July 16th, 2015 Full AgendaAgenda
Board of Supervisors
Isle of Wight County
July 16, 2015
1. Call to Order (5:00 p.m.)
2. Closed Meeting
3. Invocation – The Honorable Rex W. Alphin/Pledge of
Allegiance (6:00 p.m.)
4. Approval of Agenda
5. Consent Agenda
A. June 3, 2015 Continued Meeting Minutes
B. June 18, 2015 Regular Meeting Minutes
6. Regional Reports
7. Appointments
8. Special Presentations
A. Resolution of Appreciation for Members of the County
Sesquicentennial Committee
B. VDOT Presentation – Franklin Residency Maintenance Update
9. Citizens’ Comments
10. Public Hearings
A. Motion – Approval of a Conditional Use Permit for 17541 Scott’s
Factory Road to Allow for Custom Manufacturing on the Site
B. Motion – Approval of Conditional Use Permit to Allow a Car
Wash on Parcel 9C-2 of Eagle Harbor Subdivision, Eagle Harbor
Parkway
C. Resolution – Approving the Amendment of the Comprehensive
Plan to Provide for Land Use Changes in Accordance with the
ISLE 2040 Plan
D. Ordinance – Amendment and Reenactment of Isle of Wight
County Code to Provide for Revisions Based on the ISLE 2040
Plan
11. County Attorney’s Report
Petition for the Payment of Contributions to the Carrollton and Windsor
Volunteer Fire Departments
12. County Administrator’s Report
A. Resolution – Approving the Financing of Energy Efficiency
Improvements by the Western Tidewater Regional Jail Authority
B. Staff Report – Camptown Service District Update
C. Board of Supervisors Strategic Planning Meeting
D. Request for Change in August 2015 Meeting Date
E. Request for a Fire and Emergency Medical Services Board Study
F. Informational Items
a. Monthly Reports: Tax Levies & Collections as of June 2015;
Cash Position; and, Statement of the Treasurer’s
Accountability
b. Isle of Wight County Monthly Fire/EMS Call Summary and
Other Statistics FY 2014/2015
c. Isle of Wight Sheriff’s Monthly Activity Report/June 2015
d. Isle of Wight Cooperative Extension Monthly Activity
Report/June
e. Isle of Wight Website Statistics/June 2015
f. Solid Waste Division Litter Pickup
g. Correspondence from Chamber of Commerce - Cary and
Main Development
13. Unfinished/Old Business
Impact of Annexation
14. New Business
15. Adjournment
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CONTINUED JOINT MEETING OF THE ISLE OF WIGHT COUNTY
BOARD OF SUPERVISORS AND THE ISLE OF WIGHT COUNTY
PLANNING COMMISSION HELD THE THIRD DAY OF JUNE IN THE
YEAR TWO THOUSAND AND FIFTEEN IN THE ROBERT C. CLAUD,
SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE
PRESENT: Delores C. Darden
Rudolph Jefferson
ABSENT: Rex W. Alphin
Byron B. Bailey
Al Casteen
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
Vice Chairman Darden called the continued meeting to order at 6:00 p.m. for
the purpose of conducting a joint meeting with the Planning Commission
regarding the ISLE2040 Plan.
The meeting was adjourned following a determination that the Board did not
have a quorum of its members present.
__________________________
Rex W. Alphin, Chairman
________________________
Carey Mills Storm, Clerk
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE EIGHTEENTH DAY OF IN THE YEAR
TWO THOUSAND AND FIFTEEN IN THE ROBERT C. CLAUD, SR.
BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE
PRESENT: Rex W. Alphin, Chairman
Delores C. Darden, Vice-Chairman
Rudolph Jefferson
Alan E. Casteen
Byron B. Bailey
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
At 5:00 p.m., the Chairman called the meeting to order.
CLOSED MEETING
County Attorney Popovich requested a closed meeting pursuant to Section
2.2-3711(A)(1) of the Code of Virginia concerning a discussion regarding the
appointees to County boards/committees/authorities; pursuant to Section 2.2-
3711(A)(1) regarding discussion of performance of two specific public
appointees; and, pursuant to Section 2.2-3711(A)(7) concerning consultation
with legal counsel employed and retained by this public body regarding
specific legal matters requiring the provision of legal advice by such counsel
related to actual litigation regarding the proposed waterline to the Gatling
Pointe Subdivision.
Supervisor Casteen moved that the Board enter the closed meeting for the
reasons stated. The motion was adopted by a vote of (5-0) with Supervisors
Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bailey moved that the Board return to open meeting. The motion
was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson,
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Casteen and Bailey voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Casteen moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Alphin, Darden, Jefferson, Casteen and Bailey
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
//
At 6:00 p.m., Supervisor Casteen delivered the invocation and the Pledge of
Allegiance to the Flag was conducted.
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//
APPROVAL OF AGENDA
Supervisor Jefferson moved that the agenda be approved as presented. The
motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden,
Jefferson, Casteen and Bailey voting in favor of the motion and no
Supervisors voting against the motion.
CONSENT AGENDA
Supervisor Darden moved that the following Consent Agenda be adopted:
A. Resolution - Port of Virginia Grant for Tyler’s Beach
B. April 13, 2015 Continued Work Session Meeting Minutes
C. April 16, 2015 Regular Meeting Minutes
D. May 1, 2015 Special Budget Meeting Minutes
E. May 21, 2015 Regular Meeting Minutes
The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden,
Jefferson, Casteen and Bailey voting in favor of the motion and no
Supervisors voting against the motion.
//
REGIONAL REPORTS
Supervisor Darden distributed a pamphlet provided at the most recent
meeting of the Hampton Roads Planning District Commission entitled Little
Big Book of Big Data which illustrates how Isle of Wight County compares
to other localities in the region.
Supervisor Darden reported on the topics discussed at the most recent
meeting of the Hampton Roads Transportation Planning Organization which
included the I-64 widening project, Third-Crossing Study, the
Commonwealth Transportation Board’s Six-Year Plan which emphasizes
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light rail and public transportation; 2040 sea rise level; and, how future roads
will be funded under House Bill 2.
Supervisor Jefferson advised that Chairman Alphin has been appointed the
Chairman of the Western Tidewater Regional Jail Board. He further reported
the Jail is currently at 60% of its bed capacity and has spent approximately
88% of its allocated budget to date. He stated the Jail continues to be well
maintained and managed and the County utilizes Jail inmates for a total of
528 hours and he encouraged continued utilization of inmates for other
projects in the County. He advised that the Authority continues to procure an
energy performance contract and Jail staff received a 2% pay increase and
seven new Jail positions were funded by the State Compensation Board.
APPOINTMENTS
Supervisor Jefferson moved that Timmy Edwards be recommended to the
Circuit Court Judge representing the Hardy District on the Board of
Equalization. The motion was adopted by a vote of (5-0) with Supervisors
Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion
and no Supervisors voting against the motion.
SPECIAL PRESENTATION/APPEARANCE
Mark W. Furlo, Director of Parks and Recreation, presented a Resolution
Designating July as Park and Recreation Month for the Board’s
consideration.
Supervisor Darden moved that the following Resolution be adopted:
Designation of July as Park and Recreation Month
WHEREAS, parks and recreation programs are an integral part of
communities throughout this country, including the County of Isle of Wight,
Virginia; and,
WHEREAS, parks and recreation programs are vitally important to
establishing and maintaining the quality of life in our communities, ensuring
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the health of all citizens, and contributing to the economic and environmental
well-being of the community and region; and,
WHEREAS, parks and recreation programs build healthy, active
communities that aid in the prevention of chronic disease, provide therapeutic
recreation services for those who are mentally or physically disabled, and
also improve the mental and emotional health of all citizens; and,
WHEREAS, parks and recreation programs increase a community’s
economic prosperity through increased property values, expansion of the
local tax base, increased tourism, the attraction and retention of businesses,
and crime reduction; and,
WHEREAS, parks and recreation areas are fundamental to the environmental
well-being of the community; and,
WHEREAS, parks and natural recreation areas improve water quality, protect
groundwater, prevent flooding, improve the quality of the air we breathe,
provide vegetative buffers to development, and produce habitat for wildlife;
and,
WHEREAS, parks and natural recreation areas ensure the ecological beauty
of the community and provide a place for children and adults to connect with
nature and recreate outdoors; and,
WHEREAS, the U.S. House of Representatives has designated July as Parks
and Recreation Month; and,
WHEREAS, Isle of Wight County Parks and Recreation will be hosting
events to celebrate Parks and Recreation Month in Isle of Wight, such as
Movies in the Park at Nike Park and Family Bingo at the Otelia J. Rainey
Community Center; and,
WHEREAS, the Isle of Wight County recognizes the benefits derived from
parks and recreation resources.
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NOW THEREFORE, BE IT RESOLVED BY the Isle of Wight County
Board of Supervisors that July is recognized as Park and Recreation Month in
the County of Isle of Wight.
The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden,
Jefferson, Casteen and Bailey voting in favor of the motion and no
Supervisors voting against the motion.
Donald T. Robertson, Director of Information Resources and Legislative
Affairs, introduced Lanna DeVites, Kathy Ross and Connie Carter, Section 8
Program staff, who were recognized for their efforts in closing out the
administration portion of the Isle of Wight Section 8 Program in a
professional and efficient manner.
County Administrator Seward introduced Tom Elder, the County’s newly
hired Director of Economic Development, who provided an overview of the
information contained in the County’s 2014 Economic Development Activity
Report.
Mr. Elder introduced Blount Hunter, H. Blount Hunter Retail and Real Estate
Research, summarized the findings identified in the Newport Development
Service District Retail analysis dated June 5, 2015.
CITIZENS’ COMMENTS
Albert Burckhardt notified the Board that he had recently been offended by
comments aimed at him by Planning Commissioners following his comments
on the ISLE2040 Plan. He asked the Board to speak with their individual
appointees regarding the way in which he was treated.
Mayor Rita Richardson, Town of Windsor, advised that VDOT has been
incurring numerous problems as it continues its study of the proposed Route
460 realignment. She stated that the cost of the proposed road is increasing
as VDOT finds solutions to its problems and, as a result, the project cost
could end up far exceeding the benefit. She distributed a copy of a resolution
adopted by the Windsor Town Council in March, 2015 opposing the northern
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bypass and requested the Board to consider reversing its resolution of
support.
Brenda Peters of Five Forks Road in Windsor relayed her opposition to the
proposed Route 460 realignment project and requested the Board to rescind
its previously adopted resolution. She specifically cited her opposition to the
proposed northern bypass route around the Town of Windsor.
William Johnson of Windsor spoke in opposition to the proposed northern
bypass around the Town of Windsor. He recommended that the Board
rescind its earlier motion in favor of the northern project route.
Billy Gwaltney of Windsor requested the Board to reconsider its previous
position on the Route 460 project.
Dick Holland of Windsor requested the Board to reconsider its position on
the proposed Route 460 realignment project. He acknowledged Supervisors
Bailey and Casteen for their years of service on the Board and to the
community.
