02-16-2017 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 SIXTEENTH DAY OF FEBRUARY, IN THE YEAR
TWO THOUSAND AND SEVENTEEN AT 5:00 P.M.
PRESENT: Rex W. Alphin, Chairman
William M. McCarty, Vice -Chairman
Rudolph Jefferson
Joel C. Acree
Richard L. Grice
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
At 5:00 p.m., the meeting was called to order by Chairman Alphin.
APPROVAL OF AGENDA
Approved by motion of Supervisor McCarty with the following amendments:
Under New Business, add discussion regarding the new health clinic in the
Airway Shopping Center and under the County Administrator's report,
remove Item (D), Nike Park Trail status, which passed unanimously (5-0)
with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in
favor of the motion and no Supervisors voting against the motion.
CLOSED MEETING
County Attorney Popovich requested a closed meeting pursuant to Section
2.2-3711(A)(1) of the Code of Virginia concerning a discussion regarding the
appointment of specific appointees to County boards, committees or
authorities; pursuant to Section 2.2-3711(A)(1) regarding a discussion
concerning the performance of a specific County employee; pursuant to 2.2-
3711(A)(7) regarding consultation with legal counsel regarding actual
litigation with International Paper where such consultation would adversely
affect the negotiating or litigation posture of this public body; and, Section
2.2-3711(A)(5) concerning a discussion regarding the expansion of an
existing business where no previous announcement has been made of the
business' interest in expanding its facilities in the community.
Supervisor McCarty moved that the Board enter the closed meeting for the
reasons stated by County Attorney Popovich. The motion was adopted by a
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vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Acree moved that the Board return to open meeting. The motion
was adopted by a vote of (5-0) with Supervisors Acree, Alphin, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor McCarty moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on this
date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Acree, Alphin, Grice, Jefferson and McCarty
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
INVOCATION/PLEDGE OF ALLEGIANCE
Supervisor Grice delivered the invocation and led the Pledge of Allegiance to
the American Flag.
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CITIZENS' COMMENTS
Mark Whaley, Carrsville District, expressed opposition to the opening of a
new health clinic in the Airway Shopping Center in the southern end of the
County because of the distribution of methadone.
Rick Gillerlain, Newport District, spoke in opposition to any tax increase and
inquired about County's fiscal health.
William Faulkner, Days Point Road, commented on the importance of the
right business at the right location; that the Board listen to all people; and,
that citizens be guided through County processes.
Responsive to Mr. Whaley's above comments, County Administrator Keaton
advised that the Airway Shopping Center property is zoned commercial and
permits that type of use.
The Board expressed interest in knowing the relationship other similar
facilities have with their surrounding communities and government, as well
as any ill effects caused by these types of facilities. County Administrator
Keaton was requested to solicit as much information as can be obtained
relative to the operation of existing facilities.
Regarding comments of Mr. Gillerlain, Supervisor McCarty advised that the
Board has not had an official conversation on a future tax rate increase.
CONSENT AGENDA
The following Consent Agenda was approved upon motion of Supervisor
Jefferson which passed unanimously (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion:
A. Resolution to Adopt the 2017 Hampton Roads Hazard Mitigation
Plan Update
B. Resolution to Accept and Appropriate Insurance Proceeds from
VaCorp Risk Management for Repairs to Sheriff's Department Vehicle
($1,048)
C. January 5, 2017 Organizational and Work Session Minutes and January
19, 2017 Regular Meeting Minutes
REGIONAL AND INTER -GOVERNMENTAL REPORTS
Supervisor Grice briefed the Board regarding items of discussion at the most
recent meetings of the Commission on Aging and Water & Sewer Task Force
meetings.
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APPOINTMENTS
Supervisor McCarty moved that Edward Hulick be appointed to the Planning
Commission representing the Newport District which passed unanimously
(5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Jefferson moved that David Tucker be appointed to the Water &
Sewer Task Force representing the Hardy District which passed unanimously
(5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in
favor of the motion and no Supervisors voting against the motion.
SPECIAL PRESENTATIONS
Rick Weddle, President and CEO, Hampton Roads Economic Development
Alliance, provided an overview of that organization's new work program.
Supervisor Acree moved that the Board endorse the new Hampton Roads
Economic Development Alliance work program which passed unanimously
(5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in
favor of the motion and no Supervisors voting against the motion.
Danny Byrum, Isle of Wight Fair Committee Chairman, reported on awards
received by the County in conjunction with its 2016 Isle of Wight County
Fair at the 2017 Association of Fairs Conference which included 15' place for
its Billboard, Flyer, Fair Booklet and Website Advertisements; five 2"d place
and three 3' place ribbons; and, Best in Show for its 2016 website. In
addition, the Fair also won a 2nd place for its Fair Radio Advertisement and
3rd place for Unique Advertising Specialties/Merchandise/Souvenirs
Category at the International Association of Fairs Conference in December
2016.
