing highway center strips and edges, seeding highway strips, sod laying and turf installation. Manufactured home sales."% Establishment primarily engaged in the display, retail sale, rental, and minor repair of new and used manufactured homes, parts, and equipment. Marina.' A use for docking or mooring of more than four (4) boats (excluding paddle or rowboats) or providing services to boats, including servicing and repair, sale of fuel and supplies, and provisions of lodging, goods, beverages. A yacht or boat club shall be considered a marina. Medical clinic.\ A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis including emergency treatment, diagnostic services, training, administration and services to outpatients, employees, or visitors. This use may include ambulance stops, helicopter landing sites, and other incidental and subordinate uses integral to providing outpatient care. 43 This would include medical offices in excess of ten thousand (10,000) square feet of floor area. Micro -brewery, distillery, cidery.l See "Brewery, distillery, cidely" listed under industrial use types. A micro -brewery, distillery, cidery shall not exceed 15,000 barrels per year in production. Mini-warehouse.i A building designed to provide rental storage space in cubicles where each cubicle has a maximum floor area of four hundred (400) square feet. Each cubicle shall be enclosed by walls and ceiling and have a separate entrance for the loading and unloading of stored goods. Motor vehicle dealership, new.\ The use of a building, land area or other premises for the display of new and used automobiles, trucks, vans, or motorcycles for sale or lease, including warranty repair work and other major and minor repair service conducted as an accessory use. Motor vehicle dealership, used.\ Any lot or establishment where two (2) or more used motor vehicles, including automobiles, trucks, and motorcycles are displayed at one (1) time for sale or lease, including warranty repair work and other major and minor repair service conducted as an accessory use. Motor vehicle/outdoor storage.', The outdoor storage of operable motor vehicles, and boats. Motor vehicles in this use shall include cars, trucks, sports utility vehicles, motorcycles, boats, motor homes or RVs. This use shall specifically include vehicle impound areas for operable vehicles. Motor vehicle parts/supply, retail.", Retail sales of automobile parts and accessories. Typical uses include automobile parts and supply stores which offer new and factory rebuilt parts and accessories, and include establishments which offer minor automobile repair services. Motor vehicleirental.l 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 servicelmajor.\ 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 servicelminorA Repair of automobiles, noncommercial trucks, motorcycles, motor homes, recreational EE vehicles, or boats, including the sale, installation, and servicing of equipment and parts. Typical uses include tire sales and installation, wheel and brake shops, oil and lubrication services, automobile glass repair and similar repair and service activities where minor repairs and routine maintenance are conducted. Pawn shop.`: A use engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker and the incidental sale of such property. Personal improvement service.' Establishment primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include driving schools, health fitness centers or gyms, reducing salons, dance studios, handicraft and hobby instruction, and baseball and basketball instruction facilities. Personal service.-% Establishment or place of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops; grooming of pets; seamstresses, tailors, or shoe repairs; florists; and laundromats and dry cleaning stations serving individuals and households, massage therapy and chiropractic services. Real estate office, temporary." A Class A or B manufactured home, single-family home or other structure used on a temporary basis as a real estate sales office in conjunction with residential development. Recreational vehicle sales and serviceA Retail sales of recreational vehicles and boats, including service and storage of vehicles and parts and related accessories. Restaurant, drive-in fast food.,-. An establishment primarily engaged in the preparation of food and beverages, for either take-out, delivery or table service, primarily served in disposable containers at a counter, a drive -up or drive-through service facility or offers curb service. Restaurant, general.' An establishment engaged in the preparation of food and beverages. This use is characterized by table service to customers in nondisposable containers. Retail salesA 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 artsA A building, or portion thereof, used as a place of business for visual art, which may include sculptors, artists or photographers. 45 Tattoo parlor.", Any establishment placing designs, letters, scrolls, figures, symbols or any other mark upon or under the skin of any person with ink or other substance resulting in the permanent coloration of the skin, including permanent makeup or jewelry, by the aid of needles or any other instrument designed to touch or puncture skin, except when performed by a medical doctor, veterinarian, registered nurse or other medical professional licensed pursuant to title 54.1 of the Code of Virginia in the performance of professional duties. Such establishment may also perform body piercing. 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 hospitallclinic.l Any establishment rendering surgical and medical treatment of animals. Boarding of animals shall only be conducted indoors, on a short-term basis, and shall only be incidental to such hospital/clinic use, unless also authorized and approved as a commercial kennel. Wholesale sales.. Businesses engaged in the sale of goods primarily via mail order to other businesses andr`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. Article IV. — Zoning Districts and Boundaries. Part 1. - Zoning Districts and Boundaries. Sec. 4-1000. - Districts established. The unincorporated areas of Isle of Wight County, Virginia, are hereby divided into zoning districts of such number and character as are necessary to achieve compatibility of uses within each district. Zoning districts serve to implement the goals and objectives of the Isle of Wight County Comprehensive Plan including related official plans and the other purposes of this ordinance, which are detailed in article I. (7-7-05.) Sec. 4-1001. - Purpose and intent. EEO Isle of Wight County shall be divided into base zoning districts; special overlay districts, and planned development classifications. The districts shall be established to regulate the location of trades, industries, and buildings erected or altered for specific uses; to regulate the height and bulk of buildings hereafter erected or structurally altered; to regulate population density and the intensity of the use of lot areas; and, to regulate the areas of yards, courts, and other open spaces within and surrounding such buildings. For the purpose of this ordinance, all land and water areas in the county are hereby divided into zoning districts, which shall be designated as follows: RURAL DISTRICTS RAC Rural Agricultural Conservation District+ RR Rural Residential District VC Village Center District NC lNeighborhood Conservation District RESIDENTIAL DISTRICTS SE Suburban Estate District i SR I Suburban Residential District UR Urban Residential District COMMERCIAL DISTRICTS LC ILimited. Commercial District i GC I General Commercial District INDUSTRIAL DISTRICTS Limited Industrial District General Industrial District GIC lGeneral Industrial Conservation Distrix PLANNED DEVELOPMENT ZONING DISTRICTS PD -R IPlanned Development Residential District PD -MH IPlanned Development Manufactured Home Park District PD -CP Planned Development Commercial Park District PD -MX I Planned Development Mixed -Use District PD -IP j Planned Development Industrial Park District SPECIAL OVERLAY DISTRICTS HCO I Highway Corridor Overlay District NDSO lNewport Development Service Overlay District 47 HO I Historic Overlay District FPMO Floodplain Management Overlay District Sec. 4-1002. - Official zoning map. The location and boundaries of this ordinance are as indicated on a map entitled "Official Zoning Map of Isle of Wight County, Virginia", a copy of which shall be on file in the office of the zoning administrator. The official zoning map, with all explanatory materials thereon, is a part of this ordinance and the same shall be deemed as much part of this ordinance as if the same were fully set forth herein. (7-7-05.) Sec. 4-1003. - Interpretation of zoning district boundaries. A. A district is represented by name in this ordinance and by letter or letter number combination or name-and-number combinations on the official zoning map. Where an area on the map is designated as a certain district, the zoning regulations pertaining to that district shall prevail. B. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the official zoning map, the following rules shall apply: 1. Boundaries shown as following or approximately following the limits of any municipal corporation shall be construed as following such limits. 2. Boundaries shown as following or approximately following streets shall be construed to follow the centerlines of such streets. 3. Where a boundary line is shown adjoining or coincident with a railroad, it shall be deemed to be in the center of the railroad right-of-way. Distances shown as a measure from a railroad track shall be measured from the center of the designated track. 4. Boundaries shown as following or approximately following the centerlines of streams, rivers, or other continuously flowing watercourses shall be construed as following the channel centerline of such watercourse taken at mean low water, and in the event of natural change in the location of such streams, rivers, or other watercourses, the zone boundary shall be construed as moving with the channel centerline. 5. Boundaries shown as separated from, and parallel or approximately parallel to, any of the features listed in subsections (1) through (4) of this section shall be construed to be parallel to such features and at such distances there from as are shown on the map. 6. Any abandoned public street shall have the adjoining zoning extended to the centerline of the road. 48 7. If the actual location of any street, alley, or stream varies slightly from the location as shown on the zoning map, then the actual locations shall control. 8. In unsubdivided property, unless otherwise indicated, the district boundary line on the map shall be determined by the use of the scale contained on such map. (7-7-05.) Sec. 4-1004. - Amendments to the official zoning map. A. Amendments to the official zoning map are accomplished using the same procedures that apply to other amendments to this ordinance, as set forth in article I, general provisions. B. The zoning administrator shall update the official zoning map as soon as possible after amendments to it are adopted by the board of supervisors. Upon entering any such amendment on the map, the administrator shall change the date of the map to indicate the latest revision. C. No unauthorized person may alter or modify the official zoning map. D. The zoning administrator shall keep copies of superseded prints of the zoning map for historical reference. (7-7-05.) Sec. 4-1005. — Table of permissible uses. TABLE OF PERMISSIBLE USES Use Descriptions RA R V N S S IRIRICI U L GC LI G GI PD C RIC CIE I C R AGRICULTURAL USE TYPES Conditional Use Agricultural Crop Service Tower and P C P C Antenna {*} Agricultural Farm Equipment Sales C C P P P P P and Service Agricultural Farm Product Processing, P P C P P P Warehousing and Distribution Service Agricultural Feed Seed and Farm C P P P P P P Supply Service Agricultural P P P P P P P P Service/Agent Agriculture P P P C C C C Agritourism {See P P P Part 2A} Aquaculture P P P C C C C C Aquaculture, C C P I I C C C C Use Descriptions RA R V N S S U L GC LT G IC GI PD C R C C E R R C I_ R Waterfront Business Commercial P C C P Feedlot (*) Fair, Agricultural P C Farm Employee C C C Housing(*) Farmer's Market P P P P P Forestry Operation, Silvicultural and/or P P P P P P P P P P P P P Timbering (*) Greenhouse, Commercial and/or Nurser • In conjunction P C P C C with residence • Not in conjunction P P P P P P P with residence Greenhouse, P p p p p C C C C C Private Livestock Auction P C C P C Market (*) Reptile Breeding (*) C I C Ic Sawmill (*) P C C P P P Stable, Commercial (*) R In conjunction with residence P C C C C C ■ Not in conjunction P C C C with residence Stable, Private (*) p P Ic C C C Viticulture p p IP C I C C C Wayside Stand (*) P P 1P 1C RESIDENTIAL USE TYPES Conditional Use Accessory Apartment M • Residential Accessory P P P* C P* C C P* Apartment • Commercial I I I C I IP P IP 50 Use Descriptions RA R V N S S U L GC LI G GI PD C R C C E R R C I C R Accessory Apartment Boathouse (*) P P P P IP IP C I I C Community C C C C C P Recreation (*) Condominium (*) C P P Dwelling, Multifamily C C C C C P C Conversion (*) Dwelling, Single P P P P P P P P Family Dwelling, Single P Family, Farm Dwelling Two- C C C C P P P Family Duplex (*) Family Day Care P P P P P P P P Home (*) Group Home P P P P P IP P C C Guest House (*) P P C C Home Occupation, P P P P P P P P Te I (*) Home Occupation, P P C C Type II (*) Kennel, Private (*) P P Manufactured P P C Home, Class A (*) Manufactured P Home, Class B (*} Manufactured Home, Class C Manufactured Home, Family P Member Residence (*) Manufactured Home, Temporary P Residence (*) Manufactured Home Park Manufactured Home Subdivision Multifamily C C P P Dwelling (*) Temporary Pip] P P P P P Emergency Housing 51 Use Descriptions RA R V N S S U L GC LI G GI PD C R C C E R R C I C R (*) Townhouse I I Ic ic I ic P P CIVIC USE TYPES Conditional Use Administrative P P P P P P P Service Adult Care Center C C C P P P P C N Assisted Living C C C P C Facility Cemetery (*) • Animal C C C C • Church C C C C C C C C C C • Private C C C C C C C • Public C C C C C C C Child Care Center (*) C C C C C P P P C Child Care Institution (*} C C C C C C Club C C C C C C C P P C Community Center C P P P P (*} Correctional C C C Facility Crisis Center C C IC P P Cultural Service C C P C C C C P P P Educational Facility College/ C C C C University Educational Facility C C C C C C P P P P Primary/Secondary {*) Halfway House C C C C C C C P C Life Care Facility C C IC C C C P P P P Modular Classroom P P P P P P P P P P (*) Nursing Home (*) C C C C C C C P P P Park & Ride P C P P P P P C Facility Post Office P P C C C P P P Public Sports/Event C C C P P Facility Public Maintenance C C I I I—C C P P I P 52 Use Descriptions RA R S S U L . GC . G GI PD C IR C C E R R �04 I C R & Service Facility (*} Public Park & Recreational Area P P P P P P P P P P (*) Public Safety P C P C C C C P P P P P C Service Religious Assembly C C C C C C C C C C {*) Rehabilitation C P P Service Transit Station C C C P P P P Utility C C C C C C C C C C C C C ServicelMa'or {*) Utility P P P P P P P P P P P P P Service/Minor {*) OFFICE USE TYPES Conditional Use Financial C P P Institution General Office C C P P P P Laboratory C P P P P Medical Office C C P P COA ERCIAL USE TYPES Conditional Use Adult Entertainment C Establishment {*) Antique Shop {*) C C P P Auction C C C P P P P Establishment Bed & Breakfast (*) C C 1P C C C C C C C Boarding House C C Ic C C C C C Boating and C C C C C P P Fishing Facilities Business Support P P C Service Business or Trade C C C P P P P School Campground (*) C _ Campground, C Workforce (*) 5 Use Descriptions IIA R V N S S U L GC LI G GI PD C. R.. C__;_ C E R R C I C R Car Wash C P P P P Catering C P Commercial Equipment Repair, P C P C C C Accessory to Dwelling (*) Commercial Indoor C C P P Amusement Commercial Indoor C C P P C Entertainment Commercial Indoor Sports & C C C P P P C Recreation (*) Commercial Outdoor C C C C C Entertainment/Spor is & Recreation (*) Commercial Outdoor Swimming C C C C C C C C C C Pool & Tennis Facility (*) Construction Office, Temporary P P P P P P P P P P P P P (*) Construction Sales C P P P P & Service Contractor Office and Storage Facility C C C P P P P (*} Convenience Store C C C C P P (*} Crematorium (*) C C C C C Dance Hall C C C Equipment Sales & C C P P P Rental Event Center C P P P Flea Market (*) C C C C C C Funeral Home (*) C C P P C Garden Center (*) C C P P P P P Gasoline Station (*) C C C C C C General Store, Country C C C P C Golf Course (*) C C C FC -1c C C P P P 54 Use Descriptions RA R VN 'S S U L GC Lf G CSI PD C R C C R R R C I C R Golf Driving Range C C P P P Hospital 1C P Hospital, Special C C Care Hotel/Motel/Motor C C P C Lodge/Inn Kennel, C C C C C Commercial (*) Laundr C P P Lawn and Garden P P P P P Services Manufactured C C Home Sales Marina (*) C C C C C C C C P C C Medical Clinic C C P Micro -Brewery, Distillery, Cidery C P P P P (*) Mini -Warehouse C C P P P (*) Motor Vehicle C P Dealership/New (*) Motor Vehicle C C Dealership/Used (*) Motor Vehicle/ C P P P Outdoor Storage Motor Vehicle Parts/ Supply, C P P P P Retail (*) Motor Vehicle/ C P P P Rental (*) Motor Vehicle Repair C C P P P Service/Major (*} Motor Vehicle Repair C C P P P Service/Minor (*} Pawn Shop C P P Personal Improvement C P P C Service Personal Service C P P C Real Estate Office, P P P P P P P P Tem orar Recreational C C 55 Use Descriptions RA R U N S S U L GC LI G GI PD C R C C E R R C I C IR Vehicle Sales & Service Restaurant, Drive - In C C P C Fast Food (*) Restaurant, C C C P C General Retail Sales C C P P P Studio, Fine Arts C C C P P P Tattoo Parlor C P P P Taxidermy (*) P C C P P P Truck Stop C C I P P Veterinary Hospital/ p C P P P Clinic Wholesale Sales C C I Fl- I P P P EEP INDUSTRIAL USE TYPES Conditional Use Abattoir or Livestock C C P Processing (*) Asphalt Plant {*) C C Brewery, Distillery, P P P Cider Construction Yard C P P P NC Custom C C C P P P Manufacturing Industry, Type I C P P P Industry, Type II C P P Industry, Type III C I C Landfill, Industrial C C C C {*) Landfill, Rubble (*) C C C C Landfill, Sanitary C {*) Meat Packing P P Recycling Center (*) C P P P Refuse & Recycling C C C P P P Center Resource C C C Extraction (*) Scrap & Salvage C LC C C Use Descriptions RA R V N S S U L GC LI G GI PD C R C C E R R C I C R Service (*) Shipping Container P P P (*} Towing Service C C C Storage Yard (*) Transfer Station C P P P Warehousing & C P P P Distribution MISCELLANEOUS USE TYPES Conditional Use Amateur Radio Tower (*) P P P P P P P P P P P P P Aviation Facility, C C C Commercial (*) Aviation Facility, C C C General (*) Aviation Facility, C C C C Private (*) Communication C C C C C C C C C Tower (*) Composting System, Confined C Vegetative Waste or Yard (*) Hunt Club p C Parking Facility, C C C C C Surface/Structure Reconstructed p C C C C C C C C C C C P Wetland (*) Shooting Range, C C C Outdoor (*) Turkey Shoot (*) P C C END TABLE OF PERMISSIBLE USES Part 2. - Rural Agricultural Conservation (RAC) District. Sec. 4-2001. - General description. 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 57 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. 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 product processing, warehousing and distribution service Agricultural service/agent Agriculture Agritourism (See Part 2A, Agritourism) Aquaculture (See Part A, Agritourism) Aquaculture, waterfront business * Commercial feedlot Fair, agricultural Farmer's market * Forestry operation, silvicultural and/or timbering * Greenhouse, commercial and/or nursery Greenhouse, private * Livestock auction market * Sawmill * Stable, commercial • In conjunction with residence • Not in conjunction with a residence * Stable, private Viticulture * Wayside stand B. Residential uses: * Accessory apartment • Residential accessory apartment * Boathouse 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: Administrative service Modular classroom - Park and ride facility Post office Public park & recreational area Public safety service * Utility service/minor D. Commercial uses: * Commercial equipment repair, accessory to dwelling * Construction office, temporary Lawn and garden services Real estate office, temporary * Taxidermy Veterinary hospital/clinic E. Miscellaneous uses: * Amateur radio tower Hunt club * Reconstructed wetland * Turkey shoot 59 Sec. 4-2003. - Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017, conditional uses. An asterisk (*) indicating additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: 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, multifamily conversion * Dwelling, two-family duplex C. Civic uses: * Adult care center Assisted living facility * Cemetery • Animal • Church • Private • 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 Life Care Facility M *Nursing home Public sports.'event facility * Public maintenance and service facility * Religious assembly * Transit station * Utility service/major D. Commercial uses: * Antique shop Auction establishment * Bed and breakfast Boarding house Business or trade school * Campground * Campground, workforce * Commercial indoor sports and recreation * Commercial outdoor entertainment/sports and recreation * Commercial outdoor swimming pool and tennis facility * Contractor office and storage facility Convenience store * Crematorium Equipment sales and rental Flea market Funeral home * Garden center Gasoline station General store, country * Golf course * Golf driving range * Kennel, commercial * Marina Studio, fine arts 61 Wholesale sales E. Industrial uses: * Abattoir or livestock processing * Construction yard Custom manufacturing Industry, Type I * Landfill, industrial * Landfill, rubble * Landfill, sanitary * Recycling center Refuse and recycling center * Resource extraction * Scrap and salvage service Transfer station Warehousing and distribution F. Miscellaneous uses: * Aviation facility, commercial * Aviation facility, general * Aviation facility, private * Communication tower Composting system, confined vegetative waste or yard * Shooting range, outdoor Sec. 4-2004. - Required zoning. All proposed residential subdivisions on properties zoned RAC, other than those expressly exempted in the Isle of Wight County Subdivision Ordinance, shall require rezoning to one (1) of the following zoning classifications prior to final approval of the subdivision plat by the subdivision agent: Rural Residential (RR), Suburban Estate (SE), Suburban Residential (SR), Urban Residential (UR), Village Center (VC), Planned Development Residential (PD -R), Planned Development Manufactured Home (PD -MH), Planned Development Mixed Use (PD -MX). A. A single tract of Iand may be permitted one "by -right" division of land around an existing residence without rezoning, provided that the minimum lot size and setback requirements are met for the newly created lot, the residual tract meets all minimum lot size requirements, and all 62 applicable provisions of the Subdivision Ordinance are met. Existing residence shall mean any residence in existence as of the date of adoption of this ordinance amendment, 9/17/2015. B. Clustering/sliding scale "by -right" provisions for single-family residential development in the Rural Agricultural Conservation District as designated in the Isle of Wight County comprehensive pian: 1. Under the sliding scale development provision, a tract of land containing one hundred (100) contiguous acres or greater zoned Rural Agricultural Conservation will be allowed four (4) divisions. One (1) additional lot or dwelling unit will be permitted for every additional forty (40) acres encompassed by the overall tract. For example, a one hundred forty -acre tract will yield five (5) lots. Minimum permissible lot sizes shall be encouraged so as not to allow subdivision development which is land consumptive; however, each lot must meet the minimum lot requirements for the Rural Agricultural Conservation (RAC) District. 2. In addition to the base density permitted above, the minimum area, width and frontage of the underlying zoning district, and the following standards shall be met: • All residential lots created through the act of subdivision shall be contiguously grouped and served by one (1) point of access to county roads and shall comply with section 4-4-1 (streets) of the Isle of Wight County Subdivision Ordinance. • Residential structures in the subdivision shall be located at least one hundred (100) feet from the existing county road right-of-way and screened from the right-of-way by an existing or planted landscaped buffer. • All residential structures should be set back at least one hundred (100) feet from all active farm operations. • A central water supply system shall be provided to serve the subdivisions with over fourteen (14) lots. • The maximum lot size for any new lot created shall be ten (10) acres, unless otherwise approved by the board of supervisors or required by the county health department. • Lots shall be located to preserve seventy (70) percent of the original tract size in order to maximize continued use of the residual parcel for agricultural and silvicultural purposes. • No lot shall be designed, approved or employed for the use in which an area more than thirty (30) percent of the prescribed minimum lot area is comprised of one (1) or more of the environmentally sensitive areas referenced in the net developable calculations of the zoning ordinance. This shall not apply to lots specifically created exclusively to preserve and maintain environmentally sensitive areas. 3 • All areas not included in lots or public street rights-of-way shall be incorporated into common open space and may be used for natural or landscaped buffers; agricultural uses including farmland and pasture not generating noxious odors such as land application of sewage sludge, hog or poultry farms or similar uses; horticulture; recreational use; historic preservation; forests; wildlife reservations and conservation areas; private stables for personal enjoyment; or other similar use. • The common open space shall be arranged and designed so as to facilitate its use, ensure continuity of design, and preserve sensitive environmental features. Failure to achieve these goals shall be sufficient reason for the agent to deny applications for open space development plan approved or required modifications that may include loss of lots. • Recreational areas shall not abut the exterior boundary of the open space development unless entirely adjacent to a publicly owned facility or community recreation facility of an adjoining residential development. • Adequate pedestrian and bicycle facilities shall be provided which fully interconnect the development and its recreation areas both internally and with existing, planned or desirable external pedestrian and bicycle facilities. • Full plats recorded and all deeds for lots within the cluster development shall bear a statement indicating that the land is within an approved residential cluster subdivision and shall also bear a statement indicating the ownership status of the development's open space system and shall reference the covenants creating a property owners' association which shall also be recorded at the time final plats are put to record. • With approval of the planning commission, common open space within a cluster subdivision may be held by other than a property owners' association for agricultural uses including farmland, pasture, horticulture, recreational use, historic preservation, forests, wildlife reservations and conservation areas or other similar use. • Family member subdivisions shall be prohibited. • Manufactured homes, Class A and B and residential accessory apartments require a conditional use permit. C. In determining the overall tract size provision, staff shall base the number of lots permitted on the following, listed in order from least to most binding: 1. On the parcel shown on the latest county tax maps with the acreage indicated in the real estate records of the commissioner of revenue's office, excluding street or road rights-of-way. 64 2. On documents of record in the office of the clerk of the court, which shall take precedence over the tax map information. 3. On a new or modern survey of the property by a licensed surveyor. (7- 7-05; 11-15-07; 9-17-15.) Sec. 4-2005. - Lot size requirements. A. Minimum lot area:..... Forty thousand (40,000) square feet. B. Minimum lot width (measured at the setback line):..... One hundred fifty (150) feet. C. Minimum lot frontage (measured at property front): ..... One hundred twenty (120) feet. D. Minimum frontage on a cul-de-sac:..... Seventy-five (75) feet. (7-7-05; 11-15-07; 9-17-15.) Sec. 4-2006. - Bulk regulations. A. Maximum building height:..... All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser. B. Minimum front yard setback: 1. Where right-of-way is > fifty (50) feet, the minimum front yard setback is sixty (60) feet from property line. 2. Where right-of-way is < fifty (50) feet, the minimum front yard setback is eighty-five (85) feet from center line of road. C. Minimum side yard setback: 1. Principle structures: Fifteen (15) feet (one (1) side); Thirty-five (35) feet (both sides). 2. Accessory structures: Fifteen (15) feet (see supplementary density and dimensional requirements, #1, accessory building requirements). D. Minimum rear yard setback: 1. Principle structures: Thirty-five (35) feet. 2. Accessory structures: Five (5) feet. Sec. 4-2007. - Additional regulations. A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements. B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to article VII for general design guidelines and development review procedures. D. Refer to article VIII for landscaping and open space standards. E. Refer to article IX for sign standards. F. Refer to article X for vehicle parking facilities requirements. 65 G. Refer to article XI for outdoor lighting requirements and restrictions. Part 2A. - Agritourism. Sec. 4-2A001. - General description. The intent of this section is to identify and encourage agritourism as an economic development activity in the county based on the county's own historical, recreational and agricultural resources. Agritourism as permitted "by right" in the rural agricultural conservation zoning district will serve to recognize and promote the entrepreneurship efforts of the local farm industry as a tourist attraction and will allow agriculturally -based properties to open their grounds to visitors interested in taking tours, making on-site product purchases and/or engaging in on-site activities. (9-17-15.) Sec. 4-2A002. - Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Agricultural, farm or ranch:\ Means one ( 1) or more areas of land used for the production, cultivation, growing, harvesting or processing of agricultural products. Agricultural farm stay:\ Means visiting a farm at least overnight as a paying guest, providing some experience of rural life. Agricultural museum:\ An establishment operated as a repository or collection of curiosities or objects of agricultural interest or significance for public display. Agricultural products:\ Means any livestock, aquaculture, poultry, horticultural, floricultural, viticulture, silvicultural, or other farm crops. Agricultural service operation:\ An occupation in which skill and expertise in some agriculturally related field are applied to the service of others engaged in agriculture; provided that sales of goods shall be limited to those incidental to the performing of a service. Agriculturally related products:\ Means items sold on-site or at a farmer's market to attract customers and promote the sale of agricultural products. Such items include, but are not Iimited to, all agricultural and horticultural products, animal feed, baked goods, ice cream and ice cream based desserts and beverages, jams, honey, gift items, food stuffs, clothing and other items promoting the farm and agriculture in Virginia and value-added agricultural products and production on site. Agriculturally related uses:`Means those on-site activities that predominantly use agricultural products, buildings or equipment, such as pony rides, corn mazes, pumpkin rolling, barn dances, sleigh/hay rides, and educational events, such as farming and food preserving classes. Agricultural tourism:\ Means the practice of visiting an agribusiness, horticultural, or agricultural activity, including, but not limited to, a farm, orchard, winery, brewery, greenhouse, a companion animal or livestock . b show, for the purpose of recreation, education, or active involvement in the operation, other than as an owner, contractor or employee of the activity. Agritourism:\ Any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, breweries, ranching, historical, cultural, harvest -your -own activities, or natural activities and attractions, regardless of whether or not the participant paid to participate in the activity. Agritourism activity:\ Means any agricultural activity that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, breweries, ranching, historical, cultural, harvest -your -own activities, natural activities and attractions, or other purposes of agricultural tourism, whether or not the agritourism participant paid to participate in the activity. Agritourism activities must be conducted in accordance with section 22- 262.3 herein. Agritourism participant:\ Means any person, other than an agritourism professional, who engages in an agritourism activity. Agritourism professional:'",. Means any person who is engaged in the business of providing one (1) or more agritourism activities, whether or not for compensation. Aquaculture:! Means land or activities devoted to the hatching, raising, harvesting and breeding of fish, shellfish, and aquatic plants for sale. Cider mill:\ Means a mill that extracts juice from apples to make apple cider. Dairy:\ A commercial establishment for the manufacture and sale of dairy products. Farm brewery:\ A brewery located on a farm on land zoned RAC and owned or leased by such brewery or its owner and some agricultural products are grown on the farm, including barley, other grains, hops or fruit used by such brewery in the manufacture of its beer. A farm brewery shall not produce more than fifteen thousand (15,000) barrels of beer per calendar year. Farm, temporary event in agricultural structure:\ A barn or similar structure that may be rented for special occasions, such as weddings, private parties, banquets, or other similar events. Farm winery:\ Means an establishment (i) located on a farm in the Commonwealth of Virginia with a producing vineyard, orchard, or similar growing area and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than eighteen (18) percent alcohol by volume or (ii) located in the Commonwealth of Virginia with a producing vineyard, orchard, or similar growing area or agreements for purchasing grapes or other fruits from agricultural growers within the Commonwealth of Virginia, and with facilities for fermenting and bottling wine on the premises where the owner 67 or lessee manufactures wine that contains not more than eighteen (18) percent alcohol by volume. As used in this definition, the terms "owner" and "lessee" shall include a cooperative formed by an association of individuals for the purpose of manufacturing wine. In the event such cooperative is licensed as a farm winery, the term "farm" as used in this definition includes all of the land owned or leased by the individual members of the cooperative as long as such land is located in the Commonwealth of Virginia. Farmer's market, on-site:\ A market held in a structure or open area for the sale of agricultural products or value-added agricultural products, directly to the consumer from a site on a working farm or any agricultural, horticultural or agritourism activity. Greenhouse, commercial, and/or primarily in the retail sale of trees, plants, plant materials, and garden residential and commercial consumers. nursery:\ Establishments engaged shrubs, seeds, fertilizers, pesticides, supplies, primarily for agricultural, Non -agriculturally related products:\ Means those items not connected to farming or the farm operation, such as novelty t -shirts or other clothing, crafts and knick-knacks imported from other states or countries, etc. Non -agriculturally related uses:\ Means activities that are part of an agritourism operation's total offerings but not tied to farming or the farm's buildings, equipment, fields, etc. Such non -agriculturally related uses include amusement rides and concerts, and may be subject to obtaining a special event permit. Seasonal:\ Means a recurrent period characterized by certain occurrences, festivities, or crops; harvest, when crops are ready; not all year round. Value-added agricultural product:".' Means the enhancement or improvement of the overall value of an agricultural commodity or of an animal or plant product to a higher value. The enhancement or improvement includes, but is not limited to marketing, agricultural processing, transforming, or packaging, education presentation, activities and tours. Wine:`., Means any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing (i) sugar, including honey and milk, either with or without additional sugar; (ii) one-half of one percent (0.5) or more of alcohol by volume; and (iii) no product of distillation. The term includes any wine to which wine spirits have been added, as provided in the Internal Revenue Code, to make products commonly known as "fortified wine" which do not exceed an alcohol content of twenty-one (2 1) percent by volume. (9-17-15.) Sec. 4-2A003. - Agritourism activities. (a) Where permitted, agritourism activities shall include, but not be limited to, the following: (1) Agricultural, farm or ranch, including: (i) Farmer's market, onsite, where at least fifty (50) percent of the agricultural products offered for sale are/have been produced by 68 the farm operator for at least three (3) of the immediately preceding five (5) years. (ii) Seasonal self -pick fruit and vegetable operations. (iii) Seasonal outdoor mazes of agricultural origin such as straw bales or corn. (2) Agricultural, farm stay, provided: (i) This use offers short-term lodging rooms and meals for paying guests looking for a rural experience on a working farm or ranch containing a minimum of ten (10) acres. For the purposes of this section, the term working farm shall require that the property owner or farm operator: a. Reside on the premises where the farm stay occurs; and b. Is actively engaged in land use devoted to the production of food and fiber, including horticulture, hydroponics, cultivation of field crops, nurseries, orchards, viticulture, livestock operations, dairy farms or other similar use as determined by the zoning administrator; (ii) Lodging accommodations may be offered in the farm house occupied by the owner/operator, or an accessory structure or converted farm building, like barns, silos, chicken houses, meeting the requirements for residential occupancy. a. A recreational vehicle may also be used for a farm stay provided that no more than one (1) recreational vehicle be allowed on the property at one time, and provided that sewage waste disposal is accommodated in accordance with the Virginia Department of Health or by the use of bathroom facilities made accessible to guests in the farm house or other approved facilities. b. Camping tents may also be used for a farm stay provided that no more than three (3) be accommodated at one time and sewage waste disposal is accommodated by the use of portable toilets or the use of indoor bathroom facilities made accessible to guests in the farm house or other approved facilities. c. Recreational vehicle or camping tent farm stays shall also have an available water supply to accommodate hot and cold running water for shower facilities. d. Fires shall be made only in stoves, incinerators, and other equipment intended for such purposes. Portable fire extinguishers rated for class A, B, and C shall be kept in locations conveniently and readily accessible for use by all guests and shall be maintained in good operating condition. Their capacity shall not be less than required by applicable codes. 