Herb DeGroft of Mill Swamp Road asked Supervisors Bailey and Casteen to
resign from serving on the Western Tidewater Water Authority Board and
begin negotiations for a less onerous water payment schedule on the Norfolk
water agreement.
Shelly Perry spoke against the ISLE2040 Plan.
Joe Eldenfield, Vice President of Administration and Technology, Paul D.
Camp Community College, formally introduced Bill Akin, the College’s new
President.
Betsey Egan, a resident of Smithfield, noted a discrepancy in the numbers
used to calculate the historic rate in the proposed ISLE2040 Plan. She spoke
in support of the Facility Use Agreement signed by most of the County’s
volunteer fire and rescue organizations and she stated that the Route 460
realignment project being proposed by VDOT is not logical
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Responding to comments offered earlier under Citizens Comments by Albert
Burckhardt, Supervisor Darden stated that some of the past comments made
by him and other citizens about the County Administrator and staff have been
malicious, unprofessional and disrespectful. She added if Mr. Burckhardt
wishes to be treated with respect, he must give it in return.
The Board took a five-minutes recess.
PUBLIC HEARINGS
Chairman Alphin called for a public hearing on the following:
A. Conditional Use Permit for Eagle Harbor LLC to Allow for Operation
of a Convenience Store and Gasoline Station at 13511 Carrollton
Boulevard.
Trenton Blow, Planner, provided an overview of the application’s
background.
Chairman Alphin called for persons to speak in favor of or in opposition to
the sale of the building.
Dean Vincent of Gatling Pointe Parkway stated that the proposed site has
been studied for this type of use for many years; the lighting to be used on
this site meets the dark sky initiative; the site has a signal and good access;
the 50-foot setback with respect to the right-of-way to the drive isles provides
an opportunity to landscape; and, he requested the Board approve the request
for a Conditional Use Permit.
Albert Burckard, representing the Carrollton Civic League, advised that the
League voted to welcome 7-Eleven into the Carrollton area.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Supervisor Bailey moved that the Conditional Use Permit be approved as
approved by the Planning Commission. The motion was adopted by a vote of
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(5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting
in favor of the motion and no Supervisors voting against the motion.
Chairman Alphin called for a public hearing on the following:
B. An Exception to the Chesapeake Bay Preservation Area Ordinance,
Appendix B. of the Isle of Wight County Code, to Allow for
Construction of a 14-Foot Wide Pedestrian/Bicycling Path on Nike
Park Road.
Beverly H. Walkup, Director of Planning and Zoning, presented the
exception request with respect to its purpose; its primary funding source; the
five criteria which must be met to qualify for an exception under the
Chesapeake Bay Preservation Area Ordinance. She identified the project
strengths and weaknesses and concluded with the Planning Commission’s
recommendation that the request be approved, as presented.
Chairman Alphin called for persons to speak in favor of or in opposition to
the exception.
Garrett Edwards of Nike Park Road expressed a concern that his father was
not contacted in the past by a County representative regarding the
development of such a bike path on his family’s 100 year-old farm in Nike
Park. He stated rather than using imminent domain, the bike path trail could
easily be moved across the roadway to a site that wants to build homes. He
stated his and other families along this route are not being taken into
consideration as there are other options that could be taken to get the bike
path there. He stated he could support the bike path if he was convinced that
in 20 years from now there would be a four-lane road at that site. He stated
that his family is at the County’s mercy and he asked the Board not to
approve the bike trail and take his family’s land.
Albert Burckard of the Newport District stated the County is asking
permission to violate the Chesapeake Bay Preservation Area Ordinance and
he asked the Board to consider how it will be viewed by the public if the
Board votes unanimously to approve this request and how such action could
set a precedent. He asked the Board to give consideration to voting (3-2), the
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two descending votes, signaling that the Board is not against the Chesapeake
Bay.
Bill Hertford of Waterfront Lane requested clarification whether the bike path
would cross the creek and, if so, what is the proposed bridge height.
Cindy Taylor, Planning Commission member, provided background
information on the Chesapeake Bay Preservation Area regulations and
submitted that this exception request represents exactly the type of request
that was envisioned by the first Chesapeake Bay Local Assistance Board was
developing its regulations.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Supervisor Bailey commented that he is not in favor of building this bike
path; however, if built, it should be built on the other side of the roadway and
not on the proposed 500 acres of waterfront property. He stated the Edwards
are prominent citizens who have contributed to the community all of their
lives.
Responsive to Chairman Alphin, Jamie Oliver, Transportation Planner,
advised that the bridge will be at least an average of three feet higher than the
existing vehicular bridge clearance up to 12 feet where it crosses the wetlands
and will improve boat traffic.
Chairman Alphin requested Ms. Oliver to address the stated concern that if
this road is widened and the path demolished making it of no use at that time.
Ms. Oliver advised that plans for the widening of the road do include the
incorporation of a multi-use path to the roadside and it would be her belief
that the path will either be in existence or would be refreshed as that project
moves forward.
Supervisor Casteen moved that the exception be granted. The motion was
adopted by a vote of (4-1) with Supervisors Alphin, Darden, Jefferson and
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Casteen voting in favor of the motion and Supervisor Bailey voting against
the motion.
Chairman Alphin called for a public hearing on the following:
C. Ordinance – Renewal of the Longview Agricultural District and
Amendment and Reenactment of Appendix D of the County Code
County Attorney Popovich recommended favorable consideration of the
renewal which is required by the Code of Virginia to be renewed ever ten
years and will expire on June 21, 2015.
Chairman Alphin called for persons to speak in favor of or in opposition to
the proposed amendment.
John Butler of Woodland Drive in Windsor appeared and spoke in favor of
the renewal as it preserves green land in the County.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Supervisor Darden moved that the renewal of the Longview agricultural
district for an additional 10 year period be approved and that the Chairman be
authorized to execute the revised ordinance as presented. The motion was
adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson,
Casteen and Bailey voting in favor of the motion and no Supervisors voting
against the motion.
Chairman Alphin called for a public hearing on the following:
D. Resolution of the Board of Supervisors of Isle of Wight County
Virginia, Authorizing the Conveyance of Real Property to VDOT
County Attorney Popovich presented a request from VDOT for the approval
of a Quick Claim Deed in order to correct a discrepancy in recorded
documents in the Circuit Court Clerk’s Office and complete the conveyance
of underlying land to VDOT.
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Chairman Alphin called for persons to speak in favor of or in opposition to
the proposed amendment.
No one appeared and spoke.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Supervisor Casteen moved that the following Resolution be adopted and that
the Chairman be authorized to execute any and all documents necessary to
effectuate the conveyance of the necessary right-of-way:
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF
WIGHT COUNTY VIRGINIA, AUTHORIZING THE CONVEYANCE OF
REAL PROPERTY TO THE VIRGINIA DEPARTMENT OF
TRANPORTATION
WHEREAS, the Virginia Department of Transportation (“VDOT”) has
requested the conveyance of certain real property in fee simple in order to
correct inaccuracies that have been found in the original conveyance of right-
of-way along Route 621 as part of VDOT’s road improvement efforts
thereon; and,
WHEREAS, the Isle of Wight County Board of Supervisors has determined
that it is advisable to correct said inaccuracies by quitclaim deed to VDOT of
that certain portion of land in fee simple owned by the Isle of Wight County
Board of Supervisors along Route 621, commonly referred to as Mill Swamp
Road, for VDOT’s use in providing an improved roadway thereon; and,
WHEREAS, the Isle of Wight County Board of Supervisors has determined
that it is in the best interests of the residents of Isle of Wight County to grant
to VDOT the requested real property and rights.
NOW, THEREFORE BE IT RESOLVED by the Isle of Wight County Board
of Supervisors that it has carefully and diligently investigated and considered
the need and desirability for the requested property and rights and public road
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improvements requested by VDOT and found that it is in the best interest of
the residents of Isle of Wight County, Virginia and in support thereof, the Isle
of Wight County of Supervisors does hereby approves the request of VDOT;
and,
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Chairman of
Isle of Wight County Board of Supervisors is hereby authorized to execute all
documents necessary to effectuate this Resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED that a certified copy
of this resolution be forwarded to the Land Use Division for the Virginia
Department of Transportation.
The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden,
Jefferson, Casteen and Bailey voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Alphin called for a public hearing on the following:
E. Amend and Reenact Chapter 10 – Licenses, Article II, License Tax
Schedule, Sections 10-20, 10-27, 10-32 of the County Code
County Attorney Popovich presented an amendment in order to clarify
through the words of the Ordinance the intended purpose which was to set a
dollar limit of $49,999 versus how it is currently written at $49,499.
Chairman Alphin called for persons to speak in favor of or in opposition to
the proposed amendment.
No one appeared and spoke.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Supervisor Darden moved that the following Ordinance be adopted:
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AN ORDINANCE TO AMEND AND REENACT CHAPTER 10, LICENSES,
ARTICLE II. LICENSE TAX SCHEDULE, SECTIONS 10-20, 10-27, AND 10-32
OF THE ISLE OF WIGHT COUNTY CODE
WHEREAS, the Board of Supervisors adopted an ordinance to amend and reenact
Chapter 10, Licenses, Article II. License Tax Schedule, Sections 10-15, 10-20,
10-26, and 10-27, and 10-32 as part of the adopted Fiscal Year 2015-2016
Operating & Capital Budget; and,
WHEREAS, the threshold for gross receipts in Sections 10-20, 10-27, and 10-32
require amendments to ensure consistency with the other sections of
Chapter 10.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Isle of
Wight County that Chapter 10, Licenses, Article II. License Tax Schedule,
Sections 10-20, 10-27, and 10-32 of the Isle of Wight County Code are amended
and reenacted as follows:
Chapter 10. – Licenses, Article II. – License Tax Schedule
Division 3 – Retail Sales.
Sec. 10-20. - Amount of tax.
The license tax on each retail merchant or other person engaged in retail sales shall
be either fifty dollars when gross receipts are between four thousand dollars and
forty nine four thousand nine hundred ninety nine dollars or twenty cents per one
hundred dollars of gross receipts when said gross receipts are fifty thousand dollars
or more, whichever is greater. (Ord. No. 2010-14-C, 9-23-10; 5-1-15; 6-18-15.)
Division 6. - Financial, Real Estate and Professional Services.
Sec. 10-27. - Amount of tax.
The license tax on each person engaged in financial, real estate or professional
services shall be either fifty dollars when gross receipts are between four thousand
dollars and forty nine four thousand nine hundred ninety nine dollars or fifty eight
cents per one hundred dollars of gross receipts when said gross receipts are fifty
thousand dollars or more, whichever is greater. (4-21-88, § 56; 12-19-96; 5-1-15;
6-18-15.)
Division 7. - Repair, Personal, Business and Other Services.
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Sec. 10-32. - Amount of tax.
The license tax on each person engaged in any repair, personal or business service
or any other business, occupation or service not taxes taxed under any other
division of this chapter shall be either fifty dollars when said gross receipts are
between four thousand dollars and forty nine four thousand nine hundred
ninety nine dollars or thirty-six cents per one hundred dollars of gross receipts
when said gross receipts are fifty thousand dollars or more, whichever is greater.