Dr. Jim Thornton, Superintendent, Isle of Wight County Schools, addressed
capital projects within the school division and a funding strategy for the
replacement of chillers at the Windsor and Carrsville Elementary Schools
which are currently underway. He advised that there are not sufficient funds
in the School's Maintenance Operating Budget now should the entire
sprinkler system at the Carrollton Elementary School need to be replaced.
The Superintendent was requested to explain why the sprinkler system at the
Carrollton Elementary School has not been repaired/replaced as funds had
been appropriated by the Board in May of 2015 for its repair/replacement.
Dr. Thornton advised that he was unaware of that appropriation, advising that
he was not the Superintendent at that time. He further advised that when he
had become aware of such an appropriation, other priorities had been
addressed with the knowledge that the system is working.
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Dr. Thornton addressed the school's maintenance plan suggesting that a
portion of the funds to be returned to the County by the Schools in June 2017
from its Operation Fund be placed in an emergency fund.
Mrs. Heather Tuck, Assistant Superintendent, reviewed the School's
proposed education plan for the Smithfield and Windsor High Schools for a
career building; football field house, collaboration/recording studio, media
center renovation, exercise/fitness room and cafeteria remodel for Smithfield
High School and a farm/barn, greenhouse, construction lab/athletic storage,
outdoor science classroom, addition plaza/art courtyard, student outdoor
dining area, cafeteria renovation, drama room renovation and media center
renovation at Windsor High School. Mr. Mike Lombardo, Executive Director
of Innovative Learning, briefed the Board relative to programs and courses
associated with the School's proposed educational plan.
Dr. Thornton presented a plan to fund the proposed educational plan and
associated programs and courses which involved the County incurring
$10,000,000 in debt of which $750,000 previously allocated to the School
system for P.D. Pruden would be repaid by the Schools annually for the next
20 years to pay down the bond debt. He advised that Smithfield Foods
notified the school system in December 2016 that they are willing to donate
$3,000,000 over a three-year period for the JROTC field house, the
makerspace and the multi -use pavilion at Smithfield High School.
County Attorney Popovich suggested that the School Board and Board of
Supervisors could enter a Memorandum of Understanding stipulating that the
funds currently being allocated to P.D. Pruden be utilized to pay down the
County's bond debt.
The consensus of the Board was to continue its discussion with the School
Board at the Board's March 2, 2017 work session or some other future Board
work session that members of the School Board can attend.
COUNTY ATTORNEY'S REPORT
Following a review by County Attorney Popovich of the revised Planning
Commission By -Laws that Planning Commission members now be required
to attend training for their position on the Planning Commission, Supervisor
McCarty moved that the Planning Commission By -Laws as revised be
adopted and that the Chairman be authorized to execute the By -Laws on
behalf of the Board which passed unanimously (5-0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
PUBLIC HEARINGS
A. Application of Gary Burke, owner, for a Conditional Use Permit (CUP)
on 5 acres, located at 19271 Muddy Cross Drive, parcel number 32-01-
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079B1, in the Windsor Election District for a Contractor Office/Storage
facility on a parcel currently zoned Rural Agricultural Conservation
(RAC)
Trenton Blowe, Planner, provided background information on the
application.
Chairman Alphin opened the public hearing and called for persons to speak
in favor of or in opposition to the proposed Conditional Use Permit.
Gary Burke, applicant, provided the reasons for the need of the Conditional
Use Permit.
Chairman Alphin closed the public hearing.
Supervisor Acree moved that the Conditional Use Permit be approved with
the following conditions: 1.) Any materials to be stored on site are to be
stored indoors or in a storage yard screened from view; 2.) that the applicant
be limited to a maximum of 15 vehicles to be stored on the property; and, 3.)
that the CUP be conditioned specific to the owner, Gary Burke and the CUP
shall expire upon change of ownership of the property or if the business no
longer exists which passed unanimously (5-0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
B. Ordinance to Amend and Reenact the Following Sections of the Isle of
Wight County Code, Appendix B, Zoning: Article V, Supplementary
Use Regulations; Section 5-5002, Supplementary Use Regulations for
Residential Use Types in Order to Revise the Requirements for Home
Occupations
Richard Rudnicki, Assistant Director of Planning & Zoning, provided an
overview of the proposed amendment.
Chairman Alphin opened the public hearing and called for persons to speak
in favor of or in opposition to the proposed ordinance amendment.
No one appeared and spoke and Chairman Alphin closed the public hearing.
Supervisor McCarty moved that the following be adopted which passed
unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson 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 V, Supplementary Use
Regulations; Section 5-5002, Supplementary Use Regulations for Residential
Use Types; in Order to Revise the Requirements for Home Occupations
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WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has
the legislative authority to make reasonable changes to the ordinances that
govern the orderly growth and development of Isle of Wight County; and
WHEREAS, the Isle of Wight County Board of Supervisors is also
concerned about the compatibility of uses on public and private lands within
Isle of Wight County and seeks to allow flexibility in the administration of
the ordinance regulations while protecting the health, safety, and general
welfare of present and future residents and businesses of the County.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning: Article V, Supplementary
use regulations; Section 5-5002, Supplementary use regulations for
residential use types of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 5-5002. - Supplementary use regulations for residential use types.
