3-19-2020 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 NINETEENTH DAY OF MARCH IN THE YEAR TWO
THOUSAND AND TWENTY
PRESENT:
Joel C. Acree, Windsor District, Chairman
Richard L. Grice, Smithfield District, Vice Chairman
Rudolph Jefferson, Hardy District
William M. McCarty, Newport District
Don G. Rosie, II, Carrsville District
ALSO IN ATTENDANCE:
Robert W. Jones, Jr., County Attorney
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Carey Mills Storm, Clerk (via video)
CALL TO ORDER
Chairman Acree called the regular Board of Supervisors' meeting to order at 5:00
p.m.
APPROVAL OF AGENDA/AMENDMENTS
Supervisor McCarty moved that the agenda be adopted as amended to conduct
the public hearings immediately following the Citizens Comments period. 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 moved that a matter to discuss the creation of a broadband
taskforce be added 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.
CLOSED MEETING
The following matters were identified for discussion in closed meeting by County
Attorney Jones: Pursuant to Section 2.2-3711(A)(1) regarding a discussion
regarding the appointment of specific appointees to County boards, committee or
authorities; pursuant to Section 2.2-3711(A)(3) regarding a discussion regarding
the acquisition and disposition of real property for public purposes, where
discussion in an open meeting would adversely affect the bargaining position or
negotiating strategy of the Board; and, pursuant to Section 2.2-3711(A)(7)
regarding consultation with legal counsel regarding actual and probable litigation
where such consultation would adversely affect the negotiating or litigation
posture of this public body.
Upon motion of Supervisor Jefferson and all voting in favor (5-0), the Board
entered the closed meeting for the reasons stated by County Attorney Jones.
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At 6:00 p.m., upon motion of Supervisor McCarty and all voting in favor (5-0), the
Board reconvened into open meeting.
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 Jefferson and all voting in favor (5-0), 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. Rosie
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
INVOCATION/PLEDGE OF ALLEGIANCE
Herb DeGroft delivered the invocation and led the Pledge of Allegiance to the
American Flag.
The Governor's Order regarding Coronavirus (COVID-19) was addressed by
Chairman Acree who advised that the Board's meetings are exempt and that every
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effort has been undertaken to slow down or stop the spread of the Coronavirus by
spreading out the seating of the Board and limiting the number of people allowed in
the room to ten persons.
CITIZENS' COMMENTS
Herb DeGroft of Mill Swamp Road notified the Board of his dissatisfaction with
the response received from the School Board regarding funds totaling $391,555
related to school facility rents, dual enrollment and travel and training. He stated
those funds could have paid for five elementary School Resource Officers.
There being no one further signed up on the Citizens Comments register to speak,
Chairman Acree called for Board comments.
Supervisor McCarty expressed his appreciation for citizen engagement and
advised that he would be scrutinizing all budget requests.
Supervisor Jefferson recommended that the Superintendent and Sheriff discuss a
plan for additional School Resource Officers.
Supervisor Rosie spoke in support of funding for School Resource Officers being a
priority in the budget.
Vice -Chairman Grice remarked that School Board members are elected officials
and this Board, while it has the authority to review the School Board budget, it
does so within certain limits.
Chairman Acree remarked that he will be fiscally responsible in the upcoming
budget.
PUBLIC HEARINGS
A. Application of Carole L. Harrell and Connie A. Glover, Owners, and Presson
Construction, LLC, Applicant, for a Change in Zoning Classification from
Rural Agricultural Conservation (RAC) to Rural Residential (RR) or a
Proposed One Acre Lot
Sandy Robinson, Zoning Coordinator, provided background information on the
application.
Chairman Acree opened the public hearing and called for citizens to speak in favor
of or in opposition to the proposed application.
Glen Presson, the applicant, explained the actions taken to purchase the land and
build a single-family dwelling on it.
There being no one else to speak, Chairman Acree closed the public hearing.
Supervisor Rosie moved that the rezoning request be approved as submitted by
the applicant. 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.
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B. Application of Carole L. Harrell and Connie A. Glover, Owners, and Presson
Construction, LLC, Applicant, for a Change in Zoning Classification from
Rural Agricultural Conservation (RAC) to Rural Residential (RR) or a
Proposed 1.2 Acre Lot
Ms. Robinson provided background information on the application.
Chairman Acree opened the public hearing and called for citizens to speak in favor
of or in opposition to the proposed application.
Glen Presson spoke in favor.
Chairman Acree closed the public hearing.
Supervisor Rosie moved that the rezoning request be approved as submitted by
the applicant. 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.
C. Application of Jeremy and Lucy Kooiman, Owners, for a Conditional Use
Permit for an Accessory Apartment in Their Residence Located at 214
Shivers Mill Lane in the Suburban Residential Zoning District
Amy Ring, Director of Community Development, provided background
information on the proposed application.
Chairman Acree opened the public hearing and called for citizens to speak in favor
of or in opposition to the proposed application.
Jeremy Kooiman, applicant, advised that he is seeking a CUP for the purpose of
family gatherings; an elderly mother potentially moving in at a later date; and,
utilizing the space as an Airbnb.
Liz Coburn of Anna Drive in Carrollton inquired if Airbnb's would affect the value
of her property. She advised that the applicant routinely parks his vehicle on her
property and she wants to ensure that the applicant has ample room on his
property for parking of Airbnb guests.
