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07-19-2018 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE ON THURSDAY, THE NINETEENTH DAY OF JULY IN THE YEAR TWO THOUSAND AND EIGHTEEN PRESENT: Rudolph Jefferson, Chairman, Hardy District William M. McCarty, Vice -Chairman, Newport District Don G. Rosie, Il, Carrsville District Richard L. Grice, Smithfield District ABSENT Joel C. Acree, Windsor District ALSO IN ATTENDANCE: Mark C. Popovich, County Attorney Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Carey M. Storm, Clerk CALL TO ORDER Chairman Jefferson called the regular Board of Supervisors' meeting to order at 5:00 p.m. and welcomed all present. APPROVAL OF AGENDA/AMENDMENTS Supervisor McCarty moved that the agenda be adopted as presented. The motion was adopted unanimously (4-0) with Supervisor Acree absent from the meeting. CLOSED MEETING The following matters were identified for discussion in closed meeting by County Attorney Popovich: Pursuant to Section 2.2-3711(A)(8) of the Code of Virginia regarding consultation with legal counsel requiring the provision of legal advice related to the status of obtaining an ingress/egress easement on Great Springs Road on County -owned property and pursuant to Section 2.2-3711(A)(1) concerning a discussion regarding the appointment of specific appointees to County boards, committees or authorities. Upon motion of Supervisor McCarty and all voting in favor (4-0) with Supervisor Acree absent from the meeting, the Board entered the closed meeting for the reasons stated by County Attorney Popovich. Upon motion of Supervisor McCarty and all voting in favor (4-0) with Supervisor Acree absent from the meeting, the Board reconvened into open meeting. County Attorney Popovich reminded the Board that in accordance with Section 2- 10(G) of the Board's Rules & Procedure, all those who participated in the closed meeting are reminded that all matters discussed in closed meeting are to remain confidential, as provided under the Virginia Freedom of Information Act, and that such matters as were discussed in closed meeting should not be acted upon or discussed in public by any participant unless and until a public, formal action of the Board of Supervisors is taken on that particular subject matter. Upon motion of Supervisor McCarty, the following Resolution was 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: Rosie, Grice, Jefferson and McCarty NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: Acree INVOCATION/PLEDGE OF ALLEGIANCE Reverend James Jones delivered the invocation, followed by the conduction of the Pledge of Allegiance to the American flag. CITIZENS' COMMENTS Albert Burckard of the Newport District addressed the Board regarding the proposed height of the bike trail bridge over Jones Creek. He further expressed concern with the recent removal of mature trees by VDOT along Route 10. He requested the status of the historic district designation for the Courthouse Complex and the missile site at Nike Park and requested a review by the Isle of Wight Historical Society. He advised the Board that a trailer remains on certain property previously rezoned for a residential structure and that the owner has stated that he has no intention of hooking up to water and sewer. Jamie Oliver, Transportation Planner, reported on engineering issues requiring that the bridge over Jones Creek be constructed at a higher level than the roadway. Supervisor McCarty and County Administrator Keaton offered to follow up with the property owner and the Department of Planning & Zoning regarding the status of the trailer being replaced with a residential structure. County Administrator Keaton reported on the County's historical designation. Fred Mitchell of Sugar Hili Road expressed concern with the potential for wildfires occurring on the Blackwater property if that property is open to use by the public. Ed Easter of Hideaway Lane spoke in favor of the County leasing the Blackwater River property to the Department of Game & Inland Fisheries. Kurt Lyle of the Carrsville District recommended that the County charge a permit fee for interested parties wishing to use the Blackwater River property. Rick Snyder of Carrollton requested a "No Wake" sign on his property at Jones Creek. CONSENTAGENDA Supervisor Grice moved that the following Consent Agenda be adopted as presented which was adopted unanimously (4-0) with Supervisor Acree absent from the meeting: A. Resolution to Appropriate Funds in the Amount of $54,000 from the FY2018 General Fund Assigned Fund Balance and Increase the FY2019 Operating Budget for the General Fund by $54,000 B. Resolution to Appropriate $79,837 in Federal Funds from the Virginia Department of Social Services for Medicaid Related Expansion C. Resolution to Appropriate Funds in the Amount of $247,360 from the FY2017 General Fund Assigned Fund Balance to the FY2019 Capital Budget for School -related Projects REGIONAL AND INTER -GOVERNMENTAL REPORTS County Administrator Keaton reported that the Hampton Roads Transportation Planning Organization recently adopted a resolution in support of the Smart Scale applications. County Administrator Keaton further reported that the Southeastern Public Service Authority is currently in a negotiation phase with Wheelabrator and that a final decision is anticipated in September. APPOINTMENTS Supervisor McCarty moved to reappoint Lanelle Johnson to serve as the At -Large member on the Commission on Aging. The motion was adopted unanimously (4- 0) with Supervisor Acree absent from the meeting. Supervisor Grice moved to reappoint Donald Robertson to the Chamber of Commerce. The motion was adopted unanimously (4-0) with Supervisor Acree absent from the meeting. Supervisor Rosie moved that Tom Alphin be appointed to serve on the Board of Assessors representing the Carrsville District. The motion was adopted unanimously (4-0) with Supervisor Acree absent from the meeting. Chairman Jefferson moved that Otto Williams be appointed to serve on the Board of Assessors representing the Hardy District. The motion was adopted unanimously (4-0) with Supervisor Acree absent from the meeting. SPECIAL PRESENTATIONS Dustin Rhinehart, Director of State and Local Government Affairs, Port of Virginia, provided a briefing on the status of the Ports. To facilitate better traffic flow in the County, Supervisor Grice asked that consideration be given to the hour that barge traffic requires the draw to be open on the James River Bridge. Responsive to Supervisor Grice's suggestion to relocate the inspection station on Route 58, County Administrator Keaton advised that the Hampton Roads Transportation Planning Organization is currently conducting a study on Route 58 responsive requests by Southampton County and the City of Franklin. PUBLIC HEARINGS A. An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 15. Taxation. Article VIII. Tax on Wills and Administration. Section 15-90. Wills and Administration. County Attorney Popovich advised that the provision related to the imposition of a fee for the filing of a list of heirs in the Circuit Court Clerk's Office was inadvertently left out and has been added back into the ordinance. Chairman Jefferson opened the public hearing on the following and invited those in favor or in opposition to speak regarding the proposed revision. No one appeared and spoke and the public hearing was closed. Supervisor Grice moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 15. TAXATION. ARTICLE Vlll. TAX ON WILLS AND ADMINISTRATION. SECTION 15-90. WILLS AND ADMINISTRATION. WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, deems it necessary to revise its local ordinance related to taxation in order to reinstate certain provisions of the tax ordinance which were inadvertently omitted from the last redraft of Chapter 15, Taxation; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 15. Taxation. Article VIII. Tax on Wills and Administration, Section 15-90 be amended and reenacted as follows: Sec. 15-90. - Levy; amount. There is hereby imposed a tax on (i) the probate of every will or grant of administration not exempt by law, in an amount equal to one-third of the amount of the state tax on such probate of a will or grant of administration as provided for in Virginia Code Sections 58.1-1717.1 and 58.1-2712 and (ii) a $25 fee for the recordation of a list of heirs pursuant to Virginia Code Section 64.2-509 or an affidavit pursuant to Virginia Code Section 64.2-510, as provided in Virginia Code Section 58.1-1717.1. The tax imposed by this section shall be collected by the clerk of the circuit court for the county who shall pay the revenues collected into the treasury of the county and shall be entitled to compensation for such service in an amount equal to five percent of the amount collected and remitted. (5-16- 02; Ord. No. 2010-11-C, 7-15-10.) The motion was adopted unanimously (4-0) with Supervisor Acree absent from the meeting. B. Revisions to the Isle of Wight County Zoning Ordinance Amy Ring, Director of Planning & Zoning, identified the proposed changes designed to facilitate staff's daily administration. Chairman Jefferson opened the public hearing and invited those in favor of or in opposition to the proposed revisions to speak. No one appeared to speak in favor of or in opposition to and the public hearing was closed. Supervisor Rosie moved that the following Ordinance be adopted: An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting the Following Articles of Appendix B, Zoning: Article I, General Provisions; Article II, Interpretations and Basic Definitions; Article III, Use Types; Article IV, Zoning Districts and Boundaries; Article V, Supplementary Use Regulations; Article Vl, Overlay Districts; Article VII, General Design Guidelines and Development Review Procedures; and Article VIII, Landscaping and Screening Standards 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 the following Articles of Appendix B, Zoning, of the isle of Wight County Code be amended and reenacted as follows: Article I. General Provisions. Sec. 1-1000. - Title. This ordinance shall be known and may be cited as the Isle of Wight County Zoning Ordinance as adopted by the Isle of Wight County Board of Supervisors on July 7, 2005, effective August 30, 2005. (7-7-05.) Sec. 1-1001. - Authority. A. This ordinance is adopted pursuant to the provisions of Title 15.2, Chapter 22, Article 7, of the Code of Virginia, as amended. B. Whenever any provision of the ordinance refers to or cites a subsection of Title 15.2, Chapter 22, Article 7, of the Code of Virginia and that section is later amended or superseded, the ordinance shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section. (7-7-05.) Sec. 1-1002. - Purpose. The purpose of this ordinance is to implement the Isle of Wight County Comprehensive Plan and promote and protect the health, safety, and general welfare of the present and future residents and businesses of the county by: A. Giving effect to policies and proposals of the Isle of Wight County Comprehensive Plan; B. Dividing the unincorporated area of the county into districts of distinct community character according to the use of land and buildings, the intensity of such use (including bulk and height), and surrounding open space; C. Preserving and enhancing the county's rural and agricultural character and resources; D. Preserving and protecting the county's natural resources and protecting the waters of the Chesapeake Bay and Blackwater River and their tributaries; E. Regulating the location and use of buildings, structures, and land for trade, industry, residences, and other uses; F. Lessening the danger and congestion of traffic on the road and highways; limiting excessive numbers of intersections, driveways, and other friction points; minimizing other hazards; and insuring the continued usefulness of all elements of the existing highway system for their planned function; G. Providing nonvehicular, multipurpose pathways in order to promote the health and safety of our citizens; H. Securing safety from fire, panic, flood, and other dangers; I. Providing adequate light and air, and protecting against the overcrowding of land and undue density of population in relation to the community facilities existing or available; J. Protecting the tax base by facilitating cost-effective development within the county; K. Promoting economy in local government expenditures; L. Protecting the values of property throughout the county; M. Protecting landowners from adverse impacts of adjoining development; N. Providing future land uses with adequate public facilities; 0. Protecting against the destruction of or encroachment upon historical areas. Each purpose listed above serves to balance the interest of the general public of the county and those of individual property owners. (7-7-05.) Sec. 1-1003. -Jurisdiction. This ordinance shall apply to all properties within Isle of Wight County, Virginia, excluding the incorporated towns of Smithfield and Windsor. (7-7-05.) Sec. 1-1004. - Effective date. This ordinance shall become effective on August 30, 2005. (7-7-05.) Sec. 1-1005. - Conflicting ordinances. A. All ordinances and parts of ordinances in conflict with the provisions of this ordinance, except as hereinafter provided, are hereby repealed; provided, however, that the zoning ordinance of the County of Isle of Wight adopted February 6, 1970, as amended, shall not be considered repealed as to any violation thereof existing on the effective date of this ordinance, unless such violation conforms to the provisions of this ordinance. B. Where there are standards imposed in this ordinance, which are more restrictive than other standards contained in this ordinance, the more restrictive standards shall apply. C. Where there is conflict between the ordinance and the tables, the ordinance shall govern. (7-7-05.) Sec. 1-1006. - Severability. Should any section or provision of this ordinance be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so held to be unconstitutional or invalid. (7-7-05.) Sec. 1-1007. - Application of regulations. A. Subject to section 1-1020 of this ordinance (nonconforming situations), no person may use or occupy any land, building, or structure, or authorize or permit the use or occupancy of any land, building, or structure under his or her control except in accordance with all of the applicable provisions of this ordinance. B. For purposes of this section, the "use" or "occupancy" of a building, structure, or land relates to anything and everything that is done to, on, or in that building or land. (7-7-05.) Sec. 1-1008. - Relationship to comprehensive plan. It is the intention of the board of supervisors that this ordinance implement the planning policies and objectives for the county as reflected in the comprehensive plan. While the board of supervisors reaffirms the commitment that this ordinance and any amendment to it be in conformity with adopted plans, the board of supervisors hereby expresses the intent that neither this ordinance nor any amendment to it may be challenged on the basis of any nonconformity with any planning document. (7-7-05.) Sec. 1-1009. - Copies on file. A certified copy of the foregoing Zoning Ordinance of isle of Wight County, Virginia, shall be filed in the Department of Planning and Zoning of Isle of Wight County and in the Office of the Clerk of the Circuit Court of Isle of Wight County, Virginia. (7-7-05.) Sec. 1-1010. - Disclosure. A. The applicant for a special exception, special use permit, amendment to the zoning ordinance or variance shall make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of the stockholders, officers, and directors, and in any case the names and addresses of all the real parties of interest. However, the requirement of listing names of stockholders, officers and directors, shall not apply to a corporation whose stock is traded on a national or local stock exchange or having more than five hundred (500) shareholders. B. Petitions brought by property owners or their agents, (including contract purchasers) shall be sworn to before a notary public or other official before whom oaths may be taken stating whether or not any member of the local planning commission or governing body has any interest in such property, either individually, by ownership or stock in a corporation owning such land, partnership, as the beneficiary or a trust, or the settlor of a revocable trust, or whether a member of the immediate household of any member of the planning commission or governing body has any such interest. (7-7-05.) Sec. 1-1011. - Powers and duties of the zoning administrator. A. The office of zoning administrator is hereby established. The primary responsibility for administering and enforcing this ordinance shall be assigned to the zoning administrator. B. The zoning administrator shall be vested and charged with the following powers and duties: 1. Receive, process, and review complete applications under the provisions of this ordinance for transmittal and recommendation to the planning commission, board of zoning appeals, and board of supervisors. 2. Issue zoning permits pursuant to the provisions of this ordinance and suspend or revoke any zoning permit upon violation of any of the provisions of this ordinance or any approvals granted hereunder subject to the requirements of this ordinance. 3. The zoning administrator shall keep records of all zoning permits issued under this ordinance, maintain permanent and current records related to the ordinance, including the official zoning map, amendments, conditional use and special use permits, variances, appeals, and development site plans; and, make annual reports and recommendations to the planning commission and board of supervisors on matters pertaining to this ordinance. If this ordinance requires approval by another agency of certain site plan features, such approval shall be obtained prior to issuance of a zoning permit, unless deemed unnecessary by the zoning administrator due to the scope and nature of the proposed project or development. 4. Conduct inspections and surveys to determine whether a violation of this ordinance exists. S. Seek criminal or civil enforcement for any provision of this ordinance and take any action on behalf of the county, either at law or in equity, to prevent or abate any violation or potential violation of this ordinance. 6. Render interpretations, upon written request of an interested person whose property may be affected, as to the applicability of this ordinance to particular uses and its application to the factual circumstances presented. When such request is made by an applicant which is not the owner of the property in question, written notice of the request shall be provided to the owner of the property within ten (10) days of receipt of the application. 7. Design and distribute applications and forms required by this ordinance and request information which is pertinent to the requested approval. 8. Perform such duties as are necessary for the proper enforcement and administration of this ordinance. 9. In appropriate cases, allow for the refund of fees paid pursuant to this zoning ordinance upon certification by the zoning administrator of the need for such refund and approval by the county administrator. (7-7-05; 1-22-09; Ord. No. 2011-14-C, 8-4-11.) Sec. 1-1012. - General permit requirements. A. Severability...... Nothing in this section or other sections of this ordinance shall be construed to exempt any applicant for a permit from compliance with all local, state, and federal codes, statutes, and regulations. B. Permit authorization. 1. Zoning, use and occupancy permits issued on the basis of required plans and applications approved by the zoning administrator shall authorize only the use, arrangement and construction set forth in such permits, plans, and no other. The use, arrangement, or construction significantly deviating with that authorization shall be deemed a violation of this ordinance. 2. All departments, officials and public employees of Isle of Wight County, which are vested with the duty or authority to issue permits or licenses shall do so in conformance with the provisions of this ordinance. Such departments and personnel shall issue permits for uses, buildings or purposes only when they are in harmony with the provisions of this ordinance. Any such permit, if issued in conflict with the provisions of this ordinance, shall be null and void. C. Who may submit permit applications. 1. Applications for permits will be accepted only from the property owner or the property owner's authorized representative. The zoning administrator or designated representative may require an applicant to provide evidence of his authority to submit the application. 2. All real estate taxes and any outstanding fees or charges must be current at such time an application is submitted for any activity regulated under this ordinance. D. Applications to be complete. 1. All applications for permits listed in this article must be complete before the application is to be considered. An application is complete when it contains all of the information that is necessary to decide whether or not the development, if completed as proposed, will comply with all requirements of this ordinance. 2. All prescribed application or permit fees as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the board of supervisors, as it may be amended, must be paid. E. Compliance with the Chesapeake Bay Preservation Area Ordinance...... Any structure or use which is subject to the provisions of this ordinance and located upon any lot, parcel, or tract of land located within the designated Isle of Wight County Chesapeake Bay Preservation Area shall be in compliance with the Isle of Wight County Chesapeake Bay Preservation Area Ordinance, located in Appendix B-1 of the Isle of [Wight] County Code. F. Compliance with the Isle of Wight Erosion and Sediment Control Ordinance. ..... No excavation or land disturbance associated with any structure or use shall begin until such time as an erosion and sediment control plan is reviewed and approved by the department of planning and zoning and a permit for such disturbance is issued. G. Compliance with subdivision ordinance...... Any newly created parcel, lot or tract shall comply with the provisions of this ordinance and the Subdivision Ordinance of Isle of Wight County. (7-7-05; 5-1-14.) Sec. 1-1013. - Zoning permit and occupancy permit guidelines. A. When is a zoning permit required. 1. A zoning permit shall be required for the erection, construction, reconstruction, moving, adding to, enlargement or alteration of any structure, or the establishment of any land use, except for bona fide agricultural uses, such as raising of crop or livestock, permitted by right under the provisions of this ordinance. 2. No permanent sign may be erected without first obtaining a zoning permit in accordance with this ordinance. 3. No building or other structure except accessory farm structures shall be razed, demolished, or removed, either entirely or in part, nor shall any of said activities be commenced, without a zoning permit. 4. Additional permits may be required to enforce the provisions of this ordinance. B. Exemption from zoning permit. ..... The following uses do not require a zoning permit for erection, construction, reconstruction, moving, adding to, enlargement or alteration: 1. Streets. 2. Electric power, telephone, cable television, gas, water, and sewer lines, street lights, wires or pipes, together with supporting, poles or structures, and traffic control signs located within a public right-of-way. C. Zoning permit applications. 1. All applicants for a zoning permit shall be accompanied by such plans and information as the zoning administrator deems to be necessary and appropriate to determine compliance and provide for enforcement of this ordinance. 2. If this ordinance requires approval by another agency of certain site plan features, such approval shall be obtained prior to issuance of a zoning permit, unless deemed unnecessary by the zoning administrator due to the scope and nature of the proposed project or development. 3. If the zoning permit involves the subdivision of land, an approved subdivision plat shall be required. D. Zoning permit approval...... A zoning permit shall not be issued unless and until the site plan and project proposal complies with applicable established design criteria, construction standards, and specifications for all improvements as may be required by this ordinance. E. Expiration of permits...... All permits shall expire automatically if, within six (6) months after the issuance of such permits: 1. The use authorized by such zoning and/or other permit has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use; or 2. If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of six (6) months, then the permit authorizing such work shall immediately expire. However, expiration of the permit shall not affect the provisions of severability, subsection 1-1012.A. F. General description of occupancy permit. 1. No person shall use or permit the use of any structure or premises or part thereof hereafter created, erected, changed, converted, enlarged or moved, wholly or partly, until an occupancy permit shall have been issued by the building official. 2. No building, or other structure, or land shall be used, nor shall any building, structure, or land be converted, wholly or in part, to any other use, except for bona fide agricultural uses permitted by right under the provisions of this ordinance, until an occupancy permit has been issued by the building official. 3. Such permits shall show that the structure or use, or both, or the premises, or the affected part thereof, are in conformity with the provisions of this ordinance. 4. It shall be the duty of the building official to issue such permit if it is found that all of the provisions of this ordinance have been met and to withhold such permit unless all requirements of this ordinance have been met. If an occupancy permit is not issued, written notice shall be given to the applicant stating why an occupancy permit cannot be issued. 5. Upon written request from the owner, and upon inspection to determine the facts in the case, the building official shall issue an occupancy permit for any building premises or use that is in conformity with the provisions of this ordinance or where a legal nonconformity exists, as determined by the zoning administrator. G. Temporary or partial occupancy permit. 1. The building official at his discretion may issue a temporary occupancy permit with a recommendation from the zoning administrator for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion in accordance with general rules or regulations concerning such additional conditions and/or safeguards as are necessary, in the circumstances of the case, to protect the safety of the general public. The occupancy permit recipient may be required to provide a performance bond or other security satisfactory to the zoning administrator and approved as to form by the county attorney to ensure that all of the requirements of this ordinance will be fulfilled within a reasonable period determined by the zoning administrator. 2. A final occupancy permit may be issued for any appropriate complete building or part of a building located in a part of the total area or any approved site plan, provided: a. The other on-site construction and improvements included in the approved site plan for the section have been inspected and accepted by the county and other appropriate agencies and, at the discretion of the zoning administrator, a certified "as built" site plan has been submitted for review and approval prior to the proposed date of occupancy. b. The off-site improvements related to and necessary to serve the section have been completed, inspected and accepted by the county, the Virginia Department of Transportation or other appropriate agencies; and the developer has submitted a certified "as built" drawing for the section; or the developer has provided surety acceptable to the zoning administrator and approved as to form the by the county attorney. H. Enforcement and review. 1. Zoning permit authorization. a. Zoning and occupancy permits issued on the basis of plans and applications approved by the zoning administrator shall authorize only the use, arrangement and construction set forth in such permits, plans, and certificates, and no other. The use, arrangement, or construction at variance with that authorization shall be deemed a violation of this ordinance. b. All departments, officials and public employees of Isle of Wight County, which are vested with the duty or authority to issue permits or licenses, shall do so in conformance with the provisions of this ordinance. Such departments and personnel shall issue certifications or permits for uses, buildings or purposes only when they are in harmony with the provisions of this ordinance. Any such certification or permit, if issued in conflict with the provisions of this ordinance, shall be null and void. I. Complaints regarding violations. ..... Whenever the zoning administrator receives a written, signed complaint or a duly completed complaint form alleging a violation of this ordinance, he shall investigate the complaint, take whatever action is warranted, and inform the complainant of what actions have been or will be taken. J. Persons liable...... The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this ordinance may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided. K. Procedures upon discovery of violations. 1. If the zoning administrator finds that any provision of this ordinance is being violated, a written notice shall be forwarded to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. 2. In cases when delay would seriously threaten the effective enforcement of this ordinance or pose a danger to the public health, safety, or welfare, the zoning administrator may seek enforcement without prior written notice by posting an order to "cease and desist", and by invoking any of the penalties or remedies authorized in this ordinance. 3. The zoning administrator in consultation with the county attorney may pursue other legal remedies as may be necessary. L. Penalties and remedies for violations. 1. Violating, causing or permitting the violation of, or otherwise disregarding any of the provisions of this chapter by any person, firm or corporation, whether as principal, agent, owner lessee, employee or other similar position, shall be unlawful and is subject to the following: a. Criminal sanctions. ..... Upon conviction, shall be guilty of a misdemeanor and shall be fined not less than ten dollars ($10.00), nor more than one thousand dollars ($1,000.00). Failure to remove or abate a zoning violation shall constitute a separate misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00), and any such failure during any succeeding thirty -day period shall constitute a separate misdemeanor offense for each thirty -day period punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00). b. Injunctive relief. ..... Any violation or attempted violation of this chapter may be restrained, corrected or abated as the case may be by injunction or other appropriate relief. c. Civil penalties. i. Each day during which a violation is found to exist shall be a separate offense. However, in no event shall specified violation arising from the same set of operative facts be charged more frequently than one in a ten-day period and in no event shall a series of such violations result in civil penalties of more than five thousand dollars ($5,000.00). Such civil penalty shall be in lieu of criminal sanctions. However, in the event such civil penalties total five thousand dollars ($5,000.00) or more, the violation may be prosecuted as a criminal misdemeanor. ii. The zoning administrator and his designee may issue a civil summons as provided by law for a scheduled violation. Any person summoned for a scheduled violation may make an appearance in person or in writing by mail to the county treasurer prior to the date fixed for trial in court. Any person as appearing may enter a waiver of trial, admit liability and pay the civil penalty established for the offense(s) charged. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court. iii. If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law. In any trial for a violation, it shall be the burden of the zoning administrator or his or her designee to show the liability of the violator by a preponderance of the evidence. If the violation remains uncorrected at the time of the admission of liability or finding of liability, the court may order the violator to abate or remedy the violation in order to comply with the zoning ordinance. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within a period of time as determined by the court, but not later than six (6) months of the date of admission of liability or finding of liability. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense. An admission of liability or finding of liability shall not be a criminal conviction for any purpose. d. No provision herein shall be construed to allow the imposition of civil penalties for: L Enforcement of the Uniform Statewide Building Code; ii. Activities related to land development or activities related to the construction or repair of buildings and other structures; iii. Violations of the erosion and sediment control ordinance; iv. Violations resulting in injury to any person or persons. (7-7-05; Ord. No. 2011-10-C, 6-16-11.) Sec. 1-1014. - Transitional provisions. A. Approved or pending zoning permits, site plans or building permits. 1. The requirements of this ordinance shall not apply to any structure or use established pursuant to a zoning permit or building permit issued prior to the effective date of this ordinance. 2. No zoning permit which was lawfully issued prior to the original effective date of this ordinance and which is in full force and effect at said date shall be invalidated by the passage of this ordinance, provided that all such permits shall expire not later than six (6) months from the effective date of this ordinance, unless actual construction has begun pursuant to the terms of said permit. See subsection 1013.E, expiration of permits, for further explanation of permit expiration. 3. The requirements of this ordinance shall not apply to any structure or use proposed to be established pursuant to a zoning permit, site plan or building permit application pending as of the effective date of the ordinance, provided the following conditions are met: a. The requirements of the former Isle of Wight County Zoning Ordinance adopted and amendments thereof shall be met; b. The zoning permit is issued within ninety (90) days after the effective date of this ordinance; c. For the purpose of this section, a pending site pian or building permit application that does not contain all of the required information for a site plan approval shall not meet the intent of this section. B. Approved and pending preliminary subdivision plats. 1. The requirements of this ordinance shall not apply to lots shown on a preliminary subdivision plat approved by the board of supervisors as of the effective date of this ordinance, provided the subdivider submits a final subdivision plat for all or a portion of the property within one (1) year of such approval and thereafter diligently pursues approval of the final subdivision plat. 2. The requirements of this ordinance shall not apply to lots shown on a preliminary subdivision plat pending approval as of the effective date of this ordinance, provided the following conditions are met: a. The requirements of the former Isle of Wight County Zoning Ordinance and amendments thereof shall be met. b. The preliminary subdivision plat is approved by the board of supervisors or the subdivision agent, as may be required, within ninety (90) days from the effective date of this ordinance. This time period may be extended by the board of supervisors upon written request. c. A final subdivision plat is submitted for all or a portion of the property within one (1) year of such approval and thereafter the subdivider diligently pursues approval of the final subdivision plat. C. Board of zoning appeals approvals. 1. The requirements of this ordinance shall not apply to any variance granted by the board of zoning appeals pursuant to the former ordinance as amended, provided any activity or development authorized by such approval shall commence within six (6) months of the effective date of this ordinance. 2. The requirements of this ordinance shall not apply to any case pending before the board of zoning appeals or courts of this state, provided that any activity or development authorized by the approval of any case shall commence within six (6) months of the effective date of the board or court decision. D. Zoning in effect prior to effective date of this ordinance. ..... All zoning district classifications and maps, variances and conditional uses, special uses, and all applications for such approvals, including the particular zoning district applicable to a lot, parcel, or tract of land, established under the prior ordinance, as amended, and as applied by legislative or administrative action thereunder, shall, as of the effective date of this ordinance, be of no further effect or validity, except to the extent specific continuing rights are granted by the terms of this ordinance. (7-7-05.) Sec. 1-1015. - Amendments. A. Powers and duties of the planning commission...... The planning commission shall have all the powers and duties of local planning commissions set forth in Sections 15.2-2211-15.2-2310 of the Code of Virginia (1950) as amended and any other powers and duties now or in the future delegated to local planning commissions, in order to promote the orderly development of the locality and its environs pursuant to Section 15.2-2210 of the Code of Virginia (1950), as amended and accomplish the objectives of Section 15.2-2200 of the Code of Virginia (1950), as amended. B. General description...... The board of supervisors hereby acknowledge as fact that sections of the county are rapidly changing from a rural area to residential, commercial, industrial and other urban uses and, although an attempt has been made in the comprehensive plan to anticipate and direct such growth along desirable lines, it is inevitable that no such plan will be perfect or everlastingly valid. The board of supervisors, therefore, anticipates that the comprehensive plan will need amending from time to time as contemplated and authorized by section 15.2-2223 et seq. of the Code of Virginia (1950), as amended, and that this ordinance and the zoning map must also be amended from time to time in order that it may continue to be in conformity with the expectations of the board of supervisors. C. Findings for change of zoning map classification. 1. The zoning ordinance and districts shall be drawn and applied with reasonable consideration for the existing use and character of property, the comprehensive plan, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the community as to land use for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services, the conservation of natural resources, the preservation of flood plains, the preservation of agricultural and forestal land, the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the locality. 2. The fact that an application for reclassification complies with all of the specific requirements and purposes set forth in this ordinance shall not be deemed to create a presumption that the proposed reclassification and resulting development would, in fact, be compatible with surrounding land uses and is not, in itself, sufficient to require the granting of the application. D. Filing procedures for amendment applications. 1. An application for text amendment may be initiated by resolution of the board of supervisors, by motion of the planning commission, or by application petition of any property owner(s) addressed to the board of supervisors. An application for text amendment will set forth the new text to be added and the existing text, if any, to be deleted or amended. 2. Zoning map amendment applications may be made by the board of supervisors, planning commission or by any property owner(s) or duly authorized agent. A map amendment may cover a single lot or a larger contiguous area. 3. All real estate taxes and any outstanding fees or charges must be current at such time an application is submitted for a zoning map amendment application. 4. Applications by property owners for change in zoning classification of property shall be accompanied by the prescribed application fee listed in Table 3 of this ordinance (Isle of Wight County Fee Schedule). Such application fee is nonrefundable and no application is considered complete until the fee is submitted. In addition, an application for rezoning not including the entire tract of land shall require a boundary plat to be prepared in accordance with the requirements of the subdivision ordinance, which must be recorded in the clerk's office of the circuit court of Isle of Wight County, Virginia, prior to the rezoning taking effect. If a boundary plat of the rezoned area is not recorded within twelve (12) months of the approval of same by the board of supervisors of Isle of Wight County, Virginia, for good cause shown, the zoning administrator may extend this time period beyond twelve (12) months after the applicant/property owner provides justification for the specified extension demonstrating that the applicant/property owner has diligently pursued the completion of the aforementioned requirements. If the zoning administrator cannot find just cause to grant the extension, then said rezoning will be null and void and the property will revert to the zoning classification existing prior to the action of the board of supervisors. a. Proof of said recordation shall be presented to the zoning administrator prior to the issuance of any zoning permits for the property which has been rezoned. 5. An application petition by any property owner for an amendment or change in the zoning district classification of property which is substantially the same as any petition or application denied by the board of supervisors for the same subject property will not be reconsidered within one (1) year of said action of denial. The zoning administrator shall determine whether petitions or applications are substantially the same. E. Amendment application. 1. Applications for text or map amendments shall be submitted on forms provided by and filed in the office of the zoning administrator. 2. A community impact statement shall be required for all application amendments for residential subdivisions of five (5) or more lots, planned development, commercial and industrial amendment applications, in accordance with subsection 1-1015.F. 3. Upon receipt of an ordinance amendment application, the zoning administrator shall review the application. If the zoning administrator finds all required information has been provided and the required fee paid, then the application shall be accepted. 4. All application files will be in the custody of the zoning administrator and will be open to public inspection during regular office hours. No application file will be removed from the custody of the zoning administrator's office. Any persons may, at their expense, obtain copies of any and all exhibits. 5. Upon determination by the zoning administrator that the application is complete in accordance with the herein requirements, the application shall be promptly submitted for comment and review to appropriate county departments and agencies and scheduled for review before the planning commission. 6. Fees for engineering/consultant review. If in the discretion of the county review of any request for a zoning map amendment by any outside engineering firm or other consultant expert in the field of the request is deemed necessary, the landowner/applicant shall be required to pay the fee for such review prior to consideration of the request by the county. The purpose of the review will be to ensure that the request complies with all regulations. F. Community impact statement. ..... A community impact statement shall address the following: 1. Adequacy of existing public facilities and services intended to serve the proposed development. Analysis shall be made of sewer, water, drainage, schools, fire stations, roadways, and other major locally financed facilities. 2. Additional on-site and off-site public facilities or services which would be required as a result of the development. 3. A traffic impact analysis is required for: a. Any development proposed which will generate two hundred (200) average daily trips [ADT] or more based on vehicular trip generation rates as defined by the Institute of Transportation Engineers' most recent publication, "Trip Generation", or the Virginia Department of Transportation. The analysis must indicate the relationship of the proposed development on the cumulative effect of the traffic and road use for the arterial and secondary roads providing access to the development and any other road ur intersection impacted by the development. The traffic impact analysis shall also include traffic data from other existing development to show the cumulative impact of traffic and road use for the affected roadways. Additional areas may be required to be incorporated into the analysis where traffic and accident data warrant. b. At the request of the zoning administrator, when the proposed development is expected to significantly impact the vehicular movement on the arterial highways within the area. 4. Fiscal impact analysis of the proposed development on the county prepared by the applicant to be reviewed and approved by the zoning administrator when the proposal includes residential dwelling units. A fiscal impact analysis is optional when the proposal does not include any residential dwelling units. The analysis shall contain a comparison of the public revenues anticipated to be generated by the development and the anticipated capital, operations, maintenance and replacement costs for public facilities needed to service the project at the adopted county service standards, as well as employment opportunities to be generated by the development. The county shall consider the information provided by the applicant during the development review process; provided, however, that the fiscal impact analysis shall not serve as the sole basis for the approval or disapproval of an individual development proposal unless the health and safety of the community is affected by the inability to provide transportation, fire, police, emergency equipment and services, sewer or water to the proposed development. G. Action of the planning commission for amendment applications. 1. All proposed amendments to this ordinance will be referred to the planning commission for review and a recommendation to the board of supervisors. 2. The zoning administrator or their designee shall present a report representing a review of the application by the staff of the department of planning and zoning and such other agencies as may be appropriate. The staff report may include, without limitation, the following matters: population change, availability of public facilities, present and future transportation patterns, compatibility with existing and proposed development for the area and the relationship of such proposed amendment to the comprehensive plan. 3. The planning commission shall hold at least one (1) public hearing on such proposed amendment after notice as required by Section 15.2- 2204(A) of the Code Virginia (1950), as amended, and may make appropriate changes in the proposed amendment as a result of such hearing. Upon completion of this work, the planning commission shall present the proposed amendment to the board of supervisors together with its recommendations and appropriate explanatory materials within one hundred (100) days after its first meeting following receipt of the proposed amendment. H. Action of the board of supervisors for amendment applications. 1. Before considering any amendment, the board of supervisors shall hold at least one (1) public hearing thereon, pursuant to public notice as required by Section 15.2-2204(A) of the Code of Virginia (1950), as amended, after which the board of supervisors may make appropriate changes or corrections in the proposed amendment; provided, however, that no additional land may be zoned to a different classification than was contained in the public notice without an additional public hearing after notice required by Section 15.2-2204(A) of the Code of Virginia (1950), as amended. An affirmative vote of at least a majority of the members of the board of supervisors shall be required to amend this ordinance or the zoning map. 2. The record in all zoning cases shall include the application, all documents or communications submitted regarding the application, the recorded testimony received at the hearing, any reports or communications to or from any public officials or agency concerning the application, the recommendation of the planning commission, and the final decision of the board of supervisors. The record shall be open to public inspection and shall be maintained by the zoning administrator. The burden of proof for any zoning change shall be upon the applicant. 1. Continuance and withdrawal of amendment applications. 1. The applicant may withdraw, in writing, a text or map amendment case from consideration prior to the public hearing of the planning commission or board of supervisors. Any new application for rezoning of said property shall be subject to all procedures and fees of an original application. 2. If a request by an applicant for continuance of a public hearing on a map amendment is granted after the required public notice has been given, the applicant shall pay an additional fee for another public notice. 3. Nothing shall be construed as limiting the right of the planning commission or the board of supervisors to continue amendment cases on its own initiative. (7-7-05; Ord. No. 2011-1-C, 1-6-11) Sec. 1-1016. - Conditional zoning. A. In order to provide a more flexible and adaptable zoning method to permit differing land uses and to recognize effects of change, conditional zoning is permitted. That is, a zoning reclassification may be allowed subject to certain conditions proffered by the zoning applicant for the protection and well-being of the community that are not generally applicable to land similarly zoned. B. For purposes of this section, the following terms shall have the meanings set forth as follows: New residential development\ means any construction or building expansion on residentially zoned property, including a residential component of a mixed-use development, that results in either one (1) or more additional residential dwelling units or, otherwise, fewer, residential dwelling units, beyond what may be permitted by right under the then -existing zoning of the property, when such new residential development requires a rezoning or proffer condition amendment. New residential use\ means any use of residentially zoned property that requires a rezoning or that requires a proffer condition amendment to allow for new residential development. Offsite proffer\ means a proffer addressing an impact outside the boundaries of the property to be developed and shall include all cash proffers. Proffer condition amendment\ means an amendment to an existing proffer statement applicable to a property or properties. Public facilities\ means public transportation facilities, public safety facilities, public school facilities, or public parks. Public facility improvement\ means an offsite public transportation facility improvement, a public safety facility improvement, a public school facility improvement, or an improvement to or construction of a public park. No public facility improvement shall include any operating expense of an existing public facility, such as ordinary maintenance or repair, or any capital improvement to an existing public facility, such as a renovation or technology upgrade, that does not expand the capacity of such facility. For purposes of this definition, the term "public park" shall include playgrounds and other recreational facilities. Public safety facility improvement\ means construction or new law enforcement, fire, emergency medical, and rescue facilities or expansion of existing public safety facilities, to include all buildings, structures, parking, and other costs directly related thereto. Public school facility improvement\ means construction of new primary and secondary public schools or expansion of existing primary and secondary public schools, to include all buildings, structures, parking, and other costs directly related thereto. Public transportation facility improvement\ means (i) construction of new roads; (ii) improvement or expansion of existing roads, and related appurtenances as required by applicable standards of the Virginia Department of Transportation; and (iii) construction, improvement, or expansion of buildings, structures, parking, and other facilities directly related to transit. Residentially zoned property\ means property zoned or proposed to be zoned for either single-family or multifamily housing. C. The owner of land seeking a rezoning may provide, by voluntarily proffering in writing, reasonable conditions as part of the application for rezoning, for which such conditions or proffers are in addition to the regulations provided for the zoning district. Proffered conditions shall constitute a part of the rezoning or amendment to the zoning map and shall remain in effect even if the property is sold. 1. Conditional uses may be considered as a permitted use and granted by the board of supervisors when included as a part of a conditional zoning amendment, and shall not require a separate conditional use permit application. D. The terms of all proffered conditions must be submitted in writing by the owner ten (10) days prior to a public hearing before the board of supervisors provided that the conditions are in accordance with the following: 1. The rezoning itself gives rise to the need for the conditions; 2. Such conditions have a reasonable relation to the rezoning; and; 3. All such conditions are in conformity with the Isle of Wight County Comprehensive Plan. E. The zoning administrator shall have sole authority to meet with any applicant to discuss proffered conditions. No such meeting with the zoning administrator shall occur without the presence of the county attorney to ensure compliance with the restrictions set forth in Section 15.2-2303.4 of the Code of Virginia (1950, as amended). F. For new residential developments and new residential uses submitted after July 1, 2016, the determination as to reasonableness and acceptability of voluntary proffers will be evaluated by the planning commission and board of supervisors based upon the following criteria: 1. The voluntary proffer addresses an impact that is specifically attributable to the proposed new residential development or other new residential use applied for; and 2. The voluntary offsite proffer (i) addresses an impact to an offsite public facility, such that (a) the new residential development or new residential use creates a need, or an identifiable portion of a need, for one (1) or more public facility improvements in excess of existing public facility capacity at the time of the rezoning or proffer conditions amendment; and (b) each such new residential development or new residential use applied for receives a direct and material benefit from a proffer made with respect to any such public facility improvements. For purposes of this subsection, the planning commission and board of supervisors may base their assessment of public facility capacity on the projected impacts specifically attributable to the new residential development or new residential use. G. There shall be no amendment or variation of proffered conditions as part of an approved rezoning until after a public hearing before the board of supervisors advertised pursuant to the provisions of this ordinance. However, where an amendment to the proffered conditions is requested by the applicant, and where such amendment does not affect conditions of use or density, the board of supervisors may waive the requirements of a public hearing. Once so amended, the proffered conditions shall continue to be an amendment to the ordinance and may be enforced by the zoning administrator pursuant to the provisions of the ordinance. H. The zoning administrator is vested with all necessary authority on behalf of the governing body of the locality to administer and enforce conditions attached to a rezoning or amendment to a zoning map. Any zoning applicant or any other person who is aggrieved by a decision of the zoning administrator may petition the governing body for review of the decision of the zoning administrator. All petitions for review shall be filed with the zoning administrator and with the clerk of the governing body within thirty (30) days from the date of the decision for which review is sought and shall specify the grounds upon which the petitioner is aggrieved. A decision by the governing body on an appeal taken pursuant to this section shall be binding upon the owner of the property which is the subject of such appeal only if the owner of such property has been provided written notice of the zoning violation, written determination, or other appealable decision. An aggrieved party may petition the circuit court for review of the decision of the governing body on an appeal taken pursuant to this section. Every action contesting a decision of the focal governing body adopting or failing to adopt a proposed zoning ordinance or amendment thereto or granting or failing to grant a special exception shall be filed within thirty (30) days of the decision with the Isle of Wight County Circuit Court. Nothing herein shall be construed to create any new right to contest the action of the local governing body. (7-7-05; 9-24-09; Ord. No. 2011-1-C, 1-6-11; Ord. No. 2013-3-C, 4- 18-13; 10-20-16.) Sec. 1-1017. - Conditional uses. A. General description. 1. The board of supervisors after public notice and hearing and upon recommendation by the planning commission may authorize the issuance of conditional use permit in harmony with the general purpose and intent, as hereinafter provided, and subject to appropriate conditions. 2. If the board of supervisors shall determine that a conditional use provided for in this ordinance will conform to the general character of the neighborhood to which the proposed use will apply and that the public health, morals, safety and general welfare of such neighborhood will be secure by the granting of such conditional use, subject to the safeguards imposed by the board, then the board of supervisors may authorize the issuance of a permit. Such permits may be granted for a temporary period or permanently, as determined by the board and, if granted for a temporary period, application for extension of same will be subject to a public hearing as required in the original application. B. Initiation of conditional use. 1. Any property owner or other person with an enforceable legal interest in a property may file an application to use such land for one (1) or more of the conditional uses provided for in the zoning district classification in which the land is located. 2. All real estate taxes and any outstanding fees or charges must be current at such time an application is submitted for a conditional use permit. C. Application for conditional use...... An application for conditional use shall be filed with the zoning administrator on a form prescribed by the zoning administrator. The application shall be accompanied by such plans and/or data as necessary, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed use will conform to the standards set forth. Such application shall be forwarded from the zoning administrator to the planning commission for review and recommendation. The planning commission shall conduct a public hearing and render a recommendation on the application, which shall be forwarded to the board of supervisors. D. Fees...... An application for conditional use permit shall be accompanied by the prescribed application fee listed in Table 3 of this ordinance (Isle of Wight County Fee Schedule). E. Fees for engineering/consultant review...... if in the discretion of the county review of any request for a conditional use permit by any outside engineering firm or other consultant expert in the field of the request is deemed necessary, the landowner/applicant shall be required to pay the fee for such review prior to consideration of the request by the county. The purpose of the review will be to ensure that the request complies with any applicable regulations. F. Planning commission recommendation...... The planning commission, after public notice and hearing, shall forward its recommendation to the board of supervisors which in turn shall hold another hearing after notice as provided for in section 1-1021, public notification for amendment applications, use permits, plan amendments, and variances, before making its decision. G. The board of supervisors and conditional use permits. ..... The board of supervisors after public notice and hearing and upon recommendation by the planning commission may authorize the issuance of conditional use permits in harmony with the general purpose and intent, as hereinafter provided, and subject to appropriate conditions. H. Standards for review of a conditional use application. ..... The planning commission and board of supervisors shall consider the following criteria before the granting of a conditional use permit: 1. That the establishment, maintenance, and operation of the conditional use will not be detrimental to or endanger the public health, safety, and general welfare; 2. That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially impair the use of other property within the immediate proximity; 3. That adequate utilities, water, sewer or septic system, access roads, storm drainage and/or other necessary public facilities and improvements have been or will be provided; 4. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public streets; 5. That the proposed conditional use is not contrary to the goals and objectives of the Isle of Wight County Comprehensive Plan; 6. That the conditional use shall, in all other respects, conform to the applicable regulations of the zoning district classification in which it is located and to the special requirements established for the specific use; 7. That the use(s) at the location proposed will not result in a multiplicity or saturation of similar uses in the same general neighborhood of the proposed use. I. Conditions and guarantees...... In addition to the specific standards contained in article V, supplementary use regulations, the other guidelines and criteria described in this ordinance, and other relevant consideration, the board may impose conditions or limitations on any approval, including the posting of performance guarantees. Such conditions may include, but are not necessarily limited to: 1. The number of persons living or working in the immediate area and the proposed hours of operation, as may applicable; 2. Traffic conditions, including facilities for pedestrians, such as sidewalks and parking facilities; the access of vehicles to roads; peak periods of traffic; and proposed roads, but only if construction of such roads will commence within the reasonably foreseeable future; 3. The orderly growth of the neighborhood and community and the fiscal impact on the county; 4. The effect of odors, dust, gas, smoke, fumes, vibration, glare, and noise upon the use of surrounding properties; 5. Facilities for police, fire protection, sewerage, water, trash and garbage collection and disposal, and the ability of the county or persons to supply such services; 6. The degree to which the development is consistent with generally accepted engineering and planning principles and practices; 7. The structures in the vicinity such as schools, houses of worship, theaters, hospitals, and similar places of public use; 8. The purposes set forth in this ordinance, the county's comprehensive plan, and related studies for land use, roads, parks, schools, sewers, water, population, recreation, and the like; 9. The environmental impact, the effect on sensitive natural features, and opportunities for recreation and open space; 10. The preservation of cultural and historic resources or landmarks. J. Other laws applicable...... The granting of a conditional use does not exempt the applicant from obtaining a zoning permit certificate or complying with all other requirements of this ordinance or any applicable county, state, or federal law. K. Denial of a conditional use permit...... If the board of supervisors finds that in an application for a conditional use provided in this ordinance and requested in said application will not conform to the general character of the neighborhood to which the proposed use will apply, and that the public health, safety and general welfare of such neighborhood will not be secure by granting such conditional use, then the board of supervisors may deny such application, anything in this ordinance to the contrary notwithstanding. L. Effect of denial of a conditional use. 1. No application for a conditional use which has been denied wholly or in part by the board of supervisors shall be resubmitted for a period of one (1) year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the board of supervisors. 