07-18-2019 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 LOCATED AT 17090 MONUMENT CIRCLE, ISLE OF WIGHT,
VIRGINIA ON THURSDAY, THE EIGHTEENTH DAY OF JULY IN THE YEAR TWO
THOUSAND AND NINETEEN,
PRESENT:
William M. McCarty, Newport District, Chairman
Joel C. Acree, Windsor District, Vice -Chairman
Don G. Rosie, II, Carrsville District
Richard L. Grice, Smithfield District
Rudolph Jefferson, Hardy District
ALSO IN ATTENDANCE:
Robert W. Jones, Jr., County Attorney
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Carey M. Storm, Clerk
CALL TO ORDER
Chairman McCarty called the Board of Supervisors regular meeting to order at
5:00 p.m. and welcomed all present.
APPROVAL OF AGENDA
Supervisor Grice moved that a request from Smithfield Pop Warner be added to
the agenda under New Business. The motion was adopted by a vote of (5-0) with
Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the
motion and no Supervisors voting against the motion.
Chairman McCarty moved that a potential contractor's forum be added to the
agenda under New Business. The motion was adopted by a vote of (5-0) with
Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the
motion and no Supervisors voting against the motion.
Supervisor Acree moved that the agenda be adopted as amended. The motion
was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and
McCarty voting in favor of the motion and no Supervisors voting against the
motion.
CLOSED MEETING
The following matters were identified for discussion in closed meeting by County
Attorney Jones:
Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning a discussion
regarding the appointment of specific appointees to County boards, committees
or authorities; pursuant to Section 2.2-3711(A)(1) regarding discussion of the
performance of a specific County employee., namely the County Attorney;
pursuant to Section 2.2-3711(A)(1) regarding consultation with legal counsel
where briefing by staff pertaining to salaries and other compensation of specific
public officers, appointees, or employees, namely the Juvenile Court Clerk and
staff; pursuant to Section 2.2-3711(A)(3) regarding discussion of the leasing of
publicly held property where such discussion in open meeting would adversely
affect the bargaining position or negating strategy of the Board; and, pursuant to
Section 2.2-3711.(A)(8) regarding consultation with legal counsel employed by the
Board regarding specific legal issues regarding ending the opioid litigation.
Upon motion of Supervisor Rosie, the Board entered the closed meeting for the
reasons stated by Interim County Attorney Jones, which was adopted
unanimously (5-0).
Upon motion of Supervisor Jefferson, the Board reconvened into open meeting,
which was adopted unanimously (5-0).
Interim County Attorney Jones 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 Rosie, 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: Acree, Grice, Jefferson, McCarty and Rosie
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
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INVOCATION
Mason McCarty, Youth Pastor, Healing Water Worship Center, delivered the
invocation and led the Pledge of Allegiance to the American Flag.
CITIZENS' COMMENTS
Albert Burckard, on behalf of the Isle of Wight County Historical Society, thanked
the Board for partnering with the Isle of Wight County Historical Society on the
use of the old Circuit Court Clerk's office and for sponsoring and funding the
historic district applications for the Nike Park Missile site and the Isle of Wight
County Courthouse complex.
Herb DeGroft of Mill Swamp Road distributed a demographic membership report
dated September 28, 2018 by grade which revealed the same number of students
are enrolled in County schools in 2019 as in 2015. He addressed the subject of
school meal debt and spoke about a lack of transparency of the School Board.
Michael Uzzell of the Hardy District distributed a hand-written letter from him
and addressed to the Board transmitting a letter from Mark Mabey, Executive
Director of School Administration and Operations, Isle of Wight County Schools,
pertaining to his entering school -owned property without proper authorization
and informing him that he must follow proper procedures when requesting
information pertaining to the school division.
BOARD COMMENTS
Responsive to Supervisors Acree and Jefferson, County Administrator Keaton
offered to investigate and report back if the amount of food on one pass can be
limited and if monthly notifications are sent to parents.
CONSENT AGENDA
A. Resolution to Amend the FY2019-20 Operating Budget and Accept and
Appropriate Funds from the Virginia Commission for the Arts Creative
Communities Partnership Grant in the Amount of $4,500
B. Resolution to Accept and Appropriate A Litter Prevention Grant from the
Statewide Nonprofit Keep Virginia Beautiful in the Amount of $1,000
C. Resolution to Authorize the Submission of a Grant Application and to
Accept and Appropriate Grant Funds from the Virginia Department of
Criminal Justice Services in the amount of $102,523
D. Resolution to Amend the FY2019-20 Budget and Appropriate Funding to
Purchase a Fire Truck for the Rushmere Volunteer Fire Department in the
amount of $24,952
E. Minutes
May 2, 2019 Work Session Minutes
May 9, 2019 Special Meeting Minutes
May 16, 2019 Regular Meeting Minutes
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Supervisor Jefferson moved the Consent agenda be adopted. The motion was
adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and
McCarty voting in favor of the motion and no Supervisors voting against the
motion.
REGIONAL AND INTER -GOVERNMENTAL REPORTS
Supervisor Grice reported on a recent seminar attended by the consultant utilized
by the Hampton Roads Economic Development Authority.
County Administrator Keaton reported on items discussed at the most recent
meeting of the Hampton Roads Planning District Commission.
Supervisor Rosie welcomed the arrival of M&M Milling into the southern end of
the County.
Supervisor Acree reported on items discussed at the most recent meeting of the
Hampton Roads Transportation Planning Organization.
APPOINTMENTS
Supervisor Jefferson moved that Assistant County Administrator Robertson be
reappointed to serve on the Chamber of Commerce as the Ex -Officio. The motion
was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and
McCarty voting in favor of the motion and no Supervisors voting against the
motion.
Chairman McCarty moved to appoint Dick Grice, James Ford, County
Administrator Keaton (Alternate) and the Director of Economic Development
Director Chris Morello (Alternate) to serve on the' Eastern Virginia Regional
Industrial Facility Authority. The motion was adopted by a vote of (5-0) with
Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the
motion and no Supervisors voting against the motion.
COUNTY ATTORNEY'S REPORT
County Attorney Jones briefed the Board on recent legislation adopted by the
General Assembly requiring that all local elected officials take on-line training on
the provisions of the State and Local Government Conflict of Interests Act at least
once every two years. He advised that the DUI reimbursement needs updating in
the County's ordinance and he will bring that back to the Board for its
consideration at its August 1, 2019 work session.
PUBLIC HEARINGS
Proposed Revisions to the Following Articles of Appendix B, Zoning: Article I
(General Provisions), Article III (Use Types), Article IV (Zoning Districts and
Boundaries), Article V (Supplementary Use Regulations), Article VI (Overlay
Districts), Article IX (Signs), and Article X (Vehicle Parking Facilities)
Sandy Robinson, Zoning Administrator, highlighted the proposed revisions aimed
at providing clarification and bringing the County's ordinance into compliance
with the Code of Virginia.
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Chairman McCarty opened the public hearing and called for persons to speak in
favor of or in opposition to the proposed revisions.
No one appeared and spoke.
Chairman McCarty closed the public hearing and called for comments by the
Board.
Responsive to an inquiry from Supervisor Jefferson, County Attorney Jones
responded that a beehive cannot be located closer than ten feet to a public right-
of-way or property line of an adjoining property owner or closer than thirty feet
to another structure that does not belong to the beekeeper.
Supervisor Acree moved that the proposed Zoning Ordinances revisions be
adopted, as follows:
Amending and Reenacting the Following Articles of Appendix B,
Zoning: Article I (General Provisions), Article III (Use Types), Article IV
(Zoning Districts and Boundaries), Article V (Supplementary Use
Regulations), Article VI (Overlay Districts), Article IX (Signs), and
Article X (Vehicle Parking Facilities)
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 sections of the Articles of Appendix B, Zoning, of
the Isle of Wight County Code be amended and reenacted as follows:
Article I. - General Provisions.
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.
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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
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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.
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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 be prepared in accordance with
VDOT's Traffic Impact Analysis Regulations and Administrative
Guidelines and 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 or 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. A capital impact analysis prepared by County staff utilizing the capital
impact model which shall be updated annually. If the model is not
available, a fiscal impact analysis of the proposed development on the
county shall be required and 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.