Bryan Peebles, Attorney, representing Jeff Ornoff, an adjoining neighbor,
requested that the Conditional Use Permit be denied for an after -the -fact
accessory apartment and, should it be approved, that it be done so with the
condition that the apartment cannot be used for short-term rentals or as an
Airbnb. He stated that Mr. Kooiman appeared before this Board at its January 17,
2019 meeting requesting approval of a shed and an after -the -fact approval for a
driveway expansion at which time he was told by Supervisor McCarty that there
would be no more after -the -fact permit approvals granted as Mr. Kooiman has a
pattern of disobeying County regulations. He stated he understood why this
Board would be hesitant to impose a hardship on the Kooimans by denying a
permit for an apartment that already exists; however, to continue to allow the
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Kooimans to run this business puts his rights above the rights of his neighbors. He
stated this is not in keeping with the zoning classification of suburban residential
because the Code of Virginia stipulates that dwellings do not include hotels or
Airbnb's. He advised that there have been numerous trespasses onto Mr. Ornoff's
property; at least seven multiple zoning code violations; the Kooiman's dog
urinates and defecates on Mr. Ornoff's property; trash has been thrown onto Mr.
Ornoff's property; and, an illegal fire was set causing damage to Mr. Ornoff's
property.
Lucy Kooiman, applicant, stated this is the first that she has heard of Mr. Ornoff's
concerns. She requested the Board to favorably consider the request so that she
will be able to care for her mother and continue to do what they want to do with
their family.
Chairman Acree closed the public hearing.
Supervisor McCarty asked Attorney Peebles to define the hardships being
experienced by his client, Mr. Ornoff.
Attorney Peebles defined hardships related to zoning issues as something about a
property that makes it different from other properties. He advised Mr. Ornoff's
hardships are related to an Airbnb being located next door to him; the trespassing
onto his property; trash being thrown onto Mr. Ornoff's property; the removal of
a retaining wall that had to be torn down; an illegal fire which was set; and, the
slamming of car doors. He stated those hardships should not be experienced in a
suburban residential neighborhood.
Supervisor McCarty inquired how policing of an Airbnb might occur.
Attorney Peebles responded that if the Kooimans did not remove their Airbnb ad,
a report could easily be made to the appropriate officials that they are still
advertising an Airbnb in violation.
Supervisor Jefferson inquired if the Kooiman's home can be singled out as an
Airbnb.
Ms. Ring advised that the County's ordinance does not define short-term rentals;
however, it does address renting out of up to two rooms to unrelated people as a
permitted use in a residential zoning district.
Supervisor Jefferson inquired if a homeowner would necessarily be aware that a
permit was needed to complete a basement.
Ms. Ring replied they may or may not know that it requires a Conditional Use
Permit; however, applicants were provided with the zoning district and it is the
burden of the property owner to ensure that all appropriate permits are obtained
before construction of a structure begins.
Supervisor McCarty inquired if it was overlooked in the original plans.
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County Attorney Jones explained that the plans were originally submitted with
the basement being unfinished and the basement was finished during
construction. He stated when the basement was constructed, the final plan was
never relayed from the Inspections Department to the Zoning Department.
Ms. Ring stated because there were no revised plans submitted, there was no red
flag that something different had occurred than was originally permitted for.
Supervisor Rosie remarked that he is weighing the concept of the Kooiman's
having a place for their grandchildren and mother against the business side where
it becomes a money -making operation, along with the fact that there are some
inconveniences for the neighbors and Mr. Kooiman's past history of not following
the permitting processes until after -the -fact.
Supervisor Grice asked staff to address the parking concern.
Ms. Ring advised that by ordinance, a single-family home is only required to have
two parking spaces and the Kooiman's have four to five parking spaces. She
stated that the accessory apartment requirement for parking specifies dedicated
parking space in addition to the two parking spaces for the single-family.
Supervisor Grice inquired how the property was assessed.
Mr. Kooiman advised that the apartment is included in the assessment and at the
same rate as the rest of the house. He stated regarding it being an unfinished
room, he notified the permitting and inspections departments that he wanted to
finish it, but there was apparently some type of disconnect as he was not aware
that he had to also advise the Zoning Department. He stated there was never any
issue with this being an after -the -fact permit and he offered to provide emails
depicting his communications with staff. He stated there would be no issue if he
removed the stove which make it an accessory apartment.
Supervisor Rosie inquired if the Kooimans were going to mitigate the parking
situation with the neighbors.
Mr. Kooiman replied that he does have ample parking and he admitted to parking
his long -bed truck in the courtyard which is for everyone to park in.
Chairman Acree remarked that the issue before the Board tonight is the
Conditional Use Permit. He stated that he thought that this was originally be used
as an office space and he asked if the request is for an after -the -fact permit.
Ms. Ring recalled that her initial investigation began in 2019 and stemmed from a
complaint by a neighbor. She advised that she had consulted with the Building
Official who confirmed that there was a finished basement and that in his
conversation with Mr. Kooiman, Mr. Kooiman had represented that it was
supposed to be used as office space. She advised that responsive to another
complaint, an investigation revealed that Mr. Kooiman had turned the finished
basement into a bedroom. She further advised that the Zoning Ordinance defines
a separate dwelling unit as a space that has separate sleeping, bathing and
Gel
cooking facility and if one of those three components are removed, it then ceases
being an independent dwelling unit.
Supervisor McCarty moved that the request be tabled until the Board's April 16,
2020 regular meeting. In the meantime, staff is to provide to the Board either a
full discourse of documentation or a summation by the County Attorney of the
evidence therein. 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.
The Board took a recess and returned to open meeting.
D. Proposed Utility Scale Solar Energy Facility Ordinance Zoning Ordinance
Amendment
Ms. Ring advised that there are currently four utility scale solar energy facilities
with Conditional Use Permits in the County with only one being constructed to
date. She advised that the Planning Commission directed staff in June of 2019 to
develop a draft utility scale solar facility ordinance for its review followed by a
public hearing on February 25, 2020 and approval recommended by a vote of 10-
0. She reviewed the proposed changes related to supplemental use criteria in
Article V and other items currently being imposed on Conditional Use Permit
applications related to landscaping plans with enhanced number of landscaping
points, transportation plans, environmental resource analysis and historical
resource impact analysis.
Chairman Acree opened the public hearing and called for citizens to speak in favor
of or in opposition to the proposed application.
No one appeared and spoke in favor of or in opposition to the proposed
application and Chairman Acree closed the public hearing.