2. The board of supervisors may, at any time, consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered, as determined by the zoning administrator. M. Scope of approval. 1. Unless otherwise specified by the conditions of the permit, failure to establish the conditional use authorized by the permit within two (2) years from the date of approval by the board of supervisors shall cause the permit to terminate and to become void. 2. The provisions of this section are cumulative with the power of injunction and other remedies afforded by law to the county and, further, shall not be so interpreted as to vest in any applicant any rights inconsistent or in conflict with the power of the county to rezone the subject property or to exercise any other power provided by law. 3. Once a conditional use permit is granted, such use may be enlarged, extended, increased in intensity or relocated only in accordance with the provisions of this section unless the board of supervisors, in approving the initial permit, has specifically established alternative procedures for consideration of future expansion or enlargement. The provisions of subsection 1-1020.G, relative to expansion of nonconforming uses shall not be construed to supersede this requirement unless the specially permitted use for which the permit was initially granted is in fact, no longer a use permitted as of right or as a conditional use in the zoning district in which located. 4. Where any conditional use is discontinued for any reason for a continuous period of two (2) years or more, the conditional use permit shall terminate and become null and void. A use shall be deemed to have been "discontinued" when the use shall have ceased for any reason, regardless of the intent of the owner or occupier of the property to reinstitute the use at some later date. The approval of a new conditional use permit shall be required prior to any subsequent reinstatement of the use. N. Revocation of conditional use permits. 1. The board of supervisors may, by resolution, initiate a revocation of a conditional use permit. When initiated, the revocation process shall be handled as would a new application for a conditional use permit. 2. After review by the zoning administrator and consideration and recommendation by the planning commission, the governing body shall act on the proposal to revoke the conditional use permit. Grounds for revocation shall include, but not be limited to, the following: a. A change in conditions affecting the public health, safety and welfare since the adoption of the conditional use permit; or b. Repeated violations of this article, including any conditions attached to the conditional use permit, by the owner/operator of the use; or c. Fraudulent, false or misleading information or an error or mistake in fact supplied by the applicant (or his agent) for the conditional use permit. 0. Violations...... If it is determined that violations exist with regard to an approved conditional use permit, the following procedure shall be followed: After review and recommendation by the planning commission, the board of supervisors shall act on the proposal to revoke the conditional use permit. Grounds for revocation shall include, but not be limited to, the following: 1. A change in conditions affecting the public health, safety and general welfare since adoption of the conditional use permit; or 2. Repeated violations, including any conditions attached to the conditional use permit owner/operator of the use; or 3. Fraudulent, false or misleading information or an error or mistake in fact supplied by the applicant (or his agent) for the conditional use permit. (7- 7-05; Ord. No. 2013-3-C, 4-18-13.) Sec. 1-1018. - Special use permits for uses not provided for. A. General description...... If, in any district established under this ordinance, a use is not specifically permitted and an application is made to the zoning administrator for such use, the zoning administrator shall refer the application to the planning commission as a special use permit. The planning commission shall make its recommendation to the board of supervisors after holding a public hearing on the said application. The board of supervisors may, after receiving the recommendations from the planning commission and after holding a public hearing on said application, issue a special use permit for said use for a temporary period or permanently, as determined by the board, upon such conditions as the board may deem necessary to safeguard and protect the public health, morals, safety and general welfare of the neighborhood or area within the proposed use will be located. B. Initiation of special use permit. 1. The property owner or other person with an enforceable legal interest in the property may file an application for a special use permit. 2. All real estate taxes and any outstanding fees or charges must be current at such time an application is submitted for a special use permit. C. Application fees. ..... An application for a special use permit shall be accompanied by the prescribed application fee listed in Table 3 of this ordinance (Isle of Wight County Fee Schedule). D. Application for special use...... An application for special use shall be filed with the zoning administrator on a form prescribed by the zoning administrator. The application shall be accompanied by such plans and/or data as necessary, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed use will conform to the standards set forth. Such application shall be forwarded from the zoning administrator to the planning commission for review and recommendation. The planning commission shall conduct a public hearing and render a recommendation on the application, which shall be forwarded to the board of supervisors. E. Fees for engineering/consultant review...... If in the discretion of the county review of any request for a special use permit by any outside engineering firm or other consultant expert in the field of the request is deemed necessary, the landowner/applicant shall be required to pay the fee for such review prior to consideration of the request by the county. The purpose of the review will be to ensure that the request complies with any applicable regulations. F. Planning commission recommendation...... The planning commission, after public notice and hearing, shall forward its recommendation to the board of supervisors which in turn shall hold another hearing after notice as provided for in section 1-1021, public notification for amendment applications, use permits, plan amendments, and variances, before making its decision. G. The board of supervisors and special use permits. ..... The board of supervisors after public notice and hearing and upon recommendation by the planning commission may authorize the issuance of special use permits in harmony with the general purpose and intent, as hereinafter provided, and subject to appropriate conditions. H. Standards for review of a special use application. ..... The planning commission and board of supervisors shall consider the following criteria before the granting of a special use permit: 1. That the establishment, maintenance, and operation of the special use will not be detrimental to or endanger the public health, safety, and general welfare; 2. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially impair the use of other property within the immediate proximity; 3. That adequate utilities, water, sewer or septic system, access roads, storm drainage and/or other necessary public facilities and improvements have been or will be provided; 4. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public streets; 5. That the proposed special use is not contrary to the goals and objectives of the Isle of Wight County Comprehensive Plan; 5. That the special use shall, in all other respects, conform to the applicable regulations of the zoning district classification in which it is located and to the special requirements established for the specific use; 7. That the use(s) at the location proposed will not result in a multiplicity or saturation of similar uses in the same general neighborhood of the proposed use. I. Conditions and guarantees...... In addition to the specific standards contained in article V, supplementary use regulations, the other guidelines and criteria described in this ordinance, and other relevant consideration, the board may impose conditions or limitations on any approval, including the posting of performance guarantees. Such conditions may include, but are not necessarily limited to: 1. The number of persons living or working in the immediate area and the proposed hours of operation, as may be applicable; 2. Traffic conditions, including facilities for pedestrians, such as sidewalks and parking facilities; the access of vehicles to roads; peak periods of traffic; and proposed roads, but only if construction of such roads will commence within the reasonably foreseeable future; 3. The orderly growth of the neighborhood and community and the fiscal impact on the county; 4. The effect of odors, dust, gas, smoke, fumes, vibration, glare, and noise upon the use of surrounding properties; 5. Facilities for police, fire protection, sewerage, water, trash and garbage collection and disposal, and the ability of the county or persons to supply such services; 6. The degree to which the development is consistent with generally accepted engineering and planning principles and practices; 7. The structures in the vicinity such as schools, houses of worship, theaters, hospitals, and similar places of public use; 8. The purposes set forth in this ordinance, the county's comprehensive plan, and related studies for land use, roads, parks, schools, sewers, water, population, recreation, and the like; 9. The environmental impact, the effect on sensitive natural features, and opportunities for recreation and open space; 10. The preservation of cultural and historic resources or landmarks. J. Other laws applicable...... The granting of a special use does not exempt the applicant from obtaining a zoning permit certificate or complying with all other requirements of this ordinance or any applicable county, state, or federal law. K. Denial of a special use permit...... If the board of supervisors finds that in an application for a special use provided in this ordinance and requested in said application will not conform to the general character of the neighborhood to which the proposed use will apply, and that the public health, safety and general welfare of such neighborhood will not be secure by granting such special use, then the board of supervisors may deny such application, anything in this ordinance to the contrary notwithstanding. L. Effect of denial of a special use. I. No application for a special use which has been denied wholly or in part by the board of supervisors shall be resubmitted for a period of one (1) year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the board of supervisors. 2. The board of supervisors may, at any time, consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered, as determined by the zoning administrator. M. Scope of approval. 1. Unless otherwise specified by the conditions of the permit, failure to establish the special use authorized by the permit within two (2) years from the date of approval by the board of supervisors shall cause the permit to terminate and to become void. 2. The provisions of this section are cumulative with the power of injunction and other remedies afforded by law to the county and, further, shall not be so interpreted as to vest in any applicant any rights inconsistent or in conflict with the power of the county to rezone the subject property or to exercise any other power provided by law. 3. Once a special use permit is granted, such use may be enlarged, extended, increased in intensity or relocated only in accordance with the provisions of this section unless the board of supervisors, in approving the initial permit, has specifically established alternative procedures for consideration of future expansion or enlargement. The provisions of subsection 1-1020.G, relative to expansion of nonconforming uses shall not be construed to supersede this requirement unless the specially permitted use for which the permit was initially granted is in fact, no longer a use permitted as of right or as a special use. 4. Where any special use is discontinued for any reason for a continuous period of two (2) years or more, the special use permit shall terminate and become null and void. A use shall be deemed to have been "discontinued" when the use shall have ceased for any reason, regardless of the intent of the owner or occupier of the property to reinstitute the use at some later date. The approval of a new special use permit shall be required prior to any subsequent reinstatement of the use. N. Revocation of special use permits. 1. The board of supervisors may, by resolution, initiate a revocation of a special use permit. When initiated, the revocation process shall be handled as would a new application for a special use permit. 2. After review by the zoning administrator and consideration and recommendation by the planning commission, the governing body shall act on the proposal to revoke the special use permit. Grounds for revocation shall include, but not be limited to, the following: a. A change in conditions affecting the public health, safety and welfare since the adoption of the special use permit; or b. Repeated violations of this article, including any conditions attached to the special use permit, by the owner/operator of the use; or c. Fraudulent, false or misleading information or an error or mistake in fact supplied by the applicant (or his agent) for the special use permit. O. Violations. ..... If it is determined that violations exist with regard to an approved special use permit, the following procedure shall be followed: After review and recommendation by the planning commission, the board of supervisors shall act on the proposal to revoke the special use permit. Grounds for revocation shall include, but not be limited to, the following: 1. A change in conditions affecting the public health, safety and general welfare since adoption of the special use permit; or 2. Repeated violations, including any conditions attached to the special use permit owner/operator of the use; or 3. Fraudulent, false or misleading information or an error or mistake in fact supplied by the applicant (or his agent) for the special use permit. (7-7-05; Ord. No. 2013-3-C, 4-18-13.) Sec. 1-1019. - Provisions for appeals, variances, and interpretations. A. Boards of zoning appeals generally. (1) A board of zoning appeals, as provided for in Section 15.2-2308 of the Code of Virginia (1950), as amended, consisting of five (5) residents of the County of Isle of Wight, shall be appointed by the circuit court judge of the County of Isle of Wight. (2) The terms of office shall be for five (5) years provided, however, that the members serving on the board of zoning appeals on the effective date of this ordinance shall continue on such board and shall serve for their remaining respective terms. The secretary of the board of zoning appeals shall notify the court at least thirty (30) days in advance of the expiration of any term of office, and shall also notify the court promptly if any vacancy occurs. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members may be reappointed to succeed themselves. Members of the board shall hold no other public office in the County of Isle of Wight except that one (1) may be a member of the planning commission of the County of Isle of Wight. A member whose term expires shall continue to serve until his successor is appointed and qualifies. (3) The board shall elect from its own membership its officers who shall serve annual terms as such and may succeed themselves. For the conduct of the hearing and the taking of any action, the quorum shall not be less than a majority of all the members of the board. The board may make, alter and rescind rules and forms for its procedures, consistent with the ordinances of the County of Isle of Wight and the general laws of the Commonwealth of Virginia. The board shall keep a full public record of its proceedings and shall submit a report of its activities to the governing body at least once each year. (4) Within the limits of funds appropriated by the governing body, the board may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services. Members of the board may receive such compensation as may be authorized by the governing body. (5) Any board member may be removed for malfeasance, misfeasance or nonfeasance in office, or for other just cause, by the court, which appointed him, after a hearing held following at least fifteen (15) days' notice. B. Powers of the board of zoning appeals...... The board of zoning appeals shall have the following powers and duties: (1) To hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in the administration or enforcement of this article or of any ordinance adopted pursuant thereto. The decision on such appeal shall be based on the board's judgement of whether the administrative officer was correct. The determination of the administrative officer shall be presumed to be correct. At a hearing on an appeal, the administrative officer shall explain the basis for his determination after which the appellant has the burden of proof to rebut 32 such presumption of correctness by a preponderance of the evidence. The board shall consider any applicable ordinances, laws, and regulations in making its decision. For purposes of this section, determination means any order, requirement, decision or determination made by an administrative officer. Any appeal of a determination to the board shall be in compliance with this section, notwithstanding any other provision of law, general or special. (2) Notwithstanding any other provision of law, general or special, to grant upon appeal or original application in specific cases a variance, that the burden of proof shall be on the applicant for a variance to prove by a preponderance of the evidence that his application meets the standard for a variance and the criteria set out in this section. Notwithstanding any other provision of law, general or special, a variance shall be granted if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance, and a. The property interest for which the variance is being requested was acquired in good faith -and any hardship was not created by the applicant for the variance; b. The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; c. The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; d. The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and e. The relief or remedy sought by the variance application is not available through a special exception process that is authorized in the ordinance pursuant to Section 15.2-2309 of the Code of Virginia or the process for modification of a zoning ordinance pursuant to Section 15.2-2286 of the Code of Virginia at the time of the filing of the variance application. No variance shall be considered except after notice and hearing as required by Section 1S.2-2204 of the Code of Virginia. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. In granting a variance, the board may impose such conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. Notwithstanding any other provision of law, general or special, the 093 property upon which a property owner has been granted a variance shall be treated as conforming for all purposes under state law and local ordinance; however, the structure permitted by the variance may not be expanded unless the expansion is within an area of the site or part of the structure for which no variance is required under the ordinance. Where the expansion is proposed within an area of the site or part of the structure for which a variance is required, the approval of an additional variance shall be required. (3) To hear and decide appeals from the decision of the zoning administrator after notice and hearing as provided by Section 15.2-2204 of the Code of Virginia. However, when giving any required notice to he owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. (4) To hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary. After notice to the owners of the property affected by the question, and after public hearing with notice as required by Section 15.2-2204 of the Code Virginia, the board may interpret the map in such way as to carry out the intent and purpose of the ordinance for the particular section or district in question. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. The board shall not have the power to change substantially the locations of district boundaries as established by ordinance. (5) No provision of this section shall be construed as granting the board the power to rezone property or to base board decisions on the merits of the purpose and intent of local ordinances duly adopted by the governing body. (6) To hear and decide applications for special exceptions as may be authorized in the ordinance. The board may impose such conditions relating to the use for which a permit is granted as it may deem necessary in the public interest, including limiting the duration of a permit, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. No special exception may be granted except after notice and hearing as provided by Section 15.2-2204 of the Code of Virginia. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. (7) To revoke a special exception previously granted by the board of zoning appeals if the board determines that there has not been compliance with the terms or conditions of the permit. No special exception may be revoked except after notice and hearing as provided by Section 15.2-2204 of the Code of Virginia. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. If a governing body reserves unto itself the right to issue special exceptions pursuant to Section 15.2-2286 of the Code of Virginia, and, if the governing body determines that there has not been compliance with the terms and conditions of the permit, then it may also revoke special exceptions in the manner provided. (8) The board by resolution may fix a schedule of regular meetings, and may also fix the day or days to which any meeting shall be continued if the chairman, or vice-chairman if the chairman is unable to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend the meeting. Such finding shall be communicated to the members and the press as promptly as possible. All hearings and other matters previously advertised for such meeting in accordance with Section 15.2-2312 [of the Code of Virginia] shall be conducted at the continued meeting and no further advertisement is required. C. Appeals. (1) An appeal to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the county or municipality affected by any decision of the zoning administrator or from any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this article or any ordinance adopted pursuant thereto. Any written notice of a zoning violation or a written order of the zoning administrator dated on or after July 1, 1993, shall include a statement informing the recipient that he may have a right to appeal the notice of a zoning violation or a written order within thirty (30) days in accordance with this section, and that the decision shall be final and unappealable if not appealed within thirty (30) days. The appeal period shall not commence until such statement is given. Such appeal shall be taken within thirty (30) days after the decision appealed from by filing with the zoning administrator, and with the board, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. (2) An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board that by reason of facts stated in the permit a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the board or by a court of record, on application and on notice to the zoning administrator and for good cause shown. (3) In no event shall a written order, requirement, decision or determination made by the zoning administrator or other administrative officer be subject to change, modification or reversal by any zoning administrator or other administrative officer after sixty (60) days have elapsed from the date of the written order, requirement, decision or determination where the person aggrieved has materially changed his 35 position in good faith reliance on the action of the zoning administrator or other administrative officer unless it is proven that such written order, requirement, decision or determination was obtained through malfeasance of the zoning administrator or other administrative officer or through fraud. The sixty-day limitation period shall not apply in any case where, with the concurrence of the attorney for the governing body, modification is required to correct clerical errors. (4) In any appeal taken pursuant to this section, if the board's attempt to reach a decision results in a tie vote, the matter may be carried over until the next scheduled meeting at the request of the person filing the appeal. D. Variances. (1) The board of zoning appeals is authorized to grant variances from the strict application of these regulations when a property owner can show that his property was acquired in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of this ordinance, or where by reason of exceptional topographic conditions or extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjacent thereto, the strict application of the terms of this ordinance would unreasonably restrict the utilization of the property, as distinguished from a special privilege or convenience sought by the applicant; provided, that all variances shall not be contrary to the purpose of this ordinance. (2) The board of zoning appeals shall not authorize a variance unless it finds: (A) That the strict application of this ordinance would unreasonably restrict the utilization of the property; (B) That such restriction is not shared generally by other properties in the same zoning district and the same vicinity; (C) That the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance; (D) No such variance shall be authorized except after notice and hearing as required by Sections 15.2-2204(A), 15.2-431 of the Code of Virginia (1950), as amended. (F) No variance shall be authorized unless the board of zoning appeals finds that the condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this ordinance. (F) In authorizing a variance, the board of zoning appeals may impose such conditions regarding the location, character, and other features of the proposed structure for use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. 36 (G) A variance may be issued for a specified duration or an indefinite duration. (H) The granting of a variance does not exempt the applicant from complying with all other requirements of this ordinance or any applicable county, state, or federal law. (3) Whenever the board of zoning appeals disapproves an application for a variance on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the respective board for a period of one (1) year unless the applicant clearly demonstrates that: (A) Circumstances affecting the property which is the subject of the application have substantially changed; or (B) New information is available that could not with reasonable diligence have been presented at a previous hearing. A request to be heard on this basis must be filed with the zoning administrator. Such a request does not extend the period within which an appeal must be taken. (C) The board of zoning appeals may at any time consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered, as determined by the zoning administrator. (4) The burden of presenting evidence sufficient to allow the board of zoning appeals to reach a favorable conclusion, as well as the burden of persuasion on those issues referenced herein, remains the responsibility of the applicant seeking the variance. E. Interpretations. (1) The board of zoning appeals is authorized to interpret the zoning map and to pass upon disputed questions of lot or zoning boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the zoning administrator, they shall be handled as provided in subsection 1-1019.C, appeals. (2) An application for a map interpretation shall be submitted to the board of zoning appeals by filing a copy of the application with the zoning administrator. The application shall contain sufficient information to enable the board to make the necessary interpretation. (3) Where uncertainty exists as to the boundaries of zones as shown on the official zoning map, the following rules shall apply: (A) Boundaries indicated as approximately following the centerline of alleys, streets, highways, streams, or railroads shall be construed to follow such centerline. (B) Boundaries indicated as approximately following lot lines, corporate limits of a municipality and county boundary lines shall be construed as following such lines, limits or boundaries. 37 (C) Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as following such shorelines. (D) Where a zoning boundary divides a lot or where distances are not specifically indicated on the official zoning map, the boundary shall be determined by measurement, using the scale of the official zoning map. (E) Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment. (4) Interpretations of the location of floodway and floodplain boundary lines or boundaries shall be made by the zoning administrator. F. Hearing required on appeals and variances. (1) Before making a decision on an appeal or an application for a variance, the board of zoning appeals shall Fold a Dearing on the appeal or application and shall give due notice to the parties of interest a public notice as required by Sections 15.2-431, 15.2-2204(A) of the Code of Virginia (1950), as amended. (2) The board of zoning appeals shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof as well as due notice to the parties in interest and decide the same within ninety (90) days of the filing of the application or appeal. In exercising its powers the board may reserve or affirm, wholly or partly, or may modify an order, requirement, decision or determination appealed from. The concurring vote of a majority of the membership of the board members shall be necessary to reverse any order, requirement, decision or determination of an administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under the ordinance or to effect any variance from the ordinance. The board shall keep minutes of its proceedings and other official actions, which shall be filed in the office of the zoning administrator and shall be public record. The chairman of the board, or in his absence the vice- chairman, may administer oaths and compel the attendance of witnesses. (3) The hearing shall be open to the public and all people aggrieved by the outcome of the appeal or application shall be given an opportunity to present testimony and ask questions of persons who testify. (4) The board of zoning appeals may continue the hearing until a subsequent meeting and may keep the hearing open to take additional information up to the point a final decision is made. In no event shall a continuance of the hearing extend the time frame for rendering a decision beyond the maximum days permitted by statute and subsection F(2), hearing required on appeals, and variances of this ordinance. G. Appeal of decision of board of zoning appeals. (1) Any person or persons jointly or severally aggrieved by a decision of the board of zoning appeals, or any taxpayer or any officer, department, board or bureau of the county may present to the Circuit Court of the County of Isle of Wight a petition specifying the grounds on which aggrieved within thirty (30) days after the final decision by the board of zoning appeals. (2) Upon the presentation of such petition, the court shall allow a writ of certiorari to review the decision of the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made and served upon the realtor's attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order. (3) The board of zoning appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the ground of the decision appealed from and shall be verified. (4) The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. (5) Costs shall not be allowed against the board, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed therefrom. H. Taxes and fees must be paid. (1) Taxes...... All real estate taxes and any outstanding fees or charges must be current at such time an application is submitted for all variance or appeal. (2) Fees...... An application for a variance or appeal shall be accompanied by the prescribed application fee in accordance with Table 3 (Isle of Wight County Fee Schedule). No application shall be considered complete until the fee is paid. (3) Fees for engineering/consultant review...... If, in the discretion of the county review of any request for a variance or appeal by any outside engineering firm or other consultant expert in the field of the request is deemed necessary, the landowner/applicant shall be required to pay the fee for such review prior to consideration of the request by the county. (7- 7-05; 9-24-09; Ord. No. 2011-14- C, 8-4-11; Ord. No. 2013-3-C, 4-18-13; 11-19-15.) Sec. 1-1020. - Nonconforming situations. A. General description. (1) If, within zoning district classifications established by this ordinance, or amendments subsequently adopted, there exist lots, buildings, structures or uses of land which were lawful prior to the enactment of this ordinance, or subsequent amendments, and which would not conform to regulations and restrictions under the terms of this ordinance or amendments thereto, or which could not be built or used under this ordinance, such nonconformities may continue to exist subject to the regulations contained in this section. M (2) The purpose of this article is to restrict nonconforming buildings, structures, and uses, and to specify those circumstances and conditions under which such nonconforming buildings, structures, and uses shall be permitted to continue. B. Changes in district boundaries...... Whenever the boundaries of a district are changed, any uses of land or buildings, which become nonconforming as a result of such changes shall become subject to the provisions of this section. C. Continuation. (1) Nothing in this ordinance shall be construed to authorize the impairment of any lawful nonconforming situation; except, that land, buildings and structures and the uses thereof which do not conform to the regulations and restrictions prescribed for the district in which they are situated may be continued only so long as the existing or a more restricted use continues and such use is not discontinued for more than two (2) years, and so long as the buildings or structures are maintained in their then structural condition; and that the uses of such buildings or structures are continued in their then intensity and condition; and that the uses of such buildings or structures shall conform to such regulations whenever they are enlarged, extended, are reconstructed or structurally altered; and no nonconforming building or structure may be moved on the same lot or to any other lot which is not properly zoned to permit such nonconforming use. (2) Any lot reduced in area or yard setback to a nonconforming lot by reason of a realignment or dedication of any existing public highway or by reason of a condemnation proceeding, is considered to be a nonconforming lot of record. Any lawful structure on the lot before such reduction in lot size occurs, by which such action is rendered nonconforming, shall be considered a legal nonconforming structure and may continue. However, this provision does not apply to the creation of new streets in a proposed subdivision. (3) Nothing in this section shall be construed to prevent the land owner or home owner from removing a valid nonconforming manufactured home from a mobile or manufactured home park and replacing that home with another comparable manufactured home that meets the current HUD manufactured housing code. In such mobile or manufactured home park, a single -section home may replace a single -section home and a multisection home may replace a multisection home. The owner of a valid nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home, either single -section or multisection, that meets the current HUD manufactured housing code. Any such replacement home shall retain the valid nonconforming status of the prior home pursuant to Section 15.2-2307 of the Code of Virginia. (4) The burden of proof for determining nonconforming status shall be with the applicant. D. Verification of nonconforming uses prior to any changes in nonconforming use or structure. M (1) Prior to the approval of any change in, enlargement, extension, are reconstruction, or structural alteration of, a nonconforming use or structure, the lawful status of the use shall be verified in writing by the zoning administrator. The zoning administrator may also verify in writing the lawful status of a nonconforming use not proposed to change upon the request of the owner of the property on which the use or structure is located or upon the request of a neighboring property owner. (2) In verifying the lawful status of a nonconforming use, the zoning administrator shall determine the following: (A) Whether the use, in fact, is a lawful nonconforming use as defined by this article; and, if so, then: (B) The location and floor area (in square feet) of all buildings associated with the nonconforming use; and (C) The location, use and size of all structures other than buildings associated with the nonconforming use; and (D) The area of land (in square feet) devoted to all aspects of the nonconforming use (including buildings, parking, outside storage, travel ways, open spaces, etc.); and (E) A description of the principal use(s) and all accessory uses that make up the lawful nonconforming use as a whole. (3) Classification of use. If such determination results in the use, or any portion, being verified as a lawful nonconforming use, the zoning administrator shall classify the overall nonconforming use of the property based on the zoning district in which the use would be a permitted use. If the use would be permitted in more than one (1) zoning district, the assigned classification shall be based on the zoning district that is the least intense of all districts where the use would be permitted. The assignment of such a zoning classification shall not operate to change the zoning of the property on which the nonconforming use is located, but shall be used only in determining the applicable criteria for change of the nonconformance use under the provisions of subsection 1-1020.E, permitted changes of nonconforming uses and structures. (4) Basis for the zoning administrator's decision. The decision of the zoning administrator shall be based on information provided by the owner of the property on which the nonconforming use is located, on information provided by other persons with knowledge of the property and on any other information available to the zoning administrator as public record. Such information may include, but shall be limited to, permits, licenses, tax records, receipts, business records, photographs, plats, plans, bills, utility information, assessment information, and sworn affidavits from individuals with personal knowledge of the use and/or the property on which the use is located. E. Permitted changes of nonconforming uses and structures. (1) If the proposed change in use is from an existing nonconforming use to a use that will conform to a use permitted in the zoning district in which the property is located, the property owner must make application for the change in use in accordance with section 5-1003, change in use, and 41 subsection 1-1013.A.(1), zoning permit required and occupancy permit guidelines, in the same manner as authorized to make an initial use of a vacant lot. If, and in the event, conformity of land use with this ordinance is achieved, the property may not later revert to the nonconforming use. (2) If the intended change in use is to a principal use that is permitted by right in the zoning district classification where the property is located, but all of the requirements of this ordinance applicable to that use cannot be complied with, then an exception or waiver, as required by the applicable sections of this ordinance shall be obtained from the appropriate approval authority. In considering such requests, financial hardship shall not be considered as justification for the exception or waiver, if approved. (3) A nonconforming use or structure may be changed, enlarged, extended, are reconstructed or structurally altered only in accordance with the provisions of this article and subject to the appropriate approvals (including, among others, verification of the nonconforming use, site plan approval, building permit approval and zoning approval under this ordinance) otherwise required by law. (4) if a use does not conform to the zoning prescribed for the district in which such use is situated, and if: (A) A business license was issued for such use; and (B) The holder of such business license has operated continuously in the same location for at least fifteen (15) years and has paid all local taxes related to such use; The county shall permit the holder of such business license to apply for a rezoning or a conditional/special use permit without charge by the county or any agency affiliated with the county for fees associated with such filing. F. Repairs and maintenance...... A nonconforming structure may be repaired, provided such repair constitutes only routine maintenance necessary to keep the structure in the same general condition it was in when it originally became nonconforming. G. Expansion/improvements to nonconforming uses and structures. (1) A nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this ordinance, was designed or arranged to accommodate such use, provided, that current parking requirements shall be adhered to upon such extension. (2) Any permitted expansion shall occur only on the lot occupied by the nonconforming use or structure and no area of any lot not originally devoted to the nonconforming use shall be utilized for any aspect of such expansions. (3) A nonconforming structure may be altered to decrease its nonconformity. 42 (4) Minor alterations, cosmetic modifications, interior renovations and similar changes for nonconforming uses or structures may be permitted, subject to the following standards: (A) Any building or structure that is conforming as to use, but is nonconforming as to the requirements of this chapter, including floor area, lot, yard, road frontage, setback, parking, loading spaces, fences, signs or height requirements, may be enlarged or structurally altered, if the alteration or enlargement complies with this article. (B) Such construction shall meet all current use requirements for the zoning district assigned by the zoning administrator as a part of the nonconforming use verification process. (5) A nonconforming single-family detached dwelling may not be expanded, except as provided for in this article. In addition, new or expanded detached residential accessory structures or uses (such as a storage shed, garage, swimming pool, etc.) may be permitted subject to the provisions of this article. Expansion of the dwelling and new or expanded detached accessory structures and uses shall meet all current zoning requirements, including height, yard and setbacks, for the zoning district in which they are located. In no case shall a nonconforming one -family dwelling be modified to accommodate additional dwelling units. (6) For commercial, industrial, other nonresidential uses or residential uses, other than a single-family detached use, where the use is compatible with the proposed land use district as designated by the comprehensive plan, but where the current zoning requirements (including, but not limited to, parking, yards, setbacks, landscaping, screening and buffering, height, signs, lot coverage, connection to public sewer and water) are not met, expansion of the building, and expansion of the land area within the lot devoted to activities other than buildings, may be approved, provided all current zoning requirements applicable to the expansion are met. (A) A one-time exempt ion may be granted by the zoning administrator for properties located in the Highway Corridor Overlay District in accordance with subsection 6-1005.D. (7) For commercial, industrial and other nonresidential uses not connected to public water and sewer, where the expansion of a use compatible with the proposed land use district as designated by the comprehensive plan, and meeting all zoning requirements except for connection to public water and sewer, expansion of buildings and the land area within the lot devoted to activities other than buildings may be permitted subject to a waiver granted by the board of supervisors upon recommendation from the planning commission. (8) Existing commercial, industrial and other nonresidential uses compatible with the proposed land use district as designated by the comprehensive plan, and which have been made nonconforming with respect to open space, perimeter landscape requirements or setback requirements as a result of a right-of-way dedication to the County or the Virginia Department of Transportation without compensation shall be allowed to expand the buildings and the land area devoted to the activity only to the 43 extent that would have been permitted under the ordinance requirements prior to the dedication. (9) Improvements may be made to a nonconforming use or structure for the sole purpose of accessibility or public safety when such improvements are necessitated by a local, state, or federal law. Such improvements may be approved by the zoning administrator and are not subject to items (3), (4) and (5) of subsection 1-1020.G. H. Restoration or replacement. (1) A residential or commercial nonconforming structure damaged or destroyed by a natural disaster, casualty, or other act of God, may be repaired, rebuilt or replaced to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance. If such building is damaged greater than fifty percent (50%) and cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner of the property shall have the right to do so. The owner shall apply for a zoning and building permit and any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the Uniform Statewide Building Code and any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the Floodplain Management Overlay District as contained in article VI of this ordinance. Unless such building is repaired rebuilt or replaced and construction completed within two (2) years of the date of the natural disaster, casualty, or other act of God, such building shall only be repaired, rebuilt or replaced in accordance with the provisions of subsection H.(2) below. However, if the nonconforming building is in area under a federal disaster declaration and the building has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, an additional two (2) years shall be provided for the building to be repaired, rebuilt or replaced as otherwise provided in this paragraph. (A) 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 rebuild the replacement residence. (2) "Casualty" shall mean as result of a fire or other cause beyond the control of the owner or by an act of nature, and shall not be caused by age or ordinary wear and tear or damage intentionally caused by the owner or an agent thereof. For purposes of this section, "act of God" shall include any natural disaster or phenomena including a hurricane, tornado, storm, flood, high water, wind -driven water, tidal wave, earthquake or fire caused by lightning or wildfire. For purposes of this section, owners of property damaged by accidental fire have the same rights to rebuild such property as if it were damaged by an act of God. Nothing herein shall be construed to enable the property owner to commit an arson under Section 18.2-77 or 18.2-80 of the Code of Virginia, and obtain vested rights under this section. (3) All other nonconforming uses or structures destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before such an occurrence shall exceed fifty percent (50%) of the current replacement value of the structure at the time of damage, it shall be restored only if it complies with the requirements of this ordinance. (A) When such use or structure is damaged less than fifty percent (50%) of the cost of reconstructing the entire use or structure, it may be repaired or restored; provided, any such repair or restoration is started within twelve (12) months and completed within eighteen (18) months from the date of partial destruction. (4) The cost of land or any factors other than the cost of the structure are excluded in the determination of cost of restoration for any structure or activity devoted to a nonconforming use. (5) Nonconforming uses other than buildings and signs (such as, but limited to, underground storage tanks, private sewage disposal systems and parking lots) may be restored or replaced when such structures become unsafe or unsound. A relocation on the same lot may be approved by the zoning administrator, provided the new location is less nonconforming than the original location, and further provided that the new location shall not cause a greater detrimental impact on conforming uses in the neighborhood. (6) Such restoration shall not include any minor alterations, cosmetic modifications, interior renovations or similar changes unless approved under the provisions of subsection 1-1020.G, expansion/improvements to nonconforming uses and structures, of this article, nor shall such restoration include any expansion unless approved under the provisions of subsection 1-1020.G, expansion/improvements to nonconforming uses and structures Such restoration may include changes that make the use less nonconforming than it was prior to the casualty. (7) Redevelopment of a site which is nonconforming as to lot coverage standards shall be permitted to maintain lot coverage on site equal to or less than the existing impervious coverage on site at the time of redevelopment, provided that the post -development stormwater runoff shall meet the quality and quantity requirements or the County Chesapeake Bay Preservation Area Ordinance and stormwater management regulations. 1. Moving a nonconforming use or structure...... No structure used as part of a nonconforming use shall be moved to any other lot unless such lot is properly zoned to permit the use, nor shall such a structure be moved within the lot on which it exists, unless a relocation is specifically provided for in other sections of this article. J. Certifications. (1) The construction or use of a nonconforming building or land area for which a zoning permit was issued legally prior to the adoption of this ordinance may proceed, provided such building is complete within one (1) year or such use of land is established within thirty (30) days after the effective date of this ordinance. K. Undeveloped nonconforming lots. 45 (1) This section applies only to undeveloped nonconforming lots. A lot is undeveloped if it has no principal building upon it or if there is a principal building upon it which is physically unsafe or unlawful due to lack of repairs and maintenance and is declared by a duly authorized official to be unsafe or unlawful by reason of physical condition. A change in use of a developed nonconforming lot may be accomplished in accordance with section 5-1003. (2) When a nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is nonconforming as to the lot area, lot width and/or frontage, or lot depth, or a combination thereof, required by the zoning district, unless specifically prohibited, the lot may be used as proposed just as if it were conforming, provided all other requirements of the zoning district are met or the board of zoning appeals establishes setbacks in accordance section 1-1019, provisions for appeals, variances, interpretations. (A) If a lot lacks street frontage, it must be documented that the lot has an unrestricted right of ingress and egress to a public street. (3) For undeveloped lots zoned for commercial, industrial and other nonresidential uses located in the Highway Corridor Overlay District, the board of supervisors upon recommendation from the planning commission may grant exemptions , whether partial or total, from Highway Corridor Overlay provisions in accordance with subsection 6- 1005.1), exemptions to the Highway Corridor District Requirements. (4) If two (2) or more undeveloped lots or combinations of lots with continuous frontage under the same ownership are of record at the same time of passage or amendment of this article, and if all or part of the lots do not meet the requirements established for lot area and width, the lands involved shall be considered to be an unsubdivided parcel for the purposes of this article, and no portion of said parcel shall be used or sold in a manner diminishing compliance with the area and width requirements applicable to such nonconforming lot. This subsection shall not apply to a nonconforming lot if it is determined that a majority of the developed lots located on either side of the street where such nonconforming lot is located and within five (500) hundred feet of such lot are also nonconforming. The intent of this subsection is to require nonconforming lots to be combined with other undeveloped lots to create conforming lots, but not to require such combinations when it would be clearly out of character with the manner in which the neighborhood had previously been developed_ L. Abandonment and discontinuance of nonconforming situation. (1) In the event a nonconforming use ceases for a period of two (2) years or more, then the nonconforming use shall be deemed abandoned and compliance with this ordinance shall be required. The casual, temporary or illegal use of land or structure does not establish the existence of a nonconforming use. (2) When a structure or use made nonconforming by this ordinance is vacant or discontinued at the effective date of this ordinance, the two- year period for purposes of this article begins to run on the effective date of this ordinance. (7-7-05; 9-24-09; 10-20-16.) Sec. 1-1021. - Public notification for amendments, conditional zoning, conditional or special use permits, variances, manufactured home family member residences, and gunsmith home occupations. A. Publication of notice...... The zoning administrator, upon acceptance of any application, shall cause a notice of the public hearing to be published. Public newspaper notice of the time and place of such hearing, together with a summary describing the proposed application shall be published in at least one (1) newspaper of general circulation in Isle of Wight County once each week for two (2) successive weeks in accordance with Section 15.2-2204(A) of the Code of Virginia (1950), as amended. B. Written notice to adjoining property owners. 1. Map amendments...... In the case of proposed map amendments, the zoning administrator shall send written notice to adjoining property owners, whether separated by streets, railroads or other rights-of-way, of the time, date, place and nature of the public hearing, at least ten (10) days. 2. Conditional use permits. a. Before an application for a conditional use may be heard by the planning commission, a complete and accurate list of the names and addresses of the owners of all the lands adjoining and within a radius of two hundred (200) feet of the property affected by such application shall be prepared by the zoning administrator. b. The zoning administrator shall send, by mail, to each owner shown on said list, at least ten (10) days before the date set for a hearing upon such application, a notice addressed to such owners generally, identifying the property affected thereby, and setting forth the conditional use requested and the date, hour and place fixed by the planning commission for the hearing thereon. This provision shall likewise apply to any application for the extension of a temporary conditional use. C. Posting of signs. 1. In addition to notice of public hearings as required by the applicable statues of the Commonwealth of Virginia, the applicant for amendments, conditional zoning, conditional or special use permits, variances, manufactured home family member residences and gunsmith home occupations shall erect on or immediately adjacent to such property a sign or signs as specified herein giving public notice of the zoning action required. 2. The sign must meet the following criteria: a. The wording, size and color of such sign shall be as specified by the zoning administrator and approved by the board of supervisors. 47 b. One (1) sign shall be erected so as to be visible and legible to each abutting public street. Where the property has extensive road frontage, one (1) sign shall be erected for each five hundred (500) feet of frontage. When a property has no frontage directly on a public street, it shall be posted adjacent to the nearest public street from which future access is contemplated. c. Such signs shall be erected not less than seven (7) calendar days before any public hearing of which they give notice and removed by the applicant within two (2) days after the final public hearing before the action of the board of supervisors on said application. 3. Such signs shall be required for each public hearing at which the application is considered. It shall be unlawful for any person to pull down, write on, cut or otherwise injure or deface such public notice, which will constitute violation of this ordinance. a. The applicant shall be responsible for the maintenance or replacement of signs obliterated or destroyed during the posting period. b. The zoning administrator may require the applicant to deposit with the county a cash bond equal to the replacement value of the sign(s). D. [Addition requirements.] ..... The additional requirements for public notice and posting on the property is for the benefit of the public to identify the location of the property in question only and to have advanced knowledge of a hearing and is not a legal requirement of notice and the failure to comply with the provisions herein shall not defeat the action of the board of supervisors concerning the application. The only legal notice requirements shall be those provided by the statutes of the Commonwealth of Virginia. (7- 7-05, 3-20-14.) Article II. - Interpretations and Basic Definitions. Sec. 2-1000. - Purpose. It is the purpose of this article to define words, terms, and phrases contained within this ordinance. (7-7-05; 11-19-15.) Sec. 2-1001. - Word usage. Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this ordinance. To amplify and clarify all provisions of this ordinance, the following rules shall apply: A. Words used in the present tense shall include the future tense; words used in the singular number shall include the plural number, and the plural number shall include the singular number, unless the obvious construction of the wording indicates otherwise. B. The word "shall" is mandatory and not discretionary. C. The word "may" is permissive. 48 D. The word "lot" shall include the words "piece," "tract", "parcel" and "Plots;" the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrase "arranged for" and "occupied for." E. All "measured distances" shall be rounded to the nearest "integral foot." F. The word "person" includes individuals, firms, corporations, associations, trusts, and any other similar entities. G. The word "county" shall mean Isle of Wight County, Virginia. H. The words "recorder" and "recorder of deeds" shall mean the Isle of Wight County Clerk of the Circuit Court. I. In case of any difference of meaning or implication between the text of this ordinance and any caption, illustration, or table, the text shall control. J. The masculine gender shall include the feminine, and the feminine gender shall include the masculine. In instances where a word is not defined in this chapter, the zoning administrator has the authority to interpret its meaning. In such cases the zoning administrator shall refer to the latest edition of Webster Collegiate Dictionary for the definition. Words currently defined in this chapter shall not be disputed. (7-7- 05; 11-19-15.) 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 systema 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 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. Attica The area between roof framing and the ceiling of the rooms below that is not habitable, but may [be] 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 50 vehicles within an existing lot or facility shall not render this definition inapplicable. (See also scrap and salvage services in section 3-7000.) Base density.\ The maximum number of dwelling units permitted outright by a particular land -use classification. Base flood\ The flood having a one -percent chance of being equaled or exceeded in any given year. Base flood elevation.\ The Federal Emergency Management Agency designated one -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 -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 buffervard. 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. 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; the average height of the top of the cornice of flat roofs, the deck line of a mansard 51 roof, 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. Illustration of Building Heiqht T l height to middle height of to top of cornice hiehest eable or dormer to deck line Fncneo or nippea 11001 it Building linea 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.D, 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 landscape 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 (02) 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. 52 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) continuous area of coverage, measured fifteen (15) years from the date of installation. Carport.\ A permanent roofed structure not more than seventy-five percent (75%) 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 V1-30, 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 53 of conditional use approval by the board of supervisors imposing such conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity. Deck.\ 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 lot.\ 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. Dock, or Pier.\ Any structure extending into a body of water and used for landing or launching watercraft, for fishing or for otherwise providing access to the water. Dripline.