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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.
I. 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; 7-19-18.)
Sec. 1-1016. - Conditional zoning.
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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.
Onsite proffer\ means a proffer addressing an impact within the boundaries
of the property to be developed and shall not include any 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.
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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 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.
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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 local 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; 7-19-18.)
Article III. - Use Types.
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.
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.
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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 use 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.
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
13
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
(singlewide) used temporarily during the construction, repair or renovation of a
permanent residential structure on a single lot or parcel.
Manufactured home park.\ 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; 7-19-
18.)
Urban beekeeping.\ Beekeeping on any residentially zoned property.
Beekeeping in the Rural Agricultural Conservation (RAC) District, and the Rural
Residential (RR) District, shall not be considered urban beekeeping.
Article IV. Zoning Districts and Boundaries.
Part 2A - Agritourism.
Sec. 4-2A003. - Agritourism activities.
A. The following criteria must be met in order for agritourism activities to be a
permitted use on a property:
1. The principal use of the property must be agriculture as defined by the
Ordinance;
2. Land used for agricultural use must consist of a minimum of five (5)
unimproved, contiguous acres and must be utilized for the bona fide
production of for sale crops, fruits, vegetables, ornamental plants
and/or livestock;
3. To qualify as agricultural use, the applicant shall certify that the real
estate is being used in a planned program of management, production,
and sale of field crops, livestock, livestock products, poultry, poultry
14
IV
1.
2
products, dairy, dairy products, aquacultural products,. or horticultural
products.
4. Horses can qualify the land only if they are being used for a breeding or
boarding business. Agritourism activities are not permitted on property
where horses are maintained exclusively for recreational purposes.
5. The Zoning Administer may request the following items in determining
eligibility for agritourism activities:
a. The assigned USDA/ASCS farm number;
b. Federal tax forms (1040F) Farm Expenses and Income, (4835)
Farm Rental Income and Expenses, or (1040E) Cash rent for
Agricultural land;
c. A conservation Farm Management prepared by a professional;
and
d. Evidence that gross sales averaged more than $1,000 annually
over the previous three years.
Where permitted, agritourism activities shall include, but not be limited to,
the following:
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.
Agricultural, farm stay, provided:
(i) This use offers short-term lodging rooms and meals for paying guests
looking for a rural experience on a working farm or ranch containing a
minimum of ten (10) acres. For the purposes of this section, the term
working farm shall require that the property owner or farm operator:
a. Reside on the premises where the farm stay occurs; and
b. Is actively engaged in land use devoted to the production of food
and fiber, including horticulture, hydroponics, cultivation of field
crops, nurseries, orchards, viticulture, livestock operations, dairy
farms or other similar use as determined by the zoning
administrator;
(ii) Lodging accommodations may be offered in the farm house occupied
by the owner/operator, or an accessory structure or converted farm
building, like barns, silos, chicken houses, meeting the requirements
for residential occupancy.
a. A recreational vehicle may also be used for a farm stay provided
that no more than one (1) recreational vehicle be allowed on the
property at one time, and provided that sewage waste disposal is
accommodated in accordance with the Virginia Department of
Health or by the use of bathroom facilities made accessible to
guests in the farm house or other approved facilities.
b. Camping tents may also be used for a farm stay provided that no
more than three (3) be accommodated at one time and sewage
waste disposal is accommodated by the use of portable toilets or
15
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, provided:
(i) Events shall be permitted up to twelve (12) times per year. For
purposes of this section, a temporary event is an event conducted on a
single day for which attendance is allowed only by invitation or
reservation up to two hundred (200) persons and for which there is no
individual admission fee are charged. Temporary events include, but
are not limited to, meetings, conferences, banquets, dinners, wedding
receptions, private parties, and other similar events. A conditional use
permit may authorize the number of temporary events to exceed
twelve (12) per year, or the number of allowed participants at any
event to exceed two hundred (200) or more, or both.
(ii) No event shall last later than 12:30 a.m.
(iii) Adequate bathroom facilities are provided.
10. Farm winery, where:
(i) Agricultural products of the winery are derived from crops grown
primarily on site for at least three (3) of the immediately preceding
five (5) years.
(ii) The area for wine tasting and accessory food sales does not exceed
twenty-five 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
16
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; 7-19-18; 11-15-18.)
Article V. - Supplementary Use Regulations.
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.
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.
e. Shipping containers may be used as residential, commercial and
industrial accessory structures subject to the criteria in subsection 5-
50061
B. Accessory uses and structures not permitted prior to principal uses or
structures. No accessory use or structure shall be permitted on a lot unless
the principal use or structure is in existence previously or until construction of
the principal structure is initiated.
1. Exceptions:
a. 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
17
does not exceed two hundred fifty-six (256) square feet and the structure
meets the following criteria:
i. The building eave height is ten (10) feet or less.
ii. The maximum height from the finished floor level to grade does not
exceed eighteen (18) inches.
iii. 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.
iv. The structure is anchored to withstand wind loads as required by the
Virginia Construction Code.
v. 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.
vi. 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.
b. A fence of no more than four feet in height subject to all other applicable
supplementary use criteria in 5-2000.G may be allowed on a vacant lot in
a residential zoning district.
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
twenty-five percent (125%) 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.
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
ILLI
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%2) 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.
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.
L 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.
1017
iii. The fence shall riot 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, public safety facility, 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
21
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.
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.
22
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.
0. Sight triangles.
1. To promote visibility for pedestrians and the operators of motor vehicles,
a clear sight triangle shall be established at the intersecting rights-of-way
of any two (2) streets. The legs of this sight triangle shall be twenty-five
(25) feet in length. They shall begin at the point of intersection of the two
(2) street rights-of-way, and shall extend twenty-five (25) feet along each
right-of-way line. The triangle shall be formed by connecting the
endpoints of these two (2) lines.
2. Landscape plantings or other objects constructed, placed, or permanently
parked within the sight triangle of roadway or driveway intersections shall
conform to Virginia Department of Transportation guidelines for height.
This shall not apply to fire hydrants.
P. Widening of public rights-of-way and roads...... Whenever there shall be
plans or other official documents in existence, approved by either the Virginia
Department of Transportation, the Commonwealth Transportation Board, or
the board of supervisors which provides for proposed relocation or widening
of any public right-of-way, road, or street, the board may require additional
yard setbacks for any new construction or for any structures altered or
remodeled adjacent to the future planned right-of-way, in order to preserve
and protect the land area needed for such proposed public right-of-way, road,
or street widening. No structure or part of a structure shall be permitted to be
erected within the lines of such proposed public street or highway and all
setbacks 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.
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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; 7-19-18.)
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.
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.
[b. Reserved.]
c. Apartment size.
L 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 percent
(50%) 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.
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13
C.
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.
d. Maximum number of bedrooms...... No more than two (2) bedrooms
are permitted in an accessory apartment.
e. Maximum number of accessory apartments...... No more than one
(1) accessory apartment is permitted per commercial use.
f. Exterior appearance.
i. The entry to the apartment shall be located on the side or rear of
the commercial unit, and the building design shall maintain its
commercial character and appearance.
ii. No accessory apartment shall be attached to a commercial unit by
open walkways, breezeways, patios, decks, etc.
g. Water and sewer service. ..... Approval of the water supply and
sewage disposal shall be obtained from the Isle of Wight County
Department of Health or the department of public utilities.
h. Parking...... Parking for the apartment must be located to the rear or
side of the commercial unit. Each apartment must be provided one
and one-half (1.5) parking spaces in addition to what is required for
the commercial use.
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.
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
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planning commission, may vary area and setback requirements for
existing facilities, provided that alternative methods of protecting
adjoining properties are required as conditions of the conditional use
permit.
3. Community recreational facilities may be owned and operated by a
homeowner's association or a private or public entity.
4. All outdoor recreational playfields, grounds and facilities and associated
fences or enclosures shall conform to the required front and corner side
yard building setbacks of the underlying zoning district.
5. Recreational structures for indoor recreation shall meet the required
setbacks of the underlying zoning district for a primary use.