Supervisor McCarty moved that the following ordinance amendment be adopted
with the change pertaining to soil testing for all contaminants directly attributable
to solar panels:
Amending and Reenacting the Following Articles of Appendix B, Zoning: Article V
(Supplementary Use Regulations)
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.
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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 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 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
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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 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%) 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.
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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%Z) 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.
i. The height of the fence or wall does not exceed six (6) feet.
ii. The fence or wall shall meet the minimum side yard setback of the underlying
zoning district from the edge of the right-of-way, sidewalk, walking and biking
trail, or ingress/egress easement, except in no case shall the setback be less than
five feet.
iii. The fence shall not extend past the rear foundation wall of the principal
structure of any side adjacent to a street.
iv. The fence or wall shall not interfere with or impede traffic visibility.
v. The fence is constructed so that the finished side faces the street.
2. Open wire fences not exceeding eight (8) feet in height may be erected in any
required yard when wholly or partially enclosing any public school, park,
recreational or playground site, 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.
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6. The height and location of fences or walls existing prior to the adoption of
this zoning ordinance effective August 30, 2005, on a property designated as a
National Historic Landmark located in a designated historic overlay district may be
exempt from this section subject to the review and approval of the zoning
administrator.
H. Projections and yard setback modifications.
1. Covered, unenclosed front porches...... Covered, unenclosed porches, decks,
landings, steps, terraces, patios or platforms, open on three (3) sides except for
necessary supporting columns and customary architectural features, may be
permitted in a required front yard provided that such structure shall not be more
than eight (8) feet in width and shall not project more than three (3) feet into
such yard.
2. Covered unenclosed porches permitted in required side or rear yard......
Covered, unenclosed porches, decks, landings, steps, terraces, patios or
platforms, open on three (3) sides except for necessary supporting columns and
customary architectural features, may be permitted in required side or rear yards
provided that no such structure, shall project closer than three (3) feet to any side
lot line, that no such structure shall be more than one (1) story in height or more
than twenty-four (24) feet in length, and that no such Structure shall project more
than eight (8) feet into any required rear yard.
3. Uncovered porches...... Uncovered porches, decks, landings, steps, terraces,
patios or platforms which do not extend above the level of the first floor of the
building (except for railings and railing supports) may project into any required
front, side or rear yard or court not to exceed eight (8) feet.
4. [Architectural features, chimneys, air conditioners, cornices, eaves, belt
courses, sills, canopies, or other similar architectural features.] ..... Architectural
features, chimneys, air conditioners, cornices, eaves, belt courses, sills, canopies,
or other similar architectural features (but not including bay windows or vertical
projections) may project into a required side yard not more than eighteen (18)
inches, but not closer than three (3) feet to the side lot line, and may not exceed
thirty-six (36) inches. Chimneys and air conditioners may project into any yard not
more than eighteen (18) inches, but air conditioners rated at twenty-four
thousand (24,000) BTU or less shall not be so placed as to discharge air within five
(5) feet of side yard lines, and those rated over twenty-four thousand (24,000) to
discharge air within twelve (12) feet of side yard lines, other than side yard lines
adjacent to streets.
5. Open fire escapes...... Open, unenclosed fire escapes may project not more
than four (4) feet into any required yard, but shall not project closer than three
(3) feet to any side lot line.
6. Open stairways and balconies...... Open, unenclosed stairways or balconies,
not covered by a roof or canopy, may extend or project into a required rear yard
only, not more than four (4) feet, but shall not be within three (3) feet of any
property line.
7. Exemption of front yard setback for handicap ramps...... Handicap ramps
used for residence(s) of a single-family dwelling shall be allowed to encroach into
the required front yard setback. The ramp must be built in accordance with the
American Disabilities Act as it pertains to wheelchair accessibility. In no instances
shall the ramp be covered.
I. Frontage.
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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.
2. Recreational vehicles shall not be used as living quarters, and may only be
otherwise occupied in accordance with district regulations.
M. Required yard not to be reduced...... No lot shall be reduced in area so as to
make any yard or any other open space less than the minimum required by this
article, and if already less than the minimum required, such yard or open space
shall not be further reduced, except by approval of the board of zoning appeals.
No part of a yard or other open space provided for any building, structure or use
for the purposes of complying with the provisions of this article shall be
considered as part of a yard or other open space required under this article for
another building, structure or use except in the case of developments which are
planned developments or cluster developments and provision is made for shared
use of open space.
N: Residential density.
1. Only one (1) single-family detached dwelling shall be permitted on any lot,
except that accessory apartments and temporary residences shall be permitted as
otherwise allowed in this ordinance.
2. In determining the number of dwelling units permissible on a lot, parcel, or
tract of land, fractions shall be rounded to the nearest whole number.
O. Sight triangles.
1. To promote visibility for pedestrians and the operators of motor vehicles, a
clear sight triangle shall be established at the intersecting rights-of-way of any
two (2) streets. The legs of this sight triangle shall be twenty-five (25) feet in
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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.
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:
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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.
i. Maximum floor area: The maximum floor area of an accessory apartment in a
primary dwelling shall not exceed one thousand (1,000) square feet or thirty-five
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.
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.
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ii. No accessory apartment shall be attached to a commercial unit by open
walkways, breezeways, patios, decks, etc.
g. Water and sewer service. ..... Approval of the water supply and sewage
disposal shall be obtained from the Isle of Wight County Department of Health or
the department of public utilities.
h. Parking...... Parking for the apartment must be located to the rear or side of
the commercial unit. Each apartment must be provided one and one-half (1.5)
parking spaces in addition to what is required for the commercial use.
B. Boathouse, dock, or pier.
1. A boathouse, dock, or pier, where permitted in this ordinance, shall be
permitted as an accessory use on property where a legally established single-
family dwelling exists.
2. A conditional use permit shall be required for a boathouse, dock, or pier
where there is no existing residence.