(4-21-88, § 66; 12-19-96; 5-1-15; 6-18-15.)
BE IT FURTHER ORDAINED that the aforementioned tax rates shall be effective
July 1, 2015.
BE IT FURTHER ORDAINED that this Ordinance be entered in the Minutes of
this Board of Supervisors and that a copy thereof by the Clerk of this Board, be
furnished to the Treasurer of this County.
The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden,
Jefferson, Casteen and Bailey voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Alphin called for a public hearing on the following:
F. Code Corrections to Animals and Fowl, Amendment and Reenactment
of Chapter 3 of the County Code
County Attorney Popovich presented a complete rewrite of Chapter 3 of the
County Code which was amended in order to comply with the provisions of
the Code of Virginia. He advised that at the request of the County’s Animal
Control Officer, he has incorporated a revision pertaining to running at large
livestock which sets property line boundaries as the fence line and allows for
a penalty to be fined for owners who continually allow their livestock to run
at large beyond the limits of their property line.
Chairman Alphin called for persons to speak in favor of or in opposition to
the proposed amendment.
No one appeared and spoke.
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Chairman Alphin closed the public hearing and called for comments from the
Board.
Supervisor Darden expressed a concern that the proposed language, as
written, may not allow a responding officer sufficient leeway regarding the
issuance of a ticket for a first offense.
Chief Animal Control Officer Wilson advised that as currently written, the
Ordinance does not provide Animal Control Officers any strength to
prosecute repeat offenders and there are repeat offenders who his Department
has attempted to work with, but not received voluntary compliance from. He
added the provision also includes fowl and protects both the public and
animals from entering the roadway and being hit by vehicles and associated
liabilities. He advised that the Animal Control Officer investigating the
circumstance has the same discretion as a Deputy with regard to whether or
not a ticket is issued or a warning is appropriate in a given circumstance.
Chairman Alphin moved that the Ordinance be adopted.
Supervisor Darden expressed concern that her animals getting loose would be
against the law and livestock owners could be taken to court as there is no
exception in the law.
Chairman Alphin withdrew his motion.
Following advisement by County Attorney Popovich that any Ordinance can
be revised at any time depending on the desire of the governing body. He
stated if adopted in its current language and later issues arise concerning how
the Ordinance is or is not being applied, the matter can be revisited at that
time.
Chief Animal Control Officer Wilson advised that the inclusion of language
relating to a first or second offense does not provide his Officers with
discretion. He stated there may be a reason that a first or second offense
should be given discretion, but if the Code of Virginia is written for just two
chances of discretion, then the Officer may have to issue a summons.
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Supervisor Casteen commented that including a first or second offense may
actually impair the discretion of the Officer to make a third discretion and he
moved that the Ordinance be adopted.
Supervisor Jefferson agreed that the Ordinance should contain language
giving the Officer leeway on whether to issue a summons.
Following discussion by the Board regarding postponing action on the
Ordinance at this time so that the County Attorney can develop appropriate
language to address the concerns expressed by the Board, Chief Animal
Control Officer Wilson recommended that Section 3-19.D be extracted and
the remaining sections of the Ordinance be adopted.
Supervisor Casteen moved that the Ordinance be adopted, then revised his
motion following a recommendation from Animal Control Officer Wilson to
adopt the following Ordinance with the extraction of Section 3-19.D:
AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT
COUNTY CODE BY AMENDING AND REENACTING CHAPTER 3.
ANIMALS AND FOWL
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia,
deems it necessary to update its local ordinance related to animals and fowl to
conform to those provisions set forth in the Code of Virginia (1950, as
amended);
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Chapter 3. Animals and Fowl be amended and
reenacted as follows:
CHAPTER 3. - ANIMALS AND FOWL.*
*Prior ordinance history: Ords. dated 2-16-84, 6-6-85, 7-2-87, 3-17-88, 6-16-
88, 9-21-89, 4-5-90, 2-17-94, 7-15-99 and 12-16-99.
Article I. - In General.
Sec. 3-1. - Definitions.
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The following words as used in this chapter shall have the following
meanings:
Abandon.\To desert, forsake, or absolutely give up an animal without having
secured another owner or custodian for the animal or by failing to provide the
elements of basic care, as set forth in Section 3-8, for a period of five (5)
consecutive days.
Adequate care or care.\The responsible practice of good animal husbandry,
handling, production, management, confinement, feeding, watering,
protection, shelter, transportation, treatment, and, when necessary,
euthanasia, appropriate for the age, species, condition, size and type of the
animal and the provision of veterinary care when needed to prevent suffering
or impairment of health.
Adequate confinement.\That, while on the property of its owner and not
under the direct supervision and control of the owner or custodian, a hybrid
canine shall be confined in a humane manner in a securely enclosed and
locked structure of sufficient height and design to: (i) prevent the animal's
escape; or if the hybrid canine is determined to be a dangerous dog pursuant
to Section 3-24, the structure shall prevent direct contact with any person or
animal not authorized by the owner to be in direct contact with the hybrid
canine; and (ii) provide a minimum of one hundred square feet of floor space
for each adult animal. Tethering of a hybrid canine not under the direct
supervision and control of the owner or custodian shall not be considered
adequate confinement.
Adequate exercise or exercise. The opportunity for the animal to move
sufficiently to maintain normal muscle tone and mass for the age, species,
size, and condition of the animal.
Adequate feed.\Access to and the provision of food that is of sufficient
quantity and nutritive value to maintain each animal in good health; is
accessible to each animal; is prepared so as to permit ease of consumption for
the age, species, condition, size and type of animal; is provided in a clean and
sanitary manner; is placed so as to minimize contamination by excrement and
pests; and is provided at suitable intervals for the species, age, and condition
19
of the animal, but at least once daily, except as prescribed by a veterinarian or
as dictated by naturally occurring states of hibernation or fasting normal for
the species.
Adequate shelter.\Provision of and access to shelter that is suitable for the
species, age, condition, size, and type of each animal; provides adequate
space for each animal; is safe and protects each animal from injury, rain,
sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical
suffering, and impairment of health; is properly lighted; is properly cleaned;
enables each animal to be clean and dry, except when detrimental to the
species; and, for dogs and cats, provides a solid surface, resting platform,
pad, floormat, or similar device that is large enough for the animal to lie on in
a normal manner and can be maintained in a sanitary manner. Under this
chapter, shelters whose wire, grid, or slat floors: (i) permit animals' feet to
pass through the openings; (ii) sag under the animals' weight; or (iii)
otherwise do not protect the animals' feet or toes from injury are not adequate
shelter.
Adequate space.\Sufficient space to allow each animal to: (i) easily stand, sit,
lie, turn about, and make all other normal body movements in a comfortable,
normal position for the animal; and (ii) interact safely with other animals in
the enclosure. When an animal is tethered, "adequate space" means a tether
that permits the above actions and is appropriate to the age and size of the
animal; is attached to the animal by a properly applied collar, halter, or
harness configured so as to protect the animal from injury and prevent the
animal or tether from becoming entangled with other objects or animals, or
from extending over an object or edge that could result in the strangulation or
injury of the animal; and is at least three times the length of the animal, as
measured from the tip of its nose to the base of its tail, except when the
animal is being walked on a leash or is attached by a tether to a lead line.
When freedom of movement would endanger the animal, temporarily and
appropriately restricting movement of the animal according to professionally
accepted standards for the species is considered provision of adequate space.
Adequate water.\Provision of and access to clean, fresh, potable water of a
drinkable temperature which is provided in a suitable manner, in sufficient
volume, and at suitable intervals appropriate for the weather and temperature,
but at least once every twelve (12) hours, to maintain normal hydration for
20
the age, species, condition, size and type of each animal, except as prescribed
by a veterinarian or as dictated by naturally occurring states of hibernation or
fasting normal for the species; and is provided in clean, durable receptacles
which are accessible to each animal and are placed so as to minimize
contamination of the water by excrement and pests or an alternative source of
hydration consistent with the generally accepted husbandry practices.
Adoption.\The transfer of ownership of a dog or cat, or any other companion
animal, from a releasing agency to an individual.
Agricultural animals.\All livestock and poultry.
Ambient temperature.\The temperature surrounding the animal.
Animal.\Any nonhuman vertebrate species except fish. For the purposes of
Section 3-25, "animal" means any species susceptible to rabies. For the
purposes of Section 3-29, "animal" means any nonhuman vertebrate species
including fish except those fish captured and killed or disposed of in a
reasonable and customary manner.
Animal control officer.\A person appointed as an animal control officer or
deputy animal control officer as provided in Section 3-2.
Animal shelter.\A facility, other than a private residential dwelling and its
surrounding grounds, that is used to house or contain animals and that is
owned, operated, or maintained by a nongovernmental entity including, but
not limited to, a humane society, animal welfare organization, society for the
prevention of cruelty to animals, or any other organization operating for the
purpose of finding permanent adoptive homes for animals.
Boarding establishment.\A place or establishment other than a public or
private animal shelter where companion animals not owned by the proprietor
are sheltered, fed, and watered in exchange for a fee.
Collar.\A well-fitted device, appropriate to the age and size of the animal,
attached to the animal's neck in such a way as to prevent trauma or injury to
the animal.
21
Commercial dog breeder.\Any person who, during any 12-month period,
maintains 30 or more adult female dogs for the primary purpose of the sale of
their offspring as companion animals.
Companion animal.\Any domestic or feral dog, domestic or feral cat,
nonhuman primate, guinea pig, hamster, rabbit not raised for human food or
fiber, exotic or native animal, reptile, exotic or native bird, or any feral
animal or any animal under the care, custody, or ownership of a person or
any animal that is bought, sold, traded, or bartered by any person.
Agricultural animals, game species, or any animals regulated under federal
law as research animals shall not be considered companion animals for the
purposes of this chapter.
Consumer.\Any natural person purchasing an animal from a dealer or pet
shop or hiring the services of a boarding establishment. The term "consumer"
shall not include a business or corporation engaged in sales or services.
Dealer.\Any person who in the regular course of business for compensation
or profit buys, sells, transfers, exchanges, or barters companion animals. The
following shall not be considered dealers: (i) any person who transports
companion animals in the regular course of business as a common carrier; or
(ii) any person or organization whose primary purpose is to find permanent
adoptive homes for companion animals.
Direct and immediate threat.\Any clear and imminent danger to an animal's
health, safety, or life.
Dump.\To knowingly desert, forsake, or absolutely give up without having
secured another owner or custodian any dog, cat or other companion animal
in any public place including the right-of-way of any public highway, road or
street or on the property of another.
Emergency veterinary treatment.\Veterinary treatment to stabilize a life-
threatening condition, alleviate suffering, prevent further disease
transmission, or prevent further disease progression.
22
Enclosure.\A structure used to house or restrict animals from running at large.
Euthanasia.\The humane destruction of an animal accomplished by a method
that involves instantaneous unconsciousness and immediate death or by a
method that involves anesthesia, produced by an agent which causes painless
loss of consciousness, and death during such loss of consciousness.