6. Pedestrian access to community recreational areas shall be provided
throughout the entire development.
7. Entrances for vehicular access must be provided in accordance with
requirements of the Virginia Department of Transportation, and shall be
located at least fifteen (15) feet from any recreational use on the lot and
from exterior lot lines.
8. Vehicular parking shall be in accordance with the requirements of this
ordinance and shall not be designed as to require or encourage cars to
back into a street.
a. A reduction of up to twenty-five 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.
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b. Conversions into three (3) dwelling units shall require at least two
hundred percent (200%) 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.
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.
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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.
8. Exterior appearance...... The design of a guest house shall maintain and
enhance the character and exterior appearance of the primary dwelling.
9. Water and sewer service...... Approval of the water supply and sewage
disposal shall be obtained from the Isle of Wight County Health
Department or the Isle of Wight County Department of Public Utilities.
I. Home occupation, Type I and Type II.
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
• 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
mm
• 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
• 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
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C'I
7.
• 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
General requirements for all home occupations...... All home occupations
shall follow the requirements set forth in subsections 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.
General standards for all home occupations.
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.
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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.
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.
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c. A zoning permit shall not be issued for a gunsmith home occupation
until the following procedure has been completed:
L The zoning administrator is to send written notification by
certified letter to the last known address of each adjacent
property owner advising them of the proposed gunsmith home
occupation and informing them that the permit may be issued if
written comments are not received within thirty (30) days. The
property shall also be posted with a sign pursuant to section 1-
1021 for no less than fourteen (14) days prior to the expiration of
the thirty -day period.
ii. If the zoning administrator receives no written objection from any
property owner so notified within thirty (30) days of the date of
sending the notification letter, and the zoning administrator
determines that the proposed gunsmith home occupation
otherwise complies with the zoning ordinance, the zoning
administrator may issue a zoning permit for the gunsmith home
occupation.
iii. If the zoning administrator receives written objection from any
property owner so notified within thirty (30) days of the date of
sending the notification letter, then the zoning administrator may
not issue a zoning permit unless and until such time as a
conditional use permit for the proposed gunsmith home
occupation is approved by the board of supervisors with a
recommendation by the planning commission.
J. Kennel, private...... A private kennel shall be located fifty (50) feet from any
property zoned other than RAC or RR.
K. Manufactured home, Class A...... A manufactured home, Class A may be
permanently located on a lot or parcel as permitted by the underlying district,
except in planned development manufactured home parks. For the purposes
of this section, the following shall apply:
1. The manufactured home is the only residential structure located on the
lot or parcel;
2. The manufactured home has a width of nineteen (19) or more feet;
3. The pitch of the home's roof has a minimum vertical rise of one (1) foot
for each five (5) feet of horizontal run, and the roof is finished with a type
of shingle that is commonly used in standard residential construction;
4. The exterior siding consists of materials comparable in composition,
appearance, and usability to the exterior siding commonly used in
standard residential construction;
5. The manufactured home is constructed on a permanent footing that
meets the requirements of the building code. The foundation wall 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:
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a. The manufactured home is the only residential structure located on
the lot or parcel.
b. The manufactured home is constructed on a permanent footing that
meets the requirements of the building code. Skirting may be
permitted around the perimeter of the foundation.
C. The tongue, axles, transporting lights, and towing apparatus are
removed after placement on the lot and before occupancy.
M. Manufactured home, family member residence...... A manufactured home,
Class B, located on the same lot or parcel as a primary dwelling may be
allowed as an accessory use in accordance with the provisions of the
underlying zoning district. For the purposes of this section, the following shall
apply:
1. The manufactured home shall be occupied solely by a specified family
member or members, related to the occupants of the primary residence
on the property.
a.• The owner of the lot or parcel must occupy the primary dwelling.
b. A family member manufactured home shall not be permitted prior to
the construction and occupancy of the primary dwelling.
c. The manufactured home shall be removed not later than ninety (90)
days after no longer being occupied by the specified occupants.
2. The minimum lot size for a primary residence with a family member
manufactured home shall be one hundred fifty 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
33
approved by the board of supervisors with a recommendation by the
planning commission.
N. Manufactured home, temporary residence...... A manufactured home, Class
B may be allowed as a temporary residence during the construction, repair, or
renovation of a permanent residential structure on a single lot or parcel
subject to the following:
1. All permits for temporary residences, while repairing a permanent
residence shall expire within one (1) year after the date of issuance. No
extension shall be considered unless substantial construction has been
initiated on the permanent residence. One (1) extension not exceeding
ninety (90) days may be granted by the zoning administrator if it is
determined that such additional time is required to reasonably complete
the construction, repair or renovation of the permanent residence.
2. All permits issued for temporary residence while constructing a new
replacement residence shall expire within two (2) years after the date of
issuance. No extension shall be considered unless substantial construction
has been initiated on the replacement residence. One (1) extension not
exceeding ninety (90) days may be granted by the zoning administrator if
it is determined that such additional time is required to reasonably
complete the construction, repair or renovation of the replacement
residence.
3. All temporary manufactured homes must be removed at least thirty (30)
days after a final certificate of occupancy has been issued.
4. Only one (1) temporary manufactured home is allowed per parcel.
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 frontage: ..... One hundred (100) feet in continuous
frontage.
ii. Minimum lot depth:..... One hundred (100) feet.
iii. Minimum setbacks:
Front: Thirty (30) feet.
Side: Fifteen (15) feet.
Rear: Twenty (20) feet.
3. Buffers and special setback requirements.
a. An additional setback of one (1) foot for each one (1) foot of height in
excess of thirty-five (35) feet shall be required from all public streets
and any property line adjacent to single-family residential districts or
property used for single family dwellings. No parking or refuse
containers should be located within the required setback area
between single family and multifamily.
b. The minimum distance between multifamily structures shall be no less
than the height of the taller of the two (2) adjacent structures.
4. Maximum density: Fourteen (14) dwelling units per acre.
34
5. Lot coverage:..... The maximum lot coverage shall be sixty (60) percent of
the total tract area.
6. Open space:
a. A minimum of seven hundred and fifty (750) square feet per unit shall
be maintained as open space. This required open space shall not be
devoted to service driveways, off-street parking, or loading spaces.
b. Each such recreational space shall be at least fifty (50) feet in the least
dimension.
7. [Multifamily apartments:] ..... Multifamily apartments shall be provided
with public water and public sewerage systems constructed in accordance
with county standards and specifications for such systems and be
approved by all appropriate agencies.
8. [Private streets:] ..... Private streets shall meet the design, material and
construction standards established by the Virginia Department of
Transportation. A maintenance plan shall be prepared and submitted as
part of the site development plan approval process.
9. Landscaping: ..... For the purpose of landscaping, multifamily dwellings
shall be treated as a commercial use type and required to submit a
landscaping plan meeting all of the guidelines and specifications of article
VIII pertaining to such use types.
10. 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 final site plan
or construction plan approval.
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.
11. 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.
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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.
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.
i. 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
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of the Commonwealth of Virginia, or the President of the United
States in accordance with applicable state and federal law.
b.. A zoning permit shall be obtained before temporary emergency
housing can be placed on the property.
C. All zoning requirements, including setback requirements, may be
waived as determined to be necessary by the zoning administrator.
d. The period for temporary placement of such structures shall be no
more than twelve (12) months, unless an extension is specifically
authorized by the board of supervisors for an additional period of time
to be set by the board.
e. No action under these provisions shall authorize permanent
improvements or establishing a use in violation of this ordinance or
any other law.
3. Temporary emergency housing, used during reconstruction or
replacement of an uninhabitable dwelling lost or destroyed by fire, flood,
or other unforeseen and sudden acts of nature.
a. The zoning administrator may authorize the emergency use of a
temporary emergency housing on a lot, if the building official certifies
that the permanent dwelling on the lot is uninhabitable.
b. Only one (1) temporary emergency housing unit shall be permitted on
any lot of record. It shall be located on the same lot as the destroyed
dwelling, and must be occupied only by the person, persons, or family,
whose dwelling was destroyed.
c. The temporary emergency housing shall meet all setback and yard
requirements for the district in which it is located. It shall be anchored
and stabilized in accordance with the provisions of the Virginia
Uniform Statewide Building Code.