C. Community recreation.
1. Except in the case of a planned development, community recreational
facilities shall be developed solely for the noncommercial use of the residents and
guests of the residential development.
2. A conditional use permit shall be required for the commercial or
noncommercial use of a community recreational facility by the general public. The
board of supervisors, following a recommendation by the planning commission,
may vary area and setback requirements for existing facilities, provided that
alternative methods of protecting adjoining properties are required as conditions
of the conditional use permit.
3. Community recreational facilities may be owned and operated by a
homeowner's association or a private or public entity.
4. All outdoor recreational playfields, grounds and facilities and associated
fences or enclosures shall conform to the required front and corner side yard
building setbacks of the underlying zoning district.
5.- Recreational structures for indoor recreation shall meet the required
setbacks of the underlying zoning district for a primary use.
6. Pedestrian access to community recreational areas shall be provided
throughout the entire development.
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.
Wei
10. Lighting shall be installed in accordance with article XI and shall be arranged
to shine inward so that it does not reflect onto adjacent properties or impair the
safe movement of traffic.
D. Condominium.
1. Condominium developments shall be regulated by use in accordance with
the underlying zoning district.
2. A condominium development may be developed in accordance with the
townhouse or multifamily standards as found in the supplementary use
regulations, except that a townhouse condominium development shall not be
permitted to deed any portion of the land with the townhouse unit.
3. Any subdivision of land within a condominium development shall comply
with the Isle of Wight County Subdivision Ordinance and other county regulations
as may by applicable.
E. Dwelling, multifamily conversion...... Where allowed in the underlying zoning
district, a single -family residence in existence as of July 1, 1997, may be converted
to a multifamily dwelling containing not more than four (4) dwelling units in
accordance with the following:
1. Minimum area and setback requirements.
a. Conversions into two (2) dwelling units shall require at least one hundred
fifty percent (150%) of the minimum lot size in the district in which it is located.
b. Conversions into three (3) dwelling units shall require at least two hundred
percent (200%) 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.
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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.
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
K
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
• 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)
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• Repair of small appliances, small engines and limited machining of small parts,
office machines, cameras, and similar small items
• Repair or servicing of small internal combustion engines used in lawn
mowers, edgers, hedge trimmers, power saws and similar yard maintenance
equipment inside enclosed structure
• Retail sales of agricultural, craft and woodworking products principally
produced on-site
• Taxidermy (See supplementary use regulations section 5-5005.AA)
• Telephone answering service
• Veterinary services
• Waterman's operation with on-premises wholesale and retail sale prohibited
• Wood working and furniture repair, upholstery and cabinet making
5. Uses that are prohibited as home occupations...... The following uses shall be
prohibited as home occupations:
• Vehicle or boat repair or painting
• Equipment or vehicle rental
• Seafood or bait sales
• Furniture sales
• Funeral director, mortuary or undertaker
• Laboratory shop
• Medical or dental clinic
• Private clubs
• Restaurants
• Animal hospitals
• Commercial stables
• Commercial kennels
• Antique shops
• Gun shops, sale of firearms
• Bed and breakfast
• Fortune-teller, including a clairvoyant, a practitioner of palmistry, a
phrenologist, a faith healer, a star analyst, a handwriting analyst who attempts to
predict the future or any other person who attempts to predict the future
• Tattoo parlors
6. General requirements for all home occupations...... All home occupations
shall follow the requirements set forth in 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.
7. 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,
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explosive, flammable, radioactive, or other hazardous materials used in
conjunction with the home occupation shall be used, sold, or stored on the site.
e. The type and volume of traffic generated by a home occupation shall be
consistent with the traffic generation characteristics of other dwellings in the
area.
f. Off street parking shall be provided as appropriate for the specific nature of
the home occupation.
g. The home occupation shall not involve the commercial delivery of materials
or products to or from the premises. This excludes delivery by the United States
Postal Service, Federal Express (FEDEX), United Parcel Service (UPS) or similar
delivery services customarily found in residential areas.
h. The home occupation shall not increase demand on water, sewer, or garbage
collection services to the extent that the combined demand for the dwelling and
home occupation is significantly more than is normal to the use of the property
for residential purposes.
i. No equipment or process shall be used in a home occupation which creates
noise in excess of the requirements set forth in the Isle of Wight County Noise
Ordinance. In the case of electrical interference, no equipment or process shall be
used which creates visual or audible interference in any radio or television
receivers off the premises or through common walls.
j. No activity in conjunction with a home occupation shall be conducted that
adversely impacts or disturbs adjoining property owners.
k. Signs are permitted in accordance with article IX of this ordinance. Only one
(1) sign shall be permitted regardless of the number of home occupations, and
must be setback ten (10) feet from the road as measured from the front property
line.
I. All state, federal and local licenses and/or permits shall be obtained prior to
operation.
8. Specific standards for Type I home occupations.
a. Home occupations shall be confined to the primary dwelling.
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
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meets all specific standards for home occupations outlined above, and shall meet
the following additional requirements specific to this use.
a. The owner of the lot or parcel must occupy the primary dwelling.
b. The gunsmith home occupation is specific to the owner/operator, should a
new owner/operator wish to operate a gunsmith as a home occupation the
process outlined in this section shall be completed regardless of a previous
permit.
c. A zoning permit shall not be issued for a gunsmith home occupation until the
following procedure has been completed:
i. The zoning administrator is to send written notification by certified letter to
the last known address of each adjacent property owner advising them of the
proposed gunsmith home occupation and informing them that the permit may be
issued if written comments are not received within thirty (30) days. The property
shall also be posted with a sign pursuant to section 1-1021 for no less than
fourteen (14) days prior to the expiration of the thirty -day period.
ii. If the zoning administrator receives no written objection from any property
owner so notified within thirty (30) days of the date of sending the notification
letter, and the zoning administrator determines that the proposed gunsmith
home occupation otherwise complies with the zoning ordinance, the zoning
administrator may issue a zoning permit for the gunsmith home occupation.
iii. If the zoning administrator receives written objection from any property
owner so notified within thirty (30) days of the date of sending the notification
letter, then the zoning administrator may not issue a zoning permit unless and
until such time as a conditional use permit for the proposed gunsmith home
occupation is approved by the board of supervisors with a recommendation by
the planning commission.