Exhibitor.\Any person who has animals for or on public display, excluding an
exhibitor licensed by the United States Department of Agriculture.
Facility.\A building or portion thereof as designated by the State
Veterinarian, other than a private residential dwelling and its surrounding
grounds, that is used to contain a primary enclosure or enclosures in which
animals are housed or kept.
Foster care provider.\A person who provides care or rehabilitation for
companion animals through an affiliation with a public or private animal
shelter, home-based rescue, releasing agency, or other animal welfare
organization.
Foster home.\A private residential dwelling and its surrounding grounds, or
any facility other than a public or private animal shelter, at which site through
an affiliation with a public or private animal shelter, home-based rescue,
releasing agency, or other other animal welfare organization care or
rehabilitation is provided for companion animals.
Groomer.\Any person who, for a fee, cleans, trims, brushes, makes neat,
manicures, or treats for external parasites any animal.
Home-based rescue.\An animal welfare organization that takes custody of
companion animals for the purpose of facilitating adoption and houses such
companion animals in a foster home or a system of foster homes.
Humane.\Any action taken in consideration of and with the intent to provide
for the animal's health and well-being.
23
Humane investigator.\A person who has been appointed by a circuit court as
a humane investigator as provided in Section 3.2-6558 of the Code of
Virginia (1950, as amended).
Humane society.\Any incorporated, nonprofit organization that is organized
for the purposes of preventing cruelty to animals and promoting humane care
and treatment or adoptions of animals.
Hybrid canine.\Any animal that is or can be demonstrated to be a hybrid of
the domestic dog and other species of the Canidae family; that at any time
has been permitted, registered, licensed, or advertised as such by its owner to
a licensed veterinarian, law-enforcement officer, animal control officer,
humane investigator, official of the Department of Health or State
Veterinarian’s representative.
Kennel.\Any establishment in which five (5) or more canines, felines, or
hybrids of either are kept for the purpose of breeding, hunting, training,
renting, buying, boarding, selling, or showing.
Law-enforcement officer.\Any person who is a full-time or part-time
employee of a police department or sheriff's office that is part of or
administered by the Commonwealth or any political subdivision thereof and
who is responsible for the prevention and detection of crime and the
enforcement of the penal, traffic or highway laws of the Commonwealth.
Part-time employees are compensated officers who are not full-time
employees as defined by the employing police department or sheriff's office.
Livestock.\Includes all domestic or domesticated: bovine animals; equine
animals; ovine animals; porcine animals; cervidae animals; capradae animals;
animals of the genus Lama; ratites; fish or shellfish in aquaculture facilities,
as defined in Section 3.2-2600 of the Code of Virginia (1950, as amended);
enclosed domesticated rabbits or hares raised for human food or fiber; or any
other individual animal specifically raised for food or fiber, except
companion animals.
New owner.\An individual who is legally competent to enter into a binding
agreement and who adopts or receives a dog or cat from a releasing agency or
pet shop.
24
Other officer.\Includes all other persons employed or elected by the people of
Virginia, or by any municipality, county, or incorporated town thereof, whose
duty it is to preserve the peace, to make arrests, or to enforce the law.
Owner.\Any person who: (i) has a right of property in an animal; (ii) keeps or
harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of
an animal.
Person.\Any individual, partnership, firm, joint-stock company, corporation,
association, trust, estate, or other legal entity.
Pet shop.\An establishment where companion animals are bought, sold,
exchanged, or offered for sale or exchange to the general public.
Poultry.\Includes all domestic fowl and game birds raised in captivity.
Primary enclosure.\Any structure used to immediately restrict an animal or
animals to a limited amount of space, such as a room, pen, cage,
compartment, or hutch. For tethered animals, the term includes the shelter
and the area within reach of the tether.
Private animal shelter.\A facility that is used to house or contain animals and
that is owned or operated by an incorporated, nonprofit, and
nongovernmental entity, including a humane society, animal welfare
organization, society for the prevention of cruelty to animals, or any other
organization operating for the purpose of finding permanent adoptive homes
for animals.
Properly cleaned.\That carcasses, debris, food waste and excrement are
removed from the primary enclosure with sufficient frequency to minimize
the animals' contact with the above-mentioned contaminants; the primary
enclosure is sanitized with sufficient frequency to minimize odors and the
hazards of disease; and the primary enclosure is cleaned so as to prevent the
animals confined therein from being directly or indirectly sprayed with the
stream of water, or directly or indirectly exposed to hazardous chemicals or
disinfectants.
25
Properly lighted.\When referring to a facility, means sufficient illumination to
permit routine inspections, maintenance, cleaning, and housekeeping of the
facility, and observation of the animals; to provide regular diurnal lighting
cycles of either natural or artificial light, uniformly diffused throughout the
facility; and to promote the well-being of the animals. "Properly lighted,"
when referring to a private residential dwelling and its surrounding grounds,
means sufficient illumination to permit routine maintenance and cleaning
thereof, and observation of the companion animals; and to provide regular
diurnal lighting cycles of either natural or artificial light to promote the well-
being of the animals.
Public animal shelter.\A facility operated by the Commonwealth, or any
locality, for the purpose of impounding or sheltering seized, stray, homeless,
abandoned, unwanted, or surrendered animals or a facility operated for the
same purpose under a contract with any locality.
Releasing agency.\A public animal shelter or a private animal shelter,
humane society, animal welfare organization, society for the prevention of
cruelty to animals, or other similar entity or home-based rescue, that releases
companion animals for adoption.
Research facility.\Any place, laboratory, or institution licensed by the U.S.
Department of Agriculture at which scientific tests, experiments, or
investigations involving the use of living animals are carried out, conducted,
or attempted.
Responsible ownership.\The ownership and humane care of a hybrid canine
in such a manner as to comply with all laws and ordinances regarding hybrid
canines and prevent endangerment by the animal to public health and safety.
Sanitize.\To make physically clean and to remove and destroy, to a practical
minimum, agents injurious to health.
Sore.\When referring to an equine, that an irritating or blistering agent has
been applied, internally or externally, by a person to any limb or foot of an
equine; any burn, cut, or laceration that has been inflicted by a person to any
26
limb or foot of an equine; any tack, nail, screw, or chemical agent that has
been injected by a person into or used by a person on any limb or foot of an
equine; any other substance or device that has been used by a person on any
limb or foot of an equine; or a person has engaged in a practice involving an
equine, and as a result of such application, infliction, injection, use, or
practice, such equine suffers, or can reasonably be expected to suffer,
physical pain or distress, inflammation, or lameness when walking, trotting,
or otherwise moving, except that such term does not include such an
application, infliction, injection, use, or practice in connection with the
therapeutic treatment of an equine by or under the supervision of a licensed
veterinarian. Notwithstanding anything contained herein to the contrary,
nothing shall preclude the shoeing, use of pads, and use of action devices as
permitted by 9 C.F.R. Part 11.2.
State veterinarian.\The veterinarian employed by the Commissioner of
Agriculture and Consumer Services as provided in Section 3.2-5901 of the
Code of Virginia (1950, as amended).
State veterinarian's representative.\An employee of the Department of
Agriculture and Consumer Services who is under the direction of the state
veterinarian.
Sterilize or sterilization.\A surgical or chemical procedure performed by a
licensed veterinarian that renders a dog or cat permanently incapable of
reproducing.
Treasurer.\Includes the treasurer and his or her assistants of Isle of Wight
County, Virginia or other officer designated by law to collect taxes in Isle of
Wight County.
Treatment or adequate treatment.\The responsible handling or transportation
of animals in the person's ownership, custody or charge, appropriate for the
age, species, condition, size and type of the animal.
Veterinary treatment.\Treatment by or on the order of a duly licensed
veterinarian.
27
Weaned.\An animal that is capable of and physiologically accustomed to
ingestion of solid food or food customary for the adult of the species, and has
ingested such food, without nursing, for a period of at least five (5) days. (11-
18-04;-----.)
(STATE LAW REFERENCE—Sec. 3.2-6500 of the Code of Virginia (1950,
as amended).)
Sec. 3-2. – Duties and authority of animal control officers.
(a) By authority of the Board of Supervisors, the county shall employ an
animal control officer and one (1) or more deputy animal control officers who
shall have the power to enforce this entire chapter and all state laws enacted
for animal control and protection.
(b) The animal control officer and deputy animal control officers shall
have a working knowledge of this chapter and of animal control and
protection laws of the Commonwealth of Virginia which they are required to
enforce. When in uniform or upon displaying a badge or other credentials of
office, the animal control officers and deputy animal control officers shall
have the power to issue a summons or obtain a felony warrant as necessary,
providing the execution of such warrant shall be carried out by any law
enforcement officer as more specifically defined in Section 9.1-101 of the
Code of Virginia (1950, as amended), to any person found in the act of
violating any such law or any ordinance enacted pursuant to such law of the
county.
(c) Nothing in this section shall be construed to prevent the issuance of a
warrant for any violation of this chapter based upon the complaint of any
citizen or any law enforcement officer and upon a finding of probable cause
by an officer authorized to issue arrest warrants generally.
(d) No individual shall interfere with an animal control officer in the legal
performance of his or her duties. This includes, but is not limited to, striking
or attempting to strike the animal control officer; providing the animal
control officer with false information; taking or attempting to take any animal
from an animal control officer in the legal performance of his or her duties;
28
taking or attempting to take any animal from any property owned or
controlled by the county without proper authority or taking or damaging any
county property used in conjunction with the animal control officer’s duties.
(e) It shall be unlawful and shall constitute a Class 2 misdemeanor for any
person to make a false statement to an animal control officer while in the
performance of their duties conducting an investigation.
(STATE LAW REFERENCE—Sec. 3.2-6555 of the Code of Virginia (1950,
as amended).)
Sec. 3-3. - Care of animals by owner; penalty.
(a) Each owner shall provide for each of his companion animals:
(1) Adequate feed;
(2) Adequate water;
(3) Adequate shelter that is properly cleaned;
(4) Adequate space in the primary enclosure for the particular type of
animal depending upon its age, size, species, and weight;
(5) Adequate exercise;
(6) Adequate care, treatment, and transportation; and
(7) Veterinary care when needed or to prevent suffering or disease
transmission.
The provisions of this section shall also apply to every public or private
animal shelter, or other releasing agency, and every foster care provider,
dealer, pet shop, exhibitor, kennel, groomer, and boarding establishment.
This section shall not require that animals used as food for other animals be
euthanized.
(b) Game and wildlife species shall be cared for in accordance with
regulations promulgated by the Board of Game and Inland Fisheries.
(c) Violation of this section is a class 4 misdemeanor. A second or
subsequent violation of Section 3-3(a)(1), (2), (3), or (7) is a Class 2
misdemeanor and a second or subsequent violation of Section 3-3(a)(4), (5),
or (6) is a Class 3 misdemeanor. (11-18-04;----.)
29
(STATE LAW REFERENCE—Sec. 3.2-6503 of the Code of Virginia (1950,
as amended).)
Sec. 3-4. - Transporting animals; requirements; penalty.