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. Maximum density: Fourteen (14) dwelling units per acre.
2. Townhouse developments:
a. Each parcel utilized for townhouse development shall have a minimum
frontage of at least one hundred (100) feet upon a public street and
shall have a minimum depth of not less than one hundred (100) feet.
b. The maximum lot coverage shall be sixty (60) percent of the total tract
area.
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.
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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.
4. Yard requirements:
a. Front yards...... The front yard of a townhouse lot which fronts on a
public or private street shall be twenty (20) feet.
b. Side yards...... Side yards shall be required only for end unit lots of a
townhouse structure and shall be ten (10) feet in width, except that a
side yard adjacent to a public or private street, or adjacent to the
property line of the townhouse development shall meet the required
minimum front yard setback.
c. Rear yards...... A rear yard of twenty (20) feet shall be provided for
each townhouse lot.
5. Building requirements and relationship:
a. Dwelling units per townhouse structure and length of structure......
No more than ten (10) dwelling units shall be contained in a
townhouse structure with entire structure not to exceed 300 feet in
length.
b'. Setback between buildings. The minimum distance between any
two (2) unattached townhouse structures shall be thirty (30 feet. The
setback shall be increased to fifty (50) 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.
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.
6. [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.
7. Utilities—Water and sewage systems:
a. Townhouses shall provide public 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.
8. [Private streets:] ..... Private streets shall meet the design, material and
construction standards established by the Virginia Department of
Transportation. A maintenance plan shall be prepared and submitted as
part of the site development plan approval process.
9. Open space:..... A minimum of seven hundred and fifty (750) square feet
per unit of open space shall be maintained as open space. This required
open space shall not be devoted to service driveways, off-street parking,
or loading spaces.
10. 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.
11. 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 final site plan
or construction plan approval.
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.
12. Architectural treatment:..... The following architectural treatments shall
be incorporated into all townhouse developments:
a. Townhouse rows shall avoid monotonous facades and bulky masses.
No more than two (2) consecutive units shall have the same fagade
plane, and no more than 50% of the units in any building shall have
the same fagade plane.
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.
d. Garages shall not protrude beyond the farthest wall of the residential
building on the same side.
e. 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.
f. 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.)
S. Urban Beekeeping. Urban beekeeping shall be subject to the following:
1. Districts permitted. Urban beekeeping shall be permitted in the following
zoning districts: Village center (VC), neighborhood conservation (NC),
9M
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.
2. It shall be unlawful for any person to keep, place, or allow a beehive to
remain:
a. Closer than ten (10) feet to a public right-of-way or to the property line
of adjoining property not owned by the person maintaining the beehive;
or
b. Closer than thirty (30) feet to any structure other than the structure of
the person maintaining the beehive.
3. All hives shall be oriented with the entrance facing away from the adjacent
property or public right-of-way.
4. The hive and all related materials may only be located within the rear yard
of the property.
5. For any beehive placed less than ten (10) feet above ground level and
within thirty (30) feet of any property line adjoining a residential property
or public right-of-way, a barrier of sufficient density to establish bee
flyways above head height must separate the beehive from such property
line or public right-of-way. The barrier may be constructed of fencing or
evergreen vegetation or a combination of the two. The barrier must be no
less than six (6) feet in height and extend no less than ten (10) feet in length
on either side of beehive.
6. For any beehive located at least ten (10) feet above ground level the hive
shall be located a minimum of five (5) feet from the side of the structure
and thirty (30) feet from any structure other than a structure of the person
maintaining the beehive.
7. The beekeeper shall conspicuously post a sign warning individuals of the
presence of bees. This sign shall include the property owner's name and a
telephone number at which the beekeeper can be reached in case of
emergency.
8. Each beekeeper shall ensure that no wax comb or other material that might
encourage robbing by other bees are left upon the grounds of the apiary
lot. Such materials once removed from the site shall be handled and stored
in sealed containers or placed within a building or other insect -proof
container.
9. Each beekeeper shall maintain his beekeeping equipment in good
condition, including keeping the hives painted if they have been painted but
are peeling or flaking, and securing unused equipment from weather,
potential theft or vandalism and occupancy by swarms. It shall not be a
defense to this section that a beekeeper's unused equipment attracted a
swarm and that the beekeeper is not intentionally keeping bees.
10. No person is permitted to keep more than the following numbers of
colonies on any lot, based upon the size or configuration of the apiary lot:
a. Two (2) colonies on lots one half (1/2) acre or smaller;
b. Four (4) colonies on lots larger than one half (1/2) acre but smaller
than 3/4 acre;
c. Six (6) colonies on lots larger than 3/4 acre but smaller than one (1)
acre;
d. Eight (8) colonies on lots of one (1) acre but smaller than five (5)
acres;
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e. No restrictions for lots larger than five (5) acres.
11. If the beekeeper serves the community by removing a swarm or swarms
of honey bees from locations where they are not desired, the beekeeper
shall not be considered in violation of the portion of this ordinance limiting
the number of colonies if he temporarily houses the swarm on the apiary
lot in compliance with the standards of practice set out in this section for
no more than thirty (30) days from the date acquired.
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
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. In addition, cemeteries shall
comply with all state regulations, including setbacks from residential uses
and public water supplies.
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
Distance from Cemetery
Class 3A or deep well
Minimum 50 feet
` Class 3B well
Minimum 50 feet
Class 3C or a shallow well
Minimum 100 feet
Class 4 well
Minimum 100 feet
CSI
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
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.
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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.
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.
I. 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.
43
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.
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 so
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.
i. 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;
45
3.
GI
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.
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; 7-19-18.)
An owner, lessee, or developer of real property shall enter into a written
agreement to decommission solar energy equipment, facilities, or devices
upon the following terms and conditions:
a. if the party that enters into such written agreement with the County
defaults in the obligation to decommission such equipment, facilities, or
devices in the timeframe set out in such agreement, the locality has the
right to enter the real property of the record title owner of such
property without further consent of such owner and to engage in
decommissioning; and
b. such owner, lessee, or developer shall provide financial assurance of
such performance to the County in the form of certified funds, cash
escrow, bond, letter of credit, or parent guarantee, based upon an
estimate of a professional engineer licensed in the Commonwealth, who
is engaged by the applicant, with experience in preparing
decommissioning estimates and approved by the County; such estimate
shall not exceed the total of the projected cost of decommissioning,
which may include the net salvage value of such equipment, facilities, or
devices, plus a reasonable allowance for estimated administrative costs
related to a default of the owner, lessee, or developer, and an annual
inflation factor.
.o
Article VI. Overlay Districts.
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
subject to review and approval by the Zoning Administrator.
b. When more than twenty-five percent (25%) 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.
47
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
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.
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; 7-19-18.)
Article IX. - Signs.
Sec. 9-1006. - Permitted signs.
A. Temporary signs...... Each nonresidential or nonagricultural establishment
shall be allowed the following temporary signage.
1. Feather sign(s), up to two (2) feather signs, with or without advertising,
up to thirty-two (32) square feet in size, subject to the following criteria:
a.Each feather sign(s) may be placed for a period of no more than
thirty (30) days, and no additional feather sign(s) shall be placed for
a period of thirty (30) days from removal of the previous feather
sign(s).
b. All feather sign(s) shall be placed a minimum of ten (10) feet from
the right-of-way, outside any sight triangle, and shall not impair the
visibility of any traffic control sign.
2. Temporary sign(s), one (1) temporary sign, up to thirty-two (32) square
feet in size, subject to the following criteria:
a.A temporary sign may be placed for a period of no more than thirty
(30) days, and no additional temporary sign shall be placed for a
Nie]
period of thirty (30) days from removal of the previous temporary
sign.
b. All temporary signs shall be placed a minimum of ten (10) feet from
the right-of-way, outside any sight triangle, and shall not impair the
visibility of any traffic control sign.
c. No temporary sign shall be hung between or from a freestanding
sign, site lighting, trees, utility poles,,or the like.