J. Kennel, private...... A private kennel shall be located fifty (50) feet from any
property zoned other than RAC or RR.
K. Manufactured home, Class A...... A manufactured home, Class A may be
permanently located on a lot or parcel as permitted by the underlying district,
except in planned development manufactured home parks. For the purposes of
this section, the following shall apply:
1. The manufactured home is the only residential structure located on the lot or
parcel;
2. The manufactured home has a width of nineteen (19) or more feet;
3. The pitch of the home's roof has a minimum vertical rise of one (1) foot for
each five (5) feet of horizontal run, and the roof is finished with a type of shingle
that is commonly used in standard residential construction;
4. The exterior siding consists of materials comparable in composition,
appearance, and usability to the exterior siding commonly used in standard
residential construction;
5. The manufactured home is constructed on a permanent footing that meets
the requirements of the building code. The foundation wall 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.
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1. A manufactured home, Class B may be permanently located on a lot or parcel
as permitted by the underlying zoning district, except in planned development
manufactured home parks.
2. For the purposes of this section, the following shall apply:
a. The manufactured home is the only residential structure located on the lot or
parcel.
b. The manufactured home is constructed on a permanent footing that meets
the requirements of the building code. Skirting may be permitted around the
perimeter of the foundation.
c. The tongue, axles, transporting lights, and towing apparatus are removed
after placement on the lot and before occupancy.
M. Manufactured home, family member residence...... A manufactured home,
Class B, located on the same lot or parcel as a primary dwelling may be allowed as
an accessory use in accordance with the provisions of the underlying zoning
district. For the purposes of this section, the following shall apply:
1. The manufactured home shall be occupied solely by a specified family
member or members, related to the occupants of the primary residence on the
property.
a. The owner of the lot or parcel must occupy the primary dwelling.
b. A family member manufactured home shall not be permitted prior to the
construction and occupancy of the primary dwelling.
c. The manufactured home shall be removed not later than ninety (90) days
after no longer being occupied by the specified occupants.
2. The minimum lot size for a primary residence with a family member
manufactured home shall be one hundred fifty 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
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for a family member is approved by the board of supervisors with a
recommendation by the planning commission.
N. Manufactured home, temporary residence...... A manufactured home, Class
B may be allowed as a temporary residence during the construction, repair, or
renovation of a permanent residential structure on a single lot or parcel subject to
the following:
1. All permits for temporary residences, while repairing a permanent residence
shall expire within one (1) year after the date of issuance. No extension shall be
considered unless substantial construction has been initiated on the permanent
residence. One (1) extension not exceeding ninety (90) days may be granted by
the zoning administrator if it is determined that such additional time is required
to reasonably complete the construction, repair or renovation of the permanent
residence.
2. All permits issued for temporary residence while constructing a new
replacement residence shall expire within two (2) years after the date of issuance.
No extension shall be considered unless substantial construction has been
initiated on the replacement residence. One (1) extension not exceeding ninety
(90) days may be granted by the zoning administrator if it is determined that such
additional time is required to reasonably complete the construction, repair or
renovation of the replacement residence.
3. All temporary manufactured homes must be removed at least thirty (30) days
after a final certificate of occupancy has been issued.
4. Only one (1) temporary manufactured home is allowed per parcel.
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.
5. Lot coverage:..... The maximum lot coverage shall be sixty (60) percent of
the total tract area.
6. Open space:
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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.
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.
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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.
L A zoning waiver shall be required prior to the keeping of chickens on
residentially zoned properties or the placement of any associated structures.
Q. Temporary emergency housing.
1. Intent. These regulations are adopted in recognition that temporary
emergency housing options may be necessitated by fire, flood, or other
unforeseen and sudden acts of nature.
2. Temporary emergency housing, used under a declared disaster.
a. Temporary emergency housing may be placed on property when a disaster
has been declared by the board of supervisors, the Governor of the
Commonwealth of Virginia, or the President of the United States in accordance
with applicable state and federal law.
b. A zoning permit shall be obtained before temporary emergency housing can
be placed on the property.
c. All zoning requirements, including setback requirements, may be waived as
determined to be necessary by the zoning administrator.
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.
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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.
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:
27
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), 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.
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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;
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.
tile]
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
Klass 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
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
31
areas, refuse containers, parking or vehicular access, etc., should be located
within this setback area.
2. Perimeter landscaping shall be in accordance with use types as specified in
article VIII, and fencing shall be required.
3. Entrances for vehicular access must be provided in accordance with
requirements of the Virginia Department of Transportation, and shall be located
at least sixty (60) feet from exterior lot lines.
4. Vehicular parking shall be in accordance with the requirements of this
ordinance.
5. Lighting shall be installed in accordance with article XI (outdoor lighting
requirements and restrictions) and shall be arranged to shine inward so that it
does not reflect onto adjacent properties or impair the safe movement of traffic.
E. Community center.
1. Pedestrian access and/or bike paths shall be provided to adjacent residential
developments. A bike parking area shall also be provided.
2. Entrances for vehicular access must be provided in accordance with
requirements of the Virginia Department of Transportation, and shall be located
at least fifteen (15) feet from any recreational use on the lot and from exterior lot
lines.
3. Vehicular parking shall be in accordance with the requirements of this
ordinance and shall not be designed as to require or encourage cars to back into a
street.
4. Lighting shall be installed in accordance with article XI (outdoor lighting
requirements and restrictions) and shall be arranged to shine inward so that it
does not reflect onto adjacent properties or impair the safe movement of traffic.