A. Accessory apartment...... It is the specific purpose and intent to allow
accessory apartments through conversion of existing larger residential
structures and in the construction of new structures. Such uses are to provide
the opportunity and encouragement to meet the special housing needs of
single persons and couples of low- and moderate -income, both young and
old, as well as relatives of families residing in the county.
It is furthermore the intent and purpose of accessory apartments to allow the
more efficient use of the county's existing housing stock, in a manner
consistent with the land use objectives identified in the comprehensive plan
and to provide alternative housing opportunities while protecting and
preserving property values and community character. To help achieve these
goals and purposes, the following standards are set forth as conditions for
such accessory uses:
1. Residential accessory apartment...... Where allowed as a permitted or a
conditional use in the underlying zoning district, the following shall apply:
a. 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.
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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.
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 Iocated 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 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.
a. Tot lots developed separately from other recreational areas may be
exempt from landscaping requirements.
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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 least 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:
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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.
I. 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.
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
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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 Ietter of confirmation from
the zoning administrator:
• Art, handicraft, music, writing, photography, or similar studios
• Computer and home typing services
• Direct sales product distribution as long as products are directly delivered to
the customer
• Dressmaker, seamstress, tailor
• Babysitting (up to five (5) children)
• Hair cutting and styling
• Home typing or computer services
• Mail-order sales for delivery directly to the customer
• Non -principal offices of physician, dentist, veterinarian, insurance agent,
real estate or similar profession
• Offices of accountant, architect, engineer, surveyor, land planner, soil
scientist, lawyer, income tax preparer, minister, priest, rabbi, member of a
religious order, psychotherapist, counselor, management consultant or similar
professional
• Preparation of food for off -premises catering
• Telephone sales and order -taking
• Tutor
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
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• 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.I.9
• Heating, plumbing, or air conditioning services
• Landscape and horticultural services
• Personal transportation services, including but not limited to, limousine
service, taxi service, and medical transportation services
• Machine shop/metal working provided all is completed in a completely
enclosed building
• Massage, physical therapy
• Motor vehicle display for purposes of sale of up to four (4) vehicles per
year (no more than one (1) vehicle may be displayed at any time)
• Repair of small appliances, small engines and limited machining of small
parts, office machines, cameras, and similar small items
• Repair or servicing of small internal combustion engines used in lawn
mowers, edgers, hedge trimmers, power saws and similar yard maintenance
equipment inside enclosed structure
• Retail sales of agricultural, craft and woodworking products principally
produced on-site
• Taxidermy (See supplementary use regulations section 5-5005.AA)
• Telephone answering service
• Veterinary services
• `1Vaterman'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 attempts
to predict the future or any other person who attempts to predict the future
• Tattoo parlors
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6. General requirements for all home occupations. ..... All home
occupations shall follow the requirements set forth in sections 7 through 10
below. However, should a home occupation exceed the requirements of said
sections they shall be permitted to apply for a conditional use permit from the
Board of Supervisors pursuant to section 1-1017.
7. 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 the requirements set forth in the Isle of Wight
County Noise Ordinance. In the case of electrical interference, no equipment
or process shall be used which creates visual or audible interference in any
radio or television receivers off the premises or through common walls.
j. No activity in conjunction with a home occupation shall be conducted
that adversely impacts or disturbs adjoining property owners.
k. Signs are permitted in accordance with article IX of this ordinance.
Only one (1) sign shall be permitted regardless of the number of home
occupations, and must be setback ten (10) feet from the road as measured
from the front property line.
1. All state, federal and local Iicenses andior permits shall be obtained
prior to operation.
8. Specific standards for Type I home occupations.
a. Home occupations shall be confined to the primary dwelling.
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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.
9. 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.
10. 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 ownerioperator,
should a new ownev: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.
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J. Kennel, private...... A private kennel shall be located fifty (50) feet
from any property zoned other than RAC or RR.
K. Manufactured home, Class A...... A manufactured home, Class A may
be permanently located on a lot or parcel as permitted by the underlying
district, except in planned development manufactured home parks.
For the purposes of this section, the following shall apply:
1. The manufactured home is the only residential structure located on the
lot or parcel;
2. The manufactured home has a width of nineteen (19) or more feet;
3. The pitch of the home's roof has a minimum vertical rise of one (1) foot
for each five (5) feet of horizontal run, and the roof is finished with a type of
shingle that is commonly used in standard residential construction;
4. The exterior siding consists of materials comparable in composition,
appearance, and usability to the exterior siding commonly used in standard
residential construction;
5. The manufactured home is constructed on a permanent footing that
meets the requirements of the building code. The foundation wall shall be a
continuous, masonry foundation, unpierced except for required ventilation
and access and shall be installed prior to occupancy; and
6. The tongue, axles, transporting lights, and towing apparatus are
removed after placement on the lot and before occupancy.