\ 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. Elevation.\ A vertical distance above or below a fixed reference point. 54 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 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 55 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).\ 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 study.\ An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, mudslide hazards and/or flood -related erosion hazards. Floodplain.\ 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 area.\ Any land area susceptible to being inundated by water from any source (see definition of flooding). Floodproofing.\ 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. 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 56 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. Garage, or Yard Sale.\ A sale of used household or personal articles which are normally and customarily used or kept on a residential premises (such as furniture, tools, or clothing) held on the seller's own premises. Such items shall not have been specifically purchased or crafted for resale. 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. 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 57 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. Internet Sweepstakes Cafe.\ Any principal business enterprise, where persons utilize electronic machines including, but not limited to, computers and gaming terminals to conduct games of chance (including sweepstakes) and where cash, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. This definition includes, but is not limited to, internet sweepstakes, video sweepstakes, electronic gaming operations, internet cafes, and/or cybercafes. 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.) 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. WN Light trespass.\ 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 limited 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 area.\ 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. Lot linea A line dividing one (1) lot from another lot or from a street or alley. Lot line, front.\ On 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 lot 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 line. 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. 5 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 § 50.3. 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 length, 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 streets, and either final site grading or the pouring of concrete pads) is completed on or after 08/19/1991. 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 molding 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), 08/19/91, 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 Z1 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 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 parka 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 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. 61 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. 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 maybe amended. Photometric plan.\ A diagram consisting of lines showing the relative illumination in foot candles from a light 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.\ 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. 62 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. 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 systema 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 limited 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 plana 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. 63 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 linea 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 plana 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. 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, 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.\ 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 (%) of the floor area is finished off for use other than storage. 65 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. 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 percent (50%) 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 percent (50%) 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; 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 67 with an ordinance adopted pursuant to Section 15.2-503 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 (4%Z) 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%:) 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. Use.\ 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. 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 and/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. 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 line.\ 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." (7-7-05; 8-20-09; 11-4- 09; Ord. No. 2013-1-C, 4-18-13; 3-20-14; 5-19-14; 8-21-14; 11-19-15; 8-18-16; 11- 17-16.) Article III. - Use Types. Sec. 3-1000. - Purpose. The purpose of the use types is to establish a classification system for land uses and a consistent set of terms defining uses permitted within various zoning districts. The use types section also facilitates the process of determining the applicable use type of any activity not clearly within any defined use type. The use type categories are as follows: agricultural, residential, civic, office, commercial, industrial, and miscellaneous. (7-7-05.) Sec. 3-1001. - Interpretation. A. In the event of any question as to the appropriate use type of any existing or proposed use or activity, the administrator shall have the authority to determine the appropriate use type. In making such determination, the zoning administrator shall consider the operational and physical characteristics of the use in question. In addition, the administrator shall consider the specific requirements of the use in common with those included as examples of use types. Those examples, when included in use type descriptions, are intended to be illustrative, as opposed to exclusive lists. The administrator may also determine that a proposed use or activity is sufficiently different from any use type listed below and will require an amendment to the text of this ordinance. B. The zoning administrator shall make such determinations of appropriate use types in writing, which shall include an explanation of the reasons for the determination. C. A determination of the zoning administrator may be appealed to the board of zoning appeals pursuant to the procedures for administrative appeals outlined in section 1-1019, provisions for appeals, variances and interpretations. (7-7-05.) Sec. 3-2000. - Agricultural use types. Agricultural crop service tower and antenna.\ A structure on which an antenna or dish is installed as part of an agricultural operation. Agricultural farm equipment sales and service.\ The sale or rental of new and/or used farm, forestry, and construction equipment, displayed and sold on the premises. This definition also includes repair and service of such equipment. Agricultural farm product processing, warehousing and distribution service.\ Facility where farm products are brought in from other farms not owned by the facility owner or operator where the products are kept for storage, processing and/or distribution, including refrigerated warehousing. This definition shall include cotton gins, peanut buying stations, granaries, and soybean buying stations, but shall not include the storage and/or processing or distribution of livestock. Agricultural feed seed and farm supply service.\ An establishment where feed, seed, animal and agricultural supplies are primarily sold in bulk quantities. Agricultural service/agent.\ An establishment primarily engaged in providing services specifically to the agricultural community which is not directly associated with a farm operation. Included in this use type would be servicing of agricultural equipment, independent equipment operators, and other related agricultural services. Agriculture.\ The use of land for the production of food and fiber, including horticulture, hydroponics, truck gardens, cultivation of field crops, nurseries, orchards, viticulture, livestock operations, dairy farms, and the use of heavy cultivating machinery, and irrigation machinery. This definition shall also include the following uses as accessory uses: grain dryers and related structures, the 70 storage of fertilizer, the storage of petroleum, agricultural service towers and antennas, and the repair of personal farming equipment. 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. (See Article IV, (Zoning District and Boundaries), Part 2A. (Agritourism), Section 2A003. (Agritourism Activities) for a list of permitted activities.) Aquaculture.\ land or activities devoted to the hatching, raising, harvesting and breeding of fish, shellfish and aquatic plants for sale. Aquaculture, waterfront business.\ Commercial waterfront activities devoted to the hatching, raising, harvesting and breeding of fish, shellfish and aquatic plants for sale. This use shall also include a commercial fishing pier open to the general public. Commercial feedlot.\ A lot, yard, structure, corral or other area subject to any applicable regulations administered and enforced by the Virginia Department of Environmental Quality in which livestock is confined, primarily for the purpose of feeding, growing, raising, holding, and birthing, prior to slaughter or sale. Included in this description are commercial feedlots, commercial poultry houses, and other similar intensive livestock operations. Fair, agricultural.\ Public event usually outside where agricultural goods, exhibits, and farm animals are shown and sold, and where there is often food and entertainment. Farm employee housing.\ A manufactured home, Class A or B, as defined under residential use types, located on a farm for the purpose of housing an employee of that farm operation and his/her family. Also included in this use type would be multifamily dwelling(s) for seasonal employees in connection with an agricultural use, which relies on seasonal employees who must be housed. Farmer's market.\ A market held in a structure or open area for the sale of seasonal produce such as meat, fish, fruits, vegetables, flowers and plants. Forestry operation, silvicultural and/or timbering.\ The development or maintenance of a forest or woodland area under a forest management plan. Included are establishments in the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or other silvicultural activities, as defined in Article 10.1, Section 1181.1 of the Code of Virginia. Greenhouse, commercial.\ See "garden center" listed under commercial use types. Greenhouse, private.\ The growing and storage of garden plants, shrubs, trees, flowers, vegetables, and other horticultural and floricultural products within a building whose roof and sides are made of glass or other transparent or translucent material. Items grown are used and/or consumed by the occupants of the premises. Livestock auction market.\ A commercial establishment wherein livestock is collected for sale and auction. 71 Reptile breeding.\ Activities devoted to breeding a wide variety of reptiles, including turtles, snakes and lizards to pet or commercial markets. Roadside stand.\ See "wayside stand." Sawmill, Private.\ A facility used on a temporary or permanent basis where logs or partially processed cants produced from the property are sawn, split, shaved, stripped, chipped or otherwise processed to produce wood products exclusively for the personal use of the owner or occupant of the property. Stable, commercial.\ The boarding, breeding or raising of horses or ponies not owned by the owner or occupant of the property or riding of horses by other than the owner or occupant of the property and their non-paying guests. Included in this definition are riding academies. A stable/tack shop is also included in this use type as an accessory use. Stable, private.\ The keeping, breeding or raising of horses or ponies exclusively for the personal use and enjoyment of the owner or occupant of the property or the riding of horses or ponies by the owner or occupant of the property and their guests. Viticulture.\ The cultivation and study of grapes and grapevines. Wayside stand.\ A structure erected on the occupant's property used for the sale of agricultural or horticultural produce, livestock or merchandise produced on the farm by the owner or his family. (7-7-05; Ord. No. 2011-11-C, 7-7-11; 9-17- 15.) Sec. 3-3000. - Residential use types. Accessory apartment.\ An accessory dwelling unit on the same lot as a single- family detached dwelling or a commercial use that is clearly incidental and subordinate to the main use or a separate, complete dwelling unit that is substantially contained within the structure of, and clearly secondary to, a single- family dwelling. Apartment house.\ See "multifamily dwelling." Boathouse.\ An accessory structure which is constructed either wholly or partially over a body of water, which is designed primarily to provide shelter for water craft or for marine related equipment, for the personal enjoyment of the occupants of the property. Community recreation.\ A recreational facility for use solely by the residents and guests of a particular residential development, planned unit development, or residential neighborhood, including indoor and outdoor facilities. These facilities are proposed or planned in association with development and are usually located within or adjacent to such development. Such uses may include clubhouses, swimming pools, workout facilities, and tennis courts. Condominium.\ A building or group of buildings containing three (3) or more residential units in which the units are owned individually and the structure, common areas and facilities are owned by all of the owners on a proportional, undivided basis and which has been created by the recordation of condominium instrument pursuant to the provision of Chapter 4.2 of Title 55 of the Code of Virginia. 72 Congregate Housing.\ A type of housing in which each individual or family has a private bedroom or living quarters but shares with other residents a common dining room, recreational room, or other facilities. Dwelling, multifamily conversion.\ A multifamily dwelling containing not more than four (4) dwelling units and results from the conversion of a single building containing at least two thousand (2,000) square feet of floor area that was in existence on the effective date of this ordinance and that was originally designed, constructed and occupied as a single-family residence. Dwelling, single-family.\ A one -family dwelling unit which is surrounded on all sides by yards or other open pace located on the same lot and which is not attached to any other dwelling by any means. Dwelling, single-family, farm.\ A one -family dwelling unit which is surrounded on all sides by yard or other open space located on the same lot and which is not attached to any other dwelling by any means, and is located on a lot or parcel containing at least ten (10) acres. Dwelling, two-family.\ A structure arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units on the same lot. This use also includes duplexes. Family day care home.\ A child day care program offered in the residence of the provider or in the residence of any of the children being cared for and serving six (6) through twelve (12) children under the age of thirteen (13), exclusive of the provider's own children and any children who reside in the home, when at least one (1) child receives care for compensation. Caring for five (5) or less children shall be considered babysitting as a home occupation. Group home.\ A residential facility, as defined in Section 15.2-2291 of the Code of Virginia, in which no more than eight (8) mentally ill, mentally retarded, or developmentally disabled persons reside, with one (1) or more resident or non- resident staff persons which will be considered as residential occupancy by a single family. Mental illness and developmental disability shall not include current illegal use or addiction to a controlled substance as defined in Section 54.1-3401 of the Code of Virginia. Any use not meeting the definition of "group home" a herein stated, shall require a special use permit pursuant to section 1-1018 of this ordinance. Guest house.\ Dwelling or lodging units for a temporary nonpaying guest or guests in a separate accessory building. Home occupation, Type I.\ An accessory use of a residence for gainful employment involving the provision of goods and/or services in accordance with subsection 5-5002.1, and which affords the greatest degree of protection to surrounding residents in those areas which are developing and becoming more suburban in nature. Home occupation, Type II.\ An accessory u se to a residence for gainful employment involving the provision of goods and/or services in accordance with subsection 5-5002.1, and which are associated with the more traditional agricultural and forestry related activities found in the rural areas. Kennel, private.\ The keeping, breeding, raising, showing or training of dogs for personal enjoyment of the occupants of the property, and for which commercial gain is not the primary objective. 73 Manufactured home, Class A.\ A manufactured home, commonly referred to as a "doublewide," constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect as the time of construction. Manufactured home, Class B.\ A manufactured home, commonly referred to as a "singlewide," constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction. Manufactured home, Class C.\ Any manufactured home, usually consisting of a "singlewide," but also includes "doublewide", constructed before July 1, 1976. Manufactured home, family member residence.\ A manufactured home, Class B located on a lot or parcel with an existing single-family dwelling. The inhabitant of the manufactured home is a family member of the owner of the existing single- family dwelling. Manufactured home, temporary residence.\ A manufactured home, Class B (single- wide) used temporarily during the construction, repair or renovation of a permanent residential structure on a single lot or parcel. Manufactured home parka A residential use in which more than one (1) manufactured home is located on a single lot or tract of land. Manufactured home subdivision.\ A subdivision especially designed and improved to accommodate manufactured homes and in which lots are sold for occupancy by manufactured homes. Multifamily dwelling.\ A building or portion thereof, which contains three (3) or more dwelling units for permanent occupancy, regardless of the method of ownership. Included in the use type would be garden apartments, low and high- rise apartments, and apartments for elderly housing. Temporary emergency housing.\ A manufactured home, Class B or recreational vehicle used temporarily for a period of reconstruction or replacement of an uninhabitable dwelling lost or destroyed by fire, acts of nature or used temporarily as housing relief to victims of declared disaster. Townhouse.\ A grouping of two (2) or more attached single-family dwellings in a row in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more common fire-resistant walls. (7-7-05; 7-17-14; 12-15-14.) 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 living 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 who are aged, infirm or disabled and who are 74 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. Crisis center.\ 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. VIR Educational facility, college/university.\ An educational institution authorized by the Commonwealth of Virginia to award associate, baccalaureate or higher degrees. Educational facility, prima ry/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. Park and ride facility.\ 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.\ Facility for the conduct of safety and emergency services for the primary benefit of the public, whether publicly or privately owned 76 and operated, including police and fire protection services, emergency medical and ambulance services, and helicopter landing sites. Religious assembly.\ 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.\ 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.\ 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 service/majora 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; 11-17-16.) Sec. 3-5000. - Office use types. Financial institution.\ Provision of financial and banking services to consumers or clients. Walk-in/drive-in services to consumers are generally provided on site. Typical uses include banks, savings and loan associations, saving banks, credit unions and lending establishments. General office.\ Use of a site for business, professional, or administrative offices, excluding medical offices. Typical uses include real estate, insurance, management, travel or other business offices; organization and association offices; or law, architectural, engineering, accounting or other professional offices. Laboratory.\ Establishment primarily engaged in performing research or testing activities into technological matters. Typical uses include engineering and environmental laboratories, medical, optical, dental and forensic laboratories, x- ray services, and pharmaceutical laboratories only involved in research and development. Excluded are any laboratories which mass produce one (1) or more products directly for the consumer market. Medical office.\ Use of a site for facilities which provide diagnoses, minor surgical care and outpatient care on a routine basis, but which does not provide overnight care or serve as a base for an ambulance stop. Medical offices are 77 operated by doctors, dentists, or similar practitioners licensed by the Commonwealth of Virginia. Such uses shall not exceed ten thousand (10,000) square feet of floor area. (7-7-05.) 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, drug paraphernalia store, and internet sweepstakes cafe. 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, 79 electrical, masonry, painting, metalworking, flooring installation, ductwork, plumbing, heating, au conditioning, roofing, and other similar trades. Convenience store.\ Establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, limited household supplies and hardware. Crematorium.\ A location used for cremation containing properly installed, certified apparatus for this process. Dance hall.\ Any establishment open to the general public where dancing is permitted and a cover charge is directly or indirectly required for entry into the establishment. However, a restaurant licensed to serve food and beverages having a dance floor with an area not exceeding ten percent (10%) of the total floor area of the establishment shall not be considered a dance hall. Equipment sales and rental.\ Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, and similar industrial equipment. Included in this use type is the incidental storage, maintenance, and servicing of such equipment. Event center.\ A multipurpose facility with flexible indoor/outdoor space, typically used for activities such as weddings, conventions, meetings, job fairs, and trade shows. Flea market.\ Occasional or periodic commercial activities held in an open area or enclosed structure where groups of sellers rent space on a short-term basis to display, barter, or sell goods to the general public. A fee may be charged for expected buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise. A flea market is composed of semi- closed or outdoor stalls, stands, or spaces. Funeral home.\ Establishments engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals. This use excludes crematorium, which is defined separately. Garden center.\ Establishments engaged primarily in the retail sale of trees, shrubs, seeds, fertilizers, pesticides, plants, plant materials, and garden supplies, primarily for agricultural, residential and commercial consumers. Gasoline station.\ A facility for the retail sale of motor vehicle fuels, oils, and accessories, where repair is incidental, where no more than two (2) abandoned vehicles or other motor vehicles shall be stored on the premises. May include the sale of propane or kerosene as an accessory use. General store, country.\ A single store, the ground floor area of which is four thousand (4,000) square feet or less and which offers for sale, primarily, most of the following articles: bread, milk, cheese, candy, papers and magazines, and general hardware articles. Gasoline may also be offered for sale but only as a secondary activity of a country general store. Golf course.\ A tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters. Included would be executive or par three (3) golf courses. Golf driving range.\ A limited area on which golf players do not walk, but onto which they drive golf balls from a common driving tee. Hospital.\ A building or group of buildings having room facilities for one (1) or more patients, used for providing services for the inpatient medical or surgical care of sick or injured humans and which may include related facilities such as laboratories, outpatient departments, training facilities, central service facilities, ambulance stops and helicopter landing sites, and other incidental and subordinate uses integral to hospital operations. Hospital, special care.\ A special care hospital shall mean an institution rendering care primarily for patients with mentally-related illness, or under treatment for alcoholism, substance abuse, etc. Hotel/motel/motor lodge/inn.\ A building or group of attached or detached buildings containing lodging units intended primarily for rental or lease to transients by the day or week. Such uses generally provide additional services such as daily maid service, restaurants, taverns, or public banquet halls, ballrooms, and meeting rooms and/or recreation facilities. Kennel, commercial.\ The boarding, breeding, raising, grooming or training of two (2) or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises. Laundry.\ Establishments primarily engaged in the provision of laundering, cleaning or dyeing services other than those classified as personal services. Typical uses include bulk laundry and cleaning plants, diaper services, or linen supply services. Lawn and garden services.\ Establishments primarily engaged in performing a variety of lawn and garden services, including Bermuda sprigging services, cemetery upkeep, garden maintenance, garden planting, lawn care, lawn fertilizing services, lawn mowing services, lawn mulching services, lawn seeding services, lawn spraying services, lawn sprigging services, mowing highway center strips and edges, seeding highway strips, sod laying and turf installation. Manufactured home sales.\ Establishment primarily engaged in the display, retail sale, rental, and minor repair of new and used manufactured homes, parts, and equipment. Marina.\ A use for docking or mooring of more than four (4) boats (excluding paddle or rowboats) or providing services to boats, including servicing and repair, sale of fuel and supplies, and provisions of lodging, goods, beverages. A yacht or boat club shall be considered a marina. Medical clinic.\ A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis including emergency treatment, diagnostic services, training, administration and services to outpatients, employees, or visitors. This use may include ambulance stops, helicopter landing sites, and other incidental and subordinate uses integral to providing outpatient care. This would include medical offices in excess of ten thousand (10,000) square feet of floor area. Micro-brewery, distillery, cidery.\ See "Brewery, distillery, cidery" listed under industrial use types. A micro-brewery, distillery, cidery shall not exceed fifteen thousand (15,000) barrels per year in production. Mini-warehouse.\ A building designed to provide rental storage space in cubicles where each cubicle has a maximum floor area of four hundred (400) square feet. Each cubicle shall be enclosed by walls and ceiling and have a separate entrance for the loading and unloading of stored goods. Motor vehicle dealership, new.\ The use of a building, land area or other premises for the display of new and used automobiles, trucks, vans, or motorcycles for sale or lease, including warranty repair work and other major and minor repair service conducted as an accessory use. Motor vehicle dealership, used.\ Any lot or establishment where two (2) or more used motor vehicles, including automobiles, trucks, and motorcycles are displayed at one (1) time for sale or lease, including warranty repair work and other major and minor repair service conducted as an accessory use. Motor vehicle/outdoor storage.\ The outdoor storage of operable motor vehicles, and boats. Motor vehicles in this use shall include cars, trucks, sports utility vehicles, motorcycles, boats, motor homes or RVs. This use shall specifically include vehicle impound areas for operable vehicles. Motor vehicle parts/supply, retail.\ Retail sales of automobile parts and accessories. Typical uses include automobile parts and supply stores which offer new and factory rebuilt parts and accessories, and include establishments which offer minor automobile repair services. Motor vehicle/rental.\ Rental of motor vehicles and light trucks and vans, including incidental parking and servicing of vehicles for rent or lease. Typical uses include auto rental agencies and taxicab dispatch areas. Motor vehicle repair service/majora Repair of construction equipment, commercial trucks, agricultural implements and similar heavy equipment, including automobiles, where major engine and transmission repairs are conducted. Typical uses include automobile and truck repair garages, transmission shops, radiator shops, body and fender shops, equipment service centers, machine shops and other similar uses where major repair activities are conducted. Motor vehicle repair service/minora Repair of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. Typical uses include tire sales and installation, wheel and brake shops, oil and lubrication services, automobile glass repair and similar repair and service activities where minor repairs and routine maintenance are conducted. Pawn shop.\ A use engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker and the incidental sale of such property. Personal improvement service.\ Establishment primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include driving schools, health fitness centers or gyms, reducing salons, dance studios, handicraft and hobby instruction, and baseball and basketball instruction facilities. Personal service.\ Establishment or place of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops; grooming of pets; seamstresses, tailors, or shoe repairs; florists; and laundromats and dry cleaning stations serving individuals and households, massage therapy and chiropractic services. RE Real estate office, temporary.\ A Class A or B manufactured home, single- family home or other structure used on a temporary basis as a real estate sales office in conjunction with residential development. Recreational vehicle sales and service.\ Retail sales of recreational vehicles and boats, including service and storage of vehicles and parts and related accessories. Restaurant, drive-in fast food.\ An establishment primarily engaged in the preparation of food and beverages, for either take-out, delivery or table service, primarily served in disposable containers at a counter, a drive -up or drive-through service facility or offers curb service. Restaurant, general.\ An establishment engaged in the preparation of food and beverages. This use is characterized by table service to customers in nondisposable containers. Retail sales.\ Sale or rental with incidental service of goods and merchandise for personal or household use which is not otherwise specifically described in the listing of commercial use types contained herein. Such uses include bakeries, drug stores, bookstores, furniture, gifts, hardware, grocery stores, clothing stores, and floral retail shops. Studio, fine arts.\ A building, or portion thereof, used as a place of business for visual art, which may include sculptors, artists or photographers. 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 hospital/clinic.\ Any establishment rendering surgical and medical treatment of animals. Boarding of animals shall only be conducted indoors, on a short-term basis, and shall only be incidental to such hospital/clinic use, unless also authorized and approved as a commercial kennel. Wholesale sales.\ Businesses engaged in the sale of goods primarily via mail order to other businesses and/or businesses engaged in the repackaging and resale of goods. Included in this use type are businesses that publish and operate mail order catalogues and wholesale operations that buy in large quantities for repackage or resale to mail order and internet sales customers. This use shall exclude warehousing and distribution, which is regulated as a separate use. (7 -7 - RN 05; 8-21-08; 12-18-08; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-4-C, 4-18-13; 6-19-14; 7-17-14; 5-19-16; 11-17-16.) 4 Sec. 3-7000. - Industrial use types. Abattoir or livestock processing.\ The use of land for the slaughter of livestock, including cattle, sheep, swine, goats and poultry, as a service, and from which there is sold no meat or other product of such slaughter other than materials generally considered inedible for humans and which are generated as waste and/or by-products of such slaughter, including, but not limited to, blood, bones, viscera, Bides, etc., which may be sold for purposes of removal from site. Asphalt or concrete planta An establishment engaged in manufacturing or mixing of paving materials derived from asphaltic mixtures of tar or establishments primarily engaged in (1) manufacturing portland, natural, masonry, pozzolanic, and other hydraulic cements; (2) acting as batch or mixing plants, producing concrete to be delivered to the customer in a plastic and unhardened state; (3) manufacturing concrete pipe brick, and block; and (4) manufacturing other concrete products (except block, brick, and pipe). Brewery, distillery, cidery.\ An establishment for the production and packaging of alcoholic beverages, such as beer, liquor, cider, mead, etc., for distribution, retail or wholesale, on -premises or off -premises, and which meets all Virginia Alcoholic Beverage Control laws and regulations. The facility may include other accessory uses such as retail sales, tasting rooms, restaurants, etc., as permitted in the district and as long as the accessory uses do not exceed the primary use in floor area or value. Construction yard.\ Establishments housing facilities of businesses primarily engaged in construction activities, including the outside storage of materials and equipment used for the business operations. Typical uses may include site work companies to include excavating and grading activities, roadway construction and utility infrastructure companies, and other heavy construction companies. Refuse and Recycling Center.\ A government -operated facility used for the collection of trash, garbage, and rubbish, including receptacles for the collection and storage of recyclable materials. Custom manufacturing.\ Establishments primarily engaged in the on-site production of goods by hand manufacturing, within enclosed structures, involving the use of hand tools, and the use of mechanical equipment commonly associated with residential or commercial uses or a single kiln. Typical uses would include pottery, cabinet or woodwork shops. Industry, Type I.\ Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products, from processed or previously manufactured materials. Included would be assembly of electrical appliances, bottling and printing plants, and the manufacturing of paint, oils, pharmaceuticals, cosmetics, solvents and other chemicals, production of items made of stone, metal or concrete. Industry, Type II.\ Enterprises in which goods are generally mass produced from raw materials on a large scale through use of an assembly line or similar process, usually for sale to wholesalers or other industrial or manufacturing uses. Included in this use type are industries involved in processing and/or refining raw material such as chemicals, rubber, wood or wood pulp, forging, casting, melting, refining, extruding, rolling, drawing, and/or alloying ferrous metals, and the M production of large durable goods such as automobiles, manufactured homes, or other motor vehicles. Industry, Type Ill.\ An establishment which has the potential to be dangerous or extremely obnoxious. Included are those in which explosives are stored, petroleum is refined, natural and liquid and other petroleum derivatives are stored and/or distributed in bulk, radioactive materials are compounded, pesticides, fertilizers and certain acids are manufactured, and hazardous waste is treated or stored as the establishment's principal activity. Landfill, industrial.\ The use of land for the legal disposal of specific industrial waste which is a by-product of a manufacturing or production process. Landfill, rubble.\ The use of land for the legal disposal of construction and demolition wastes consisting of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, metals and plastic associated with construction and wastes from land -clearing operations consisting of stumps, wood, brush, and leaves. Landfill, sanitary.\ The use of land for the legal disposal of municipal solid waste derived from households, business and institutional establishments, including garbage, trash, and rubbish, and from industrial establishments, other than hazardous wastes as described by the Virginia Hazardous Waste Regulations. Meatpacking.\ The processing of meat products and by-products directly from animals or offal from dead animals. Recycling center.\ A privately operated facility for the collection and storage of recyclable materials designed and labeled separately for citizens to voluntarily take source materials for recycling. Resource extraction.\ A use involving on-site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries, borrow pits, sand and gravel operation, mining, and soil mining. Specifically excluded from this use type shall be grading and removal of dirt associated with an approved site plan or subdivision, or excavations associated with, and for the improvement of, a bona fide agricultural use. Sawmill, Commercial.\ A facility where logs or partially processed cants are sawn, split, shaved, stripped, chipped or otherwise processed to produce wood products for sale. Scrap and salvage service.\ Any lot or place engaged in the storage, sale, dismantling or other processing or uses of waste materials which are not intended for reuse in their original forms. Typical uses include paper and metal salvage yards, automotive wrecking yards, junkyards, used tire storage yards, or retail and/or wholesale sales of used automobile parts and supplies. (See also the definitions of automobile wrecking yard and junkyard in section 2-1002.) Shipping container.\ Primarily a metal container used to pack, ship and store goods. On land they are kept in shipping or storage yards. Transfer station.\ Any storage or collection facility which is operated as a relay point for municipal solid waste which ultimately is transferred to a landfill. Towing service storage yard.\ An outdoor area or yard used by a tow service for the storage of inoperable, junk, or wrecked motor vehicles, with or without consent of the owner. Warehousing and distribution.\ Uses including storage, warehousing and dispatching of goods within enclosed structures, or outdoors. Typical uses include storage warehouses, truck terminals and moving/storage firms. (7-7-05; 12-18-06; Ord. No. 2012-10-C, 10-18-12; 6-19-14; 9-18-14; 4-21-16; 5-19-16.) Sec. 3-8000. - Miscellaneous use types. Amateur radio tower.\ A structure on which an antenna is installed for the purpose of transmitting and receiving amateur radio signals erected and operated by an amateur radio operator licensed by the FCC (Federal Communications Commission). Aviation facility, commercial.\ Any area of land or water designated for the landing and take -off of scheduled aircraft flights, and any appurtenant areas designated, set aside, used or intended for use, for airport buildings or other airport facilities, rights-of-way, approach zones, together with all airport buildings and facilities. Aviation facility, general.\ Landing fields, aircraft parking and service facilities, and related facilities for operation, service, fueling, repair, storage, charter, sales, and rental of aircraft, and including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security. Aircraft includes helicopters, gyrocopters/planes, powered and nonpowered fixed -wing aircraft, hang gliders and paragliding and hot air balloons. Aviation facility, private.\ Any area of land used or intended for the landing and taking -off of aircrafts for personal use of the tenant or owner of the site, not available for public use or commercial operations. Aircraft includes helicopters, gyrocopters/plane, powered and nonpowered fixed -wing aircraft, hang gliders and paragliding and hot air balloons. Communication tower.\ A structure on which an antenna or dish is installed for the transmission, broadcasting or receiving of radio, television, radar, or microwaves, and similar types of devices. included under this use type are aviation radio towers, and cellular phone towers. Excluded are amateur radio towers, which are described separately. Composting system, confined vegetative waste or yard.\ A facility for the manipulation of the nature aerobic process of decomposition of organic materials to increase the rate of decomposition. Exempt from this definition are the disposal of agricultural wastes on the farm on which they are generated, the creation of brush piles on the property on which the material was generated, and the use of vegetative matter and untreated ground wood products to construct berms on the property on which the material was generated. Hunt club.\ Uses and structures which serve as social organization gathering spots for persons engaged in hunting and fishing. Dog kennels may be considered an accessory use. Parking facility, surf ace/structure.\ Use of a site for surface parking unrelated to a specific use or a parking structure which provides parking spaces together with driveways, aisles, turning and maneuvering areas, incorporated landscaped areas, and similar features meeting the requirements established by this ordinance. This use type shall not include parking facilities accessory to a permitted principal use. M Reconstructed wetland.\ A wetland constructed in a designated area which has not previously been a wetland and is isolated from existing wetlands to replace a wetland destroyed by human activity as required by a state or federal governmental authority. Shooting range, outdoor.\ The use of land for archery and the discharging of firearms for the purposes of target practice, skeet and trap shooting, mock war games, or temporary competitions, such as a turkey shoot. Excluded from this use type shall be general hunting, and unstructured and nonrecurring discharging of firearms on private property with the property owner's permission. Turkey shoot.\ A temporary event consisting of a shooting gallery to test individual marksmanship where the best marksman wins a prize, usually a turkey, hence the turkey shoot. (7-7-05; Ord. No. 2013-1-C, 4-18-13; 7-17-14.) 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. (11-17-16.) Sec. 4-1001. - Purpose and intent. 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 Meighborhood Conservation District RESIDENTIAL DISTRICTS SE Suburban Estate District I SR Suburban Residential District UR Urban Residential District 88 COMMERCIAL DISTRICTS LC ILimited Commercial District 1 GC (General Commercial District INDUSTRIAL DISTRICTS F LI Limited Industrial District GI lGeneral Industrial District I GIC lGeneral Industrial Conservation District I PLANNED DEVELOPMENT ZONING DISTRICTS PD -R j Planned Development Residential District ! PD -MH jPlanned Development Manufactured Home Park District PD -CP j Planned Development Commercial Park District PD -MX jPlanned Development Mixed -Use District PD -IP IPlanned Development Industrial Park District SPECIAL OVERLAY DISTRICTS HCO Highway Corridor Overlay District NDSO Newport Development Service Overlay District€ HO Historic Overlay District _- FPMO Floodplain Management Overlay District (11-17-16.) 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. (11-17-16.) 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 [sub]section B., 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. 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. (11-17-16.) 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. (11-17-16.) Sec. 4-1005. - Table of permissible uses. Table 1 Table of Permissible Uses P = Permitted, C = Conditional Use, = Supplementary Use Regulations Use Descriptions LAC RR VC NC' SE : SR UR LC GC LI . GI GIC PDR a PDMH PDCP . PDM) AGRICULTURAL USE TYPES Agricultural Crop P C P Ci - 1 - t TT I.- I i a F —Service Tower and Antenna (*j Agricultural Farm Equipment Sales and C C P P P' P P P C Service Agricultural Farm Product Processing, P P C P P P P Warehousing and Distribution Service i Agricultural Feed Seed and Farm C P P P P P P P C Supply Service i r Agricultural PP P P P P P P P Service/Agent Agriculture P P P C IcI C C i Agritourism (See Part P P P Aquaculture P I P P C C ICIC C Aquaculture, C CP C C C C Waterfront Business Commercial FeedlotTP Tc C P'� C Fair, Agricultural i P I. I C Farm Employee C C C Housing (*j Farmer's MarketP P P P P P ' Forestry Operation, Silvicultural and/or P P P P P P P P P P P P P P P P Timbering (*) Greenhouse, Commercial and/or Nursery P C P C C • In conjunction with residence i ` • Not in conjunction with P P P P P P P P C residence Greenhouse, Private I P I P I PIP IPICIC C I I I C Livestock Auction P I C C P C C i Market I Rep i el Breeding (*j C C C FSawrWill, Private (*) P I i j Stable, Commercial In conjunction P C C C C C C with residence I • Not in conjunction with P C C C residence Stable, Private (*} P P C C C C Viticulture P P P C ICIC C Wayside Stand {*} PP P C RESIDENTIAL USE TYPES Accessory Apartment •Residential P P P* C P* C C P* P* Accessory Apartment • Commercial C P P P C P Accessory Apartment , P P P P 1,P 1 P C C C FBoathouse {*} Community C C C C C P P P Recreation (*} j Condominium {*} C P P P Congregate Housing C C P P P Dwelling, Multifamily C C C C C P C C Conversion {*} Dwelling, Single P P P P P P P P P Family i Dwelling, Single P i Family, Farm C C C C P P P P r� Dwelling Two -Family Duplex (*) t I i Family Day Care Home (*} P P P P P P P P P Group Home P P pip IPIPIP 1C C 1 I C Guest House {*}—P C C Home Occupation, P PP P P P P P P P Type I (*) Home Occupation, P P C C �_ Type II (*} CKennel, Private (*} P P [Manufactured Home, P P C P 92 Class A (*)I I r , 1 1 1 1 T'i 1 1 1 1 1 1 Manufactured Home, P Class B Manufactured Home, Class C Manufactured Home, Family Member P Residence Manufactured Home, #Temporary Residence P Manufactured Home Park o Manufactured Ho' P Subdivision C P P Multifamily Dwelling Temporary Emergency Housing P P P P P P P P P Townhouse [*j I C C C P P P TYPES CIVIC USE I Administrative P P Service i P P P P P P P Adult Care Center [*) C C I C P 1PI P P I C I I P I C [—Assisted Living C C C P C C Facility Cemetery [*J • Animal C C I C C • Church C C C C I C I C 1 C I C C I C C • Private C C C C C C C C C • Public C C C C I I C C C C C [Child Child Care Center [*) C C C C C P P P C P C Child Care Institution CC C C C C C Club C C C C C C C P P C i P C j Community Center C P P P P P P Correctional Facility C I ; I --T- C C Crisis Center C C CT P P P Cultural Service C C P C C C C P P I P P 3 Educational Facility C C C C C C College/ University IC I Educational Facility C C C P P P P P Primary/Secondary C C C C C C P P P P P P Bed & Breakfast (*) C C P C C C C C C C C F— Halfway House C C C C C C C P ► C I I C # Life Care Facility C C I C C C C P P P ICI P, P P P P FMoclular Classroom P P P P P PP p p P P P Nursing Home (*) C C C C C C C P P P P P Park & Ride Facility P C F P P P P P C P C e Post Office I D P P C C C P P P P P j Public Sports/Event Spl orts/Event C C C P P P C f Facility FIDublic Maintenance & Service Facility(*) c F C C C P P P P Public Park & P P P P P P P P P P P Recreational Area (*) Public Safety Service P C P I C C C C P P P P P 1 C P7 P Religious Assembly C C C CC C C C C I C C I(*) j Rehabilitation Service C P P P P j Transit Station C I ► C I C P P P I P P T P Utility Service/Major C C C C C C C C C C C C C C C C I (*1 Utility Service/Minor P P PP P P P P P P P P P P P P I OFFICE USE TYPES I Financial InstitutionC P P P I P General Office C I C I P I P JPJ I P I I I P I P ► Laboratory1 71 C i P P P P I P I C Medical Office I C I C P P P C COMMERCIAL USE TYPES Adult Entertainment C Establishment (*) I Auction C C C P P P P P I Establishment Bed & Breakfast (*) C C P C C C C C C C C Boarding House C 1cTcTc1c1c1c1 C I I I C }Boating and Fishing C C C 1 C ICI P, P P C i Facilities Business Support I P P C P P Service Business or Trade School C i C C P P P P P Campground (*} C I # j Campground, C Workforce (*) —1--P-1 P I C Car WashI C P P P Catering C P P C Commercial Equipment Repair, P C P C C C Accessory to Dwelling (*) ## CommerciallndoorF C C P P C C Amusement i Commerciallndoor { Entertainment C C P P P C Commercial Indoor Sports & Recreation C C C P P P C P C (*} ! Commercial Outdoor Entertainment/Sports C C C C C C C & Recreation [*} Commercial Outdoor Swimming Pool & C C C C C C C C C C C C Tennis Facility (*} Construction Office, P P P P P P P P P P P P P P P P Temporary (*) Construction Sales & C P P P P C Service Contractor Office and C C C P P P P P Storage Facility (*) Convenience Store C C C C P, P C C (*) Crematorium (*) C C C C 1CI C Dance Hall C C ICI Equipment Sales & j Rental C � 1 C P P P C ! Event Center C P P P I P P Flea Market(*) C I C ! C C C C j Funeral Home(*) IC C I P P C P C M FGarden Center (*) C C I P I P P P P P P Gasoline Station (*} C C C C CIC C C i General Store, C Cl P C Country I f Golf Course (*} C I C I C C C C C P P P P P I Golf Driving Range (*) C C P P P P I C Hospital __FC P I I I I I C C F_ Hospital, Special Care C C C I C Hotel/Motel/Motor C C P C P C I Lodge/Inn Kennel, Commercial C C C C C C i Laundry I I I C P P r- Lawn and Garden P P P P P I Services C C C Manufactured Home _T7 Sales I Marina (*) C I C C C C I C C I C I P icl C i I P I C Medical Clinic Tc 'IF I I C P I I I I I I C I C �J- Micro -Brewery, C P P P P P P Distillery, Cidery (*) I I Mini -Warehouse (*} C I C P P I P I I I P Motor Vehicle C P P Dealership/New (*} Motor Vehicle Dealership/Used (*} I C I C C Motor Vehicle/ C P P P C i Outdoor Storage I Motor Vehicle Parts/ C P P P P P P Supply, Retail (*} r- Motor Vehicle/ C P P P j P I Rental (*) Motor Vehicle RepairC C PFP FP C Service/Major (*) Motor Vehicle Repair C C P P P C Service/Minor (*) i Pawn Shop I C P P Personal C�I r PP C P P 1 Improvement Service Personal Service . C -1 TP 1j P C Il I I P P 4 Real Estate Office, TPP P P P P P P P P Temporary I Recreational Vehicle C C C Sales & Service Restaurant, Drive -In C C P C P P Fast Food I C C C P C i P P s Restaurant, General Retail SalesC C P P P P P Studio Fine Arts C C C P P P P P Tattoo Parlor C P P P P C Taxidermy (*) PFcT 1 i 1 1 C P P P I I I I Truck Stop C C I P P Veterinary Hospital/ � Clinic P C P P P P P Wholesale Sales C- C P P 1PI P P P P # INDUSTRIAL USE TYPES C P Abattoir or Livestock C Processing (*) Asphalt or Concrete C C Plant {*} Brewery, Distillery, P P P Cidery Construction Yard {*j C ( C P P P C F -Custom Manufacturing C C C PTP P P P C Industry, Type I C P P P C Industry, Type II ICI P P Industry, Type III C C I Landfill, Industrial (*) C C C C Landfill, Rubble (*j C i C C C 1 Landfill, Sanitary (*j C Meat Packing I IP P FRecycling Center (*) C I I I I I I I I P P I P I I T Refuse & Recycling C C C P P P C ! Center Resource Extraction C C C Sawmill, Commercial i C P P Scrap & Salvage C C C C Service (*) 7 Shipping Container I P P P i Towing Service C C i Storage IT I Yard (*} Transfer Station C P P P Warehousing & C I I I I 1PI P P Distribution MISCELLANEOUS USE TYPES Amateur Radio Tower P P P PP P P P P P'l P P P P P P Aviation Facility, C C C Commercial (*} Aviation Facility, C C C C F General (*} Aviation Facility, ' C C C C C Private (*) Communication C CC C C C C C C Tower IC l Composting System, Confined Vegetative C Waste or Yard (*} Hunt Club P C i Parking Facility, C C C C C C C Surface/Structure Reconstructed P C C CC C C C C C C C P C C P � Wetland (*} I Shooting Range, C I T I IC C Outdoor (*) Turkey Shoot (*} P C C (11-17-16.) 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 rural agricultural environment where the right to farm has been established as county policy. (11- 17-16.) 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 *Family Burial Plot Farmer's market * Forestry operation, silvicultural and/or timbering * Greenhouse, commercial and/or nursery Greenhouse, private * Livestock auction market * Sawmill, private * 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 100 (11-17-16.) 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 101 *Nursing home Public sports/event facility * Public maintenance and service facility * Religious assembly * Transit station * Utility service/major D. Commercial uses: 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 Wholesale sales E. Industrial uses: 102 * 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 (11-17-16.) 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 land may be permitted one (1) "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 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. 103 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 plan: 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 percent (70%) 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 percent (30%) 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. • 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; 104 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. 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. (11-17-16.) 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. (11-17-16.) 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. (11-17-16.) 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. G. Refer to article XI for outdoor lighting requirements and restrictions. (11-17- 16.) 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 Ili 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. (11-17-16.) 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 limited 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 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, 107 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 percent (18%) 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 or lessee manufactures wine that contains not more than eighteen percent (18%%) 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 nursery:\ 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. 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. Winer 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 percent (21%) by volume. (11-17-16.) 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, on-site, where at least fifty percent (50%) of the agricultural products offered for sale are/have been produced by 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; 109 (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. (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 110 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 percent (25%) 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. (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. (11-17-16.) 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 percent (50%) 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%)). (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. 111 (g) Open air or covered picnic area with restrooms. (h) Educational classes, lectures, seminars. (i) Historical agricultural exhibits. (j) 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%) of gross sales of the agritourism activity for three (3) of the preceding five (5) operating years. (11-17-16.) 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 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. (11- 17-16.) 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. (11-17-16.) 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. (11-17-16.) Sec. 4-2A008. - Access. Access shall be provided by an exclusive right of ingress/egress from a state maintained road. 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 fine adjacent to the public road. 112 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. (11-17-16.) 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 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. (11-17-16.) 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 plan, 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. (11-17-16.) 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: 113 Agricultural service/agent * Agriculture Agritourism (See part 2A) Aquaculture * Forestry operation, silvicultural and or timbering Greenhouse, private * Stable, private 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 II * 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 (11-17-16.) 114 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 • 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 115 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 E. Miscellaneous uses: * Aviation facility, private * Communications tower * Reconstructed wetland (11-17-16.) 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. (11- 17-16.) 116 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 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 (l) 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 117 be included in the subdivision, including lots, road right-of-way, and other required public improvements. 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. (11-17-16.) 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.1.a through f. (11-17-16.) 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). 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. (11-17-16.) 119 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. (11-17- 16.) 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 120 Isle of Wight Courthouse Orbit Rescue Rushmere Walters Wills Corner Zuni (11-17-16.) 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 • 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 121 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 (11-17-16.) 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 122 • Not in conjunction with residence * Stable, private B. Residential uses: * Accessory apartment • Commercial accessory apartment *Congregate Housing * 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 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 123 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 * 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 124 * Motor vehicle repair service/minor Personal improvement service Personal service * Restaurant, drive-in fast food Restaurant, general Retail sales Studio, fine arts * Taxidermy Veterinary hospital/clinic Wholesale sales F. Industrial uses: Custom manufacturing Refuse and recycling center G. Miscellaneous uses: * Communication tower Hunt club * Reconstructed wetland (11-17-16.) 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. 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. (11-17-16.) Sec. 4-4005. - Bulk regulations. A. Maximum building height: 125 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 -o€ -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. (11-17-16.) 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. 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 126 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. (11-17-16.) 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 * 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 (11-17-16.) 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 127 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 128 * 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 (11-17-16.) 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. (11-17-16.) 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. 129 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. (11-17-16.) 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 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. (11-17- 16.) 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. (11-17-16.) 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: 130 * 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 * Utility service/minor D. Commercial uses: * Construction office, temporary Real estate office, temporary E. Miscellaneous uses: * Amateur radio tower (11-17-16.) 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 In conjunction with residence * Stable, commercial • In conjunction with a residence * Stable, private B. Residential uses: * Community recreation 131 * 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 * 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 (11-17-16.) 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. 132 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. (11-17-16.) 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: 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. (11-17-16.) 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. G. Refer to article XI for outdoor lighting requirements and restrictions. (11-17- 16.) Part 7. - Suburban Residential (SR) District. 133 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. (11-17-16.) 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: * Boathouse Dwelling, single-family Dwelling, two-family duplex * Family day care home Group home * Home occupation, Type l * 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 (11-17-16.) 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. 134 A. Agricultural uses: Greenhouse, private B. Residential uses: * Accessory apartment • Residential accessory apartment * Community recreation *Congregate Housing * Dwelling, multifamily conversion * Multifamily dwelling * Townhouse C. Civic uses: * Cemetery Church Club Cultural service * Educational facility, primary/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 135 (11-17-16.) 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. (11-17-16.) 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. (11-17-16.) 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 (FRMO) District, and the Newport Development Service Overlay (NDSO) District. 136 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. (11-17- 16.) 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 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. (11-17-16.) 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 *Congregate Housing * 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: 137 * 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 (11-17-16.) 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 * 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 pool and tennis facility * Golf course * Marina Restaurant, general Retail sales Studio, fine arts F. Miscellaneous uses: * Reconstructed wetland (11-17-16.) 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. (11-17-16.) 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: 139 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. E. Minimum rear yard setback:..... Twenty (20) feet. F. Maximum lot coverage: ..... Thirty percent (30%). (11-17-16.) 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. (11-17- 16.) 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. (11-17-16.) 