No owner, railroad or other common carrier when transporting any animal
shall allow that animal to be confined in any type of conveyance more than
twenty-four (24) consecutive hours without being exercised, properly rested,
fed and watered as necessary for that particular type and species of animal. A
reasonable extension of this time shall be permitted when an accident, storm
or other act of God causes a delay. Adequate space in the primary enclosure
within any type of conveyance shall be provided each animal depending upon
the particular type and species of animal. No person shall import into the
Commonwealth, nor export from the Commonwealth, for the purpose of sale
or offering for sale any dog or cat under the age of eight weeks without its
dam. Violations of this section shall be punishable as a Class 1 misdemeanor.
(11-18-04;-----.)
(STATE LAW REFERENCE—Sec. 3.2-6508 of the Code of Virginia (1950,
as amended).)
Sec. 3-5. - Sale, etc., of unweaned or certain immature animals prohibited;
vaccinations required for dogs and cats; penalty.
(a) No person shall sell, raffle, or offer for sale as pets or novelties, or offer
or give as a prize, premium, or advertising device any living chicks,
ducklings, or other fowl under two (2) months old in quantities of less than
six (6) or any unweaned mammalian companion animal or any dog under the
age of seven (7) weeks without its dam, or any cat under the age of seven (7)
weeks, without its queen. Dealers may offer immature fowl, unweaned
mammalian companion animals, dogs or cats under the age of seven (7)
weeks for sale as pets or novelties with the requirement that prospective
owners take possession of the animals only after fowl have reached two (2)
months of age, mammalian companion animals have been weaned, and dogs
and cats are at least seven (7) weeks of age. Nothing in this section shall
prohibit the sale, gift, or transfer of an unweaned animal: (i) as food for other
animals; (ii) with the lactating dam or queen or a lactating surrogate dam or
30
queen that has accepted the animal; (iii) due to a concern for the health or
safety of the unweaned animal; or (iv) to animal control, a public or private
animal shelter, or a veterinarian.
(b) Dealers shall provide all dogs and cats with current vaccinations
against contagious and infectious diseases, as recommended in writing and
considered appropriate for the animal's age and breed by a licensed
veterinarian, or pursuant to written recommendations provided by the
manufacturer of such vaccines at least five (5) days before any new owner
takes possession of the animal. For dogs, the vaccinations required by this
subsection shall include at a minimum canine distemper, adenovirus type II
parainfluenza, and parvovirus. For cats, the vaccinations required by this
subsection shall include at a minimum rhinotracheitis, calicivirus, and
panleukopenia. Dealers shall provide the new owner with the dog's or cat's
immunization history.
(c) Violation of this section is punishable as a Class 3 misdemeanor. (11-
18-04;----.)
(STATE LAW REFERENCE—Sec. 3.2-6510 of the Code of Virginia (1950,
as amended).)
Sec. 3-6. - Failure of dealer or pet shop to provide adequate care, etc.;
penalty.
Any dealer or pet shop that fails to adequately house, feed, water, exercise or
care for animals in his or its possession or custody as provided for under this
chapter shall be guilty of a Class 3 misdemeanor. Such animals shall be
subject to seizure and impoundment, and upon conviction of such person the
animals may be sold, euthanized, or disposed of as provided by Section 3-22
for licensed, tagged, or tattooed animals. Such failure shall also constitute
grounds for revocation of a permit or certificate of registration after public
hearing. Any funds that result from such sale shall be used first to pay the
costs of Isle of Wight County for the impoundment and disposition of the
animals, and any funds remaining shall be paid to the owner, if known. If the
owner is not found, the remaining funds shall be paid into the Literary Fund
of the Commonwealth of Virginia. (11-18-04;----.)
31
(STATE LAW REFERENCE—Sec. 3.2-6511 of the Code of Virginia (1950,
as amended).)
Sec. 3-7. - Misrepresentation of animal's condition; penalties.
No person shall misrepresent the physical condition of any animal at the
animal's sale, trade, delivery, or other method of transfer. For the purpose of
this section, misrepresentation shall include selling, trading, delivering or
otherwise transferring an animal to another person with the knowledge that
the animal has an infection, communicable disease, parasitic infestation,
abnormality or other physical defect that is not made known to the person
receiving the animal. However, sale of an agricultural animal that has
external or internal parasites that are not made known to the person receiving
the animal shall not be a violation of this section unless the animal is
clinically ill or debilitated due to such parasites at the time of sale, trade,
delivery or transfer of the animal. Violation of this section shall be
punishable as a Class 3 misdemeanor. (11-18-04;----.)
(STATE LAW REFERENCE—Sec. 3.2-6509 of the Code of Virginia (1950,
as amended).)
Sec. 3-8. - Abandonment of animal; penalty.
No person shall abandon or dump any animal. Violation of this section is a
Class 3 misdemeanor. Nothing in this section shall be construed to prohibit
the release of an animal by its owner to a public or private animal shelter, or
other releasing agency. (11-18-04;-----.)
(STATE LAW REFERENCE—Sec. 3.2-6504 of the Code of Virginia (1950,
as amended).)
Article II. - Dogs and Cats.
Division 1. - Licensing Generally.
Sec. 3-9. - Pet shop/dealer.
Any person operating a pet shop or operating as a dealer in companion
animals shall obtain a permit. The fee for said permit shall be as set forth in
32
Uniform Fee Schedule adopted by the Board of Supervisors, as it may be
amended from time to time. The county may refuse to issue or after issuance
may revoke such permit for fraudulent practices or inhumane treatment of the
animals dealt with by the permittee. Operating a pet shop or operating as a
dealer in companion animals without having obtained such a permit from the
county shall be a Class 3 misdemeanor. (11-18-04; 5-1-14;-----.)
(STATE LAW REFERENCE—Sec. 3.2-6537 of the Code of Virginia
(1950), as amended.)
Sec. 3-10. - Unlicensed dogs and cats prohibited.
It shall be unlawful for any person, other than a releasing agency that has
registered as such annually with animal control, to own a dog or cat four
months old or older unless such dog or cat is licensed as required by the
provisions of this chapter. (11-18-04;------.)
(STATE LAW REFERENCE—Sec. 3.2-6524 of the Code of Virginia (1950,
as amended).)
Sec. 3-11. - How to obtain a license.
Any person who resides in Isle of Wight County may obtain a dog license or
cat license by making oral or written application to the Treasurer of the
county, accompanied by the amount of license tax and current certificate of
vaccination as required by this chapter or satisfactory evidence that such
certificate has been obtained. The Treasurer or other officer charged with the
duty of issuing dog and cat licenses shall only have authority to license dogs
and cats of resident owners or custodians who reside within the boundary
limits of this county and may require information to this effect from any
applicant. Upon receipt of proper application and current certificate of
vaccination as required by this chapter or satisfactory evidence that such
certificate has been obtained, the Treasurer or other officer charged with the
duty of issuing dog and cat licenses shall issue a license receipt for the
amount on which he shall record the name and address of the owner or
custodian, the date of payment, the year for which issued, the serial number
of the tag, whether dog or cat, whether male or female, spayed or neutered, or
whether a kennel, and deliver the metal license tags or plates provided for
33
herein. The information thus received shall be retained by the Treasurer, open
to public inspection, during the period for which such license is valid. The
Treasurer may establish substations in convenient locations in the county and
appoint agents for the collection of the license tax and issuance of such
licenses. (11-18-04;-----.)
(STATE LAW REFERENCE—Sec. 3.2-6527 of the Code of Virginia (1950,
as amended).)
Sec. 3-12. - Amount of license tax.
(a) The amount of the license tax for dogs and/or cats shall be as follows:
(1) Spayed or neutered dog or cat (1 year tag) .....$7.00;
(2) Spayed or neutered dog or cat (3 year tag) .....$20.00;
(3) Unspayed/neutered dog or cat (1 year tag) .....$10.00;
(4) Unspayed/neutered dog or cat (3 year tag) .....$30.00;
(5) Kennel, for 10-19 dogs .....$35.00;
(6) Kennel, 20-29 dogs .....$40.00;
(7) Kennel, 30-39 dogs .....$45.00; and
(8) Kennel, 40-50 dogs .....$50.00.
(b) If a license tag is lost, a duplicate tag may be issued at a cost of one
dollar in accordance with Section 3-17.
(c) No license tax shall be levied on any dog that is trained and serves as a
guide dog for a blind person, that is trained and serves as a hearing dog for a
deaf or hearing-impaired person or that is trained and serves as a service dog
for a mobility-impaired person.
As used in this section, "hearing dog" means a dog trained to alert its owner
by touch to sounds of danger and sounds to which the owner should respond
and "service dog" means a dog trained to accompany its owner for the
purpose of carrying items, retrieving objects, pulling a wheelchair or other
such activities of service or support. (11-18-04; 5-1-14;--------.)
(STATE LAW REFERENCE—Sec. 3.2-6528 of the Code of Virginia (1950,
as amended).)
34
Sec. 3-13. - Evidence showing inoculation for rabies prerequisite to obtaining
dog or cat license; rabies clinics.
No license tag shall be issued for any dog or cat unless there is presented, to
the Treasurer or other officer of the county charged by law with the duty of
issuing license tags for dogs and cats at the time application for license is
made, evidence satisfactory to him showing that such dog or cat has been
inoculated or vaccinated against rabies by a currently licensed veterinarian or
currently licensed veterinary technician who was under the immediate and
direct supervision of a licensed veterinarian on the premises.
(11-18-04;-----.)
(STATE LAW REFERENCE—Sec. 3.2-6526(B) of the Code of Virginia
(1950, as amended).)
Sec. 3-14. - When license tax payable.
(a) On January 1 and not later than January 31 of each year, the owner of
any dog or cat four months old or older shall pay a license tax as prescribed
in section 3-11 of this chapter.
(b) If a dog or cat becomes four months of age or comes into the
possession of any person between January 1 and November 1 of any year, the
license tax for the current calendar year shall be paid by the owner.
(c) If a dog or cat becomes four months of age or comes into the
possession of any person between October 31 and December 31 of any year,
the license tax for the succeeding calendar year shall be paid by the owner
and this license shall be valid from the date the license is purchased. (11-18-
04.)
Sec. 3-15. - Effect of dog or cat not wearing collar as evidence.
Any dog or cat not wearing a collar bearing a license tag of the proper
calendar year shall prima facie be deemed to be unlicensed, and in any
proceedings under this chapter the burden of proof of the fact that such dog
35
or cat has been licensed, or is otherwise not required to bear a tag at the time,
shall be on the owner of the dog or cat. (11-18-04.)
(STATE LAW REFERENCE—Sec. 3.2-6533 of the Code of Virginia (1950,
as amended).)
Sec. 3-16. - What a dog or cat license shall consist of.
A dog or cat license shall consist of a license receipt and a metal tag. The tag
shall be stamped or otherwise permanently marked to show the jurisdiction
issuing the license and the calendar year for which issued and bear a serial
number. The tag may be stamped or otherwise marked to show the sex of the
dog or cat. (11-18-04.)
(STATE LAW REFERENCE—Sec. 3.2-6526(A) of the Code of Virginia
(1950, as amended).)