3. Banners, allowed one (1) banner, up to twenty-four (24) square feet in
size, subject to the following criteria:
a.A banner may be placed for a period of no more than thirty (30) days.
b. Each unit placing a banner shall not place another banner for a
period of thirty (30) days from removal of a previously placed
banner.
c.A banner shall be displayed by being securely affixed to a building
wall, window, or permanent structure.
d. No banner shall be hung between a freestanding sign, site lighting,
trees, utility poles, or the like.
4. On any property with a shopping center as defined in article ll, the
following additional criteria shall apply:
a. Additional criteria.
i. The number of signs shall be based on the building size of the
shopping center as follows:
(a) Twenty-five thousand (25,000) square feet or less - Three (3)
temporary signs with a minimum of twenty (20) feet of
separation between signs.
(b) Twenty-five thousand and one (25,001) to fifty thousand
(50,000) square feet - Four (4) temporary signs with a
minimum of twenty-five (25) feet of separation between signs.
(c) Fifty thousand and one (50,001) to one hundred thousand
(100,000) square feet - Five (5) temporary signs with a
minimum of thirty (30) feet of separation between signs.
(d) One hundred thousand (100,000) square feet and above - Six
(6) temporary signs with a minimum of thirty-five (35) feet of
separation between signs.
ii. Any feather signs, temporary signs, or banners found to be in
violation of the requirements of this section shall result in the
following penalties:
(a) Immediate removal of the violating sign by the county.
(b) Loss of privileges to display feather signs, temporary signs, or
banners for a period of four (4) months for a first violation, six
(6) months for a second violation, and one (1) year for any
subsequent violations.
B. Wall signs. ..... Each nonresidential establishment, except for planned
developments, home occupations, and shopping centers, regulated
separately, shall be allowed to erect one (1) or more wall signs so long as such
signs shall be limited to not more than ten (10) percent of the area of the wall
with road frontage on a public street or highway, or two hundred (200) square
feet, whichever is less, and shall meet the following standards:
1. All signage on an individual parcel shall utilize a coordinated and cohesive
design for all lettering and logos, colors, sizes, fonts, and images.
51
C
2. In the village center district, nonresidential establishments shall be
limited to a total of one (1) wall sign, limited to not more than five (5)
percent of the area of wall fronting or facing a public street or highway or
sixteen (16) square feet, whichever is less.
3. In the case of mixed-use buildings which are not shopping centers, each
building shall be allowed a total of one (1) wall sign attached to an exterior
wall. Such sign shall be limited to not more than ten (10) percent of the
area of the wall it is attached to or forty (40) square feet, whichever is
less.
4. Each establishment or, in the case of mixed use buildings which are not
shopping centers, each building is allowed one (1) projecting sign in lieu of
one (1) wall sign, which meets the following standards:
a. Each projecting sign shall be limited to not more than ten (10) percent
of the area of the wall fronting or facing a public street or highway, or
forty (40) square feet in size, whichever is less.
b. Nonresidential establishments in the village center district shall be
limited to six (6) square feet in size, or less.
c. All projecting signs shall be mounted such that the bottom of the sign is
a minimum of eight (8) feet above grade.
d. No projecting sign shall extend more than forty-eight (48) inches from
the building or structure it is attached to.
5. Canopy or awning signs shall be allowed in addition to the one (1) wall
sign or one (1) projecting sign, provided that the total sign square footage
for the nonresidential establishment does not exceed the maximum
allowed by this section. The area of canopy or awning signs shall be
calculated as specified in section 9-1007.
6. Canopies or awnings used for building accents over doors, windows, etc.
shall not be internally lit (i.e., from underneath or behind the canopy or
awning). Canopies or awnings containing lighting fixtures that illuminate
only items below the canopy or awning, but not the canopy or awning
itself, shall be permitted.
Freestanding signs. Each nonresidential establishment, except for
planned developments, home occupations, and shopping centers, regulated
separately, shall be allowed a total of one (1) freestanding sign per lot or
parcel which must meet one (1) of the design options below.
1. Design options.
a. One (1) freestanding sign, limited to no more than sixteen (16) square
feet in size and a maximum of six (6) feet in height, and meeting the
following setbacks:
i. Where the right-of-way is greater than or equal to fifty (50) feet,
the minimum setback is five (5) feet from the edge of the right-of-
way.
ii. Where the right-of-way is less than fifty (50) feet, the minimum
setback is thirty (30) feet from the centerline of the road.
b. One (1) freestanding sign, limited to no more than thirty-two (32)
square feet in size and a maximum of six (6) feet in height, and
meeting the following setbacks:
i. Where the right-of-way is greater than or equal to fifty (50) feet, the
minimum setback is fifteen (15) feet from the edge of the right-of-
way.
52
ii. Where the right-of-way is less than fifty (50) feet, the minimum
setback is forty (40) feet from the edge of the centerline of the
road.
c. One (1) freestanding sign, limited to no more than fifty (50) square feet
in size and a maximum of eight (8) feet in height, and meeting the
following setbacks:
L Where the right-of-way is greater than or equal to fifty (50) feet, the
minimum setback is thirty-five (35) feet from the edge of the right-
of-way.
ii. Where the right-of-way is less than fifty (50) feet, the minimum
setback is sixty (60) feet from the centerline of the road.
d. Freestanding signs for establishments located in the HCO or the NDSO
districts shall meet the following additional construction standards:
L Establishments with a building area of ten thousand (10,000) square
feet or less may construct either a monument -type sign as
specified in subsection 9-1006.0 or a double -post sign as specified
in subsection 9-1006.C.
ii. Establishments with a building area greater than ten thousand
(10,000) square feet shall construct a monument- type sign as
specified in subsection 9-1006.C.
2. Construction standards for freestanding signs.
a. The street address number must be displayed on all permanent
freestanding signs in accordance with the following criteria:
i. Numbers used to display the street address shall meet the
minimum height requirements specified in section 14.1-15 of the
Isle of Wight County Code.
ii. Street address numbers shall be visible from each direction of
traffic flow along the street to which the property is addressed.
iii. Street address numbers shall be excluded from sign area
computation.
b. All freestanding signs, shall comply with the following standards:
L Monument -type signs.
(a) The width of the base of the sign shall be equal to or greater
than the width of the sign face.
(b) The height of the base of the sign shall be less than or equal
to the height of the sign face.
(c) The total height of the sign, including the base, shall be less
than the width of the base.
(d) Sign shall be masonry, wood, high density urethane (HDU), or
composite panel made from natural and recycled materials
which are designed to simulate wood.
(e) Materials, colors, and shapes of proposed signs shall be
compatible with the related building(s) located on the site and
signs and buildings on adjacent and nearby properties.
(f) Shrubs, flowers, or other landscaping materials which do not
obscure the sign face shall be incorporated into the sign
installation area.
(g) Signs shall be sufficiently visible from street rights-of-way so
that the site entrances can be readily identified by both
pedestrians and persons in vehicles.
53
(h) Color schemes shall be subtle and the majority of the sign
structure shall be limited to earth tones or historic palettes
which have been specifically identified for the area.
(i) All signage on an individual parcel shall utilize a coordinated
and cohesive design for all lettering and logos, colors, sizes,
fonts, and images and shall all be constructed utilizing the
same materials.
ii. Double -post signs.
(a) The sign structure shall consist of two (2) mounting posts, set
at least seventy-five (75) percent of the total sign length apart.
(b) Mounting posts shall be a minimum size of four -inch by four -
inch or five -inch diameter.
(c) Total sign structure height shall not exceed six (6) feet.
(d) Sign shall be wood, high density urethane (HDU), or
composite panel made from natural and recycled materials
which are designed to simulate wood.
(e) Materials, colors, and shapes of proposed signs shall be
compatible with the related building(s) located on the site and
signs and buildings on adjacent and nearby properties.
(f) Sign face shall be a minimum of one and one-half (1%) inches
thick.
(g) Shrubs, flowers, or other landscaping materials which do not
obscure the sign face shall be incorporated into the sign
installation area.
(h) Signs shall be sufficiently visible from street rights-of-way so
that the site entrances can be readily identified by both
pedestrians and persons in vehicles.