L. Manufactured home, Class B.
1. A manufactured home, Class B may be permanently located on a lot or
parcel as permitted by the underlying zoning district, except in planned
development manufactured home parks.
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 Iot 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.
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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
17
exceeding ninety (90) days may be granted by the zoning administrator if it is
determined that such additional time is required to reasonably complete the
construction, repair or renovation of the replacement residence.
3. All temporary manufactured homes must be removed at least thirty (30)
days after a final certificate of occupancy has been issued.
4. Only one (1) temporary manufactured home is allowed per parcel.
O. Multifamily dwelling.
1. Districts permitted. ..... Multifamily apartments are permitted as
indicated in the zoning district regulations. The following standards for such
apartment uses are intended to supplement, and in some cases, supersede
those outlined in the schedule of zone regulations district regulations.
2. Density controls for multifamily apartment development.
a. Lot area and dimensions.
i. Minimum lot area:..... Fifteen thousand (15,000) square feet. (Note:
Multifamily dwellings located on less than three (3) contiguous acres shall
obtain a conditional use permit.)
ii. Minimum frontage:..... One hundred (100) feet in continuous frontage.
iii. Minimum lot depth:..... One hundred (100) feet.
iv. Minimum setbacks:
Front: Thirty (30) feet.
Side: Fifteen (15) feet.
Rear: Twenty (20) feet.
3. Buffers and special setback requirements.
a. All structures, including accessory structures, shall be located a
minimum of seventy (70) feet from the right-of-way of an existing street
which abuts or borders the development. An additional twenty -foot setback
from existing arterial streets shall be required for any structure which exceeds
two (2) stories.
b. Building setbacks for lots adjacent to single-family residential districts
or property used for single-family dwellings shall be at least fifty (50) feet.
No active recreational areas, parking, or refuse containers should be located
within this setback area.
C. Whenever the principal entrance to a multifamily structure, or the
entrance to the individual dwelling units therein, faces on and opens directly
onto the side or rear yard portion of a building, the yard width shall not be
less than the front yard requirement. No parking shall be permitted within the
side or rear yard space required under this provision.
d. The rear yard setback may be reduced to twenty (20) feet from service
drives, driveway aisles, parking areas, and alleys.
e. The minimum distance between multifamily structures shall be fifty
(50) feet.
4. Maximum density:..... Fourteen (14) dwelling units per acre.
5. Building coverage:..... The maximum lot coverage for principal and
accessory buildings shall be forty (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.
S. [Private streets:] ..... Private streets shall meet the design, material and
construction standards established by the Virginia Department of
Transportation. A maintenance plan shall be prepared and submitted as part
of the site development plan approval process.
9. [Parking standards.] ..... Parking standards and aisle widths shall be
accordance with article X of this ordinance.
10. Landscaping: ..... For the purpose of landscaping, multifamily
dwellings shall be treated as a commercial use type and required to submit a
landscaping plan meeting all of the guidelines and specifications of article
VIII pertaining to such use types.
11. [Lighting:] ..... Lighting shall be installed in accordance with article XI
(outdoor lighting requirements and restrictions) and shall be arranged to
shine inward so that it does not reflect onto adjacent properties or impair the
safe movement of traffic.
12. Site plan approval:..... Site plans shall be required for all multifamily
developments in accordance with the provisions of this ordinance.
13. Management of common and open spaces in multifamily and
condominium developments:
a. All common and open spaces shall be preserved for their intended
purpose as expressed on the approved site plan.
b. A management structure consisting of a nonprofit association,
corporation, trust, or foundation for all owners of residential property within
the development shall be established to insure the maintenance of open space
and other facilities.
C. The management structure shall be established prior to the sale of any
property.
d. Membership in the management structure shall be mandatory for all
residential property owners, present or future, within the development.
e. The management structure shall manage all common and open spaces,
recreational and cultural facilities, and private streets, and shall provide for
the maintenance, administration and operation of said land and
improvements, and secure adequate liability insurance on the land.
f. The management structure and organization shall comply with the
Condominium Act, Code of Virginia (1950), as amended.
14. Architectural treatment: ..... The following architectural treatments
shall be incorporated into all multifamily developments:
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a. Developments shall possess architectural variety but enhance an overall
cohesive residential character. This character shall be achieved through the
creative use of design elements such as balconies and or/terraces, articulation
of doors and windows, varied sculptural or textural relief of facades, and
architectural ornaments, varied rooflines or other appurtenances such as
lighting fixtures and/or plantings, and where applicable varied placement of
front entryways.
b. Pedestrian pathways shall be used to link all buildings, greenspaces,
and recreational areas within the development. Buildings shall be linked to
sidewalks and to each other as appropriate. These walkways shall be
landscaped and lighted.
C. Open space areas shall be considered an organizing element of the site
plan. Courtyards or greens shall be utilized within the development. In such
instances, residential buildings shall front on these open spaces.
P. Temporary emergency housing.
1. Intent: These regulations are adopted in recognition that temporary
emergency housing options may be necessitated by fire, flood, or other
unforeseen and sudden acts of nature.