Sec. 3-17. - Duplicate license tags.
If a dog or cat license tag is lost, destroyed or stolen, the owner or custodian
shall at once apply to the Treasurer or his agent who issued the original
license for a duplicate license tag, presenting the original license receipt.
Upon affidavit of the owner or custodian before the Treasurer or his agent
that the original license tag has been lost, destroyed or stolen, he shall issue a
duplicate license tag which the owner or custodian shall immediately affix to
the collar of the dog. The Treasurer or his agent shall endorse the number of
the duplicate and the date issued on the face of the original license receipt.
The fee for a duplicate tag for any dog or cat shall be one dollar. (11-18-04;--
--.)
(STATE LAW REFERENCE—Sec. 3.2-6532 of the Code of Virginia (1950,
as amended).)
Sec. 3-18. - Displaying receipts; dogs to wear tags.
Dog and cat license receipts shall be carefully preserved by the licensees and
exhibited promptly on request for inspection by any animal control officer or
36
other officer. Dog license tags shall be securely fastened to a substantial
collar by the owner or custodian and worn by such dog. It shall be unlawful
for the owner to permit any licensed dog four (4) months old or older to run
or roam at large at any time without a license tag. The owner of the dog may
remove the collared and license tag required by this section when: (i) the dog
is engaged in lawful hunting; (ii) the dog is competing in a dog show; (iii) the
dog has a skin condition which would be exacerbated by the wearing of a
collar; (iv) the dog is confined; or (v) the dog is under the immediate control
of its owner. (11-18-04;-----.)
(STATE LAW REFERENCE—Sec. 3.2-6532 of the Code of Virginia (1950,
as amended).)
Division 2. - Running at Large Generally.
Sec. 3-19. - Running at large prohibited within certain zoned areas; "at large"
defined; responsibility of owners or custodians.
(a) For the purposes of section, "at large" shall be taken to mean off the
premises of the owner and not under the immediate control of the owner, his
agent or the custodian of the dog, by a leash, cord or chain; provided that, a
dog shall not be considered "at large" if, during the hunting season, it is on a
bona fide hunt, in the company of a licensed hunter or during field trials of
training periods when accompanied by its owner or custodian.
(b) It shall be unlawful for the owner or custodian of any dog to allow such
dog to run at large at any time within any area in the county other than those
districts zoned Rural Agricultural Conservation. This exception does not
apply to designated mobile home parks and/or trailer parks in Rural
Agricultural Conservation Districts nor in the Rushmere Shores Subdivision.
It is further, unlawful, for the owner or custodian of any dog to allow such
dog to run at large on any garbage collection sites or any other publicly
owned property in the County of Isle of Wight.
(c) It shall be the responsibility of owners or custodians of dogs residing
within the Rural Agricultural Conservation Districts of the county to control
37
such dogs to prohibit them from roaming in the other areas covered by this
section. (11-18-04;------.)
(STATE LAW REFERENCE—Sec. 3.2-6538 and Sec. 55-310 et seq. of the
Code of Virginia (1950, as amended).)
Sec. 3-20. - Female dogs or cats in season.
It shall be unlawful for the owner of any female dog or cat to permit such dog
or cat to stray from his premises while such dog or cat is known to such
owner to be in season. (11-18-04.)
(STATE LAW REFERENCE—Sec. 3.2-6543 of the Code of Virginia (1950,
as amended).)
Division 3. - Impoundment and Disposition.
Sec. 3-21. - Duty to impound; animal reclaimable with proof of ownership
and fee payment.
Any dog or cat found running at large shall be apprehended and placed in the
public animal shelter for safekeeping and may be reclaimed by the owner or
custodian, upon showing satisfactory proof that he or she is the owner or
custodian of such dog or cat and upon payment of such impoundment and
board fees as set forth in the Uniform Fee Schedule adopted by the Board of
Supervisors of Isle of Wight County, Virginia, as it may be amended from
time to time. (11-18-04;------.)
(STATE LAW REFERENCE—Sec. 3.2-6546 of the Code of Virginia (1950,
as amended).)
Sec. 3-22. - Confinement and disposition of animals.
(a) Any animal which has been confined in the public animal shelter
pursuant to this section shall be kept for a period not less than five (5) days,
such period to commence on the day immediately following the day the
38
animal is initially confined in the facility, unless sooner claimed by the
rightful owner thereof.
(b) The operator or custodian of the pound shall make a reasonable effort
to ascertain if the animal has a collar, tag, license, tattoo, or other form of
identification. If such identification is found on the animal, the animal shall
be held for an additional five (5) days, unless sooner claimed by the rightful
owner. If the rightful owner of the animal can be readily identified, the
operator or custodian of the public animal shelter shall make a reasonable
effort to notify the owner of the animal's confinement within the next forty-
eight (48) hours following its confinement. If any companion animal
confined pursuant to this section is claimed by its rightful owner, such owner
will be charged an impound/pickup and a kennel fee as shall be set forth in
the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of
Supervisors, as it may be amended. If any other animal confined pursuant to
this section is claimed by its rightful owner, such owner may be charged with
the actual expenses incurred in keeping the animal impounded. The owner of
any animal confined pursuant to this section may also be charged with the
actual expenses of any veterinary care rendered while the animal was in the
custody of Isle of Wight County.
(c) If an animal confined pursuant to this section has not been claimed
upon expiration of the appropriate holding period as provided by subsection
(a) or (b) herein, it shall be deemed abandoned and become the property of
the public animal shelter. Such animal may be euthanized in accordance with
the methods approved by the State Veterinarian or disposed of by the
methods set forth in subsections (1) through (5) below. No shelterd shall
release more than two (2) animals or a family of animals during any 30-day
period to any one person under subsections (2), (3), or (4).
(1) Release to any humane society, public or private animal shelter, or
other releasing agency within the Commonwealth, provided that each
humane society, public or private animal shelter, or other releasing agency
obtains a signed statement from each of its directors, operators, staff, or
animal caregivers specifying that each individual has never been convicted of
animal cruelty, neglect, or abandonment and updates such statements as
changes occur;
39
(2) Adoption by a resident of Isle of Wight County and who will pay the
required adoption fee as shall be set forth in the Isle of Wight County
Uniform Fee Schedule, as adopted by the board of supervisors, as it may be
amended, on such animal, agrees to have the animal sterilized in accordance
with the provisions of Section 3.2-6574 of the Code of Virginia (1950, as
amended), and provided that such resident has read and signed a statement
specifying that he has never been convicted of animal cruelty, neglect, or
abandonment;
(3) Adoption by a resident of an adjacent political subdivision of the
Commonwealth and who will agree to have the animal sterilized in
accordance with the provisions of Section 3.2-6574 of the Code of Virginia
(1950, as amended), and provided that such resident has read and signed a
statement specifying that he has never been convicted of animal cruelty,
neglect, or abandonment;
(4) Adoption by any other person, provided that such person has read and
signed a statement specifying that he has never been convicted of animal
cruelty, neglect, or abandonment, and provided that no animal may be
adopted by any person who is not a resident of the county or of an adjacent
political subdivision, unless the animal is first sterilized, and the public
animals shelter may require that the sterilization be done at the expense of the
person adopting the animal; or
(5) Release for the purposes of adoption or euthanasia only, to an animal
shelter, or any other releasing agency located in and lawfully operating under
the laws of another state, provided that such animal shelter, or other releasing
agency: (i) maintains records that would comply with the provisions of
Section 3.2-6557 of the Code of Virginia (1950, as amended); (ii) requires
that adopted dogs and cats be sterilized; (iii) obtains a signed statement from
each of its directors, operators, staff, and animal caregivers specifying that
each individual has never been convicted of animal cruelty, neglect, or
abandonment, and updates such statement as changes occur; and (iv) has
provided to the public or private animal shelter, or other releasing agency
within the Commonwealth a statement signed by an authorized representative
specifying the entity's compliance with clauses (i) through (iii), and the
40
provisions of adequate care and performance of humane euthanasia, as
necessary, are in accordance with the provisions of this chapter.
(d) For purposes of recordkeeping, release of an animal by a private animal
shelter to a public or private animal shelter or other releasing agency shall be
considered a transfer and not an adoption. If the animal is not first sterilized,
the responsibility for sterilizing the animal transfers to the receiving entity.
(e) No provision herein shall prohibit the immediate euthanasia of a
critically injured, critically ill, or unweaned animal for humane purposes.
Any animal euthanized pursuant to the provisions of this chapter shall be
euthanized by one of the methods prescribed or approved by the State
Veterinarian.
(f) Nothing in this section shall be construed to prohibit confinement of
other companion animals in such a public animal shelter.
For the purposes of this section, the term "animal" shall not include
agriculture animals. (11-18-04; 5-1-14;----.)
(STATE LAW REFERENCE—Sec. 3.2-6546 of the Code of Virginia (1950,
as amended).)
Sec. 3-23. - Adoption of hunting dogs.
In addition to the foregoing provisions of Section 3-22, a person who wishes
to adopt a dog of hunting breed extraction may do so for the same fees and
sterilization requirements required under Section 3-22; provided, that such
person agrees to retain the dog for at least twenty-one (21) days, putting a
collar and name tag on the dog immediately; provided, further, that during
the twenty-one days, such person may test the dog to determine if such dog
will "hunt," and if such dog will not "hunt," such person may return the dog
to the public animal shelter for a full refund; provided, further, that during the
twenty-one-day trial period, such person agrees to be fully and legally
responsible for any damage such dog might do, including the killing or
injuring of livestock and/or fowl; and provided, further, that such person must
agree not to sell the dog for a period of one (1) year and that, during the one-
41
year period, if the person finds that the dog does not meet his/her needs, the
person shall return the dog to the public animal shelter but, after the initial
days, will not be entitled to any refund for money paid to the county. (11-18-
04;-----.)
Division 4. - Dangerous or Vicious Dogs.
Sec. 3-24. - Control of dangerous or vicious dogs.
(a) As used in this section, "dangerous dog" means a canine or canine
crossbreed that has bitten, attacked, or inflicted injury on a person or
companion animal that is a dog or cat, or killed a companion animal that is a
dog or cat. When a dog attacks or bites a companion animal that is a dog or
cat, the attacking or biting dog shall not be deemed dangerous: (i) if no
serious physical injury as determined by a licensed veterinarian has occurred
to the dog or cat as a result of the attack or bite; (ii) both animals are owned
by the same person; (iii) if such attack occurs on the property of the attacking
or biting dog’s owner or custodian; or (iv) for other good cause as determined
by the court. No dog shall be found to be a dangerous dog as a result of
biting, attacking or inflicting injury on a dog or cat while engaged with an
owner or custodian as part of lawful hunting or participating in an organized,
lawful dog handling event. "Vicious dog" means a canine or canine
crossbreed that has: (i) killed a person; (ii) inflicted serious injury to a person;
or (iii) continued to exhibit the behavior that resulted in a previous finding by
a court or an animal control officer pursuant to the provisions of subsection
(k), that it is a dangerous dog, provided that its owner has been given notice
of that finding.