(i) Color schemes shall be subtle and the majority of the sign
structure shall be limited to earth tones or historic palettes
which have been specifically identified for the area.
(j) All signage on an individual parcel shall utilize a coordinated
and cohesive design for all lettering and logos, colors, sizes,
fonts, and images and shall all be constructed utilizing the
same materials.
iii. Single -post signs.
(a) Single -post signs may be utilized in RAC, RR, and VC districts,
or for historical markers in any district.
(b) Sign structure shall be a single, vertical mounting pole.
(c) Sign face shall not be attached directly to the vertical
mounting pole and shall utilize a mounting arm attached
perpendicular to the vertical mounting pole.
(d) Signs shall not exceed eight (8) feet in height.
(e) Sign area shall not exceed four (4) square feet.
(f) Signs shall be sufficiently visible from street rights-of-way so
that the site entrances can be readily identified by both
pedestrians and persons in vehicles.
(g) Color schemes shall be subtle and the majority of the sign
structure shall be limited to earth tones or historic palettes
which have been specifically identified for the area.
54
(h) All signage on an individual parcel shall utilize a coordinated
and cohesive design for all lettering and logos, colors, sizes,
fonts, and images and shall all be constructed utilizing the
same materials.
D. Planned developments.
1. Planned developments shall meet the standards and guidelines of section
9-1006 unless a master signage plan is submitted and approved by the
board of supervisors as part of the master development plan specific to
the project. A master signage plan submittal shall include the following
information:
a. A site layout which identifies all freestanding signage locations,
including any directional signage. This layout shall include proposed
dimensions to the right-of-way and property lines, and the proposed
square footage of signage including proposed height and width
dimension allowances.
b. Proposed building elevations which identify all facade signage
locations. These elevations shall include the proposed square footage
of signage including proposed height, width, and area dimension
allowances. If proposed elevations are not available the proposed
square footage of signage including proposed height, width, and area
dimension allowances on a per unit or per building basis shall be
specified.
C. Information on the proposed permitted colors, materials, lighting,
landscaping, and any other information the zoning administrator or
his/her designee may deem necessary for all signage.
2. In the case of a master signage plan for the parcel(s), changes which do
not have a significant impact on the architectural character or overall
quality of the development may be approved by the zoning administrator
as a minor modification. Minor modifications may include, but are not
limited to:
a. Increase in the total allowable sign square footage for each parcel by
less than ten (10) percent.
b. Changes to the sign design standards such as allowing additional
colors, construction materials, or mounting fixture styles.
3. In the case of a master signage plan for the parcel(s), changes which are
deemed by the zoning administrator to have a significant impact on the
architectural character or overall quality of the development shall be
considered a major modification, requiring approval of a master plan
amendment by the planning commission and board of supervisors.
E. Home occupations.
1. Home occupations are allowed one (1) freestanding sign per parcel,
limited to no more than four (4) square feet in size and four (4) feet in
height and meeting the following setbacks:
a. Where the right-of-way is greater than or equal to fifty (50) feet, the
minimum setback is five (5) feet from the edge of right-of-way.
b. Where the right-of-way is less than fifty (50) feet, the minimum
setback is thirty (30) feet from the centerline of the road.
2. Home occupation signs shall not be illuminated.
F. Shopping centers.
55
1. All signage within or related to the shopping center shall utilize a
coordinated and cohesive design for all lettering and logo colors, sizes,
fonts, and images, and freestanding signage shall all be constructed
utilizing the same materials.
2. Individual establishments within a shopping center shall each be allowed
one (1) facade identification sign which does not exceed ten (10) percent
of the area of the wall frontage dedicated to that establishment.
3. In lieu of a facade identification sign, individual establishments within a
shopping center shall each be allowed one (1) projecting sign which does
not exceed ten (10) percent of the area of the wall frontage dedicated to
that establishment or twelve (12) square feet, whichever is less.
a. Projecting signs utilized in the village center district shall be limited to
six (6) square feet in size.
b. All projecting signs shall be mounted such that the bottom of the sign
is at least eight (8) feet above grade.
4. Shopping centers shall be allowed one (1) freestanding identification sign
per public road frontage, each limited to no more than fifty (50) square
feet in size and eight (8) feet in height and meeting the following setbacks:
a. Where the right-of-way is greater than or equal to fifty (50) feet, the
minimum setback is thirty-five (35) feet from the edge of right-of-way.
b. Where the right-of-way is less than fifty (50) feet, the minimum
setback is sixty (60) feet from the centerline of the road.
5. Freestanding signs for shopping centers shall meet the construction
standards as specified in subsection 9-1006.C.
6. Freestanding signs for shopping centers which include more than one (1)
name or logo on the sign face shall utilize a coordinated and cohesive
design for all lettering and logos, colors, sizes, fonts, and images installed
on the sign.
7. Out parcels platted as part of a shopping center shall be allowed one (1)
facade sign per establishment, not to exceed ten (10) percent of the area
of the wall facing a public street. In addition, out parcels platted as part of
a shopping center shall be allowed one (1) individual freestanding sign as
specified in this article.
8. Individual establishments which are located on the same parcel but which
are not part of a platted shopping center shall be permitted one (1)
combined freestanding sign which meets the design options and
construction standards of subsection 9-1006.C.
G. Directional signage.
1. Civic, office, commercial, and industrial use types, as defined in article III,
shall be allowed one (1) freestanding directional sign per building
entrance, not to exceed four (4) signs per parcel. Directional signage
which is exempt per section 9-1004 shall not be included in the total
number of signs calculation.
2. Directional signage shall meet the construction and design standards in
subsection 9-1006.C. for all freestanding signs, unless exempt per section
9-1004.
3. The area of directional signs over four (4) square feet in size shall be
calculated as specified in section 9-1007.
H. Residential uses.
56
1. Residential subdivisions, multifamily developments, and mobile home
parks shall be allowed one (1) freestanding identification sign per public
entrance, meeting the setback and design standards of subsection 9-
1006.C.
I. Electronic message board signs.
1. Only one (1) message board per premises is permitted. Such boards shall
be permitted only when incorporated with a permitted freestanding sign
and shall not exceed fifty (50) percent of a permitted individual
freestanding sign area.
2. The rate of change for the electronic message shall be no less than thirty
(30) seconds between changes.
J. Window signs.
1. A permanent window sign, individually or collectively, shall be limited to
no more than twenty (20) square feet.
2. The area of window signs shall be deducted from the allowable wall sign
area, as specified in subsection 9-1006.13.
K. Wayside stands.
1. Wayside stands shall be allowed one (1) freestanding sign or one (1)
facade sign, attached to the wayside stand, no larger than four (4) square
feet in size and a maximum of twelve (12) feet in height. (3-14-18; 2-21-
19.)
Article X. Vehicle Parking Facilities.
Sec. 10-1010. Table of use types and parking requirements.