69 (iii) No guests or group of guests shall remain on the premises for more than fourteen (14) consecutive nights per visit or permitted more than two (2) visits during a twelve-month period. (3) Agricultural, museum (4) Agricultural service operation (5) Aquaculture (6) Cider mill, where agricultural products of the mill are being derived from crops grown primarily on site for at least three (3) of the immediately preceding five (5) years. (7) Dairy (8) Farm brewery (9) Farm temporary event in agricultural structure, provided: (i) Events shall be permitted up to twelve (12) times per year. For purposes of this section, a temporary event is an event conducted on a single day for which attendance is allowed only by invitation or reservation up to two hundred (200) persons and for which there is no individual admission fee are charged. Temporary events include, but are not limited to, meetings, conferences, banquets, dinners, wedding receptions, private parties, and other similar events. A conditional use permit may authorize the number of temporary events to exceed twelve (12) per year, or the number of allowed participants at any event to exceed two hundred (200) or more, or both. (ii) No event shall last later than 12:30 a.m. (iii) Adequate bathroom facilities are provided. (10) Farm winery, where: (i) Agricultural products of the winery are derived from crops grown primarily on site for at least three (3) of the immediately preceding five (5) years. (ii) The area for wine tasting and accessory food sales does not exceed twenty-five (25) percent of the area of the main structure. (iii) Daily tours of a farm winery shall be permitted. (iv) Special events shall be permitted up to twelve (12) times per year. For purposes of this section, a special event is an event conducted at the farm winery on a single day for which attendance is allowed only by invitation or reservation for up to two hundred (200) persons. Special events include, but are not limited to, meetings, conferences, banquets, dinners, wedding receptions, private parties, and other events conducted for the purposes of marketing wine. A conditional use permit may authorize the number of special events per year, or the number of allowed participants at any event to exceed two hundred (200) or more, or both. 70 (v) Festivals shall be permitted up to four (4) times per year. For the purposes of this section, a festival is an event conducted at a farm winery for up to three (3) consecutive days which is open to the general public and conducted for the purpose of marketing wine. (11) Greenhouse, commercial and/or nursery. (b) Any year in which the governor of Virginia issues a formal disaster declaration covering Isle of Wight County shall not be included in the calculations prescribed in subsection (a) above. (9-17-15.) Sec. 4-2A004. - Ancillary activities. Any agritourism activity may include one (1) or more of the following ancillary uses so long as (i) the general agricultural character of the agritourism activity is maintained and (i) the aggregate gross receipts from the ancillary activity/activities does not exceed fifty (50) percent of the gross receipts from the agritourism activity for three (3) of the preceding five (5) operating years. (a) Value-added agricultural products or activities such as educational tours or processing facilities, etc. (b) Bakeries selling baked goods containing produce grown primarily on site (e.g., minimum fifty percent (50°0)). (c) Playgrounds or equipment typical of a school playground, such as slides, swings, etc. (not including motorized vehicles or rides). (d) Petting farms, animal display, and pony rides. (e) Wagon, sleigh and hayrides. (f) Nature trails. (g) Open air or covered picnic area with restrooms. (h) Educational classes, lectures, seminars. (i) Historical agricultural exhibits. 0) Kitchen facilities, processing/cooking items for sale. (k) Gift shops for the sale of agricultural products and agriculturally related products. (1) Gift shops for the sale of non -agriculturally related products such as antiques or crafts, where sales of the non -agriculturally related products do not exceed twenty-five (25) percent of gross sales of the agritourism activity for three (3) of the preceding five (5) operating years. (9-17-15.) Sec. 4-2A005. - Compliance with laws and regulations; permits and licenses. (a) A simplified site plan meeting the requirements of article VII may be required showing the location of all areas that will serve to accommodate the agritourism activities, as may be determined by the zoning administrator. (b) All agritourism activities and ancillary activities shall be conducted in accordance with all federal, state, and local laws and regulations. This includes, but is not limited to, compliance with Code of Virginia, section 71 3.2-6402(A), requiring the posting and maintaining of certain warning signs. (c) All necessary federal, state and local licenses and permits for agritourism activities and ancillary activities shall be obtained prior to beginning operation of, and shall be maintained in good standing during operation of, the activities. This shall include the business license required by article I of chapter 13 of this Code if such activities meet the requirements of that chapter. (9-17-15.) Sec. 4-2A006. - Minimum area requirement. Unless otherwise noted in the provisions of part 2A (agritourism), the minimum acreage for an agritourism activity is two (2) acres or more, including the primary residential use. (9-17-15.) Sec. 4-2A007 - Minimum width requirement. The minimum width for an agritourism activity within or outside of an enclosed structure, intended to attract more than an average of ten (10) vehicle trips per day in addition to the residential use on the property, shall be three hundred (300) feet at the building setback line. The zoning administrator has the authority to waive this requirement if it is determined that there are no adjacent residential uses within three hundred (300) feet of the proposed agritourism activity. (9-17-15.) Sec. 4-2A008. - Access. Access shall be provided by an exclusive right of ingress/egress from a state maintained road. (9-17-15.) Sec. 4-2A009. - Minimum setbacks. A. Front yard setback:..... All agritourism structures and activities shall be located sixty (60) feet or more from the edge of the front property line, except that signs may be erected in accordance with article IX. Signs of this ordinance. Parking may occur within the front yard setback but shall be at least ten (10) feet from the front property line adjacent to the public road. B. Side yard setback:..... All agritourism activities, including parking, shall be located thirty-five (35) feet and the total width of the two (2) required side yards shall be seventy (70) feet or more. C. Rear yard setback:..... All agritourism activities, including parking shall be located fifty (50) feet or more. (9-17-15.) Sec. 4-2A010. - Nonconforming regulations for existing farm structures and uses. A zoning permit shall not be issued for a nonconforming structure or use for which a permit agritourism activity is being sought until the following procedure has been completed: A. The zoning administrator is to send written notification by certified letter to the last known address of each adjacent property owner advising them of the proposed agritourism activity and informing them that the permit may be issued if written comments are not received within thirty (30) days. The property shall also be posted 72 with a sign pursuant to section 9-1006 for no less than fourteen (14) days prior to the expiration of the thirty -day period. B. If the zoning administrator receives no written objection from any property owner so notified within thirty (30) days of the date of sending the notification letter, and the zoning administrator determines that the proposed use otherwise complies with the zoning ordinance, and the requirements for sewage disposal, the zoning administrator may issue a zoning permit for the agritourism activity. C. If the zoning administrator receives written objection from any property owner so notified within thirty (30) days of the date of sending the notification letter, then the zoning administrator may not issue a zoning permit unless and until such time as a conditional use permit for the proposed use is approved by the board of supervisors with a recommendation from the planning commission. (9-17-15.) Part 3. - Rural Residential (RR) District. Sec. 4-3001. - General description. This district is intended to provide for limited and low-density residential development within the Rural Agricultural Conservation (RAC) as designated in the comprehensive plan, while being protective of the county's rural character and preserving open space and productive farm and timberlands. In accordance with the comprehensive pian, residential development in the RR district will utilize either of two (2) options in designing residential subdivisions: density bonus for cluster development or sliding scale development. In addition, residential development that occurs in these areas is encouraged to locate in the woodland areas and the least productive agricultural land where the conflicts between the residential uses and the farm uses can be minimized. (7-7-05.) Sec. 4-3002. - 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: Agricultural servicei agent * Agriculture Agritourism (See part 2A) Aquaculture * Forestry operation, silvicultural and or timbering Greenhouse, private * Stable, private 73 Viticulture * Wayside stand B. Residential uses: * Accessory apartment - Residential accessory apartment Boathouse Dwelling, single-family * Family day care home Group home * Guest house * Home occupation, Type I * Home occupation, Type 11 * Kennel, private * Manufactured home, Class A * Temporary emergency residence C. Civic uses: Modular classroom Public park & recreational area * Utility service/minor D. Commercial uses: * Construction office, temporary Real estate office temporary E. Miscellaneous uses: * Amateur radio tower Sec. 4-3003. - Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicating additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: *Agricultural crop service tower and antenna Aquaculture, waterfront business * Farm employee housing Greenhouse, commercial and/or nursery 74 • In conjunction with residence *Stable, commercial • In conjunction with residence B. Residential uses: * Community recreation * Dwelling, two-family duplex C. Civic uses: * Cemetery • Animal • Church • Private • Public * Child care center * Child care institution Club Crisis center Cultural service * Educational facility primary/secondary Halfway house Life care facility * Nursing home Public safety service * Religious assembly * Utility service/major D. Commercial uses: * Bed and breakfast Boarding house * Commercial equipment repair, accessory to dwelling * Commercial outdoor swimming pool & tennis facility General store, country * Golf course * Marina VAI E. Miscellaneous uses: * Aviation facility, private * Communications tower * Reconstructed wetland Sec. 4-3004. - Sliding scale development in the Rural Residential (RR) District. A. Under the sliding scale development provision, a tract of land twenty (20) acres in size may be allowed one (1) division. One (1) additional lot or dwelling unit will be permitted for every additional forty (40) acres encompassed by the overall tract. For example, a one -hundred -acre tract will yield four (4) lots. Minimum permissible lot sizes shall be encouraged so as not to allow subdivision development which is land consumptive; however, each lot must meet the minimum lot requirements for the Rural Residential (RR) District. B. In addition to the base density permitted above, the following standards shall be met: 1. The maximum lot size for any new lot created shall be ten (10) acres, unless otherwise approved by the board of supervisors or required by the county health department. 2. Lots shall be located to maximize continued use of the residual parcel for agricultural and silvicultural purposes. 3. Unless otherwise approved by the board of supervisors, the first two (2) lots shall be located on private shared driveways that serve no more than two (2) residences, with no frontage on the public road. C. In determining the overall tract size provision, staff shall base the number of lots permitted on the following, listed in order from least to most binding: 1. On the parcel shown on the latest county tax maps with the acreage indicated in the real estate records of the commissioner of revenue's office, excluding street or road rights-of-way. 2. On documents of record in the office of the clerk of the court, which shall take precedent over the tax map information. 3. On a new or modern survey of the property by a licensed surveyor. Sec. 4-3005. - Density bonus for cluster development in the Rural Residential (RR) District. A. General description. ..... Cluster development in the Rural Residential (RR) District is encouraged to protect rural character and to preserve open space and productive farm and timber lands while permitting limited development in rural areas of the county. It is intended to encourage innovative and creative design of residential development; to preserve agricultural lands and enhance the rural atmosphere and visual character 76 of the county; and, to encourage a more efficient use of land and services in order to reduce construction costs, reflect changes in the technology of land development and minimize maintenance costs of service delivery and utility systems. B. Applicability. ..... The following provisions establish minimum performance standards associated with three (3) optional density increases which may be exercised by landowners in the RR District at the time of rezoning of the property. The density options available shall be one (1) dwelling unit per ten (10) acres, but may be increased to one (1) dwelling unit per eight (8) acres or one (I) dwelling per five (5) acres, if certain development standards are met as conditions of density increase. These development standards are outlined in subsection D. C. General standards...... The following general standards shall apply to all cluster developments in the RR District: 1. The applicant shall have legal or equitable title to the property or shall otherwise have a legally documented financial interest in the real property, which is the subject of the application. 2. The proposed development shall contain a minimum of twenty (20) contiguous acres located within the RR District. 3. All lots created through the act of subdivision shall be served by no more than, one (1) point of access to an existing public road. The internal street serving the subdivision shall be constructed in accordance with the applicable minimum standards of and dedicated to the Virginia Department of Transportation. 4. In no case shall residential structures be located within one hundred (100) feet of an existing public road right-of-way. Fifty (50) feet of the one -hundred -foot bufferyard between the lots and the public road right-of-way shall be landscaped to maintain or enhance the rural image or left in a natural setting, as prescribed in section 8-1003. 5. Dedication of additional public road right-of-way adjacent to an existing public road for future widening when the highway level of service in the area necessitates widening shall be a condition of development at each of the three (3) optional densities contained in subsection B. of this section. D. Density options. 1. The base density of one (1) dwelling unit per ten (10) acres may be permitted provided: a. Clustering at a density of one (1) dwelling unit per ten (10) acres so that no more than fifty percent (50%) of the total base site area is to be included in the subdivision, including lots, road right-of- way, and other required public improvements. 77 b. Fifty percent (50%) of the site shall be permanently established in open space including farm or forest use and restricted from further development. c. The minimum lot shall be forty thousand (40,000) square feet and the maximum lot size shall be five (5) acres, provided the health department standards for use of on-site septic systems are met. 2. The base density may be increased to one (1) dwelling unit per eight (8) acres if the following conditions are met: a. Clustering at a density of one (1) dwelling unit per eight (8) acres so that no more than forty percent (40%) of the base site area is included in the subdivision, including lots, road rights-of-way and other required public improvements. b. Sixty percent (60%) of the site shall be permanently established in open space including farm or forest use and is restricted from further development. c. The minimum lot size shall be forty thousand (40,000) square feet and the maximum lot size shall be three and one-half (3.5) acres in size, provided the health department standards for on-site septic systems are met. 3. The base density may be increased to one (1) dwelling unit per five (5) acres provided: a. Clustering at a density of one (1) dwelling unit per five (5) acres so that no more than thirty percent (30%) of the base site area is to be included in the subdivision, including lots, rights-of-way and other required public improvements. b. Seventy percent (70%) of the site shall remain in open space including farm or forest use and restricted from further development. c. The minimum lot size shall be forty thousand (40,000) square feet and the maximum lot size shall be one and one-half (1.5) acres, provided the health department standards for on-site septic systems are met. E. Open space requirements...... Regardless of which of the three (3) density options is exercised, the following standards shall apply to any open space which may be included within and made part of the cluster development and so designated on the subdivision plat: 1. All open spaces shall be preserved for their intended purpose. 2. There shall be established a nonprofit association, corporation, trust or foundation of all individuals or corporations owning the residential property within the development to insure the satisfactory maintenance of any required open space. 3. When the development is to administer open space or other facilities through an association, nonprofit corporation, trust or foundation, said organization shall conform to the following requirements: a. The property owner or developer must establish the organization prior to the sale of any lots within the subdivision. b. Membership in the organization shall be mandatory for all residential property owners, present or future, within the subdivision. c. The organization shall manage all common and open spaces, and recreational and cultural facilities, shall provide for the maintenance, administration and operation of said land and improvements and any other land within the development and shall secure adequate liability insurance on the land. d. The organization shall conform to the Property Owners Association Act, Code of Virginia, effective July 1, 2004, as amended, and/or to any other laws and regulations of the Commonwealth of Virginia as may be applicable. The foregoing standards for open space shall not apply to any residue acreage of the parent tract of land which is not included as part of the cluster development as lots or the required open space. (7-7-05, 3-20-14.) Sec. 4-3006. - Lot size requirements. A. Minimum lot area: Forty thousand (40,000) square feet. B. Minimum lot width: One hundred fifty (150) feet. C. Minimum lot frontage: One hundred twenty (120) feet. (1) Minimum frontage on cul-de-sac: Seventy-five (75) feet. (2) Maximum lot size: Ten (10) acres. D. No lot shall be designed, approved or employed for use in which an area more than thirty percent (30%) of the required minimum lot area is comprised of one or more of the environmentally sensitive areas cited in subsections 5-4000.C. La through f. (7-7-05.) Sec. 4-3007. - Bulk regulations. A. Maximum building height: 1. All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser. B. Minimum front yard setback: 1. Where right-of-way is '} fifty (50) feet, the minimum front yard setback is sixty (60) feet from property line. 2. Where right-of-way is < fifty (50) feet, the minimum front yard setback is eighty-five (85) feet from center line of road. C. Minimum side yard setback: 1. Principle structures: Fifteen (15) feet (one (1) side)/thirty-five (35) feet (both sides). 79 2. Accessory structures: Fifteen (15) feet (see supplementary density and dimensional requirements, #1, accessory building requirements). D. Minimum rear yard setback: 1. Principle structures: Thirty-five (35) feet. (7-7-05.) 2. Accessory structures: Five (5) feet. Sec. 4-3008. - Additional regulations. A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements. B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Flood Plain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to article VII for general design guidelines and development review procedures. D. Refer to article VIII for landscaping and open space standards. E. Refer to article IX for sign standards. F. Refer to article X for vehicle parking facilities requirements. G. Refer to article XI for outdoor lighting requirements and restrictions. Part 4. - Village Center (VC) District. Sec. 4-4001. - General description. A. 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 sewer and other public facilities available or planned for in the immediate future. B. 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: Agricultural crop service tower and antenna Agricultural farm product processing, warehousing and distribution service Agricultural feed seed and farm supply service Agricultural service agent Agriculture Agritourism (See Part 2A) Aquaculture Aquaculture, waterfront business Farmer's market * Forestry operation, silvicultural and/or timbering Greenhouse, commercial and/or nursery • In conjunction with residence M. • Not in conjunction with residence Greenhouse, private Viticulture * Wayside stand B. Residential uses: * Accessory Apartment • Residential accessory apartment *Boathouse Dwelling, single-family * Family day care home Group home * Home occupation, Type I * Temporary emergency housing C. Civic uses: Administrative service * Community center Cultural service * Modular classroom Post office *Public park and recreational area Public safety service * Utility service/minor D. Commercial uses: * Bed and breakfast * Commercial equipment repair, accessory to dwelling * Construction office, temporary General store, country Real estate office, temporary E. Miscellaneous uses: * Amateur radio tower 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: Agricultural farm equipment sales and service * Commercial feedlot Fair, agricultural * Farm employee housing * Livestock auction market * Stable, commercial • In conjunction with residence • Not in conjunction with residence * Stable, private B. Residential uses: * Accessory apartment • Commercial accessory apartment * Dwelling, multifamily conversion * Dwelling, two-family duplex * Home occupation, Type II * Manufactured home, Class A * Multifamily dwelling * Townhouse C. Civic uses: * Adult care center Assisted living facility * Cemetery • Animal • Church • Private • Public * Child care center * Child care institution Club A Crisis center * Educational facility, primary/secondary Halfway house Life care facility * Nursing home Park and ride facility * Public maintenance and service facility Public sports/event facility * Religious assembly Rehabilitation service Transit station * Utility service/major D. Office uses: Financial institution General office Laboratory Medical office E. Commercial uses: * Antique shop Auction establishment Boarding house Boating and fishing facilities Business or trade school Car wash Commercial indoor amusement Commercial indoor entertainment * Commercial indoor sports and recreation * Commercial outdoor swimming pool and tennis court * Contractor office and storage facility * Convenience store * Crematorium 4 * Flea market * Funeral home * Garden center * Gasoline station * Golf course * Golf driving range Hotel/motel/motor lodge/inn * Marina Medical clinic * Motor vehicle parts/supply retail * Motor vehicle repair service/minor Personal improvement service Personal service * Restaurant, drive-in fast food Restaurant, general Retail sales Studio, fine arts * Taxidermy Veterinary hospitali`clinic Wholesale sales F. Industrial uses: Custom manufacturing Refuse and recycling center G. Miscellaneous uses: * Communication tower Hunt club * Reconstructed wetland Sec. 4-4004. - Lot size requirements. A. Minimum lot area: 1. With private sewer and water: Thirty thousand (30,000) feet. 2. With public sewer or water: Twenty thousand (20,000) feet. 3. With public sewer and water: Fifteen thousand (15,000) feet. M B. Minimum lot width: 1. With private sewer and water: One hundred twenty-five (125) feet. 2. With public sewer or water: One hundred twenty-five (125) feet. 3. With public sewer and water: One hundred (100) feet. C. Minimum lot frontage: 1. With private sewer and water: One hundred (100) feet. 2. With public sewer or water: One hundred (100) feet. 3. With public sewer and water: Eighty (80) feet. 4. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width of district. (7-7-05.) Sec. 4-4005. - Bulk regulations. A. Maximum building height: 1. All buildings: Thirty-five (35) feet or three (3) stories. whichever is lesser. 2. Public or semipublic buildings such as schools, churches, libraries, or government buildings may be allowed up to sixty (60) feet, provided that the scale, massing, and building design are shown to be compatible with the existing neighborhood and general intent of the district. B. Maximum density: 1. Conventional single-family subdivision: Two (2) dwelling units per acre. 2. Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net developable area. C. Minimum front yard setback: 1. Where rights-of-way is > fifty (50) feet, the minimum front yard setback is thirty (30) feet from property line. 2. Where rights-of-way is < fifty (50) feet, the minimum front yard setback is fifty-five (55) feet from centerline of road. D. Minimum side yard setback: 1. One (1) side: Fifteen (15) feet. 2. Both sides: Thirty (30) feet. E. Minimum rear yard setback: .....Thirty (30) feet. (7-7-05; 8-21-08; 12-18- 08.) Sec. 4-4006. - Additional regulations. A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements. 86 B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to article VII for general design guidelines and development review procedures. D. Refer to article VIII for landscaping and open space standards. E. Refer to article IX for sign standards. F. Refer to article X for vehicle parking requirements. G. Refer to article XI for outdoor lighting requirements and restrictions. Part 5. - Neighborhood Conservation (NC) District. Sec. 4-5001. - General description. This district is intended to preserve the character of existing neighborhoods and developments in existence at the time of adoption of this ordinance. It is designed to prevent these neighborhoods and subdivisions, consisting of different lot sizes, from becoming nonconforming under the terms of this ordinance. Such neighborhoods are relatively uniform in character and stable. These regulations permit future development consistent with existing character. Areas, identified as having a stable and fixed character, will be allowed to continue to exist and develop under the general regulations governing their design and construction or under the actual plat previously approved. This district is not intended for nor shall be used to establish new lots that are not already platted or approved through conditional zoning. (7-7-05.) Sec. 4-5002. - 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, silviculture and/or timbering Greenhouse, private B. Residential uses: * Boathouse Dwelling, single-family * Family day care home Group home * Home occupation, Type I 7 * Temporary emergency housing C. Civic uses: * Modular classroom * Public park and recreational area * Utility service/minor D. Commercial uses: * Construction office, temporary Real estate office, temporary E. Miscellaneous uses: * Amateur radio tower Sec. 4-5003. - 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: * Agricultural crop service tower and antenna Agriculture Aquaculture Greenhouse, commercial and/or nursery • In conjunction with residence * Stable, commercial • In conjunction with residence * Stable, private Viticulture * Wayside stand B. Residential uses: * Accessory apartment - Residential accessory apartment * Community recreation * Condominium * Dwelling, multifamily conversion * Dwelling, two-family duplex * Guest house * Home occupation, Type II * Townhouse C. Civic uses: * Cemetery • Animal • Church • Private • Public * Child care center Club Cultural service * Educational facility primary/secondary Halfway house Life care facility * Nursing home Public safety service * Religious assembly * Utility service/major D. Commercial uses: * Bed and breakfast Boarding house * Commercial equipment repair, accessory to dwelling * Commercial outdoor swimming pool and tennis facility General store, country * Golf course * Marina E. Miscellaneous uses: * Communication tower * Reconstructed wetland Sec. 4-5004. — Lot size requirements. A. Minimum lot area: 1. With private sewer and water: Twenty thousand (20,000) square feet. 2. With public sewer or water: Fifteen thousand (15,000) square feet. B. Minimum lot width:..... One hundred (100) feet. C. Minimum lot frontage:..... One hundred (100) feet. D. Minimum frontage on a cul-de-sac:..... Fifty (50) feet. (7-7-05.) Sec. 4-5005. - Bulk regulations. A. Maximum building height: 1. All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser. B. Maximum density: 1. Conventional single-family subdivision: Two (2) dwelling units per acre. 2. Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net development area. C. Minimum front yard setback: 1. Lots with less than one hundred fifty (150) feet of width: a. Where rights-of-way is fifty (50) feet or greater, the minimum front yard setback is thirty-five (35) feet from property line. b. Where rights-of-way is less than fifty (50) feet, the minimum front yard setback is sixty (60) feet from centerline of road. 2. Lots one hundred fifty (150) feet or greater of width: a. Where rights-of-way is fifty (50) feet or greater, the minimum front yard setback is sixty (60) feet from property line. b. Where rights-of-way is less than fifty (50) feet, the minimum front yard setback is eighty-five (85) feet from centerline of road. 3. In the case that there are existing lots of record in a subdivision having a width that would require a front setback to be lesser or greater than the other lots within the subdivision, the setback met by the majority of the lots shall be required. D. Minimum side yard setback: 1. One (1) side: Ten (10) feet. 2. Both sides: Twenty (20) feet. E. Minimum rear yard setback: 1. Twenty-five (25) feet. Sec. 4-5006. - Additional regulations. A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements. B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Floodplain Management 90 Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to article VII for general design guidelines and development review procedures. D. Refer to article VIII for landscaping and open space standards. E. Refer to article IX for sign standards. F. Refer to article X for vehicle parking facilities requirements. G. Refer to article XI for outdoor lighting requirements and restrictions. Part 6. - Suburban Estate (SE) District. Sec. 4-6001. - General description. This district is intended to provide for a form of suburban living in a superior living environment within the development service district (s) as designated by the Isle of Wight County Comprehensive Plan. Open space is extensive and is designed to create a more rural image than is normally the case, resulting in an "estate" form of character even though lot sizes are well below those found in typical large lot residential areas. (7-7-05.) Sec. 4-6002. - 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 and/or timbering Greenhouse, private B. Residential uses: * Accessory apartment • Residential accessory apartment * Boathouse Dwelling, single-family * Family day care home Group home * Home occupation, Type I * Temporary emergency housing C. Civic uses: * Modular classroom * Public park and recreational area 91 * Utility service/minor D. Commercial uses: * Construction office, temporary Real estate office, temporary E. Miscellaneous uses: * Amateur radio tower (7-7-05.) Sec. 4-6003. - Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Greenhouse, commercial and/or nursery 9 In conjunction with residence * Stable, commercial • In conjunction with a residence * Stable, private B. Residential uses: * Community recreation * Dwelling, multifamily conversion * Guest house C. Civic uses: * Cemetery - Church * Child care center Club Cultural service * Educational facility, primary/secondary Halfway house Life care facility * Nursing home Post office Public safety service 92 * Religious assembly * Utility service/major D. Commercial uses: * Bed and breakfast Boarding house * Commercial equipment repair, accessory to dwelling * Commercial outdoor swimming pool and tennis facility * Golf course * Marina E. Miscellaneous uses: * Reconstructed wetland Sec. 4-6004. - Lot size requirements. A. Minimum lot area: 1. With private sewer and water: Thirty thousand (30,000) square feet. 2. With public sewer or water: Twenty thousand (20,000) square feet. 3. With public sewer and water: Twenty thousand (20,000) square feet. B. Minimum lot width: 1. With private sewer and water: One hundred twenty-five (125) feet. 2. With public sewer or water: One hundred twenty (120) feet. 3. With public sewer and water: One hundred twenty (120) feet. C. Minimum lot frontage: 1. With private sewer and water: One hundred (100) feet. 2. With public sewer or water: Ninety-six (96) feet. 3. With public sewer and water: Ninety-six (96) feet. 4. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width of district. (7-7-05.) Sec. 4-6005. - Bulk regulations. A. Maximum building height: 1. All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser. B. Maximum density: 1. Conventional single-family subdivision: Two (2) dwelling units per acre. 2. Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net developable area. C. Minimum front yard setback: Vic? 1. Where rights-of-way is > fifty (50) feet, the minimum front yard setback is fifty (50) feet from property line. 2. Where rights-of-way is < fifty (50) feet, the minimum front yard setback is seventy-five (75) feet from centerline of road. D. Minimum side yard setback: 1. One (1) side: Twenty (20) feet. 2. Both sides: Forty (40) feet. E. Minimum rear yard setback:..... Thirty-five (35) feet. (7-7-05.) Sec. 4-6006. - Additional regulations. A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements. B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to article VII for general design guidelines and development review procedures. D. Refer to article VIII for landscaping and open space standards. E. Refer to article IX for sign standards. F. Refer to article X for vehicle parking facilities requirements. G. Refer to article XI for outdoor lighting requirements and restrictions. Part 7. - Suburban Residential (SR) District. Sec. 4-7001. - General description. This district is intended for application in the development service district(s) as designated by the Isle of Wight County Comprehensive Plan and to provide for the majority of residential development for future population growth in areas served by public utilities. This district permits moderate density development in a manner that is consistent with the provision of a high-quality "suburban" character. Significant areas of open space should be provided in this district in order to maintain this character. (7-7-05.) Sec. 4-7002. - 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 and/or timbering B. Residential uses: 94 * Boathouse Dwelling, single-family Dwelling, two-family duplex * Family day care home Group home * Home occupation, Type I * Temporary emergency housing C. Civic uses: * Modular classroom * Public park and recreational area * Utility service/minor D. Commercial uses: * Construction office, temporary Real estate office, temporary E. Miscellaneous uses: * Amateur radio tower Sec. 4-7003. - Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Greenhouse, private B. Residential uses: * Accessory apartment - Residential accessory apartment * Community recreation * Dwelling, multifamily conversion * Multifamily dwelling * Townhouse C. Civic uses: * Cemetery • Church 95 Club Cultural service * Educational facility, primaryr"secondary Halfway house Life care facility * Nursing home Post office Public safety service * Religious assembly * Utility service, major D. Commercial uses: * Bed and breakfast Boarding house * Commercial equipment repair, accessory to dwelling * Commercial outdoor swimming pool and tennis facility * Golf course * Marina E. Miscellaneous uses: * Reconstructed wetland Sec. 4-7004. - Lot size requirements. A. Minimum lot area: 1. With private sewer and water: Thirty thousand (30,000) square feet. 2. With public sewer or water: Twenty thousand (20,000) square feet. 3. With public sewer and water: Fifteen thousand (15,000) square feet. B. Minimum lot width: 1. With private sewer and water: One hundred twenty-five (125) feet. 2. With public sewer or water: One hundred twenty-five (125) feet. 3. With public sewer and water: Eighty (80) feet. C. Minimum lot frontage: 1. With private sewer and water: One hundred (100) feet. 2. With public sewer or water: One hundred (100) feet. 3. With public sewer and water: Sixty-four (64) feet. 4. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width. (7-7-05.) Sec. 4-7005. - Bulk regulations. A. Maximum building height: 1. All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser. B. Maximum density: 1. Conventional single-family subdivision: Three (3) dwelling units per acre. 2. Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net developable area. C. Minimum front yard setback: 1. Where rights-of-way is > fifty (50) feet, the minimum front yard setback is thirty-five (35) feet from property line. 2. Where rights-of-way is :- fifty (50) feet, the minimum front yard setback is sixty (60) feet from centerline of road. D. Minimum side yard setback: 1. One (1) side: Ten (10) feet. 2. Both sides: Twenty-four (24) feet. E. Minimum rear yard setback:..... Twenty-five (25) feet. (7-7-05.) Sec. 4-7006. - Additional regulations. A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements. B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to article VII for general design guidelines and development review procedures. D. Refer to article VIII for landscaping and open space standards. E. Refer to article IX for sign standards. F. Refer to article X for vehicle parking facilities requirements. G. Refer to article XI for outdoor lighting requirements and restrictions. Part 8. - Urban Residential (UR) District. Sec. 4-8001. - General description. This district is intended to permit residential development at high densities with an urban character in selected areas within the development service district(s) and mixed use centers as designated by the Isle of Wight County Comprehensive Plan. It is intended to provide for more intensive development in a limited number of areas and to provide affordable housing 97 for the county's residents that are finding it difficult to locate such housing. A wide range of housing types may be built in a planned development type of environment within this district. (7-7-05.) Sec. 4-8002. - 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 and/or timbering B. Residential uses: * Condominium * Dwelling, multifamily conversion Dwelling, single-family * Dwelling, two-family duplex * Family day care home Group home * Home occupation, Type I * Multifamily dwelling * Temporary emergency housing * Townhouse C. Civic uses: * Educational facility primary/secondary Life care facility * Modular classroom * Public park and recreational area * Utility service/minor D. Commercial uses: * Construction office, temporary Real estate office, temporary Veterinary hospital/clinic E. Miscellaneous uses: * Amateur radio tower Sec. 4-8003. - Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Greenhouse, private B. Residential uses: * Accessory apartment • Residential accessory apartment * Boathouse * Community recreation C. Civic uses: * Cemetery • Church Club Cultural service Halfway house Life earn facility * Nursing home Post office Public safety service * Religious assembly * Utility service/major D. Office uses: General office Medical office E. Commercial uses: * Bed and breakfast Boarding house * Commercial indoor sports and recreation * Commercial outdoor swimming poo[ and tennis facility * Golf course * Marina Restaurant, general Retail sales Studio, fine arts F. Miscellaneous uses: * Reconstructed wetland Sec. 4-8004. - Lot size requirements. A. Minimum lot area: 1. With private sewer and water: Thirty thousand (30,000) square feet. 2. With public sewer or water: Twenty thousand (20,000) square feet. 3. With public sewer and water: Twelve thousand (12,000) square feet. B. Minimum lot width: 1. With private sewer and water: One hundred twenty-five (125) feet. 2. With public sewer or water: One hundred twenty-five (125) feet. 3. With public sewer and water: Eighty (80) feet. C. Minimum lot frontage: 1. With private sewer and water: One hundred (100) feet. 2. With public sewer or water: One hundred (100) feet. 3. With public sewer and water: Fifty-six (56) feet. 4. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width of district. (7-7-05.) Sec. 4-8005. - Bulk regulations. A. Maximum building height: 1. All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser. B. Maximum density: 1. Conventional single-family subdivision: Three (3) dwelling units per acre. 2. Townhouse developments: Ten (10) dwelling units per acre. 3. Multifamily residences and condominiums: Fourteen (14) dwelling units per acre. 4. Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net developable area. C. Minimum front yard setback: 1. Where rights-of-way is > fifty (50) feet, the minimum front yard setback is thirty (30) feet from property line. 2. Where rights-of-way is < fifty (50) feet, the minimum front yard setback is fifty-five (55) feet from centerline of road. D. Minimum side yard setback: 1. One (1) side: Eight (8) feet. 2. Both sides: Sixteen (16) feet. 100 E. Minimum rear yard setback:..... Twenty (20) feet. F. Maximum lot coverage:..... Thirty percent (30%). (7-7-05.) Sec. 4-8006. - Additional regulations. A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements. B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to article VII for general design guidelines and development review procedures. D. Refer to article VIII for landscaping and open space standards. E. Refer to article IX for sign standards. F. Refer to article X for vehicle parking facilities requirements. G. Refer to article XI for outdoor lighting requirements and restrictions. 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: Agricultural farm equipment sales and service Agricultural feed, seed, and farm supply service Agricultural service/agent Farmer's market * Forestry operation, silvicultural and/or timbering Greenhouse, commercial and/or nursery • Not in conjunction with residence B. Residential uses: 101 * Accessory apartment • Commercial accessory apartment C. Civic uses: Administrative service * Child care center Club * Community center Crisis center Cultural service * Education facility, primarysecondary Halfway house Life care facility * Modular classroom * Nursing home Park and ride facility Post office Public park and recreational area Public safety service Rehabilitation service * Utility service/minor D. Office uses: Financial institution General office Laboratory Medical office E. Commercial uses: * Antique shop Business support service Car wash * Commercial indoor sports and recreation * Construction office, temporary * Funeral home 102 * Garden Center * Golf course * Golf driving range Lawn and garden services * Motor vehicle parts/supply, retail Personal improvement service Personal service Retail sales Studio, fine arts Veterinary hospital/clinic Wholesale sales F. Miscellaneous uses: * Amateur radio tower 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: Agricultural farm product processing, warehousing and distribution service Greenhouse, private * Sawmill * Stable, commercial • Not in conjunction with residence B. Residential uses: Group home C. Civic uses: * Adult care center Assisted living facility *Cemetery • Church • Private • Public 103 * Child care institution Educational facility college/university Public sports/event facility * Public maintenance and service facility * Religious assembly Transit station * Utility service�major D. Commercial uses: Auction establishment * Bed and breakfast Boating and fishing facilities Business or trade school Catering Commercial indoor amusement Commercial indoor entertainment * Commercial outdoor entertainment/sports and recreation * Commercial outdoor swimming pool and tennis facility Construction sales and service * Contractor office and storage facility * Convenience store * Crematorium Dance hall * Flea market * Gasoline station Hospital Hospital, special care Hotelsimotelslmotor lodge/inn *Kennel, commercial *Marina Medical clinic * Micro -brewery, distillery, cidery 104 * Mini -warehouse * Motor vehicle dealership/new * Motor vehicle dealership/used * Motor vehicle/rental * Motor vehicle repair service/major *Motor vehicle repair service/minor Pawn shop Recreational vehicle sales and service * Restaurant, drive-in fast food Restaurant general Tattoo parlor * Taxidermy Truck stop F. Industrial uses: Custom manufacturing G. Miscellaneous uses: * Communication tower Parking facility, surface/structure * Reconstructed wetland Sec. 4-9004. - Lot size requirements. A. Minimum lot area: 1. Minimum lot area: Twenty thousand (20,000) square feet. 2. The required minimum area for lots served by private water or private sewer facilities may be increased when the Isle of Wight County Health Department requires a larger parcel to satisfy an on-site sewage disposal system. B. Minimum lot width:..... One hundred (100) feet. (7-7-05.) Sec. 4-9005. - Bulk regulations. A. Maximum height of structures: 1. All structures: Thirty-five (35) feet of three (3) stories, whichever is lesser. a. The height limit for principle structures may be increased to fifty (50) feet or up to five (5) stories, whichever is lesser; provided, that each required yard is increased one (1) foot for each 105 additional foot of principle structure height over thirty-five (35) feet. b. Where structures exceed the thirty -five-foot height requirement a building separation of thirty (30) feet shall be required. B. Maximum density: 1. Floor area ratio for nonresidential: Thirty-five hundredths (0.35) square foot per foot of net developable area. C. Minimum setback requirements: 1. Front yard: Thirty-five (35) feet. 2. Side yard: Five (5) feet. The side yard requirement may be reduced or waived by the zoning administrator when a principle structure is a part of a shopping center. 3. Rear yard: Five (5) feet. The rear yard requirement may be reduced or waived by the zoning administrator when a principle structure is part of a shopping center. D. Maximum lot coverage:..... Sixty percent (60%). E. Minimum open space ratio (OSR):..... Twenty-five percent (25%). (7-7- 05.) Sec. 4-9006. - Additional regulations. A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements. B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to article VII for general design guidelines and development review procedures. D. Refer to article VIII for landscaping and open space standards. E. Refer to article IX for sign standards. F. Refer to article X for vehicle parking facilities requirements. G. Refer to article XI for outdoor lighting requirements and restrictions. 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. 106 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). (7-7-05.) 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 55000, supplementary use regulations, for those specific uses. A. Agricultural uses: Agricultural farm equipment sales and service Agricultural feed, seed, and farm supply service Agricultural service/agent Farmer's market * Forestry operation, silvicultural and/or timbering Greenhouse, commercial and/or nursery • Not in conjunction with residence B. Residential uses: * Accessory apartment • Commercial accessory apartment C. Civic uses: Administrative service * Adult care center Assisted living facility * Child care center Club * Community center Crisis center Cultural service * Educational facility primary."secondary Life care facility * Modular classroom * Nursing home 107 Park and ride facility Post office Public sports/event facility * Public park and recreational area Public safety service Rehabilitation service Transit station * Utility service/minor D. Office uses: Financial institution General office Laboratory Medical office E. Commercial uses: * Antique shop Auction establishment Business support service Business or trade school Car Wash Catering 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 * Golf driving range Hospital W. Hotellmotel.r"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/major * Motor vehicle repair service/minor Pawn shop Personal improvement service Personal service * Restaurant, drive-in fast food Restaurant, general Retail sales Studio, fine arts Tattoo Parlor Taxidermy Veterinary hospitaliclinic Wholesale sales F. Industrial uses: Custom manufacturing G. Miscellaneous uses: * Amateur radio tower 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: Aquaculture Aquaculture, waterfront business 109 Greenhouse, private * Sawmill * Stable, commercial - Not in conjunction with residence B. Civic uses: * Cemetery - Church - Private - Public * Child care institution Educational facility, college/university * Public maintenance and service facility * Religious assembly * Utility service/major C. Commercial uses: * Bed and breakfast Boating and fishing facilities * 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 Hospital, special care * Kennel, commercial Laundry Manufactured home sales * Mini -warehouse * Motor vehicle dealershiplused 110 Motor vehicle/outdoor storage Recreational vehicle sales and service Truck stop E. Industrial uses: * Construction yard Refuse and recycling center F. Miscellaneous uses: * Communication tower Parking facility, surface/ structure * Reconstructed wetland Sec. 4-10004. - Lot size requirements. A. Minimum lot area: 1. Minimum lot area: Twenty thousand (20,000) square feet. 2. The required minimum area for lots served by private water or private sewer facilities may be increased when the Isle of Wight County Health Department requires a larger parcel to satisfy an on-site sewage disposal system. B. Minimum lot width:..... One hundred (100) feet. (7-7-05.) Sec. 4-10005. - Bulk regulations. A. Maximum height of structures: 1. All structures: Thirty-five (35) feet or three (3) stories, whichever is less. a. The height limit for principal structures may be increased to fifty (50) feet or up to five (5) stories, whichever is lesser; provided, that each required yard is increased one (1) foot for each additional foot of principal structure height over thirty-five (35) feet. b. Where structures exceed the thirty -five-foot height requirement a building separation of thirty (30) feet shall be required. B. Maximum density: 1. Floor area ratio for nonresidential: One-half (0.50) square foot per foot of net developable area. C. Minimum setback requirements: 1. Front yard: Thirty-five (35) feet. 2. Side yard: Five (5) feet. The side yard requirement may be reduced or waived by the zoning administrator when a principal structure is a part of a shopping center. 3. Rear yard: Five (5) feet. 111 The rear yard requirements may be reduced or waived by the zoning administrator when a principal structure is a part of a shopping center. D. Maximum lot coverage:..... Sixty percent (60°0). E. Minimum open space ratio (OSR):..... Twenty-five percent (25%). (7-7- 05.) Sec. 4-10006. - Additional regulations. A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements. B. Refer to article VI for regulations with the Historic Overlay (HO) District. Highway Corridor Overlay (HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to article VII for general design guidelines and development review procedures. D. Refer to article VIII for landscaping and open space standards. E. Refer to article IX for sign standards. F. Refer to article X for vehicle parking facilities requirements. G. Refer to article XI for outdoor lighting requirements and restrictions. Part 11. - Limited Industrial (LI) District. Sec. 4-11001. - 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: Agricultural farm equipment sales and service Agricultural farm product processing, warehousing and distribution service Agricultural feed, seed,and farm supply service Agricultural service/agent * Forestry operation, silvicultural and/or timbering Greenhouse, commercial and/or nursery • Not in conjunction with residence 112 * Sawmill B. Civic uses: Administrative service * Adult care center * Child care center Park and ride facility Public sport/events facility * Public maintenance and service facility Public safety service Transit station * Utility service/minor C. Office uses: General office Laboratory D. Commercial uses: Auction establishment Business or trade school Car wash Commercial indoor amusement Commercial indoor entertainment * Commercial indoor sports and recreation * Construction office, temporary Construction sales and service * Contractor office and storage facility * Convenience store Equipment sales and rental * Garden center * Golf driving range Laundry Lawn and garden services * Micro -brewery, distillery, cidery * Mini -warehouse 113 Motor vehicle/outdoor storage *Motor vehicle parts/supply, retail * Motor vehicle!rental * Motor vehicle repair service/major * Motor vehicle repair servicei'minor Pawn shop Retail sales Studio. fine arts Tattoo Parlor * Taxidermy Truck stop Wholesale sales E. Industrial uses: Brewery, distillery, cidery * Construction yard Custom manufacturing Industry, Type I * Recycling center Refuse and recycling center * Shipping container Transfer station Warehousing and distribution F. Miscellaneous uses: * Amateur radio tower Sec. 4-11003. - Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000. supplementary use regulations, for those specific uses. A. Agricultural uses: Agriculture Aquaculture Aquaculture, waterfront business 114 * Commercial feedlot * Livestock auction market * Reptile breeding Viticulture B. Civic uses: * Cemetary • Private • Public * Utility service;'major C. Commercial uses: Boating and fishing facilities Business support service * Commercial outdoor entertainmenUsports and recreation * Crematorium Dance hall * Flea market * Funeral home * Gasoline station * Hotellmotel'motor lodge.rinn * Kennel, commercial Manufactured home sales * Marina Personal improvement service Personal service * Restaurant, drive-in fast food Restaurant, general D. Industrial uses: Industry, Type II * Landfill, industrial * Landfill, rubble * Scrap and salvage service * Towing service storage yard 115 E. Miscellaneous uses: * Communication tower Parking facility, surface/structure * Reconstructed wetland Sec. 4-11004. - Lot size requirements. A. Minimum lot requirements: 1. Minimum lot area: Twenty thousand (20,000) square feet. 2. The required minimum area for lots served by private water or private sewer facilities may be increased when the Isle of Wight County Health Department requires a larger parcel to satisfy an on-site sewage disposal system. B. Minimum lot width:..... One hundred (100) feet. (7-7-05.) Sec. 4-11005. - Bulk regulations. A. Maximum height of structures: 1. All structures: Seventy-five (75) [feet]. a. The side and rear yard setbacks for any structure in excess of thirty-five (35) feet in height shall be increased one (1) foot for each additional foot of structure height over thirty-five (35) feet. b. Where structures exceed the thirty -five-foot height requirement a building separation of thirty (30) feet shall be required. c. See subsection 5-2000.D, for exceptions to height limits. B. Maximum density: 1. Floor area ratio for nonresidential: One-half (0.50) square foot per foot of net developable area. C. Minimum setback requirements: 1. Front yard: Thirty-five (35) feet. a. Industrial uses shall meet a setback of one hundred (100) feet, except that office buildings associated with the industrial use may meet the minimum thirty-five (35) feet setback. b. For lots within designated industrial park of twenty (20) acres or more, office buildings associated with the industrial use shall meet a setback of thirty-five (35) feet. 2. Side yard: Twenty (20) feet. 3. Rear yard: Twenty (20) feet. D. Maximum lot coverage:..... Sixty percent (60%). E. Minimum open space ratio (OSR): 05; 6-14-07; 8-20-09; 12-18-14.) Sec. 4-11006. - Additional regulations. ..... Twenty-five percent (25%). (7 -7 - 116 A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements. B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to article VII for general design guidelines and development review procedures. D. Refer to article VIII for landscaping and open space standards. E. Refer to article IX for sign standards. F. Refer to article X for vehicle parking facilities requirements. G. Refer to article XI for outdoor lighting requirements and restrictions. 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; 5-21-06.) 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: Agricultural farm equipment sales and service Agricultural farm product processing, warehousing and distribution service Agricultural feed, seed, and farm supply service Agricultural service/agent * Commercial feedlot * Forestry operation, silvicultural and/or timbering Greenhouse, commercial and/or nursery • Not in conjunction with residence * Livestock auction market * Sawmill B. Civic uses: 117 Administrative service * Adult care center Park and ride facility * Public maintenance and service facility Public safety service Transit station * Utility service/minor C. Office uses: Laboratory D. Commercial uses: Auction establishment Boating and fishing facilities Business or trade school Car Wash * Construction office, temporary Construction sales and service * Contractor office and storage facility * Convenience store Equipment sales and rental Garden center Laundry Lawn and garden services * Micro -brewery, distillery, cidery * Mini -warehouse Motor vehicle/outdoor storage * Motor vehicle parts/supply, retail * Motor vehicle` rental * Motor vehicle repair service/major * Motor vehicle repair service/minor Tattoo parlor * Taxidermy 118 Truck stop Wholesale sales E. Industrial uses: Brewery, distillery, cidery * Construction yard Custom manufacturing Industry, Type I Industry, Type I1 Meat packing * Recycling center Refuse and recycling center * Shipping container Transfer station Warehousing and distribution F. Miscellaneous uses: * Amateur radio tower 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 Aquaculture Aquaculture, waterfront business * Reptile breeding Viticulture B. Civic uses: Correctional facility * Utility service/major C. Commercial uses: * Adult Entertainment Establishment * Commercial outdoor entertainment/sports and recreation 119 * Flea market * Gasoline station * Kennel, commercial 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, commercial * Aviation facility, general * Aviation facility, private * Communication tower Parking facility, surface/structure * Reconstructed wetland * Shooting range, outdoor * Turkey shoot Sec. 4-12004. - Lot size requirements. A. Minimum lot requirements: 1. Minimum lot area: Twenty thousand (20,000) square feet. 2. The required minimum area for lots served by private water or private sewer facilities may be increased when the Isle of Wight County Health Department requires a larger parcel to satisfy an on-site sewage disposal system. B. Minimum lot width:..... One hundred (100) feet. (7-7-05; 8-21-06.) Sec. 4-12005. - Bulk regulations. A. Maximum height of structure: 1. All structures: Seventy-five (75) feet. a. The side and rear yard setbacks for any structure in excess of thirty-five (35) feet in height shall be increased one (1) foot for each additional foot of structure height over thirty-five (35) feet. 120 b. Where structures exceed the thirty -five-foot height requirement a building separation of thirty (30) feet shall be required. c. See subsection 5-2000.D, for exceptions to height limits. B. Maximum density: 1. Floor area ratio for nonresidential: One-sixth (0.60) square foot per foot of net developable area. C. Minimum setback requirements: 1. Front yard: Thirty-five (35) feet. a. Industrial uses shall meet a setback of one hundred (100) feet, except that office buildings associated with the industrial use may meet the minimum setback of thirty-five (35) feet. b. For lots within designated industrial park of twenty (20) acres or more, office buildings associated with the industrial use shall meet a setback of thirty-five (35) feet. 2. Side yard: Twenty (20) feet. 3. Rear yard: Twenty (20) feet. D. Maximum lot coverage:..... Sixty percent (60%). E. Minimum open space ratio (OSR):..... Twenty-five percent (25%). (7-7- 05; 8-21-06; 8-20-09.) Sec. 4-12006. - Additional regulations. A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements. B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District. Floodplain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to article VII for general design guidelines and development review procedures. D. Refer to article VIII for landscaping and open space standards. E. Refer to article IX for sign standards. F. Refer to article X for vehicle parking facilities requirements. G. Refer to article XI for outdoor lighting requirements and restrictions. Part 13. - General Industrial Conservation (GIC) District. Sec. 4-13001. - 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 121 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: Agricultural farm equipment sales and service Agricultural farm product processing, warehousing and distribution service Agricultural feed, seed, and farm supply service Agricultural service/agent * Forestry operation, silvicultural and/or timbering Greenhouse, commercial and/or nursery • Not in conjunction with residence * Sawmill B. Civic uses: Administrative service * Adult care center Park and ride facility * Public maintenance and service facility Public safety service Transit station * Utility service/minor C. Office uses: General office D. Commercial uses: Auction establishment Boating and fishing facilities Business or trade school * Construction office, temporary Construction sales and service * Contractor office and storage facility Equipment sales and rental 122 Garden center * Micro -brewery, distillery, cidery * Mini -warehouse Motor vehicle/outdoor storage Wholesale sales E. Industrial uses: * Abattoir or livestock processing Brewery, distillery, cidery * Construction yard Industry, Type I Industry. Type II Meat packing * Recycling center Refuse and recycling center * Shipping container Transfer station Warehousing and distribution F. Miscellaneous uses: * Amateur radio tower 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. Agricultural uses: Agriculture Aquaculture Aquaculture, waterfront business * Commercial feedlot * Livestock auction market Viticulture -A B. Civic uses: Correctional facility 123 * Utility service/major B. Industrial uses: * Asphalt plant Industry, Type III * Landfill, industrial * Landfill, rubble * Resource extraction * Scrap and salvage service * Towing service storage yard C. Miscellaneous uses: * Aviation facility, commercial * Aviation facility, general * Aviation facility, private * Communication tower Parking facility, surface/structure * Reconstructed wetland * Shooting range, outdoor * Turkey shoot Sec. 4-13004. - Lot size requirements. A. Minimum lot requirements: 1. Minimum lot area: Twenty thousand (20,000) square feet. 2. The required minimum area for lots not served by either public water or sewer facilities may be increased when the Isle of Wight County Health Department requires a larger parcel to satisfy an on-site sewage disposal system. B. Minimum lot width:..... One hundred (100) feet. (7-7-05.) Sec. 4-13005. - BuIk regulations. A. Maximum height of structures: 1. All structures: Seventy-five (75) feet. a. The side and rear yard setbacks for any structure in excess of thirty-five (35) feet in height shall be increased one (1) foot for each additional foot of structure height over thirty-five (35) feet. b. Where structures exceed the thirty -five-foot height requirement a building separation of thirty (30) feet shall be required. c. See subsection 5-2000.D, for exceptions to height limits. B. Minimum setback requirements: 124 1. Front yard: Thirty-five (35) feet. a. Industrial uses shall meet a setback of one hundred (100) feet from the right-of-way of any existing street which abuts or borders the use, except that uses located within a designated industrial park of twenty (20) acres or more shall meet a setback of fifty (50) feet from any street right-of-way. b. For lots within a designated industrial park of twenty (20) acres or more, office buildings associated with the industrial use shall meet a setback of thirty-five (35) feet. 2. Side yard: Twenty (20) feet. 3. Rear yard: Twenty (20) feet. (7-7-05.) Sec. 4-13006. - Additional regulations. A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements. B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to article VII for general design guidelines and development review procedures. D. Refer to article VIII for landscaping and open space standards. E. Refer to article IX for sign standards. F. Refer to article X for vehicle parking facilities requirements. G. Refer to article XI for outdoor lighting requirements and restrictions. Part 14. - Planned Development Districts. Sec. 4-14000. - Planned development districts. Planned development districts are designed to encourage innovative and creative design of residential, commercial, and industrial development with an improved level of amenities, appropriate and harmonious to the development; facilitate use of the most advantageous construction techniques; and maximize the conservation and efficient use of open space and natural features. These districts are designed to further the purposes and provisions of the comprehensive plan and to conserve public fiscal resources, efficiently utilize public facilities and resources, provide a broad range of housing and economic opportunities to present and future residents of the county. (7-7-05.) Sec. 4-14001. - Types of planned developments. 125 The following types of planned developments shall be permitted subject to the provisions of this article: A. Planned Development Residential: PD- R District. B. Planned Development Manufactured Home District: PD -MH District. C. Planned Development Commercial Park: PD -CP District. D. Planned Development Mixed Use: PD -MX District. E. Planned Development Industrial Park: PD -IP District. (7-7-05.) Sec. 4-14002. - Conditions. Rezoning to a planned development district will be permitted only in accordance with a master development plan which is recommended by the planning commission and approved by the board of supervisors in accordance with the procedures and standards contained within this ordinance. (7-7-05.) Sec. 4-14003. - Location. In order to further the purpose and intent of the comprehensive plan, the following regulations shall guide the location of planned developments. A planned development district may only be created within the boundaries of the designated development service districts, subject to all requirements of this ordinance. The development shall be so located and developed that it will not exceed the capacity of the adjacent roads which serve the property, or the capacity of public sewer and water systems in the event connections to them are proposed, or the capacity to provide reasonable and timely response to requests for police, fire and ambulance services unless the applicant shall dedicate right-of-way, contribute to the construction of new facilities or create such facilities to the extent of his fair share of such as a percentage of his land developed and so served. The rate of development shall not exceed the rate of construction and increasing capacity of the limiting facilities. (7--7- 05.) Sec. 4-14004. - Application procedure. Any application for the designation to a planned development district shall be accompanied by a master development plan and shall meet the requirements set forth in this ordinance for requesting zoning amendments pursuant to section 1-1015. A. Preapplication requirement. ..... Prior to filing an application for planned development, the applicant shall prepare a preliminary plan showing the concept, character and nature of the proposed development for review by the director of planning and zoning and other county department heads or their designees, as the director deems appropriate. The preliminary plan shall show the following information: 1. Location of residential and nonresidential land uses; 2. Categories of uses to be permitted; 126 3. Overall maximum density of residential uses and intensity of nonresidential uses; 4. Location of vehicular and pedestrian circulation systems; 5. Location and extent of public and private open space and community facilities; 6. Location of sewer, water, and drainage systems; and 7. Projected phasing of development. Upon completion of the preliminary plan review by the director of planning and zoning, the applicant shall be provided with written comments and/or recommendations as may be used to inform and assist the applicant in preparing an application for approval of the planned development. Upon request by the director or the applicant, a pre -application conference may be held. No communications received by the applicant or the county in conjunction with review and comment on the preliminary plan are binding on either the county or the applicant. (7-7-05.) Sec. 4-14005. - Submission requirements. Applications for a planned development amendment shall be submitted as required for other zoning amendments. Materials submitted with the application or on subsequent request by the planning commission shall include all plans, maps, studies and reports which may reasonably be required to make the determinations called for in the particular case, with sufficient copies for necessary referrals and records. All maps taken together with all reports and other written materials shall be considered the master development plan. The following shall be submitted for a planned development application: A. The names and addresses of all professional consultants advising the applicant with respect to the proposed planned development. B. A written statement generally describing the proposed planned development, the market which it is intended to serve and its relationship to the Isle of Wight County Comprehensive Plan. C. A general land use plan prepared by a licensed surveyor, engineer, architect, landscape architect or planner utilizing a scale so that the entire parcel can be shown on one (1) piece of paper no larger than thirty (30) inches by forty (40) inches. In no case, however, shall the scale be less than one (1) inch equals eight hundred (800) feet. The scale used shall be acceptable to the director of planning and zoning. The general land use plan shall include but not be limited to: 1. An inset map at a scale of not less than one (1) inch equals one (1) mile showing the property in relation to surrounding roads, subdivision or major landmarks. 