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, 140 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: * Accessory apartment • Commercial accessory apartment C. Civic uses: Administrative service * Child care center Club * Community center Crisis center Cultural service * Education facility, primary/secondary 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 141 General office Laboratory Medical office E. Commercial uses: Business support service Car wash * Commercial indoor sports and recreation * Construction office, temporary * Funeral home * 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 (11-17-16.) 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 142 B. Residential uses: Group home C. Civic uses: * Adult care center Assisted living facility *Cemetery • Church • Private • Public * 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 143 * Gasoline station Hospital Hospital, special care Hotels/motels/motor lodge/inn *Kennel, commercial *Marina Medical clinic * Micro -brewery, distillery, cidery * 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 (11-17-16.) 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 144 Department requires a larger parcel to satisfy an on-site sewage disposal system. B. Minimum lot width: ..... One hundred (100) feet. (11-17-16.) 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 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%). (11-17-16.) 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. (11-17- 16.) Part 10. - General Commercial (GC) District. IMJ Sec. 4-10001. - General description. This district is intended to provide the full range of commercial activities and establishments which are not primarily related to residential developments and which require accessibility from higher order roadways than the LC District. This district is also intended to accommodate high auto -oriented uses such as auto sales and service, convenience stores, motor vehicle fuel stations as well as planned shopping centers. Performance standards are included to ensure that access points are controlled, landscape surface ratios are adequate and street buffering complement the standards set in the Highway Corridor Overlay District (HCO). (11-17-16.) Sec. 4-10002. - Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: 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 146 Life care facility * Modular classroom * Nursing home 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: 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 147 Hospital Hotel/motel/motor lodge/inn Lawn and garden services * Marina Medical clinic * Micro -brewery, distillery, cidery * Motor vehicle dealership/new * Motor vehicle parts/supply and retail * Motor vehicle/ rental * Motor vehicle repair service/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 hospital/clinic Wholesale sales F. Industrial uses: Custom manufacturing G. Miscellaneous uses: * Amateur radio tower (11-17-16.) 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 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 dealership/used 149 Motor vehicle/outdoor storage Recreational vehicle sales and service Truck stop F. Industrial uses: * Construction yard Refuse and recycling center F. Miscellaneous uses: * Communication tower Parking facility, surface/structure * Reconstructed wetland (11-17-16.) 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. (11-16-17.) 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. The rear yard requirements may be reduced or waived by the zoning administrator when a principal structure is a part of a shopping center. 150 D. Maximum lot coverage:..... Sixty percent (60%). E. Minimum open space ratio (OSR):..... Twenty-five percent (25%). (11-17-16.) 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. (11-17- 16.) 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. (11-17-16.) 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 * Sawmill 151 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 Motor vehicle/outdoor storage 152 *Motor vehicle parts/supply, retail * Motor vehicle/rental * Motor vehicle repair service/major * Motor vehicle repair service/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 (11-17-16.) 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 * Commercial feedlot 153 * Livestock auction market * Reptile breeding Viticulture B. Civic uses: * Cemetery • Private • Public * Utility service/major C. Commercial uses: Boating and fishing facilities Business support service * Commercial outdoor entertainment/sports and recreation * Crematorium Dance hall * Flea market * Funeral home * Gasoline station * Hotel/motel/motor lodge/inn * 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 *Sawmill, Commercial * Scrap and salvage service * Towing service storage yard 154 E. Miscellaneous uses: * Communication tower Parking facility, surface/structure * Reconstructed wetland (11-17-16.) 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. (11-17-16.) 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 5-2000.1), for exceptions to height limits. B. Maximum density: 1. Floor area ratio for nonresidential: One-half (0.50) square foot per foot of net developable area. C. Minimum setback requirements: 1. Front yard: Thirty-five (3 5) feet. a. Industrial uses shall meet a setback of one hundred (100) feet, except that office buildings associated with the industrial use may meet the minimum thirty-five (35) feet setback. b. For lots within designated industrial park of twenty (20) acres or more, office buildings associated with the industrial use shall meet a setback of thirty-five (35) feet. 2. Side yard: Twenty (20) feet. 3. Rear yard: Twenty (20) feet. D. Maximum lot coverage:..... Sixty percent (60%). E. Minimum open space ratio (OSR):..... Twenty-five percent (25%) (11-17-16.) Sec. 4-11006. - 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. 155 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. (11-17- 16.) 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. (11-17-16.) 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: Administrative service * Adult care center Park and ride facility 156 * 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 Truck stop Wholesale sales E. Industrial uses: Brewery, distillery, cidery 157 * Construction yard Custom manufacturing Industry, Type I Industry, Type II Meat packing * Recycling center Refuse and recycling center *Sawmill, Commercial * Shipping container Transfer station Warehousing and distribution F. Miscellaneous uses: * Amateur radio tower (11-17-16.) 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 * Flea market * Gasoline station * Kennel, commercial 158 D. Industrial uses: * Abattoir or livestock processing * Asphalt/Concrete 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 (11-17-16.) 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. (11-17-16.) 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. 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. 159 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%). (11-17-16.) 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. (11-17- 16.) 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 is further intended to permit the efficient development and redeveiopment of land for uses related to such existing heavy industrial operations. (11-17-16.) 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, 160 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 Garden center * Micro -brewery, distillery, cidery * Mini -warehouse Motor vehicle/outdoor storage 161 Wholesale sales E. Industrial uses: * Abattoir or livestock processing Brewery, distillery, cidery * Construction yard Industry, Type I Industry, Type 11 Meat packing * Recycling center Refuse and recycling center *Sawmill, Commercial * Shipping container Transfer station Warehousing and distribution F. Miscellaneous uses: * Amateur radio tower (11-17-16.) 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 B. Civic uses: Correctional facility * Utility service/major B. Industrial uses: * Asphalt/Concrete plant 162 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 (11-17-16.) 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. (11-17-16.) Sec. 4-13005. - 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. Minimum setback requirements: 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, 163 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. (11-17-16.) 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. (11-17- 16.) 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. (11-17-16.) Sec. 4-14001. -Types of planned developments. 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. (11-17-16.) 164 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. (11-17-16.) 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. (11-17-16.) 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; 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 165 review and comment on the preliminary plan are binding on either the county or the applicant. (11-17-16.) 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. 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. 166 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; 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. 167 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. (11-17-16.) Sec. 4-14006. - Regulations pertaining to all planned developments. 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. a. Existing trees eight (8) inches or more in diameter measured at breast height (four and one-half (4%) 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. 169 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 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; f. 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. 170 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. (11-17-16.) Sec. 4-14007. - Modifications to the approved master development pian. A. Minor modifications. 1. Minor modifications of the master development plan may be authorized by the planning commission, provided the modification will not: a. Change by more than ten percent (10%) (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. (11-17-16.) 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 171 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. (11- 17-16.) 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. A. Agricultural uses: Farmer's market * Forestry operation, silvicultural and/or timbering B. Residential uses: * Accessory apartment • Residential accessory apartment • Commercial accessory apartment * Community recreation * Condominium *Congregate Housing Dwelling, single-family Dwelling, two-family duplex * Family 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 172 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 * Reconstructed wetland (11-17-16.) 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 173 Park and ride facility Public safety service * Religious assembly * Utility service/major D. Commercial uses: * Bed and breakfast Boarding house Commercial indoor entertainment * Commercial indoor sports and recreation * Commercial outdoor swimming pool and tennis facility *Marina Sec. 4-15004. - Lot size requirements. A. Minimum tract size: ... Minimum area required for creation of a PD -R District shall be appropriately sized to meet all required lot size and bufferyard requirements, bulk regulations, and additional site pian 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 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. (11-17-16.) 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. (11-17-16.) 174 Sec. 4-15006. - 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 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. 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. (11-17-16.) 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 175 (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. (11-17- 16.) 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. (11-17-16.) 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: 176 * Forestry operation, silvicultural and/or timbering B. Residential uses: * Community recreation * Home occupation, Type I * Manufactured home, Class A * Manufactured home, Class B 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 (11-17-16.) 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 (11-17-16.) 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. 177 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 lot frontage: ..... Sixty (60) feet. (11-17-16.) 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 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. (11-17-17.) 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%). 178 E. Minimum open space ratio: ..... Forty percent (40%). (11-17-16.) 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 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. I. 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. 179 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; 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. (11- 17-16.) 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. 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 following structures and uses are generally considered accessory when or clearly incidental to the principal residential use: 1. Management office; 2. Storage buildings; 181 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. 1. 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 (11-17-16). 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 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. (11-17-16.) 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 182 effective date of this amendment shall be required to conform with the regulations of this section. (11-17-16.) 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. (11-17-16.) 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. (11-17- 16.) 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 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. (11-17-16.) 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. 183 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: Financial institution General office Laboratory Medical office D. Commercial uses: Auction establishment Boating and fishing facilities WIV 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 Retail sales Studio, fine arts Tattoo parlor Veterinary hospital/clinic Wholesale sales E. Industrial uses: Custom manufacturing F. Miscellaneous uses: * Amateur radio tower MR (11-17-16.) 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: * Cemetery * 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 (11-17-16.) Sec. 4-17004. - Lot size requirements. A. Minimum tract size:..... Minimum area required for creation of a PD -CP District shall be appropriately sized 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 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. (11- 17-16.) 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 187 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. (11-17-16.) 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 (30% 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. (11-17-16.) 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 entrances and exits and along service drives, turn -outs or merging lanes. (11-17-16.) 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. (11-17-16.) 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 w vehicles shall be so located and arranged as to prevent interference with pedestrian traffic within the park. (11-17-16.) 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. (11-17- 16.) Part 18. - Planned Development Mixed Use (PD -MX) District. Sec. 4-18001. - General description. It is the intent of this district to allow a more flexible approach to the development of large tracts of land in terms of land use, density, and design. Integration of land uses is encouraged to help reduce the need for vehicular travel by integrating housing into the overall design of commercial or "mixed used" centers. These centers are intended to mix a variety of housing types with large- scale employment, or shopping centers, restaurants, civic and office uses. Homes are blended into a built working environment to form a workplace that will not only reduce vehicle miles of travel, but also present opportunities for workers to walk or bike to work. Flexibility in zoning will be provided to permit such large- scale, mixed-use development through floating zones. To minimize noontime travel, the types of uses that are permitted in a mixed-use project may include retail, medical, and other consumer related or "personal" services. Areas within or adjacent to "mixed use centers" identified in the comprehensive plan may be appropriate for future expansions of this district. A planned development mixed use development shall be designed to be compatible with surrounding, adjacent, and nearby properties, both developed and undeveloped. Therefore, consideration shall be given during the design process of such planned developments to location, orientation, spacing and setback of buildings, maintenance of landscaping, access points, size and location of signage, common open spaces, vehicular parking and movement areas, preservation of existing vegetation, overall landscaping, grading and stormwater management. According to the county's comprehensive plan, the intent of the PD -MX District is to accommodate a diversity of uses at existing or future major road intersections, where public sewer and water are proposed with a capacity for more intensive development. This zoning district is also the most appropriate 189 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. (11-17-16.) 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 B. Residential uses: * Accessory apartment • Residential accessory apartment • Commercial accessory apartment * Community recreation * Condominium *Congregate Housing Dwelling, single-family * Dwelling two-family duplex * Family day care home * Home occupation, Type I * Multifamily dwelling * Temporary emergency housing * Townhouse 190 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 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 191 Veterinary hospital /clinic Wholesale sales F. Miscellaneous uses: * Amateur radio tower * Reconstructed wetland (11-17-16.) 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 * 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 192 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 * 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 193 F. Industrial uses: Custom manufacturing G. Miscellaneous uses: * Communication tower Parking facility, surface/structure (11-17-16.) Sec. 4-18004. - Lot size requirements. A. Minimum tract size...... Minimum area required for creation of a PD -MX District shall be appropriately sized 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. (11-17-16.) Sec. 4-18005. - 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. (11-17-16.) 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. 194 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. (11-17-16.) 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. (11-17-16.) 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 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 entrances and exits and along service drives, turn -outs or merging lanes. (11- 17-16.) 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 located away from the view of arterial, secondary, or collector streets. Screening which, at a minimum, meets the standards of the landscaping screening zone as specified in article VIII may be proposed as an alternative during the master development plan process. 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. (11-17- 16.) 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. 195 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. (11-17-16.) 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. (11-17-16.) 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. 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. H. Refer to article V for traditional neighborhood design development standards in the Isle of Wight County subdivision ordinance for development within UDAs. (11-17-16.) Part 19. - Planned Development Industrial Park (PD -IP) District. Sec. 4-19001. - General description. It is the intent of this district to provide for planned development of business parks or employment centers in campus -like settings. PD -IP Districts are further intended to provide for areas devoted to industrial uses that present an attractive appearance and complement surrounding land use character by means of appropriate siting of buildings and service areas and landscape treatment. It is intended that PD -IP Districts be located in areas having all of the following: water and sewer facilities that meet applicable standards and are acceptable to the board of supervisors, one (1) or more major highways, and clearly demonstrated suitability for intended uses in the context of the proposed site's physical characteristics and relationship to surrounding development. (11-17-16.) Sec. 4-19002. - Permitted uses. 196 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 * Livestock auction market B. Civic uses: Administrative service * Adult care center Park and ride facility Public sports/event facility * Public maintenance and service facility Public safety service Transit station * Utility service/major * 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 197 * 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 * 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 (11-17-16.) 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 5-50001 supplementary use regulations, for those specific uses. A. Agricultural uses: Agriculture Aquaculture Aquaculture, waterfront business * Commercial feedlot * Sawmill Viticulture B. Civic uses: * Cemetery • Private Public * Child care center 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/Concrete plant Industry, Type III 199 * Landfill, rubble * Resource extraction * Scrap and salvage service F. Miscellaneous uses: * Aviation facility, commercial * Aviation facility, general * Aviation facility, private * Communication tower * Reconstructed wetland * Shooting range, outdoor * Turkey shoot (11-17-16.) 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. (11- 17-16.) 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. 200 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. (11-17-16.) 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. 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 pian 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. (11-17-16.) 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. (11-17-16.) 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. (11-17- 16.) 201 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. (11-17- 16.) 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 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. (11-17- 16.) Article V. - Supplementary Use Regulations. Sec. 5-1000. - General description. The following supplementary use regulations are additional, modified, or more stringent standards for particular land uses contained in article IV, zoning districts and boundaries. The standards set forth in the supplementary use regulations shall be met regardless of the form of action required for approval. (7- 7-05; 9-17-15.) Sec. 5-1001. - Prohibited uses. The following uses are specifically excluded from all districts: A. Unless otherwise expressly permitted, the use of a recreational vehicle as a temporary or permanent residence. B. Unless associated with a bonafide agricultural use, the use of a motor vehicle permanently parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business is conducted. C. Storage of motor vehicles that are neither licensed nor operational outside of a substantially enclosed structure, which visually screens such vehicles from public rights-of-way and adjoining properties. Not licensed, for purposes of this section, shall mean not having all of the following: 202 current decal, state inspection sticker, and license plates. (7-7-05, 3-20-14; 9-17-15.) Sec. 5-1002. - Prohibited uses in certain residential districts. The following activities are prohibited in the RR, NC, SE, SR, UR, PD -R, PD -MH and residential areas zoned PD -MX districts: A. Parking of a commercial vehicle overnight shall be prohibited, unless otherwise expressly permitted by this ordinance. B. No construction machinery or similar equipment shall be parked overnight unless the machinery is incidental to improving the premises. (7-7-05; 9-17-15.) Sec. 5-1003. - Change in use. A. A change in use of property occurs whenever the essential character or nature of the activity conducted on a lot is substantially altered. This occurs whenever: 1. The change involves a change from one (1) principal use category to another principal use category where the existing site improvements, particularly, but not limited to, parking and stormwater management, are inadequate to accommodate the demands of the new use. The principal use categories shall be agricultural, residential, civic, office, commercial, industrial, and miscellaneous. 2. A change from one (1) use to another use within a principal use category where the existing site improvements, particularly, but not limited to, parking and stormwater management, are inadequate to accommodate the demands of the new use. Uses which tend to create this situation include, but are not limited to, restaurants, medical offices, and convenience stores. 3. Whether a change in use occurs shall be determined by comparing the proposed use and the most recent use of the property against the provisions of this section. 4. A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use. 5. Where a nonresidential structure has remained unoccupied for more than two (2) years, any new use shall be deemed to be a change in use and all requirements of this ordinance shall apply, unless where the existing site improvements, particularly, but not limited to, parking and stormwater management, are adequate to accommodate the demands of the new use. (7-7-05; Ord. No. 2011-21-C, 11-17-11; 9-17-15.) Sec. 5-1004. - Accessory uses. The district regulations classify different principal uses according to their different impacts. Whenever a residential, civic, office, commercial, industrial, or miscellaneous activity (which may or may not be separately listed as a principal use) is conducted in conjunction with another principal use and that activity constitutes only an incidental or insubstantial part of the total use that takes place on a lot, then the activity shall be regarded as accessory to the principal use and shall be carried on in accordance with the permit issued for the principal use. For purpose of interpreting this section; 203 A. A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use. B. An accessory use does not have to be connected with a principle use. However, their association must take place with sufficient frequency that there is common acceptance of their relatedness. C. Portable on demand storage (POD) units shall be considered a temporary structure. They are permitted for use for a total of sixty (60) days, after which a zoning permit must be obtained through the planning and zoning department. D. The operation of a drive-through facility associated with any use located outside the established boundaries of any development service district (DSD) shall require a conditional use permit. (7-7-05; Ord. No. 2013-2-C, 4- 18-13; 9-17-15.) Sec. 5-1005. - Accessory uses to residential principal uses. The following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory uses to residential principal uses: A. Hobbies or recreational activities of a noncommercial nature. B. The renting out of one (1) or two (2) rooms within a single-family residence (which one (1) or two (2) rooms do not themselves constitute a separate dwelling unit) to not more than two (2) persons who are not part of the family that resides in the single-family dwelling. C. Yard sales or garage sales, so long as such sales are not conducted on the same lot more than three (3) days (whether consecutive or not) during any ninety -day period. (7-7-05; 9-17-15.) 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. 204 1. Exception...... A one-story tool and storage shed may be allowed on a vacant lot 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. 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 larger 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 percent (25%) 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 205 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. 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 percent (50%) 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. 206 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. 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%:) 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 (2%:) feet in height in any required front yard, except that fences having a uniform open area of fifty percent (50%) 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 (3%) feet in height in any required front yard, except that fences having a uniform open area of fifty percent (50%) or more may be erected to a maximum height of four (4) feet in such yards. 207 c. Heights shall be measured from the average ground level adjacent to the fence or wall and shall exclude columns and posts. d. The zoning administrator may approve the issuance of a building permit for a fence or wall higher than four (4) feet in the secondary front yard of a residential corner lot or through lot under the conditions set out in subparagraphs i. through iv. below. i. The height of the fence or wall does not exceed six (6) feet. ii. The fence or wall shall meet the minimum side yard setback of the underlying zoning district from the edge of the right of way, sidewalk, walking and biking trail, or ingress/egress easement, except in no case shall the setback be less than five feet. iii. The fence shall not extend past the rear foundation wall of the principal structure of any side adjacent to a street. iv. The fence or wall shall not interfere with or impede traffic visibility. v. The fence is constructed so that the finished side faces the street. 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. 6. The height and location of fences or walls existing prior to the adoption of this zoning ordinance effective August 30, 2005, on a property designated as a National Historic Landmark located in a designated historic overlay district 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 percent (50%) 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. 209 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. 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. 210 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 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 (%) 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. (7-7-05; 4-19-07; 5-19- 14; 9-17-15; 11-17-16; 4-20-17.) Sec. 5-3000. - Restrictions adjacent to airports. A. Purpose...... The provisions contained in this section regulate the height of structures and objects of natural growth in the vicinity of any civil airport located in Isle of Wight County or its environs. Specifically, these regulations apply to all areas of the county included within or underneath an imaginary surface or surfaces surrounding any civil airport in accordance with the standards set forth in Part 77.25, 77.28 and 77.29, Subchapter C (Obstruction Standards), of Title 14 of the Code of Federal Regulations, referred to hereafter as the Federal Regulations, and section 15.2-2294 of the Code of Virginia. A copy of these standards is available in the office of the zoning administrator. B. Intent...... The provisions contained in this section are intended to protect the public health, safety and welfare by ensuring that development in the county will occur in such a manner as to result in no interference with civil air traffic. C. Definitions...... The words and terms used in this section shall have the following meanings unless the context clearly indicates otherwise: Airport.\ For purposes of this section, this term shall refer to the John Beverly Rose Airport. Airport elevation.\ The highest point on any usable landing surface expressed in feet above mean sea level. 211 Airport safety zone.\ All of the area and airspace within Isle of Wight County lying equal to or above an approach surface, horizontal surface, conical surface, primary surface or transitional surface as they apply to civil airports in the county or its environs. These zones are superimposed over the underlying zoning districts and do not affect the uses and activities of the underlying zoning districts except as provided in this section. Approach surface.\ An imaginary surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface and at the same slope as the approach zone height limitations slope set forth in the federal regulations. Conical surface.\ An imaginary surface, whose design standards are referenced the federal regulations, extending and sloping horizontally and vertically from the periphery of the horizontal surface. Hazard to air navigation.\ An obstruction determined by the Virginia Department of Aviation or the Federal Aviation Administration to have a substantial adverse effect on the safe and efficient utilization of navigable airspace. Height.\ For all height limitations, the datum shall be mean sea level elevation unless otherwise specified. Horizontai surface.\ An imaginary surface represented by a horizontal plane one hundred fifty (150) feet above the established airport elevation for any civil airport, the perimeter which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. Nonconforming structure/use.\ Any preexisting structure or object of natural growth which is inconsistent with the provisions of this ordinance or any amendment thereto. Obstruction.\ Any structure, growth or other object, including any mobile object, which exceeds a limiting height or penetrates any surface or zone floor, set forth in this section. Primary surface.\ An imaginary surface longitudinally centered on a runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. Runway.\ A specified area on an airport or airfield prepared for landing and takeoff of aircraft. Transitional surface.\ An imaginary surface, whose design standards are referenced in the federal regulations, which extend outward perpendicular to the runway centerline sloping from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Vegetation.\ Any object of natural growth. D. Airport safety zones. ..... In order to carry out the provisions of this ordinance, there are hereby established certain zones which include all of the area and airspace lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as applicable. These zones are established as overlay zones, superimposed over the existing base zones, being more specifically zones of airspace that do not affect the uses and 212 activities of the base zones except as provided for in this ordinance. An area located in more than one (1) of the following zones is considered to be only in the zone with the most restrictive height limitation. These zones are as follows: Airport zone.\ A zone that is centered about the runway and primary surface, with the floor set by the horizontal surface. Approach zone.\ A zone that extends away from the runway ends along the extended runway centerline, with the floor set by the approach surfaces. Transitional zone.\ A zone that fans away perpendicular to the runway centerline and approach surfaces, with the floor set by the transitional surfaces. Conical zone.\ A zone that circles around the periphery of and outward from the horizontal surface, with the floor set by the conical surface. The source and the specific geometric design standards for these zones are to be found in Part 77.25, 77.28, and 77.29, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. A copy of these standards is available in the office of the zoning administrator, and are hereby adopted as a part of this ordinance. E. Airport safety zone height limitations...... Except as otherwise provided in this ordinance, in any zone created by these regulations no structure shall be erected, altered, or maintained, and no vegetation shall be allowed to grow to a height so as to penetrate any referenced surface, also known as the floor, of any zone provided for in this ordinance at any point. The height restrictions, or floors, for the individual zones shall be those planes delineated as surfaces in Part 77.25, 77.25, and 77.29, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. A copy of these standards is available in the office of the zoning administrator. F. Use restrictions...... Not withstanding any other provision of this ordinance, and within the area below the horizontal limits of any zone established by this ordinance, no use may be made of land or water in such a manner as to: 1. Create electrical interference with navigational signals or radio communication between the airport and aircraft; 2. Diminish the ability of pilots to distinguish between airport lights and other lights; 3. Result in glare in the eyes of pilots using the airport; 4. Impair visibility in the vicinity of the airport; 5. Create the potential for bird strike hazards; or 6. Otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft in the vicinity of and intending to use the airport. G. Nonconforming uses. 1. Except as provided in this section, the regulations prescribed by this ordinance shall not require the removal, lowering, or other change or alternation of any structure or vegetation not conforming to the regulations as of the effective date of this ordinance, or otherwise interfere with the continuance of a nonconforming use. Nothing 213 contained in this ordinance shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which has begun prior to the effective date of this ordinance, and is diligently pursued. 2. Notwithstanding the provision of this section, the owner of any existing nonconforming structure or vegetation is hereby required to permit the installation, operation, and maintenance thereon of whatever markers and lights deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, or the zoning administrator to indicate to operators of aircraft the presence of that airport obstruction. These markers and fights shall be installed, operated, and maintained at the expense of the airport owners, and not the owner of the nonconforming structure in question. H. Permits and variances. 1. Except as provided in this section, no structure shall be erected or otherwise established in any zone created by this ordinance unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which desired with the sufficient geometric specificity to determine whether the resulting structure would conform to the regulations prescribed in this ordinance. No permit for a structure inconsistent with these provisions shall be granted unless a variance has been approved as provided in this section. 2. No permit shall be granted that would allow the establishment or creation or an obstruction or permit a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of this ordinance or any amendments thereto other than with relief as provided for in this section. 3. Whenever the zoning administrator determined that a nonconforming structure has been abandoned or more than fifty percent (50%) destroyed, physically deteriorated, or decayed, no permit shall be granted that would enable such structure to be rebuilt, reconstructed, or otherwise refurbished so as to exceed the applicable height limit or otherwise deviate from the zoning regulations contained in this ordinance except with the relief as provided for in this section. 4. An application for a variance to the requirements of this section shall be made in writing to the board of zoning appeals in accordance with the provisions of section 1-1019 of this ordinance. Prior to the any such application being considered by the board it shall be accompanied by a determination from the Virginia Department of Aviation as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. 5. In granting a variance, the board of zoning appeals may impose reasonable and appropriate conditions as it may deem necessary to protect the public interest and welfare. Such conditions may include, but need not be limited to, requirements to install, operate and maintain, at the owner's expense, such markings and lights as may be deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation or the zoning administrator. (7-7-05; 9-17-15.) 214 Sec. 5-4000. - Net developable area. A. Purpose...... The comprehensive plan establishes an overall goal "to preserve and improve environmental quality of the county utilizing measures which protect Isle of Wight's natural resources and environmentally sensitive lands and waters", consistent with both the Virginia Clean Water Act and the Federal Clean Water Act. In land development, one (1) effective way towards accomplishing this goal is to establish environmental performance standards to establish the suitability of land for development. Virginia's enabling statutes for planning and zoning support environmental performance standards as a rational basis for utilizing the development suitability process. This process provides a more logical approach to define and allocate land holding capacities and densities to individual properties based upon the land and its underlying physical, environmental, and geological influences. B. Applicability...... The net developable area shall be used for determining the density and building coverage of development permitted on a particular parcel or area. This approach shall apply to all forms of land development, with the exception of the following: 1. The RAC zoning district. 2. Single-family lots subdivided and approved for development prior to the adoption of this ordinance. 3. Single-family lots shown on a preliminary subdivision plat in compliance with the provisions of subsection 1-1014.13. C. Net developable area calculations. 1. The percentage cited below of the total area of environmentally sensitive areas shall be removed from the total acreage of a parcel or area in order to derive the net developable area: a. Tidal wetlands: One hundred percent (100%). b. 100 -year floodplains: One hundred percent (100%). c. Resource protection areas, including the required one -hundred -foot buffer: One hundred percent (100%). d. Non -tidal wetland: Fifty percent (50%). e. Slopes in excess of fifteen percent (15%) but less than or equal to thirty percent (30%): Fifty percent (50%). f. Slopes in excess of thirty percent (30%): One hundred percent (100%). Where environmentally sensitive areas overlap, the more restrictive environmentally sensitive area shall be used. In no case shall overlap be counted twice in the calculation of net developable area. 2. In addition to the above features of a site, the total area of the easements or rights-of-way associated with a 150KV or greater power transmission line or regional gas transmission line shall be removed from the total acreage in order to derive the net developable area. 3. Twenty percent (20%) shall be subtracted from the calculated net developable acreage to allow for existing or planned public or private street rights-of-way, unless it can be demonstrated to the satisfaction of the zoning administrator that the proposed street rights-of-way in a 215 development or subdivision will be less than twenty percent (20%) of the calculated net acreage. 4. Required open space shall be calculated using gross acreage. 5. All calculation of recreational space and landscaping requirements shall be based on the net developable area. 6. No lot shall be designed, approved or employed for use in which an area more than thirty percent (30%) of the prescribed minimum lot area is comprised of one (1) or more of the environmentally sensitive areas cited in [paragraph] 1., above. This shall not apply to lots specifically created exclusively to preserve and maintain environmentally sensitive areas, as approved by the zoning administrator. D. Example of calculating net developable area...... The following example is provided for illustrative purposes in calculating the net developable area in a typical subdivision, although this approach applies to all forms of development not specifically exempted: Zoning district: Suburban Estates (SE) Maximum density allowed: 2 units net acre Gross acres: 100 acres Floodplains: 7 acres 1 Resource protection area: 4 acres Slopes > 15% but < 30%: Slopes > 30°%: 5 acres 2 acres . . ........ .. --- - Power line ROW: 3 acres Computation of property's environmentally sensitive features: Floodplains: 7 acres x 100% = 7 acres Resource protection area: 4 acres x 100% = 4 acres �lSlopes > 15% but < 30% 5 acres x 50%2.5 acres Slopes > 30%: 4 Power line ROW: 2 acres x 100% = 2 acres 3 acres x 100% = 3 acres TOTAL = 18.5 acres E Computation of net developable area for SE property: Gross acreage of property: Less deduction for property features: Available acres: Less street rights-of-way (20% of net developable): 100 acres - 18.5 acres 81.5 acres -16.3 acres Total net developable acres: 65.2 acres 216 Development capacity of SE property units per acre x 65.2 net developable acres = 130 units per acre (7-7-05; 3-20-14; 9-17-15.) Sec. 5-5001. - Supplementary use regulations for agricultural use types. 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. 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 217 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 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. 218 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. 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 percent (100%) 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. 219 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 (RPAs) 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. S. 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. S. 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 220 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 property 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. 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; 11-17- 16.) 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. Accessory apartment shall not be permitted on any lot which does not have one hundred percent (100%) of the minimum lot size requirement for the zoning district in which the use is located. 221 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. 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 percent (35%) 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 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 percent (50%) 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 percent (35%) of the entire unit. 222 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. L 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, Dock, or Pier. 1. A boathouse, dock, or pier, 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, dock, or pier 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. 223 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 percent (25%) 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. 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 percent (150%) 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 percent (200%x) 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 percent (250%) 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. 224 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 as an accessory structure that meets required primary structure setbacks. Guest houses shall not be permitted on any lot which does not have one hundred percent (100%) of the minimum lot size requirement for the zoning district in which the use is located. 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. 225 3. Minimum lot size...... The minimum lot size for a primary dwelling with a guest house shall be one hundred fifty percent (150%) 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 percent (30%) 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. S. 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. 1. 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 226 • 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 • 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 • 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 227 • 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 attempts to predict the future or any other person who attempts to predict the future • Tattoo parlors 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. 228 a. The maximum floor area devoted to home occupations shall not exceed twenty-five percent (25%) 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. I. All state, federal and local licenses and/or 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. 229 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 percent (10%) 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 percent (30%) 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 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 230 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 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 231 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 percent (150%) 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 232 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. 0. Multifamily dwelling/Congregate Housing. 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 - 233 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 percent (40%) of the total tract area. 6. Open space. a. A minimum of forty-five percent (45%) 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 percent (25%) 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 Vlll 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. 234 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: 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. Residential chickens. 1. Districts permitted. Chickens shall be permitted in the following zoning districts: Rural Residential (RR), Village Center (VC), Neighborhood Conservation (NC), Suburban Estate (SE), Suburban Residential (SR), and only in conjunction with an occupied single family residence, and shall be subject to the standards set forth herein. 235 2. The following standards shall apply to all residential chickens. a. All chickens shall be provided with a predator proof shelter that is thoroughly ventilated, provides adequate sun and shade and protection from the elements, and is designed to be easily accessed and cleaned. b. All shelters and associated structures including fencing shall be located fully to the rear of the residential structure. c. All chickens shall be kept in the shelter outlined in item a., shall have their wings clipped to prevent excessive ranging, and shall be prohibited from free ranging unless under the supervision of the owner or his designee. d. The maximum number of chickens permitted on a residential property shall be six (6). The keeping of all other types of poultry or fowl are prohibited. e. No roosters shall be permitted to be kept on a residential property. f. All shelters and associated structures including fencing shall be kept in a neat and sanitary condition at all times, and must be cleaned on a regular basis so as to prevent odors outside the boundaries of the property. All feed for the chickens shall be kept in a secure container or location to prevent the attraction of rodents and other animals. g. No person shall store, stockpile or permit any accumulation of chicken litter and waste in any manner whatsoever that, due to odor, attraction of flies or other pests, or for any other reason which diminishes the rights of the adjacent property owners to enjoy reasonable use of their property. h. No commercial activity such as the selling of eggs or chickens for meat shall be permitted to occur from the residential property. L A zoning waiver shall be required prior to the keeping of chickens on residentially zoned properties or the placement of any associated structures. Q. 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. 236 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. 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. R. 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 percent (40%) of the gross site acreage of the townhouse development. 237 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 percent (40%) 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 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: 238 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 percent (40%) 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. d. Membership in the management structure shall be mandatory for all residential property owners, present or future, within the development. 239 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 percent (80%) 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. (7-7-05; 7-17-14; 7-21-16; 11-17-16; 2-16-17; 3-16-17.) Sec. 5-5003. - Supplementary use regulations for civic use types. A. Adult care center. 1. Proof that all required local, state, or federal licenses, permits, and other documents necessary for the operation of an adult care center shall be provided to the zoning administrator prior to the issuance of a zoning permit. 2. The zoning administrator shall be notified of any license expiration, suspension, revocation or denial within three (3) days of such event. Failure to do so shall be deemed willful noncompliance with the provisions of this zoning ordinance. 3. Where provided for in the zoning district(s) regulation(s) as a conditional use, an adult day care center may be permitted by the board of 240 supervisors with a recommendation by the planning commission upon a finding of the following criteria: a. That the adult care center will not create excessive traffic, insufficient parking, number of individuals being cared for, noise, or type of physical activity; and 4. A conditional use permit shall not be required for an adult care center that is operated by a religious organization, in buildings or structures on property regularly used as a place of worship, or on adjacent leased property. B. Cemetery. 1. Any burial plot on land abutting a public or private street shall comply with the required front yard setback of the underlying zoning district and twenty-five (25) feet from all property lines. 2. Arrangements for perpetual maintenance of the cemetery shall be in compliance with all applicable governmental laws and regulatory requirements and shall be approved by the county attorney as to form. 3. Cemeteries and distance from wells. All cemeteries shall meet the requirements set forth below unless otherwise exempted by the department of health. Well Class Class 3A or deep well Class 3B well t Class 3C or a shallow well �T Class 4 well Distance from Cemetery Minimum 50 feet Minimum 50 feet Minimum 100 feet Minimum 100 feet 4. Landscaping shall be distributed across the area developed as a cemetery to provide a minimum of ten percent (10%) canopy coverage or shading within twenty (20) years. The proposed location for a cemetery shall be compatible with adjacent land uses, existing or proposed highways, and any other elements or factors deemed to affect the public health, safety, and welfare of the inhabitants of such district. C. Child care center. 1. Proof that all required local, state, or federal licenses, permits, and other documents necessary for the operation of a child care center shall be provided to the zoning administrator prior to the issuance of a zoning permit. 2. The zoning administrator shall be notified of any license expiration, suspension, revocation or denial within three (3) days of such event. Failure to do so shall be deemed willful noncompliance with the provisions of this zoning ordinance. 3. Where provided for in the zoning district(s) regulation(s) as a conditional use, a child care center may be permitted by the board of supervisors with OZII a recommendation by the planning commission upon a finding of the following criteria: a. That the child care center will not create excessive traffic, insufficient parking, number of individuals being cared for, noise, or type of physical activity; b. That there is ample indoor and outdoor play space, free from hazard, appropriately equipped, and readily accessible for the age and number of children attending the child day care center; and c. That the area of the property upon which the child care center is located contains no less than one thousand (1,000) square feet per child to be cared for in the child care center. 4. A conditional use permit shall not be required for a child care center that is operated by a religious organization, in buildings or structures on property regularly used as a place of worship, or on adjacent leased property. D. Child care institution. 1. Setbacks adjacent to single-family residential districts or property used for single-family dwellings shall be at least sixty (60) feet. No active recreational areas, refuse containers, parking or vehicular access, etc., should be located within this setback area. 2. Perimeter landscaping shall be in accordance with use types as specified in article VIII, and fencing shall be required. 3. Entrances for vehicular access must be provided in accordance with requirements of the Virginia Department of Transportation, and shall be located at least sixty (60) feet from exterior lot lines. 4. Vehicular parking shall be in accordance with the requirements of this ordinance. 5. lighting shall be installed in accordance with article XI (outdoor lighting requirements and restrictions) and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. E. Community center. 1. Pedestrian access and/or bike paths shall be provided to adjacent residential developments. A bike parking area shall also be provided. 2. Entrances for vehicular access must be provided in accordance with requirements of the Virginia Department of Transportation, and shall be located at least fifteen (15) feet from any recreational use on the lot and from exterior lot lines. 3. Vehicular parking shall be in accordance with the requirements of this ordinance and shall not be designed as to require or encourage cars to back into a street. 4. Lighting shall be installed in accordance with article XI (outdoor lighting requirements and restrictions) and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. 242 F. Educational facility, primary/secondary. ..... Facilities in the RAC and VC enlarged without a conditional use permit provided that all other site plan requirements are met. G. Modular classroom...... Modular classroom unit(s) shall only be allowed on a temporary basis, not to exceed twelve (12) months, on the site of an existing primary/secondary, college/university, or religious assembly educational facility. 1. No more than three (3) units shall be allowed on a single site without approval of a conditional use permit. 2. The placement of the modular classroom unit(s) shall meet all of the required building setbacks for the underlying zoning district. In addition, all modular classroom unit(s) shall be setbacks at least thirty-five (35) feet from the front or primary entrance of the permanent education facility. 3. The existing parking on the site shall meet the requirements of article X, including spaces necessary to serve users of the modular classroom unit(s). 4. Exterior lighting of the modular classroom unit(s) shall be shielded and shall have zero (0) spillover onto adjacent properties. 5. If existing landscaping on the site does not meet the requirements of article VIII, additional landscaping shall be required to attain the minimum buffer and frontage zone landscaping requirements of the site. Foundation zone planting is not required for modular classroom units which are in place less than twelve (12) months. 6. Modular classroom unit design and installation shall meet all applicable federal, state and local building code regulations. 7. Modular classroom which require placement longer than twelve (12) months or construction of additional parking shall require a conditional use permit. H. Nursing home...... Buildings in existence as of the date of adoption of this ordinance may be expanded or enlarged without a conditional use permit provided that all other site plan requirements are met. 1. Public maintenance and service facility...... Outside storage of materials shall be completely screened from public view, including vehicular storage area. J. Public park and recreational area. 1. All outdoor recreational playfields, grounds and facilities and associated fences or enclosures hall conform to the required front and corner side yard building setbacks of the underlying zoning district. 2. Recreational structures for indoor recreation shall meet the required setbacks of the underlying zoning district for a primary use. 3. Pedestrian access shall be provided whenever practicable to adjacent residential properties. 4. Entrances for vehicular access must be provided in accordance with requirements of the Virginia Department of Transportation, and shall be located at least fifteen (15) feet from any recreational use on the lot and twenty-five (25) feet from any exterior lot line. 243 5. Vehicular parking shall be in accordance with the requirements of this ordinance and hall not be designed as to require or encourage cars to back into a street. 6. Lighting shall be installed in accordance with article XI (outdoor lighting requirement and restrictions) and shall be arranged to shine inward o that it does not reflect onto adjacent properties or impair the safe movement of traffic. 7. All public swimming pools shall conform to the following minimum requirements: a. Setback requirements: Seventy-five (75) feet from any property line. 1. Additional setback requirements: 1. Setback adjacent to residential zone: One hundred twenty- five (125) feet. 2. Setback adjacent to railroad right-of-way, publicly point: Twenty-five (25) feet. b. Any buildings erected on the site of any such pool shall comply with the yard requirements of the zone in which the pool is located. 8. A public water supply shall be available and shall be used for the pool. Use of a private supply of water for the pool may be granted by conditional use permit provided that it will not adversely affect the water supply of the community. 9. Perimeter landscaping shall be in accordance with article VIII and fencing shall be required adjacent to a residential zone. 10. Special conditions deemed necessary to safeguard the general community interest and welfare, such as provisions for off-street parking, additional fencing or planting or other landscaping, additional setback from property lines, location and arrangement of lighting and other reasonable requirements, including a showing of financial responsibility by the applicant, may be required by the board of supervisors with a recommendation from the planning commission as a requisite to the granting of a conditional use when applicable. K. Religious assembly. 