(b) Any animal control officer who has reason to believe that a canine or
canine crossbreed within the county is a dangerous or vicious dog shall apply
to a magistrate serving the county for the issuance of a summons requiring
the owner or custodian, if known, to appear before the General District Court
in Isle of Wight County. The summons shall advise the owner of the nature of
the proceeding and the matters at issue. If a law-enforcement officer
successfully makes an application for the issuance of a summons, he shall
contact the animal control officer and inform him of the location of the dog
and the relevant facts pertaining to his belief that the dog is dangerous or
vicious. The animal control officer shall confine the animal until such time
42
as evidence shall be heard and a verdict rendered. If the animal control
officer determines that the owner or custodian can confine the animal in a
manner that protects the public safety, he may permit the owner or custodian
to confine the animal until such time as evidence shall be heard and a verdict
rendered. The court, through its contempt powers, may compel the owner,
custodian or harborer of the animal to produce the animal. If, after hearing
the evidence, the court finds that the animal is a dangerous dog, the court
shall order the animal's owner to comply with the provisions of this division.
Further, if the court, upon finding the animal to be a dangerous dog, may
order the owner to pay restitution for actual damages to any person injured by
the animal or whose companion animal was injured or killed by the animal
and may, at the court’s discretion, also order the owner to pay all reasonable
expenses incurred in caring and providing for such dangerous dog from the
time the animal is taken into custody until such time as the animal is disposed
of or returned to the owner. If, after hearing the evidence, the court finds that
the animal is a vicious dog, the court shall order the animal euthanized in
accordance with the provisions of Section 3.2-6562 of the Code of Virginia
(1950, as amended).
(c) No canine or canine crossbreed shall be found to be a dangerous dog or
vicious dog solely because it is a particular breed, nor shall ownership of a
particular breed of canine or canine crossbreed be prohibited. No animal shall
be found to be a dangerous dog or vicious dog if the threat, injury or damage
was sustained by a person who was: (i) committing, at the time, a crime upon
the premises occupied by the animal's owner or custodian; (ii) committing, at
the time, a willful trespass or other tort upon the premises occupied by the
animal's owner or custodian; or (iii) provoking, tormenting, or physically
abusing the animal, or can be shown to have repeatedly provoked, tormented,
abused, or assaulted the animal at other times. No police dog that was
engaged in the performance of its duties as such at the time of the acts
complained of shall be found to be a dangerous or vicious dog. No animal
which, at the time of the acts complained of, was responding to pain or
injury, or was protecting itself, its kennel, its offspring, or its owner or
owner's property, shall be found to be a dangerous or vicious dog.
(d) The owner of any animal found to be a dangerous dog shall, within
forty-five (45) days of such finding, obtain a dangerous dog registration
43
certificate from the local animal control officer for a fee as shall be set forth
in the Isle of Wight County Uniform Fee Schedule, as adopted by the board
of supervisors, as it may be amended, in addition to other fees that may be
authorized by law. The local animal control officer shall also provide the
owner with a uniformly designed tag that identifies the animal as a dangerous
dog. The owner shall affix the tag to the animal's collar and ensure that the
animal wears the collar and tag at all times. All certificates obtained pursuant
to this subsection shall be renewed annually for the same fee and in the same
manner as the initial certificate was obtained.
(e) All certificates or renewals thereof required to be obtained under this
section shall only be issued to persons eighteen years of age or older who
present satisfactory evidence: (i) of the animal's current rabies vaccination, if
applicable; (ii) that the animal has been neutered or spayed; (iii) that the
owner has liability insurance coverage, to the value of at least one hundred
thousand dollars, that covers animal bites; and (iv) that the animal is and will
be confined in a proper enclosure or is and will be confined inside the
owner's residence or is and will be muzzled and confined in the owner's
fenced-in yard until the proper enclosure is constructed. In addition, owners
who apply for certificates or renewals thereof under this section shall not be
issued a certificate or renewal thereof unless they present satisfactory
evidence that: (i) their residence is and will continue to be posted with clearly
visible signs warning both minors and adults of the presence of a dangerous
dog on the property; and (ii) the animal has been permanently identified by
means of a tattoo on the inside thigh or by electronic implantation.
(f) While on the property of its owner, an animal found to be a dangerous
dog shall be confined indoors or in a securely enclosed and locked structure
of sufficient height and design to prevent its escape or direct contact with or
entry by minors, adults, or other animals. The structure shall be designed to
provide the animal with shelter from the elements of nature. When off its
owner's property, an animal found to be a dangerous dog shall be kept on a
leash and muzzled in such a manner as not to cause injury to the animal or
interfere with the animal's vision or respiration, but so as to prevent it from
biting a person or another animal.
44
(g) If the owner of an animal found to be a dangerous dog is a minor, the
custodial parent or legal guardian shall be responsible for complying with all
requirements of this section.
(h) After an animal has been found to be a dangerous dog, the animal's
owner shall immediately, upon learning of same, notify the local animal
control authority if the animal: (i) is loose or unconfined; (ii) bites a person or
attacks another animal; (iii) is sold, given away, or dies; or (iv) has been
moved to a different address.
(i) The owner of any animal which has been found to be a dangerous dog
who willfully fails to comply with the requirements of this section shall be
guilty of a Class 1 misdemeanor.
(j) All fees collected pursuant to this section, less the costs incurred by the
animal control authority in producing and distributing the certificates and tags
required by this division, shall be paid into a special dedicated fund in the Isle
of Wight County treasury for the purpose of paying the expenses of any
animal control officer training required under Section 3.2-6556 of the Code
of Virginia (1950, as amended).
(k) Notwithstanding the provisions of subsection (c) of this section, any
animal control officer may determine, after investigation, whether a dog is a
dangerous dog. If the animal control officer determines that a dog is a
dangerous dog, he may order the animal's owner to comply with the
provisions of this chapter. If the animal's owner disagrees with the animal
control officer's determination, he may appeal the determination to the
general district court for a trial on the merits. (11-18-04; 5-1-14.)
(STATE LAW REFERENCE—Sec. 3.2-6540 and 3.2-6540.1 of the Code of
Virginia (1950, as amended).)
Division 5. - Rabies Control Generally.
Sec. 3-25. - Declaration of rabies emergencies; disposition of animals
suspected as rabid.
45
(a) When there is sufficient reason to believe that the risk of exposure to
rabies is elevated, the Board of Supervisors may enact an emergency
ordinance that shall become effective immediately upon passage, requiring
owners of all dogs and cats therein to keep the same confined on their
premises unless leashed under restraint of the owner in such a manner that
persons or animals will not be subject to the danger of being bitten by a rabid
animal. Any such emergency ordinance enacted pursuant to the provisions of
this section shall be operative for a period not to exceed thirty (30) days
unless renewed by the Board of Supervisors. The Board of Supervisors shall
also have the power and authority to pass ordinances restricting the running
at large of dogs and cats which have not been inoculated or vaccinated
against rabies and to provide penalties for the violation thereof.
(b) Dogs or cats showing active signs of rabies or suspected of having
rabies that is not known to have exposed a person, companion animal, or
livestock to rabies shall be confined under competent observation for such a
time as may be necessary to determine a diagnosis. If confinement is
impossible or impracticable, such dog or cat shall be euthanized by one of the
methods approved by the State Veterinarian as provided in Section 3.2-6562
of the Code of Virginia (1950, as amended).
(c) Every person having knowledge of the existence of an animal that is
suspected to be rabid and that may have exposed a person, companion
animal, or livestock to rabies shall report immediately to the local health
department the existence of such animal, the place where seen, the owner's
name, if known, and the symptoms suggesting rabies.
(d) Any dog or cat, for which no proof of current rabies vaccination is
available, and that may have been exposed to rabies through a bite, or
through saliva or central nervous system tissue, in a fresh open wound or
mucous membrane, by an animal suspected to be rabid, shall be isolated in a
public animal shelter, kennel or enclosure approved by the health department
for a period not to exceed six (6) months at the expense of the owner or
custodian in a manner and by a date certain as determined by the local health
director; however, if this is not feasible, the dog or cat shall be euthanized by
one of the methods approved by the State Veterinarian as provided in Section
3.2-6562 of the Code of Virginia (1950, as amended). A rabies vaccination
46
shall be administered prior to release. Inactivated rabies vaccine may be
administered at the beginning of isolation. Any dog or cat so bitten, or
exposed to rabies through saliva or central nervous system tissue, in a fresh
open wound or mucous membrane with proof of current vaccination, shall be
revaccinated by a licensed veterinarian immediately following the exposure
and shall be confined to the premises of the owner or custodian, or other site
as may be approved by the local health department at the expense of the
owner or custodian, for a period of forty-five (45) days.
(e) At the discretion of the director of the local health department, any
animal that may have exposed a person shall be confined under competent
observation for ten (10) days at the expense of the owner or custodian, unless
the animal develops active symptoms of rabies, expires, or is euthanized
before that time. A seriously injured or sick animal may be euthanized as
provided in Section 3.2-6562 of the Code of Virginia (1950, as amended).
(f) When any suspected rabid animal, other than a dog or cat, exposes or
may have exposed a person to rabies through a bite, or through saliva or
central nervous system tissue, in a fresh open wound or mucous membrane,
decisions regarding the disposition of that animal shall be at the discretion of
the local health director and may include euthanasia as provided in Section
3.2-6562 of the Code of Virginia (1950, as amended) or as directed by the
state agency with jurisdiction over that species.
(g) When any animal, other than a dog or cat, is exposed or may have been
exposed to rabies through a bite, or through saliva or central nervous system
tissue, in a fresh open wound or mucous membrane, by an animal suspected
to be rabid, decisions regarding the disposition of that newly exposed animal
shall be at the discretion of a local health director. (11-18-04;------.)
(STATE LAW REFERENCE—Sec. 3.2-6522 of the Code of Virginia (1950,
as amended).)
Division 6 – Feral Cat Colonies
Sec. 3-26. - Unlawful care of feral cats; exception.
47
(a) For purposes of this article, the following terms shall have the
following meanings:
(1) The acronym "ACO" shall mean the Isle of Wight Animal Control
Officer or a designee.
(2) The term "caregiver" shall mean a resident of Isle of Wight County,
Virginia who has been designated as a feral cat caregiver by the ACO
pursuant to the provisions of this article, and who accepts responsibility for
expenses associated with providing care to feral cats.
(3) The term "cat" shall mean a feline over the age of sixteen weeks.
(4) The term "feral cat" shall mean any cat that is not or has never been
owned by a person, or was formerly owned and has been abandoned.
(5) The term "feral cat colony" shall mean a group of feral cats who
generally live outdoors and have little or no human contact.
(6) The term "kitten" shall mean a feline sixteen weeks of age or under.
(b) Except as provided in this article, it shall be unlawful for any person to
maintain a feral cat colony by providing food, water, or other forms of
sustenance and care, unless such person is a resident of Isle of Wight County,
Virginia, and has been designated as, and is currently appointed, a caregiver
by the ACO.