2. A north arrow and graphic scale. 127 3. The location of existing property lines, watercourses or lakes, wooded areas and existing roads which are within or adjoin the property. 4. A description of the type, location and nature of land use within each area of the development, including intensity of use. Intensity of use may be regulated as follows: a. For nonresidential development, the intensity of development may be regulated: (a) by specifying the maximum square footage or gross leasable area, (b) by specifying setbacks, height and bulk restrictions, or (c) by a combination of such restrictions for the project as a whole or for components or subareas within the project. In addition, nonresidential planned development plans may specify performance standards to be imposed on the project and restrictions regarding location and nature of industrial, commercial and other nonresidential activities. The maximum density of a nonresidential planned development shall not exceed the maximum density allowed under the planned development commercial park (section 4- 17000), planned development mixed use (section 4-18000) and planned development industrial park (section 4-19000) districts, whichever may be applicable. b. The maximum number of dwelling units in a planned development shall not exceed the maximum density allowed under the planned development residential (section 4-15000), planned development manufactured home park (section 4- 16000) and planned development mixed use (section 4-18000) districts, whichever may be applicable, and shall be calculated as set forth in the applicable district regulations. 5. A proposed traffic circulation concept which illustrates both arterial and internal collector streets related to the development, including proposed right-of-way. 6. A generalized layout and description of water and sewer service, schools, fire protection, recreation and similar essential services. 7. A delineation and description of the minimum open space and common areas, the location of any proposed improvements within the open space and common areas, and any perimeter and buffer areas. 8. A general statement describing the provision that is to be made for the dedication or care and maintenance of any public or private open space or service facilities. 9. A tabulation of the following information: a. The total number of dwelling units proposed by type of structure; b. The total square feet of building floor area for nonresidential uses by general type; 128 c. The total land area, expressed in acres and a percent of the total development area, proposed to be devoted to residential and nonresidential uses by type of use, and open space; d. The proposed schedule of off-street parking and loading spaces for each proposed type of land use; and e. Bulk, area and height restrictions specified for the project as a whole or for subareas and/or components of the project. D. A community impact statement in accordance with the requirements of subsection 1-1015.F. E. A plan or report indicating the extent, timing, and estimated cost of all off-site improvements such as roads, water, sewer and drainage facilities necessary to the construction of the planned development. Such plan or report shall relate to the sequence of development. If the planned development is proposed for construction in phases during a period extending beyond one (1) year, a proposed development schedule shall be submitted for each phase stating the following: 1. The overall chronology of development to be followed from phase to phase with approximate dates for beginning and completion of each development phase. 2. The infrastructure improvements that will be completed with each phase of construction and the estimated cost of each phase. 3. The proposed intensity of use for each type of land use to be provided or constructed during each phase and the projected market absorption for each use type. 4. The total amount of public and private open space, and recreational uses to be provided or constructed during each phase. F. Evidence that the applicant has sufficient control over the subject property to effectuate the proposed planned development, including a statement of legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including a current certificate abstract of title of commitment from title insurance. G. Architectural sketches of typical proposed residential and nonresidential structures, typical recreation areas, typical landscaping and screening areas, and typical development clusters. In addition, architectural specifications, guidelines, review procedures, statement of architectural variety and enforcement mechanisms for architectural review of all buildings and structures shall be provided. H. The appropriate filing fee. I. All written and graphic information submitted as a part of an application for a planned development shall be considered as conditions of the application, and once approved by the board of supervisors, shall be binding on the property owner. (7-7-05.) Sec. 4-14006. - Regulations pertaining to all planned developments. 129 A. A planned development shall comply with the following design criteria unless otherwise approved by the board of supervisors during the approval of the master development plan, with a recommendation from the planning commission: 1. Dimensional and use requirements. a. Residential planned development shall be in accordance with the Planned Development Residential (PD -R) District regulations and the Planned Development Manufactured Home Park (PD -MH) regulations, whichever may be applicable. b. Commercial, office, public and semipublic planned development shall be in accordance with Planned Development Commercial Park (PD -CP). c. Industrial planned development shall be in accordance with Planned Development Industrial Park (PD -IP). d. Mixed-use planned development shall be in accordance with Planned Development Mixed Use (PD -MX). 2. Utilities...... All development within all planned development districts shall be served by public utility facilities. 3. Street, sidewalks, street lighting and stormwater drainage. a. All streets, sidewalks, street lighting, and stormwater drainage improvements shall meet the design and construction requirements of all applicable county ordinances and Virginia Department of Transportation. b. Private streets may be permitted upon the approval of the board of supervisors. c. Pedestrian pathways or bikeways shall be provided and may be located parallel to the street or away from the road system with considerations for safety and convenient access, and the preservation of natural features and provide visual interests. d. Street lights shall generally be provided at each intersection and adequately spaced in parking lots and other public areas. e. Drainage facilities for the adequate control of stormwater drainage and erosion and sedimentation shall be provided in accordance with the Virginia Erosion and Sediment Control Handbook and the Virginia Department of Transportation Drainage Manual. 4. [Fire hydrants.] ..... Fire hydrants shall be at locations and of types approved by the county. 5. [Other features.] ..... Natural features and amenities, which would add value to the development or to the county as a whole, such as trees, watercourses, historical features, and similar irreplaceable assets, shall be preserved to the maximum extent possible. 6. [Signs.] ..... Signs shall be in accordance with ordinance requirements. 7. Open space and recreation. 130 a. Existing trees eight (8) inches or more in diameter measured at breast height (four and one-half (4'ri) feet from ground level) shall be given high priority in determining the location of open space, structures, underground utilities, walks, and paved areas. Areas in which trees are preserved shall remain at original grade level and shall remain undisturbed wherever possible. b. Developed open space shall be designed to provide active recreation facilities, which include such complementary improvements as are necessary and appropriate for the use, benefit, and enjoyment of the residents of the development. c. Undeveloped open space shall be designed to preserve important site amenities and environmentally sensitive lands. 8. [Applicability.] ..... Where development and/or design standards are not established by these districts or during the master plan approval process, the provisions of this ordinance shall apply, as determined by the zoning administrator. B. Variations to design criteria. 1. Exceptions to the design criteria as outlined above under subsection A. may be granted by board of supervisors following a recommendation from the planning commission provided that: a. Such exception shall be solely for the purpose of promoting an integrated plan no less beneficial to the residents or occupants of the development, as well as neighboring property, than would be obtained under the applicable regulation. b. The uniqueness of the proposal requires that geometric design of streets, sidewalks and street lights be modified in the interest of the inhabitants and are not inconsistent with the interests of the county as a whole. 2. It shall be the responsibility of the applicant to demonstrate to the satisfaction of the planning commission and the board of supervisors with respect to any requested waiver or modification: a. That the waiver or modification will result in design and construction that is in accordance with accepted engineering standards; b. That the waiver or modification is reasonable because of the high level of design and construction that will be incorporated in the planned development; c. That any waiver or modification to street geometry is reasonable with respect to the generation of vehicular traffic that is estimated to occur within the area of the master development plan; d. That any waiver or modification as to sidewalks required for collector streets or larger commercial areas, industrial areas and residential areas where densities exceed ten (10) dwelling units per acre be justified on the basis of anticipated pedestrian traffic or 131 because other provisions are made for pedestrian traffic and that all sidewalks or pedestrian ways not within the public rights-of- way are maintained by the property owners association; e. That traffic lanes of streets are sufficiently wide to carry the anticipated volume and speed of traffic; £ That the developer shall make provisions to have all streets, sidewalks and stormwater drainage modifications approved in advance by the Virginia Department of Transportation; and g. That the developer shall have provisions approved in advance by the director of public works for the maintenance of decorative street lights which are more expensive to maintain than county standard streetlights. C. Use exceptions. 1. In the case of planned developments, the planning commission may recommend and board of supervisors may authorize, specific uses not permitted in the district, provided such uses do not occupy more than thirty percent (30%) of the gross acreage of the total project and that the board of supervisors consider the following in making their determination: a. That the uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development. b. That the uses permitted by such exception are not of such a nature or located so as to exercise a detrimental influence on the surrounding neighborhood. 2. Conditional uses may be considered and granted as part of the approved master development plan. D. [Development standards and architectural guidelines.] ..... Development standards and architectural guidelines in a master development plan approved by the board of supervisors that are designated as controlling over standards and guidelines for the Highway Corridor Overlay (HCO) District or the Newport Development Service Overlay (NDSO) District specifically identified as conflicting by the applicant, shall be effective with respect to the related planned development. Standards and guidelines for the HCO District or the NDSO District that are not specifically identified as conflicting and supplanted in the approved master development plan shall be effective with respect to the planned development. (7-7-05.) Sec. 4-14007. - Modifications to the approved master development plan. A. Minor modifications. 1. Minor modifications of the master development plan may be authorized by the planning commission, provided the modification will not: 132 a. Change by more than ten (10) percent (up to a maximum of ten (10) acres) the amount of area devoted to any residential or nonresidential use, provided that there is no increase in the total number of dwelling units. b. Decrease the amount of area devoted for private and/or public open space more than five percent (5%) (up to a maximum of five (5) acres). c. Relocate the approved circulation elements to any extent that would decrease the ability of such elements to function efficiently or adversely affect their relation to surrounding lands and circulation elements. d. Alter the arrangement of land uses, other than the expansion or contraction of the boundaries of approved land uses. e. Depart from the approved master development plan in any other manner which the planning commission shall, based on stated findings and conclusions, find materially alters the plan or concept for the proposed planned development. f. Be contrary to the legislative intent of the board of supervisors in approving said master development plan. B. Major modifications. ..... Any proposed major modification, as determined by the planning commission, shall not be approved without amendment to the master development plan in accordance with the same procedures as specified for initial submission. (7-7-05.) Part 15. - Planned Development Residential (PD -R) District. Sec. 4-15001. - General description. Planned development residential districts are designed to encourage innovative and creative design of residential development; facilitate use of the most advantageous construction techniques; maximize the conservation and efficient use of open space and natural features; and provide a variety of affordable types of housing. This district is limited to locations within the development service district(s) associated with the comprehensive plan where public benefits, in the form of highway improvements, utilities, affordable housing, parks, sites appropriate for construction of schools or other needed community facilities, are provided as a part of the development approval process in exchange for higher densities. Threshold size and location requirements for their designation are included to guide decisions concerning their location. Sec. 4-15002. - 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. 133 A. Agricultural uses: Farmer's market * Forestry operation, silviculturaI and/or timbering B. Residential uses: * Accessory apartment Residential accessory apartment • Commercial accessory apartment * Community recreation * Condominium Dwelling, single-family Dwelling, two-family duplex * F++amily day care home * Home occupation, Type I * Multifamily dwelling * Temporary emergency housing * Townhouse C. Civic uses: * Community center Cultural service * Educational facility, primary, -'secondary Life care facility * Modular classroom * Nursing home Post office Public park and recreational area * Utility service/minor D. Commercial uses: * Construction office, temporary * Golf course Real estate office, temporary E. Miscellaneous uses: * Amateur radio tower 134 * Reconstructed wetland Sec. 4-15003. - Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Greenhouse, private * Stable, commercial In conjunction with residence * Stable, private B. Residential uses: * Boathouse * Dwelling, multifamily conversion Group home C. Civic uses: * Adult care center Assisted living facility * Cemetery • Church * Child care center * Child care institution Club Educational facility, college/university Halfway house Park and ride facility Public safety service * Religious assembly * Utility service/major D. Commercial uses: * Bed and breakfast Boarding house Commercial indoor entertainment 135 * Commercial indoor sports and recreation * Commercial outdoor swimming pool and tennis facility * Marina Sec. 4-15004. - Lot size requirements. A. Minimum tract size:..... The minimum area required for creation of PD -R District is twenty (20) acres. The minimum required area may be in a parcel in single ownership or in combination with contiguous parcels. If an application is to be made for rezoning to a planned development residential in contiguous parcels, the applicant must provide legal agreements showing marketable title to the subject properties and the source of the applicant's title and interest in the subject properties. B. Minimum lot area: 1. Single-family detached home: Eight thousand (8,000) square feet. 2. Zero lot line: Six thousand (6,000) square feet. C. Minimum lot width: 1. Single-family detached home: Sixty (60) feet. 2. Zero lot line: Fifty (50) feet. D. Minimum frontage requirements: 1. Single-family detached: Forty-eight (48) feet. 2. Zero lot line: Forty (40) feet. E. [Lot size compliance.] ..... The lot size requirements for an attached townhouse or for a multifamily dwelling developments shall comply with the provisions in the supplementary use regulations in section 5-5002. (7- 7-05.) Sec. 4-15005. - Visual buffer requirements. A. All structures, including accessory structures, shall be located at least seventy (70) feet from the right-of-way of any existing street, which abuts or borders the development. (7-7-05; 8-20-09.) Sec. 4-15006. - Bulk regulations. A. Maximum building height: 1. All buildings: Thirty-five (35) feet or three (3) stories, whichever is Iesser. B. Maximum density: 1. Conventional single-family subdivision: Three and one-half (3.5) dwelling units per acre. 2. Floor area ratio for nonresidential: One-fourth (0.25) square foot per foot of net developable area. 3. The density requirements for an attached townhouse or a multifamily dwelling development shall comply with the provisions in the supplementary use regulations in section 5-5002. 136 C. Minimum setback requirements: 1. Minimum front yard setback: a. Single-family detached: Twenty-five (25) feet. b. Zero lot line: Twenty-five (25) feet. 2. Minimum side yard setback: a. Single-family detached: Eight (8) feet. b. Zero lot line: Zero (0) to ten (10) feet. 3. Minimum rear yard setback: a. Single-family detached: Twenty (20) feet. b. Zero lot line: Twenty (20) feet. 4. [Bulk regulations.] ..... The bulk regulations for an attached townhouse or a multifamily dwelling development shall comply with the provisions in the supplementary use regulations in section 5-5002. D. Maximum lot coverage: 1. Single-family detached: Forty percent (40%). 2. Zero lot line: Fifty percent (50%). 3. The maximum coverage requirements for an attached townhouse or a multifamily dwelling development shall comply with the provisions in the supplementary use regulations in section 5-5002. E. Landscaping. 1. The minimum landscaping requirements for an attached townhouse or a multifamily dwelling development shall comply with the provisions in the supplementary use regulations in section 5-5002 and the requirements of article VIII. (7-7-05.) Sec. 4-15007. - Additional regulations. A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements. B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to article VII for general design guidelines and development review procedures. D. Refer to article VIII for landscaping, and open space standards. E. Refer to article IX for sign standards. F. Refer to article X for vehicle parking facilities requirements. G. Refer to article XI for outdoor lighting requirements and restrictions. (7- 7-05.) 137 Part. 16. - Planned Development Manufactured Home Park (PD -MH) District. Sec. 4-16001. - General description. A. The intent of the planned development manufactured home park district is to provide for planned manufactured home residential developments including related recreational and service facilities. B. It is further the purpose to provide sites for such developments at appropriate locations within Isle of Wight County in relation to the existing and potential development of the surrounding areas. These sites will be compatible with other uses and community facilities in such a manner as to afford a proper setting for such developments consistent with the objectives and recommendations of the comprehensive plan. C. It is the intent of the planned development manufactured home park district to provide the maximum amount of freedom possible in the design of manufactured home developments and the grouping and layout of manufactured homes within such developments; to provide the amenities normally associated with planned residential areas; to require the development of well planned associated facilities and services linking residential and recreational facilities; to encourage site development plans which will maximize compatibility between manufactured home developments and the development on adjoining land; and, to permit freedom in type of ownership within manufactured home developments. D. In order to assist in achieving the flexibility of design needed for the implementation of these purposes, a master development plan is required to be submitted as a part of the rezoning application for a planned development manufactured home park district in accordance with section 4-14000, planned development districts. If the rezoning is granted, a detailed site plan must be submitted and approved prior to the issuance of a zoning and land disturbing permit. The site plan must comply with all of the specific and general requirements contained herein. (7-7-05.) Sec. 4-16002. - 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 and/or timbering B. Residential uses: * Community recreation * Home occupation, Type I * Manufactured home, Class A * Manufactured home, Class B 138 Manufactured home park Manufactured home subdivision C. Civic uses: * Utility service/minor D. Commercial uses: * Construction office, temporary Real estate office, temporary E. Miscellaneous uses: * Amateur radio tower Sec. 4-16003. - 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: Park and ride facility * Utility service/major B. Miscellaneous uses: * Reconstructed wetland Sec. 4-16004. - Lot size requirements. A. Minimum tract size:..... The minimum required area may be in a parcel in single ownership or in combination with contiguous parcels. If an application is to be made for rezoning to planned development districts in contiguous parcels, the applicant must provide legal agreements showing marketable title to the subject properties and the source of the applicant's title and interest in the subject properties. 1. Manufactured home park: Ten (10) acres. 2. Manufactured home subdivision: Ten (10) acres. 3. Manufactured home park and subdivision: Twenty (20) acres. a. In the case of a combination manufactured home park and subdivision, the park portion shall be separate from the subdivision and the subdivision portion shall consist of a minimum of ten (10) acres. B. Minimum lot area:..... Six thousand (6,000) square feet. C. Minimum lot width:..... Sixty (60) feet. D. Minimum Iot frontage:..... Sixty (60) feet. (7-7-05.) Sec. 4-16005. - Buffer requirements. A. In addition to the single-family residential lot landscaping requirements of subsection 8-1005.F, at a minimum, all manufactured home 139 developments shall provide buffer zone landscaping between the development and any land not zoned or utilized for a manufactured home development. The buffer zone landscaping shall meet the design and points specifications for civic use types. B. All structures, including accessory structures, shall be located at least seventy (70) feet from the right-of-way of any existing street, which abuts or borders the development. C. No part of any manufactured home shall be located within ten (10) feet of any common driveway, pedestrian walkway, vehicle parking area or other common area within the manufactured home development. D. No manufactured home shall be located closer than forty (40) feet to any service building within the manufactured home development. (7-7-05.) Sec. 4-16006. - Bulk regulations. A. Maximum building height: 1. All buildings: Thirty (30) feet or two (2) stories, whichever is lesser. B. Density requirements: 1. Maximum number of spaces or lots: Two hundred (200). 2. Minimum number of spaces or lots: Fifteen (15). 3. Manufactured home units per acre: Six (6). 4. Floor area ratio for nonresidential: One-fourth (0.25) square feet per foot of net developable area. C. Minimum setback requirements: 1. Minimum front yard setback: Twenty (20) feet. 2. Minimum side yard setback: a. Interior lot or space: One (1) side: Ten (10) feet. Both sides: Twenty-five (25) feet. b. Corner lot or space: Twenty (20) feet. 3. Minimum rear yard setback: a. Manufactured home park: Ten (10) feet. b. Manufactured home subdivision: Twenty (20) feet. D. Maximum building coverage:..... Thirty-five percent (35%). E. Minimum open space ratio:..... Forty percent (40%). (7-7-05.) Sec. 4-16007. - Manufactured home subdivision standards. A. [Compliance required.] ..... All manufactured home subdivision developments shall further comply with the requirements of the Isle of Wight County Subdivision Ordinance. B. Design compatibility. ..... The design of the manufactured home subdivision development shall provide for compatibility between the use and development of the adjacent land and the manufactured home 140 development to the maximum extent possible, either by locating doublewide manufactured homes adjacent to land for which the comprehensive plan recommends a single-family detached zone, or by location of open spaces and landscaping, or by such other methods as may be desirable or appropriate. C. Utilities—Water and sewage systems. ..... Manufactured home subdivision developments shall be provided with central water and public sewerage systems constructed in accordance with standards and specifications for such systems and be approved by all appropriate agencies including the Isle of Wight County Department of Public Utilities and the Hampton Roads Sanitation District. D. Private streets...... Private streets shall meet the design, material and construction standards established by the Virginia Department of Transportation. A maintenance plan shall be prepared and submitted as part of the site development plan approval process. E. Utility lines...... All utility lines shall be installed below the surface of the ground. F. Lighting. ..... Lighting shall be installed in accordance with article XI (outdoor lighting requirements and restrictions) and shall be arranged to shine inward so that it does not encroach onto adjacent properties or impair the safe movement of traffic. G. Screening...... In addition to the single-family residential lot landscaping requirements of section 8-1005 and the buffer zone requirements of section 4-16005, screening shall be utilized around all service structures, equipment, and/or outdoor storage yards in accordance with the screening zone specifications of section 8-1005. H. Open space ...... A minimum of forty percent (40%) of the total area of the tract to be developed, excluding rights-of-way, must be established in open space. 1. Recreational areas...... Not less than twenty-five percent (25%) of the open space shall be devoted to common recreational areas and facilities, such as playgrounds or community buildings. Where only one (1) recreational area is provided, it shall be in a central location conveniently accessible to all dwellings. In manufactured home subdivisions of fifteen (15) acres or larger, decentralized facilities may be provided. No recreation area shall be credited toward meeting these requirements unless it contains at least thirty thousand (30,000) square feet. Recreational facilities and areas shall be located, designed and improved so as to minimize traffic hazards to users and adverse effects on surrounding residential uses. J. Accessory uses and structures...... Accessory uses and structures may be permitted as part of the manufactured home subdivision development. The following uses and structures are generally considered accessory or clearly incidental to the principal residential use: 1. Storage buildings; 141 2. Structures and facilities provided for the exclusive use of the residents of the manufactured home subdivision development (i.e., community centers, recreational areas, child care centers, etc.). 3. Service buildings intended for public use and housing storage or sanitation and laundry facilities or any such facilities shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems. The service building shall be well lighted at all times of the day and night, shall be constructed of such moisture proof material, including painted woodwork, as shall permit repeated cleaning and washing and shall be maintained at a temperature of at least sixty-eight (68) degrees Fahrenheit during the period from October 1 to May 1. The floors of the service buildings shall be of water impervious material. All service buildings and grounds of the manufactured home subdivision development shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance. K. Management of common and open spaces in manufactured home subdivisions. 1. All common and open spaces shall be preserved for their intended purpose as expressed on the approved subdivision plat. 2. A management structure consisting of a nonprofit association, corporation, trust, or foundation for all owners of residential property within the development shall be established to insure the maintenance of open space and other facilities. 3. The management structure shall be established prior to the sale of any property. 4. Membership in the management structure shall be mandatory for all residential property owners, present or future, within the development. 5. The management structure shall manage all common and open spaces, recreational and cultural facilities, and private streets, and shall provide for the maintenance, administration and operation of said land and improvements, and secure adequate liability insurance on the land. (7-7-05.) Sec. 4-16008. - Manufactured home park standards. A. Design compatibility. ..... The design of the manufactured home park development shall provide for compatibility between the use and development of the adjacent land and the manufactured home development to the maximum extent possible, either by locating doublewide manufactured homes adjacent to land for which the comprehensive plan recommends a single-family detached zone, or by location of open spaces and landscaping, or by such other methods as may be desirable or appropriate. 142 B. Utilities ..---Water and sewage systems. ..... Manufactured home park developments shall be provided with central water and public sewerage systems constructed in accordance with standards and specifications for such systems and be approved by all appropriate agencies including the Isle of Wight County Department of Public Utilities and the Hampton Roads Sanitation District. C. Private streets...... Private streets shall meet the design, material and construction standards established by the Virginia Department of Transportation. A maintenance plan shall be prepared and submitted as part of the site development plan approval process. D. Utility lines...... All utility lines shall be installed below the surface of the ground. E. Lighting. ..... Lighting shall be installed in accordance with article XI (outdoor lighting requirements and restrictions) and shall be arranged to shine inward so that it does not encroach onto adjacent properties or impair the safe movement of traffic. F. Screening...... In addition to the single-family residential lot landscaping requirements of section 8-1005 and the buffer zone requirements of section 4-16005, screening shall be utilized around all service structures, equipment, and/or outdoor storage yards in accordance with the screening zone specifications of section 8-1005. G. Open space...... A minimum of forty percent (40%) of the total area of the tract to be developed, excluding rights-of-way, must be established in open space. H. Recreational areas...... Not less than twenty-five percent (25%) of the open space shall be devoted to common recreational areas and facilities, such as playgrounds or community buildings. Where only one (1) recreational area is provided, it shall be in a central location conveniently accessible to all dwellings. In manufactured home park developments of fifteen (15) acres or larger, decentralized facilities may be provided. No recreation area shall be credited toward meeting these requirements unless it contains at least thirty thousand (30,000) square feet. Recreational facilities and areas shall be located, designed and improved so as to minimize traffic hazards to users and adverse effects on surrounding residential uses. I. Space markings...... Each manufactured home space in a manufactured home park shall be clearly defined on the ground with a permanent marker. J. Off-street parking...... A minimum of two (2) off-street vehicle parking spaces shall be provided for each manufactured home unit. Within a manufactured home park, vehicle parking may be provided on the manufactured home space or within a common off-street parking area. K. Accessory structures and uses...... Accessory structures and uses may be permitted as part of the manufactured home park development. The 143 following structures and uses are generally considered accessory when or clearly incidental to the principal residential use: 1. Management office; 2. Storage buildings; 3. Structures and facilities provided for the exclusive use of the residents of the manufactured home park development (i.e., community centers, recreational areas, child care centers, etc.); 4. Service buildings intended for public use and housing or sanitation and laundry facilities or any such facilities shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems. The service building shall be well lighted at all times of the day and night, shall be constructed of such moisture proof material, including painted woodwork, as shall permit repeated cleaning and washing and shall be maintained at a temperature of at least sixty-eight (68) degrees Fahrenheit during the period from October 1 to May 1. The floors of the service buildings shall be of water impervious material. All service buildings and grounds of the manufactured home park development shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance; 5. One (1) on -premises manufactured home display model. L. Storage of petroleum products. ..... The location, construction, and materials used for the storage of petroleum products shall be approved by the building official. M. Garbage disposal. I . A minimum of one (1) leak -proof covered can, maximum capacity of sixty (60) gallons, or other approved containers shall be located on each manufactured home space or nearby accessible area. It shall be the responsibility of the manufactured home park owner or operator to insure the removal of all garbage and trash to a fenced area designated for collection, as recommended by the health department. 2. Minimum standards of cleanliness within the manufactured home park shall be maintained. The health department shall enforce all applicable regulations relating to standard cleanliness of the manufactured home park site. The health department shall report to the zoning administrator any manufactured home park that is maintained in a consistently unclean manner (7-7-05). Sec. 4-16009. Performance surety. A. All physical improvements required by the provisions of this section shall be installed to serve the development. The owner/developer shall submit surety in a form acceptable to the county attorney, guaranteeing that the improvements will be installed within a designated length of time. Surety shall be in an amount equal to the total cost of such improvements, as 144 estimated by a licensed engineer, plus a ten -percent contingency allowance. B. The board of supervisors shall establish such additional requirements as are in the best interests of the public. (7-7-05.) Sec. 4-16010. - Existing manufactured home parks. Any manufactured home park that is in existence at the effective date of this ordinance will be allowed to continue as it is presently being operated. However, any addition or expansion to any existing manufactured home park after the effective date of this amendment shall be required to conform with the regulations of this section. (7-7-05.) Sec. 4-16011. - Inspection of manufactured home parks. All manufactured home parks, appurtenant facilities and records shall be open to inspection by the zoning administrator and authorized public officials. Public records as related to this ordinance shall be defined as records pertaining to the operation of the park, such as occupants' names and addresses, water usage and street improvements, but not private information such as rental fees, cost of operation and profit. (7-7-05.) Sec. 4-16012. - Additional regulations. A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements. B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to article VII for general design guidelines and development review procedures. D. Refer to article VIII for landscaping and open space standards. E. Refer to article IX for sign standards. F. Refer to article X for vehicle parking facilities requirements. G. Refer to article XI for outdoor lighting requirements and restrictions. 