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
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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.
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(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.
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(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
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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.
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(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
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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.
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(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.
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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.
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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
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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
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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.
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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
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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:
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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:
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* 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
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* 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.
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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
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*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
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* 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
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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.
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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
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* 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
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* 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,
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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,
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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.)
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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
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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.
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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.
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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
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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
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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
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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.)
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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
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(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.
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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%).
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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.
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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;
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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
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* 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.)
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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:
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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;
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.)
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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b. No one other than permanent residents of the dwelling shall be
engaged or employed in such occupation.
c. There shall be no display or storage of goods or products visible from
the public right-of-way or adjacent property.
d. Lessons in the applied arts shall be permitted, provided the class size
for any lesson does not exceed five (5) students at any one (1) time.
e. Except in the RAC and RR districts, no commercial vehicles shall be
parked or stored on the premises associated with the home
occupation.
9. Specific standards for Type II home occupations.
a. Storage of goods or products shall not exceed ten 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
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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
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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
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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 -
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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.
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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.
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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.
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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.
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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:
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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
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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.
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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.
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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;
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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:
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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;
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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
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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.
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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.
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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.
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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.
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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.
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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:
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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:
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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
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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.
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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.
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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
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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
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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;
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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
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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:
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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.
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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.
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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.
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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.
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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:
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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;
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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
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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:
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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
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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.
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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
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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
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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.)
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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,
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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.
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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.
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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.
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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
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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 -
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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.
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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.)
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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.
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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
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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
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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.
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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
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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.
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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;
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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.)
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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.
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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
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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.
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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.
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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.
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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
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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
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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.
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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:
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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:
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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,
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.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
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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
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{1
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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
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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