1. Religious facilities in the RAC, RR, NC, and VC districts in existence as of the date of this ordinance may be expanded or enlarged without a conditional use permit provided that all other site plan requirements are met. 2. Religious assembly may occupy existing civic or commercial facilities in the RAC, VC, GC and PD -MX districts as a principal, accessory or temporary use provided that the existing site improvements, particularly parking, are adequate to accommodate the demands of the use and provided that the use is allowed under the conditional zoning of the property, if applicable. Any new construction, expansion, or enlargement shall obtain a conditional use permit in accordance with this ordinance. L. Utility service, minor...... All new customer utilities, services, including, but not limited to, all wires, cables, pipes, conduits and appurtenant equipment, carrying or used in connection with the furnishing of electric power, telephone, telegraph, cable televisions, petroleum, gas, steam, water or sewer system, hall, after the effective date of this ordinance be placed below the surface of the ground; provided, that: 1. Equipment such as electric distribution transformers, transmission 33 KV and above, switchgear, meter pedestals and telephone pedestals, which are normally installed above ground and in accordance with accepted utility practices for underground distribution systems may be so installed; 2. Meters, service connections and similar equipment normally attached to the outside wall of the premises it serves may continue to be so installed; 3. Overhead utilities services existing as of October 29, 1974, may be repaired, replaced or increased in capacity; and relocated parallel and adjacent to preexisting state roads; 4. Temporary overhead facilities required for construction purposes will be permitted; 5. Whenever relocation of utility facilities is compelled by any construction undertaken by any unit of government, the provisions of this section may be waived by the board of supervisors or its agent; 6. Overhead farm and industrial customer utility services and wiring which is on property owned and/or occupied by the users thereof will be permitted; 7. Underground utilities will not be required in those areas of the county zoned rural agricultural conservation districts under the zoning ordinance of Isle of Wight County; 8. Underground utilities will not be required in industrial parks which would be defined as subdivisions by the subdivision ordinance of isle of Wight County if zoned to an industrial use under the zoning ordinance of Isle of Wight County; 9. Overhead utilities services may be extended within a subdivision where the average lot size (excluding the original parcel) is greater than five (5) acres and may further be extended in any case where such extension would be parallel and adjacent to public roads existing as October 29, 1974. Utilities services along roads not existing as of October 29, 1974, and internal to a subdivision where the average lot size (excluding the original parcel) is five (5) acres or less must be underground. Overhead utilities service may be extended along or across other public road as authorized by the zoning administrator. 10, All improvements herein required shall be in accordance with accepted standards of utility practice for underground construction. M. Utility services, major. 1. Public utility buildings in any permitted residential zone shall have the exterior appearance of residential building. Landscaping shall be provided in accordance with article VIII. 2. Nothing herein shall require a conditional use permit for repair of a water well so long as the design capacity of the repaired well is not increased; 245 nor shall a conditional use permit be required for replacement of a well which is worn out or has become less productive, so long as: a. The replacement well is no more than one-fourth (%) of a mile in distance from the well being replaced; b. The replaced well is abandoned in accordance with regulations administered and enforced by Virginia Department of Environmental Quality or other applicable agency; c. The replacement well shall draw water from the lower cretaceous aquifer (Potomac Group) only; d. The owner of the well demonstrate to the zoning administrator that the replacement well will provide no more water than the well being replaced by providing the zoning administrator board with the initial production tests of the well being replaced and the initial production tests of the replacement well; and e. The average static water level of the lower cretaceous aquifer, as determined from the average of all monitoring and observation wells of the Virginia Department of Environmental Quality, has not dropped more than fifty percent (50%) from the most recent average static water level. (Measured from the most recent average static water level to the top of the aquifer.) Provided, further, that if the owner has more than one (1) well designed or capable of producing fifty thousand (50,000) gallons or more per day located in Isle of Wight County, Virginia, the owner shall provide the zoning administrator with the name, location and initial production tests of such other wells of said design or capacity. 3. The dissolution or abandonment of a public water system previously approved by the Virginia Department of Health and/or the county shall require obtaining a conditional use permit from the board of supervisors, after recommendation from the planning commission. (7-7-05; 5-27-10; Ord. No. 2012-2-C) 2-16-12, 3-20-14; 12-18-14.) Sec. 5-5004. - Supplementary use regulations for office use types. Reserved. (7-7-05.) 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) identify(s) such uses subject to the following standards: 1. No such regulated use shall be permitted: 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: 246 L 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. 2. The distance for the written notice to adjoining property owners asset forth in Section 1-1021 of this ordinance shall be extended to one thousand feet (1,000) for the purposes of this use. 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. L 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. L 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. 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; 247 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. C. 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. 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: L 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: NM 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: 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. 8. 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 m section 1-1017 for conditional uses. D. 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 249 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. 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. E. Commercial equip repair, accessory to dwelling. 1. The operation and use shall not occupy a building larger than two thousand (2,000) square feet. 250 2. Outdoor storage shall be prohibited. F. 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 sheriff's 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. G. 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. 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 fighting shall be located, shielded, landscaped, or otherwise buffered so that no direct light shall constitute an intrusion into any residential area. H. 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 S. 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. I. Construction office, temporary. 251 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. J. 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 one hundred (100) feet from any adjoining residential di strict, in addition to meeting the landscaping zone requirements of article VIII. K. 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. L. 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. M. 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. 252 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. N. 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. 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. 0. 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. P. Gasoline station. 1. The following shall be required for all gasoline station uses: a. In addition to the buffer zone planting requirements of article Vlll, 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. 253 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. 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. 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. Q. 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. 254 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 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. R. 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 located not 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, 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 ten (10) feet from any property line, and shall meet the screening zone requirements as specified in article VIII. S. 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. T. 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: 255 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. 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 Vlll. 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. U. 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 Vill. 2. Tasting rooms, restaurants, retail space, and other uses shall not exceed fifty percent (50%) of the floor area of the establishment. V. Motor vehicle dealership, new. 1. General standards: 256 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. 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 landscaping zone requirements of article VIII. W. 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. X. Motor vehicle parts/supply, 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. Y. 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 257 be prohibited, except that not more than one (1) gasoline pump shall be permitted, but only for the fueling of rental vehicles. 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 as not to reflect or to cause glare into any residential zone. Z. 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. AA. 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. BB. Restaurant, drive-in [fast food]...... General standards. 0 CC. 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. 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/or as an animal food source shall be prohibited. (7-7-05; Ord. No. 2012-1 0-C, 10-18-12; 9-18-14; 11-17-16.) Sec. 5-5006. - Supplementary use regulations for industrial use types. A. Abattoir or livestock processing. 1. General development standards: a. Waste or any decomposable residue from the livestock processing or abattoir operation shall only be disposed of in strict compliance with any applicable state regulations. b. Measures shall be developed to mitigate obnoxious odors, dust, smoke, or similar nuisances. C. Any livestock processing or abattoir operation shall meet the requirements of site plan review and approval set out in article VII. d. Design, construction, and operation of the facility must meet or exceed the requirements of all current state and federal regulations. Specifically, the operation must conform to any guidelines or specifications concerning such design, construction, and operation as published or otherwise disseminated by the U.S. Department of Agriculture. 2. Livestock processing or abattoirs may be permitted in the rural agricultural conservation (RAC) district subject to the following standards: a. No livestock processing or abattoirs shall be constructed or established within one -half -mile radius of any property zoned residential. b. A minimum of twenty (20) acres is required for any livestock processing or abattoir operation. if the operation includes a feedlot, the minimum area required shall be increased subject to any applicable regulations promulgated by the Virginia Department of Environmental Quality pertaining to the confinement of livestock. 259 C. Stock pens or buildings or structures associated with the livestock processing or abattoir operation shall be at least three hundred (300) feet from any public right-of-way and must be at least five hundred (500) feet from any property line of any property not associated with the abattoir. 3. Livestock processing or abattoir operations may be permitted in the general industrial (GI) zoning district subject to the following standards: a. Minimum acreage: Five (5). b. Minimum setback: Two hundred (200) feet, from the nearest property line, except that a retail sales outlet may be a minimum of seventy (70) feet from any public right-of-way. B. Asphalt/Concrete plant...... General standards: 1. In considering a conditional use permit request for an asphalt/concrete plant, in addition to the general standards contained in section 1-1017 of this ordinance, the board shall specifically consider and set standards for the following: a. The maximum height of any structure and any additional setback requirements necessary to compensate for any increased height. b. Specific measures to control dust during the construction and operation of the plant. c. Specific levels of noise permitted during the daytime and nighttime operation of the plant, as measured at adjacent property lines, and any additional requirements for the design or operation of the plant intended to reduce noise. 2. All commercial vehicles used in conjunction with the asphalt/concrete plant shall be fully screened from the public right-of-way, from adjacent properties by masonry or concrete walls designed to be compatible with the principal building that it serves. 3. The outdoor storage of tools, bulk or bag materials, and similar items shall only be allowed within a fully screened storage area. C. Construction yard...... General standards: 1. All materials stored on the property 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. In considering a conditional use permit request for a construction yard, in addition to the above standards and the general standards contained in section 1-1017 of this ordinance, the board may consider and set standards for the following: a. Provisions for screening of any vehicles, equipment, materials and storage yards in accordance with article VIII. b. The maximum height of any structure and any additional setback requirements necessary to compensate for any increased height. c. Specific measures to control dust on the site. 260 3. In the VC district, the following standards shall apply: a. The maintenance and repair of all vehicles and equipment shall be conducted within an enclosed building. D. Landfill, industrial...... No site shall be developed as an industrial landfill except in the conformance with the zoning district regulations as a conditional use. Minimum standards for an industrial landfill shall be as follows: 1. A minimum buffer two hundred (200) feet in width is required adjacent to residential districts or uses and a minimum buffer one hundred (100) feet in width is required adjacent to public rights-of-way. 2. The additional standards required in subsection 5-5006.F.3., below, for a sanitary landfill. E. Landfill, rubble...... No site shall be developed as a rubble landfill and no existing rubble landfill shall be enlarged or altered except in conformance with the zoning district(s) regulation(s) as a conditional use. Minimum standards for a rubble landfill shall be as follows: 1. Minimum lot area of ten (10) acres shall be required. 2. A minimum buffer two hundred (200) feet in width is required adjacent to residential districts or uses and a minimum buffer one hundred (100) feet in width is required adjacent to public rights-of-way. 3. The additional standards required in subsection 5-5006.F.3., below, for a sanitary landfill. F. Landfill, sanitary...... No site shall be developed as a sanitary landfill or solid waste disposal site, and no existing sanitary landfill shall be enlarged, altered, or changed in use, except in conformance with the zoning district regulations of this ordinance and the following provisions: 1. Minimum lot area of one hundred (100) acres shall be required. 2. A minimum buffer three hundred (300) feet in width is required adjacent to residential districts or uses and a minimum buffer, one hundred fifty (150) feet in width is required adjacent to public rights-of-way. 3. Additional standards for landfills: a. Access from paved streets is required. Said streets shall be able to withstand maximum load limits established by the Virginia Department of Transportation (VDOT). b. Access shall not be through any residential subdivision or development. C. In addition to, and to the interior of, any required buffer zone plantings, a minimum six -foot -high solid board fence or masonry wall shall be required around all property lines adjacent to property zoned or developed for residential uses. d. The operation of the sanitary landfill shall comply with all applicable federal, state, and county licensing, permits, and authorization. G. Recycling center...... General standards: 1. Where receptacles for recyclable materials are located outside of a building, they shall be located so as to not disrupt or interfere with on-site 261 traffic circulation, required fire lanes or required parking, loading or stacking areas. 2. Specific circulation pattern shall be established to provide safe and easy access to recycling receptacles. Adequate space shall be provided for the unloading of recyclable materials. 3. A regular schedule for picking up recycled materials shall be established and maintained. 4. The site shall be maintained free of litter. 5. Where receptacles for recyclable materials are located outside of a building, they shall be screened from public view in accordance with the screening zone specifications of article VIII. H. Resource extraction...... When established as a conditional use, processing and removal of sand, gravel, or stone, stripping of topsoil (but not including stripping of sod), and borrow pits, shall be subject to the following standards: 1. Exemptions. a. Any operator engaging in mining and disturbing less than one (1) acre of land and removing less than five hundred (500) tons of material at any particular site is exempt from the provisions of this ordinance; providing, however: L Excavation or grading when conducted solely in aid of on-site farming or construction. ii. Each person intending to engage in such restricted mining shall submit an application for exemption, a sketch of the mining site and an operations plan to the zoning administrator, who shall approve the application if he determines that the issuance of the permit shall not violate the provisions of this ordinance. 2. Permit required...... It shall be unlawful for any person, firm, partnership or corporation to break or disturb the surface soil or rock in order to facilitate or accomplish the extraction or removal of minerals, ores, rock or other solid matter including any activity constituting all or part of a process for the extraction or removal of minerals, ores, rock or other solid matter so as to make them suitable for commercial, industrial, or construction use but does not include those aspects of deep mining not having significant effect on the surface without first obtaining a conditional use permit to do so from the board of supervisors of Isle of Wight County. Nothing herein shall apply to strip mining of coal. Such permits shall not be transferable. 3. Application and procedures...... The application shall be signed by the operator and the landowner and when issued shall be issued in the name of the operator and shall not be transferable between operators. The application fee shall be as prescribed in Table 3 (fee schedule for zoning applications). If the operator believes changes in his original plan are necessary or if additional land not shown as part of the approved plan of operation is to be disturbed, he shall submit an amended plan of operation, which shall 262 be approved by the board of supervisors in the same manner as an original. Application for excavation permits shall be directed to the board of supervisors of Isle of Wight County and shall be filed with the zoning administrator. The application shall include the following information and attachments: a. The common name and geologic title, where applicable, of the mineral, ore or other solid matter to be extracted; b. A description of the land upon which the applicant proposes to conduct mining operations, which description shall set forth the location of its boundaries and any other description of the land to be disturbed in order that it may be located and distinguished from other lands and easily ascertainable as shown by a map attached thereto showing the amount of land to be disturbed; c. The name and address of the owner or owners of the surface of the land; d. The name and address of the owner or owners of the mineral, ore or other solid matter; e. The source of the operator's legal right to enter and conduct operations on the land to be covered by the permit; f. The total number of acres of land to be covered by the permit; g. A reasonable estimate of the number of acres of land that will be disturbed by mining operations on the area to be covered by the permit during the ensuing year; h. Whether any borrow pit permits of any type are now held by the applicant and the number thereof; i. Name and address of the applicant, if an individual; the names and addresses of all partners, if a partnership; the state of incorporation and the name and address of its registered agent, if a corporation; or the name and address of the trustee, if a trust; j. If known, where the applicant or any subsidiary or affiliate or any partnership, association, trust or corporation controlled by or under common control with the applicant, or any person required to be identified by subsection 3.i. of this section, has ever had a borrow permit of any type issued under the laws of this or any other state revoked or has ever had a mining or other bond, or security deposit in lieu of bond, forfeited; k. The application for a permit shall be accompanied by the minimum number of copies required by the application of an accurate map or plan and meet the following requirements: L Be prepared by a licensed engineer or licensed surveyor; ii. Identify the area to correspond with the land described in the application; 263 iii. Show adjacent deep mining, if any, and the boundaries of surface properties, with the names of the owners of the affected area which lie within one hundred (100) feet of any part of the affected area; iv. Be drawn to a scale of four hundred (400) feet to the inch or better; v. Show the names and locations of all streams, creeks or other bodies of public water, roads, buildings, cemeteries, oil and gas wells, and the utility lines on the area affected and within five hundred (500) feet of such area; vi. Show by appropriate markings the boundaries of the area of land affected, the outcrop of the seam at the surface or deposit to be mined, and the total number of acres involved in the area of land affected; vii. Show the date on which the map was prepared, the north arrow and the quadrangle name; viii. Show the drainage plan on and away from the area of land affected, including the directional flow of water, constructed drainage ways, natural waterways used for drainage and the streams or tributaries receiving the discharge; I. Provide information delineating the vehicular access to be utilized by the excavation operator and a statement listing the various public streets/highways to be used as haul routes; m. Provide an erosion and sedimentation control plan designed in accordance with all applicable state requirements related to land -disturbing activities; n. Provide an estimation of the total number of cubic yards to be excavated; p. Provide the proposed date on which excavation operations will commence, the proposed date on which such operation will be completed and the proposed date all required restoration measures will be completed; q. The name and address of the operator. No permit shall be issued by the board of supervisors until the planning commission and zoning administrator have approved the plan of operation from the applicant as hereinafter provided. 4. Operations plan required. ..... The application for a permit shall be accompanied by an operations plan in such form and with such accompanying material as the zoning administrator shall require. The operations plan shall describe the specifications for surface grading and restoration, including sketches, delineating placement of spoil, stockpiles and tailing ponds, to a surface that is suitable for the proposed subsequent use of the land after reclamation is completed. The operations plan shall include a provision for reclamation of all land estimated to be affected by the mining operation for which the permit is sought. The reclamation provision shall be in such form and contain such 264 accompanying material as the zoning administrator shall require and shall state: a. The planned use to which the affected land is to be returned through reclamation; b. Proposed actions to assure suitable reclamation of the affected land for the planned use to be carried out by the applicant as an integral part of the proposed mining operation and to be conducted simultaneously insofar as practicable. The board can set schedules for the integration of reclamation with the mining operation according to the various individual mineral types. 5. Reclamation...... It shall be the policy of the board of supervisors to encourage adoption of productive land use, such as pasture, agricultural use, recreational areas, sanitary landfills, forestry and timberland operations, industrial and building sites, and to consider the general original contour in determining the particular reclamation program for the acreage. The reclamation shall be conducted simultaneously with the mining operation insofar as practicable The zoning administrator may require an amendment to the operations plan to meet the exigencies of any unanticipated circumstances or event. 6. Application processing...... The zoning administrator shall transmit the application to the planning commission for consideration by said planning commission. The planning commission shall consider the location of the proposed excavation and the plans accompanying the application. The planning commission shall make its recommendation to the board of supervisors for approval, disapproval or amendment of the application. 7. Operating and development requirements. a. Setbacks for borrow pits and other excavations...... The edge of an excavation area for borrow pits and other purposes shall be located at least such distance as to protect adjoining property from collapse, caving or sliding, but in no event shall such excavation areas be less than two hundred (200) feet from adjoining property lines or others. The setback area shall not be used for any purpose during the period of excavation, including overburden and spoil storage, except as access and temporary topsoil storage. b. Access roads. ..... All access roads shall be constructed so as to intersect as nearly as possible at right angles with public streets and highways and no access road shall intersect any public road at any angle of less than sixty (60) degrees. Where necessary, dust control measures shall be taken. c. Roadside landscape...... Existing trees and ground cover along public street frontage shall be preserved for a depth of two hundred (200) feet, maintained and supplemented during the period of excavation, if deemed desirable by board of supervisors with a recommendation from the planning commission. The type, design and spacing of supplementary planting shall be approved by the zoning administrator. d. Fencing/gate requirements...... The zoning administrator, as herein defined, may require the entire excavation operation to be fenced with gates constructed at all entrances to be kept locked at all times when not in use. The zoning administrator shall determine the type of fencing and gates taking into consideration the activity to be conducted, the location of the site relative to adjoining property owners, degree of development of the surrounding area, visibility of the site as an attractive nuisance, and potential of the site for unauthorized accessibility by the public. 8. Restoration requirements. ,,.,, The site shall be reclaimed in accordance with state standards. 9. Planning commission and board of supervisors...... Upon receipt of a reasonable plan of operation as prescribed hereinabove, the zoning administrator shall present the plan to the planning commission for review and the planning commission shall make its recommendation to the board of supervisors. The board of supervisors may issue the permit with or without conditions to ensure compliance with this ordinance unless they find that the applicant has had control or has had common control with a person, partnership, association, trust or corporation which has a borrow pit permit revoked or bond or other security forfeited for failure to reclaim lands as required by the provisions of this ordinance. 10. Application for permit; adjoining landowners...... In addition to all other notice requirements contained in this ordinance and otherwise required by law, all property owners located within one thousand (1,000) feet of the property line of any land proposed to be permitted shall be notified by first class mail at least ten (10) days prior to the planning commission's public hearing. The zoning administrator shall be responsible for this notification. 11. Succession of one (1) operator by another at uncompleted project...... Where one (1) operator succeeds another at the uncompleted operation, whether by sale, assignment, lease, merger or otherwise, the board of supervisors may release the first operator from all liability under this ordinance as to that particular operation; provided, however, that the successor operator has been issued a permit and has otherwise complied with the requirements of this ordinance, and the successor operator assumes, as part of his obligation under this ordinance, all liability for the reclamation of the area of land affected by the first operator. No fee, or any portion thereof, paid by the first operator shall be returned to either operator. The permit fee for the successor operator for the area of land permitted by the first operator shall be as prescribed for a new application in Table 3 (fee schedule for zoning applications). The permit for the successor operator shall be valid for the remaining period left on the original permit. 12. Notice of noncompliance served on operator. ..... The zoning administrator may cause a notice of noncompliance to be served on the operator whenever the operator fails to obey any order by the zoning administrator to: 266 a. Apply the control techniques and institute the actions approved in the operations and reclamation plan; b. Comply with any required amendments to the operations or reclamation plan; c. Comply with any other requirement of this ordinance; d. A copy of the notice shall be delivered to the operator or served by certified mail addressed to the operator at the permanent address shown on the application for a permit. The notice shall specify in what respects the operator has failed to obey the order of the zoning administrator and shall require the operator to comply with the order within a reasonable period of time as fixed by the zoning administrator, following service for the notice. If the operator has not complied with the requirements set forth in the notice of noncompliance within the time limits fixed therein, the board of supervisors shall revoke the permit and declare the forfeiture of the entire bond, which, when collected, shall be used by the County of Isle of Wight in performing reclamation under the provisions of this ordinance. I. Scrap and salvage service...... A scrap materials, and salvage service may be permitted as a conditional use when consistent with the zoning district regulations, provided: 1. Such facilities shall be screened from view with a solid fence or wall along all property lines six (6) feet in height, except for approved access crossing and utility easements. Said fence or wall shall be located interior to any required buffer or landscape strip and shall present a finished side to the exterior property line(s). 2. Vehicles shall not be stored or stacked so that they are visible from any adjacent properties. J. Shipping container. ..... The placement, use and storage of shipping containers shall be authorized only as follows: 1. Shipping containers used in conjunction with bona fide agricultural uses are exempt from the provisions of this part, except that shipping containers used in conjunction with bona fide agricultural uses shall: a. Not be visible from any road or adjacent residential uses. 2. Shipping containers used for any other use besides a bona fide agricultural use shall adhere to the following provisions: a. The shipping containers are used in the active transport of goods, wares or merchandise in support of a lawful principal use of the property. b. The shipping containers are placed or stored in areas depicted on an approved site plan. c. Shipping containers shall not be stored in salvage yards. Furthermore, there shall be no storage of raw materials and shipping containers simultaneously on any property. 267 d. The shipping containers must comply with development criteria relating to setbacks for principal buildings in the industrial district where permitted and landscape buffer yards. e. Shipping containers shall not be stacked to exceed a total of three (3) containers or thirty-eight (38) feet in height, whichever is less. Stacked containers must comply with the Virginia Statewide Fire Prevention Code, as amended. h. No shipping container shall be placed on or otherwise block or restrict access to fire hydrants, fire lanes or required parking spaces. K. Towing service storage yard. ..... A towing service storage yard may be permitted as a conditional use when consistent with the zoning district regulations, provided: 1. Such facilities shall involve temporary storage (typically ninety (90) days or less) of inoperable motor vehicles. 2. Inoperable, junk, wrecked vehicles shall be completely screened from view with a solid fence or wall six (6) feet in height, except for approved access crossing and utility easements. Such fence or wall shall be uniform and durable, and shall present a finished side to the exterior property line(s). Such fence shall be properly maintained and located interior to any required buffer or landscape strip. 3. No junk, wrecked vehicles or parts thereof shall be collected or stored outside the required fence or in piles more than six (6) feet in height. 4. With the exception of the removal of tires and rims, the on-site dismantling of vehicles is prohibited, as well as the collection or storage of any material containing or contaminated with dangerous explosives, chemicals, gases, combustible or radioactive substances. S. Such facilities shall be operated and maintained in such a manner as not to allow the breeding of rats, flies, mosquitoes or other disease carrying animals and insects. (7-7-05; Ord. No. 2012-10-C, 10-18-12, 6-19-14.) Sec. 5-5007. - Supplementary use regulations for miscellaneous use types. A. Reserved. B. Amateur radio tower. 1. 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. 2. The following setback requirements shall apply to all towers and antennas: a. The tower must be set back from any off-site residential structure no less than the full height of the tower structure and height of any mounted antenna. b. Towers, guys and accessory facilities must satisfy the minimum setback requirements for primary structures. C. Aviation facility...... An aircraft landing area or airport may be permitted, provided: 1. A satisfactory airspace analysis by the Federal Aviation Administration for operation under visual flight rules shall be submitted with the use permit application. 2. For fixed -wing aircraft, a clear zone extending one thousand (1,000) feet from the end of all runways shall be secured through ownership or easement, but, in no case, shall the end of a runway be closer than two hundred (200) feet from any property line. 3. For both fixed- and rotary -wing aircraft, neither the landing area nor any building, structure, or navigational aid shall be located within four hundred (400) feet of any property line adjacent to a residential district or use. i. Landing areas for rotary -wing aircraft shall be designed to comply with the Airport Design Guide of the Federal Aviation Administration. D. Communication tower (and associated substation). 1. General description...... The purpose of this section is to establish general guidelines for the siting of towers and antennas. The goals of this section are to: a. Encourage the location of towers in nonresidential areas and minimize the total number of towers and tower sites throughout the community. b. Encourage strongly the joint use of new and existing tower sites. c. Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal. d. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas. e. To provide adequate sites for the provision of telecommunication services with minimal negative impact on the resources of the county. This section is intended to comply with all federal and state regulations. 269 2. Applicability. ..... This section shall not govern any tower, or the installation of any antenna, that is: a. Under fifty (50) feet in height; b. Owned and operated by a federally licensed amateur radio station operator; c. Used exclusively for receive only antennas for amateur radio station operation; d. Used solely as part of an agricultural operation; or e. Towers or antennas used primarily by governmental agencies for public safety communications and emergency services are exempt from the conditional use permit process, provided they meet the guidelines set forth by [subsection] 5-5007.D.13 and 14 of the Zoning Ordinance as determined through the preliminary site development plan process. 3. Existing structures and towers...... The placement of an antenna on or in an existing structure such as a building, sign, light pole, water tank, or other freestanding structure or existing tower or pole shall be permitted so long as the addition of said antenna shall not add more than twenty (20) feet in height to said structure or tower and shall not require additional lighting pursuant to FAA (Federal Aviation Administration) or other applicable requirements. Such permitted use also may include the placement of additional buildings or other supporting equipment used in connection with said antenna so long as such building or equipment is placed within the existing structure or property and is necessary for such use. The following shall be required of any proposed antenna or "co -location": a. All utilities required will be placed beneath the surface of the ground. b. Commercial wireless service co -locations shall not include facilities for transmitting or receiving signals by governmental agencies. c. All co -locations must be in compliance with Federal Communication Commission (FCC) standards for non -ionizing electromagnetic emissions. In addition, a non -ionizing electromagnetic radiation (NIER) report shall be required for any proposed co -location if an impact analysis for that co -location port was not included within the NIER report submitted at the tower approval stage. 4. General guidelines and requirements. a. Must consider county -owned locations first in considering new builds. b. Must agree up front to escrow or payment in lieu of escrow. c. Principal or accessory use: i. For purposes of determining compliance with area requirements, antennas and towers may be considered either principal or accessory uses. 270 ii. An existing use or an existing structure on the same lot shall not preclude the installation of antennas or towers on such lot. iii. For purposes of determining whether the installation of a tower or antenna complies with district regulations, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased area within such lots. iv. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure. 5. Inventory of existing sites...... Each applicant for an antenna and or tower shall provide to the department of planning and zoning an inventory of its existing facilities that are either within the locality or within five (5) miles of the border thereof, including specific information about the location, height, and existing use and available capacity of each tower. The department of planning and zoning may share such information with other applicants applying for approvals or conditional use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the locality, provided, however that department of planning and zoning shall not, by sharing such information, in any way represent or warrant that such sites are available or suitable. 6. Design and lighting requirements...... The requirements set forth in this section shall govern the location of all owners and the installation of all antennas governed by this section; provided, however, that the board of supervisors may waive any of these requirements if it determines that the goals of this section are better served thereby. a. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA (Federation 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. b. 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. C. 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. d. Towers shall not be artificially lighted, unless required by the FAA (Federal Aviation Administration) or other applicable authority. If lighting is required, the board of supervisors may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. 271 e. No advertising of any type may be placed on the tower or accompanying facility unless as part of retrofitting an existing sign structure. f. To permit co -location, the tower may be required to be designed and constructed to permit extensions. 7. Federal requirements. ..... All towers 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. 8. 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. 9. Information required for conditional use permit. ..... Each applicant requesting a conditional use permit under this section shall submit a scaled plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping and adjacent uses. The county may require other information to be necessary to assess compliance with this section. Additionally, the applicant shall: a. Provide actual photographs of the site from all geographic directions (north, south, east, and west) and from any additional vantage point specified by the zoning administrator; and b. Erect a temporary structural marker of fluorescent color, not less than ten (10) feet in height and two (Z) feet in diameter, to mark the base of the proposed tower on the site. The photographs shall contain a simulated photographic image of the proposed tower and include the foreground, the mid -ground, and the background of the site. The structural marker shall be erected at the time of application and removed within ten (10) days after the final public hearing for the proposed conditional use permit request. The objective of the photograph simulations and structural marker shall be to provide a vertical representation of the structure for survey of the visual impacts the tower will have from significant highway corridors, residential properties, and historic/significant areas. In addition to the above required information, the applicant shall also submit the following: 272 a. An engineering report from a qualified radio-frequency engineer that is sealed and signed and specifies the height above grade for all potential mounting positions for co -location antennae and the minimum required separation distances between antennae to ensure no frequency interference. b. An engineering report from a qualified structural engineer that is sealed and signed, and supports the proposed vertical design separation of antennae and includes the following: i. The tower height and design including cross-section and elevation. ii. Structural mounting designs and materials list. iii. Certification that the proposed tower is compatible for co - location with a minimum of six (6) users (including the primary user) at the heights proposed and specification on the type of antennae that the tower can accommodate. c. The applicant shall provide copies of its co -location policy. d. The applicant shall provide copies of propagation maps demonstrating that antennas and sites for possible co -locator antennae are no higher in elevation than necessary. e. The personal communications service carrier shall be a co -applicant for all applications. f. For the purpose of determining the tower's suitability for use in the case of a local, state, or national emergency, the applicant shall provide written information specifying what measures will be provided to accomplish continued communications operations in the event of power outages caused by a manmade or natural disaster, i.e., backup generators, etc. 10. Factors considered in granting conditional use permits for new towers. ..... The board of supervisors of isle of Wight County shall consider the following factors in determining whether to issue a conditional use permit for new towers. The board of supervisors may waive or reduce the burden on the applicant of one (1) or more of these criteria if the board of supervisors concludes that the goals of this section are better served thereby: a. Height of the proposed tower; b. Proximity of the tower to residential structures and residential district boundaries; c. Nature of the uses of adjacent and nearby properties; d. Surrounding topography; e. Surrounding tree coverage and foliage; f. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; g. Proposed ingress and egress; h. Co -location policy; 273 i. Language of the lease agreement dealing with co -location; j. Consistency with the comprehensive plan and the purposes to be served by zoning; k. Availability of suitable existing towers and other structures as discussed below; i. Proximity to commercial or private airports; and M. Level of emergency preparedness for the individual site and contribution to the county -wide emergency response plan. 11. Availability of suitable existing towers or other structures...... No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the board of supervisors of Isle of Wight County that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted should consist of the following: a. No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements; b. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements; c. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment, and cannot be retrofitted to accommodate additional users; d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna; e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure or sharing are unreasonable. Costs exceeding tower or structure for sharing are unreasonable; and f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. 12. Setbacks. ..... The following setback requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the board of supervisors of Isle of Wight County may reduce the standard setback requirements if the goals of this section would be better served thereby. a. The tower must be set back from any off-site residential structure no less than four hundred (400) feet. b. A setback of one (1) foot horizontally for each foot in height shall be provided from the base of the tower structure to any adjoining property line (other than the property of the lessor). c. Towers, guys and accessory facilities must satisfy the minimum zoning district setback requirements for primary structures. 13. Security fencing...... Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an 274 appropriate anti -climbing device; provided, however, that the board of supervisors of Isle of Wight County may waive such requirements, as it deems appropriate. 14. Landscaping. ..... The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required; provided, however, that the board of supervisors of Isle of Wight County may waive such requirements if the goals of this section would be better served thereby: a. Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the support buildings from adjacent property. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the facilities. b. In locations in which the board of supervisors of Isle of Wight County finds that the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether. c. Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, the board of supervisors of Isle of Wight County may determine the natural growth around the property perimeter may be sufficient buffer. d. Existing trees within the lesser of two hundred (200) feet or the area controlled by the applicant/owner shall not be removed except as may be authorized to permit construction of the tower and installation of access for vehicle utilities. 15. Local government access...... Owners of towers shall provide the county a right of first refusal for co -location opportunities as a community benefit to improve radio communication for county departments and emergency services, provided it does not conflict with the co -location requirement of subsection 9.a., of this section. 16. Removal of abandoned antennas and towers...... Any antenna or tower 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 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 insure that the funds necessary for removal are available to the county in the event the structure is abandoned. 17. Required yearly report...... The owner of each such antenna or tower shall submit a report to the board of supervisors of Isle of Wight County once a year, no later than July 1. The report shall state the current user status of the tower. MIR 18. Review fees. ..... Any out-of-pocket costs incurred for review by a licensed engineer of any of the above -required information shall be paid by the applicant. E. Composting system, confined vegetative waste or yard. 1. All composting operations shall submit the following in order to make application for a conditional use permit: a. A written plan operation demonstrating the composting facility owner and operators understand and will apply the principles and proper methods of composting. The plan also must demonstrate that the composting facility will be operated in a manner that will not pose a threat to human health and the environment, and the intended use of the compost. b. The plan shall include standards for siting, design, construction, operation, closure, and permitting procedures for vegetative waste management facilities, including yard waste composting facilities. c. The plan shall also specifically address odor minimization, including seasonal variations that effect wind velocity and direction shall be described. 2. All state, federal and local permits shall be obtained and submitted to the department of planning and zoning prior to operation. 3. A composting system shall not include the land application of compostable organic material to forestall or agricultural lands. F. Reconstructed wetland. 1. Intent...... The purpose of requiring a conditional use permit is to ensure consistency with the comprehensive plan and appropriate land use. Reconstructed wetlands, once permitted by state and federal agencies, become a permanent long-term land use that is expensive and difficult to re -permit if it is poorly placed on the landscape. Such facilities should therefore be evaluated in relationship to the long range plans of the county. Issues related to the technical design, feasibility, etc., shall remain the jurisdiction of the Army Corps of Engineers and the Department of Environmental Quality and shall not be a consideration m evaluating the conditional use permit request. G. Shooting range, outdoor. 1. General standards: a. The site or area used as a shooting range or match shall be fenced, posted every fifty (50) feet or otherwise restricted so that access to the site is controlled to insure the safety of patrons, spectators and the public at large. b. The county sheriff shall review and make recommendations for the design and layout of any shooting range or match as to its safety to patrons of the range as well as surrounding property owners. As a general guideline, the following distances shall be maintained unless modified in writing by the county sheriff: 276 L The minimum distance from any firing point measured in the direction of fire to the nearest property line shall not be less than three hundred (300) feet; ii. Where a backstop is utilized to absorb the discharged load, the minimum distance may be two hundred (200) feet; and iii. No firing point shall be located within one hundred (100) feet of an adjoining property line. 2. The distance for the written notice to adjoining property owners as set forth in Section 1-1021 of this ordinance shall be extended to one thousand feet (1,000) for the purposes of this use. H. Turkey shoot. 1. General standards: a. A turkey shoot shall be on a site of not less than three (3) acres. b. The firing line or points shall be located at least one hundred (100) feet from any public road. C. The site shall be so designed that the distance to any adjacent property measured from the firing point or points in the direction of fire shall be not less than six hundred (600) feet, or an earthen backstop of twenty (20) feet or greater shall be provided a minimum of two hundred (200) feet from the firing line. d. Shotguns only shall be used in a turkey shoot. e. The use or discharge of firearms shall be prohibited between the hours of 9:30 p.m. and 7:00 a.m. f. A zoning permit shall be valid for a period not to exceed sixty (60) consecutive days. g. A turkey shoot shall not be conducted on the same property for more than ninety (90) days in any twelve-month period. (7-7-05; Ord. No. 2011-11-C, 7-7-11; Ord. No. 2013-1-C, 4-18-13; 7-17-14; 7-21-16.) For state law as to authority of the county to regulate boating within its territorial waterways, see Code of Va., § 29.1-700 et seq. Article Vl. - Overlay Districts. Sec. 6-1000. - Intent of Overlay Districts. Special overlay zoning districts are designed to provide an additional layer of zoning regulations beyond those restrictions provided for in the base zoning district. Such regulations are intended to address a particular and unique aspect of land use and serve to supplement the base zoning standards. (7-7-05.) Sec. 6-1001. - Highway Corridor Overlay (HCO) District. Sec. 6-1002. - Purpose. The purpose for establishing these provisions is to protect the aesthetic and visual character of lands in Isle of Wight County adjacent to major existing and proposed highway corridors, as defined herein, and to provide for and promote 277 their orderly development. The overlay district regulations are intended to supplement the regulations of the underlying zoning districts and to provide for compatibility of development along the identified corridors. All development proposed within this district shall be subject to the procedures, standards, and guidelines specified in the following sections, in addition to those standards pertaining to the particular base zoning district in which the development occurs. In particular, the purpose of the Highway Corridor Overlay District is to: A. Encourage and better articulate positive visual experiences along the county's major existing and proposed highway corridors; B. Provide for the continued safe and efficient use of these highway corridors; C. Maintain natural beauty and scenic, cultural, and historic character of these corridors, particularly distinctive views, vistas, and visual continuity; D. Protect existing natural vegetation and wildlife habitats along these corridors; E. Discourage indiscriminate clearing, excessive grading, and clear cutting along these corridors; F. Minimize cut and fill operations by placing emphasis on the retention of natural topography of these corridors; and G. Minimize intersections and individual site access points along these corridors. The zoning administrator shall evaluate all proposed development activities within the Highway Corridor Overlay District, which will include a review of the location, character and appearance of new development in the district. It is the purpose of such review to determine, in a cooperative fashion with the applicant, whether a proposed development plan meets the guidelines and other standards of this district. (7-7-05.) Sec. 6-1003. - Applicability. A. The Highway Corridor Overlay District shall include all lands within five - hundred (500) feet of each side of the following arterial rights-of-way, except within the Newport Development Service Overlay (NDSO) District, which is regulated by section 6-2000. 1. United States Highway Route 58 Business, extending between the corporate boundary of the City of Suffolk and the City of Franklin; 2. United States Highway Route 258 (outside of the NDSO); 3. United States Highway Route 460; 4. Virginia Highway Route 10 Business and Route 10 Bypass (outside of the NDSO); 5. Virginia Highway Route 32 (outside of the NDSO); and 6. Virginia Highway Route 260. B. The boundary of the Highway Corridor Overlay District may either follow a fixed distance as set forth in item A. above or the defined boundaries of a natural or man-made feature as determined by the zoning administrator. 278 C. The boundary of the Highway Corridor Overlay District shall be shown on the official Isle of Wight County zoning map and shall be delineated as a surveyed line on any property proposed for development. (Ord. No. 2012-8-C, 8-16-12.) Sec. 6-1004. - Affected development. A. Review required...... All proposed development activities located within the highway corridor overlay district shall be reviewed and approved by the zoning administrator, or if applicable, by the board of supervisors following a recommendation by the planning commission in accordance with the regulations contained herein and part 2 of article VII (development review). Any changes shall also receive such approval before proceeding. B. Development activity permitted within the district...... There shall be no expansion or enlargement of the existing condition of the lands, uses or structures, or change in use as defined in section 5-1003, change in use, within the highway corridor overlay district from the date of enactment of this article henceforth, except as provided for by this section or by other sections of this article. C. Development activity prohibited within the district...... These regulations are supplementary to the permitted uses and requirements for the appropriate underlying zoning district as contained in the Isle of Wight County Zoning Ordinance. Uses prohibited in the underlying zoning district are also prohibited in the highway corridor overlay district. (7-7-05; 8-20-09; Ord. No. 2012-8-C, 8-16-12, 3-20-14.) Sec. 6-1005. - Exemptions to the highway corridor overlay district requirements. A. Single-family dwellings. ..... The construction of detached single-family dwellings on individual lots or parcels within the highway corridor overlay district which are not located within a residential subdivision are exempt from this section. For the purpose of this section, a subdivision shall consist of a minimum of five (5) lots all platted at the same time. Also, construction of detached single-family dwellings on lots or parcels within a residential subdivision are exempt if the subdivision plat was legally recorded prior to adoption of this section. B. Agricultural structures. ..... The construction of bona fide agricultural structures required for on -premises farming operations involving the cultivation of crops or the raising and keeping of livestock and the preparation of land for cultivation of crops are exempt from this section. C. Forestry operations...... Timbering or silvicultural activities is permitted upon any lot, parcel, or tract of land located within the district except that clear - cutting in any district other than lands zoned RAC, shall not occur within at least fifty (50) feet from any of the arterial rights-of-way as designated in section 6-1003. D. Nonconforming sites developed or platted prior to November 5, 1992...... Exemptions, whether partial or total, from highway corridor overlay district site design provisions may be granted by the board of supervisions following a recommendation by the planning commission if it can be sufficiently demonstrated that such requirements will create an undue hardship upon an existing situation. In such cases, the board of supervisors may require the 279 establishment of shared parking and access easements between adjacent nonconforming properties or other consistent provisions to accomplish the purpose and intent of the district. 1. A one-time exemption may be granted by the zoning administrator for the expansion of an existing developed property to enlarge the total square footage of the principle building by not more than twenty-five percent (25%) of the total floor area; however, in no case shall such an expansion exceed twenty-five hundred (2,500) square feet. Any subsequent future expansion of floor area will require compliance with the standards of this district. 2. A one-time exemption may be granted by the zoning administrator for a single accessory building of no greater than five hundred (500) square feet. Any subsequent future expansion of floor area will require compliance with the standards of this district. (7-7-05; 8-20-09; Ord. No. 2012-8-C, 8-16-12, 3-20-14.) Sec. 6-1006. - Minimum visual buffer along the corridor right-of-way. A. A continuous minimum visual buffer of fifty (50) feet shall be provided between the right-of-way line of the subject arterial highway and all proposed structures, vehicular movement and parking areas. The purpose of the minimum visual buffer is: 1. To soften the appearance of structures, vehicular movements and parking areas from the road; 2. To screen vehicular headlight glare on- and off-site; 3. To lessen spillover light from on-site lighting; 4. To retain the naturally occurring buffer vegetation for its softening effect. B. Except in the RAC zoning district, no existing vegetation of any type, size, or origin shall be altered or removed within the minimum visual buffer unless it satisfies the requirements of section 6-1007, permitted activity in the minimum visual buffer. C. This buffer shall be enhanced or created to meet the requirements of the development frontage zone, as specified in article VIII, where existing vegetation does not meet the development frontage zone requirements of article VIII. (7-7-05; 8-20-09; Ord. No. 2012-8-C, 8-16-12.) Sec. 6-1007. - Permitted activity in the minimum visual buffer. A. Within the minimum visual buffer there shall be no development, clearing, grading, or construction activity with the following exceptions: 1. Roadway or driveway access to the portion of the site not in the minimum visual buffer is permitted provided that it is approximately perpendicular to the arterial public right-of-way; 2. Water, sanitary sewer, storm drainage, electrical, telephone, natural cable, and utility service lines may be installed below the surface of the ground at right angles provided that the natural vegetation is preserved and protected to the greatest extent practicable, and frontage zone landscaping points requirements are met. Where such existing or proposed utility easements substantially reduce the area devoted to 280 landscaping in the buffer below the frontage zone landscaping points requirements, an additional amount of landscaping beyond the fifty (50) feet may be required; 3. Sidewalks, or other pedestrian and bicycle paths designed to provide continuous connection along the road corridor may be permitted, provided that they can be constructed without materially reducing the screening and visual softening capacity of the required landscaping; 4. Signs are permitted in accordance with article IX; 5. Clearing for sight distances is permitted at the entrances and exits to any development as needed to provide for reasonable traffic safety, in accordance with accepted traffic engineering practices recommended or required by the Virginia Department of Transportation; 6. The trimming of existing limbs or branches of preserved trees is permitted, when approved by the zoning administrator. B. The following cases anticipate those situations where the board of supervisors following a recommendation by the planning commission may determine that the minimum visual buffer requirements may be reduced or removed: 1. Views and vistas of existing buildings which heighten the visual experience serve as important points of spatial identification or contain value as important historical resources; 2. Views and vistas of existing natural landscape/topographical features of a particular area of the district which correspond to certain high points affording panoramic views, views involving settlement clusters, views of water, tidal and nontidal wetlands, tributary streams, and other elements of the physical landscape; 3. Views and vistas to existing recreational/open space areas, whether natural or man-made, which serve to contribute to the overall visual environment. Such uses include, but are not limited to, golf courses, state or local parks, equestrian centers, and cemeteries, etc.; 4. Views and vistas which give the observer an awareness of a location's inherent character related to views of farmland, pastures, and water activities, such as docks or other maritime activities. C. Where a proposed development intends to further enhance or protect the existing visual environment, the board of supervisors may exempt, wholly or partially, the proposed development from the required minimum visual buffer. Examples include the following: 1. A proposed development which by virtue of the characteristics of its structures indicates innovation of design, a unique relationship with the site, represents a focal point and establishes a particular identifying element for the county; 2. A proposed development which exhibits innovative or unique uses of site landscaping, or which combines in the use of the site, open recreational areas such as described above. (7-7-05; 8-20-09; Ord. No. 2012-8-C, 8-16- 12, 3-20-14.) 