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 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 145 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. 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: Agricultural farm equipment sales and service Agricultural farm product processing, warehousing and distribution service Agricultural feed, seed, and farm supply service Agricultural service/agent * Forestry operation, silvicultural and/or timbering B. Civic uses: Administrative service * Adult care center * Child care center Club * Community center Crisis center * Educational facility primary/secondary * Modular classroom * Nursing home Park and ride facility Post office Public sports/event facility * Public maintenance and service facility Public safety service Rehabilitation service Transit station * Utility service/minor C. Office uses: 146 Financial institution General office Laboratory Medical office D. Commercial uses: * Antique shop Auction establishment Boating and fishing facilities Business support service Business or trade school Car Wash Catering Commercial indoor entertainment * Commercial indoor sports and recreation * Construction office, temporary * Contractor office and storage facility * Funeral home Garden center * Golf course * Golf driving range Hotel/motel/motor lodge/inn * Marina * 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 147 Retail sales Studio, fine arts Tattoo Parlor Veterinary hospitali'clinic Wholesale sales E. Industrial uses: Custom manufacturing F. Miscellaneous uses: * Amateur radio tower 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: * Livestock auction market B. Residential uses: * Accessory apartment - Commercial accessory apartment C. Civic uses: * Cemetary • Private • Public Educational facility, college/university * Utility service/major D. Commercial uses: Commercial indoor amusement * Commercial outdoor entertainment/sports and recreation * Commercial outdoor swimming pool and tennis facility Construction sales and service * Convenience store * Crematorium Equipment sales and rental * Gasoline station Hospital Hospital, special care * Kennel, commercial Manufactured home sales 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 E. Industrial uses: * Construction yard Industry, Type I Refuse and recycling center F. Miscellaneous uses: * Aviation facility, general * Aviation facility, private * Communication tower Parking facility, surface/structure * Reconstructed wetland Sec. 4-17004. - Lot size requirements. A. Minimum tract size:..... Minimum area required for creation of a PD -CP District shall be fifty (50) acres. Incremental additions to such districts shall be immediately adjacent to the existing PD -CP District and must be appropriately sized for proposed improvements on such addition to meet all required lot size and bufferyard requirements, bulk regulations, and additional site plan requirements as specified in the zoning ordinance. The minimum required area may be in a parcel in single ownership or in combination with contiguous parcels. If an application is to be made for rezoning to planned development commercial park districts in contiguous parcels, the applicant must provide legal agreements showing marketable title to the subject properties and the source of the applicant's title and interest in the subject properties. B. Minimum lot area, width, frontage and setbacks:..... There shall be no minimum lot area, width, frontage and setback requirements for any lot within a planned development commercial park district other than as specified in an approved master development plan. The planned 149 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 areas, location of access points, size and location of signage, common open spaces, vehicular parking and movement areas, grading, preservation of existing vegetation, overall landscaping, and stormwater management. (7-7-05.) Sec. 4-17005. - Buffer requirements. A. In addition to the individual lot landscaping requirements of article VIII, at a minimum, all planned development commercial parks shall provide buffer zone landscaping between the development and any land not master -planned for a commercial park development. The buffer zone landscaping shall meet the design and points specifications for office and commercial intense use types. The zoning administrator may administratively waive up to thirty (30) points of landscaping per five hundred (500) square feet of buffer zone for parks which do not operate more than twelve (12) hours per day or between the hours of 10:00 p.m. and 5:00 a.m. B. All structures, including accessory structures, shall be located at least seventy (70) feet from the right-of-way of any existing street, which abuts or borders the development. (7-7-05.) Sec. 4-17006. - Bulk regulations. A. Maximum building height: 1. All buildings: Fifty (50) feet. B. Density requirements: 1. Floor area ratio for nonresidential: Two-fifths (0.40) square foot per foot of net developable area. C. Maximum building coverage:..... Thirty percent (300/0). D. Maximum lot coverage:..... Sixty percent (60%). E. Minimum open space ratio (OSR):..... Thirty percent (30%) calculated using the entire park as one (1) tract. (7-7-05.) Sec. 4-17007. - Vehicular and pedestrian entrances and exits. Principal vehicular access for the general public shall be from arterials, secondary or collector streets. Vehicular access from minor streets through residential neighborhoods shall generally be avoided, but where permitted shall be so located, designed, and controlled as to be primarily for convenience of residents of adjoining residential areas and not for general public access. Pedestrian access may be provided at any suitable location within and to the district, but shall, as a general rule, be separated from vehicular access points in order to reduce congestion, marginal friction, and hazards. Service drives, turn -out lanes, and merging lanes may be required at principal vehicular access points, with length and width as appropriate to the anticipated flow of traffic. Traffic separation devices may be required at such 150 entrances and exits and along service drives, turn -outs or merging lanes. (7-7- 05.) Sec. 4-17008. - Site planning; external relationships. When possible, commercial and service uses and structures and their parking areas shall be oriented toward arterials, secondary, or collector streets and oriented away from adjacent minor streets in residential neighborhoods or adjacent residential neighborhoods that are not separated from the district by streets. (7-7-05.) Sec. 4-17009. - Site planning; internal relationships. Commercial buildings shall be so grouped in relation to parking areas that after customers arriving by vehicles enter the park, establishments can be visited with a minimum of internal vehicular movement. Facilities and access routes for deliveries, servicing, and maintenance shall, so far as reasonably practical, be separated from customer access routes and parking areas. Areas where deliveries to customers in vehicles are to be made or where services are to be provided for vehicles shall be so located and arranged as to prevent interference with pedestrian traffic within the park. (7-7-05.) Sec. 4-17010. - Additional regulations. A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements. B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to article VII for general design guidelines and development review procedures. D. Refer to article VIII for landscaping, and open space standards. E. Refer to article IX for sign standards. F. Refer to article X for vehicle parking facilities requirements. G. Refer to article XI for outdoor lighting requirements and restrictions. 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 151 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 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. Sec. 4-18002. - Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Farmer's market * Forestry operation, silvicultural and/or timbering 152 B. Residential uses: * Accessory apartment • Residential accessory apartment - Commercial accessory apartment * Community recreation * Condominium Dwelling, single-family * Dwelling two-family duplex * Family day care home * Home occupation, Type I * Multifamily dwelling * Temporary emergency housing * Townhouse C. Civic uses: Administrative service * Community center Cultural service * Educational facility, primary/secondary Life care facility * Modular classroom * Nursing home Post office * Public park and recreational area Public safety service Rehabilitation service Transit station * Utility service/minor D. Office uses: Financial institution General office E. Commercial uses: * Antique shop 153 Business support service * Construction office, temporary Garden center * 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 Wholesale sales F. Miscellaneous uses: * Amateur radio tower * Reconstructed wetland 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: Agricultural farm equipment sales and service Agricultural feed, seed, and farm supply service Greenhouse, commercial and/or nursery • Not in conjunction with residence Greenhouse, private * Stable, commercial - In conjunction with residence B. Residential uses: * Boathouse 154 * Dwelling, multifamily conversion Group home C. Civic uses: * Adult care center Assisted living facility * Cemetery • Church • Private • Public * Child care center * Child care institution Club Educational facility, college/university Halfway house Park and ride facility Public sports/event facility * Religious assembly * Utility service/major D. Office uses: Laboratory Medical office E. Commercial uses: * Bed and breakfast Boarding house Boating and fishing facilities Business or trade school Car Wash Catering Commercial indoor amusement Commercial indoor entertainment * Commercial indoor sports and recreation * Commercial outdoor entertainment/sports and recreation 155 * 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 * Marina Medical clinic * Motor vehicle repair service/minor Tattoo parlor F. Industrial uses: Custom manufacturing G. Miscellaneous uses: * Communication tower Parking facility, surface/structure Sec. 4-18004. - Lot size requirements. A. Minimum tract size...... Minimum area required for creation of a PD -MX District shall be fifty (50) acres. Incremental additions to such districts shall be immediately adjacent to the existing PD -MX District and must be appropriately sized for proposed improvements on such addition to meet all required lot size and bufferyard requirements, bulk regulations, and additional site plan requirements as specified in the zoning ordinance. The minimum required area may be in a parcel in single ownership or in combination with contiguous parcels. If an application is to be made for rezoning to planned development mixed use in contiguous parcels, the applicant must provide legal agreements showing marketable title to the subject properties and the source of the applicant's title and interest in the subject properties. B. Minimum lot area, width, frontage and bulk regulations...... There shall be no minimum lot area, width, frontage and setback requirements for any lot within a planned development mixed use district other than as specified in an approved master development plan. (7-7-05; Ord. No. 2011-13-C, 8-4-11.) Sec. 4-18005. - Buffer requirements. 156 A. All structures, including accessory structures, shall be located at least seventy (70) feet from the right-of-way of any existing street, which abuts or borders the development. (7-7-05; Ord. No. 2011-13-C, 8-4-11.) Sec. 4-18006. - Bulk regulations. A. Maximum building height: 1. All buildings: Fifty (50) feet. B. Density requirements (for non-UDA areas):..... Number of dwelling units per acre: 1. Conventional single-family subdivision: Three and one-half (3.5). 2. Townhouse developments: Ten (10). 3. Multifamily residences and condominiums: Fourteen (14). 4. Floor area ratio for nonresidential: Thirty-five hundredths (0.35) square foot per foot of net developable area. C. Density requirements for UDA areas:..... Minimum number of dwelling units per acre: 1. Conventional single-family subdivision: Four (4). 2. Townhouse developments: Six (6). 3. Multifamily residences and condominiums: Twelve (12). 4. Floor area ratio for nonresidential: Four -tenths (0.4) square foot per foot of net developable area. D. Maximum coverage:..... The open space ratio shall be established as part of the master development plan approval and shall supersede requirements for specific uses. (7-7-05; Ord. No. 2011-13-C, 8-4-11.) Sec. 4-18007. - Commercial and industrial uses. A. No more than forty percent (40%) of the total land, which may be zoned planned development mixed use district shall be devoted to office, commercial and/or industrial uses. (7-7-05; Ord. No. 2011-13-C, 8-4-11.) Sec. 4-18008. - Vehicular and pedestrian entrances and exits to commercial and industrial uses. A. Principal vehicular access for the general public shall be from arterial, secondary or collector streets. Vehicular access from minor streets through residential neighborhoods shall be so located, designed, and controlled as to be primarily for convenience of linking retail, other commercial and office uses to residential components of the development or for adjoining residential areas and not for general public access. B. Pedestrian and bicycle ways shall be incorporated into the development to connect all uses throughout the development, so as to minimize conflicts with vehicular traffic. Pedestrian and bicycle ways shall also be extended to adjacent properties. C. Service drives, turn -out lanes, and merging Ianes may be required at principal vehicular access points, with length and width as appropriate to the anticipated flow of traffic. Traffic separation devices may be required 157 at such entrances and exits and along service drives, turn -outs or merging lanes. (7-7-05; Ord. No. 2011-13-C, 8-4-11.) Sec. 4-18009. - Site planning; external relationships. A. Landscaping or other devices shall be used to minimize undesirable views and external exposures from surrounding residential components of the planned development and adjoining residential areas. B. All service and loading areas shall be arterial, secondary, or collector streets. meets the standards of the landscaping article VIII may be proposed as an development plan process. located away from the view of Screening which, at a minimum, screening zone as specified in alternative during the master C. Parking areas for more than ten (10) vehicles shall meet, at a minimum, the standards of the landscaping parking zone as specified in article VIII. (7-7-05; Ord. No. 2011-13-C, 8-4-11.) Sec. 4-18010. - Site planning; internal relationships. A. Buildings containing retail, commercial, or office type uses shall be so grouped in relation to parking areas so no further vehicular movement is necessary after parking a vehicle to accommodate customer access. Facilities and access routes for deliveries, servicing, and maintenance shall, so far as reasonably practical, be separated from customer access routes and parking areas. Deliveries to customers in vehicles and services to vehicles shall be arranged to prevent interference with pedestrian traffic. B. Residential uses shall be arranged within the planned development to allow maximum pedestrian convenience and access to commercial uses within reasonable walking distance. Residential and commercial uses may also be located within the same structure. C. Pedestrian entrances for the general public to enter commercial uses shall be separate from residential pedestrian entrances when residential and commercial uses are contained within the same structure. All service and loading areas shall also be separated from residential pedestrian entrances. (7-7-05; Ord. No. 2011-13-C, 8-4-11.) Sec. 4-18011. - Recreation areas. For each area on the master development plan designated for single- family, attached townhouse, or multifamily uses, a recreation area or areas shall be provided. The developer shall install playground equipment, playfields, tennis courts or other recreation facilities in accordance with the guarantees established as part of master development plan approval. The composition of the facilities to be installed shall be approved by the director of planning and zoning prior to approval of the final construction plan or plans. Such facilities shall be owned and maintained by the developer or the homeowners' association. (7-7-05; Ord. No. 2011-13-C, 8-4-11.) Sec. 4-18012. - Additional regulations. A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5--3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements. 158 B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, FIoodplain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to article VII for general design guidelines and development review procedures. D. Refer to article VIII for landscaping and open space standards. E. Refer to article IX for sign standards. F. Refer to article X for vehicle parking facilities requirements. G. Refer to article XI for outdoor lighting requirements and restrictions. H. Refer to article V for traditional neighborhood design development standards in the Isle of Wight County subdivision ordinance for development within UDAs. Part 19. - Planned Development Industrial Park (PD -IP) District. Sec. 4-I900I. - 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: Agricultural farm equipment sales and service Agricultural farm product processing, warehousing and distribution service Agricultural feed, seed, and farm supply service Agricultural service/agent * Forestry operation, silvicultural and/or timbering Greenhouse, commercial and/or nursery • Not in conjunction with residence 159 * Livestock auction market B. Civic uses: Administrative service * AduIt care center Park and ride facility Public sports/event facility * Public maintenance and service facility Public safety service Transit station * Utility serviceimajor * Utility service/minor C. Office uses: Laboratory D. Commercial uses: Auction establishment Boating and fishing facilities Business support service Business or trade school * Commercial indoor sports and recreation * Construction office, temporary Construction sales and service * Contractor office and storage facility * Convenience store Equipment sales and rental * Garden center Laundry Lawn and garden services * Marina * Micro -brewery, distillery, cidery * Mini -warehouse Motor vehicle/outdoor storage * Motor vehicle parts/supply, retail 160 * 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 Tattoo parlor Truck stop Wholesale sales E. Industrial uses: Brewery, distillery, cidery * Construction yard Custom manufacturing Industry, Type I Industry, Type II Meat packing * Recycling center Refuse and recycling center * Shipping container Transfer station Warehousing and distribution F. Miscellaneous uses: * Amateur radio tower Parking facility, surface/structure 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. Agricultural uses: Agriculture Aquaculture 161 Aquaculture, waterfront business * Commercial feedlot * Sawmill Viticulture B. Civic uses: * Cemetary • Private • Public * Child care center Qub Correctional facility C. Office uses: General office D. Commercial uses: * Commercial outdoor entertainment/sports and recreation * Crematorium * Gasoline station Hotel/motel/motor vehicle lodge * Kennel, commercial E. Industrial uses: * Abattoir or livestock processing * Asphalt plant Industry, Type III * Landfill, rubble * Resource extraction * Scrap and salvage service F. Miscellaneous uses: * Aviation facility, commercial * Aviation facility, general * Aviation facility, private * Communication tower * Reconstructed wetland 162 * Shooting range, outdoor * Turkey shoot Sec. 4-19004. - Lot size requirements. A. Minimum tract size:..... Minimum area for creation of a PD -IP District is seventy-five (75) acres. Incremental additions to such districts shall be immediately adjacent to the existing PD -IP District and must be appropriately sized for proposed improvements on such addition to meet all required lot size and bufferyard requirements, bulk regulations, and additional site plan requirements as specified in the zoning ordinance. The minimum required area may be in a parcel in single ownership or in combination with contiguous parcels. If an application is to be made for rezoning to a planned development industrial park in contiguous parcels, the applicant must provide legal agreements showing marketable title to the subject properties and the source of the applicant's title and interest in the subject properties. B. Minimum lot area, width, frontage and bulk regulations:..... There shall be no minimum lot area, width, frontage and setback requirements for any lot within a planned development industrial park district other than as specified in an approved master development plan. The planned 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 areas, location of access points, size and location of signage, common open spaces, vehicular parking and movement areas, grading, preservation of existing vegetation, overall landscaping, and stormwater management. (7-7-05; 8-21-06.) Sec. 4-19005. - Buffer requirements. A. In addition to the individual lot landscaping requirements of article VIII, at a minimum, all planned development industrial parks shall provide buffer zone landscaping between the development and any land not master -planned as part of an industrial park. The buffer zone landscaping shall meet the design and points specifications for industrial use types. B. All structures, including accessory structures, shall be located at least one hundred (100) feet from the right-of-way of any existing street, which abuts or borders the development. (7-7-05, 8-21-06.) Sec. 4-19006. - Bulk regulations. A. Maximum building height:..... Fifty (50) feet. 1. The board of supervisors, following a recommendation by the planning commission, may consider on a case-by-case basis, requests to exceed the maximum building height during the master development plan process. B. Maximum density: 1. Floor area ratio of nonresidential: One-half (0.50) square foot per foot of net developable area. 163 C. Maximum building coverage:..... Thirty percent (30%). 1. The board of supervisors, following a recommendation by the planning commission, may consider on a case-by-case basis, requests for additional lot coverage during the master development plan process. D. Maximum lot coverage:..... Sixty percent (60%). E. Minimum open space ratio (OSR):..... Thirty percent (30%) calculated using the entire park as one (1) tract. (7-7-05; 8-21-06.) Sec. 4-19007. - Vehicular and pedestrian access. A. Principle vehicular access for the general public shall be only from arterial and collector streets. Access points shall be designed to minimize traffic hazard and congestion. Vehicular access through residential neighborhoods shall be prohibited. Pedestrian access may be provided at any suitable location within the district but shall, as a general rule, be separated from vehicular access points in order to reduce congestion, points of conflict and hazards. B. The design for internal circulation shall be appropriately related to access points and location of major traffic generators and shall provide for safe and efficient movement of vehicles and pedestrians with special attention to reduction of crossing conflicts, limiting numbers of internal and external access points and improvement of visibility. (7-7-05; 8-21-06.) Sec. 4-19008. - Site planning—External relationships. Site planning within the district shall provide for protection of individual lots from adverse surrounding influences, and for protection of surrounding areas from any adverse influences which may be anticipated within the district. Yards, fences, walls, or vegetative screening shall be provided where needed to protect residential districts or public streets from undesirable views, lighting, noise, or other off-site influences. In particular, outdoor storage, extensive off-street parking areas, and service areas for loading and unloading vehicles, and for storage and collection of refuse and garbage shall be effectively screened. (7-7-05; 8-21-06.) Sec. 4-19009. - Site planning—Internal relationships. To promote a park -like character within the development, particular care should be taken to organize the landscaping plan in such a way as to maximize the visual effects of green spaces as seen from the public rights-of- way. Landscaping or other appropriate measures shall also be used to screen development within the park from any undesirable views, such as outside storage yards, etc. (7-7-05; 8-21-06.) Sec. 4-19010. - Additional regulations. A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements. B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Floodplain Management 164 Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to article VII for general design guidelines and development review procedures. D. Refer to article VIII for landscaping and open space standards. E. Refer to article IX for sign standards. F. Refer to article X for vehicle parking facilities requirements. G. Refer to article XI for outdoor lighting requirements and restrictions. Sec. 5-2000. - Supplementary density and dimensional regulations. A. Accessory building requirements. 1. The square footage of an accessory building shall not exceed the square footage of the primary structure. 2. The following provisions shall regulate the location of accessory buildings with respect to required yards: a. Accessory buildings shall be prohibited in any required yard which adjoins a street, except as permitted under subsection 5- 2000.E.3. b. Accessory buildings shall be located at least five (5) feet from any required rear lot boundary lines. c. Where an accessory building is located in a zoning district requiring a side yard and such building is entirely to the rear of the principal structure, the accessory building shall be located at least five (5) feet from any adjoining lot line. d. Accessory buildings shall not exceed the maximum height restriction for the zone in which such structures are located, except as specified in subsection 5-2000.D.2. B. Accessory uses and structures not permitted prior to principal uses or structures...... No accessory use or structure shall be permitted on a lot unless the principal use or structure is in existence previously or until construction of the principal structure is initiated. 1. Exception...... A one-story tool and storage shed may be allowed on a vacant Iot zoned RAC for on-site property maintenance provided that the building area does not exceed two hundred fifty-six (256) square feet and the structure meets the following criteria: a. The building eave height is ten (10) feet or less. b. The maximum height from the finished floor level to grade does not exceed eighteen (18) inches. c. The supporting structural elements in direct contact with the ground shall be placed level on firm soil and when elements are wood they shall be approved pressure preservative treated suitable for ground use contact. 165 d. The structure is anchored to withstand wind loads as required by the Virginia Construction Code. e. The structure shall be of light -frame construction whose vertical and horizontal structural elements are primarily formed by a system of repetitive wood or light gauge steel framing members, with walls and roof of light weight material, not slate, tile, brick or masonry. f. Application for a conditional use permit may be made to allow construction of a utility'storage building that exceeds two hundred fifty-six (256) square feet and shall be reviewed with consideration given to the property acreage and the reason a Iarger building is required for property maintenance and storage. C. Building height limitations. 1. For purposes of this section: a. Except as hereinafter provided, no building or structure, or part thereof, shall hereafter be erected or altered to a height greater than the maximum specified for the respective zone. D. Exceptions to height limits...... Notwithstanding other regulations in this article or the maximum specified for the respective zone, the following structures shall be permitted: 1. Church spires, belfries, cupolas, monuments, chimneys, utility transmission towers, water towers, fire towers, cooling towers, elevator penthouses, monuments or towers used in the manufacturing process, or other similar structures, may be permitted to exceed the height stipulated in the schedule of zone regulations by no more than twenty-five (25) percent if attached to a building or to a maximum of one hundred (100) feet if freestanding. The zoning administrator shall determine whether a proposed height increase is reasonable and serves a function beyond merely drawing attention to the structure. If an increase above a total of one hundred (100) feet is desired, a conditional use permit must be obtained. 2. Except as noted above, no accessory building or structure shall exceed the maximum height limitation established for the zoning district or the height of the structure to which it is accessory, whichever is less, provided, however, that structures which are accessory to a single - story structure may be constructed to a maximum height not exceeding one hundred twenty-five (125) percent of the height of the principal structure. In cases where this is permitted, the accessory structure shall be separated from the principal residential structure by a distance of at least twenty (20) feet. 3. Buildings or structures used in conjunction with a bona fide agricultural use or operation in the rural/agricultural conservation (RAC) district shall be exempt from the height limits specified in the zoning district regulations. 166 4. Solar heating and solar collection devices provided such devices do not exceed by more than five (5) feet the otherwise permitted maximum height for the zone in which they are located. 5. The Isle of Wight County Board of Supervisors with a recommendation by the planning commission may authorize an exemption to the height regulations. In granting exemptions, the board of supervisors with a recommendation by the planning commission may impose reasonable conditions. No exemption shall be granted which exceeds the height limitations of section 5-3000 (restrictions adjacent to airports). 6. Towers and antennas are allowed to the extent authorized in each zoning district. E. Building setback requirements...... No portion of any building or other structure may be located on any lot closer to any lot line or to the street right-of-way line than is authorized in each zoning district. 1. Future highway rights-of-way...... Wherever future highway rights- of-way have been established by official action by the board of supervisors or the Virginia Department of Transportation, these rights-of-way shall be used as the basis for determining required setbacks. 2. Setback measurement from right-of-way. a. If the street right-of-way line is readily determinable (by reference to a recorded map, set irons, or other means), the setback shall be measured from such right-of-way line. b. In any district, on any lot which fronts on a road having a right-of- way less than fifty (50) feet wide or of undetermined width, the required minimum front yard setback line shall be measured from a point twenty-five (25) feet from the center of such street right- of-way. 3. Front yard requirements in developed areas. ..... Where existing buildings or structures occupy lots comprising at least fifty (50) percent of the lots within a block, and the average front yard depth of the existing buildings or structures is less than that required by this ordinance, the average so established may be taken in lieu of that which is normally required, provided that in no case shall a front yard depth so determined be less than twenty (20) feet, or less than the setback line denoted on a recorded subdivision plat, whichever is greater. For the purpose of this calculation, lots on the same side of a street on either side of the lot in question for a distance of six hundred (600) feet or to the nearest street intersection, whichever is less, shall be considered. 4. Front yards on through lots...... On any lot that runs through a block from street to street, a front yard as otherwise required in the zone shall be provided along each street lot line. F. Side yards. 167 1. Side yards decreased for narrow lot...... For each foot by which a nonconforming lot of record at the time of enactment of this ordinance is narrower than fifty (50) feet, and where the owner of record does not own any adjoining property, one and one-half (1!2) inches may be deducted from the required minimum width of any side yard for building not exceeding two and one-half (2!/z) stories in height; provided, however, that no side yard shall be narrower at any point than three (3) feet in any case. 2. Side yards increased for deep buildings...... In any zone where a side yard is required, the least width of each side yard shall be increased by one (1) inch for each foot by which the side wall of a building adjacent to a side yard exceeds fifty (50) feet in overall depth. 3. Corner lot...... On a corner lot in any zone, both yards fronting the street shall equal the required minimum frontage, width and front yard setback for that zone. Of the two (2) sides of the corner lot, the front shall be deemed to be the shorter of the two (2) sides fronting on the streets. 4. Side yard exceptions for attached dwellings. ..... In the case of attached dwelling units, the entire structure shall be considered as a single building with respect to side yard requirements. 5. Measure of setback distances or required yards...... Setback distances or required yards shall be measured from the property line or street right-of-way line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, etc.). G. Walls and fences. 1. Unless otherwise provided for by this ordinance, fences or walls not more than six (6) feet in height may be located in any required side or rear yard in any district, other than a required yard adjacent to a street except as follows: a. On parcels zoned or occupied by a single-family or two-family residence, no fence or wall which creates a solid screen may exceed two and one-half (21z) feet in height in any required front yard, except that fences having a uniform open area of fifty (50) percent or more may be erected to a maximum height of four (4) feet in such required yards. b. On parcels zoned for or occupied by any use other than a single- family or two-family dwelling, no fence or wall that creates a solid screen may exceed three and one-half (3112) feet in height in any required front yard, except that fences having a uniform open area of fifty (50) percent or more may be erected to a maximum height of four (4) feet in such yards. c. Heights shall be measured from the average ground level adjacent to the fence or wall and shall exclude columns and posts. 2. Open wire fences not exceeding eight (8) feet in height may be erected in any required yard when wholly or partially enclosing any public school, park, recreational or playground site or a public utility. Height shall be measured from the average level of the ground adjacent to the fence or wall. 3. Fences erected for agricultural purposes are exempt from this section. 4. The height, design, and location of fences in required yards erected in conjunction with a bona fide and permitted industrial use or operation may be exempt from this section subject to the review and approval of the zoning administrator. 5. The height, design, and location of fences or walls in required yards erected in conjunction with an electrical utility station or substation may be exempt from this section subject to the review and approval of the zoning administrator. H. Projections and yard setback modifications. 