2. Temporary emergency housing, used under a declared disaster:
a. Temporary emergency housing may be placed on property when a
disaster has been declared by the board of supervisors, the Governor of the
Commonwealth of Virginia, or the President of the United States in
accordance with applicable state and federal law.
b. A zoning permit shall be obtained before temporary emergency
housing can be placed on the property.
C. All zoning requirements, including setback requirements, may be
waived as determined to be necessary by the zoning administrator.
d. The period for temporary placement of such structures shall be no more
than twelve (12) months, unless an extension is specifically authorized by the
board of supervisors for an additional period of time to be set by the board.
e. No action under these provisions shall authorize permanent
improvements or establishing a use in violation of this ordinance or any other
law.
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.
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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:
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
21
structure. The maximum length of any townhouse structure shall not exceed
two hundred (200) feet.
b. Setback between buildings...... The minimum distance between any
two (2) unattached townhouse structures shall be forty (40) feet. The setback
shall be increased to sixty (60) feet if the townhouse structures are face to
face. The point of measurement shall be the exterior walls of the structures
and does not include balconies or other architectural features. In the event
that the structures are contained within a townhouse cluster, the above
distances may be reduced to twenty-five (25) feet and forty (40) feet,
respectively.
C. Distance to service areas...... No townhouse structure shall be closer
than twenty (20) feet to any interior driveway or closer than fifteen (15) feet
to any off-street parking area excluding a garage or parking space intended to
serve an individual townhouse unit.
7. [Minimum livable area:] ..... Individual townhouse units shall contain
at least nine hundred (900) square feet of livable floor area, exclusive of
garages, carports, basements, attics, open porches, patios, or breezeways.
8. Requirements for townhouse cluster:
a. All lots within a townhouse cluster shall front on a public way. A
public way intended for pedestrian circulation shall have a minimum width of
five (5) feet.
b. All public ways or other common facilities within a townhouse cluster
shall be maintained by the property owners within the townhouse cluster.
9. Utilities—Water and sewage systems:
a. Townhouses shall be provided with central water and public sewerage
systems constructed in accordance with standards and specifications for such
systems and be approved by all appropriate agencies including the Isle of
Wight County Department of Public Utilities and the Hampton Roads
Sanitation District.
b. All utilities shall be located underground.
10. [Private streets:] ..... Private streets shall meet the design, material and
construction standards established by the Virginia Department of
Transportation. A maintenance plan shall be prepared and submitted as part
of the site development plan approval process.
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.
22
16. Management of common and open spaces in townhouses and
condominium developments:
a. All common and open spaces shall be preserved for their intended
purpose as expressed on the site plan.
b. A management structure consisting of a nonprofit association,
corporation, trust, or foundation for all owners of residential property within
the development shall be established to insure the maintenance of open space
and other facilities.
C. The management structure shall be established prior to the sale of any
property.
d. Membership in the management structure shall be mandatory for all
residential property owners, present or future, within the development.
e. The management structure shall manage all common and open spaces,
recreational and cultural facilities, and private streets, and shall provide for
the maintenance, administration and operation of said land and
improvements, and secure adequate liability insurance on the land.
£ 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.
COUNTY ADMINISTRATOR'S REPORT
Teresa Morgan, Interim Director of Budget & Finance, provided an overview
of the County's 2nd Quarter Financial Report.
Donald T. Robertson, Assistant County Administrator, briefed the Board
regarding legislation important to the County during the 2017 General
Assembly Session.
Mary Beth Johnson, Director of Human Resources, briefed the Board
regarding needed amendments to Chapter 1: Personnel, Article XV, Section
15.8 of the County Policy Manual.
Supervisor Jefferson moved that the following Resolution be adopted which
passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson
and McCarty voting in favor of the motion and no Supervisors voting against
the motion:
RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE XV,
SECTION 15.8 OF THE COUNTY POLICY MANUAL
WHEREAS, the County has established guidelines for provisions of
employee health and safety regarding hazard communication and chemical
safety as part of Chapter 1: Personnel, Article XV, Section 15.8 of the
County Policy Manual; and
WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel,
Article XV, Section 15.8 of the County Policy Manual to incorporate current
titling of departments and to remove the master chemical inventory, which is
a dynamic document requiring frequent changes, from the County policy and
house it within the written program; and
NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article
XV, Section 15.8 of the County Policy Manual is hereby amended and
adopted as follows:
Article XV
EMPLOYEE SAFETY PROGRAM
(Revised September 17, 2015, Revised Februafy 16, 2017)
Section 15.8
Hazard Communication & Chemical Safety Program
Purpose
To ensure that the hazards of all chemicals produced or imported are
evaluated, and that information concerning their hazard is transmitted to
employees.
24
Policy
This written program has been established for Isle of Wight County to
comply with the Hazard Communication Standard, 29 CFR 1910.1200. All
departments and divisions of the County are included within this program.