281 Sec. 6-1008. - Yard and height requirements. A. Yard requirements. 1. The following yard requirements shall apply to any lot or parcel located along the arterial rights-of-way, as designated in section 6-1003; a. Front yard setback:..... Fifty (50) feet. b. Side yard setback:..... Ten (10) feet. c. Rear yard setback:..... Ten (10) feet. 2. All lots not located along arterial rights-of-way shall follow the yard requirements of the underlying zoning district; however, no structures, vehicular movements or parking areas, other than to provide perpendicular access to the site, shall be permitted in the setback. 3. All corner lots along arterial rights-of-way with a corner side yard along a street other than an arterial right-of-way shall meet the front setback requirement of the underlying zoning district along the corner side not fronting the arterial. No structures, vehicular movements or parking areas, other than to provide perpendicular access to the site, shall be permitted in the setback. B. Height requirements...... The maximum height of all structures shall be as permitted by the underlying zoning district(s) and subsection 5-2000.C, building height limitations. (7-7-05; Ord. No. 2012-8-C, 8-16-12.) Sec. 6-1009. - Access and internal circulation. The purpose and intent of this section is to maximize the functional capacity and maintain the level of service of highways within the Highway Corridor Overlay District; to minimize the number of access points to these arterials and other public rights-of-way within the district; to promote the sharing of access and the ability to travel between sites; to provide pedestrian circulation networks among residential, commercial, office, civic and recreational areas; and to enhance safety and convenience for land uses within the district. A. Access to arterial highways...... Access from any parcel or lot having frontage along an arterial highway within the district and in existence prior to November 5, 1992, shall be permitted one (1) direct access point to said highway, unless an access plan is submitted and approved by the zoning administrator and the Virginia Department of Transportation for more than one (1) access point as provided for in subsection D. of this section. B. Access for two (2) or more lots under singular ownership...... If two (2) or more adjacent parcels are placed under one (1) common ownership and/or control, such assembly shall be permitted only one (1) direct access to the arterial highway within the district, unless an access plan is submitted to, and approved by the zoning administrator and the Virginia Department of Transportation for more than one (1) access point. C. Access from lots or parcels not permitted direct access...... Direct access to arterial highways shall be provided by one (1) or more of the following means for lots or parcels not permitted direct access to the arterial, 282 subject to approval by the zoning administrator and the Virginia Department of Transportation: 1. Access to the site may be provided by an existing or planned public road perpendicular to the arterial highway; and/or 2. Access to the site may be provided via the internal circulation of a shopping center, an office complex, or similar group of buildings having access in accordance with an approved access plan; and no additional direct access shall be provided to the site from a public street intended to carry through traffic over and above those entrances which may exist to provide access to the shopping center, office complex, or similar group of buildings; and/or 3. Controlled access to the site may be provided by a service drive generally parallel with the arterial highway, but located behind the minimum visual buffer as defined in section 6-1006; 4. Access to the site may be provided by the use of reverse frontage or double frontage lot layouts on parallel roads. All minimum buffers shall be maintained as required by section 6-1006; 5. Access to the site may be provided by the use of shared entrances with those established or likely to be required on adjacent sites to minimize curb -cuts or increase spacing between curb -cuts; 6. Access to the site may be provided by the use of deceleration or turning lanes where access must be from the arterial highway with sufficient capacity to avoid stacking or queuing of entering vehicles on the arterial highway, in accordance with Virginia Department of Transportation standards. The means of access control provided shall be that which effectively minimizes creation of new intersections and new individual site access locations along the corridors and best preserves highway traffic capacity. D. Access plan...... An access plan shall be submitted and approved prior to development plan approval for those lots or parcels which will generate two hundred (200) average daily trips (ADT) or more, or those proposing more than one (1) access point to an arterial highway as governed by the provisions of this section. Such access plan shall be drawn to scale, including dimensions and distances, and clearly delineate the traffic circulation system and the pedestrian and bicycle circulation system as coordinated within the development and adjacent properties including the location and width of all streets, driveways, parking aisles, entrance to parking areas, walkways and bicycle paths. The location of future transit stops shall also be shown within the access plan. E. Traffic impact analysis...... A traffic impact analysis shall be submitted to, and approved by the zoning administrator under the following circumstances: 1. Any proposed development which will generate two hundred (200) average daily trips (ADT) or more based on vehicular trip generation rates as defined by the Institute of Transportation Engineers` publication, Trip Generation, or the Virginia Department of Transportation. 283 2. At the request of the zoning administrator, when the proposed development is expected to significantly impact the vehicular movement on the arterial highways within the district. The traffic impact analysis shall indicate the cumulative effect of the relationship of the proposed development to traffic and road use in the immediate and surrounding area for the arterial roads and all secondary roads between the arterial roads that serve to provide access to the development. F. Internal circulation...... Sites shall be designed to achieve direct and convenient vehicular, pedestrian, and bicycle connections vehicular circulation between adjacent properties and buildings in a single development project. (7-7-05; 8-20-09; Ord. No. 2012-8-C, 8-16-12.) Sec. 6-1010. - Architectural and development guidelines for all nonresidential uses. The compatible relationship of architecture along highways within the highway corridor overlay district is of critical public concern for any structures or site improvements. The purpose and intent of these architectural guidelines and development standards is not to stifle innovative architecture or development, but to assure respect for and to reduce incompatible and adverse impacts on the visual experience from the highway. A. Architectural guidelines...... The architectural design of structures and their materials and colors shall be visually harmonious with the overall appearance, history, and cultural heritage of Isle of Wight County, with natural landforms and existing vegetation. Specific consideration shall be given to compatibility with adjacent properties where such projects demonstrate the county's character. Design and architectural features will demonstrate consistency with the following provisions: 1. A shopping center, office complex or similar group of buildings shall be arranged in such a manner to minimize the impact of vehicle parking areas along the arterial with buildings fronting the arterial, and parking being located towards the center of the development away from the arterial. No greater than twenty-five (25) percent of the required parking shall be located in front of the primary structure. However, when more than twenty-five (25) percent of the required parking is to be located in front of the primary structure; a decorative fence no less than three (3) feet in height hall be constructed between the parking and the public right-of-way. This fence shall not count towards the required landscaping points for any specified landscaping zone. 2. Stucco, natural wood siding, brick, stone, decorative block, cementitous siding or other materials with similar texture and appearance are considered appropriate to county character and shall be provided on all exterior elevations. Alternative materials that provide an equivalent appearance and durability of the above may be approved by the zoning administrator. Vinyl siding, flat or corrugated metal and concrete block shall not be used for exterior siding material on any building, except that vinyl siding may be used as trim material. The exterior covering material shall extend to the ground, except that when a solid brick or masonry perimeter foundation is used, exterior covering material need not extend below the top of the foundation. 3. Avoidance of long monotonous facade designs including, but not limited to, those characterized by unrelieved repetition of shape or form or by unbroken extension of line shall be avoided by incorporating the following: a. Facades fronting a street under two hundred (200) horizontal feet in length shall incorporate vertical elements and materials changes in the architectural design which break the visual monotony of the continuous fagade. b. Facades fronting a street in excess of two hundred (200) horizontal feet in length shall incorporate item a. above as well as recesses and projections in the architectural design which break the visual monotony of the continuous fagade. 4. No building facade will consist of architectural materials inferior in quality, appearance, or detail to any other facade of the same building. The intent of this requirement is not to preclude the use of different materials on different buildings' facades (which would be acceptable if representative of good architectural design), but rather to preclude the use of inferior materials on sides which face adjoining property and thus, might adversely impact existing or future development causing a substantial depreciation of property values. This requirement shall not apply to a building fagade which is not visible from the public right of way as approved by the Zoning Administrator. 5. Not less than sixteen percent (16%) of the total area of any facade visible from a public way (excluding work areas) shall consist of windows and doors. 6. Large work area doors or open bays shall not open toward or face the highway. 7. Heating, ventilating, and air conditioning equipment, duct work, air compressors and other fixed operating machinery shall be either screened from view or located so that such items are not visible from the highway. Utility meters, aboveground tanks, satellite dishes, antennas, etc., shall be similarly treated. 8. The exterior of the foundation walls shall be of brick or masonry construction, except when the exterior wall material extends to the ground in accordance with subsection 6-1010.A.2. 9. Colors of paints and stains shall be nature -blending with generally no more than three (3) colors per building. Semitransparent stains are recommended for application on natural wood finishes. 10. Entryways and landings visible from public areas should be covered by a roof that is an integrated and compatible component to the roof and architectural treatment of the main structure. 11. Fencing along the highway right-of-way is discouraged, but if used, such fencing shall be landscaped to minimize visibility from the highway or be of a style which is harmonious with the rural, agricultural and historical character of the county. Chain link fences small be prohibited. 285 B. Development standards...... Proposed development within the district should provide for visual compatibility and harmony with surrounding natural landforms and vegetation; be protective of views and vistas from the arterial highways within the district; and provide continuity of site design within the proposed development. These objectives include the following standards: 1. Earth moving, fill, grading, clearing of property, and the removal of trees and vegetation shall be the minimum necessary to provide for the use. In particular, activities that could cause disruption of natural watercourses or disfiguration of natural landforms are prohibited. 2. Proposed development shall be located and configured in a visually harmonious manner with the terrain and vegetation of the parcel and surrounding parcels. Structures shall not impede scenic views from the main highway or from existing structures and the natural environment. 3. Structures shall not dominate, by excessive or inappropriate height or mass, any general development, adjacent building, or natural landscape in an incompatible manner. 4. Architectural lighting shall be recessed under roof overhangs or generated from concealed source, low-level light fixtures. 5. Lighting shall be installed in accordance with article XI (outdoor lighting requirements and restrictions) and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. 6. Vehicular movement and parking areas requiring five (5) spaces or more shall be paved with concrete, asphalt, or other similar material. Vehicular movement and parking areas requiring less than five (5) spaces may be surfaced with gravel or other similar material but must be served by paved entrances meeting Virginia Department of Transportation standards. Concrete curb and gutter or other stormwater management structure as approved by the zoning administrator shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed so as not to interfere with pedestrian traffic. 7. Outdoor storage and display areas shall be as permitted by the underlying zoning district in the side and rear yards only, provided that all outdoor storage and display areas shall be visually screened from public rights-of-way, internal roadways, and adjacent property using the screening zone standards found in article VIII. 8. Loading areas shall be permitted only in the side or rear yards and shall be visually screened from public rights-of-way, and adjacent property using the screening zone standards found in article VIII. 9. Large trash receptacles, dumpsters and recycling bins, must be completely screened from view of the street and any adjoining lot using the screening zone standards found in article VIII. 10. Screening, when required, shall be installed in accordance with the screening zone standards of article VIII and shall be depicted on the landscaping plan. :9 11. Site development should include streetscape improvements. These improvements are considered as those architectural or functional facilities or structures that occur on-site but are not part of the building and that encourage and facilitate human interaction with the built environment. Examples include, but are not limited to, the following: decorative light fixtures, fountains, sculptures, benches and tables, planters, retaining walls, pedestrian and bicycle paths, bicycle parking structures, trash receptacles and enclosures, vendor areas, and fences. The following streetscape improvements are required: a. A customized entrance at the entry street intersecting the arterial or collector which features a waterfall, sculpture, monument, signage, ornamental landscaping, specialty pavement, enhanced fence wall details, or boulevard median. b. Sidewalks, or other pedestrian and bicycle paths, including picnic and rest areas, as appropriate. These improvements shall be designed to be consistent with all requirements listed above, and shall be reviewed for aesthetic functionality and compatibility with county character. 12. To the greatest extent possible, stormwater management structures and facilities shall be placed outside of the landscaping zones identified in article VIII. When placement of stormwater management structures and facilities in a landscaping zone is demonstrated as unavoidable by the applicant, and approved by the zoning administrator and is not prohibited elsewhere in this ordinance, such structure or facility shall be landscaped in a naturalized pattern utilizing native species and the landscaping points required for the area encompassed by the stormwater management structure or facility shall be disbursed throughout the remaining area of the landscaping zone. 13. Crime prevention through environmental design (CPTED) principles should be incorporated into site design to maximize public safety through effective design of buildings, parking lots and public spaces. Principles include territoriality, surveillance, and access control. (7-7- 05; 8-20-09; Ord. No. 2012-8-C, 8-16-12, 3-20-14.) Sec. 6-1011. - Reserved. On Nov. 5, 2009, the section pertaining to sign regulations in Highway Corridor Overlay (HCO) District was deleted. Formerly that section was designated as 6- 1011; however, on Aug. 20, 2009, this ordinance was amended to delete section 6-1003 causing the renumbering of the remaining sections. Sec. 6-1012. - Reserved. On July 21, 2009, the section pertaining to tree protection was deleted. Sec. 6-1013. - Reserved. On July 21, 2010, the section pertaining to landscaping requirements was deleted. 287 Sec. 6-1014. - Development plan review. A. Applicability...... All development proposed in the Highway Corridor Overlay District and other applicable projects small submit a development plan to the zoning administrator for review in accordance with section 7-2000 [part 2 of article VII] (development review). (7-7-05; 8-20-09; Ord. No. 2012-8-C, 8-16- 12.) Sec. 6-1015. - Exceptions. A. A request for an exception to the requirements of the highway corridor overlay district shall be made in writing to the zoning administrator for consideration by the board of supervisors following a recommendation by the planning commission in accordance with section 7-2000 [part 2 of article VII] (development review). The request shall be accompanied by those documents determined by the zoning administrator to be necessary for the board of supervisor's consideration of the request. B. The board of supervisors in formulating a decision shall consider the following: 1. Such exception shall be no less beneficial to the residents or occupants of the development, as well as neighboring property, that would be obtained under the applicable regulation; 2. That the exception is reasonable because of the high level of design and construction that will be incorporated in the development; 3. That the exception will result in design and construction that is in accordance with accepted engineering and building standards. C. Any person or persons jointly or severally aggrieved by a decision of the board of supervisors may present to the circuit court of the County of Isle of Wight a petition specifying the grounds on which aggrieved within thirty (30) days after the final decision of the board of supervisors. Costs shall not be allowed against the board of supervisors, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed therefrom. (7-7-05; 8-20-09; Ord. No. 2012-8-C, 8-16-12, 3-20-14.) Sec. 6-2000. - Newport Development Service Overlay (NDSO) District. Sec. 6-2001. - Purpose. The purpose for establishing these provisions is to create a clear and consistent set of uniform design standards that would apply to all properties throughout the Newport Development Service Overlay District. The design standards outlined in this section are intended to facilitate the creation of a convenient, attractive, and harmonious community as stated in Section 15.2-2283 of the Code of Virginia. Furthermore, these design standards are established to +preserve historical sites and architectural areas within the district and those lands that are contiguous to arterial streets that are significant routes of tourist access to designated historic landmarks, buildings, structures or districts (Section 152-2306 Code of Virginia). As the county is one (1) of the original eight (8) shires, and with the presence of the historical St. Luke's Church within the NDSO, and the historic Town of Smithfield as its neighbor, these design standards are established to preserve the historic character, architectural forms, patterns and significance of these areas. These regulations are intended to supplement regulations in the underlying zoning districts and to provide for orderly and coherent development within the entire Newport Development Service Overlay District. All development proposed within this district shall be subject to the procedures, standards, and guidelines specified in the following sections, in addition to those standards pertaining to the particular base zoning district in which the development occurs. In particular, the purpose of the Newport Development Service Overlay District is to: 1. Encourage building designs that promote the historic nature and value of the district and county; 2. Encourage contiguous, mature and healthy landscaping in site design, parking lots and along major corridors within the district; 3. Encourage site design techniques that maximize public safety and promote the character of the district through the effective design of buildings, parking lots and public spaces; 4. Provide for the continued safe and efficient use of roadways; 5. Maintain natural beauty and scenic, cultural, and historic character of the district, particularly distinctive views, vistas, and visual continuity; 6. Promote traffic calming devices that provide safe on-site circulation of vehicular, pedestrian or bike traffic; 7. Promote flexible design criteria to ensure the reuse of nonconforming property; 8. Encourage sign design standards that are functional and efficient, decrease visual clutter, and are compatible with building designs within the district; 9. Encourage the interconnectivity of commercial, office, civic and residential uses through the use of roadways, pedestrian walkways, and bicycle paths; 10. Encourage the preservation of open space for active and passive recreation; 11. Encourage public access to waterways through the use of greenway/pedestrian walkways; 12. Promote best management practice (BMP) facilities and low impact development design standards (LIDDS) that enhance the site design and promote health and safety; 13. Encourage the use of clustering in residential development to preserve open space, trees and greenways, and reduce the overall impact of new development on the habitat; 14. Encourage the use of traditional neighborhood development (TND) design concepts to minimize impact on public services, maximize the use of public infrastructure, and allow a mix of residential uses with compatible commercial and civic uses that offer employment opportunities as well as provide services to the neighboring residential community; and 289 15. Encourage the use of appropriate lighting standards to promote safety and protect against light intrusion and glare. (7-7-05.) Sec. 6-2002. - Boundary. The boundaries of the Newport Development Service Overlay District shall be determined by the boundaries depicted on the Newport Development Service Overlay District Land Use Plan Map as shown in the comprehensive plan, may be amended by the board of supervisors. The current boundary shall be shown on the official zoning map. (7-7-05.) Sec. 6-2003. - Affected development. A. Review required...... All proposed development activities located within the Newport Development Service Overlay District shall be reviewed and approved by the zoning administrator and, if applicable the board of supervisors following a recommendation by the planning commission, in accordance with the regulations contained herein and part 2 of article VII [section 7-2000 et seq.] (development review). Any changes made to the plan, after initial approval by the zoning administrator must receive additional approval by the zoning administrator. B. Development activity permitted within the district...... There shall be no expansion or enlargement of the existing condition of the lands, uses or structures, or change in use as defined in section 5-1003, change in use within the Newport Development Service Overlay District from the date of enactment of this section henceforth, except as provided for by this section or by other sections of this ordinance. C. Development activity prohibited within the district...... These regulations are supplementary to the permitted uses and requirements for the appropriate underlying zoning districts. Uses prohibited in the underlying zoning districts are also prohibited in the Newport Development Service Overlay District (7-7- 05; 8-20-09, 3-20-14.) Sec. 6-2004. - Exemptions to the Newport Development Service Overlay District requirements. A. Single-family dwellings. ..... The construction of detached single-family dwellings on individual lots or parcels within the Newport Development Service Overlay District which are not located within a residential subdivision are exempt from this section. For purpose of this section, a residential subdivision shall consist of a minimum of five (5) lots all platted at the same time. Construction of detached single-family dwellings on lots or parcels within a residential subdivision are exempt if the subdivision plat was legally recorded prior to adoption of this section. B. Agricultural structures. ..... The construction of bona fide agricultural structures required for on -premises farming operations involving the cultivation of crops or the raising and keeping of livestock and the preparation of land for cultivation of crops are exempt from the requirements of this district. C. Forestry operations...... Timbering or silvicultural activities is permitted upon any lot, parcel, or tract of land located within the district except that clear - 290 cutting in any district, other than lands zoned RAC, shall not occur within at least fifty (50) feet from any of the arterial rights-of-way: 1. United States Highway Route 17; 2. United States Highway Route 10; 3. United States Highway Route 32 and 258. D. Nonconforming sites developed or platted prior to November 5, 1992...... Exemptions, whether partial or total, from Newport Development Service Overlay District site design provisions may be granted by the board of supervisors following a recommendation by the planning commission in accordance with section 7-2000 et seq. [part 2 of article VII] (development review) if it can be sufficiently demonstrated that such requirements will create an undue hardship upon an existing situation. In such cases, the board of supervisors may require the establishment of shared parking and access easements between adjacent nonconforming properties or other consistent provisions to accomplish the purpose and intent of the district. 1. A one-time exemption may be granted by the zoning administrator for the expansion of an existing developed property to enlarge the total square footage of the principle building by not more than twenty-five percent (25%) of the total floor area; however, in no case shall such an expansion exceed twenty-five hundred (2,500) square feet. Any subsequent future expansion of floor area will require compliance with the standards of this district. 2. A one-time exemption may be granted by the zoning administrator for a single accessory building of no greater than five hundred (500) square feet. Any subsequent future expansion of floor area will require compliance with the standards of this district (7-7-05; 8-20-09; Ord. No. 2012-8-C, 8-16-12, 3-20-14.) Sec. 6-2005. - Minimum visual buffer along the rights-of-way of arterial highways within the district. A. A continuous minimum visual buffer of fifty (50) feet shall be provided between the right-of-way line of the subject arterial highway and all proposed structures, vehicular movements and parking areas. For purposes of this section, arterial highways within the district shall be: 1. United States Highway Route 17; 2. United States Highway Route 10; 3. Unites States Highway Routes 32 and 258. B. The purpose of the minimum visual buffer is: 1. To soften the appearance of structures, vehicular movements and parking areas from the road; 2. To screen vehicular headlight glare on- and off-site; 3. To lessen spillover light from on-site lighting; 4. To retain the naturally occurring buffer vegetation intact for its softening effect. 291 C. Except in the RAC zoning district, no existing vegetation of any type, size, or origin shall be altered or removed within the minimum visual buffer unless it satisfies the requirements of section 6-2006, permitted activity in the minimum visual buffer. D. This buffer shall be enhanced or created, where such vegetation does not sufficiently satisfy the standards set forth in article Vlll for the development frontage zone. (7-7-05; Ord. No. 2012-8-C, 8-16-12.) 292 Sec. 6-2006. - Permitted activity in the minimum visual buffer. A. Within the minimum visual buffer there shall be no development, clearing, grading, or construction activity with the following exceptions: 1. Roadway or driveway access to the portion of the site not in the minimum visual buffer is permitted provided that it is approximately perpendicular to the arterial public right-of-way; 2. Water, sanitary sewer, storm drainage, electrical, telephone, natural cable, and utility service lines may be installed below the surface of the ground at right angles, provided that the natural vegetation is preserved and protected to the greatest extent practicable, and frontage zone landscaping points requirements are met; 3. Sidewalks, pedestrian pathways and bicycle paths designed to provide continuous connection along the road corridor may be permitted, provided that they can be constructed without materially reducing the screening and visual softening capacity of the required landscaping; 4. Signs are permitted in accordance with article IX; 5. Clearing for sight distances is permitted at the entrances and exits to any development as needed to provide for reasonable traffic safety, in accordance with accepted traffic engineering practices recommended or required by the Virginia Department of Transportation; 6. The trimming of existing limbs or branches of preserved trees is permitted when approved by the zoning administrator; 7. When, in the opinion of the zoning administrator, the addition of plantings and earthen berms or masonry walls would better achieve the purposes of this district in lieu of the landscaping requirements of the frontage zone. B. The following cases anticipate those situations where the board of supervisors following a recommendation by the planning commission may determine that the minimum visual buffer requirements may be reduced or removed: 1. Views and vistas of existing buildings which heighten the visual experience, serve as important points of spatial identification or contain value as important historical resources; 2. Views and vistas of existing natural landscape/topographical features of a particular area of the district which correspond to certain high points affording panoramic views, views involving existing patterns of development, views of water, tidal and nontidal wetlands, tributary streams, and other elements of the physical landscape; 3. Views and vistas to existing recreational/open space areas, whether natural or man-made, which serve to contribute to the overall visual environment. Such uses include, but are not limited to, golf courses, state or local parks, equestrian centers, cemeteries; 4. Views and vistas which give the observer an awareness of a location's inherent character related to views of farmland, pastures, and water activities, such as docks or other maritime activities. 293 C. Where a proposed development intends to further enhance or protect the existing visual environment, the board of supervisors may exempt, wholly or partially, the proposed development from the required minimum visual buffer. Examples include the following: 1. A proposed development, which by virtue of the characteristics of its structures indicates innovation of design, a unique relationship with the site, represents a focal point and establishes a particular identifying element for the county; 2. A proposed development which exhibits innovative or unique uses of site landscaping, or which combines in the use of the site, open recreational areas such as described above. (7-7-05; 8-20-09; Ord. No. 2012-8-C, 8-16- 12, 3-20-14.) Sec. 6-2007. - Yard and height requirements. A. Yard requirements. 1. All parcels in the Newport Development Service Overlay District along arterial highways, as designated in section 6-2005, within the district, shall comply with the following setbacks: a. Front yard setback:..... Fifty (50) feet. b. Side yard setback:..... Ten (10) feet. c. Rear yard setback:..... Ten (10) feet. 2. All lots not located along arterial highways, as designated in section 6- 2005, shall follow the yard requirements as designated by the underlying zoning district; however, no structures, vehicular movements or parking areas other than to provide perpendicular access to the site, shall be permitted in the setback. 3. All corner lots along arterial rights-of-way with a corner side yard along a street other than an arterial right-of-way shall meet the front setback requirement of the underlying zoning district along the corner side not fronting the arterial. No structures, vehicular movements or parking areas, other than to provide perpendicular access to the site, shall be permitted in the setback. B. Height requirements...... The maximum height of all structures shall be as permitted by the underlying zoning district(s). (7-7-05; 2-13-07; Ord. No. 2012-8-C, 8-16-12.) Sec. 6-2008. - Access and internal circulation. The purpose and intent of this section is to maximize the functional capacity and maintain the level of service of highways within the Newport Development Service Overlay District; to minimize the number of access points to arterials and other public rights-of-way within the district; to promote the sharing of access and the ability to travel between sites; to provide vehicular, pedestrian and bicycle circulation networks among residential, commercial, office, civic, and 294 recreational areas; and, to enhance safety and convenience for land uses within the district. A. Access to arterial highways...... Access from any parcel or lot having frontage along an arterial highway within the district and in existence prior to November 5, 1992, shall be permitted one (1) direct access point to said highway, unless an access plan is submitted and approved by the zoning administrator and the Virginia Department of Transportation for more than one (1) access point as provided for in subsection G. of this section. B. Access for two (2) or more lots under singular ownership...... If two (2) or more adjacent parcels are placed under one (1) common ownership and/or control, such assembly shall be permitted only one (1) direct access to the arterial highway within the district, unless an access plan is submitted to, and approved by the zoning administrator and the Virginia Department of Transportation for more than one (1) access point. C. Access from lots or parcels not permitted direct access...... Direct access to arterial highways shall be provided by one (1) or more of the following means for lots or parcels not permitted direct access to the arterial, subject to approval by the zoning administrator and the Virginia Department of Transportation: 1. Access to the site may be provided by an existing or planned public road perpendicular to the arterial highway; and/or 2. Access to the site may be provided via the internal circulation of a shopping center, an office complex, or similar group of buildings having access in accordance with an approved access plan; and no additional direct access shall be provided to the site from a public street intended to carry through traffic over and above those entrances which may exist to provide access to the shopping center, office complex, or similar group of buildings; and/or 3. Controlled access to the site may be provided by a service drive generally parallel with the arterial highway, but located behind the minimum visual bufferyard as defined in section 6-2005, minimum visual buffer along the rights-of-way of arterial highways within the district; 4. Access to the site may be provided by the use of reverse frontage or double frontage lot layouts on parallel streets. All minimum visual buffers shall be maintained as required by section 6-2005, minimum visual buffer along the rights-of-way of arterial highways within the district; 5. Access to the site may be provided by the use of shared entrances with those established or likely to be required on adjacent sites to minimize curb -cuts or increase spacing between curb -cuts; 6. Access to the site may be provided by the use of deceleration or turning lanes where access must be from the arterial highway with sufficient capacity to avoid stacking or queuing of entering vehicles on the arterial highway; The means of access control provided shall be that which effectively minimizes creation of new intersections and new individual site access locations along the corridors within the Newport Development Service Overlay District and best preserves highway traffic capacity. D. Traffic impact analysis...... A traffic impact analysis shail be submitted to, and approved by the zoning administrator under the following circumstances: 1. Any proposed development which will generate two hundred (200) average daily trips (ADT) or more based on vehicular trip generation rates as defined by the Institute of Transportation Engineers' publication, Trip Generation, or the Virginia Department of Transportation. 2. At the request of the zoning administrator, when the proposed development is expected to significantly impact the vehicular movement on streets within the district. The traffic impact analysis indicating the cumulative effect of the proposed development to traffic and road use in the immediate surrounding area for the arterial roads and all secondary roads between the arterial roads that would serve to provide access to the development. The traffic impact analysis shall include the cumulative effect. E. Internal circulation. ..... Sites shall be designed to achieve direct and convenient vehicular, pedestrian and bicycle connections in a single development project. F. Future transit stops...... Area for future transit stop(s) shall be reserved, particularly near large employers. Instances where such transit stops may be appropriate is mixed use development, office parks, multifamily development, and shopping centers. G. Access plan...... An access plan shall be submitted and approved prior to development plan approval for those lots or parcels which will generate two hundred (200) average daily trips (ADT) or more, or those proposing more than one (1) access point to an arterial highway as governed by the provisions of this section. Such access plan shall be drawn to scale, including dimensions and distances, and clearly delineate the traffic circulation system and the pedestrian and bicycle circulation system as coordinated with adjacent properties including the location and width of all streets, driveways, parking aisles, and entrances to parking areas, walkways and bicycle paths. This plan shall also show the internal circulation of vehicles, bicycles and pedestrian pathways within the development. The location of future transit stops shall also be shown within the access plan. (7-7-05.) Sec. 6-2009. - Development standards. Proposed development within the district shall provide for visual compatibility and harmony with surrounding natural land forms and vegetation; be protective of views and vistas from arterial highways within the district; and provide continuity of site design within the proposed development. These objectives include the following standards: A. Earth moving, fill, grading, clearing of property, and the removal of trees and vegetation shall be the minimum necessary to provide for the use. In particular, activities that could cause disruption of natural watercourses or disfiguration of natural land forms are prohibited. B. Proposed development shall be located and configured in a visually harmonious manner with the terrain and vegetation of the parcel and surrounding parcels. Structures shall not impede scenic views from the highway or from existing structures and the natural environment. C. Structures shall not dominate, by excessive or inappropriate height or mass, any general development, adjacent building, or natural landscape in an incompatible manner. D. 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. E. All vehicular movement and parking areas shall be paved with concrete, asphalt, or other similar material. 1. Parking shall be designed in accordance with one of the following options: a. When all of the parking is located to the side or rear of the primary structure; the front setback may be reduced by up to twenty (20) feet. b. When more than twenty-five (25) percent of the required parking is to be located in front of the primary structure; a decorative fence no less than three (3) feet in height shall be constructed between the parking and the public right-of-way. This fence shall not count towards the required landscaping points for any specified landscaping zone. F. Concrete curb and gutter or other stormwater management structures as approved by the zoning administrator shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed so as not to interfere with pedestrian and bicycle traffic. G. To the greatest extent possible; stormwater management structures and facilities shall be placed outside of the landscaping zones identified in article VIII. When placement of stormwater management structures and facilities in a landscaping zone is demonstrated as unavoidable by the applicant, and approved by the zoning administrator and is not prohibited elsewhere in this ordinance, such structure or facility shall be landscaped in a naturalized pattern utilizing native species and the landscaping points required for the area encompassed by the stormwater management structure or facility shall be disbursed throughout the remaining area of the landscaping zone. H. Crime prevention through environmental design (CPTED) principles should be incorporated into site design to maximize public safety through effective design of buildings, parking lots and public spaces. Principles include territoriality, surveillance, and access control. I. A shopping center, office complex or similar group of buildings shall be arranged in such a manner to minimize the impact of vehicle parking areas 297 along the arterial with buildings fronting the arterial, and parking being located in the center of the development away from the roadway. J. Community and public spaces. 1. Each nonresidential establishment subject to these standards shall contribute to the establishment or enhancement of community and public spaces by providing at least two (2) of the following within the development: a. Patio/seating area; b. Pedestrian plaza with benches; c. Open pace (this is not calculated in open space ratio required for the lot); d. Kiosk/public message board area; e. Water feature; f. Sculpture or public art; or g. Other such amenities, as may be determined by the zoning administrator, that creates such community and public spaces. 2. Any such areas shall have direct access to the public sidewalk network and such features shall not be constructed of materials that are inferior to the principal buildings and site design. K. Connecting uses. 1. Pedestrian pathways and bicycle pathways shall be provided connecting buildings within a development including outparcels and to adjacent developments and neighborhoods. 2. Integrated and consistent site design shall be provided between outparcel buildings and main buildings within a development including landscape amenities and architectural design. 3. Site development shall include streetscape improvements. These improvements are considered as those architectural or functional facilities or structures that occur on-site but are not part of the building and that encourage and facilitate human interaction with the built environment. Examples include, but are not limited to, the following: decorative light fixtures, fountains, sculptures, benches and tables, planters, retaining walls, pedestrian and bicycle paths, bicycle parking structures, trash receptacles and enclosures, a designated vending machine area, and fencing. The following streetscape improvements are required: a. A customized entrance at the entry street intersecting the arterial or collector which features a waterfall, sculpture, monument, special landscaping, specialty pavement, enhanced fence wall details, or boulevard median. These improvements shall be designed to be consistent with all requirements listed above, and shall be reviewed for function and compatibility with district character. L. Sidewalks. 1. Sidewalks, no less than eight (8) feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Sidewalks shall provide weather protection features such as awnings or arcades within ten (10) feet of all customer entrances, parallel to the building and at least six (6) feet deep over the sidewalk. M. Pedestrian and bike pathways. 1. The purpose of this system is to provide for non -vehicular traffic along major corridors and between major destinations, with emphasis on connecting residential areas to schools, recreation areas, and activity centers. 2. Pedestrian and bike pathways shall include the following: a. Provide connections for, within, and between developments for pedestrian and bike traffic. b. Provide facilities to store or lock bicycles at appropriate sties. Including, but not limited to, schools, recreation areas, office parks, public institutions, and activity center focuses. c. Develop the proposed bike pathway system in a manner that links to existing and proposed neighborhoods, park lands, conservation areas, scenic landscapes and historic/cultural sites in accordance with the goals and objectives of the comprehensive plan. N. Pedestrian walkways for shopping centers and retail establishments with a square footage greater than twenty-five thousand (25,000). 1. Continuous internal pedestrian walkways, no less than eight (8) feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, beds, ground covers, or other such materials for no less than fifty percent (50%) of its length. 2. Crosswalks at busy intersections, between major pedestrian destinations, between shopping centers and their parking, shall employ techniques to signal a pedestrian zone both to the motor vehicle and the pedestrian. These techniques include: a. Crosswalks that are slightly raised; b. The use of durable, low maintenance surface materials such as pavers, brick, or scored concrete to enhance pedestrian safety and comfort that are distinguishable from driving surfaces; and c. Bulb -out corners that reduce the length of the crosswalk for the pedestrian. O. Screening. 1. Mechanical equipment, including, but not limited to, heating, ventilating, and air conditioning equipment, duct work, air compressors, utility meters, aboveground tanks, satellite dishes, antennas, whether ground -level or rooftop, shall be shielded and screened from view of adjacent properties and public rights-of-way and designed to be perceived as an integral part of the building. Screening can most often be accomplished through increased parapet height or mansard roof parapet design. 2. Ground -level equipment immediately adjacent to the building should be screened with walls matching the building. 3. Areas for delivery area doors, open bays or truck parking shall not be visible from abutting streets. 299 4. Outdoor storage shall be a permitted by the underlying zoning district in the side and rear yards only, provided that all outdoor storage areas shall be visually screened from public rights-of-way, internal roadway, and adjacent property. Outdoor storage shall include the parking of all commercial vehicles. 5. No areas for outdoor storage, trash collection or compaction, shall be located within twenty (20) feet of any public street, public sidewalk, or internal pedestrian way. They shall be screened from adjacent properties and public rights-of-way by a masonry wall designed to be compatible with the principal building that it serves. If the waste storage area is more than one hundred (100) feet away from the property line, it may be screened by a masonry wall, dense evergreen planting or architectural feature. 6. Loading areas shall be completely screened from view with berms, buildings, and/or durable architectural walls to match the building in which it serves. Loading areas shall be permitted only in the side and rear yards and shall be visually screened from pubic rights-of-way, and adjacent property, except that suitable provisions for access to loading areas may be allowed. P. [Signs.] Signs are permitted in accordance with article IX. (7-7-05; 2-13- 07, 3-20-14; 12-18-14. Sec. 6-2010. - Architectural guidelines for all nonresidential uses. The compatible relationship of architecture along highways within the Newport Development Service Overlay District is of critical public concern for any structure or site improvement. The purpose and intent of these architectural guidelines are not to stifle innovative architecture or development, but to assure respect for and to reduce incompatible and adverse impacts on the visual experience from the highway. A. Architectural guidelines. 1. Building facade and exterior walls: a. Facades under two hundred (200) horizontal feet in length shall incorporate vertical elements and materials changes in the architectural design which break the visual monotony of the continuous fagade. b. Facades in excess of two hundred (200) horizontal feet in length shall incorporate item a. above as well as recesses and projections in the architectural design which break the visual monotony of the continuous fagade. c. Facades in excess of one hundred (100) horizontal feet, that face public streets and vehicle moving areas, excluding loading areas, shall have architectural features such as arcades, entry areas, awnings, and arches or similar enhancements of no less than fifty percent (50%) of their horizontal length of the facade. 2. Windows...... The following provision is applicable to all buildings that have facades less than one hundred (100) horizontal feet: a. Facades that face vehicle moving areas, excluding loading areas, shall contain windows between the height of three (3) feet and eight (8) feet for no less than fifty percent (50%) of the horizontal 300 length of the building facade facing the public vehicle moving area. Windows shall be recessed and should include visually prominent sills, shutters, or other such forms of framing. 3. Building materials: a. The exterior of buildings, to include accessory buildings, shall be built utilizing one (1) or more the following: L Brick; ii. Decorative block; iii. Stone; iv. Stucco; v. Natural wood siding; vi. Cementious siding. b. Alternative materials that provide an equivalent appearance and durability of the above may be approved by the zoning administrator. c. The use of either concrete block, flat or corrugated metal or vinyl siding walls is prohibited for new development or expansions of existing development within the Newport Development Service Overlay District. d. Vinyl siding may be utilized as trim accents on the exterior of buildings. e. These requirements shall not apply to a building fagade which is not visible from the public right of way as approved by the zoning administrator. 4. Building materials and colors. ..... The use of attractive and compatible architectural materials help promote the character of the district. Buildings that generally favor colonial/historic styles are herein emphasized. a. Architectural treatment of all buildings, including materials, color and style, shall be compatible with buildings located within the same project or within the same block or directly across the street that are also consistent with these regulations. Compatibility may be achieved through the use of similar building materials, scale, colors or other architectural features. b. Architectural elements and treatments shall be used to create transitions between different uses and intensities. When transitions cannot be achieved architecturally, landscape and/or open space transitions shall be used to reduce impacts between different uses. c. No building exterior (whether front, side, or rear) shall consist of architectural materials inferior in quality, appearance or detail to any other exterior of the same building. d. Facade colors shall be nonreflective, subtle, neutral or earth tones. The use of high intensity colors, metallic colors, black or fluorescent colors are prohibited. 5. Building entryway design elements...... Entryway design elements to retail establishments, shopping centers, commercial, office and civic uses should give orientation character to the building. The standards identify desirable entryway design features. 301 a. Each principal building on a site, and anchor store(s) within a shopping center, shall have clearly defined customer entrances, featuring no less than three (3) of the following: L Canopies or porticos; ii. Overhangs; iii. Recesses/projections; iv. Arcades; v. Raised corniced parapets over the door; vi. Peaked roof forms; vii. Arches; viii. Outdoor patios; ix. Architectural details such as tile work and molding which are integrated into the building structure and design; or x. Integral planters or wing walls that incorporate landscaped areas and places for sitting. 6. Roofs...... Roof options in the Newport Development Service Overlay District are: a. Flat roofs with parapets; b. Pitched roof with overhanging eaves. 7. Fencing. a. Fencing along the highway right-of-way is discouraged, but if used, such fencing shall be landscaped to minimize visibility from the highway and may be comprised of any of the following materials: i. Brick; ii. Stone; iii. Wrought -iron; iv. Vinyl; v. Wood; vi. Aluminum. b. Chainlink fences are prohibited. c. Alternative materials that provide an equivalent appearance and durability of the above may be approved by the zoning administrator. (7-7-05.) Sec. 6-2011. - Exceptions. A. A request for an exception to the requirements of the Newport Development Service Overlay District shall be made in writing to the zoning administrator for consideration by the board of supervisors following a recommendation by the planning commission in accordance with section 7-2000 (development review). The request shall be accompanied by those documents determined by the zoning administrator to be necessary for the board of supervisors consideration of the request. B. The board of supervisors in formulating a decision shall consider the following: 1. Such exception shall be no less beneficial to the residents or occupants of the development, as well as neighboring property, that would be obtained under the applicable regulation; 302 2. That the exception is reasonable because of the high level of design and construction that will be incorporated in the development; 3. That the exception will result in design and construction that is in accordance with accepted engineering and building standards. C. Any person or persons jointly or severally aggrieved by a decision of the board of supervisors may present to the circuit court of the County of Isle of Wight a petition specifying the grounds on which aggrieved within thirty (30) days after the final decision of the board of supervisors. Costs shall not be allowed against the board of supervisors, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed therefrom. (7-7-05; 8-20-09, 3-20-14.) Sec. 6-3000. - Historic Overlay (HO) District. Sec. 6-3001. - Purpose. The historic overlay district zoning fulfills the goals and objectives outlined in the county's comprehensive plan by establishing a means to preserve and enhance historic buildings, structures and various historic resources, identified as important elements of the county's cultural heritage, through the use of sensitive land use planning and architectural review procedures. The historic overlay district shall include designated areas portions of Isle of Wight County where historic landmarks, buildings or structures having an important historic interest are located. Such structures shall be protected from destruction, damage, defacement and obviously incongruous development or uses of land. It is also designed to require the erection, reconstruction and alteration of other buildings and structures to be architecturally compatible with the historic landmarks, buildings or structures located therein. Lastly, this district is established to facilitate the creation of a convenient, attractive, and harmonious community as stated in Section 15.2-2283 of the Code of Virginia through the establishment of design standards that seek top reserve historic landmarks, buildings, structures or districts (Section 15.2-2 306 of the Code of Virginia). (7-7-05; 7-17-14.) Sec. 6-3002. - Designation and location. A. In accordance with the following criteria, historic districts shall be designated and zoned by the board of supervisors around sites of historic significance or interest and surrounding properties where the architectural significance or development thereof would impact the site. 1. Sites of historic landmarks and landmark sites having important historical, architectural, archaeological or cultural interest; 2. Buildings, structures or places in which historic events occurred or having special public value because of notable architectural, archaeological or other features relating to the cultural or artistic heritage of the county of such significance as to warrant conservation and preservation. (7-7-05; 7- 17-14.) 303 Sec. 6-3003. - Historic architectural review committee. For the purpose of providing oversight in the administration of historic district provisions as outlined in this ordinance, the historic architectural review committee shall have review and approval authority for determining the architectural compatibility of new construction and exterior alterations and/or restorat ions of existing structures within historic district. The committee shall be composed of five (5) member appointed by the board of supervisors. At least one (1) member shall be an architect or an architectural historian meeting the professional qualification standards of 36 CFR 61, Appendix A. At least two (2) review board member shall have professional training or equivalent experience in any of the following disciplines: architecture, history, architectural history, archaeology, or planning. When adequate review of any proposed action would normally involve a professional discipline not represented on the review committee, the committee must eek appropriate professional advice before rendering its decision. Information on the credentials of all review committee members hall be submitted to the state historic preservation office and shall be kept on file locally for public inspection. Exceptions to membership shall be approved by the department of historic resources. The committee shall have established bylaw and procedures for conducting business. (7-7-05; 7-17-14.) Sec. 6-3004. - Procedures for designation or amendment of a historic district. A. Application for the creation or amendment of a historic district, for the designation of landmarks and landmark sites or for the withdrawal of such designation, may be made by the historic architectural review committee, the planning commission, the board of supervisors, the property owner, or the owners of sixty (60) percent of the lots within a proposed historic district. The application shall be filed with the zoning administrator and shall contain such information as the zoning administrator shall prescribe. B. Upon receipt of an application, the zoning administrator shall refer such application to the historic architectural review committee and the planning commission. C. The planning commission and the historic architectural review committee shall hold a public hearing, which may be held jointly, to review such application. Within one hundred (100) days after the public hearing, the planning commission and the historic architectural review committee shall forward their independent reports to the board of supervisors. D. The reports shall address the effect of the designation of the proposed district on future development of the county, and may address such other matters as they shall deem appropriate. The commission and the committee shall recommend to the board of supervisors that the proposed district either be designated, be designated with altered boundaries, or not be designated. E. An application to withdraw the designation of an existing historic district may be made when the original reason for the designation no longer exist. 304 F. After receiving the reports and recommendations of the historic architectural review committee and the planning commission, the board of supervisors shall conduct a public hearing to consider the request for designation or amendment of a historic district. (7-7-05; 7-17-14.) Sec. 6-3005. - List of historic districts. The following historic districts are designated within Isle of Wight County: A. Courthouse B. Fort Boykins C. Fort Huger D. St. Luke's The official boundaries of all historic districts shall be delineated on the official zoning maps of Isle of Wight County. (7-7-05; 7-17-14.) Sec. 6-3006. - Erection and reconstruction of buildings and structures within designated historic districts. No building or structure, including signs, shall be erected, reconstructed, substantially altered or restored within any historic district unless the same is approved by the historic architectural review committee as being architecturally compatible with the historic landmark, building or structure therein. The following exemptions shall not require committee approval: A. Minor exemptions. 1. Repainting resulting in the same or substantially the same color. 2. Replacement of windows, storm windows and doors using the same materials, profile and sash configuration as existing windows, storm windows, and doors. Addition or deletion of window air conditioners. 3. Replacement of sign face which does not alter the size, type, or placement of an existing sign structure and does not significantly alter the character of the district. 4. Addition or deletion of television or radio antennas, skylights, solar collectors, or satellite dishes in locations not visible from a public street. S. Planting of grass, trees and shrubs, but not including landscape treatment which substantially alters the contour of a landmark site. 6. Permitted outside storage which is not visible from a public street. 7. Any interior changes to a structure. 