1. Covered, unenclosed front porches...... Covered, unenclosed porches, decks, landings, steps, terraces, patios or platforms, open on three (3) sides except for necessary supporting columns and customary architectural features, may be permitted in a required front yard provided that such structure shall not be more than eight (8) feet in width and shall not project more than three (3) feet into such yard. 2. Covered unenclosed porches permitted in required side or rear yard. ..... Covered, unenclosed porches, decks, landings, steps, terraces, patios or platforms, open on three (3) sides except for necessary supporting columns and customary architectural features, may be permitted in required side or rear yards provided that no such structure, shall project closer than three (3) feet to any side lot line, that no such structure shall be more than one (1) story in height or more than twenty-four (24) feet in length, and that no such structure shall project more than eight (8) feet into any required rear yard. 3. Uncovered porches...... Uncovered porches, decks, landings, steps, terraces, patios or platforms which do not extend above the level of the first floor of the building (except for railings and railing supports) may project into any required front, side or rear yard or court not to exceed eight (8) feet. 4. [Architectural features, chimneys, air conditioners, cornices, eaves, belt courses, sills, canopies, or other similar architectural features.] ..... Architectural features, chimneys, air conditioners, cornices, eaves, belt courses, sills, canopies, or other similar architectural features (but not including bay windows or vertical projections) may project into a required side yard not more than eighteen (18) inches, but not closer than three (3) feet to the side lot line, and may not exceed thirty-six (36) inches. Chimneys and air conditioners may project into any yard not more than eighteen (18) inches, but air conditioners rated at twenty-four thousand (24,000) BTU or less shall not be so placed as to discharge air within five (5) feet of side yard lines, and those rated over twenty-four thousand (24,000) to discharge air within twelve (12) feet of side yard lines, other than side yard lines adjacent to streets. 5. Open fire escapes...... Open, unenclosed fire escapes may project not more than four (4) feet into any required yard, but shall not project closer than three (3) feet to any side lot line. 6. Open stairways and balconies. ..... Open, unenclosed stairways or balconies, not covered by a roof or canopy, may extend or project into a required rear yard only, not more than four (4) feet, but shall not be within three (3) feet of any property line. 7. Exemption of front yard setback for handicap ramps...... Handicap ramps used for residence(s) of a single-family dwelling shall be allowed to encroach into the required front yard setback. The ramp must be built in accordance with the American Disabilities Act as it pertains to wheelchair accessibility. In no instances shall the ramp be covered. I. Frontage. 1. Where lot lines are established radially from a curved street so as to increase the width of the lot, the lot frontage in such cases shall be measured along the chord of such curved street. 2. For lots fronting on the turning circle of a cul-de-sac, individual lot frontage may be reduced to not less than fifty (50) percent of the minimum lot width for the respective zoning district. Frontage for such lots shall be measured along the chord of the cul-de-sac street. J. Lots with existing dwellings...... On a lot with one (1) or more existing dwelling units, no zoning permit shall be used for an additional single- family dwelling except as specifically permitted in this ordinance. Where a new residence is intended to replace an existing unit, the demolition permit for the existing unit shall be issued by the building official prior to or at the same time as the zoning permit for the new dwelling. K. Minimum lot size. 1. All lots shall have at least the amount of square footage indicated for the appropriate zoning and overlay districts. The total floor area in all buildings on the lot shall be considered in determining the adequacy of lot area. 2. For permitted uses utilizing individual sewage systems, the required area for any such use shall be approved by the health department. The zoning administrator may require a greater area if considered necessary by the health department. L. Recreational vehicles and watercraft. ..... In all districts it shall be permissible to store out-of-doors recreational vehicles and watercraft as an accessory use only in accordance with the following: 1. Such vehicles or watercraft shall be placed in the rear or side yards only, and shall be located at least five (5) feet from all property lines. 170 This provision shall not apply to recreational vehicles or watercraft stored within completely enclosed structures. 2. Recreational vehicles shall not be used as living quarters, and may only be otherwise occupied in accordance with district regulations. M. Required yard not to be reduced...... No lot shall be reduced in area so as to make any yard or any other open space less than the minimum required by this article, and if already less than the minimum required, such yard or open space shall not be further reduced, except by approval of the board of zoning appeals. No part of a yard or other open space provided for any building, structure or use for the purposes of complying with the provisions of this article shall be considered as part of a yard or other open space required under this article for another building, structure or use except in the case of developments which are planned developments or cluster developments and provision is made for shared use of open space. N. Residential density. 1. Only one (1) single-family detached dwelling shall be permitted on any lot, except that accessory apartments and temporary residences shall be permitted as otherwise allowed in this ordinance. 2. In determining the number of dwelling units permissible on a lot, parcel, or tract of land, fractions shall be rounded to the nearest whole number. O. Sight triangles. 1. To promote visibility for pedestrians and the operators of motor vehicles, a clear sight triangle shall be established at the intersecting rights-of-way of any two (2) streets. The legs of this sight triangle shall be twenty-five (25) feet in length. They shall begin at the point of intersection of the two (2) street rights-of-way, and shall extend twenty-five (25) feet along each right-of-way line. The triangle shall be formed by connecting the endpoints of these two (2) lines. 2. Landscape plantings or other objects constructed, placed, or permanently parked within the sight triangle of roadway or driveway intersections shall conform to Virginia Department of Transportation guidelines for height. This shall not apply to fire hydrants. P. Widening of public rights-of-way and roads...... Whenever there shall be plans or other official documents in existence, approved by either the Virginia Department of Transportation, the Commonwealth Transportation Board, or the board of supervisors which provides for proposed relocation or widening of any public right -of way, road, or street, the board may require additional yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way, in order to preserve and protect the land area needed for such proposed public right-of-way, road, or street widening. No structure or part of a structure shall be permitted to be erected within the lines of such proposed public street or highway and all setbacks 171 governing the location of such structures shall be measured from the future public right-of-way, where established. Q. Building footprint...... Any single use building, other than an industrial use, containing a building footprint of eighty thousand (80,000) square feet or more measured from the outside perimeter of the building shall require a conditional use permit in accordance with section 1-1017 of this ordinance prior to design or construction. For purposes of this section the square footage of a single user building shall include all buildings located within one-quarter (4) mile owned or operated by essentially the same establishment, as determined by the zoning administrator. R. [Fishing, hunting and trapping.] ..... Fishing, hunting and trapping is permitted in the Rural Agricultural Conservation (RAC) zoning district with the permission of the property owner(s), and as may be otherwise governed by the Commonwealth and the Isle of Wight County Code. Sec. 5-5001. - Supplementary use regulations for agricultural use types. Modified A. Agriculture. 1. Agricultural crop service towers and antennas...... Agricultural crop service towers and antennas may be allowed subject to the following provisions: a. The maximum height allowed shall be no greater than two hundred (200) feet pursuant to section 15.2-2293.1 of the Code of Virginia. b. Commercial service providers and nonagricultural uses are prohibited from locating on the tower. c. Design and lighting requirements. The requirements set forth in this section shall govern the location of all owners and the installation of all towers and antennas governed by this section; provided, however, that the zoning administrator may waive any of these requirements if it determines that the goals of this section are better service thereby. i. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA (Federal Aviation Administration), be painted a neutral color, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, nonreflective color with no logos. ii. At a facility site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding structures; provided, however, that the zoning administrator may waive such requirements, as he/she deems appropriate. 172 iii. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. iv. Towers shall not be artificially lighted, unless required by the FAA (Federal Aviation Administration) or other applicable authority. If lighting is required, the zoning administrator may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. v. No advertising of any type may be placed on the tower or accompanying facility unless as part of retrofitting an existing sign structure. d. Federal requirements. All towers and antennas must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other agency of the federal government with the authority to regulate towers and antennas. In addition, the tower owner shall implement U.S. Fish and Wildlife Service procedures for communication tower construction, operation, and decommissioning to protect endangered night -migrating birds under the Migratory Bird Treaty Act, Endangered Species Act, and Bald and Golden Eagle Act. e. Building codes. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state and local building codes and regulations. f: Setbacks. The following setback requirements shall apply to all towers and antennas; provided, however, that the zoning administrator may reduce the standard setback requirements if the goals of this section would be better served thereby. i. Freestanding towers, guys, and accessory facilities must satisfy the setback requirement, no less than the height of the tower structure and height of any mounted antenna. g. Security fencing. Towers and antennas shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti -climbing device; provided, however, that the zoning administrator may waive such requirements, as he/she deems appropriate. h. Removal of abandoned antennas and towers. Any tower or antenna that is not operated for a continuous period of twenty-four (24) months shall be considered abandoned, and the owner of each such antenna or tower shall remove same within ninety (90) days of receipt of notice from the county notifying the owner of such removal equipment requirement. Removal includes the removal of 173 the tower, all tower and fence footers, underground cables and support buildings to a minimum depth of three (3) feet. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. At the discretion of the county, a surety bond in a form acceptable to the county attorney may be required to ensure that the funds necessary for removal are available to the county in the event the structure is abandoned. B. Commercial feedlot. 1. All commercial feedlots, including commercial poultry houses, dairy barns, and other uses or structures involving the concentrated handling or confinement of animals or fowl erected after the effective date of this ordinance, shall be set back a minimum distance of eighty (80) feet from all public or private streets and at least one thousand (1,000) feet from any of the following: Rural Residential (RR), Neighborhood Conservation (NC), Suburban Estate (SE), Suburban Residential (SR), Urban Residential (UR), Limited Commercial (LC), General Commercial (GC), Planned Development Residential (PD -R), Planned Development Manufactured Home Park (PD -MH), Planned Development Commercial Park (PD --CP), or Planned Development Mixed -Use (PD -MX) Zoning District boundary lines. C. Farm employee housing. 1. An accessory manufactured home (Class A or B), may be erected upon the approval of a conditional use permit as an accessory use to an agricultural use exclusively for a farm employee, and his/her family, in accordance with the following requirements: a. The manufactured home shall be removed when it is no longer occupied by a farm employee. b. No more than one (1) farm employee manufactured home for every twenty-five (25) acres of land, or portion thereof, in agricultural use shall be permitted. c. A Class B manufactured home previously approved under conditional use permit for farm employee housing may be replaced with a Class A manufactured home provided a zoning and building permit is obtained. 2. Multifamily housing may be constructed upon the approval of a conditional use permit for agricultural uses that rely on temporary seasonal employees. Such housing shall only be used to accommodate temporary seasonal employees during periods of their employment as a farm employee of the agricultural use. To construct multifamily housing for farm employees a conditional use permit must be obtained from the board of supervisors. 3. All farm employee housing shall comply with the setback requirements of the principal structure. 4. Where public sewer is not available, the Isle of Wight County Health Department shall approve sewage disposal for all farm employee housing. Itll D. Forestry operation, silvicultural and/or timbering. 1. Silvicultural and/or timbering operation. For all properties within the Chesapeake Bay Watershed, forestry operation shall comply with the Chesapeake Bay Area Ordinance. E. Livestock auction market. 1. Livestock auction markets, where permitted in this ordinance, shall be subject to the following requirements and site plan approval: a. A minimum lot area of five (5) acres. b. Stock pens and main buildings located at least two hundred (200) feet from any street or highway and at least two hundred (200) feet from any property line existing at the time of application. F. Reptile breeding. 1. In additional to obtaining a conditional use permit, reptile breeding shall comply with the following provisions: a. Each reptile shall be kept in one hundred (100) percent escape proof, temperature controlled glass cage. The only exception shall be during breeding and no more than two (2) reptiles shall be kept in a cage for breeding purposes at in any given time. b. Each cage shall contain proper housing, shelter, feeding and water accommodations. c. An operational plan shall accompany the conditional use permit application to describe how the business will operate, what structures/facilities will be devoted to the use, what species of reptiles will be kept, how large they grow and how will they will be caged long term, how the reptiles will be cared for including feeding, medical check-ups, how the cages will be cleaned and maintained to prevent the spread of bacteria, how waste disposal will be handled, and any other information as may be determined by the zoning administrator, planning commission and board of supervisors. d. The keeping of reptiles shall comply with all local, state and federal requirements. G. Sawmill. 1. A permanent or temporary sawmill shall be no less than three hundred (300) feet from any lot line or street right-of-way. 2. A permanent or temporary structure shall not be located on environmentally sensitive lands (RDAs) and wetlands. 3. All power saws and machinery will be secured against tampering or locked when not in use. 4. A temporary sawmill shall only be established to process timber cut from the parcel on which the temporary sawmill is located or on immediately adjacent parcels and shall only be allowed for a period of only one (1) year. For periods exceeding one (1) year, a conditional use permit shall be obtained from the board of supervisors. 5. A temporary sawmill shall be located at least two hundred (200) feet from any residence located on an adjoining property. 6. No processing, milling, finishing or artificial means of drying green lumber shall be associated with a temporary sawmill. 7. Green lumber and all other products and by-products from the temporary sawmill shall be removed from the site at least every sixty (60) days. 8. Buildings associated with a temporary sawmill shall be limited to shelter for the sawmill equipment and essential shelter for personnel. No building shall be erected for the storage, processing, or drying of green lumber. H. Stable, commercial. 1. In any district where permitted or permitted subject to a conditional use permit, commercial stables shall provide a lot area of ten (10) acres or more. 2. Accessory tack shops not exceeding one thousand (1,000) square feet are permitted in conjunction with commercial stables. 3. Commercial stables shall prepare and follow a management plan for responsible and environmentally safe management of all animal wastes. Such plan shall be approved, when required, by the Virginia Department of Environmental Quality, Division of Water. Animal waste shall not create a nuisance or health hazard to adjoining property owners. I. Stable, private...... A private stable may be permitted subject to the following provisions: 1. A minimum of two (2) acres shall be required for a private stable and no more than one (1) horse per acre, excluding one (1) acre for the residence, shall be allowed on any lot. This requirement shall not apply to lots with an area of ten (10) acres or more, excluding an acre for the residence. 2. No building or corral, excluding open pasture, shall be located less than fifty (50) feet from the nearest property line or two hundred (200) feet from the nearest residence on an adjoining lot, whichever is greater. 3. Stables shall properly manage animal waste so as to not create a nuisance or health hazard to adjoining or nearby property owners. J. Wayside stand...... A structure may be permitted for the display and sale of agricultural and fishery products grown and produced on premises subject to the following standards: 1. A zoning permit is required for first year's operation. 2. A wayside stand structure shall not exceed seven hundred fifty (750) square feet in floor area and must be in compliance with the applicable standards of the Virginia Uniform Statewide Building Code. 3. All structures shall meet the minimum yard setback requirements of the underlying zoning district and shall be located so as to provide safe ingress and egress from public or street rights-of-way. 176 4. All wayside stands and related structures shall be considered seasonal or temporary in nature. (7-7-05; Ord. No. 2011-11-C, 7-7-11; 9-17-15.) Sec. 5-5002. - Supplementary use regulations for residential use types. A. Accessory apartment...... It is the specific purpose and intent to allow accessory apartments through conversion of existing larger residential structures and in the construction of new structures. Such uses are to provide the opportunity and encouragement to meet the special housing needs of single persons and couples of low-- and moderate -income, both young and old, as well as relatives of families residing in the county. It is furthermore the intent and purpose of accessory apartments to allow the more efficient use of the county's existing housing stock, in a manner consistent with the land use objectives identified in the comprehensive plan and to provide alternative housing opportunities while protecting and preserving property values and community character. To help achieve these goals and purposes, the following standards are set forth as conditions for such accessory uses: 1. Residential accessory apartment...... Where allowed as a permitted or a conditional use in the underlying zoning district, the following shall apply: a. A conditional use permit shall be required for an accessory apartment on any lot which does not have one hundred and fifty percent (150%) of the minimum lot size requirement for the zoning district in which the use is located, except that this requirement will not apply in the RAC and RR zoning districts. b. Location. i. An accessory apartment may be located either in a primary dwelling unit or in an accessory structure on the same lot or parcel as the primary dwelling. ii. The owner of the residential dwelling unit shall occupy at least one (1) of the dwelling units on the premises. c. Apartment size. i. Maximum floor area: The maximum floor area of an accessory apartment in a primary dwelling shall not exceed one thousand (1,000) square feet or thirty-five (30 35) percent of the living area of the primary dwelling, excluding garages, breezeways, etc., whichever is less. The maximum floor area of an accessory apartment in an accessory building shall not exceed fifty (50) percent of the floor area of the accessory building. d. Maximum number of bedrooms. ..... No more than two (2) bedrooms are permitted in an accessory apartment. e. Maximum number of accessory apartments...... No more than one (1) accessory apartment is permitted per parcel. 177 f. Exterior appearance...... If an accessory apartment is located in the primary dwelling, the apartment entry shall be located on the side or rear of the unit, and its design shall be such that the appearance of the dwelling will remain as a single-family residential structure. No accessory apartment shall be attached to a primary dwelling by open walkways, breezeways, patios, decks, etc. g. Water and sewer service...... Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Department of Health or the department of public utilities. h. Parking...... One (1) parking space shall be required in addition to the required parking for the primary dwelling. 2. Commercial accessory apartment...... Where allowed as a permitted or a conditional use in the underlying zoning district, the following shall apply: a. Location...... A commercial accessory apartment may be located either above or attached to the rear of a commercial unit. In no case shall an accessory apartment be allowed in an accessory structure. b. Minimum lot size...... The minimum lot size for a commercial unit with an accessory apartment shall meet the minimum square footage required for the zoning district in which the use is located. c. Maximum floor area. i. The maximum floor area of an accessory apartment located above a commercial unit shall not exceed fifty (50) percent of the entire unit. ii. The maximum floor area of an accessory apartment located to the rear of a commercial unit shall not exceed thirty-five (35) percent of the entire unit. d. Maximum number of bedrooms. ..... No more than two (2) bedrooms are permitted in an accessory apartment. e. Maximum number of accessory apartments...... No more than one (1) accessory apartment is permitted per commercial use. f. Exterior appearance. i. The entry to the apartment shall be located on the side or rear of the commercial unit, and the building design shall maintain its commercial character and appearance. ii. No accessory apartment shall be attached to a commercial unit by open walkways, breezeways, patios, decks, etc. g. Water and sewer service...... Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Department of Health or the department of public utilities. h. Parking...... Parking for the apartment must be located to the rear or side of the commercial unit. Each apartment must be provided 178 one and one-half (1.5) parking spaces in addition to what is required for the commercial use. B. Boathouse. 1. A boathouse, where permitted in this ordinance, shall be permitted as an accessory use on property where a legally established single-family dwelling exists. 2. A conditional use permit shall be required for a boathouse where there is no existing residence. C. Community recreation. 1. Except in the case of a planned development, community recreational facilities shall be developed solely for the noncommercial use of the residents and guests of the residential development. 2. A conditional use permit shall be required for the commercial or noncommercial use of a community recreational facility by the general public. The board of supervisors, following a recommendation by the planning commission, may vary area and setback requirements for existing facilities, provided that alternative methods of protecting adjoining properties are required as conditions of the conditional use permit. 3. Community recreational facilities may be owned and operated by a homeowner's association or a private or public entity. 4. All outdoor recreational playfields, grounds and facilities and associated fences or enclosures shall conform to the required front and corner side yard building setbacks of the underlying zoning district. 5. Recreational structures for indoor recreation shall meet the required setbacks of the underlying zoning district for a primary use. 6. Pedestrian access to community recreational areas shall be provided throughout the entire development. 7. Entrances for vehicular access must be provided in accordance with requirements of the Virginia Department of Transportation, and shall be located at least fifteen (15) feet from any recreational use on the lot and from exterior lot lines. 8. Vehicular parking shall be in accordance with the requirements of this ordinance and shall not be designed as to require or encourage cars to back into a street. a. A reduction of up to twenty-five (25) percent may be granted administratively if the development contains bike paths and a bike parking area. This reduction does not apply to the requirements for employee vehicular parking, or to any community recreational facility open to the general public. 9. A landscaped buffer shall be provided for all community recreational uses in accordance with the requirements for civic use types in article VIII. IWA a. Tot lots developed separately from other recreational areas may be exempt from landscaping requirements. 10. Lighting shall be installed in accordance with article XI and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. D. Condominium. 1. Condominium developments shall be regulated by use in accordance with the underlying zoning district. 2. A condominium development may be developed in accordance with the townhouse or multifamily standards as found in the supplementary use regulations, except that a townhouse condominium development shall not be permitted to deed any portion of the land with the townhouse unit. 3. Any subdivision of land within a condominium development shall comply with the Isle of Wight County Subdivision Ordinance and other county regulations as may by applicable. E. Dwelling, multifamily conversion...... Where allowed in the underlying zoning district, a single-family residence in existence as of July 1, 1997, may be converted to a multifamily dwelling containing not more than four (4) dwelling units in accordance with the following: 1. Minimum area and setback requirements. a. Conversions into two (2) dwelling units shall require at least one hundred fifty (150) percent of the minimum lot size in the district in which it is located. b. Conversions into three (3) dwelling units shall require at Ieast two hundred (200) percent of the minimum lot size in the district in which it is located. c. Conversions into four (4) dwelling units shall require at least two hundred fifty (250) percent of the minimum lot size in the district in which it is located. d. The original single-family residence shall meet the minimum setback requirements of the underlying zoning district. 2. Minimum floor area. ..... The original single-family residence shall contain at least two thousand (2,000) square feet of floor area. 3. Water and sewer service. ..... Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Department of Health or the Isle of Wight County Department of Public Utilities. F. Dwelling, two-family duplex. 1. Yard setback...... All setbacks and other requirements in the district in which it is located shall apply, except that the side yard along a common wall separating the two (2) units shall be zero (0) feet. 2. Water and sewer service. ..... Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Department of Health or the Isle of Wight County Department of Public Utilities. G. Family day care home (serving six (6) to twelve (12) children)...... The following must be satisfied prior to the issuance of a zoning permit for a family day care home serving six (6) through twelve (12) children: 1. The zoning administrator shall send written notification by certified letter to the last known address of each adjacent property owner advising of the proposed family day care home. 2. If no written objection from any property owner so notified is received within thirty (30) days of the date of sending the notification letter and the zoning administrator determines that the family day care home otherwise complies with the zoning ordinance, the zoning administrator may issue a zoning permit for the family day care home. 3. If written objection from any property owner so notified is received within thirty (30) days of sending the notification letter, then the zoning administrator may not issue a zoning permit unless and until such time as a conditional use permit for the family day care home is approved by the board of supervisors with a recommendation by the planning commission. H. Guest house. 1. Location...... A guest house shall be located in an accessory structure in the rear yard of the primary structure. a. The owner of the lot or parcel must occupy the primary dwelling. b. A guest house shall not be permitted as an accessory structure prior to the construction and occupancy of the primary dwelling. 2. Occupancy. a. No such quarters shall be occupied by the same guest or guests for more than three (3) consecutive months in any twelve-month period. b. No such quarters shall be rented, leased, or otherwise made available for compensation of any kind. 3. Minimum lot size...... The minimum lot size for a primary dwelling with a guest house shall be one hundred fifty (150) percent of the minimum lot size required for the zoning district in which the use is located. 4. Setback requirements. ..... A guest house shall meet the required setbacks of the underlying zoning district for the primary dwelling. 5. Maximum floor area...... The maximum floor area of a guest house shall not exceed thirty (30) percent of the floor area of the primary dwelling, excluding garages, breezeways, patios, decks, etc. 181 6. Maximum number of bedrooms...... No more than two (2) bedrooms are permitted in a guest house. 7. Maximum number of guest houses...... There shall be no more than one (1) guest house permitted per residential lot or parcel. 8. Exterior appearance...... The design of a guest house shall maintain and enhance the character and exterior appearance of the primary dwelling. 9. Water and sewer service. ..... Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Health Department or the Isle of Wight County Department of Public Utilities. I. Home occupation, Type I and Type II. I. Intent...... These provisions are adopted in recognition that certain small -scaled commercial activities may be appropriate in conjunction with residential uses. The character and scale of such commercial activities must be subordinate and incidental to the principal use of the premises for dwelling purposes, and must be consistent with the predominant residential character of the property and/or surrounding neighborhood. In addition, these provisions are intended to limit the size of such home occupations to not create an unfair competitive advantage over businesses located in commercially zoned areas. 2. Types of home occupations...... Recognizing the divergent needs of the developing areas of the county from the rural areas of the county, two (2) levels or types of home occupations have been established. Type I home occupations afford the greatest degree of protection to surrounding residents in those areas that are developing and becoming more suburban in nature. In contrast, Type II home occupations have been established to recognize the greater spaces between residents as well as the types of activities that are similar to those associated with the more traditional agricultural and forestry related activities found in the rural areas. 3. Uses for home occupation: Type I...... Type I home occupations are allowed in the following zoning districts: VC, NC, SE, SR, UR, PD- R, PD -MH, and PD -MX. The following is a representative listing of uses which may be conducted as Type I home occupations within the limits established in this section, however, uses not listed below require a specific letter of confirmation from the zoning administrator: - Art, handicraft, music, writing, photography, or similar studios - Computer and home typing services - Direct sales product distribution as long as products are directly delivered to the customer - Dressmaker, seamstress, tailor 182 • Babysitting (up to five (5) children) • Hair cutting and styling • Home typing or computer services • Mail-order sales for delivery directly to the customer • Non -principal offices of physician, dentist, veterinarian, insurance agent, real estate or similar profession • Offices of accountant, architect, engineer, surveyor, land planner, soil scientist, lawyer, income tax preparer, minister, priest, rabbi, member of a religious order, psychotherapist, counselor, management consultant or similar professional • Preparation of food for off -premises catering • Telephone sales and order -taking • Tutor 4. Uses for home occupation Type II...... Type II home occupations are allowed in the following zoning districts: RAC and RR. The following is a representative listing of uses that may be conducted as Type II home occupations within the limits established in this section, however, uses not listed below require a specific letter of confirmation from the zoning administrator: • All Type I uses • Carpentry shop • Contractor businesses • Electronic sales and service • Facilities for service and repair of agricultural equipment and incidental sale of parts and supplies • Glazier's or painter shop • Gunsmith following section 5-5002.1.9 • Heating, plumbing, or air conditioning services • Landscape and horticultural services • Limousine service • Machine shop/metal working completely enclosed building • Massage, physical therapy provided all is completed in a • Motor vehicle display for purposes of sale of up to four (4) vehicles per year (no more than one (1) vehicle may be displayed at any time) 183 • Repair of small appliances, small engines and limited machining of small parts, office machines, cameras, and similar small items • Repair or servicing of small internal combustion engines used in lawn mowers, edgers, hedge trimmers, power saws and similar yard maintenance equipment inside enclosed structure • Retail sales of agricultural, craft and woodworking products principally produced on-site • Taxidermy (See supplementary use regulations section 5- 5005.AA) • Telephone answering service • Veterinary services • Waterman's operation with on -premises wholesale and retail sale prohibited • Wood working and furniture repair, upholstery and cabinet making 5. Uses that are prohibited as home occupations...... The following uses shall be prohibited as home occupations: • Vehicle or boat repair or painting • Equipment or vehicle rental • Seafood or bait sales • Furniture sales • Funeral director, mortuary or undertaker • Laboratory shop • Medical or dental clinic • Private clubs • Restaurants • Animal hospitals • Commercial stables • Commercial kennels • Antique shops • Gun shops, sale of firearms • Bed and breakfast • Fortune-teller, including a clairvoyant, a practitioner of palmistry, a phrenologist, a faith healer, a star analyst, a handwriting analyst who WE attempts to predict the future or any other person who attempts to predict the future - Tattoo parlors 6. General standards for all home occupations. a. The maximum floor area devoted to home occupations shall not exceed twenty-five (25) percent of the finished floor area of the dwelling unit. b. More than one (1) home occupation may be permitted provided the total floor area used for all home occupations is not exceeded. c. No dwelling or structure shall be altered, occupied, or used in a manner, which would cause the premises to differ from a character consistent with a residential use. The use of colors, materials, construction, lighting, or other means inconsistent with a residential use shall be prohibited. d. There shall be no outside storage of goods, products, equipment, excluding motor vehicles, or other materials associated with the home occupation. No toxic, explosive, flammable, radioactive, or other hazardous materials used in conjunction with the home occupation shall be used, sold, or stored on the site. e. The type and volume of traffic generated by a home occupation shall be consistent with the traffic generation characteristics of other dwellings in the area. f. Off street parking shall be provided as appropriate for the specific nature of the home occupation. g. The home occupation shall not involve the commercial delivery of materials or products to or from the premises. This excludes delivery by the United States Postal Service, Federal Express (FEDEX), United Parcel Service (UPS) or similar delivery services customarily found in residential areas. h. The home occupation shall not increase demand on water, sewer, or garbage collection services to the extent that the combined demand for the dwelling and home occupation is significantly more than is normal to the use of the property for residential purposes. i. No equipment or process shall be used in a home occupation which creates noise in excess of sixty (60) dB(A) measured at the property line, or vibration, glare, noxious fumes, or electrical interference detectable to the normal senses off the premises or through common walls. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or through common walls. 185 j. No activity in conjunction with a home occupation shall be conducted that adversely impacts or disturbs adjoining property owners. k. Signs are permitted in accordance with article IX of this ordinance. Only one (1) sign shall be permitted regardless of the number of home occupations, and must be setback ten (10) feet from the road as measured from the front property line. 1. All state, federal and local licenses and/or permits shall be obtained prior to operation. 7. Specific standards for Type I home occupations. a. Home occupations shall be confined to the primary dwelling. To conduct a home occupation in an accessory building, a conditional use permit must be obtained from the board of supervisors pursuant to section 1-1017. b. No one other than permanent residents of the dwelling shall be engaged or employed in such occupation. c. There shall be no display or storage of goods or products visible from the public right-of-way or adjacent property. d. Lessons in the applied arts shall be permitted, provided the class size for any lesson does not exceed five (5) students at any one (1) time. e. Except in the RAC and RR districts, no commercial vehicles shall be parked or stored on the premises associated with the home occupation. 8. Specific standards for Type II home occupations. a. Storage of goods or products shall not exceed ten (10) percent of the finished floor area devoted to the home occupation. b. One (1) person who is not a permanent resident of the dwelling may be engaged or employed in the home occupation. c. An accessory building or structure may be used with the home occupation, provided that the total floor area devoted to the home occupation in the accessory structure and dwelling unit does not exceed thirty (30) percent of the finished floor area of the dwelling unit. 9. Specific standards for Gunsmith as a home occupation. A gunsmith shall be allowed as a home occupation in the RAC and RR districts provided that it meets all specific standards for home occupations outlined above, and shall meet the following additional requirements specific to this use. a. The owner of the lot or parcel must occupy the primary dwelling. b. The gunsmith home occupation is specific to the owner/operator, should a new owner/operator wish to operate a gunsmith as a :. home occupation the process outlined in this section shall be completed regardless of a previous permit. c. A zoning permit shall not be issued for a gunsmith home occupation until the following procedure has been completed: i. The zoning administrator is to send written notification by certified letter to the last known address of each adjacent property owner advising them of the proposed gunsmith home occupation and informing them that the permit may be issued if written comments are not received within thirty (30) days. The property shall also be posted with a sign pursuant to section 1- 1021 for no less than fourteen (14) days prior to the expiration of the thirty -day period. ii. If the zoning administrator receives no written objection from any property owner so notified within thirty (30) days of the date of sending the notification letter, and the zoning administrator determines that the proposed gunsmith home occupation otherwise complies with the zoning ordinance, the zoning administrator may issue a zoning permit for the gunsmith home occupation. iii. If the zoning administrator receives written objection from any property owner so notified within thirty (30) days of the date of sending the notification letter, then the zoning administrator may not issue a zoning permit unless and until such time as a conditional use permit for the proposed gunsmith home occupation is approved by the board of supervisors with a recommendation by the planning commission. J. Kennel, private...... A private kennel shall be located fifty (50) feet from any property zoned other than RAC or RR. K. Manufactured home, Class A...... A manufactured home, Class A may be permanently located on a lot or parcel as permitted by the underlying district, except in planned development manufactured home parks. For the purposes of this section, the following shall apply: 1. The manufactured home is the only residential structure located on the lot or parcel; 2. The manufactured home has a width of nineteen (19) or more feet; 3. The pitch of the home's roof has a minimum vertical rise of one (1) foot for each five (5) feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction; 4. The exterior siding consists of materials comparable in composition, appearance, and usability to the exterior siding commonly used in standard residential construction; 5. The manufactured home is constructed on a permanent footing that meets the requirements of the building code. The foundation wall 187 shall be a continuous, masonry foundation, unpierced except for required ventilation and access and shall be installed prior to occupancy; and 6. The tongue, axles, transporting lights, and towing apparatus are removed after placement on the lot and before occupancy. L. Manufactured home, Class B. 1. A manufactured home, Class B may be permanently located on a lot or parcel as permitted by the underlying zoning district, except in planned development manufactured home parks. 2. For the purposes of this section, the following shall apply: a. The manufactured home is the only residential structure located on the lot or parcel. b. The manufactured home is constructed on a permanent footing that meets the requirements of the building code. Skirting may be permitted around the perimeter of the foundation. c. The tongue, axles, transporting lights, and towing apparatus are removed after placement on the lot and before occupancy. M. Manufactured home, family member residence. ..... A manufactured home, Class B, located on the same lot or parcel as a primary dwelling may be allowed as an accessory use in accordance with the provisions of the underlying zoning district. For the purposes of this section, the following shall apply: 1. The manufactured home shall be occupied solely by a specified family member or members, related to the occupants of the primary residence on the property. a. The owner of the lot or parcel must occupy the primary dwelling. b. A family member manufactured home shall not be permitted prior to the construction and occupancy of the primary dwelling. c. The manufactured home shall be removed not later than ninety (90) days after no longer being occupied by the specified occupants. 2. The minimum lot size for a primary residence with a family member manufactured home shall be one hundred fifty ( 150) percent of the minimum square footage required by the underlying zoning district. 3. Where public sewer is not available, the Isle of Wight County Health Department shall approve sewage disposal for all family member manufactured homes. 4. Only one ( 1) family member manufactured home is allowed per parcel. 5. No family member manufactured home shall be allowed on a lot with another manufactured home, Class B. 6. A zoning permit shall not be issued for a family member manufactured homes until the following procedure has been completed: a. The zoning administrator is to send written notification by certified letter to the last known address of each adjacent property owner advising them of the proposed family member manufactured home and informing them that the permit may be issued if written comments are not received within thirty (30) days. The property shall also be posted with a sign pursuant to section 9-1006 for no less than fourteen (14) days prior to the expiration of the thirty -day period. b. If the zoning administrator receives no written objection from any property owner so notified within thirty (30) days of the date of sending the notification letter, and the zoning administrator determines that the proposed manufactured home otherwise complies with the zoning ordinance, and the requirements for sewage disposal, the zoning administrator may issue a zoning permit for the family member manufactured home. c. If the zoning administrator receives written objection from any property owner so notified within thirty (30) days of the date of sending the notification letter, then the zoning administrator may not issue a zoning permit unless and until such time as a conditional use permit for the proposed manufactured home for a family member is approved by the board of supervisors with a recommendation by the planning commission. N. Manufactured home, temporary residence. ..... A manufactured home, Class B may be allowed as a temporary residence during the construction, repair, or renovation of a permanent residential structure on a single lot or parcel subject to the following: 1. All permits for temporary residences, while repairing a permanent residence shall expire within one (1) year after the date of issuance. No extension shall be considered unless substantial construction has been initiated on the permanent residence. One (1) extension not exceeding ninety (90) days may be granted by the zoning administrator if it is determined that such additional time is required to reasonably complete the construction, repair or renovation of the permanent residence. 2. All permits issued for temporary residence while constructing a new replacement residence shall expire within two (2) years after the date of issuance. No extension shall be considered unless substantial construction has been initiated on the replacement residence. One (1) extension not exceeding ninety (90) days may be granted by the zoning administrator if it is determined that such additional time is required to reasonably complete the construction, repair or renovation of the replacement residence. 3. All temporary manufactured homes must be removed at least thirty (30) days after a final certificate of occupancy has been issued. 4. Only one (1) temporary manufactured home is allowed per parcel. O. Multifamily dwelling. 1. Districts indicated permitted. ... in the zoning for such apartment us cases, supersede those district regulations. .. Multifamily apartments are permitted as district regulations. The following standards :s are intended to supplement, and in some outlined in the schedule of zone regulations 2. Density controls for multifamily apartment development. a. Lot area and dimensions. i. Minimum lot area:..... Fifteen thousand (15,000) square feet. (Note: Multifamily dwellings located on less than three (3) contiguous acres shall obtain a conditional use permit.) ii. Minimum frontage:..... One hundred (100) feet in continuous frontage. iii. Minimum lot depth:..... One hundred (100) feet. iv. Minimum setbacks: Front: Thirty (30) feet. Side: Fifteen (15) feet. Rear: Twenty (20) feet. 3. Buffers and special setback requirements. a. All structures, including accessory structures, shall be located a minimum of seventy (70) feet from the right-of-way of an existing street which abuts or borders the development. An additional twenty -foot setback from existing arterial streets shall be required for any structure which exceeds two (2) stories. b. Building setbacks for lots adjacent to single-family residential districts or property used for single-family dwellings shall be at least fifty (50) feet. No active recreational areas, parking, or refuse containers should be located within this setback area. c. Whenever the principal entrance to a multifamily structure, or the entrance to the individual dwelling units therein, faces on and opens directly onto the side or rear yard portion of a building, the yard width shall not be less than the front yard requirement. No parking shall be permitted within the side or rear yard space required under this provision. d. The rear yard setback may be reduced to twenty (20) feet from service drives, driveway aisles, parking areas, and alleys. e. The minimum distance between multifamily structures shall be fifty (50) feet. 190 4. Maximum density:..... Fourteen (14) dwelling units per acre. 5. Building coverage:..... The maximum lot coverage for principal and accessory buildings shall be forty (40) percent of the total tract area. 6. Open space: a. A minimum of forty-five (45) percent of the total site area shall be maintained as open space. This required open space shall not be devoted to service driveways, off-street parking, or loading spaces. b. It is further provided that twenty-five (25) percent of the above - referenced open space be suitable for usable recreational space. c. Each such recreational space shall be at least fifty (50) feet in the least dimension with a minimum area of five thousand (5,000) square feet. 7. [Multifamily apartments:] ..... Multifamily apartments shall be provided with central water and public sewerage systems constructed in accordance with county standards and specifications for such systems and be approved by all appropriate agencies. 8. [Private streets:] ..... Private streets shall meet the design, material and construction standards established by the Virginia Department of Transportation. A maintenance plan shall be prepared and submitted as part of the site development plan approval process. 9. [Parking standards.] ..... Parking standards and aisle widths shall be accordance with article X of this ordinance. 10. Landscaping: ..... For the purpose of landscaping, multifamily dwellings shall be treated as a commercial use type and required to submit a landscaping plan meeting all of the guidelines and specifications of article VIII pertaining to such use types. 11. [Lighting:] ..... Lighting shall be installed in accordance with article XI (outdoor lighting requirements and restrictions) and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. 12. Site plan approval:..... Site plans shall be required for all multifamily developments in accordance with the provisions of this ordinance. 13. Management of common and open spaces in multifamily and condominium developments: a. All common and open spaces shall be preserved for their intended purpose as expressed on the approved site plan. b. A management structure consisting of a nonprofit association, corporation, trust, or foundation for all owners of residential property within the development shall be established to insure the maintenance of open space and other facilities. c. The management structure shall be established prior to the sale of any property. 191 d. Membership in the management structure shall be mandatory for all residential property owners, present or future, within the development. e. The management structure shall manage all common and open spaces, recreational and cultural facilities, and private streets, and shall provide for the maintenance, administration and operation of said land and improvements, and secure adequate liability insurance on the land. f. The management structure and organization shall comply with the Condominium Act, Code of Virginia (1950), as amended. 14. Architectural treatment: ..... The following architectural treatments shall be incorporated into all multifamily developments: a. Developments shall possess architectural variety but enhance an overall cohesive residential character. achieved through the creative use of balconies and or/terraces, articulation varied sculptural or textural relief of ornaments, varied rooflines or other lighting fixtures and/or plantings, and placement of front entryways. This character shall be design elements such as of doors and windows, facades, and architectural appurtenances such as where applicable varied b. Pedestrian pathways shall be used to link all buildings, greenspaces, and recreational areas within the development. Buildings shall be linked to sidewalks and to each other as appropriate. These walkways shall be landscaped and lighted. c. Open space areas shall be considered an organizing element of the site plan. Courtyards or greens shall be utilized within the development. In such instances, residential buildings shall front on these open spaces. P. Temporary emergency housing. 1. Intent: These regulations are adopted in recognition that temporary emergency housing options may be necessitated by fire, flood, or other unforeseen and sudden acts of nature. 2. Temporary emergency housing, used under a declared disaster: a. Temporary emergency housing may be placed on property when a disaster has been declared by the board of supervisors, the Governor of the Commonwealth of Virginia, or the President of the United States in accordance with applicable state and federal law. b. A zoning permit shall be obtained before temporary emergency housing can be placed on the property. c. All zoning requirements, including setback requirements, may be waived as determined to be necessary by the zoning administrator. d. The period for temporary placement of such structures shall be no more than twelve (12) months, unless an extension is specifically 192 authorized by the board of supervisors for an additional period of time to be set by the board. e. No action under these provisions shall authorize permanent improvements or establishing a use in violation of this ordinance or any other law. 3. Temporary emergency housing, used during reconstruction or replacement of an uninhabitable dwelling lost or destroyed by fire, flood, or other unforeseen and sudden acts of nature: a. The zoning administrator may authorize the emergency use of a temporary emergency housing on a lot, if the building official certifies that the permanent dwelling on the lot is uninhabitable. b. Only one (1) temporary emergency housing unit shall be permitted on any lot of record. It shall be located on the same lot as the destroyed dwelling, and must be occupied only by the person, persons, or family, whose dwelling was destroyed. c. The temporary emergency housing shall meet all setback and yard requirements for the district in which it is located. It shall be anchored and stabilized in accordance with the provisions of the Virginia Uniform Statewide Building Code. d. A one time extension of up to ninety (90) additional days may be granted by the zoning administrator if substantial reconstruction of the destroyed dwelling has occurred, and work has, and is continuing to progress. The temporary emergency housing must be removed within thirty (30) days after a final certificate of occupancy has been issued for the reconstructed dwelling. Q. Townhouse. ..... Townhouses are permitted as indicated in zoning district(s) regulation(s). The following standards for townhouse development are intended to supplement, and in some cases, supersede those outlined in the district regulations: 1. Density requirements: a. Minimum parcel area: Fifteen thousand (15,000) square feet. (Note: Townhouse developments located on less than three (3) contiguous acres shall obtain a conditional use permit.) 2. Townhouse developments: a. Each parcel utilized for townhouse development shall have a minimum frontage of at least two hundred (200) feet upon a public street and shall have a minimum depth of not less than two hundred (200) feet. b. The maximum permitted density shall not exceed the density permitted in the zoning district for the total tract area of the townhouse development. c. The total of all building areas shall not exceed forty (40) percent of the gross site acreage of the townhouse development. 3. Townhouse lots: 193 a. The lot width, measured at the building line, for individual townhouse dwelling units shall be no less than twenty (20) feet. b. The lot width of end units of townhouse structures shall be adequate to provide the required side yards. c. There shall be no more than one (1) townhouse dwelling unit on a townhouse lot. d. Individual townhouse lots shall contain no less than one thousand five hundred (1,500) square feet, except that end units shall contain not less than three thousand five hundred (3,500) square feet. 4. Yard requirements: a. Front yards...... The front yard of a townhouse lot which fronts on a public or private street shall be twenty-five (25) feet. b. Side yards...... Side yards shall be required only for end unit lots of a townhouse structure. Under no condition shall a side yard adjacent to a public or private street, or adjacent to the property line of the townhouse development be less than the required minimum front yard. c. Rear yards. ..... A rear yard -of twenty-five (25) feet shall be provided for each townhouse lot. 5. Building coverage:..... The maximum lot coverage for principle and accessory buildings shall be forty (40) percent of the total tract areas. 6. Building requirements and relationship: a. Dwelling units per townhouse structure and length of structure...... No more than eight (8) dwelling units shall be contained in a townhouse structure. The maximum length of any townhouse structure shall not exceed two hundred (200) feet. b. Setback between buildings. ..... The minimum distance between any two (2) unattached townhouse structures shall be forty (40) feet. The setback shall be increased to sixty (60) feet if the townhouse structures are face to face. The point of measurement shall be the exterior walls of the structures and does not include balconies or other architectufal features. In the event that the structures are contained within a townhouse cluster, the above distances may be reduced to twenty-five (25) feet and forty (40) feet, respectively. c. Distance to service areas. ..... No townhouse structure shall be closer than twenty (20) feet to any interior driveway or closer than fifteen (15) feet to any off-street parking area excluding a garage or parking space intended to serve an individual townhouse unit. 7. [Minimum livable area:] ..... Individual townhouse units shall contain at least nine hundred (900) square feet of livable floor area, exclusive of garages, carports, basements, attics, open porches, patios, or breezeways. 194 8. Requirements for townhouse cluster: a. All lots within a townhouse cluster shall front on a public way. A public way intended for pedestrian circulation shall have a minimum width of five (5) feet. b. All public ways or other common facilities within a townhouse cluster shall be maintained by the property owners within the townhouse cluster. 9. Utilities—Water and sewage systems: a. Townhouses shall be provided with central water and public sewerage systems constructed in accordance with standards and specifications for such systems and be approved by all appropriate agencies including the Isle of Wight County Department of Public Utilities and the Hampton Roads Sanitation District. b. All utilities shall be located underground. 10. [Private streets:] ..... Private streets shall meet the design, material and construction standards established by the Virginia Department of Transportation. A maintenance plan shall be prepared and submitted as part of the site development plan approval process. 11. [Parking standards:] ..... Parking standards and aisle widths shall be in accordance with article X. vehicle parking and landscaping. 12. Open space:...,. A minimum of forty (40) percent of the lot, parcel, or tract of land upon which the townhouse development is located shall be maintained in common open space areas. 13. Landscaping:..... For the purpose of landscaping, townhouses shall be treated as a commercial use type and required to submit a landscaping plan meeting all of the guidelines and specifications of article VIII pertaining to such use types. 14. Lighting:..... Lighting shall be installed in accordance with article XI and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. 15. Site plan approval:..... Site plans shall be required for all townhouse developments in accordance with the provisions of this ordinance. 16. Management of common and open spaces in townhouses and condominium developments: a. All common and open spaces shall be preserved for their intended purpose as expressed on the site plan. b. A management structure consisting of a nonprofit association, corporation, trust, or foundation for all owners of residential property within the development shall be established to insure the maintenance of open space and other facilities. c. The management structure shall be established prior to the sale of any property. 195 d. Membership in the management structure shall be mandatory for all residential property owners, present or future, within the development. e. The management structure shall manage all common and open spaces, recreational and cultural facilities, and private streets, and shall provide for the maintenance, administration and operation of said land and improvements, and secure adequate liability insurance on the land. f. The management structure and organization shall comply with the Condominium Act, Code of Virginia (1950), as amended. 17. Architectural treatment: ..... The following architectural treatments shall be incorporated into all townhouse developments: a. Townhouse rows of more than six (6) units shall be clustered and employ sufficient variety of setbacks to avoid monotonous facades and bulky masses. The front setback of each townhouse unit shall be varied at least two (2) feet from the adjacent unit; every third unit shall vary at least four (4) feet from the adjacent unit. b. Developments shall possess architectural variety but enhance an overall cohesive residential character. This character shall be achieved through the creative use of design elements such as balconies and or/terraces, articulation of doors and windows, varied sculptural or textural relief of facades, and architectural ornaments, varied rooflines or other appurtenances such as lighting fixtures and/or plantings, and where applicable varied placement of front entryways. c. Townhouses may front onto open spaces. in this instance, a private shared driveway in the rear of residential buildings shall be utilized. A minimum of eighty (80) percent front yard soft landscaping shall be planted. Garages shall not protrude beyond the farthest wall of the residential building on the same side. d. in instances where front entryways are placed in the front yard of a townhouse, garages shall not protrude forward beyond the front door of the housing unit. e. Pedestrian pathways shall be used to link all buildings, green spaces, and recreational areas within the development. Buildings shall be linked to sidewalks and to each other as appropriate. These walkways shall be landscaped and lighted. Sec. 5-5005. - Supplementary use regulations for commercial use types. A. Adult entertainment establishment. ..... An adult entertainment establishment shall be permitted where the zoning district(s) regulation(s) identifies) such uses subject to the following standards: 1. No such regulated use shall be permitted: 196 a. Within two thousand five hundred feet (2,500) of any other existing adult entertainment establishment; and b. Within two thousand five hundred feet (2,500) of any residential zoning district, planned development residential district; c. Within two thousand five hundred feet (2,500) of any of the following uses: i. Child care institution, child care center, place of religious assembly, or establishment that sells religious articles or religious apparel; ii. Primary or secondary educational facility, and their adjunct play areas; and iii. Community recreation, public parks and recreational areas, or cultural services. The separation and distances specified in this subsection shall be measured from property lines, or in the case of zoning districts, from the outward boundary of that district. 2. Signs and other visible messages. Adult entertainment establishments shall be permitted to have signs and visible messages based on the allowable sign area of the zoning district in which they are located, provided: a. Signs. i. Sign messages shall be limited to verbal description of material or services available on the premises. ii. Sign messages may not include any graphic or pictorial depiction of material or services available on the premises. b. Other visible messages. i. Messages which are visible or intended to be visible from outside the property (such as on or within doors or windows) shall not display materials, items, publications, pictures, films, or printed material available on the premises; or pictures, films, or live presentations of persons performing or services offered on the premises. 3. Discontinuance of operation. Should a use defined as an adult entertainment establishment cease or discontinue operation for a period of ninety (90) or more consecutive days, it may not resume, nor be replaced by any other adult entertainment establishment unless it complies with the requirements set forth above. B. Antique shop. 1. The following shall apply to all antique shops: a. The outdoor display of goods or merchandise for sale shall be prohibited. 2. The following shall apply in the RAC and YC zoning districts: 197 a. The use of an existing structure shall be permitted provided adequate off-street parking is provided in accordance with this ordinance. b. Direct access to the property shall be provided from a publicly owned and maintained road, and use of a private road in conducting this business, other than a driveway for sole use of the owner/occupant of the property, shall be prohibited. C. Bed and breakfast. ..... Bed and breakfasts shall comply with the following standards: 1. Maximum number of guest bedrooms: Five (5); 2. Maximum number of guests at any one (1) time: Fifteen (15); 3. No paying guest shall stay on any one (1) visit for more than fourteen (14) consecutive nights; 4. One (1) off-street parking s pace for each guest bedroom shall be provided in a side or rear yard; 5. Meal service is limited to one (1) daily meal between 6:00 a.m. and 11:00 a.m. per paying overnight guest and is subject to approval by the Isle of Wight County Health Department for food preparation; and 6. At least one (1) operator of the bed and breakfast shall reside on the premises or on an adjacent premises. D. Campground...... All campground shall meet the following requirements: 1. Campground area. a. Minimum lot area: Ten (10) acres. b. Minimum lot frontage: One hundred fifty (150) feet abutting a public highway, road, or other public right-of-way, unless otherwise approved by the board of supervisors. 2. Camping site density. a. The density of campsites in a campground shall not exceed an average of fifteen (15) campsites per acre of the developed portion of the campground, inclusive of service roads, toilet facilities, and service buildings. b. Each camping site shall provide a minimum of nine hundred (900) square feet. c. The camping site shall either provide a parking space for one (1) motor vehicle that will not interfere with the convenient and safe movement of traffic, or provide equivalent parking of one (1) parking space per camping site in a central area. 3. Setbacks. a. Minimum setback of all camping sites or pads from: i. Adjacent property lines and public or street rights-of-way: One hundred (100) feet. ii. Any residence of adjacent property owners: Three hundred (300) feet. iii. All interior roads and from each other: Twenty (20) feet. 4. Roads. a. Interior roads shall be constructed of a minimum of six (6) inches of gravel and be twenty (20) feet wide, except that one-way roads may have a minimum width of ten (10) feet. b. Campgrounds shall be provided with safe and convenient vehicular access from abutting public streets or roads. c. Connections of campgrounds with public streets or roads shall conform to the applicable design standards as required by the Virginia Department of Transportation (VDOT). 5. Water and sewer. ..... Each campsite shall have an available water supply and sewage disposal facilities as may be required by the appropriate state and county agencies. Whenever public water and/or sewer systems are available, such systems shall be used. a. Service buildings. Each campground shall provide conveniently located service building(s) which shall contain the following minimum equipment for each twenty (20) campsites within the campground: i. One (1) flush type toilet; ii. One (1) lavatory; and iii. One (1) shower with hot and cold running water for males; and one (1) of each for females. Such equipment shall be in accordance with county and state codes. All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites, and other destructive elements. Exterior portions shall be of such material and be so constructed and protected as to prevent entrance or penetration of moisture and weather. 6. Recreation area...... A minimum of fifty percent (50%) of the total campground shall be reserved for open space and developed recreational area and shall not include any land required for individual campsites, roads or service area. 7. Fire protection. ..... Each campground shall provide such fire protection equipment as may be recommended by the local fire department. During installation of electrical service facilities for the campground, the department of inspections shall inspect and approve the installed electrical systems. A certificate of approval shall be displayed in the electrical service equipment area and a copy shall be provided to the zoning administrator. Additional regulations required to ensure the campground is protected from fire: 199 a. Campgrounds shall be kept free of litter, rubbish, and other flammable materials. b. Portable fire extinguishers rated for class A, B, and C shall be kept in service buildings and at other locations conveniently and readily accessible for use by all occupants and shall be maintained in good operating condition. Their capacity shall not be less than required by applicable codes. c. Fires shall be made only in stoves, incinerators, and other equipment intended for such purposes. S. Site plan...... A site plan shall be submitted for all campgrounds. 9. Time restrictions...... No recreational vehicle or camping trailer shall be used as a permanent residence and no individual unit shall be continually occupied in any location for a period of more than sixty (60) days within the period of one (1) year from the date it was first brought into the community. 10. Special conditions...... Campgrounds shall follow the regulations set forth in section 1-1017 for conditional uses. E. Campground, workforce: 1. Intent:..... The workforce campground, in contrast to a recreational campground, is to provide small scaled facilities in discrete rural areas of the county to accommodate the workforce associated with the Surry Nuclear Power Plant and similar facilities during outages, which require skilled and semi -skilled labor to seek temporary short term housing in the community. 2. General standards: a. Minimum lot size: Five (5) acres. b. The maximum number of campsites shall be ten (10) sites. c. No campsite shall be located within two hundred (200) feet of single-family residence located on an adjoining property, other than the residence of the owner/operator of the campground. d. Health department approval shall be obtained for the campground and sewage disposal system. Any form of sewage disposal may be approved by the health, unless otherwise specifically addressed by this ordinance, provided there is no assumption of liability on Isle of Wight County without the express approval of the board of supervisors. e. Access to campsites shall be provided by a ten -foot all weather road suitable for volume and characteristics of the vehicles typical of a campground. f. The property on which the workforce campground is located shall have direct access to a public road, or if a private road is used for access, all of the property owners having access rights to the private road shall provide a written authorization for the use of the private road for a workforce campground. 200 g. The maximum length of continuous occupancy in the same campground shall be no more than one hundred twenty (120) days. The zoning administrator has the authority to extend occupancy in the campground as necessary consistent with outage operations. Maximum occupancy shall not be circumvented by removal of units for brief periods of time, as is determined by the zoning administrator. h. The location of the campgrounds, the condition of the site and the nature of surrounding land uses shall be such that loss of farmland and adverse impact on surrounding property will be minimal. In general, a wooded site or partially wooded site is to be preferred to an open site in order to preserve farmland, reduce visual impact on development and provide an attractive environment within the campground. i. The overall design shall evidence a reasonable effort to preserve the natural amenities of the site, including wooded areas, steep slopes, bluffs, wetlands, beaches, and bodies of water. Special emphasis shall be given to preservation of mature trees and landscaping of areas which must be cleared. j. The conditional use permit, if approved, shall initially be issued for a period not to exceed five (5) years. Renewal of the permit shall be obtained prior to the expiration of the initial five (5) years, after which a permit may be issued for a period of not more than ten (10) years. F. Commercial equip repair, accessory to dwelling. 