Copies of this written program will be available for review by any employee
in the following locations:
• On the Central network drive, in the Policies Folder
• Human Resources Department
• In Safety Data Sheet Binders
Responsibilities
A. The Risk Management Coordinator Shall:
1. Develop and maintain the Hazard Communication program
2. Act as a resource for implementation of the program
3. Conduct or coordinate awareness level new employee training for the
program
4. Ensure Safety Data Sheet (SDS) files are acquired by departments
5. Inspect the program at least annually
B. Department/Agency Heads shall:
1. Ensure departmental compliance with the Hazard Communication
program
2. Implement corrective action as required to ensure compliance
3. Review and accept Hazardous Chemical listings for their department.
4. Ensure SDS's are acquired for all chemicals within their department.
5. Ensure outside personnel are notified of the program.
6. Ensure the development of procedures for non -routine tasks.
C. Supervisors shall:
1. Ensure employees are informed of the workplace Hazard
Communication program.
2. Determine affected employees and ensure job specific training is
provided.
3. Assist the Department/Agency Head with the implementation of
corrective actions as required to ensure compliance.
4. Develop procedures for non -routine tasks.
5. Conduct annual self -inspections to ensure compliance with this policy.
D. Employees shall:
1. Comply with the elements of the policy and program.
2. Seek additional training as necessary to ensure awareness.
3. Wear PPE required when using hazardous chemicals.
4. Advise management of program deficiencies.
5. Assist as necessary with self inspections.
5
To avoid injury and/or property damage, persons who handle chemicals in
any area of the County must understand the hazardous properties of the
chemicals. Before using a specific chemical, safe handling methods and
health hazards must always be reviewed.
The basic components of this program include:
• Hazardous Chemical Inventory List - listed alphabetically
• Safety Data Sheets
• Labels and Other Forms of Warning
• Employee Information and Training
• Non -Routine Tasks
• On-site Contractors
• General Chemical Safety
• Program Review
Hazardous Chemical Invento List
A list of all known hazardous chemicals (products) used by Isle of Wight
County employees is under contained in Appendix A of this written program
is maintained by the Risk Management Coordinator in the Master Hazardous
Chemical Inventory on the Central computer network.
A list of hazardous chemicals used by each department is kept with
corresponding safety data sheets in Human Resources, E911, Emergency
Services, General Services, Public Works, Utility Services and Parks and
Recreation.
Hazard Determination
All hazardous chemicals in the County are purchased materials; there are no
manufactured or intermediate hazardous chemicals. Therefore, Isle of Wight
County shall rely on the hazard determination made by the chemical
manufacturer as indicated on the SDS.
Safety Data Sheets SDS
If chemicals not listed in Appendix A the Master Hazardous Chemical
Inventory are ordered or purchased, the department making the purchase
shall be responsible to obtain the manufacturer's corresponding, properly
formatted, safety data sheets and forward them to the Risk Management
Coordinator for inclusion in the Master SDS file.
The Risk Management Coordinator will review the SDS's for completeness
and proper format. Should any SDS be incomplete, the department which
made the purchase will immediately send correspondence to the manufacturer
requesting the proper information.
26
A complete Master file of SDSs for all hazardous chemicals to which
employees of the County may be exposed will be kept in labeled binders in
Human Resources, E911, Emergency Services, General Services, Public
Works, Utility Services and Parks and Recreation.
Departments who use chemicals are responsible to maintain SDSs for all
hazardous chemicals used by their departments, in labeled binders.
Departmental SDS Binders must be kept in the main office area of the
respective department, at each location where their employees report to work
and at any other location necessary to make them readily accessible to
employees within their work areas during each work shift. SDSs will be
available for employees during each work shift. Should SDSs be
unavailable, please contact the Risk Management Coordinator immediately.
SDSs will be reviewed annually by the Risk Management Coordinator to
ensure they remain current. Should there be any SDS that has not been
updated within the past year, a new SDS will be requested.
After three documented requests of the manufacturer for a required SDS have
been unsuccessful, the problem will be reported to the nearest Virginia
Occupational Safety and Health (VOSH) office. You can find many SDSs
available on-line.
Labels and Other Forms of Warning
The Hazard Communication Standard requires that hazardous chemicals be
labeled by manufacturers. The label must contain the following:
• Chemical identity;
• Appropriate hazard warnings; and
• Name & address of chemical manufacturer, importer, or other responsible
party
Upon delivery of chemicals, the Department/Agency Head or designee will
ensure that chemicals are labeled properly. Any chemicals without proper
labeling will not be accepted.
When chemicals are transferred from the manufacturer's containers to
secondary containers, the Manager or Supervisor of each department shall
ensure that the containers are labeled with the identity of the chemicals and
appropriate hazard warnings using the Global Harmonized System (GHS)
label (i.e. gas — fire hazard, Round -Up — eye warning).
The labeling procedure will be reviewed annually by the Risk Management
Coordinator and changed as necessary.