8. Other changes consistent with the intent of the district as deemed appropriate by the Zoning Administrator. B. Development within the St. Luke's historic district may be reviewed and approved administratively by the zoning administrator, if the zoning administrator determines that the development is in compliance with the St. Luke's historic district design guidelines. If the zoning administrator determines that the proposed development is not in accordance with the approved design guidelines, then it shall be referred to the historic architectural review committee for their review and approval. C. Notwithstanding the above, the zoning administrator shall have the authority to order that work be stopped and that an appropriate 305 application be filed for review in any case where the action may produce arresting effects, extreme contrasts of materials or colors, intense color or patterns, or incongruous details in consistent with the character of the present structures or with the prevailing character of the surrounding historic district. (7-7-05, 7-17-14.) Sec. 6-3007. - Demolition of buildings within designated historic districts. No historic landmark, building or structure within any historic district shall be razed or demolished unless approved by the historic architectural review committee. Penalties for violations of this requirement shall be imposed in accordance with the provisions of the Code of Virginia, Section 15.2-819. (7-7-05; 7-17-14.) Sec. 6-3008. - Guidelines for review of applications for new construction, alteration, renovation, and demolition within designated historic districts. A. The historic architectural review committee shall review and decide on all applications for new construction, alterations, renovations and demolitions within historic districts in accordance with the following criteria: 1. Exterior architectural features, including signs; 2. General design, scale and arrangement; 3. Texture, material and color; 4. Relation of above factors to buildings or structure in the immediate surroundings; 5. Extent to which the historic or architectural value and significance of the building or structure and its relationship to the historic or architectural value would preserve or protect historic site, buildings, structures or area; 6. Extent to which preservation and protection would promote the general welfare of the county; 7. Compatibility of planned improvements and renovations with the architectural and historic quality, character and scale of a historic building or structure; 8. Effect of the building, structure or place on the comprehensive plan's goals for tourism, economic development and residential land uses in and around the historic district, landmark, building, structure or site; 9. Compatibility of the proposed building, structure or site with the goals for historic preservation as contained in the comprehensive plan. (7-7-05; 7-17-14.) Sec. 6-3009. - Applications for new construction, alteration, renovation, and demolition within designated historic districts. A. Applications shall be submitted to the zoning administrator for review by the historic architectural review committee. B. Applications shall include the following: 1. Statement of proposed use and user. 306 2. Statement of estimated construction time. 3. Photographs and maps relating proposed use to the surrounding property and/or district in which it is located. 4. Site plan drawings, showing the location of the existing and proposed building and site improvements, including: a. Existing property boundaries, building placement and site configuration, b. Existing topography and proposed grading, C. Location of parking, pedestrian access, signage, exterior lighting, fencing and other site improvement, d. Relationship to adjacent land uses, e. Proposed site improvements, including location of parking, pedestrian access, signage, exterior lighting, fencing, buildings and structures and other appurtenant elements, and f. Proposed building color and materials. 5. Architectural drawings having plan view and elevations of new planned construction or renovations, including drawings or original buildings. 6. A landscaping and buffer plan. 7. Designs for exterior signage, lighting and graphics, to include description of material, colors, placement and means of physical support, lettering style and message to be placed on sign. (7-7-05; 7-17-14.) Sec. 6-3010. - Action by the historic architectural review committee on application for new construction, alteration, renovation, and demolition. A. The historic architectural review committee shall take action on a completed application within one hundred (100) days after the receipt by the zoning administrator. B. The committee shall meet with the applicant to review the application prior to rendering any decision. C. In considering such application, the committee shall be guided by the criteria as outlined in section 6-3008. (7-7-05; 7-17-14.) Sec. 6-3011. - Appeals. A. Appeal of historic architectural review committee decision. 1. Any person aggrieved by any decision of the historic architectural review committee may appeal such decision to the board of supervisors, provided that such appeal is filed within fourteen (14) calendar days from the date of notification of the historic architectural review committee decision. 2. The board of supervisors shall consult with the historic architectural review committee in relation to any appeal and may require documentation of any historic architectural review committee decision prior to hearing the appeal. The board of supervisors may affirm, reverse or modify the historic architectural review committee decision and shall notify the zoning administrator of its action. 307 B. Appeal of board of supervisors' decision...... Any person aggrieved by any decision of the board of supervisors may appeal such decision to the circuit court for the County of Isle of Wight provided that such appeal is filed within thirty (30) days after the final decision is rendered by the board of supervisors. Filing of the petition shall stay the decision of the board of supervisors pending the outcome of the appeal to the circuit court, except that the time of such petition shall not stay the decision of the board of supervisors if such decision denies the right to raze or demolish a historic landmark, building or structure. (7-7-05; 7-17-14.) Sec. 6-4000. - Floodplain Management overlay (FPMO) District.* * An ordinance adopted Nov. 19, 2015, amended and re-enacted § 6-4000, with a prior history of an ordinance dated 7-7-05; Ord. No. 2012-3-C, 2-16-12; ordinances dated 8-21-14; and 9-17-15. Sec. 6-4001. - Purpose. This ordinance is adopted pursuant to the authority granted to localities by [Code of ]Virginia § 15.2-2280. The purpose of these provisions is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by: A. Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies. B. Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding. C. Requiring all those uses, activities, and developments that do occur in floodprone districts to be protected and/or floodproofed against flooding and flood damage. Furthermore, it is the intent of these regulations to ensure that all property owners within the county are eligible for participation in the National Flood Insurance Program and able to secure such insurance at nominal rates. (11-19- 15.) Sec. 6-4002. - Designation of the floodplain administrator. The zoning administrator is hereby appointed to administer and implement these regulations and is referred to herein as the floodplain administrator. (11-19- 15.) Sec. 6-4003. - Submitting technical data. A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, a community shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data. Such a submission is necessary so that upon confirmation of those physical changes affecting flood conditions, risk premium rates and floodplain management requirements will be based upon current data. (11-19-15.) Sec. 6-4004. - Applicability. A. The provisions of this article shall apply to the following areas: 1. Areas designated as being within the one -percent annual chance floodplain by the flood insurance study (FIS) prepared by the Federal Emergency Management Agency and as delineated on the flood insurance rate map (FIRM) for Isle of Wight County dated December 2, 2015, and any subsequent revisions or amendments thereto. A copy of the FIS and FIRM shall be filed in the department of planning and zoning and are hereby made part of this article. The floodplain management district (as identified in the FIS) is comprised of five (5) subdistricts: the floodway district, the floodfringe district, the approximated floodplain district, the coastal A zone, and the coastal high hazard floodplain district. The description of these districts and corresponding zones are identified in the aforementioned FIS report. (11-19-15). 2. The flood insurance rate map panels specifically referenced by this ordinance and dated to take effect on December 2, 2015, include the following: 51093C0018E, 5109300050E, 51093C0054E, 51093C0056E, 51093C0058E, 51093C0065E, 51093C0066E, 51093C0067E, 51093C0070E, 51093C0086E, 51093C0088E, 51093C0089E, 51093C0093E, 51093C00115E, 51093C00120E, 51093C00125E, 51093C00135E, 51093C00150E, 51093C00151E, 51093C00152E, 51093C00153E, 51093C00154E, 51093C00156E, 51093C00157E, 51093C00158E, 51093C00159E, 51093C00165E, 51093C00166E, 51093C00167E, 51093C00168E, 51093C00178E, 51093C00186E, 51093C00220E, 51093C00230E, 51093000240E, 51093C00250E, 51093C00255E, 51093C00265E, 51093C00275E, 51093C00300E, 51093C00310E, 51093CO0320E and 51093C00350E. (11-19-15.) 3. Such other areas as may be determined by the zoning administrator to be essential to the alleviation of potential flood damage caused by the one - percent annual chance flood. Such determination shall be based on drainage and hydrology studies and amendment or revision of the FIRM shall be requested by the county. B. The floodplain management (FPM) district is an overlay to the existing underlying zoning district. Therefore, the uses, densities, lot configurations, setback requirements, height restrictions and accessory uses shall be determined by the underlying zoning district except as such regulations may be modified by application of the regulations in the FPM district. Where these regulations are at variance with other codes, ordinances and regulations, the most restrictive regulation shall apply. C. The delineation of the floodplain management district may be revised by Isle of Wight County where natural or manmade changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration. 309 D. Initial interpretations of the boundaries of the floodplain management district shall be made by the zoning administrator. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board and to submit his own technical evidence if he so desires. (11-19-15.) Sec. 6-4005. - Compliance and liability. A. No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered within the floodplain management district except in full compliance with the terms and provisions of this section. B. The degree of flood protection sought by the provisions of this ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. This ordinance does not imply that areas and land uses outside the floodplain management district will be free from flooding or flood damages which may be caused by larger floods or increased flood heights. C. This article shall not create liability on the part of Isle of Wight County or any officer or employee thereof, for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. D. Records of actions associated with administering this ordinance shall be kept on file and maintained by the floodplain administrator. (11-19-15.) Sec. 6-4006. - Abrogation and greater restrictions. This ordinance supersedes any ordinance currently in effect in flood -prone districts. Any ordinance, however, shall remain in full force and effect to the extent that its provisions are more restrictive. (11-19-15.) Sec. 6-4007. - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this article shall be declared invalid for any reason, such decision shall not affect the remaining portions of this article. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this article are hereby declared to be severable. Sec. 6-4008. - Penalty for violation. Any person who fails to comply with any of the requirements or provisions of this article or directions of the floodplain administrator or any authorized employee of Isle of Wight County shall be guilty of the appropriate violation and subject to the penalties therefore. The VA USBC addresses building code violations and the associated penalties in Section 104 and Section 115. Violations and associated penalties of the zoning ordinance of Isle of Wight County are addressed in section 1-1013 of the zoning ordinance. In addition to the penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse 310 the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated m noncompliance with this article may be declared by Isle of Wight County to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article. (11-19-15.) Sec. 6-4009. - Permit required. All uses, activities, and development occurring within any floodplain district, including placement of manufactured homes, shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of this ordinance and with all other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC) and the Isle of Wight County Subdivision Ordinance. Prior to the issuance of any such permit, the floodplain administrator shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding. Under no circumstances hall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system. (11-19-15.) Sec. 6-4010. - Use regulations. Permitted uses, special permit uses, accessory uses, dimensional standards, and special requirements shall be as established by the underlying zoning district, except as specifically modified herein. A. The following uses shall be specifically prohibited within the floodplain management district: 1. Landfills, junkyards, outdoor storage of inoperative vehicles; 2. Surface mines/borrow pits; 3. Manufacture, bulk storage, transformation or distribution of petroleum, chemical or asphalt products or any hazardous materials as defined in either or both of the following: a. Superfund Amendment and Reauthorization Act of 1986. b. Identification and Listing of Hazardous Wastes, 40 C.F.R. (Code of Federal Regulations) Section 261 (1987). c. The following products shall be specifically included: i. Oil and oil products including petrochemicals; ii. Radioactive materials; iii. Any materials transported or stored in large commercial quantities (such as fifty -five -gallon drums) which is a very soluble acid or base, causes abnormal growth of an organ or organism, or is highly biodegradable, exerting a strong oxygen demand; iv. Biologically accumulative poisons; V. Substances containing the active ingredients or economic poisons that are or were ever registered in accordance with 311 the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 USC 135 et seq.); vi. Substances highly lethal to mammalian or aquatic life; 4. Storage or land application of industrial wastes; 5. Outdoor storage of equipment, materials, or supplies which are buoyant, flammable, or explosive; 6. Swimming pools or any other habitable use when the area beneath the elevated building is enclosed with walls of any type such as solid non - breakaway, solid breakaway, or lattice -screen, or when the area beneath the elevated building is not enclosed and a swimming pool or any other obstruction is above natural grade; or 7. Commercial feedlots, as described in section 3-2000. B. The following activities may occur below the level of the one -percent annual chance flood elevation if administered in accordance with section 6-4013 of this article: 1. Nonstructural agricultural activities providing that any storage or stockpiling of manure shall be elevated to a level no less than two (2) feet above the elevation of the one -percent annual chance flood. 2. Outdoor recreational uses including park areas, golf courses, tennis courts, and basketball courts. 3. Swimming pools or any other non -habitable use located below elevated buildings when the area beneath the elevated building is not enclosed and the pool or other potential obstruction is flush with the natural grade provided that a licensed surveyor or engineer certifies that the swimming pool or other potential obstruction will not be subject to breaking up or floating out of the ground and affecting the piles or columns of the elevated building. Furthermore, the swimming pool shall meet the same anchoring requirements as the support system of the elevated building and the area beneath the elevated building shall never be enclosed with walls or any type. 4. Functionally dependent uses such as docks, piers and wharves. 5. Access roads and parking areas for [subsections] 1. through 4. above. C. In addition to the prohibited uses in subsection 6-4010.A., the following restrictions shall apply to areas in the floodway district [44 CFR 60.3(d)]: 1. No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted in the floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within Isle of Wight County during the occurrence of the base flood discharge. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. 312 Studies, analyses, computations, etc. shall be submitted in sufficient detail to allow a thorough review by the floodplain administrator. 2. Existing nonconforming structures within the floodway may not be expanded; however, they may be repaired, altered or modified to incorporate floodproofing measures, provided such measures do not raise the level of the one -percent annual chance flood. 3. Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies- with Isle of Wight County's endorsement - for a Conditional Letter of Map Revision (CLOMR), and receives the approval of the Federal Emergency Management Agency. 4. If items 1. through 3. [above] are satisfied, then all new construction and substantial improvements in the floodway district shall comply with section 6-4009, section 6-4011, and section 6-4012. 5. The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation, and encroachment standards are met. (11-19- 15.) Sec. 6-4011. - General provisions. A. No construction or improvement within the floodplain management district shall obstruct or unduly restrict any channel, whether or not such channel lies within a designated floodway. B. Watercourses shall not be altered or relocated except upon the presentation of data, certified by a licensed engineer, that the flood -carrying capacity of such a modified watercourse will be at least equal to that prior to modification. Evidence of all necessary permits or approvals for the Federal Insurance Administrator, the U.S. Army Corps of Engineers, the Virginia Marine Resources Commission, and the Virginia Department Environmental Quality shall be required prior to such modification. C. The floodplain administrator shall notify adjacent localities of watercourse alterations or relocations. D. Adequate drainage shall be provided to reduce exposure to flood hazards. All storm drainage facilities shall be designed to convey the flow of surface waters away from buildings and on-site waste disposal sites and prevent the discharge of excess runoff onto adjacent properties in order to avoid damage to persons or property. (11-19-15.) Sec. 6-4012. - Special standards and requirements. A. Standards for subdivision plats and site plans. ..... Preliminary plans, development plans and final subdivision plats of all properties, all or part of which are located within any floodplain management district, must be prepared and sealed by a licensed surveyor or engineer. All proposals shall be consistent with the need to minimize flood damage. The following information, in addition to that which would otherwise be required, shall be provided on the respective plan: 313 1. The one -percent annual chance flood boundary, as depicted on the FIRM and the flood hazard zone classification(s) shall be depicted on preliminary plans, development plans, and final plats. 2. Development plans shall provide topographical information for the site at a maximum contour interval of two (2) feet, provided however that a one - foot contour interval for one (1) foot lesser and one (1) foot greater than the one -percent annual chance flood boundary shall be shown. 3. The elevation of the finished surface of the ground at each corner of each existing building located within any flood hazard zone shall be shown on development plans and final plats. 4. The elevation of the lowest floor including basement shall be shown on development plans for new construction or final plats of property with existing structures. 5. For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed and certified floodproofed. 6. In "VE" zones, the elevation (in N.G.V.D.) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns). 7. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. 8. Base flood elevation data obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in the flood insurance study for subdivision developments and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty (50) lots or five (5) acres, whichever is the lesser, shall be shown. B. Standards for utilities...... All new on replacement utilities, water filtration, and wastewater treatment facilities, installed in the floodplain management district shall be designed to prevent the infiltration of floodwaters into or discharge from said utilities and constructed to minimize the potential for flood damage. Where private waste disposal systems are to be installed or replaced, they shall be installed so that they will not be permanently contaminated or impaired by a base flood. C. Standards for streets and roads. ..... Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood height. D. Standards for filling of floodplain areas. 1. Where fill within the floodplain management district is proposed, the following minimum standards shall apply: a. Prior to any fill, the floodway must be determined and no fill shall cause the adjacent base flood elevation to increase more than one (1) foot. 314 b. Fill areas shall extend laterally a minimum of fifteen (15) feet beyond building lines from all points. c. Fill material shall consist only of soil and small rock materials (must pass through a three-inch opening ASTM standard sieve). Organic materials, such as tree stumps, asphalt, and rubble, shall be prohibited. d. Fill areas shall be graded to a finished slope of no steeper than one (1) vertical to three (3) horizontal, unless substantiated data, certified by a licensed engineer, which justifies steeper slopes, is submitted to and approved by the zoning administrator. e. The zoning administrator shall impose any additional standards deemed necessary to ensure the safety of the community and properties from additional flood hazard potentials caused by filling within the floodplain management district. 2. Filling or any other encroachment into a regulatory or other designated floodway which, as determined by the zoning administrator, in any way impairs its flood conveyance shall be prohibited. 3. Filling or any other encroachment into any channel within the floodplain management district which would, as determined by the zoning administrator, obstruct or unduly restrict water flows through said channel and, in so doing, increase the potential for flood damage, shall be prohibited whether or not such channel lies within the regulatory or other designated floodway. 4. The filling of any portion of property solely to increase the elevation of the land to meet minimum lot area requirements and thereby create a buildable lot for residential construction within the floodplain management district shall be prohibited. 5. These standards may be individually waived by the zoning administrator, upon the recommendation of the Isle of Wight County Wetlands Board for approved parks, recreation facilities, shoreline erosion control and beach maintenance projects where sufficient data is presented justifying the project and where it is demonstrated that such actions will not increase flood levels on any properties. E. Construction standards for properties in zone A [44 CFR 60.3(b)]: 1. All new construction and substantial improvements in zone A must comply with all standards applicable to zone AE contained in this section and the floodplain construction provisions of the Virginia Uniform Statewide Building Code. 2. For these areas in zone A, the base flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific one -percent annual chance flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological Survey Flood -Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this base flood elevation. For development proposed in the approximate floodplain the applicant must use technical methods that correctly reflect 315 currently accepted practices, such as point on boundary, high water marks, or detailed methodologies, hydrologic and hydraulic analyses. Studies, analyses, computations, etc. shall be submitted in sufficient detail to allow a thorough review by the floodplain administrator. 3. The floodplain administrator reserves the right to require a hydrologic and hydraulic analysis for any development. When such base flood elevation is used, the lowest floor shall be elevated to or above the base flood level plus eighteen (18) inches. 4. During the permitting process, the floodplain administrator shall obtain: 1) The elevation of the lowest floor (in relation to mean sea level), including the basement, of all new and substantially improved structures; and 2) If the structure has been floodproofed in accordance with the requirements of this article, the elevation (in relation to mean sea level) to which the structure has been floodproofed. 5. Base flood elevation data shall be obtained from other sources or developed using detailed methodologies comparable to those contained in a FIS for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty (50) lots or five (5) acres, whichever is the lesser. F. Construction standards for properties in zone AE. ..... Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted with the areas of special flood hazard, designated as zones AE on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within Isle of Wight County. In addition, the following provisions shall apply [44 CFR 60.3(c)]: 1. All new and replacement electrical equipment, and heating, ventilating, air conditioning and other service facilities shall be installed at least one and one-half (1%=) feet above the base flood elevation or otherwise designed and located so as to prevent water from entering or accumulating within the components during conditions of flooding. 2. All electrical distribution panels shall be installed at least three (3) feet above the base flood elevation or otherwise designed and located so as to prevent inundation. 3. In all cases, elevation of the lowest floor of the structure, including basements, to at least one and one-half (1%) feet above the base flood elevation or, in the case of nonresidential structures, floodproofing to at least that level. All new and substantially improved structures shall be constructed according to the VA USBC, and anchored to prevent flotation, collapse or lateral movement of the structure. The lowest floor elevation of any new residential structure, including basements, constructed within a floodplain area shall be at least one and one-half (1%) feet above base flood elevation. The lowest floor elevation of any new nonresidential structure constructed within a floodplain area shall be at least one (1) foot 316 above base flood elevation, unless such structure is floodproofed. In addition, no existing structure shall be modified, expanded or enlarged unless the new construction complies with this standard. 4. Manufactured homes that are placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated a least one and one-half (1%) feet above base flood level and be securely anchored to an adequately anchored foundation system to resist floatation, collapse and lateral movement. 5. Recreational vehicles placed on sites shall either: a. Be on the site for fewer than one hundred eighty (180) consecutive days, be fully licensed and ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and has no permanently attached additions; or meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes in subsection F.4. of this section. 6. New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 7. New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage. 8. New development shall not be permitted unless it is demonstrated that the cumulative effect of all past and projected development will not increase the base flood elevation by more than one (1) foot. 9. For floodproofed non-residential structures, a licensed professional engineer or architect must certify the structure has been floodproofed. 10. Where base flood elevation data has been utilized and obtained, as required by this ordinance, the floodplain administrator shall obtain, record, and maintain the actual finished construction elevations of the lowest floor and floodproofing elevations. This information shall be recorded on a current FEMA Elevation Certificate signed and sealed by a professional licensed land surveyor. 11. Fully enclosed areas of new construction or substantially improved structures, which are below regulatory flood protection elevation shall: a. Not be designed or used for human habitation, but shall only be used for parking of vehicles, building access or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator); b. Be constructed entirely of flood -resistant materials below the regulatory floor protection elevation; c. Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this 317 requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria: i. Provide a minimum of two (2) openings on different sides of each enclosed area subject to flooding. ii. The total net area of all openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding. iii. If a building has more than one (1) enclosed area, each area must have openings to allow floodwater to automatically enter and exit. iv. The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade. V. Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions. vi. Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above. 12. Development activities in zone AE on the Isle of Wight County FIRMS which increase the water surface elevation of the base flood by more than one (1) foot may be allowed, provided that the applicant first applies - with Isle of Wight County's endorsement - for a Conditional Letter of Map Revision and receives the approval of the Federal Emergency Management Agency. (11-19-15.) G. Construction standards for properties in coastal A zones. ..... All new construction and substantial improvements in coastal A zones of the floodplain management area shall comply with the provisions of the AE zone as set forth in Section 6-4012.F. In addition, buildings and structures within this zone shall have the lowest floor elevated to or above the base flood elevation plus eighteen (18) inches of freeboard. (11-19-15.) H. Construction standards for properties in coastal high hazard area...... All new construction and substantial improvements in the V -zones of the floodplain management area shall occur in accordance with the applicable floodplain construction provisions contained in the Virginia Uniform Statewide Building Code. The zoning administrator shall satisfy himself that all applicable provisions have been complied with prior to issuing building permits or temporary or permanent certificates of occupancy. In addition, the following standards shall apply [44 CFR 60.3(e)]: 1. All new construction shall be located landward of the reach of mean high tide. 2. There shall be no fill used as structural support. 3. There shall be no alteration of sand dunes, watercourses or banks, which would increase potential flood damage. 4. Within V -zones on the flood insurance rate map, obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal 318 structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures. S. All new construction and substantial improvements elevated on pilings and columns must have the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) elevated at least one and one -Ralf (1%) feet above the base flood level and the pile or column foundation and structure attached thereto must be anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water - loading values used shall be those associated with the base flood. Wind - loading values used shall be those required by applicable state or local building standards. A registered professional engineer or architect shall develop or review the structural design and methods of construction and shall certify that design and methods of construction to be used are in accordance with accepted standards. 6. Provide that all new construction and substantial improvements, within zones VE, V1-30 and V on the community's FIRM, have the space below the lowest floor either free of obstruction or constructed with non - supporting breakaway walls, open wood lattice -work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe -loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls which exceed a design safe - loading resistance of twenty (20) pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: a. The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Water -loading values used shall be those associated with the base flood. b. Wind -loading values used shall be those required by applicable state or local building standards. Such enclosed space shall be usable solely for parking of vehicles, building access or storage. 7. All recreational vehicles placed in V -zones shall be: a. On site for fewer than one hundred eighty (180) consecutive days; and b. Be fully licensed and ready for highway use; or c. Meet the same standards as for conventional housing in V -zones. 8. All new and replacement electrical equipment, and heating, ventilating, air conditioning and other service facilities shall be installed at least three (3) feet above the base flood elevation or otherwise designed and located so as to prevent water from entering or accumulating within the system. 319 9. All electrical distribution panels shall be installed at least three (3) feet above the base flood elevation or otherwise located so as to prevent inundation. 10. In all cases, elevation of the lowest horizontal structural member of the lowest floor of the structure, excluding pilings or columns, to at least one and one-half (1%:) feet above the base flood elevation and may result in a reduction of flood insurance premiums. 11. Manufactured homes that are placed or substantially improved on sites shall meet the same standards as conventional housing in V -zones. (11-19- 15.) Sec. 6-4013. - Variances. A. In acting upon application for variances from the provisions of this article, in addition to the requirements elsewhere set forth in this ordinance, the board of zoning appeals shall consider the following additional factors: 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any floodway that will cause any increase in the one -percent annual chance flood elevation; 2. The danger that materials may be swept on to other lands or downstream to the injury of others; 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions; 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners; 5. The importance of the services provided by the proposed facility to the community; 6. The requirements of the facility for a waterfront location; 7. The availability of alternative locations not subject to flooding for the proposed use; 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; 9. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area; 10. The safety of access by ordinary and emergency vehicles to the property in time of flood; 11. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; 12. The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structures continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure; 13. Such other factors which are relevant to the purpose of this ordinance. 320 B. The board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters, at the expense of the applicant. C. Variances shall be issued only after the board of zoning appeals has determined that the granting of such will not result in: 1. Prohibited increases in the height of the floodway; 2. Additional threats to public safety; 3. Extraordinary public expense and will not create nuisances; 4. Cause fraud or victimization of the public; or 5. Conflict with local laws or ordinances. Variances shall be issued only after the board of zoning appeals has determined that variance will be the minimum required to provide relief from an undue hardship to the applicant. The board of zoning appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the one - percent annual chance flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance. A record shall be maintained of the above notification as well as, all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator. (11-19-15.) Sec. 6-4014. - Existing structures in floodplain management district. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions: A. Existing structures in the floodway shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed expansion would not result in any increase in the one - percent annual chance flood elevation. B. Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain area to an extent or amount of less than fifty (50) percent of its market value shall conform to the Virginia Uniform Statewide Building Code. C. The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area to an extent or amount of fifty (50) percent or more of its market value shall be undertaken only in full compliance with this ordinance and shall require the entire structure to conform to the Virginia Uniform Statewide Building Code. (11-19-15) Article VII. - General Design Guidelines and Development Review Procedures 321 Part 1. - General Design Guidelines for Development Projects. Sec. 7-1001. - Purpose. The purpose of this section is to establish the minimum design and improvement standards that will be required as a precondition to development or in conjunction with development for lots, streets, utilities, and other physical components of development projects. Standards exceeding these minimum requirements may be provided by the developer or required by the board of supervisors. This article is primarily intended to promote development that is most harmonious with the Isle of Wight County Comprehensive Plan while providing guidelines and standards to protect the public health, safety, and welfare. (7-7-05.) Sec. 7-1002. - Applicability. The provisions contained in this section apply to the following types of development projects: A. Any single-family attached or multifamily residential development; B. Commercial, manufacturing or industrial structures or uses; C. Commercial marinas, and related facilities as well as incidental docks, piers, bulkheads or other over -water structures; D. Educational and religious institutions or facilities, and private, public or quasipublic clubs and incidental accessory structures; and E. Development which requires off-site improvements involving the expenditure of public funds. (7-7-05.) Sec. 7-1003. - Exceptions. A. Bona fide agricultural activities. B. Silvicultural activities. C. Planned development as regulated by article IV of this ordinance. (7-7-05.) Sec. 7-1004. - General site design standards. A. Preliminary site analysis. 1. Prior to initiating site design, a written site analysis shall be prepared including details of the physical characteristics of the development site, such as: a. Soils; b. Topography; c. Existing vegetation; d. Existing structures; e. Historical and architectural significance, including a background and site assessment to determine whether or not an archeological study is required. A background assessment shall include a historical and cultural inventory to include all sites referenced on the Isle of Wight [County] historic sites and inventory within the Isle of Wight County comprehensive plan. Where county studies have indicated a moderate 322 or high probability that archeological resources may exist on the property, a Phase I historic and archeological study in accordance with and under the discretion of the Virginia Department of Historic Resource shall be conducted; f. Environmentally sensitive lands, i.e., watercourses, wetlands, federal and state protected natural features, and other natural features, including an environmental assessment that identifies and evaluates the impact of the proposed development on the natural resources and characteristics of the property, and surrounding properties including resources such as, but not limited to, wetlands, flora and fauna and other ecosystems. This shall include written confirmation of all federal and state agencies' reviews. The inventory assessment shall also include alternatives and planned measures to mitigate any impacts identified; g. Relationship of the site to existing road networks; h. Public water and sewer facilities; L Availability of continuous and unobstructed access for all emergency vehicles, and the provision for fire hydrants and water sources for fire protection; j. Schools, including anticipated impacts on existing and proposed facilities, any provisions for accommodating community needs and any means to improve access to any such facility within one (1) mile of the site; k. Recreation, including anticipated impacts on existing and proposed facilities, any provisions for accommodating community needs and any means to improve access to any such facility within one (1) mile of the site; I. Essential services related to the nature of the intended use; M. Adjoining land uses and structures, including the impact of construction and permanent changes in land use upon surrounding property, such as aesthetics, vegetation, stormwater, noise, air, light, and pollution of natural water resources, groundwater, and potable water supplies; n. Local and regional plans for the surrounding area; and o. Relation of this site to existing and proposed pedestrian pathways and bikeways, including an assessment that identifies existing and proposed bikeways and pedestrian pathways for the purpose of providing for additional non -vehicular, multipurpose pathway connections. 2. Information required as part of the site analysis may have been submitted as part of a rezoning application. In such cases, a copy of the site analysis information presented during the rezoning process may be submitted to satisfy this requirement. However, in any case, the site analysis must contain current information. B. Site design. 323 1. Development of the site shall be based on the results of the site analysis, and the capacity of adjacent roads which will serve the property, the capacity of public water and sewer systems if connections are proposed, and the capacity to provide reasonable and timely response to requests for police, fire and ambulance services. 2. To the maximum extent practicable, development shall be located to preserve the natural features of the site, to avoid areas of environmental sensitivity, to preserve historic structures and to minimize negative impacts and alteration of natural features. a. The following includes those areas that shall, at a minimum, be preserved as undeveloped open space, to the extent consistent with the reasonable use of land, and in accordance with applicable federal, state or county regulations: i. Tidal and nontidal wetlands, tributary streams (perennial), and tidal shorelines; ii. Significant trees or stands of trees; iii. Land located in the 100 -year floodplain as designated by the Isle of Wight County Floodplain Management (FPM) District Ordinance; iv. Steep slopes in excess of thirty percent (30%) unless development is demonstrated to be the only effective way to maintain or improve slope stability; V. Historically significant structures and sites, as listed on federal, state, or county lists of historic places. b. The development shall be designed to: i. Minimize adverse affects on groundwater and aquifer recharge; ii. Reduce cut and fill; iii. Avoid unnecessary impervious cover; iv. Prevent flooding; v. Provide adequate access to lots and sites; and vi. Mitigate adverse effects of shadow, noise, odor, glare, traffic, drainage, and utilities on neighboring properties. 3. The road system shall be designed so as to permit the safe, efficient, and orderly movement of vehicular traffic; to meet the needs of the present and future population; to provide for the interconnection of streets between adjoining developed and undeveloped lands to assure adequate traffic flow; to have a simple and logical pattern; to respect natural features and topography; and to present an attractive streetscape. 4. The Virginia Department of Transportation shall approve the location and design of vehicular entrances and exits to and from state -maintained streets and highways. 5. The development shall be designed to provide an adequate drainage system for the disposition of storm and natural waters, to include, where required, stormwater structures and/or best management practices. 324 6. Existing natural features and amenities that add value to a development or to the local community as a whole, such as trees, watercourses, beaches, historic sites, and similar irreplaceable assets, shall be preserved in the design of the development. 7. Existing trees eight (8) inches or more in diameter measured at breast height (four and one-half (4%:) 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. 8. Landscaping shall be provided in the required landscaping zones. The type and amount of landscaping required shall be allowed to vary with the type of development, but shall be consistent with standards outlined in article VIII, landscaping and screening standards. 9. Internal pedestrian pathways or bikeways shall be located as required for safety and as determined by the zoning administrator. In conventional developments, walks shall be placed parallel to the street, with exceptions permitted to preserve natural features or to provide visual interest. The standards for construction of pedestrian and bicycle facilities in Isle of Wight County shall meet the required comprehensive standards as adopted by the board of supervisors. C. [Residential development design.] ..... Residential development design within Development Service Districts, excluding planned developments, and under the density bonus for cluster development in the Rural Agricultural Conservation District as designated by the comprehensive plan shall comply with the following: 1. Residential lots shall front only residential access or subcollector streets, not on collector streets or arterial streets or roads. 2. In the design of residential developments, commercial through traffic shall be prohibited. 3. Every residential lot shall have sufficient vehicular access to it for emergency vehicles, as well as for persons needing access to the property for its intended use. 4. The placement of dwellings in residential developments shall take into consideration topography, building height, orientation, drainage, and aesthetics. 5. Structures shall be spaced so that adequate privacy is provided for individual dwellings. 6. Residential dwellings shall be located and sited to facilitate easy pedestrian access to common open space. 7. Diversity and originality in lot layout and individual dwelling design shall be encouraged to achieve the best possible relationships between the residential development and the land. 8. Individual lots and dwellings shall be arranged and situated so as to relate to surrounding properties, and to improve the view from dwellings. 325 9. Individual lots, dwellings, and parking areas shall be situated to avoid the adverse effects of shadows, noise, glare, and traffic on the residents of the development. 10. Innovative design that encourages energy conservation shall be encouraged. D. [Commercial and industrial developments.] ..... Commercial and industrial developments shall be designed according to the same principles governing the design of residential developments and in particular shall take into consideration the following: 1. Structures and roadways shall be located according to topography to avoid environmentally sensitive areas to the maximum extent practicable. a. Factors such as drainage, noise, glare, odor, and surrounding land uses shall be considered in siting structures; b. Sufficient vehicular and pedestrian access shall be provided within the site development and for overall efficient access to the site; and C. Buffering shall be provided to minimize adverse impacts on neighboring properties. 2. Pedestrian walkways shall be provided so that patrons may walk from store to store or building to building within the site and to adjacent sites. 3. Site design shall take into consideration the needs of the disabled and shall comply with all related design standards as may be required by the Americans with Disabilities Act. (7-7-05; Ord. No. 2011-10-C, 6-16-11.) Part 2. - Development Review. Sec. 7-2001. - Purpose. In order to promote the efficient design of property, assure a serviceable arrangement of structures and physical improvements and ensure compliance with the articles of this ordinance, a site development plan for certain development types and land uses shall be required for development review and approval. Such approval is required prior to the issuance of a zoning and building permit. (7-7-05.) Sec. 7-2002. - Residential plot plan. A. A residential plot plan, in compliance with the following, shall be submitted for the construction or location of all new single-family detached dwellings or two-family dwellings on an existing or platted lot: 1. For sites located outside of the Chesapeake Bay Watershed: a. The latest survey of the property prepared by a licensed surveyor or engineer. For lots greater than five (5) acres in size or lots for which no recent survey is available, a copy of the tax map may be provided, subject to the approval of the zoning administrator. b. The specific location and foot print of all existing and proposed structures on the property shall be drawn to scale, including accurate 326 distances from all property lines and shall be signed by the owner/applicant. c. The location of existing or proposed well and septic system shall be accurately shown on the plot plan. d. The points value and location of installation for all required landscaping points and/or credits in accordance with article VIII. e. The plot plan shall show ail erosion and sediment control measures on the site (construction entrance, silt screening, etc.) necessary to prevent sediment from leaving the construction area. Such measures shall be specific to the drainage on the site. f. Properties which include areas designated as flood hazard areas shall be required to submit documentation from a licensed surveyor as to the location and elevation of the proposed structure in relationship to the base flood elevation. g. Copies of all other permits from state or federal agencies shall be submitted with the plot plan. h. The name and address of the owner of record and the tax map number shall be shown on all documents submitted. 2. For all sites located within the Chesapeake Bay Watershed: a. All plans and documentation shall be prepared and sealed by a licensed surveyor, engineer or landscape architect that is otherwise qualified by law to prepare such plans. b. A boundary line and building location survey of all existing and proposed buildings shall be submitted at a scale acceptable to the zoning administrator. For sites greater than five (5) acres, a separate boundary line survey (the latest available) and building site survey may be submitted, subject to approval of the zoning administrator, provided that the information is sufficiently clear in identifying the exact location of all buildings and other required features of the plot plan. C. The exact location of all existing and proposed structures and significant site improvements (driveways, retaining walls, etc.) on the property shall be shown, including accurate distances from all property lines. d. The points value and location of installation for all required landscaping points and/or credits in accordance with article VIII. e. The location of existing or proposed weil and septic system and reserve drainfield shall be accurately shown on the plot plan. f. The plot plan shall show all erosion and sediment control measures on the site (construction entrance, silt screening, etc.) necessary to prevent sediment from leaving the construction area. Such measures shall be specific to the drainage on the site. g. The plot plan shall show the limits of clearing for the construction project. In addition, any trees greater than eight (8) inches within the limits of clearing shall be noted on the plot plan. 327 h. The finished floor elevation of all habitable structures shall be indicated on the plot plan. L Properties which include areas designated as flood hazard areas shall be required to delineate the limits of the floodplain as shown on the flood insurance rate maps and shall otherwise document the location and elevation of the proposed structure in relationship to the base flood elevation. j. Copies of all other permits from state or federal agencies shall be submitted with the plot plan. k. The name and address of the owner of record, and the tax map number shall be shown on all documents submitted. I. Impervious surface calculations. m. Responsible land disturber certification. 3. For sites that contain an area designated as a resource protection area as determined by the county: a. The plot plan shall meet all of the criteria identified under [subsection] 2. above. In addition, the following information shall be shown or provided as part of the application: The topography of the site shall be provided at no less than two - foot contour intervals and preferably at one -foot intervals. ii. The resource protection area shall be accurately shown including all water features identified in the county's Chesapeake Bay Preservation Area Ordinance and the required one -hundred -foot buffer. The exact source of the information used in the delineation shall be noted on the site plan, including the names of any other consulting firms used in determining the limits of all tidal and nontidal wetlands, where present. iii. Where a buffer of less than one hundred (100) feet is proposed, a water quality impact assessment shall be prepared and submitted as part of the application. iv. Where best management practices (BMPs) are proposed, the exact location of such BMPs shall be shown in addition to any design details and notations necessary to insure the installation of such features. v. All landscaping proposed in compliance with the Chesapeake Bay Preservation Area Ordinance shall be shown on the plot plan. B. The items listed above are determined to be the minimum standards necessary to insure compliance with the county's ordinances and regulations. Additional information may be required, when in the opinion of the zoning administrator, the parcel, site or proposed construction project requires such information. In addition, the zoning administrator shall have the authority to waive or modify the requirements above, only where the documentation otherwise provided is sufficient to determine compliance. C. The zoning administrator shall have approval authority over all residential plot plans. 328 1. At the time of submittal, an initial determination shall be made as to whether the residential plot plan is complete. If the plan is complete and is found to be in compliance with the requirements of this ordinance, the plan may be approved and a zoning permit issued upon payment of the required fees. 2. Additional review time may be required if the site contains or is in close proximity to sensitive land areas such as floodplain, steep slopes, or resource protection areas; or if the proposed development will exceed the maximum impervious coverage ratio; or as may be deemed necessary by the zoning administrator. In the event additional review time is required, the applicant shall be notified in writing of the additional requirements for approval or reasons for disapproval within ten (10) working days of the submittal date. (7-7-05.) Sec. 7-2003. - Simplified site plan. A. A simplified site plan shall be submitted for a change or expansion of an agricultural, commercial, civic, office, industrial or miscellaneous use on an existing site, unless: 1. The sale or storage of gasoline or hazardous material is involved as part of the use; or 2. Such change involves a change from one (1) principal use category to another, unless where the change from one (1) principal use category to another principal use category will not have a substantial impact on the property and/or surrounding properties, particularly, but not limited to, parking facilities and stormwater management features. The principal use categories shall be agricultural, residential, civic, office, commercial, industrial, and miscellaneous; or 3. Such change or expansion will require additional parking and/or off- street loading under the requirements of this ordinance, unless where the additional parking and/or off-street loading space will not have a substantial impact on the property and/or surrounding properties. Additional parking shall be determined by comparing the proposed use to the most recent use of the property and shall not be triggered by a reconfiguration of the site or existing pervious area; or 4. In the case of an expansion, the expansion exceeds twenty-five percent (25%) or twenty-five hundred (2,500) square feet of the floor area of the existing building(s), or in the case where the building is incidental to the use, the area occupied by the use, whichever is less; or 5. An additional ingress/egress, change in ingress/egress, or additional public improvements are required by the provisions of this ordinance; or 6. A nonresidential structure has remained unoccupied for more than two (2) years, or in the case of a shopping center, fifty percent (50%) of the gross square footage of the shopping center is vacant for more than two (2) years. The exception to this requirement being where the existing site improvements, particularly, but not limited to, parking and stormwater management, are adequate to accommodate the demands of the new use; or 329 7. The scope of the proposed change or expansion is of such nature that the provisions for the handling of natural and stormwater, erosion and sediment control, and best management practices cannot be adequately addressed with a simplified site plan. B. A simplified site plan shall contain the following information: 1. Boundary drawing of the lot or area involved; 2. Present record owner of the property; 3. Vicinity map; 4. Location and size of the existing vehicular entrance to the site; 5. Location of public water and/or sewer or on-site sewage facilities; 6. Location, dimensions, height, and setbacks of all existing and proposed buildings; 7. Location of existing vehicular movement and parking areas, and the number of existing parking spaces; 8. Proposed use of structural addition; 9. Location of any existing required on-site drainage improvements or best management practices; 10. Location of all required landscaping; or significant trees in accordance with the requirements of article VIII; 11. Impervious coverage calculations; 12. Building coverage calculations; 13. Zoning of adjacent parcels; and 14. Any other information deemed appropriate or necessary by the zoning administrator to establish compliance with this or any other ordinances. C. The zoning administrator shall have approval authority over all simplified site plans. 1. An initial determination shall be made as to whether the simplified site plan is complete. In the event it is not complete, it shall be returned to the applicant with a written description of the deficiencies within fifteen (15) working days of the submittal date. 2. Once a simplified site plan is determined to be complete, the plan shall be reviewed for compliance with the ordinance. Where revisions are determined to be necessary, the applicant shall be notified in writing within thirty (30) days of the submittal date of a complete plan. If no revisions are necessary, the applicant shall be notified in writing of a plan's approval within the same thirty -day period. Approval may be contingent upon the posting of any required surety, and other relevant requirements as may be determined by the zoning administrator. (7-7-05; Ord. No. 2011-21-C, 11-17-11; 12-18-14.) Sec. 7-2004. - Preliminary and final site development plan requirements. A. [Preliminary and final site development site plan.] ..... A preliminary and final site development plan, prepared by a certified or licensed engineer, surveyor, architect, or landscape architect, shall be required for the following 330 development proposals to ensure that the development fully complies with all applicable requirements of this zoning ordinance and of other applicable laws, regulations and standards: 1. Any single-family attached or multifamily residential development; 2. All nonresidential uses; 3. Development which requires off-site improvements involving the expenditure of public funds; 4. Any change in use, as determined by the zoning administrator, pursuant to section 5-1003 of this ordinance; 5. For any property for which a change in zoning has been approved by the board of supervisors. B. Exceptions. 1. Bona fide agricultural activities; and 2. Silvicultural activities. C. Preliminary conference. 1. A preliminary conference with planning and zoning staff shall be held prior to the submission of a preliminary site development plan. The applicant shall present a conceptual or schematic plan showing such items as: a. Boundary lines of the subject property. b. Existing land conditions, existing topography at a maximum of ten - foot contour intervals and soils information. c. General layout design of what is proposed, on a scale of at least one (1) inch to one hundred (100) feet. d. Building setback lines. e. Zoning of the subject property and adjacent parcels. f. Location of entrances and points of ingress and egress. 