USE PARKING REQUIREMENT e
jAgricultural Use Types
Agriculture
No requirement
Aquaculture
No requirement
(Commercial feedlot
No requirement
Farm employee housing
No requirement
Farmer's market
1 space per 100 sq. ft., 5 spaces minimum
Forestry operation
No requirement
Greenhouse, private
No requirement
Livestock auction market
See schedule B
;Stable, commercial
1 space per employee on major shift, plus 1 space for
every 4 animals stabled
Stable, private
No requirement
Sawmill
No requirement
Wayside stand
1 space per 100 sq. ft., 3 spaces minimum
r-
Residential Use Types
Accessory apartment
1 additional space
;Community recreation
See schedule B
Condominium
1 space per 1 bedroom unit
57
W
2 spaces per 2 bedroom unit
2.25 spaces per 3 bedroom unit
j
1 visitor space for every5 units
j Dwelling, multifamily
1 space per 1 bedroom unit
jconversion
2 spaces per 2 bedroom unit
1
2.25 spaces per 3 bedroom unit
;Dwelling, single -family
2 spaces per dwelling
Dwelling, two-family
2 spaces per dwelling unit
Family day care home
1 space per nonresident employee"
Group home
2 spaces per dwelling
3Guest house
1 additional space
;Home occupation
No requirement
!Human care facility
See schedule B
!Kennel, private
a
No requirement
Manufactured home,
2 spaces per dwelling
!Class A
Manufactured home,
2 spaces per dwelling
Class B
Manufactured home,
2 spaces per dwelling
jClass C
,Manufactured home,
2 spaces per dwelling
!emergency residence
;Manufactured home,
jfamily member residence
a
1 additional space
Manufactured home park
2 spaces per dwelling
;Manufactured home
2 spaces per dwelling
(subdivision
Manufactured home,
2 spaces per dwelling (can be converted for permanent
!temporary residence
dwelling)
Multifamily dwelling
1 space per 1 bedroom unit
2 spaces per 2 bedroom unit
2.25 spaces per 3 bedroom unit
1 visitor space for every 5 units
;Townhouse
1 space per 1 bedroom unit
2 spaces per 2 bedroom unit
2.25 spaces per 3 bedroom unit
}
1 visitor space for every 5 units
;Civic Use Types
Administrative service
3 spaces per 1,000 sq. ft, plus 1 space per vehicle based
at facility
Adult care center
1 space per 3 residents, plus 1 space each employee on
major shift
W
IAssisted living facility
1 space per 3 residents, plus 1 space each employee on
major shift
Cemetery
See schedule 6
Child care institution
1 space per employee on major shift, plus 1 space per
20 children, plus 1 space for each vehicle associated
with facility
Child care center
s
i
1 space per employee on major shift, plus 1 space per
20 children, plus 1 space for each vehicle associated
with facility
Club
1 space per 3 persons based on maximum occupancy
Community center
1 space per 250 sq. ft.
Correctional facility
See schedule B
Crisis center
1 space per 2 persons of residential occupancy
(Cultural service
1 space per 300 sq. ft.
Educational facility,
college/university
See schedule B
'
Educational facility,
primary/secondary
See schedule B, but no less than 1 space per employee
on major shift, plus 1 space per 4 students in the
11th and 12th grades
Halfway house
1 space per 2 persons of residential occupancy
Life care facility
I
1 space per 3 residents, plus 1 space each employee on
major shift
Nursing home
1 space per 3 residents, plus 1 space each employee on
major shift
Park and ride facility
No requirement
!Post office
See Schedule A
Public assembly
1 space per 4 seats or similar accommodations
provided
;Public maintenance and
;service facility
See schedule A
;Public park and
, recreational area
See schedule B
3 Public safety service
3 spaces per vehicle based at facility
Religious assembly
1 space per 4 seats in principle place of worship
Rehabilitation service
1 space per 3 residents, plus 1 space each employee on
major shift
Utility service, major
See schedule B
iUtility service, minor
No requirement
Office Use Types
Financial institution
1 space per 300 sq. ft., plus required stacking spaces
[General office
1 space per 250 sq. ft.
59
Laboratory
I
1 space per 1.5 employees on major shift, plus 1 per
company vehicle
Medical office
7 spaces per practitioner, or 1 space per 200 sq. ft.,
whichever is greater
(Commercial Use Types
;Adult entertainment
;establishment
1 space per 200 sq. ft.
;Agricultural service
See schedule A
(Antique shop
1 space per 400 sq. ft.
Bed and breakfast
1 space per guest room, plus 2 spaces for owner's unit
! Boarding house
1 space per sleeping room
Business support service
1 space per 250 sq. ft.
Business or trade school
See schedule B, but no less than 1 space per 4 students
Campground
1 space per campsite, plus spaces required for other
uses
Car wash
1 space per employee on major shift, plus required
stacking spaces
Commercial indoor
amusement
1 space per 3 persons based on maximum occupancy
load
Commercial indoor
entertainment
1 space per 4 seats or similar accommodations, plus 1
space per 2 employees on major shift.
Commercial Indoor Sports and Recreation
? • Bowling alley
3 spaces per alley, plus 1 space per employee on major
shift
1 • Swimming pool
1 space per 100 sq. ft. of water surface
• Tennis and similar court
games
4 spaces per court
• Other indoor sports
jplus
1 space per 3 persons based on maximum occupancy,
1 space per employee on major shift
jCommercial Outdoor Entertainment/Sports Recreation
l• Miniature golf
1. 5 spaces per hole
• Other outdoor
entertainment/sports
recreation
1 space per 3 persons based on maximum occupancy,
plus 1 space per employee on major shift
Commercial outdoor pool
land tennis facility
1 space per 100 sq. ft. of water surface, and/or 4
spaces per court
Construction office,
(temporary
No requirement
Construction -sales and
service
See schedule A
lContractor office and
See schedule A
!storage facility
iConvenience store
1 space per 200 sq. ft. for the first 1,000 sq. ft. plus 1
space for each additional 175 sq. ft.
'Crematorium
1 space per 4 seats in main chapel, plus 1 space per 2
employees on major shift, plus 1 space per company
vehicle
jEquipment sales and
See schedule A
i rental
;Flea market
1 space per 100 sq. ft. of sales area accessible to the
i
public
'Funeral home
1 space per 4 seats in main chapel, plus 1 space per 2
employees on major shift, plus 1 space per company
vehicle
!Garden center
i
See schedule A
Gasoline station
1 space per employee, plus 1 space per 200 sq. ft. of
1
building area, plus required stacking space
Golf course
50 spaces per 9 holes, plus spaces as required for other
uses
Golf driving range
1.2 spaces for each driving tee
Hospital
1 space per 2 beds, plus 1 space per employee on
f
major shift, including doctors
Hospital, special care
1 space per 2 beds, plus 1 space per employee on
major shift, including doctors
Hotel/motel/motor
1 space per guest accommodation, plus 4 spaces per 50
lodge/inn
guest rooms, plus spaces as required for other uses.
Kennel, commercial
1 space per 500 sq. ft.
Laundry
1 space per 300 sq. ft.
]Manufactured home
See schedule B
sales
!Marina
See schedule B
Medical clinic
3 spaces per examination or treatment room, plus 1
space per employee on major shift including doctors
Micro-brewery, distillery,
1 space per employee on major shift, plus 1 space per
cidery
5,000 square feet of storage, plus 1 space per 2 seats in
i
tasting room, restaurant, retail; other accessory uses
i
shall provide spaces consistent with the parking
requirements for the same use or a use deemed
i
appropriate by the Zoning Administrator
Mini warehouse
1 space for each employee, plus 2 spaces for the first
100 storage spaces, plus 1 for each additional 100
storage units or portion thereof
I Motor vehicle
See schedule A
dealership/new
G'II
Motor vehicle
dealership/used
See schedule A
(Motor vehicle/rental
See schedule A
Motor vehicle repair
service, major
2 spaces per service bay, plus 1 space per employee on
major shift
Motor vehicle/repair
;service, minor
1 space per 200 square feet, plus 2 spaces per service
bay, plus 1 space per employee on major shift
;Motor vehicle/outdoor
i
storage
See schedule A
Motor vehicle
;parts/supply, retail
See schedule A
Pawn shop
1 space per 300 sq. ft.
Personal improvement
service
1 space per 300 sq. ft.
Personal service
1 space per 300 sq. ft.
Real estate office,
temporary
1 space per 300 sq. ft.
Recreational vehicle sales
and service
See schedule A
Restaurant, drive-in fast food
• With seats
I
Without seats 1 space per 4 seats, plus 1 space per 4
employees on major shift, plus required stacking space
• Without seats
1 space per 60 sq. ft., plus required stacking space
Restaurant, general
1 space per 4 seats, plus 1 space per 2 employees on
major shift
1 Retail sales
See schedule A
Shopping center
4.4 spaces per 1,000 sq. ft.
(Studio, fine arts
See schedule B
,Truck stop
See schedule B
lVeterinary hospital/clinic
1 space per 300 sq. ft.