Employee Information and Training
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Prior to starting work, new employees of Isle of Wight County will attend a
safety orientation program. The Risk Management Coordinator will be
responsible for organizing and conducting the initial training. This training
will consist of general training covering:
• Location and availability of the written Hazard Communication Program;
• Location and availability of the List of Chemicals used in the workplace;
• Methods and observation used to detect the presence or release of a
hazardous chemical in the workplace;
• Information contained in SDSs for employees to protect themselves;
• Explanation of the chemical labeling system; and
• Location and use of SDS
Job Specific Training
Employees will receive on the job training from their supervisor. This
training will cover the following elements relative to the specific chemicals
they will be using or will be working around in their work area:
1. The specific physical and health hazard of chemicals in the workplace;
2. Specific control measures for protection from physical or health hazards;
3. Proper use and storage of the chemicals in their workplace; and
4. PPE requirements.
Immediate On -the -Spot Training
This training will be conducted by supervisors for any employee that requests
additional information or exhibits a lack of understanding of the safety
requirements.
Following each training session, the employee is required to sign and date the
training record verifying attendance. Before any new employee can begin
work which requires the use of or potential exposure to hazardous chemicals,
training as indicated for new employees must be completed. Additional
training will be provided with the introduction of each new hazard. Records
of the additional training will be maintained.
Non -Routine Tasks
Non -routine tasks are defined as working on, near, or with unlabeled piping,
unlabeled containers of an unknown substance, confined space entry where a
hazardous substance may be present and/or a one-time task using a hazardous
substance differently than intended (example: using a solvent to remove
stains from tile floors).
Steps for Non -Routine Tasks:
Step 1: Hazard Determination
Step 2: Determine Precautions
Step 3: Specific Training & Documentation
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Step 4: Perform Task
The Department Supervisor will evaluate all non -routine tasks before the task
commences to determine all hazards present and the necessary precautions
needed to either remove the hazard, change to a non -hazard, or protect from
the hazard (use of personal protective equipment) to safeguard the employees
present. In addition, the Department Supervisor will provide or obtain
necessary specific safety training for employees present or affected by the
non -routine task and will document the training.
Prior to an employee beginning a hazardous non -routine task, he.. she must
report to the Department Supervisor to determine the hazards involved and
the protective equipment and/or training required.
All outside contractors working inside County Facilities are required to
follow the requirements of their own Hazard Communication Program. The
County will provide the contractors a copy of the Hazard Communication
Program when requested. Contractors are responsible for any chemicals they
bring to the facility and notifying the appropriate staff of the chemical.
General Chemical Safety_
Assume all chemicals are hazardous. The number of hazardous chemicals
and the number of reactions between them is so large that prior knowledge of
all potential hazards cannot be assumed. Use chemicals in as small quantities
as possible to minimize exposure and reduce possible harmful effects. The
following general safety rules shall be observed when working with
chemicals:
• Read and understand the Safety Data Sheets.
• Keep the work area clean and orderly.
• Use the necessary safety equipment.
• Carefully label all secondary containers with the identity of the
contents and appropriate hazard warnings (GHS).
• Store incompatible chemicals in separate areas.
• Substitute less toxic materials whenever possible.
• Limit the volume of volatile or flammable material to the minimum
needed for short operation periods.
• Ensure primary labels are legible and intact.
• Provide means of containing the material if equipment or containers
should break or spill their contents.
Task Evaluation
Each task that requires the use of chemicals should be evaluated to determine
the potential hazards associated with the work. This hazard evaluation must
include the chemical or combination of chemicals that will be used in the
work, as well as other materials that will be used near the work. If a
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malfunction during the operation has the potential to cause serious injury or
property damage, a Safe Operational Procedure (SOP) should be prepared
and followed. Operations must be planned to minimize the generation of
hazardous wastes.
Chemical Storage
The separation of chemicals (solids or liquids) during storage is necessary to
reduce the possibility of unwanted chemical reactions caused by accidental
mixing. Use either distance or barriers (e.g., trays) to isolate chemicals into
the following groups:
• Flammable Liquids: store in approved locations.
• Acids: treat as flammable liquids.
• Bases: do not store bases with acids or any other material.
• Other liquids: ensure other liquids are not incompatible with any other
chemical in the same storage location.
• Lips, strips, or bars are to be installed across the width of storage shelves
to restrain the chemicals in case of earthquake.
Chemicals will not be stored in the same refrigerator used for food storage. If
a refrigerator is used to store chemicals, a label on the door must
appropriately identify refrigerators used for storing chemicals.
Emergencies and Spills
In case of an emergency, implement the following:
• Evacuate people from the area.
• Isolate the area.
• If the material is flammable, turn off ignition and heat sources.
• Only personnel specifically trained in emergency response are permitted
to participate in chemical emergency procedures beyond those required to
evacuate the area.
• Call for emergency assistance if required.
Housekeeping
1. Maintain the smallest possible inventory of chemicals to meet immediate
needs.
2. Periodically review stock of chemicals on hand.
3. Ensure that storage areas, or equipment containing large quantities of
chemicals, are secure from accidental spills.
4. Rinse emptied bottles that contain acids or inflammable solvents before
disposal.