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.
32
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.
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 i
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
33
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; nor shall a
34
conditional use permit be required for replacement of a well which is worn out or
has become less productive, so long as:
a. The replacement well is no more than one-fourth (%) of a mile in distance
from the well being replaced;
b. The replaced well is abandoned in accordance with regulations administered
and enforced by Virginia Department of Environmental Quality or other applicable
agency;
c. The replacement well shall draw water from the lower cretaceous aquifer
(Potomac Group) only;
d. The owner of the well demonstrate to the zoning administrator that the
replacement well will provide no more water than the well being replaced by
providing the zoning administrator board with the initial production tests of the
well being replaced and the initial production tests of the replacement well; and
e. The average static water level of the lower cretaceous aquifer, as determined
from the average of all monitoring and observation wells of the Virginia
Department of Environmental Quality, has not dropped more than fifty percent
(50%) from the most recent average static water level. (Measured from the most
recent average static water level to the top of the aquifer.)
Provided, further, that if the owner has more than one (1) well designed or
capable of producing fifty thousand (50,000) gallons or more per day located in
Isle of Wight County, Virginia, the owner shall provide the zoning administrator
with the name, location and initial production tests of such other wells of said
design or capacity.
3. The dissolution or abandonment of a public water system previously
approved by the Virginia Department of Health and/or the county shall require
obtaining a conditional use permit from, the board of supervisors, after
recommendation from the planning commission. (7-7-05; 5-27-10; Ord. No. 2012-
2-C, 2-16-12, 3-20-14; 12-18-14; 7-19-18.)
4. Utility Scale Solar Energy Facilities
a. In addition to any conditional use permit application requirements, the
applicant shall provide the following at the time of application:
1. A conceptual plan showing the proposed layout of all structures,
adjacent properties, screening, landscaping, internal roadways,
easements, environmentally sensitive features including proposed
wildlife corridors;
2. A visual impact analysis demonstrating through project siting and
proposed mitigation, if necessary, that the solar project minimizes
impacts on the visual character of a scenic landscape, vista, or scenic
corridor;
3. A transportation plan showing vehicular access to the site, proposed
construction traffic route to the site, parking areas, and laydown yards;
4. An estimated time frame and proposed hours of operation for
construction activity;
5. Economic impact analysis of the project including projected net new
tax revenue as well as loss of active agricultural and silvicultural lands
and its indirect impact to associated local businesses;
6. An environmental resource impact analysis discussing any proposed
activities within designation resource conservation areas;
7. A historical and cultural resources impact analysis; and
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8. Written comments from the relevant electric company regarding the
capacity of the transmission lines as part of any use permit application.
An applicant can satisfy this requirement by submitting proof of
application for interconnection to the electricity system.
b. Ground -mounted systems shall not exceed fifteen (15) feet in height when
oriented at maximum tilt, except when temporarily stowed in a vertical position
for vegetation management or for inspection, maintenance and/or repair.
C. Audible sound from a solar energy system shall not exceed 60 d6A (A -
weighted decibels), as measured at any adjacent non -participating landowner's
property line. The level, however, may be exceeded during short-term exceptional
circumstances, such as severe weather.
d. All equipment, accessory structures and operations associated with a large
solar energy system shall be setback at least seventy-five (75) feet from all
property lines and at least one hundred and twenty-five (125) feet from any
residential parcels, and are subject to the following:
1. Setbacks shall be kept free of all structures and parking lots; and
2. Setbacks shall not be required along property lines adjacent to other
parcels which are part of the solar energy system; however, should
properties be removed from the system, setbacks must be installed
along all property lines of those properties remaining within the project
and which are adjacent to a parcel which has been removed.
e. The following landscaping standards shall apply:
1. Along public roadways with at least fifty (50) feet of right of way, a
minimum fifty (50) foot wide bufferyard shall be installed or retained
with at least 75 landscaping points per 100 linear feet shall be required
in the bufferyard;
2. Along public roadways with less than fifty (50) feet of right of way, 25
landscaping points per 100 linear feet shall be required in the
bufferyard;
3. Where solar facility properties abut residential parcels, 120 landscaping
points per 500 square feet of bufferyard shall be required;
4. Existing vegetation that meets the minimum landscaping specifications
may be used to meet required landscaping points; and
5. No silvicultural activities or removal of required landscaping materials
shall occur in the required bufferyards.
f. Provide soil testing for any contaminants directly attributable to the solar
panels before and after construction and every five years during the interim until
the facility is decommissioned. Owner/operator must provide copies of initial
baseline report and subsequent reports to the Zoning Administrator. Should a
negative finding indicating contamination from the solar panels occur,
contamination must be remedied by the owner/operator to applicable state and
federal standards.
g. Prior to final site plan approval, an owner, lessee, or developer of real
property shall enter the following agreement and provide them to the Zoning
Administrator for review and approval:
1. 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,
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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.
c) Decommissioning of discontinued or abandoned large solar energy
systems shall include the following:
i. Physical removal of all solar energy equipment and above -ground
appurtenant structures from the subject property including, but
not limited to, buildings, machinery, equipment, cabling and
connections to transmission lines, equipment shelters, security
barriers, electrical components, roads, unless such roads need to
remain to access buildings retrofitted for another purpose, or the
landowner submits a request to the Board of Supervisors that such
roads remain.
ii. Below -grade structures, such as foundations, underground collection
cabling, mounting beams, footers, and all other equipment
installed with the system shall be completely removed: however,
these structures may be allowed to remain if a written request is
submitted by the landowners and a waiver is granted by the Board
of Supervisors.
iii. Compacted soils shall be decompacted as agreed to by the
landowner. d) Restoration of the topography of the project site to
is pre-existing condition, except that any landscaping or grading
may remain in the after- condition if a written request is submitted
by the landowner and a waiver is granted by the Board of
Supervisors.
iv. Proper disposal of all solid or hazardous materials and wastes from
the site in accordance with local, state, and federal solid waste
disposal regulations.