2. The preliminary conference shall serve to provide guidance towards site design and compliance with site development requirements. (7-7-05.) Sec. 7-2005. - Preliminary site development plan requirements. A. Acceptable scales: One (1) inch equals ten (10) feet; One (1) inch equals twenty (20) feet; One (1) inch equals thirty (30) feet; One (1) inch equals forty (40) feet; One (1) inch equals fifty (50) feet; One (1) inch equals sixty (60) feet; or One (1) inch equals one hundred (100) feet. B. The preliminary site development plan shall be accompanied by: 331 1. A copy of the written site analysis in accordance with article VII; 2. A survey of the property; 3. A landscape plan in accordance with article VIII; 4. A lighting plan; 5. A topographic map in accordance with [subsection] C.9., below; 6. Building renderings; and 7. A signage plan for freestanding signs. C. The preliminary site development plan shall contain the following information: 1. Applicant's name, address, legal interest in the property; where the applicant is different from the owner(s) of the property, the name and address of the owner(s) shall be included with a statement describing the relationship between the applicant and the owner(s); 2. A vicinity map at a scale no less than one (1) inch equals one thousand (1,000) feet with such information as names and numbers of adjoining roads, railroads, streams, and bodies of water, subdivisions, or other landmarks sufficient to clearly identify the location of the property; 3. A north arrow, scale, date, and the name of the engineer, architect, designer, or landscape architect; 4. Tax map/parcel number and zoning classification of the site, the address of any existing structures on the site, the present use of the subject property, and the proposed title of the project; 5. Tax map/parcel number, zoning classification and present use of properties immediately adjacent to the site; 6. Property boundary lines, dimensions, existing and proposed easements and utilities, floodplain, existing topography such as natural features and wooded areas, drainage patterns and existing and proposed stormwater facilities, existing and proposed water and sewer facilities, existing rights- of-way of adjacent roads to include their names, numbers and widths, any proposed new rights-of-way including their widths and proposed names, the distance to existing intersections located within five hundred (500) feet of the property, watercourses by name, classification, high, low and mean water lines, any bulkheads, piers or other significant features, resource protection areas and one hundred -foot buffers; 7. Representation of the proposed use, with the location and dimensions of all existing and proposed improvements, including: limits of clearing; buildings (maximum footprint, height, and finished floor elevation) and other structures; setbacks; landscaping; buffers; walkways; fences; walls; trash containers; outdoor storage areas; outdoor lighting; signs; landscaped areas, open space, common areas or areas reserved for public use, including historical or architecturally significant sites; recreational areas and facilities; parking, vehicle movement and other paved areas, parking space size, dimensions, and angles, aisles and aisle widths, loading and service areas; fire hydrants; best management practices; and erosion 332 and sediment control measures required in accordance with the most recent edition of the Virginia Erosion and Sediment Control Handbook; 8. Profile and/or detail sections for road construction, parking and vehicle movement areas, curbing, walkways, water and sewer facilities, fire hydrants, best management practices, stormwater facility improvements, erosion and sediment control measures, signs, walls, and fences, including all material types; 9. Topographic map with a maximum of two -foot contour intervals, showing the location of environmentally sensitive lands, such as wetlands, watercourses and other natural features, mitigation areas, notable soil groups and wooded areas. Where existing ground is on a slope of less than two percent (2%), either one -foot contours or spot elevations where necessary, but not more than fifty (50) feet apart in both directions; and 10. Written schedules or data as necessary to demonstrate that the site can accommodate the proposed use, including: a. Proposed uses and maximum acreage occupied each use; b. For residential developments, maximum number of dwelling units by type and gross residential density; c. Building lot coverage calculations; d. Impervious surface calculations; e. Open space ratio calculations; f. Landscaping points and landscaping surface ratio calculations; g. Recreation ratio calculations; h. Maintenance and ownership of common areas, open space, landscaped and recreational areas; i. Parking data, including the minimum and maximum amount of spaces required and provided, and the angles and dimensions of the spaces; j. For commercial and industrial developments, maximum square footage for commercial and industrial uses, maximum number of employees and maximum lot coverage; k. Type of power to be used for any manufacturing processes; I. The type of solid or liquid wastes or by-products that will be generated by any manufacturing processes; and m. Development schedule for phased development. 11. Any other information deemed appropriate or necessary by the zoning administrator to establish compliance with this or any other ordinances. (7-7-05; Ord. No. 2011-21-C, 11-17-11.) Sec. 7-2006. - Standards for review and approval of preliminary site development plans. A. A preliminary site development plan shall be reviewed on the basis of compliance with the underlying zoning district requirements, proffered conditions of rezoning approval, conditional use permit approval, compliance with overall goals of the comprehensive plan, and other applicable design 333 criteria contained in this ordinance and other ordinances, including but not limited to the following: 1. General design guidelines in this article; 2. Planned Development District requirements in article IV; 3. Highway Corridor Overlay District requirements in article VI; 4. Newport Development Service Overlay District design standards in article VI; 5. Supplementary use and density and dimensional regulations in article V; 6. Historic District requirements in article VI; and 7. Chesapeake Bay Preservation Area Ordinance. B. If, in the discretion of the county, review of any request for development by an outside engineering firm or other consultant expert in the field of the request is deemed necessary, the landowner/applicant shall be required to enter into an agreement or establish an escrow fund, as determined appropriate by the zoning administrator, to pay the fee for such review prior to consideration of the request by the county. The purpose of the review will be to ensure that the request complies with all regulations. (7-7-05.) Sec. 7-2007. - Preliminary site development plan review procedures and approval authority. A. The board of supervisors, following a recommendation from the planning commission shall have approval authority over preliminary site development plans if either of the following conditions are present: 1. The applicant is requesting a waiver from the zoning ordinance; or 2. There are unresolved issues between the applicant and any departmental reviewing agency. If either one (1) of the above conditions are met, the site development plans shall be reviewed in accordance with subsection 7-2007.C. B. If site development plans do not qualify for review by the planning commission and board of supervisors under subsection 7-2007.A., then they may be considered and reviewed administratively by the zoning administrator or the zoning administrator's designee as provided under subsection 7-2007.D. C. Planning commission and board of supervisors review: 1. If planning commission and board of supervisors review is required, fifteen (15) full-sized copies and one (1) "eleven (11) x seventeen (17)" copy of the preliminary site development plan and associated application documents as required by the county, including, but not limited to, traffic impact studies, water quality impact assessments, colored building elevations, and other documents referenced on the accompanying site plan checklist provided by the county shall be submitted to the planning and zoning department. An alternative number of copies may be determined necessary by the Zoning Administrator. An initial determination shall be made as to whether the 334 preliminary site development plan is complete. In the event it is not complete, it shall be returned to the applicant with a written description of the deficiencies within ten (10) calendar days of the submittal date. 2. Once a preliminary site development plan is determined to be complete, the plan shall be distributed to other reviewing agencies for review, and shall be reviewed by the zoning administrator or the zoning administrator's designee. Final recommendations for consideration by the planning commission shall be forwarded to the developer in writing within thirty (30) calendar days of the submittal date of a complete plan, unless the developer agrees to an extension of that period. When all reviewing agencies recommend preliminary approval of a site development plan the zoning administrator shall then schedule such plan for review by the planning commission at their next regular meeting. The planning and zoning department shall prepare a composite report on the proposed site development plan which shall include review comments by other agencies. The planning commission shall consider the composite report and the site development plan and shall recommend the granting of preliminary approval to the board of supervisors or, recommend denying preliminary approval to the board of supervisors, or defer action of the application. 3. Once the plan has been scheduled for review by the planning commission and subsequent review by the board of supervisors, it shall be the responsibility of the applicant to post on the property for which the application is filed at least one (1) sign, provided by the county, providing notice to the public that a proposed preliminary site development plan is on file in the department of planning and zoning and is available for public view. Such posting shall conform in all respects to the posting requirements for rezoning and conditional use permit applications, which are set out in section 1-1021 of this ordinance. 4. The planning commission shall act on and then send a recommendation to the board of supervisors for the preliminary site development plan within one hundred (100) calendar days of submission. If no action has been taken by the planning commission on a site development plan within one hundred (100) days of submission, the site development plan shall be deemed approved. A site development plan shall not be considered to have been formally submitted to the planning commission until the first public meeting is held for that particular a site development plan. The zoning administrator or their designee shall notify the applicant in writing of the planning commission's findings within ten (10) calendar days of the planning commission meeting. Such notice shall state any actions, changes, conditions, or additional information that shall be required prior to securing final site development plan approval. 5. Following a recommendation from the planning commission, the zoning administrator shall schedule such plan for review by the board of supervisors at their next regular meeting. The planning and zoning department shall prepare a composite report on the proposed site development plan which shall include review comments by other agencies. The board of supervisors shall consider the composite report and the site development plan and shall grant preliminary approval, deny preliminary approval, or defer action on the application. 335 6. When a preliminary site development plan is disapproved, the board of supervisors shall direct the zoning administrator to set out in writing the reasons for the disapproval and shall also generally identify the corrections or modifications that will permit approval of the plan. D. Administrative review by the zoning administrator. 1. Fifteen (15) full-sized copies and one (1) "eleven (11) x seventeen (17)" copy of the preliminary site development plan and associated application documents as required by the county, including, but not limited to, traffic impact studies, water quality impact assessments. An alternative number of copies may be determined necessary by the Zoning Administrator. An initial determination shall be made as to whether the preliminary site development plan is complete. In the event it is not complete, it shall be returned to the applicant with a written description of the deficiencies within ten (10) calendar days of the submittal date. 2. Once a preliminary site development plan is determined to be complete, the plan shall be distributed to other reviewing agencies for review, and shall be reviewed by the zoning administrator or the zoning administrator's designee. The planning and zoning department shall forward all comments to the developer in writing within thirty (30) calendar days of the submittal date of a complete plan, unless the developer agrees to an extension of that period. No plan shall be approved until all staff comments and other agency comments are satisfied. 3. Once a preliminary site development plan is determined to be complete, it shall be the responsibility of the applicant to post on the property for which the application is filed at least one (1) sign, provided by the county, providing notice to the public that a proposed preliminary site development plan is on file in the department of planning and zoning and is available for public view. Such posting shall conform in all respects to the posting requirements for rezoning and conditional use permit applications, which are set out in section 1-1021 of this ordinance. 4. In the case of disapproval, the zoning administrator shall set out in writing the reasons for the disapproval and shall also generally identify the corrections or modifications that will permit approval of the plan. Upon disapproval of a preliminary site development plan, the applicant shall have a right of appeal to the planning commission within ten (10) business days of receipt of the written notice of disapproval. The case will be presented at the next regularly scheduled planning commission public hearing. The planning commission will make a recommendation to the board of supervisors to either uphold or reverse the decision of the zoning administrator. The decision of the board of supervisors will be final. (7-7-05, 3-20-14.) Sec. 7-2008. - Final site development plan review procedures and approval authority. A. The zoning administrator shall have approval authority over final site development plans, unless: 1. The board of supervisors, at its discretion, may require that the final site development plan for a site that was previously granted preliminary 336 approval by the board of supervisors also be submitted to the board of supervisors for review of its compatibility with the preliminary site development plan approval. 2. The zoning administrator shall submit a final site development plan to the board of supervisors following a recommendation from the planning commission for its review and action if the zoning administrator determines that the final site development plan varies substantially from the approved preliminary site development plan. B. The final site development plan shall reflect all those elements approved on the preliminary site plan. In addition, it shall include all notes, statements and stipulations required to be placed on the final site development plan by law or as a condition of approval. 1. In the case of a planned development, the final site development plan shall conform to the approved master development plan and shall include all of the elements required on a preliminary site development plan. C. The final site development shall be submitted to the department of planning and zoning within six (6) months of preliminary site development plan approval or the applicant must file a new application for preliminary site development plan approval. D. Upon submittal of the final site development plan, the zoning administrator shall redistribute the plan to all departments/agencies included in the preliminary site development plan review. The plan shall be reviewed for conformity with the approved preliminary site plan and with all other applicable provisions of this ordinance and related ordinances, and other regulations and policies applicable to the site. E. The applicant shall be notified of the plan's approval subject to the posting of the required surety, payment of any outstanding fees and any other conditions of approval within forty-five (45) days of the plan's submittal. F. In the case of disapproval, the zoning administrator shall set out in writing the reasons for the disapproval and shall also generally identify the corrections or modifications that will permit approval of the plan. Upon disapproval of a final site development plan, the applicant shall have a right of appeal to the planning commission within ten (10) business days of receipt of the written notice of disapproval. The case will be presented at the next regularly scheduled planning commission meeting. The planning commission will make a recommendation to the board of supervisors to either uphold or reverse the decision of the zoning administrator. The decision of the board of supervisors will be final. (7-7-05, 3-20-14.) Sec. 7-2009. - Approval required prior to issuance of a zoning and building permit. Where a residential plot plan, simplified site plan, or preliminary and final site development plan is required under this zoning ordinance for the construction or structural alteration of any building or structure or the development or modification of any land, no zoning or building permit shall be issued for such activity until the required plan has been approved. (7-7-05.) Sec. 7-2010. - Site construction compliance. 337 It shall be a violation of this zoning ordinance for any person to construct or structurally alter any building or structure or to develop or modify land for which a residential plot pian, a simplified site plan, or final site development plan is required, except in accordance with the approved plan. All improvements required by this ordinance and shown on the approved plan shall be built to the county's standards and specifications, including those established by the various county departments, and shall be installed by and at the expense of the developer. (7-7-05.) Sec. 7-2011. - Temporary certificate of occupancy. A. No certificate of occupancy shall be issued until the required site improvements have been completed in accordance with an approved simplified site plan or final site development plan. When the occupancy of a structure is desired prior to the completion of the required site improvements, a temporary certificate of occupancy may be issued only if the owner or developer provides a form of surety satisfactory to the county attorney in an amount equal to the costs of labor and materials plus ten percent (10%) contingency allowance satisfactory to the zoning administrator. B. All required improvements shall be completed and approved within six (6) months or the surety may be forfeited. (7-7-05.) Sec. 7-2012. - Modification of approved plans. If it is necessary to modify an approved residential plot plan, simplified site plan, or a final site development plan, and the change is determined by the zoning administrator to have no substantial impact, the zoning administrator may approve the change without adhering to the procedures and filing requirements of this section. If a change is determined to be substantial, the zoning administrator shall require a new plan be submitted in compliance with the provisions of this section. (7-7-05.) Sec. 7-2013. -Time limitation on approved plans. Approval of a simplified site plan and final site development plan shall be void unless a building permit has been issued or use of the affected property has commenced within five (5) years from the date of approval as outlined in Section 15.2-2261 of the Code of Virginia. (7-7-05.) Sec. 7-2014. - Submittal of as -built plans. A. Upon satisfactory completion of required improvements as shown on the approved site plan or a section thereof, the developer may be required to submit to the zoning administrator copies of the "as built" plans due to the nature, scale, or scope of the improvement or improvements. B. The as -built plans must be certified by a licensed engineer or surveyor prior to occupancy of any building. C. The as -built plans may be forwarded to the appropriate county departments for review. D. The building official shall not process the occupancy permit until the appropriate "as -built" plan has been reviewed and approved, if so required by the zoning administrator. (7-7-05.) 338 Article VIII. - Landscaping and Screening Standards. Sec. 8-1001. - Purpose. The purpose of this section is to establish minimum design standards and specifications for any site landscaping as may be required by this ordinance and as recommended by the comprehensive plan. These standards and specifications are to promote the appearance, character, and economic value of the built environment; to preserve and enhance the visual aesthetic in rural areas; to reduce and soften the visibility of paved areas and structures from adjacent properties and public rights-of-way; to moderate climatic effects and improve energy efficiency; and to minimize noise and glare. Where extensive natural tree cover and vegetation does not exist, environmentally sensitive landscaping shall be provided to enhance the appearance of the development, aid in erosion control and stormwater management, provide protection from wind and sun, screen streets and parking areas, and enhance the privacy of dwelling units. (7-7- 05; Sec. 8-1002. - Landscape plan. A. Landscape plan required. 4-21-16.) 1. A landscape plan shall be prepared for any development project required to provide landscaping or any similar site treatment by this ordinance. Such landscaping plans shall be in accordance with the purpose stated in section 8-1001 and integrated into the overall site or development plan for which approval is being sought pursuant to this ordinance. 2. No new parking areas shall hereafter be constructed or used unless landscaping is provided as required by the provisions of this article. B. Contents of landscape plan...... A landscape plan shall be submitted to the zoning administrator for review and shall include clearly labeled plans, drawings, photographs and/or narratives depicting or presenting the following, unless deemed unnecessary by the zoning administrator such as in the case of a simplified site plan: 1. Landscape plans shall be prepared and/or certified by a site design professional licensed by the Commonwealth of Virginia. 2. Location and identification by size and name, of all trees eight inches (8") in diameter or greater or any tree of mature, heritage, or significance as defined in section 2-1002, on the site. In wooded areas, the delineation of the existing vegetation on the site prior to land disturbing activities associated with the development and the proposed limits of clearing of such areas may be shown in lieu of indicating individual trees. However, any eight -inch diameter, mature, heritage, or significant tree within wooded areas to be cleared shall be individually located and identified by size and name, and justification provided as to need for removal. 3. Location, dimensions and area of all required landscaping zones and elements. 4. Location of areas proposed to be fenced, walled, or otherwise screened through the use of architectural, or earthen forms, or any other 339 landscaping methods including notes and details to describe fully the methods, dimensions, and materials proposed. 5. Location, height, width or caliper (whichever is more appropriate at planting time), type and name (common and botanical), of all landscaping materials including materials to be retained on-site and seasonal replacements proposed for installation. All new materials shall be presented in a "planting schedule" providing the aforementioned information and proposed quantities to be installed, along with the landscaping points values associated with each installation, as specified in section 8-1004. 6. Appropriate details and notes indicating the methods to be utilized to protect trees and plant materials remaining on site from damage, both during and after development of the site. 7. Notations stating the responsible party for the perpetual maintenance of all landscaping features to be preserved or installed on the site in accordance with the requirements of this article. 8. A schedule or table of the calculation of the landscaping points and landscaping credits for each landscaping zone, and the landscaping plan in total, based on the values set by this article. 9. A certified canopy coverage plan illustrating the projected parking area canopy coverage and including calculation of the canopy coverage percentage. (7-7-05; 3-20-14; 4-21-16.) Sec. 8-1003. - Landscaping and screening requirements and design guidelines. A. Overall site design...... The following overall site layout and design standards shall apply to all landscaping plans: 1. Landscaping design and planning are to be integrated within the overall site design. 2. Natural appearing landscape forms are strongly encouraged. Straight rows of plantings are discouraged and trees, shrubs, flower beds, and other material types shall be interspersed with one another. 3. Landscape materials and designs are to be appropriate for the specific characteristics of the site. 4. Native plants, as identified by the Virginia Department of Conservation and Recreation (DCR), and materials indigenous to the region are desirable and are encouraged, particularly because of their adaptation to local climate, disease resistance, soils, hydrology, and adverse weather conditions. 5. Invasive species, as identified by the Virginia Department of Conservation and Recreation (DCR), shall be prohibited. 6. Landscape plantings located within the sight triangle of roadway or driveway intersection hall conform to Virginia Department of Transportation (VDOT) guidelines for height. 7. Landscaped areas shall require protection from vehicular encroachment by such means as, but not limited to, wheel stops, concrete or bituminous curbs, or decorative walls or fencing. 340 8. No more than fifty percent (50%) of the required trees or shrubs in a single landscaping zone shall be of a single species. This subsection shall not apply to existing trees preserved on the site or to single-family residential lots which are regulated by subsection 8-1005.F. 9. Existing and viable trees and areas of significant vegetation are to be preserved and protected, in accordance with section 8-1009. Existing shrubs and trees which are suitable for use in required landscaping zones shall be preserved and used to the maximum extent practicable. In no case shall any viable, mature, heritage, or significant tree eight (8) inches or more in diameter measured at breast height (four and one-half (4%)) feet from ground level) be removed from any landscaping zone except to accommodate necessary entrances, utility easements, or where such preservation would create or perpetuate demonstrable hazards to public health, safety, or welfare, subject to the approval of such removal by the zoning administrator. 10. Areas in which trees are preserved shall remain at original grade level and undisturbed wherever possible. Trees and vegetation which are to be preserved shall be clearly marked in the field. 11. Decorative walls, fences, berms and/or other earthforms may be integrated into any landscaping program subject to setback and sight triangle requirements, and the materials and construction standards in section 8-1009. 12. Where sidewalks, or other pedestrian, bike, and/or equestrian trails are proposed in the landscaped area, such paths shall be meandering, if necessary, in order to preserve the existing trees. 13. To the greatest extent possible, stormwater management structures and facilities shall be placed outside of the landscaping zones identified in this article. When placement of stormwater management structures and facilities in a landscaping zone is demonstrated as unavoidable by the applicant, and is not prohibited elsewhere in this ordinance, such structure or facility shall be landscaped in a naturalized pattern utilizing native species and the landscaping point required for the area encompassed by the stormwater management structure or facility shall be disbursed throughout the remaining area of the landscaping zone. The zoning administrator may allow points to be distributed to areas immediately adjacent to the landscaping zone affected in order to allow for a more naturalized appearance and prevent overplanting within the remaining landscaping zone area. B. Landscaping points...... All plants, fences, walls, berms, or other landscaping elements in a development plan are assigned a landscaping points value in table 8-1004. Each applicable landscaping zone, as defined in section 8-1005, on a development plan has a required landscaping points value and required design guidelines which must be met by the landscaping plan. 1. All landscaping plans are required to have at least twenty-five percent (25%) of the total landscaping points for the site as evergreen species. 2. In addition to the points required for each landscaping zone, all multifamily, civic, commercial, industrial, and miscellaneous uses are 341 required to achieve a minimum fifteen percent (15%) landscape surface ratio (LSR) for the total project site. a. Plantings within the frontage zone, buffer zone, parking zone, foundation zone, and screening zone may be included as landscape area in the LSR calculation. b. Undisturbed, delineated wetlands and riparian buffers may be included as landscape area in the LSR calculation. (7-7-05; Ord. No. 2013-7-C, 5-16-13; 12-18-14; 4-21-16.) Sec. 8-1004. - Landscaping points values table. Landscape Elements* — Points" Point Value Preserve existing tree (see Sect. 8-1008) 90 Large deciduous tree: 3" + cal. or 12'+ height 30 Medium deciduous tree: 2-3" cal. or 10-12' height 1 20 Small deciduous tree: 1-2" cal. or 8-10' height 10 10 Ornamental tree greater than 8' height I 12 Ornamental tree less than 8' height 1 7 Large evergreen tree: greater than 10' height I 30 Medium evergreen tree: 7-10' height 1 20 Small evergreen tree: Less than 7' height, min. 4' height 1 10 Large deciduous shrub: 5 -gal. or 36" min. height 1 3 Medium deciduous shrub: 3 -gal. or 24" min. height I 2- Small deciduous shrub: 2 -gal. or 18" min. height 1 1 Large evergreen shrub: 5 -gal. or 36" min. height I 3 Medium evergreen shrub: 3 -gal. or 24" min. height 2 Small evergreen shrub: 2 -gal. or 18" min. height 1 1 Groundcover plants: 1 gal. Pint Wall, fence, berming (height at centerline): .5 .25 342 Less than 3' 1.5 pts/10 I.f. Over 3' 2.5 pts/10 I.f. * All ornamental grasses will count based on the size of the root ball or container. ** In the case of a conflict between the root ball or container size and the plant height, points value will be determined by the root ball or container size. (7-7-05; 4-21-16.) Sec. 8-1005. - Landscaping zones. A. The landscaping zones which may apply to any lot or parcel being developed are the frontage zone, buffer zone, parking zone, foundation zone, and screening zone, except that in the case of single-family residential lot development, the whole site is treated as a single zone and regulated by subsection 8-1005.D. B. In the case of overlapping zones, the following hierarchy of application shall apply: 1. Frontage zone; 2. Buffer zone; 3. Parking zone; 4. Foundation zone; 5. Screening zone. C. In the event that any two (2) zones sit immediately adjacent to each other the adjacent sections may be reduced by fifty percent (50%). D. Single-family residential. 1. Single-family residential lots shall be treated as a single zone meeting the requirements of this section and shall not be required to meet the individual frontage, buffer, parking, foundation, and screening zone regulations unless specifically required by an adopted master plan. 2. Single-family residential lots shall install, at a minimum, the landscaping points as required by section 8-1006. 3. Required landscaping points shall be installed before issuance of a certificate of occupancy. E. Village Centers. 1. Properties located within a designated village center shall only be required to apply the frontage zone, parking zone, and screening zone, when development or redevelopment occurs. 2. The frontage zone shall be reduced by thirty percent (30%) within the village center. 343 F. Zone requirements. 1. Frontage zone...... The frontage zone is a landscaping area located along the entire frontage of the parcel with a width equal to the width of the required front setback or visual buffer for the parcel, as defined by the zoning district or appropriate overlay district. Frontage Zone 1-25 Points per I. inear rwt for Under 50 foot .Setbacks 1.15 Points per L wear font for 50 font and Greater SeLhncks a. There are two (2) frontage zone classifications. L Rural frontage zone applies to all properties which are outside of the designated development service districts and village centers of the county comprehensive plan. A. In the rural frontage zone, properties can, regardless of the required setback, provide one (1) of the following: 1. Return the zone to native vegetation and leave the zone untouched. Native vegetation shall be defined as a minimum of one and one-quarter (1.25) points of landscaping per linear foot of lot frontage using species native to southeastern Virginia. 2. If the existing vegetation within the zone is deemed adequate to meet the required landscaping points, as determined by the zoning administrator or his designee, the existing vegetation may be maintained, leaving the zone area untouched. rrontaee Zone - Miral !cuff_n3U1'mSdb-& I.-24 Potnts pcT Lmcar rm o! ventage- Example: 100 Linear Fccl 125 Pl. w of a 25 Pm. rat K"'A. W = 1:514en1, B. In the rural frontage zone, sixty percent (60%) of landscaping points are required to be non -ornamental species of trees. No more than fifty percent (50%) of trees may be evergreen species. Native species are required. ii. Development frontage zone applies to all properties which are within the designated development service districts of the county comprehensive plan. 344 A. In the development frontage zone, properties are required to install a minimum of one and one-quarter (1.25) points of landscaping per linear foot of lot frontage. B. In the development frontage zone a uniform aesthetic is desired across all developments. If a nearby property has already developed the new development shall use the same plant materials, to the extent possible, to create a uniform look. Nurnagc Zone - Dcrclopn,cm Savice Dis„ic,s [.is 30 Fwd Sdhkk I Y1 Poem I'" [.mass fm of V"L&L - f wrq+k W baaa feel - 1251'.anu fMmoa, �4AtrM1W F A .x SA -2 -r n f.n,rvn Vaunt : FUio. n Fnm�. ;5 smallnarJm ShW. i'an� :3 Rwas %Ud—Lr.&_1 s* Ivan Noe. 2. Buffer zone...... The buffer zone is a continuous landscaping screen, ten (10) feet wide, required along all side and rear yards. Required landscaping points are based on the parcel use type, as identified in article III of this ordinance, as detailed below. Buf er Zone Points Based on Use Type per 500 Square Peet 111Buffer zone I a. Existing vegetation may be maintained in lieu of creating a buffer zone as defined by this section, if deemed adequate to meet the required landscaping points by the zoning administrator or his designee, to serve the screening purpose. b. One (1) pedestrian break of at least six (6) feet in width is required for every fifty (50) linear feet in the buffer zone, except that breaks which are used for placement of a surfaced walkway, pathway, or trail are required to be the width of the trail plus an additional two (2) feet on either side of the walkway, pathway, or trail. C. Installation of all required points must be disbursed in a generally even pattern throughout the buffer zone area, except in cases of concentrated nuisance, such as light or noise, which require heavier screening in a particular location. 345 d. For development on property zoned Rural Agricultural Conservation (RAC) the buffer zone may be reduced by fifty percent (50%) if the development is not immediately adjacent to an existing residential structure or if deemed appropriate by the zoning administrator or his designee. e. Required buffer zone by use type. i. Agricultural use types. A. Agricultural use types are not required to install buffer zone landscaping. ii. Residential use types. A. Residential use types are not required to install buffer zone landscaping, unless otherwise specified in this ordinance. Single-family residential uses are required to install parcel or lot landscaping in accordance with subsection 8-1005.F. iii. Civic use types. A. Civic use types are required to install a minimum of forty-five (45) points of landscaping per five hundred (500) square feet of buffer zone. Civic Use Buffer 15 Points 1wr 51111 Squaic Fccl t i i I'nlrslritin Snmk - ti loot min. I k 15"11 F%ttpm Tree ti 10 Pomn - 10 Points I APnitMt U%nPri n S1nubs s 2 Points 'Mints J 1 Si Smill Fkrtiuuus 5hnila s i form - IS Puma Until - 45 Points iv. Office and commercial use types. A. Office and commercial use types are required to install a minimum of sixty (60) points of landscaping per five hundred (500) square feet of buffer zone. Commercial UseTypic ti11 Paints {>rr ! DO Square t , n in. ms- 11 Point, W- I I Prnms nts - 20 Points --'un - J POlntti Twat - to Points B. In the case of a master -planned commercial, office park, or mixed-use development the required buffer zone points shall be reduced by fifty percent (50%) for interior lot lines which are platted as part of the overall park/development. No reduction shall be allowed along sections of lot lines which are adjacent to properties not part of the master -planned park or 346 in buffer zones adjacent to the exterior borders of the park, except as noted below. 1. In the case of a master -planned commercial or office park which has installed buffer zone landscaping around the park as a whole, in accordance with section 4-17005, the required buffer zone points per lot shall be zero (0) along sections of lot line which contain existing buffer zone landscaping in accordance with section 4-17005. C. In the case of a commercial or office use type which is immediately adjacent to another commercial or office use type, the minimum required buffer zone points per lot shall be reduced by fifty percent (50%) along any shared sections of the lot lines. v. Industrial use types. A. Industrial use types are required to install a minimum of one hundred twenty (120) points of landscaping per five hundred (500) square feet of buffer zone. 10 ften I) Wiisirls- {Jse Buffer 120 Paints per 500 5gwte fKt Pedmian OreA - r. Poor min. I.12 i Saul] [:sere, un Slm,bs x 1 PaMl - 3:Pninrs Il hlnlwm [kcrdrrona SAmM a _' Pmnu ?8 E'aina 12AcJMm Dmdw Trm % 2n Point - 40 E'ornls {1 11 Snull F.r ergsren Tues % OU Nnnis - 2n P,.enas Tani - I 2 Faints B. In the case of a master -planned industrial or commerce park, the required buffer zone points per lot shall be reduced by fifty percent (50%) for interior lot lines which are platted as part of the overall park. No reduction shall be allowed along sections of lot lines which are adjacent to properties not part of the master -planned park or in buffer zones adjacent to the exterior borders of the park except as noted below. 1. In the case of a master -planned industrial or commerce park which has installed buffer zone landscaping around the park as a whole, in accordance with section 4-19005, the required buffer zone points per lot shall be zero (0) along sections of lot lines which contain existing buffer zone landscaping in accordance with section 4-19005. vi. Miscellaneous use types. A. Miscellaneous use types are required to install a minimum of one hundred twenty (120) points of landscaping per five hundred (500) square feet of buffer zone. B. The zoning administrator may administratively waive up to thirty (30) points of landscaping per five hundred (500) square feet for the buffer zone of less intense miscellaneous uses, with a written request, including justification, from the applicant. 347 1. Waiver requests greater than thirty (30) point per five hundred (500) square feet shall be considered by the board of supervisors following a recommendation by the planning commission. 3. Parking zone...... The parking zone is a continuous perimeter buffer, ten (10) feet in width, surrounding the entire parking area, which includes parking spaces and any directly adjacent sidewalks, loading zones, drive aisles, and ingress/egress driveways. Parking Zone GU Points per 500 Square feel of Zone Amu Parkmg Zane a. Parking zones shall install a minimum of sixty (60) points of landscaping per five hundred (500) square feet of total parking zone area. i. All landscaping points must be installed within the boundaries of the parking zone, except that as close to twenty percent (20%) of points as possible shall be distributed on interior landscaping islands and medians, if applicable. ii. A minimum of twenty percent (20%) of points shall be shrubs. iii. Shrubs shall be a minimum of twenty-four (24) inches in height at the time of installation. iv. Parking zone landscaping shall be distributed across the parking area so that the cumulative effect shall be to provide a minimum of thirty percent (30%) canopy coverage or shading of the parking zone within fifteen (15) years. b. Included within the total required points for the parking zone shall be one (1) large deciduous tree per two thousand (2,000) square feet of impervious area within the parking zone. The parking zone area calculation shall include parking spaces and any directly adjacent sidewalks, loading zones, drive aisles, and ingress/egress driveways. c. Each parking space above the minimum parking space requirements of this ordinance shall require an additional ten (10) landscaping points per space, to be installed in the parking zone. i. Each space above the minimum requirements of this ordinance shall be surfaced in permeable materials and shall not be impervious materials as defined in section 2-1002. ii. Landscaping credits, as specified in section 8-1007, shall not be applicable to any landscaping points accumulated for parking KM spaces above the minimum parking space requirement of this ordinance. d. Landscaping islands a minimum of nine (9) feet wide and eighteen and one-half (18.5) feet long are required at the end of each parking row. Islands at the end of a double row of parking are required to be a minimum of nine (9) feet wide by thirty-seven (37) feet long. L Additional landscaping islands, a minimum of nine (9) feet wide by eighteen and one-half (18.5) feet long, are required every eight (8) linear spaces to break up long rows of parking. Islands inserted into a double row of parking are required to be a minimum of nine (9) feet wide by thirty-seven (37) feet long. Partin; I,lw h IYNr ai1.w! ur.r} 1.n w YW t. �wW w.M r.Nq rr—• M y 1'iYq..AY w.A r4y 11'MM. Y.• 1A•�Mrrwly —• Fntw.w.w4.A 11a....w 11 r. M rMMM s.4+. e. Parking lots shall include no more than four (4) consecutive rows of parking (no more than two (2) double rows of parking) without at least one (1) landscaping median, a minimum of five (5) feet wide, connecting landscaping islands to break up large parking areas. f. Large parking lots shall be divided into smaller parking fields of no more than one hundred (100) spaces using landscaping medians which are a minimum of fifteen (15) feet wide and including a pedestrian walkway which is at least five (5) feet wide. g. Where a parking area is altered or expanded to increase the size to twenty (20) or more vehicle parking spaces and is used regularly for at least five (5) days a week, landscaping for the entire parking area shall be provided, not only for the extent of the alteration or expansion. 4. Foundation zone...... The foundation zone is a continuous area six (6) feet in width around the entire perimeter of the building. Foundation Lonc 30 1'oinls per ISO Square Feel of Zone Area Foundation Zone M,M a. Foundation zones shall install a minimum of thirty (30) points of landscaping per one hundred fifty (150) square feet of total foundation zone area. b. Landscaping shall be installed as a continuous bed around all sides of the structure, except that required perpendicular access breaks shall be allowed. c. Landscaping points may be reduced by fifty percent (50%) on any side of a structure which is not visible from an existing or proposed public right-of-way. 5. Screening zone. ..... The screening zone is a continuous planting area required around all service structures, equipment, and/or outdoor storage yards for the purpose of reducing the impact of the structure or use visually and acoustically. Screening zone 8 Points per 10 Linear Feet orperimeter Screening Zane Arca to be Access hieasured Ppim We[umusor 1 All Sider a. Screening zones shall install a minimum of eight (8) points of landscaping per ten (10) linear feet of perimeter length. b. In the screening zone, solid and semisolid perimeter features such as fences, berms, walls, or other nonorganic elements shall not be included in the calculation of landscaping points. c. The perimeter area of service structures, equipment, and/or outdoor storage yards shall be determined by measurement of the complete outside perimeter of the structure or equipment, including any fencing, and including the distance across access points or entryways. d. Landscaping shall be installed as a continuous screen around all sides of service structures, equipment, and/or outdoor storage yards, except that required access and entry breaks shall be allowed, provided that the points associated with the perimeter area of such breaks are incorporated into the rest of the screening zone. e. Plants must be installed no more than ten (10) feet from the base of service structures, equipment, and/or outdoor storage yards. If service structures, equipment, and/or outdoor storage yards are enclosed by a fence, wall, berm, or other perimeter feature, the required screening points shall be installed within ten (10) feet of the base of such perimeter feature. f. At the time of installation, plant height shall be a minimum of fifty percent (50%) of the total height of the structure or equipment being screened. (7-7-05; Ord. No. 2011-21-C, 11-17-11; Ord. No. 2013-7-C, 5- 16-13; 3-20-14; 12-18-14; 4-21-16.) Sec. 8-1006. - Single-family residential landscaping points table. M Total Square Footage of Proposed Residence 0-1,000 2,501-3,000 3,001-3,500 3,501-4,000 Sec. 8-1007. - Landscaping credits. Total Landscaping Points Required on A. Landscaping credits are available for the use of certain environmental practices, as outlined in section 8-1008. Additional practices can be considered by the zoning administrator for credits on a case-by-case basis with documentation of the positive environmental impacts associated with the practice. B. An individual zone may be reduced by no more than fifty percent (50%) of the zone requirement due to landscaping credits, except that the zoning administrator may approve up to an additional ten percent (10%) reduction (not to exceed sixty percent (60%) in any individual zone) for a design which incorporates outstanding and innovative environmental design above and beyond what is described in this article. C. The required points for a single-family residential lot may be reduced by no more than forty percent (40%) of the whole site total points due to landscaping credits, except that the zoning administrator may approve up to an additional ten percent (10%) reduction for a design which incorporates outstanding and innovative environmental design above and beyond what is described in this article. (7-7-05; 4-21-16.) Sec. 8-1008. - Landscaping credits table. r Environmental Practice Tree preservation Points Credit Value ApplicableZone Additional Requirements Buffer, Credit must be applied in 30 points per tree over 8" caliper. frontage, the zone the trees are Tree -save areas, parking, located in, except that tree preservation foundation, trees which do not fall groupings, or I screening into a particular zone undisturbed, Single-family I may be applied to the delineated residential— buffer zone requirement 351 vith approval of the ening administrator. rking reduction must be approved by the oning administrator before credit is applicable. !duction requests are isidered on a case -by - ase basis during site plan review. edits must be applied the zone which the ermeable material is located in. No credits may be accumulated for permeable surfaces tside of a landscaping zone, except as therwise specified in article Vill. Credits for surfaces rich are located within landscaping zone and extend out of a ndscaping zone (such walkways between a uilding and a parking )tj may be applied to :he foundation zone only. Maintenance specifications for the :hnology used shall be :luded in any required plans, environmental anagement plans, and the BMP maintenance ;reement for the site. !dit must be applied to 352 As identified by total points foundation, Virginia 20% reduction frontage, Department of I points buffer, Conservation and screening. Recreation Single-family residential— Whole site F_ Each 1 square foot of green roof Foundation, Green roof equals 1 point buffer, reduction in the frontage 3 zone of choice. i F_ Parking, foundation, jXeriscaping 10% reduction in buffer, total points frontage, screening I Green technology and intelligent siting F_ Foundation Whole site i Solar orientation 10% reduction in total points— points single-family residential only Seasonal shading Foundation 10% reduction in Single-family points residential— Whole site undation Solar/geothermaliTiningle-family power generation, 20% reduction heating, and/or points residential— cooling Whole site � Foundation, Innovative parking, stormwater buffer, management (rain 10% reduction in frontage, � gardens, low points screening. impact Single-family development, residentiai— graywater reuse) Whole site the zone which the I native species are planted in. Credit must be applied to the zone in which the xeriscaping is installed. Not applicable to single- family residential. Credit must be applied in the zone in which the facility is located. Standard detention/retention ponds (with or without fountains) and drainage ditches and swales (with or without vegetation) 353 U.S. Green Building Council Leadership in Energy and Environmental Design Certification [LEED Rating] I 15% reduction in buffer zone, PLUS 5% reduction in foundation zone, PLUS 5% reduction in parking zone points Certified rating Silver rating Gold rating 10% reduction in buffer zone, PLUS 10% reduction in foundation zone, PLUS 5% reduction in parking zone points 15% reduction in buffer zone, PLUS 15% reduction in foundation zone, PLUS 10% reduction in parking zone points 20% reduction in buffer zone, PLUS 20% reduction in Platinum rating foundation zone, PLUS 10% reduction in parking zone Buffer, foundation, parking Buffer, foundation, parking Buffer, foundation, parking Buffer, foundation, parking will not qualify for this credit. Maintenance specifications for the technology used shall be included in any required site plans, environmental management plans, and in the BMP maintenance agreement for the site. —1 354 points T Earthcraft Certified 15% reduction in Whole site Construction total site points total points (7-7-05; Ord. No. 2011-10-C, 6-16-11; 4-21-16.) Sec. 8-1009. - Material and construction standards. Single-family residential only A. Plant material standards...... All plant materials shall be in a living, healthy condition and shall be in conformance with the applicable standards of the most recent edition of the "American Standard for Nursery Stock," published by the American Association of Nurserymen. It is recommended that indigenous plant materials be utilized in all cases except that alternative species may be used, upon certification from a licensed landscape architect that such species have rated hardiness and growth habit appropriate for the intended location on site. B. Berms and earthform standards...... All berms and earthforms required or otherwise proposed for use shall conform to the following standards: 1. The maximum side slope shall be three (3) horizontal feet to one (1) vertical foot (3:1) and appropriate erosion and sediment controls are to be utilized during construction. 2. Berms and earthforms shall be designed with physical variations in height and alignment throughout their length. 3. Plant materials shall be installed on berms or earthforms and shall be arranged in an irregular pattern to accentuate the physical variation and achieve a natural appearance. 4. Berms and earthforms shall be located and designed to minimize the disturbance and adverse impact to existing trees located on the site or adjacent thereto. C. Tree protection standards...... Development of land for different uses and intensity of uses may necessitate the removal of trees to accommodate roads, parking, buildings, and facilities. It is the express intent of this section that every effort is made through the design, layout, and construction of development projects to incorporate and preserve as many trees as possible. 1. No person shall cut, destroy, move, or remove any living, disease-free tree of any species having a trunk with a diameter of eight (8) inches or larger, measured four and one-half (4%Z) feet from the base, in conjunction with any development of land governed by this ordinance unless and until such removal or destruction has been approved under the provisions of this article. 2. No person shall cut or clear trees for the sole purpose of offering land for sale. Land may be cleared of underbrush ("bushhogged") in preparation for sale or development. 3. if it is determined that trees of eight (8) inches or larger and/or vegetation has been removed without specific approval for such removal 355 in accordance with this ordinance, the zoning administrator shall require the replacement of said trees or vegetation. At a minimum, replacement trees shall meet the specifications of section 8-1004 for large deciduous or evergreen trees. 4. All trees which are to be preserved on-site shall be subject to the minimum standards of the most current Virginia Erosion and Sediment Control Handbook. (7-7-05; 4-21-16.) Sec. 8-1010. - Landscape plan approval and implementation. The zoning administrator shall approve all landscape plans meeting the requirements of this article and ordinance, subject to the following: A. No site or development plan required by this ordinance shall receive final approval until such time as the landscaping plan has been duly submitted and approved. B. No certificate of occupancy may be issued by the superintendent of building inspections unless the following items are satisfactorily completed with regard to the approved landscaping plan: 1. Such plan has been completely implemented on the site. 2. Temporary certificate of occupancy. a. When landscaping is required, no certificate of occupancy shall be issued until the required landscaping is completed in accordance with the approved landscape plan. When the occupancy of a structure is desired prior to the completion of the required landscaping, a temporary certificate of occupancy may be issued only if the owner or developer provides a form of surety satisfactory to the county attorney in an amount equal to the costs of labor and materials plus ten percent (10%) contingency allowance satisfactory to the zoning administrator. b. All required landscaping shall be installed within twelve (12) months following the issuance of a temporary certificate of occupancy or the surety described above may be forfeited to the county. This requirement shall not preclude the phasing of landscaping programs for larger development projects, the timing of which shall be approved by the zoning administrator. (7-7-05; 4- 21-16.) Sec. 8-1011. - Surety requirements. Surety in an amount equal to twenty-five percent (25%) of the cost of materials and installation of landscaping, screening and buffering materials, including fences, shall be provided in a form acceptable to the county attorney, prior to the issuance of a Certificate of Occupancy (CO) or final inspection to ensure the landscaping was installed properly and remains healthy. This surety shall be released at the end of two (2) years from the issuance of a final certificate of occupancy or final inspection date, if an inspection shows the landscaping remains healthy. All required landscaping shall be the responsibility of the property owner(s). All plants damaged by insects, disease, vehicular traffic, acts of God, or vandalism shall be replaced. (7-7-05; 4-21-16.) 356 Sec. 8-1012. - Maintenance. A. All plant material shall be tended and maintained in a healthy growing condition and free from refuse and debris at all times by the owner or his agent. All unhealthy, dying or dead plant materials shall be replaced within one (1) year. Screening and buffering structures, including fences, shall be maintained in a uniform, presentable and fully functioning condition. Failure to maintain required landscaping, screening and buffering improvements shall be considered a violation of the approved plans and provisions of this ordinance and shall be handled in accordance with subsection 1-10131, zoning ordinance violations. B. Tree topping and other forms of extreme crown reduction or unnatural shaping and pruning of trees required by this article shall be prohibited. trees required by this article shall be allowed to grow in a generally natural form. Pruning to remove a safety hazard, to remove dead or diseased materials, or to avoid overhead utility lines or reasonable, seasonal pruning recommended for maintaining growth shall be exempt from this prohibition. C. Trees eight (8) inches in diameter or less which are topped or damaged by excessive pruning shall be replaced with a large deciduous or evergreen tree as specified in section 8-1004. D. Trees greater than eight (8) inches in diameter which are topped or damaged by excessive pruning shall require a professional arborist to develop and carry out a corrective pruning schedule to be approved by the zoning administrator. 357 Sec. 8-2000. - Open space. Sec. 8-2001. - Requirements for open space. A. Open space and recreation shall be as set forth in the underlying zoning district. B. Developed open space shall be designed to provide active and passive recreational 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. D. The owner or developer, and his successors or assigns shall be responsible for maintaining all active or passive open space, common areas, and any improvements or facilities located thereon, required by this ordinance, except those areas, improvements or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. All such areas shall be properly maintained so that they can be used in the manner intended. Required vegetation and trees used for screening, landscaping, or shading are to be replaced if they die or are destroyed. (7-7- 05; 4-21-16.) The motion was adopted unanimously (4-0) with Supervisor Acree absent from the meeting. COUNTY ADMINISTRATOR'S REPORT Jamie Oliver, Transportation Planner, provided an update on the upcoming Federal project to add a 200 -foot right -turn lane at the intersection of Turner Drive and Benns Church Boulevard at a projected cost of $604,000 and which will be fully funded through grant reimbursement. Approval of a Smart Scale letter of support was requested. Supervisor Rosie moved that the Chairman be authorized to sign a Smart Scale letter of support. The motion was adopted unanimously (4-0) with Supervisor Acree absent from the meeting. The following individuals were recognized as recipients of Caught You Caring Awards for the Fourth Quarter of FY2017-18: Debra Frank; Amber Johnson; Gloria Spratley; Kay McKee; Virginia Branch; Julie Boswell; Linda Tuck; George lams; Caleb Hernandez; Steven Tate; Tyler Hytinen; Larry Noel; Gwaltney Edwards; Benjamin Faltz; Carlos Batten; Robert Flood; Kevin Godrey; Brian Freeman; Viki Mainwaring; Ellen Power; and, Teresa Frantz. Matters for the Board's information were highlighted by County Administrator Keaton. In anticipation of more than two Board members present at the Board's meeting tomorrow with the Department of Juvenile Justice, Supervisor Rosie moved to set 358 a special meeting for Friday, July 20, 2018 at 10:00 a.m. at the Isle of Wight Ruritan Club to begin the discussion process with the Department of Juvenile Justice regarding the potential location of the juvenile justice facility in the County. The motion was adopted unanimously (4-0) with Supervisor Acree absent from the meeting. UNFINISHED/OLD BUSINESS The issue of the Blackwater property was discussed with respect to whether or not to allow the Department of Game & Inland Fisheries to manage the property versus continuing to lease the property to the two hunt clubs that had prior leases and any others that meet the criteria that may match or exceed who wish to be considered. Supervisor McCarty spoke against leasing the property to the Department of Game & Inland Fisheries due to unknown safety issues by adjoining property owners. Supervisor Grice recommended the formation of a task force to review and return to the Board with a list of viable alternatives, including equestrian trails, in the spring of 2019. In the meantime, he suggested that the County continue to allow the hunt clubs to use the property until the Task Force makes its recommendations to the Board. County Attorney Popovich advised that a public hearing would be required if the Board chooses to lease the property to hunt clubs. Supervisor Rosie agreed that the formation of a task force would be beneficial as the property was purchased with the purpose in mind of future recreational development. He stated that this would be an excellent opportunity for the Boy Scouts to do projects involved with parking lots or the clearing of paths. Chairman Jefferson remarked that the property is County -owned and paid for by County taxpayers. He commented the property should not be used exclusively by hunt clubs and that a plan should be developed which makes this property available for use by all County residents. County Administrator Keaton commented that there is a provision in the lease that says the public can use the property even during the term of a lease. Supervisor McCarty moved to deny the authorization. The motion was adopted unanimously (4-0) with Supervisor Acree absent from the meeting. Supervisor McCarty moved to authorize a task force, not to exceed 12 members, to be organized by the Director of Parks & Recreation, to have a report back to the Board by March 1, 2019. The motion was adopted unanimously (4-0) with Supervisor Acree absent from the meeting. Supervisor McCarty moved to authorize a public hearing to release the Blackwater River property to the two hunt clubs that had prior leases and any others that 359 meet the criteria that may match or exceed who wish to be considered. The motion was adopted unanimously (4-0) with Supervisor Acree absent from the meeting. Supervisor Grice moved that the criteria be 51% or more of County residents. The motion was adopted unanimously (4-0) with Supervisor Acree absent from the meeting. NEW BUSINESS County Administrator Keaton advised that in 2002, the County, in conjunction with the Towns of Smithfield and Windsor established a joint emergency communications center and that the County is in the process of completing the 800 MH radio system which, for testing purposes, is anticipated to come online in the next month. He advised that the County is revising the Memorandum of Understanding for the operation of the Emergency Communications Center to include the radio system equipment. He stated the County's contribution, based on population and call volume, increased from 63% to 72%; the Town of Smithfield's contribution was reduced from 28% to 21.2%; and, the Town of Windsor's contribution was reduced from 8.5% to 6.8%. Supervisor McCarty moved to authorize execution of the revised Memorandum of Understanding for the operation of the Emergency Communications Center and radio system between the County, the Sheriff's Office and the Towns of Smithfield and Windsor. The motion was adopted unanimously (4-0) with Supervisor Acree absent from the meeting. On the matter of a loan agreement with the Town of Smithfield for its portion of the cost of the radio equipment, County Administrator Keaton explained that the County had borrowed the funds for the communications center and radio system, which included the purchase of the radios, with the understanding that the County would be reimbursed by the Towns of Smithfield and Windsor once their portions were determined. He advised that the Town of Windsor will cut a check to reimburse the County its share of $68,000; however, the Town of Smithfield's portion is $245,000 and will be included in a loan agreement. Supervisor McCarty moved to approve the loan agreement with the Town of Smithfield for its portion of the cost of the radio equipment. The motion was adopted unanimously (4-0) with Supervisor Acree absent from the meeting. ADJOURNMENT At 8:45 p.m., Chairman Jefferson declared the meeting adjourned. () 11 L�n TI L �4z CaNx Mi s Stoft, Clerk 360 &dT' op Rudolph Jefferson, Chairman