1. The operation and use shall not occupy a building larger than two thousand (2,000) square feet. 2. Outdoor storage shall be prohibited. G. Commercial indoor sports and recreation. 1. Where an indoor shooting range is proposed, the following additional criteria shall apply: a. The application shall be referred to the county sheriffs office for review and comment. Such use shall be designed to eliminate all danger from flying projectiles, as deemed necessary by the county sheriff. b. The building and site shall be designed to eliminate any excessive noise, above what would be customary and typical for the location without an indoor shooting range. H. Commercial outdoor entertainment/sports and recreation. 1. The following shall apply to all such uses: a. All principal buildings and structures and all intensively active areas associated with this use shall comply with the height, coverage, and setback regulations for the district in which they are located. 201 b. The provision of food, refreshments, and entertainment as an accessory use to the principal use shall be permitted, provided such activity shall not create additional demand on on-site facilities, including parking, access, utilities, etc. c. All outdoor lighting shall be Iocated, shielded, landscaped, or otherwise buffered so that no direct light shall constitute an intrusion into any residential area. I. Commercial outdoor swimming pool and tennis facility...... Commercial swimming pools or tennis facilities, including accessory buildings, may be allowed when consistent with zoning district regulations upon a finding by the board of supervisors with a recommendation from the planning commission that such a use will not create excessive traffic, noise, or physical activity, provided that the following minimum area, frontage, and setback requirements shall be complied with: 1. Minimum area is five (5) acres; 2. Minimum frontage of two hundred (200) feet on a public road; 3. Swimming pools, tennis courts, recreation areas, and buildings shall be at least two hundred (200) feet from any adjacent residential zone; 4. Setbacks for swimming pools and tennis facilities shall be fifty (50) feet from the front property line, thirty-five (35) feet from the rear line, and twenty-five (25) feet from each side property line in all zones; and 5. Where a community recreation facility is proposed to be converted to this use, the planning commission and board of supervisors may vary the area and setback requirements above, provided that alternative methods of protecting adjoining properties are required as conditions of the conditional use permit. J. Construction office, temporary. 1. Temporary construction offices, including trailers, may be used on construction sites provided that such structures shall be removed from the subject property within thirty (30) days of: a. The superintendent of inspections issuing a certificate of occupancy for building construction; b. For a residential subdivision, upon completion of infrastructure and site improvements; or c. The expiration of the building or zoning permit, whichever was last issued, for the property. Upon written request, the zoning administrator may grant a reasonable extension of time based on extenuating circumstances related to the character and complexity of the construction project. K. Contractor office and storage facility. ..... All materials stored on the property shall be placed either indoors or in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 202 one hundred (100) feet from any adjoining residential di strict, in addition to meeting the landscaping zone requirements of article VIII. L. Convenience store. 1. The following standards shall apply to all convenience stores: a. When gasoline is sold, all requirements for a gasoline station shall be met as set forth in subsection 5-5005.0., the supplementary use standards for a gasoline station. b. The outdoor display of goods for sale shall be prohibited. M. Crematorium...... A crematorium may be permitted where indicated in the zoning district(s) regulation(s). 1. Any crematorium shall be located at least two hundred (200) feet from any residential lot line. 2. The proposed location is compatible with adjacent land uses, existing or proposed highways, and other elements or factors deemed to affect the public health, safety, and welfare of the inhabitants of such district. N. Flea market. 1. The following shall apply to all flea markets: a. All areas designated and used for the display and/or sale of merchandise shall be shown on a site plan approved by the county. All such areas shall be under a roof or in permanently designated areas. Use of any area not shown for such use on the approved site plan, including parking areas for incidental sales, shall constitute a violation of this ordinance. b. All outdoor areas used for the display and/or sale of merchandise shall be located seventy (70) feet from any street. Merchandise shall be removed from outdoor display areas on a daily basis, including any temporary structures used in the display or sale of the merchandise. c. Regular refuse disposal shall be required and the property shall be kept free of litter, rubbish, and all other materials. 2. Any tractor trailers, shipping containers, storage buildings, and similar facilities or structures are prohibited. 3. Flea markets shall not be approved where their location would contribute to the depreciation of the business district or disrupt the stability of the business district. 0. Funeral home (as a conditional use). 1. The use of a tract or parcel of land or buildings for a funeral home may be allowed when identified in the zoning district(s) regulation(s) as a conditional use upon a finding by the board of supervisors with a recommendation by the planning commission that: 2. The use will not create excessive noise, traffic, or type of a physical activity. 203 3. Special conditions, such as provisions for additional fencing or planting or other landscaping, additional setback from property lines, location, arrangement of lighting and parking areas, and other reasonable requirements deemed necessary to safeguard the general community interest and welfare, may be invoked by the board of supervisors with a recommendation from the planning commission as requisites to the granting of a conditional use. P. Garden center...... A garden center shall comply with the following: 1. All buildings and outdoor storage areas shall be at least fifty (50) feet from any property line, except: a. Plant materials may be stored or displayed in the front yard no closer than thirty-five (35) [feet] from a street. The display of equipment, tools or bagged and bulk materials in the front yard shall be prohibited. 2. All materials stored on site that produce odors or attract pests or other vermin shall be effectively covered or otherwise managed to effectively eliminate any nuisance of such storage. 3. The outdoor storage of garden tools, bulk or bag materials, and similar items shall only be allowed within a fully screened storage area. Q. Gasoline station. 1. The following shall be required for all gasoline station uses: a. In addition to the buffer zone planting requirements of article VIII, screening with a solid, durable wall or a substantial, solid fence, not less than six (6) feet in height shall be provided in the buffer zone. Required buffer zone plantings shall be located between the solid screen and the adjacent properties. Such additional screening may be waived by the board of supervisors when the natural terrain or existing vegetation provides an effective buffer. b. Signs, product displays, parked vehicles, and other obstructions that would adversely affect visibility at any intersection or driveway shall be prohibited. c. Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare in any residential zone or upon the adjacent roadway. See article XI. d. Gasoline pumps or other service appliances shall be located on the lot at least ten (10) feet behind the building line, and all service, storage, or similar activities in connection with such use shall be conducted entirely within the building. e. There shall be at least twenty (20) feet between driveways on each street and all driveways shall be perpendicular to the curb or street line. 204 f. Light motor vehicle repair work may be done at a motor vehicle fuel and service station, provided that no major repairs, spray paint operation, or body or fender repair are permitted. g. Motor vehicles shall not be parked so as to overhang the public right-of-way. h. A motor vehicle storage lot containing no more than three thousand five hundred (3,500) square feet may be permitted for use in connection with a towing operation. Such storage shall be screened from public view as specified in article VIII, and shall not be for the storage of inoperable, unlicensed, or unregistered motor vehicles. i. When such use occupies a corner lot, the location of egress and ingress driveways shall be in compliance with any and all applicable standards of the Virginia Department of Transportation. Such driveways shall not exceed the applicable commercial entrance standards or requirements of the Virginia Department of Transportation. j. The canopy of a gasoline station shall not exceed fifteen (15) feet in height measured from the bottom of the canopy to the paved surface of the fueling lane, shall have a double -pitched roof of no less than 5:12, and shall be architecturally integrated with the principle building. k. The canopy shall utilize the same architectural elements and building materials as the principle building. 1. In the event that a gas station is vacant for a period greater than eighteen (18) months, the county shall require the owner of record to provide suitable financial surety in an amount sufficient to remove and dispose of any underground tanks plus ten percent (10%). Absent such surety, the county may remove any such tanks and place a lien on the property including all administration costs. R. Golf course/driving range. ..... Golf courses, including golf driving ranges, shall comply with the following regulations: 1. The incidental provision of food, refreshments, and entertainment for patrons and their guests may be allowed in connection with such use, provided they do not draw an excessive amount of traffic through local residential streets, and that their provision is subordinate to the principal use. 2. All outdoor lighting shall be located, shielded, landscaped, or otherwise buffered so that no direct light shall constitute an intrusion into any residential area or adjacent streets. 3. If adjacent to single-family residential use all buildings and parking shall meet a minimum setback of one hundred (100) feet from the property line. 4. Adequate netting, screening, or other similar devices shall be installed around the golf ball landing area to ensure golf balls don't land PM, beyond the subject property lines or negatively impact any adjoining structures. The zoning administrator shall determine the adequacy of the system used to keep golf balls within the golf ball landing area. S. Kennel, commercial. 1. General standards: a. Animal waste shall be disposed of in a manner applicable to all federal, state and local laws and regulations. b. Crematoria or land burial of animals in association with a commercial kennel shall be prohibited. 2. Additional standards in the RAC district: a. The minimum area required for a commercial kennel shall be two (2) acres. b. All facilities associated directly with the commercial kennel, whether indoors or outdoors, shall be set back a minimum of one hundred (100) feet from any property line, and shall meet the screening zone requirements as specified in article VIII. c. The site shall front on and have direct access to a publicly owned and maintained street. 3. Additional standards in the GC district: a. All outdoor runs, training areas and pens associated with a commercial kennel shall be set back a minimum of one hundred (100) feet from any property line, and shall meet the screening zone requirements as specified in article VIII. T. Marina...... Marinas in the RAC, RR, VC, and NC districts in existence as of the date of this ordinance may be expanded or enlarged without a conditional use permit provided that all other site plan requirements are met. U. Miniwarehouse...... A miniwarehouse may be permitted consistent with the zoning district(s) regulation(s), provided: 1. The minimum lot size shall be three (3) acres. 2. All storage spaces shall be contained in individual enclosed stalls containing no more than four hundred (400) square feet each and no greater than ten (10) feet in height. 3. The following uses shall be prohibited: a. Auctions by tenants, commercial wholesale or retail sales, or miscellaneous or garage sales. b. The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment. c. The operation of power tools, spray -painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment. d. The establishment of a transfer and storage business. 206 e. The storage or transfer of toxic, flammable, or otherwise hazardous chemicals or similar substances, highly combustible, explosive or hazardous materials regulated by local, state, or federal law. f. Residential uses (other than a resident manager's apartment). 4. Outdoor storage areas shall be used for the storage of motor vehicles, trailers, and recreational vehicles only and shall meet the screening zone requirements of article VIII. 5. When adjoining properties are used or zoned for residential purposes: a. Non -street -facing property lines shall be improved with a solid, vinyl or wooden fence, or masonry wall along the entire length (except for approved access crossings) a minimum of six (6) feet in height, installed in addition to, and to the interior of, the required buffer zone plantings specified in article VIII. b. In addition to the required frontage zone plantings specified in article VIII, street -facing property lines shall require a wooden fence or masonry wall along the entire length (except for approved access crossings) a minimum of six (6) feet in height. Said improvements are to be located outside any public right-of-way and interior to any required setback or frontage zone landscaping. 6. No security fencing, security gate or other obstruction to vehicle access shall be permitted in the required front yard setback or in any required buffer yard. 7. All interior driveways shall be at least twenty-six (26) feet wide when cubicles open onto one (1) side only and at least thirty (30) feet wide when cubicles open onto both sides to accommodate loading and unloading at individual cubicles. Adequate turning radiuses shall be provided, where appropriate, for a thirty -foot -long single unit truck or moving van. V. Micro -brewery, distillery, cidery...... General Standards: 1. Activities related to the brewing/distilling process not within an enclosed building shall meet the requirements of the screening zone as set forth in article VIII. 2. Tasting rooms, restaurants, retail space, and other uses shall not exceed fifty percent (50%) of the floor area of the establishment. W. Motor vehicle dealership, new. 1. General standards: a. Outdoor display areas in conjunction with automobile sales shall be constructed of the same materials required for off-street parking areas. b. The storage and/or display of motor vehicles in the required frontage zone, buffer, or planting strip along a right-of-way shall be prohibited. 207 c. Exterior display or storage of new or used automobile parts is prohibited. d. All repair services shall take place within an enclosed structure. e. Body and fender repair services are permitted provided: i. The area devoted to such services does not exceed twenty percent (20%) of the floor area. ii. The repair facilities are at least one hundred fifty (150) feet from any adjoining residential district. iii. Any spray painting takes place within a structure designed for that purpose and approved by the department of building inspections. iv. Any vehicle awaiting body repair or painting, or is missing major mechanical or body parts, or has been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential district, in addition to meeting the Iandscaping zone requirements of article VIII. X. Motor vehicle dealership;'used...... General standards: 1. Outdoor display areas in conjunction with automobile sales shall be constructed of the same materials required for off-street parking areas. 2. The storage and/or display of motor vehicles in the required frontage zone, buffer, or planting strip along a right-of-way shall be prohibited. 3. Exterior display or storage of new or used automobile parts is prohibited. 4. All repair services shall take place within an enclosed structure. 5. Any vehicle which is missing major mechanical or body parts or has been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential district, in addition to meeting the landscaping zone requirements of article VIII. Y. Motor vehicle partsisupply, retail...... General standards: 1. Exterior display or storage of new or used automobile parts is prohibited. 2. Equipment and vehicles stored overnight on the premises shall be behind the front building line or at least thirty-five (35) feet from the public right-of-way, whichever is greater. Z. Motor vehicle/rental...... General standards: 1. Unless otherwise permitted and approved, the conducting of any major repairs, spray paint operation, body or fender repair, or sale of gas shall be prohibited, except that not more than one (1) gasoline pump shall be permitted, but only for the fueling of rental vehicles. NE 2. Vehicles shall be stored or parked in areas constructed of the same materials required for off-street parking areas, and meeting the landscaping requirements for parking zones. 3. When such a use abuts a residential zone or civic use, the use shall be screened by a solid vinyl or wooden fence, or masonry wall not less than six (6) feet in height. 4. Signs, product displays, parked vehicles, and other obstructions that would adversely affect visibility at any intersection or driveway shall be prohibited. 5. Lighting, including permanent illuminated signs, shall be arranged so a:s not to reflect or to cause glare into any residential zone. AA. Motor vehicle repair service/major...... General standards: 1. All vehicles stored on the premises in excess of seventy-two (72) hours shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential district, in addition to meeting the landscaping zone requirements of article VIII. 2. Body and fender repair services shall be subject to the following: a. The repair facilities are at least one hundred fifty (150) feet from any adjoining residential district. b. Any spray painting takes place within a structure designed for that purpose and approved by the department of building inspections. c. Any vehicle awaiting body repair or painting, or is missing major mechanical or body parts, or has been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential district, in addition to meeting the landscaping zone requirements of article VIII. d. Exterior display or storage of new or used automobile parts is prohibited. e. Direct access to the property shall be provided from a publicly owned and maintained road, and use of a private road in conducting this business, other than a driveway for sole use of the owner!occupant of the property, shall be prohibited. BB. Motor vehicle repair service/minor ...... General standards: 1. Exterior display or storage of new or used automobile parts is prohibited. 2. Equipment and vehicles stored overnight on the premises shall be behind the front building line or at least thirty-five (35) feet from the public right-of-way, whichever is greater. CC. Restaurant, drive-in fast[food] . ..... General standards. RJ 1. Such restaurants shall comply with the requirements for drive-through facilities contained in subsection 5-1004.1), accessory uses, and section 10-1013, stacking spaces and drive through facilities. DD. Taxidermy...... General standards: 1. Proper permitting and record retention shall be required through the commonwealth for stuffing and mounting birds and animals for compensation or for sale, as provided for in Title 29.1. 2. Proper disposal of waste material to prevent potential disease transmission is required by the following means, and without undue delay: a. Incinerating organic waste material in an approved incinerator, not by open burning, even in a pit. b. Placing organic waste material in a legal landfill using a covered leakproof container for transport. C. Use of animal remains for hunting and for as an animal food source shall be prohibited. Sec. 10-1010. - Table of use types_ and parking requirements. USE PARKING REQUIREMENT Agricultural Use Types F'---- ' -- ---''- Agriculture Aquaculture No requirement No requirement Commercial feedlot No requirement Farm employee housing No requirement Farmer's market I space per 100 sq. ft., 5 spaces minimum Forestry operation No requirement Greenhouse, private No requirement Livestock auction See schedule B market Stable, commercial 1 space per employee on major shift, plus 1 space for every 4 animals stabled Stable, private __F., ^ No requirement m- Sawmill No requirement Wayside stand 1 1 space per 100 sq. ft., 3 spaces minimum Residential Use Types Accessory apartment Community recreation Condominium 1 additional space See schedule B 2 spaces per 1 bedroom unit 2.25 spaces per 2 bedroom unit 210 Dwelling, multifamily conversion .Dwelling, single-family Dwelling, two-family Family day care home Group home Guest house Home occupation Human care facility Kennel, private Manufactured home, Class A Manufactured home, Class B Manufactured home, Class C Manufactured home, emergency residence Manufactured home, family member residence Manufactured home park Manufactured home subdivision Manufactured home, temporary residence Multifamily dwelling Townhouse 2.5 spaces per 3 bedroom unit 1 visitor space for every 3 units 2 spaces per 1 bedroom unit 2.25 spaces per 2 bedroom unit 2.5 spaces per 3 bedroom unit 2 spaces per dwelling 2 spaces per dwelling unit 1 space per nonresident employee" 2 spaces per dwelling 1 additional space No requirement See schedule B No requirement 2 spaces per dwelling 2 spaces per dwellii 2 spaces per dwellii 2 spaces per dwellii 1 additional space 2 spaces per dwellii 2 spaces per dwellii 2 spaces per dwelling (can be converted for permanent dwelling) 2 spaces per 1 bedroom unit 2.25 spaces per 2 bedroom unit 2.5 spaces per 3 bedroom unit 1 visitor space for every 3 units 2 spaces per 1 bedroom unit 2.25 spaces per 2 bedroom unit 2.5 spaces per 3 bedroom unit 1 visitor space for every 3 bedrooms Civic Use Types Administrative service 3 spaces per 1,000 sq. ft. plus 1 space per vehicle based at facility 211 Adult care center I Assisted living facility I t Cemetery Child care institution .r— Child care center 1 space per 3 residents, plus 1 space each employee on major shift 1 space per 3 residents, plus 1 space each employee on major shift See schedule B 1 space per employee on major shirt, plus I space per 20 children, plus 1 space for each vehicle associated with the facility 1 space per employee on major shirt, plus 1 space per 20 children, plus I space for each vehicle associated with the facility Club I space per 3 persons based on maximum occupancy Community center Correctional facility 1 space per 250 sq. ft. See schedule B Crisis center I 1 space per 2 persons of residential occupancy Cultural service Educational facility, college/university Educational facility, primary! secondary Halfway house 1 space per 300 sq. ft. See schedule B See schedule B, but no less than 1 space per employee on major shift, plus 1 space per 4 students in the 11 th and 12th grades 1 space per 2 persons of residential occupancy Life care facility 1 space per 3 residents, plus I space each employee on major shift Nursing home Park and ride facility Post office Public sports/event facility iPublic maintenance and service facility Public park and recreational area Public safety service 1 space per 3 residents, plus 1 space each employee on major shift No requirement See schedule A 7-1 space per 4 seats or similar accommodations provided See schedule A See schedule B 3 spaces per vehicle based at facility Religious assembly I 1 space per 4 seats in principle place of worship Rehabilitation service 1 space per 3 residents, plus 1 space each employee on major shift Utility service, major 212 See schedule B r - I Utility service, minor I Financial institution No requirement Office Use Types 1 space per 300 sq. ft., plus required stacking spaces General office I 1 space per 250 sq. ft. Laboratory 1 space per 1.5 employees on major shift, plus 1 per company vehicle Medical office 7 spaces per practitioner, or 1 space per 200 sq. ft., whichever is greater Commercial Use Types Adult entertainment 1 space per 200 sq. ft. establishment Agricultural service See schedule A Antique shop 1 space per 400 sq. ft. i�Bed and breakfast Boarding house Business support service Business or trade school Campground Car wash Catering 1 space per guest room, plus 2 spaces for owner's unit 1 space per sleeping room 1 space per 250 sq. ft. See schedule B, but no less than 1 space per 4 students 1 space per campsite, plus spaces required for other uses 1 space per employee on major shift, plus required stacking spaces 1 space per employee on major shift, plus 1 space per 5 persons based on maximum occupancy Commercial indoor 1 space per 3 persons based on maximum amusement occupancy load Commercial indoor 1 space per 4 seats or similar accommodations, plus entertainment I 1 space per 2 employees on major shift Commercial Indoor Sports and Recreation • Bowling alley • Swimming pool E • Tennis and similar court games 3 spaces per alley, plus 1 space per employee on major shift 1 space per 100 sq. ft. of water surface 4 spaces per court 1 space per 3 persons based on maximum • Other indoor sports occupancy, plus 1 space per employee on major shift Commercial Outdoor Entertainment/Sports Recreation 213 • Miniature golf 1.5 spaces per hole • Other outdoor entertainment/sports recreation Commercial outdoor pool and tennis facility I space per 3 persons based on maximum occupancy, plus 1 space per employee on major shift 1 space per 100 sq. ft. of water surface, and/or 4 spaces per court Construction office, No requirement temporary I Construction sales and See schedule A service k contractor office and E storage facility See schedule A Convenience store 1 space per 200 sq. ft. for the first 1,000 sq. ft. plus 1 space for each additional 175 sq. ft. 1 space per 4 seats in main chapel, plus 1 space per Crematorium 2 employees on major shift, plus I space per company vehicle Equipment sales and See schedule A rental Event Center I space per 3 seats or similar accommodation I provided 1 space per 100 sq. ft. of sales area accessible to the � Flea market I public 1 space per 4 seats in main chapel, plus 1 space per Funeral home 2 employees on major shift, plus 1 space per company vehicle I Garden center See schedule A Gasoline station 1 space per employee, plus I space per 200 sq. ft. of ' l building area, plus required stacking space l 50 spaces per 9 holes, plus spaces as required for Golf course other uses Golf driving range 1.2 spaces for each driving tee Hospital I space per 2 beds, plus 1 space per employee on major shift, including doctors Hospital, special care 1 space per 2 beds, plus 1 space per employee on major shift, including doctors Hotellmotellmotor 1 space per guest accommodation, plus 4 spaces per lodge./inn 50 guest rooms, plus spaces as required for other uses Kennel, commercial 1 space per 500 sq. ft. Laundry 1 space per 300 sq. ft. 214 Manufactured home See schedule B sales See schedule B 3 spaces per examination or treatment room, plus 1 Marina Medical clinic Motor vehicleloutdoor space per employee on major shift including doctors See schedule A 1 space per employee on major shift, plus 1 space parts/supply, retail per 5,000 square feet of storage, plus 1 space per 2 Micro -brewery, seats in tasting room, restaurant, retail; other distillery, cidery accessory uses shall provide spaces consistent with service the parking requirements for the same use or a use Personal service deemed appropriate by the Zoning Administrator 1 space for each employee, plus 2 spaces for the Mini warehouse first 100 storage spaces, plus 1 for each additional sales and service 100 storage units or portion thereof See schedule A Motor vehicle dealership/new • With seats Motor vehicle dealershiplused Motor vehiclelrental Motor vehicle repair service, major See schedule A See schedule A 2 spaces per service bay, plus 1 space per employee on major shift Motor vehicle repair 1 space per 200 square feet, plus 2 spaces per service bay, plus 1 space per employee on major service, minor shift See schedule A Motor vehicleloutdoor storage See schedule A Motor vehicle parts/supply, retail Pawn shop 1 space per 300 sq. ft. 1 space per 300 sq. ft. Personal improvement service 1 space per 300 sq. ft. 1 space per 300 sq. ft. Personal service Real estate office, temporary Recreational vehicle sales and service See schedule A Restaurant, drive-in fast food • With seats 1 space per 4 seats, plus 1 space per 4 employees on major shift, plus required stacking space • Without seats 1 space per 60 sq. ft., plus required stacking space 1 space per 4 seats, plus 1 space per 2 employees on Restaurant, general 215 major shift Retail sales w See schedule A Shopping center—F 4.4 spaces per 1,000 sq. ft. Studio, fine arts M See schedule B Tattoo Parlor v 2 spaces per employee on major shift Truck stop See schedule B Y Veterinary hospital/clinic 1 space per 300 sq. ft. Industrial Use Types Abattoir or livestock R See schedule A processing Asphalt plant y See schedule S Brewery, Distillery, See schedule A Cidery Construction yard See schedule A Convenience center Custom manufacturing Industry, Type I Industry, Type II See required stacking spaces �� See schedule A See schedule A See schedule A Industry, Type III See schedule A Landfill, industrial See schedule B Landfill, rubble See schedule B I See schedule B Landfill, sanitary Meat packing Resource extraction Scrap and salvage service f Transfer station--] Warehousing tation^— Warehousing and distribution Alternate discharge sewage Amateur radio tower Aviation facility, commercial j Aviation facility, general 1 space per employee on major shift 1 space per employee on major shift See schedule A See schedule B See schedule A Miscellaneous Use Tvpes No requirement system No requirement 216 See schedule B See schedule B Aviation facility, private See schedule B Communication tower 2 spaces per tower Hunt club See schedule 8 Parking facility, surface/structure Shooting range, outdoor No requirement See schedule 8 Schedule A This schedule sets forth minimum parking requirements for uses with elements having different functions or operating characteristics within a single overall use. Function of Element Requirement Office or administrative activity Indoor sales, display or service area Motor vehicle service bay Outdoor sales, display or service area General equipment servicing or manufacturing Indoor or outdoor storage or warehousing Schedule B 1 space per 300 sq. ft. 1 space per 400 sq. ft. 2 space per service bay 1 space per 2,000 sq. ft. 1 space per 1,000 sq. ft. I space per 5,000 sq. ft. Specific requirements shall be determined by the zoning administrator based on requirements for similar uses, location of the proposed use, expected demand and traffic generated by the proposed use, and appropriate traffic engineering and planning criteria and information. Determinations of requirements may be appealed to the board of zoning appeals. In order to correct an oversight and include construction of handicap ramps built by Christian Outreach, a Resolution to Revise Chapter 2, Article IV; Section 2.02 Fee and Charges of the County Policy Manual was presented for consideration by the Board. Supervisor Acree moved that the following Resolution be adopted which passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion and no Supervisors voting against the motion: RESOLUTION TO AMEND CHAPTER 2: FINANCIAL AND ACCOUNTING, ARTICLE IV, SECTION 2.02 FEES AND CHARGES OF THE COUNTY POLICY MANUAL 217 WHEREAS, the County has established guidelines regarding permit fees and charges under Chapter 2: Financial and Accounting, Article IV, Section 2.02 Fees and Charges of the County Policy Manual; and, WHEREAS, the Board of Supervisors desires to amend Chapter 2: Financial and Accounting, Article IV, Section 2.02 Fees and Charges of the County Policy Manual to establish guidelines for the administrative waiver of certain fees and charges. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Chapter 2: Financial and Accounting, Article IV, Section 2.02 Fees and Charges of the County Policy Manual is hereby amended as follows: Financial Policies (Revised Noven7ber 17, 2016) REVENUES 2.01 Revenue Diversification The County will strive to maintain diversified and stable revenue streams to protect the government from problematic fluctuations in any single revenue source and provide stability to ongoing services. Current revenues are expected to fund current expenditures and a diversified and stable revenue system will be pursued to protect programs. 2.02 Fees and Charges All fees established by the County for licenses, permits, fines, services, applications and other miscellaneous charges shall be set to recover all or a portion of the County's expense in providing the attendant service. These fees shall be reviewed annually with the development of the annual operating budget. Fees and Charges as set forth herein shall be waived for the following projects: Projects performed by county staff on county property, or other County administered projects provided that permit fees are not included in the bid award. Projects funded by the Community Development Block Grant Program, or other County administered grant projects, provided that permit fees are not included in the bid award. 218 - Repair and rehabilitation of properties damaged by natural disasters to include but not necessarily limited to flood, hurricanes, tornadoes or similar occurrences Construction re air and rehabilitation of handicapped accessible i-anips,bi- disabled individuals. NEW BUSINESS Jamie Oliver, Transportation Planner, presented a Resolution to Appropriate Funds, Execute Agreements, and Complete Construction of the Benns Church Intersection Improvement Construction Project for the Board's consideration. Supervisor Jefferson moved that the following Resolution be adopted which passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion and no Supervisors voting against the motion: RESOLUTION TO APPROPRIATE FUNDS, EXECUTE AGREEMENTS, AND COMPLETE CONSTRUCTION OF THE BENNS CHURCH INTERSECTION IMPROVEMENT (UPC 98244) CONSTRUCTION PROJECT WHEREAS, Isle of Wight County, Virginia is a recipient of Virginia Department of Transportation (VDOT) grant funds and private development proffer contributions for construction of the Benns Church Intersection improvement project (UPC 98244); and, WHEREAS, said project is in the final stages of construction and fiscal close-out and has experienced construction cost overruns, which the County is required to front -fund to complete the project; and, WHEREAS, the County has the opportunity to reallocate State project funds to maximize grant funding on the project to offset such overruns. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the Isle of Wight County Board of Supervisors appropriates funds in the amount of three hundred twenty-two thousand three hundred fifteen dollars ($322,315) from the Assigned Capital Projects Fund to the Project Construction account to cover overruns and complete construction and fiscal close out. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia and/or his designee be hereby authorized to make the appropriate accounting adjustments; execute required programmatic and project agreements and/or addendums; solicit necessary professional and construction services, execute necessary change orders, and do all things necessary to give this resolution effect, not to exceed the total approved project budget. 219 Supervisor McCarty moved that staff be directed to explore the possibility of adding a broadband solution to the County's E-911 project which passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion and no Supervisors voting against the motion. Supervisor Acree moved that staff be directed to return to the Board with proposals which would allow chickens in residential areas in the County which passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion and no Supervisors voting against the motion. ADJOURNMENT At 9:45 p.m., the meeting was declared adjourned by Chairman Alphin. Careis St ,`Clerk- 220 Clerk 220