2. During and at the end of project construction, any damage done to public
roads by solar farm construction equipment shall be repaired in accordance with
VDOT standards and specifications. Post construction damage shall be identified
based on inspections by VDOT with the Developer or their agent, prior to
construction and upon completion, identifying the items for repair. Additionally,
at the request of VDOT, in order to ensure the safety of the traveling public, some
damages may need to be addressed immediately.
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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.
CONSENT AGENDA
A. Resolution to Appropriate Federal Funds in the amount of $23,096 and a
Local Match in the amount of $7,000 for the Department of Criminal
Justice Service Violence Against Women's Act Grant for the Apprehension,
Prosecution and Adjudication of Persons Committing Violent Crimes
Against Women
B. Resolution to Accept and Appropriate Funding in the amount of $8,965
from the Library of Virginia Circuit Court Records Preservation Program to
Provide Resources to Help Preserve and Make Accessible Permanent Circuit
Court Records
C. Resolution to Adopt Chapter 1: Personnel, Article V, Section 5.15 and
Amend Chapter 1: Personnel, Article XIII of the County's Policy Manual to
Provide up to 80 Hours of Paid Leave for Employees Meeting Specific
Criteria During Declared Public Health Emergencies
D. 2019 Planning Commission Annual Report
Supervisor McCarty moved that the Consent Agenda be adopted as presented.
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
Chairman Acree reported on the success of a "Let's Connect" event sponsored by
the Special Needs Task Force in conjunction with the Department of Parks &
Recreation. He advised that the Special Needs Task Force will be addressing the
Board soon regarding a recommendation on how to address its needs.
APPOINTMENTS
Supervisor McCarty moved that Michelle Manfred be reappointed to serve on the
Blackwater Regional Library Board representing the Newport District. 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
There was no report offered by County Attorney Jones.
COUNTY ADMINISTRATOR'S REPORT
Jamie Oliver, Transportation Planner, updated the Board on outcomes associated
with the Hampton Roads Congestion Management process for 2020.
KE
Jason Gray, Director of Information Technology, briefed the Board on the benefits
of shared information technology services with the Towns of Smithfield and
Windsor.
Assistant County Administrator Robertson reported on legislation passed by the
General Assembly related to the admissions, lodging and cigarette tax. He
advised that the State preclearance related to the County's upcoming redistricting
process did not pass; however, the Governor did significantly increase the amount
of money to be invested in broadband expansion in rural communities.
Assistant County Administrator Robertson was requested to provide the Board
with additional information on a proposed gas tax increase.
County Administrator Keaton highlighted matters for the Board's information
pertaining to the removal of furniture from the old Clerk of Circuit Court's office;
the completion of the pave -in-place project on Ashby Drive; the completion of
Turner Drive; and, that due to the unknown financial impact from the Coronavirus
(COVID-19), the Commissioner of Revenue's revenue projections will be placed in
contingency with no salary increases or full-time employee positions proposed at
this time.
Vice -Chairman Grice remarked that the County is obligated to have a balanced
budget by the middle of May and the Board will be looking at the upcoming
budget in a most conservative manner. He stated that tax revenue from food
services, lodging, etc., which typically represent over a million dollars, may be
curtailed for an indefinite period due to potential impacts to the budget related to
the Coronavirus (COVID-19). He recommends that the 2020-21 budget be
approached with the understanding that the budget will be a flat budget with this
same process to be undertaken by the Schools; that there will be no pay raises or
additional staff hired; and, that staff proceed with the planning process for the
new Hardy Elementary School and arrive at a decision whether to build a new
facility or renovate Westside Elementary School, but will delay in six-month
increments awarding contracts for final design with construction to begin this
fiscal year with no tax increase. He recommended that all other capital projects
not currently underway and financed with this year's monies that are essential for
health and welfare of the County's citizens continue to be planned for but
delayed. He recommended that the Board set a special meeting with the School
Board in January of 2021 for a detailed review of the budget at which time
directional changes can be determined as needed to move forward.
UNFINISHED/OLD BUSINESS
Andrea Clontz, Emergency Management Coordinator, updated the Board on
advisories from the Center for Disease Control and the Virginia Department of
Health in response to COVID-19 (coronavirus). She relayed that the Governor is
recommending the size of public gatherings be further reduced and all non-
essential gatherings of more than 10 people be avoided; that persons 65 years or
older and those with chronic health conditions self -isolate; that social distancing
be increased; that restaurants, fitness centers and theatres reduce their capacity
to ten patrons or close; that restaurants be encouraged to continue carry -out
options; that the waiting time be reduced for unemployment benefits with fewer
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restrictions; that support be available for impacted employers; that DMV offices
be closed with on-line services available; that all non-essential court proceedings
and all District and Circuit courts be suspended; and, that utilities suspend service
disconnections for at least 60 days. She advised that County offices are now
closed to the general public; that staff continues to report to work; and, that
services are being accessed by phone or on-line services. She advised that COVID-
19 signage has been installed at Nike Park and that a 10 person limited is being
requested on the basketball courts, at the skate park and the County's refuse
centers. She advised that Heritage Fairgrounds has been identified as a potential
drive through and testing site in coordination with the Virginia Department of
Health should a site be needed.. She advised that fire and emergency services
agencies are operating under a coordinated COVID-19 response plan and station
guidelines have been standardized amongst the departments. She concluded that
the Animal Control Department is responding to calls for service and working with
other agencies to move the animals out of the shelter.
Vice -Chairman Grice recommended flyers be developed for posting at various
stores and convenience centers for those without internet access.
Captain Ron Bryan, Emergency Communications Center Director, reported that
the Sheriff's office is now taking reports over the telephone that would normally
be done in person in order to limit the exposure to deputies.