5. Do not place hazardous chemicals in salvage or garbage receptacles.
6. Do not pour chemicals onto the ground.
7. Do not dispose of chemicals through the storm drain system.
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8. Do not dispose of highly toxic, malodorous chemicals down sinks or
sewer drains.
9. Periodically purge old chemicals that are no longer needed.
Program Review
This written Hazard Communication Program will be reviewed by the Risk
Management Coordinator annually and updated as necessary.
Appendix A
ISLE OF WIGHT COUNTY CHEMICAL INVENTORY
Chemicals/products used in this organization:
Acetone
Ammonium Sulfate Regular
Athletic Field Marking Paint Dura Stripe White and Colors
Austin A-1 Bleach
Brite 40:1
Brite RTU Window Cleaner
Butacite
Cleaner & Conditioner
Clorox Regular Bleach
Commercial Solutions Pine Sol Brand Cleaner
Disinfectant Spray
DPD Free Chlorine Reagent
DPD Total Chloring Reagent
Drive 75 DF Herbicide
Embark 2S Plant Growth Regulator
GLY-4
GLY-4 Plus
GOJO Natural Orange Pumice Hand Cleaner
Gordon's MSMA Herbicide
Gordon's Professional Turf and Ornamental Products Trimec Classic Brand
Broadleaf Herbicide
Graffiti -X
Green Hydro Clean
Green Thumb Wasp & Hornet Killer Formula IV
Heinz Pure White Vinegar
Hilcolube
HP Super
Hydrochloric Acid
Isopropyl Alcohol
Klucel G
Lemon Odor Disinfectant Spray
Mathe Magnesium Stearate
Microcrystalline Wax
Mr. Clean All-purpose Cleaner
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Oatey Purple Primer NSF
Oatey Rain -R -Shine PVC Cement
Off FamilyCare Insect Repellent IV Unscented with Aloe Vera
Orange -Sols
Ortho Home Defense Max Perimeter & Indoor Insect Control
ORVIS WA Surfactant Paste
Palaloid B-72 100% Resin
Paper Saver -Bulk
Paper Saver -Spray
Paraloid B-67 100% Resin
Pine Quat 64 Disinfectant
Pramitol 25E
Pre-lim Surface Cleaner
Pro Link Disinfectant Spray
Purell Instant Hand Sanitizer
Quick Dry
Renaissance Wax Polish
San -0 128
Self -Indicating (blue) Silica Gel
SH/CG4 Heavy Duty Motor Oil 15W-40
Silica Gel
Sterile Eyesaline Solution
Stihl Bar & Chain Lubricant
Sun Skeeter Insect Repellant & Sunscreen Towel
Sunscreen Wipes
Tannic Acid
WD -40 Aerosol
Windex Powerized Glass Cleaner (RTU)
XO -Rust Enamel
Tony Wilson, Director of Public Works, provided a status report on County
Welcome Signs on Route 17 and the VDOT staging area at the foot of the
James River Bridge.
Jeff Terwilliger, Chief of Emergency Services, briefed the Board relative to
the 2016 Department of Emergency Services Annual Report with respect to
performance and activities of the County's fire and EMS system, advising
that fire/EMS crews responded to more than 5,000 emergency calls for
service.
Judy Winslow, Director of Tourism, briefed the Board relative to the 2016
Annual Report for Smithfield/Isle of Wight Convention and Visitors Bureau.
County Administrator Keaton highlighted matters for the Board's
information contained in the agenda.
3?
UNFINISHEDIOLD BUSINESS
Application of Preston and Valerie Artis, owners, for conditional zoning of
0.25 acres of land, part of a 12.6 acre parcel located at 18442 Muddy Cross
Drive in the Windsor Election District to change the zoning classification
from Rural Agricultural Conservation to Conditional Limited Commercial
(C -LC) and amend the permitted uses on the property.
Richard Rudnicki, Assistant Director of Planning and Zoning, relayed staff's
recommendation and Supervisor McCarty moved that the application be
returned to the Planning Commission with direction to the applicant to revise
the application to a Conditional Use Permit and pay any difference in fees
and that any code enforcement be withheld until the completion of the CUP
which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors
voting against the motion.
NEW BUSINESS
Mr. Wilson briefed the Board relative to damage incurred to a septic system
during a dumpster delivery by Bay Disposal.
CLOSED MEETING
County Attorney Popovich requested a closed meeting pursuant to Section
2.2-3711 (A)(1) of the Code of Virginia concerning discussion regarding the
performance of a specific County employee.
Supervisor McCarty moved that the Board enter the closed meeting for the
reasons stated by County Attorney Popovich which passed unanimously (5-0)
with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Jefferson moved that the Board return to open meeting. which
passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson
and McCarty voting in favor of the motion and no Supervisors voting against
the motion.
Supervisor Acree moved that the 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,
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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
ADJOURNMENT
At 10:50 p.m., the meeting was adjourned by the Chairman.
A4M q�f �� 122 a2Z_
Car y Mi s St", Clerk
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Rex W. Alphin, Chairman