Industrial Use Types
Abattoir or livestock
processing
See schedule A
Asphalt plant
See schedule B
Brewery, Distillery, ]See
ICidery
Schedule A
(Construction yard
See schedule A
Convenience center
See required stacking spaces
Custom manufacturing
See schedule A
Industry, Type I
See schedule A
62
Industry, Type II
See schedule A
1Industry, Type III
See schedule A
!Landfill, industrial
See schedule B
Landfill, rubble
See schedule B
Landfill, sanitary
See schedule B
Meat packing
1 space per employee on major shift
Resource extraction
1 space per employee on major shift
Scrap and salvage service
See schedule A
Transfer station
See schedule B
Warehousing and
distribution
See schedule A
Miscellaneous Use Types
Alternate discharge
sewage
No requirement system
Amateur radio tower
No requirement
!Aviation facility,
commercial
See schedule B
,Aviation facility, general
See schedule B
Aviation facility, private
See schedule B
lCommunication tower
2 spaces per tower
Hunt club
See schedule B
Parking facility,
surface/structure
No requirement
Shooting range, outdoor
See schedule B
Schedule A
This schedule sets forth minimum parking requirements for uses with
elements having different functions or operating characteristics within a
single overall use.
Function of -ElementIlRequirerylent
Office or administrative activity
1 space per 300 sq. ft.
Indoor sales, display or service area
1 space per 500 sq. ft.
Motor vehicle service bay
2 space per service bay
Outdoor sales, display or service area
1 space per 2,000 sq. ft.
General equipment servicing or
manufacturing
1 space per 1,000 sq. ft.
Indoor or outdoor storage or
warehousing
1 space per 5,000 sq. ft.
63
Schedule B
Specific requirements shall be determined by the zoning
administrator based on requirements for similar uses, location of the
proposed use, expected demand and traffic generated by the proposed use,
and appropriate traffic engineering and planning criteria and information.
Determinations of requirements may be appealed to the board of zoning
appeals. (7-7-05, 3-20-14.)
The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
COUNTY ADMINISTRATOR'S REPORT
County Administrator Keaton identified the following as recipients of Caught You
Caring Awards for the Fourth Quarter of FY2018-19: Virginia Branch/Budget &
Finance office; Ashley Parsain, Laura Smith, Debbie Szymanski, Kathy Torrence
and Wanda Wills/Circuit Court Clerk's office; Sherry Jones/Commissioner of the
Revenue's office; Renee Allen-Stallings/Emergency Services; Christy Northon and
Linda Tuck/Human Resources Department; Will Blair, Mark Drumheller, Christy
Phillips, Jeff Ward/Inspections Office; Rachel Bass, Trenton Blowe, Amanda
Landrus, Jessica Moore /Planning & Zoning; Connie Chapman, Debra Frank, Bill
Hanlon, Kathy Mountjoy and Lois Tokarz/Tourism; Paula Bergeron, Michael Craig,
Cheryl McClanahan, Angela Minga, Gayla Phillips, Andrea Watson/Treasurer's
office; and, Steve Jackson and Valerie Robinson-Ford/Utility Services.
County Administrator Keaton distributed copies of the Cash Proffer Report
reflecting a cash balance of $489,951 million.
County Administrator Keaton reported on a recent State-sponsored Interactive
threat training exercise conducted by staff, law enforcement, volunteers, fire and
rescue squads. He advised that there will also be a FEMA VOPEX training exercise
next week for the Surry Nuclear Power Plant.
County Administrator Keaton reported that VDOT has agreed to repair the road in
Ashby Way East if the County is willing to pay to pave the roadway.
Noting that he would be attending the 2019 County Officials' Summit conference
on August 15, 2019, Chairman McCarty moved that the Board's August 15, 2019
regular meeting be changed to August 8, 2019. The motion was adopted by a
vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in
favor of the motion and no Supervisors voting against the motion.
Chairman McCarty encouraged all citizens to participate in the VDOT "Adopt a
Highway Program".
Supervisor Rosie suggested that fines for littering be incorporated in the County's
ordinance.
UNFINISHED/OLD BUSINESS
•'
Jamie Oliver, Transportation Planner, reported because all three bids received on
the Turner Drive turn -lane improvement project had technical difficulties with the
bid submission, the project had to be rebid, and three bids were received from
the same firms of the previous submission which are on budget for the roadway
portion of the project. She advised that staff will require 10-15 days to finish
review of the packages.
David Smith, Director of Parks and Recreation, addressed the Board regarding its
previous direction that a task force be developed for the Blackwater River park
property to recommend activities and management of that property. He advised
that the Task Force had recommended solicitating RFPs for the northern and
southern tracts for hunting and that an advisory board be created which resulted
in the creation of several subcommittees tasked with addressing issues with
signage, the permitting process, the gates and parking area and the boundary line.
He stated that while progress has been made, he does not recommend the Board
take action at this time. He stated he believes that all items can be addressed
adequately before the conclusion of the hunting season, but not before the start
of the season, probably sometime in the January/February timeframe.
Supervisor Grice moved that action on the RFP's be postponed until the Board's
August 8, 2019 regular meeting. The motion was adopted by a vote of (5-0) with
Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the
motion and no Supervisors voting against the motion.
NEW BUSINESS
County Administrator Keaton presented a Resolution to Amend the FY2019-20
Operating Budget and Appropriate Funding for the Economic Development
Authority Agriculture & Forestry Industries Development Fund Grant through the
Virginia Department of Agriculture and Consumer Services for the Board's
consideration.
Supervisor Jefferson moved that the following Resolution be adopted and the
Chairman authorized to execute both the AFID Performance Agreement and the
EDIG Agreement, as presented:
RESOLUTION TO AMEND THE FY 2019-2020 OPERATING BUDGET AND
APPROPRIATE FUNDING FOR THE
ECONOMIC DEVELOPMENT AUTHORITY
Agriculture & Forestry Industries Development Fund Grant
through the Virginia Department of Agriculture and Consumer Services
WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia
recommends an amendment to the FY 2019-2020 Grant Fund Budget for the
receipt of fifty thousand dollars ($50,000) from the Agriculture & Forestry
Industries Development Fund; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia
recommends an amendment to the FY 2019-2020 Grand Fund Budget for the
transfer of $50,000 (fifty thousand dollars) to the Economic Development
Authority for use as agreed to in the terms set forth by the Performance
Gev
Agreement by and among the County of Isle of Wight, Virginia, and M&M Milling
At Franklin LLC (the "Company"), a Virginia limited liability company, and the
Economic Development Authority of the County of Isle of Wight; and,
WHEREAS, the Board of Supervisors needs to appropriate fifty thousand dollars
($50,000) for transfer from the Grant Fund to the Economic Development
Authority for use as agreed to in the terms set forth by the Performance
Agreement; and,
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight
County, Virginia, that the FY 2019-2020 Grant Fund budget is hereby amended for
the $50,000 (fifty thousand dollars) transfer to the Economic Development
Authority; and,
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight
County, Virginia, that $50,000 (fifty thousand dollars dollars) is hereby
appropriated in FY 2019-2020 for the Grant Fund Transfer to the Economic
Development Authority.
BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County,
Virginia is authorized to make the appropriate accounting adjustments and to do
all things necessary to give this resolution effect.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
County Administrator Keaton recalled that the Board had previously discussed the
County's IT Department providing support to the Towns of Smithfield and
Windsor at its previous work session. He advised that he will be bringing back a
proposed agreement when the funding amounts with the Towns has been
finalized.
Chairman McCarty moved that the matter be tabled until the Board's August 8,
2019 regular meeting. The motion was adopted by a vote of (5-0) with
Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the
motion and no Supervisors voting against the motion.
Supervisor Grice advised that the Board had received a request that the County
participate in a lighting grant for the Luter sports complex. County Administrator
Keaton was requested to respond on behalf of the Board that it has contributed
$250,000 in the past and that the request should instead be directed to the Town
of Smithfield as the County does not manage the complex.
Chairman McCarty recommended that that the Board conduct a contractor's
forum for the purpose of listening to those who do business in the County.
The consensus of the Board was to request County Administrator Keaton to
develop an agenda for a work session in the fall with County contractors and the
two Town Managers and the Director of Economic Development are to be invited.
ADJOURNMENT
At 7:50 p.m., Chairman McCarty declared the meeting adjourned.
Carey k4ill� Storm, Clerk
67
m M. McCarty, Chairman