Supervisor McCarty moved that the following Resolution be adopted:
RESOLUTION DECLARING A LOCAL EMERGENCY
TO EXIST IN ISLE OF WIGHT COUNTY, VIRGINIA
WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, does
hereby find as follows:
1. That due to the outbreak of COVID-19 causing conditions of extreme peril to
the lives, health, and safety of the residents of Isle of Wight County;
2. That as a result of this extreme peril, the director of emergency management
declared a state of emergency for Isle of Wight County on March 13, 2020
which must be ratified in accordance with Section 44-146.21 of the Code of
Virginia in order to permit the full powers of government to deal effectively
with this condition of peril.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of
Isle of Wight, Virginia, hereby ratifies the declaration of local emergency issued by
the director of emergency management for the County of Isle of Wight on March
13, 2020 and the anticipated effects of COVID-19 constitute a disaster within the
County of Isle of Wight.
BE IT FURTHER RESOLVED that during the existence of this emergency the
powers, functions, and duties of the director of emergency management and the
emergency services organization and functions of the County of Isle of Wight shall
be those prescribed by the laws of the Commonwealth of Virginia and the
ordinances, resolutions, and approved plans of the County of Isle of Wight in
order to mitigate the effects of said emergency.
BE IT FURTHER RESOLVED that this resolution is effective 12:00 p.m. on March 13,
2020 and shall remain in effect until rescinded by the Board of Supervisors as
provided by law.
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 Jones presented a request from the hunt clubs which were
successful bidders of the Blackwater River property to extend their leases to
include the spring turkey season. He advised that the Director of Parks and
Recreation recently met with the Blackwater River Advisory Board regarding their
recommendation on the value of the extensions were $5,000 for the larger
northern tract and $2,500 for the southern tract. He advised that the hunt clubs
offered $1,000 for the northern tract and $750 for the southern tract. He further
advised that the Director of Parks and Recreation has advised him that should
these leases not be approved, he is prepared to begin the work necessary to bring
these properties up to allow for public access.
David Smith, Director of Parks and Recreation, reported on the administrative
steps involved with opening the Blackwater River property up to the public.
Vice -Chairman Grice moved to deny the extension and for staff to proceed with
the work to open the Blackwater River property up to the public. 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 proposed budget calendar for the
FY2020-21 Operating & Capital budgets.
Supervisor McCarty moved that the following FY2020-21 Operating and Capital
Budgets calendar be adopted:
DATE
TIME
MEETING
Thursday, April 2nd
6:00 p.m.
Work Session
Thursday, April 9th
6:00 p.m.
Budget Work Session
Thursday, April 16th
5:00 P.M.
Regular Meeting
Thursday, April 23rd
6:00 p.m.
Budget Public Hearing
Thursday, April 30th
6:00 p.m.
Budget Work Session
Thursday, May 7th
6:00 p.m.
Work Session
Thursday, May 14th
6:00 p.m.
Budget Adoption Mtg
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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.
Vice -Chairman Grice reminded County Administrator Keaton that a date needs to
be set for a Capital Advisory meeting.
County Administrator Keaton presented a Resolution in Support of the
Redesignation of Local Workforce Development Areas 14 and 16 into a New
Single Local Workforce Development Area for the Board's consideration.
Supervisor McCarty moved that the following Resolution be adopted:
A RESOLUTION IN SUPPORT OF
THE REDESIGNATION OF LOCAL WORKFORCE DEVELOPMENT AREAS 14 AND 16
INTO A NEW SINGLE
LOCAL WORKFORCE DEVELOPMENT AREA
WHEREAS, under the Workforce Innovation and Opportunity Act (WIOA), Public
Law 113-128, local workforce development areas (LWDAs) within a planning
region that want to re -designate into a single LWDA shall be given the
opportunity to do so; and,
WHEREAS, the Virginia Board of Workforce Development's Policy, Number 200-
07, entitled, "Process for Requesting LWDA Redesignation: Redesignation
Assistance," effective July 1, 2017, prescribes the process to be followed when a
unit or a combination of units of political sub -divisions request redesignation of
their LWDAs as provided under WIOA; and,
WHEREAS, the Greater Peninsula Workforce Board (GPWB), tasked with
overseeing the delivery of workforce services within LWDA 14 and the Hampton
Roads Workforce Council (HRWC), tasked with overseeing the delivery of
workforce services within LWDA 16, are part of one regional economic ecosystem
serving the fifteen political sub -divisions of Southeastern Virginia; and,
WHEREAS, in September 2018 the GPWB and HRWC executed a Resolution
establishing the Southeastern Virginia Regional Workforce Collaborative whose
purpose was to address the needs of area employers through a collaborative
regional approach, focused upon business engagement strategies, communication
efforts, program development, provision of labor market intelligence, veteran
transition support and emerging workforce initiatives; and,
WHEREAS, the work of the Collaborative has resulted in a significant number of
successful undertakings to include the creation of a Joint Business Services Team
that has assisted over 4,000 employers, the implementation of a fundraising
initiative which raised over $250,000 in new private resources, the award of a
$100,000 GO Virginia Grant to establish the Hampton Roads Coalition for Talent,
and the publication of a regional economic impact report• that concluded there
was a $4.30 return on investment for each $1.00 spent by the region's two
workforce boards.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight
County, Virginia that the request of the GPWB and HRWC to be re -designated into
a new, single LWDA to oversee the delivery of workforce development services
within the fifteen political subdivisions located within Southeastern Virginia, as
prescribed under WIOA, be approved for submission to the Virginia Board of
Workforce Development and subsequent action by the Governor of the
Commonwealth of Virginia.
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.
Regarding the formation of a broadband taskforce to address internet availability
throughout the County which was added to the agenda under Approval of the
Agenda, Vice -Chairman Grice moved that a Broadband Taskforce be created and
that the parameters be established at a future work session. 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.
ADJOURNMENT
At 10:10 p.m., Chairman Acree declared the meeting adjourned.
.t. '_.�. it
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Joel C. Acree, a' n