(c) County residents desiring to provide food, water and other forms of
sustenance and care to feral cats in Isle of Wight County, Virginia, shall
annually apply to the ACO to be designated as a caregiver, and every person
so designated shall comply with the provisions of this article throughout their
term of appointment. There shall be a fee as shall be set forth in the Isle of
Wight County Uniform Fee Schedule, as adopted by the board of supervisors,
as it may be amended, associated with applying for this designation, per feral
cat colony, which shall be due and payable annually.
(d) Every caregiver shall comply with the following conditions with
respect to feral cats or feral cat colonies for which they are a designated
caregiver:
(1) Provide (i) written permission from the property owner on whose
property the feral cat colony will be located or cared for; (ii) evidence of
reasonable efforts made to obtain the support for the feral cat colony from all
adjacent property owners; and (iii) a good faith estimate of the number of
48
feral cats and kittens residing in the colony at the time a caregiver's
designation is applied for.
(2) Assume personal responsibility and make arrangements for feeding and
providing emergency veterinarian treatment as needed to their feral cat or
feral cat colony on a regular basis throughout the year, including weekends,
holidays, and at such times as the caregiver is unable, for any reason, to
provide such care.
(3) Provide regular and frequent trapping of not less than two times per
month, through the use of humane box traps of feral cats and kittens over the
age of eight weeks who have not been spayed or neutered, vaccinated, and
marked as provided herein. The trapped feral cats shall be spayed or
neutered, vaccinated for rabies, and marked by having their ears tipped by a
veterinarian professionally licensed by the Commonwealth of Virginia. It is
also recommended, but not required, that all trapped feral cats be vaccinated
by the veterinarian for distemper and implanted with a micro chip for
identification purposes.
(4) Make every attempt to remove kittens from the colony between the age
of eight weeks and sixteen weeks for domestication and placement with a
person who is willing to be the owner of same.
(5) If possible, have all trapped feral cats and kittens tested for feline
leukemia and feline immunodeficiency virus; and to have those which test
positive for same humanely euthanized or assure that any feral cat or kitten
known to have an infectious disease is not released to the outdoors.
(6) Maintain, on an individual cat basis, documentation of all vaccinations,
inoculations, medical procedures and sustenance provided to feral cats under
their care, and upon request, to provide such documentation to the ACO.
(7) Authorize veterinarians attending to feral cats or kittens under their
care to release copies of all medical records with regard to such feral cats to
the ACO.
(8) Maintain protection for the feral cats and kittens sufficient to shield
them from adverse weather conditions, and maintain the surrounding area
free and clear of garbage, trash and debris.
(9) Notify the ACO of the introduction of any new cats to the feral cat
colony.
(10) Ensure that a feral cat colony for which a person has been designated a
caregiver does not exceed twenty cats unless reasonably authorized by the
49
ACO, giving consideration to the size, shape, locations and ability to
maintain the feral cat colony on the property.
(e) In the event a caregiver is found by the ACO to have violated any
provision of this article, or failed to comply with any of its provisions, the
ACO may require the caregiver to cease, desist and rectify their violation, or
terminate their designation as a caregiver, depending on the severity of the
violation. If abatement of the violation is appropriate, the caregiver shall be
issued a notice of noncompliance specifying that the caregiver has forty-eight
hours within which to provide a written response to the ACO specifying the
steps to be taken by the caregiver to come into compliance with the
provisions of this article within a thirty-day period. The ACO may grant one
thirty-day extension if the caregiver demonstrates a good faith effort to
comply, and the ACO feels that compliance may be achieved within the
thirty-day extension period. The caregiver shall make an action report to the
ACO at the end of each thirty-day period or when compliance is achieved,
whichever occurs first. If the ACO determines that the violation is
sufficiently serious to warrant termination of the caregiver designation, a
notice of such termination shall be provided to that person.
(f) If compliance with the provisions of this article are not achieved as
provided in subsection (d) of this article, or if termination as a caregiver is
otherwise warranted, the ACO shall cause a notice of termination to be either
personally delivered to the caregiver or mailed to the caregiver by certified
mail, return receipt requested, at the address provided by the caregiver on
their current application for such designation. Compliance with this
subsection by personal delivery shall be effective upon delivery; compliance
with this subsection by mailing shall be effective on the day first delivered to
the recipient's address. Termination of designation as a caregiver by the ACO
may be appealed to the county administrator's office by such person by
providing notice of the appeal in writing stating the basis for the appeal
within ten calendar days of delivery of the notice of termination as required
in this subsection.
(g) For purposes of this article, and except as providing in this section, a
person who has been designated as a caregiver shall not be considered an
owner or a custodian of the feral cats for which they are providing care.
50
(h) The provisions of this section do not grant to caregivers any authority
to enter upon the property of others without the property owner's permission.
(i) In the event the ACO becomes aware, either through a compliant or
personal observation, of a feral cat or feral cat colony, he shall make a
reasonable attempt to determine if a suspected feral cat or feral cat colony has
a caregiver who will comply with this section. If, after making such an
attempt, no caregiver is identified or is willing to comply with the provisions
of this section, the ACO shall take all necessary action to obtain permission
from the property owner(s) to enter upon the property to capture and remove
the feral cats, and to dispose of the captured cats in accordance with the
provisions of this chapter for the disposal of impounded animals.
(j) Neither feral cats nor feral cat colonies may be maintained on property
owned or controlled by the county.
(k) Any person who violates subsection (b) of this section shall be subject
to a civil penalty not to exceed one hundred fifty dollars. (11-5-08; 5-1-14.)
(STATE LAW REFERENCE—See Code of Va., § 3.2-6543.)
Article III. - Nuisance Animals and Hybrid Canines.
Sec. 3-27. - Nuisance animals.
(a) All animal owners shall exercise proper care and control of their
animals to prevent them from becoming a public nuisance. Excessive,
continuous or untimely barking, harassing passersby, biting or attacking any
person without provocation on one or more occasions, chasing vehicles,
habitually attacking other domestic animals, trespassing upon school grounds
or trespassing upon private property in such manner as to damage or destroy
or create an unsanitary condition on such property shall be deemed a
nuisance. Repeated running at large after citation of the owner by any animal
control officer shall also be deemed a nuisance.
(b) Any such person owning any animal constituting a nuisance shall be
summoned before the general district court to show cause why such animal
should not be confined, destroyed, removed or the nuisance otherwise abated
51
and upon proof that the animal constitutes a public nuisance the animal in
question shall, by order of the general district court, either be confined,
destroyed, removed or the nuisance otherwise be abated as such court shall
order; the court may also impose a fine up to one hundred dollars to be paid
by the owner or custodian of such animal. It shall be unlawful and shall
constitute contempt of court for any person to harbor or conceal any animal
which has been ordered destroyed or removed by the general district court or
to fail to confine or restrain an animal when such an order has been entered
by the court.
(c) If the animal control officer or his duly authorized agent has reason to
believe that any animal has, without provocation, attacked or bitten any
person, such animal may be taken into custody and confined by the animal
control officer pending determination of the courts pursuant to this section.
(d) Any person who owns any dog, cat or other animal that has been
adjudged a nuisance pursuant to this section by the general district court and
who appeals that decision to the circuit court shall be responsible for the fees
connected with the impounding of the animal by the animal control officer.
The animal control officer or owner shall confine such dog, cat or other
animal during pendency of the appeal to prevent a reoccurrence of the
nuisance. If on appeal, the circuit court determines that the dog, cat or other
animal is not a nuisance, no such fees for the impounding of the animal shall
be imposed. (11-18-04;-----.)
Sec. 3-28. - Hybrid canine permit.
(a) No person shall import into the county or liberate herein or possess
herein any hybrid canine except pursuant to a hybrid canine permit issued by
Isle of Wight County.
(b) The decision to issue such a permit shall be based upon the following
criteria:
(1) The number of hybrid canines that will be confined on the subject
property which in no case shall exceed two hybrid canines;
(2) The type, quality and extent of the confinement of the hybrid canine
while on the property of its owner. The owner shall be required to provide
adequate confinement as defined in section 3-1 of this chapter;
(3) The background, knowledge, experience, and responsible ownership of
the owner to adequately care for, keep and handle hybrid canines; and
52
(4) The means of handling the hybrid canine while not on the property of
the owner.
(c) The owner applying for a hybrid canine permit shall submit an annual
permit fee as shall be set forth in the Isle of Wight County Uniform Fee
Schedule, as adopted by the board of supervisors, as it may be amended, to
cover the cost of the permitting system. A separate permit shall be obtained
for each hybrid canine owned.
(d) The owner shall be required to provide the following information when
applying for a hybrid canine permit:
(1) The sex of the hybrid canine;
(2) The color of the hybrid canine;
(3) The height and length of the hybrid canine;
(4) Vaccination records including a vaccination against rabies by a
currently licensed veterinarian;
(5) Information as to identification tags, tattooing or other identifying
marks of the hybrid canine; and
(6) An executed consent form authorizing the animal control officer or
designee to inspect the premises where the hybrid is confined for the sole
reason of ensuring that the owner is in compliance with the permit and this
article.
(f) The permit may be revoked or not renewed if the owner has failed to
renew any required permit or has violated a provision of the permit or this
article or any other law pertaining to the responsible ownership of the hybrid
canine, including, but not limited to, the escape of the animal from the
confinement or any death, damage or injury caused by the hybrid canine.
(g) Any person, whether an owner, agent or employee, violating, causing,
or permitting the violation of this article or the conditions of the permit shall
be guilty of a Class 3 misdemeanor for the first violation and a Class 1
misdemeanor for a second or a subsequent violation. Upon conviction of a
violation of this article, the violator shall surrender the hybrid canine to the
animal control officer for euthanasia in accordance with Section 3.2-6562 of
the Code of Virginia (1950, as amended). (11-18-04; 5-1-14;-------.)
(STATE LAW REFERENCE—Sec. 3.2-6582 of the Code of Virginia (1950,
as amended).)
Article IV. – Cruelty to Animals
53
Sec. 3-29. – Cruelty to animals; penalty.
(a) Any person who: (i) overrides, overdrives, overloads, tortures, ill-treats,
abandons, willfully inflicts inhumane injury or pain not connected with bona
fide scientific or medical experimentation, or cruelly or unnecessarily beats,
maims, mutilates, or kills an animal, whether belonging to himself or another;
(ii) deprives any animal of necessary food, drink, shelter or emergency
veterinary treatment; (iii) sores any equine for any purpose or administers
drugs or medications to alter or mask such soring for the purpose of sale,
show, or exhibition of any kind, unless such administration of drugs or
medications is within the context of a veterinary client-patient relationship
and solely for therapeutic purposes; (iv) willfully sets on foot, instigates,
engages in, or in any way furthers any act of cruelty to any animal; (v) carries
or causes to be carried by any vehicle, vessel or otherwise any animal in a
cruel, brutal, or inhumane manner, so as to produce torture or unnecessary
suffering; or (vi) causes any of the above things, or being the owner of such
animal permits such acts to be done by another is guilty of a Class 1
misdemeanor.
(b) Nothing in this Article shall be construed to prohibit the dehorning of
cattle conducted in a reasonable and customary manner.
(c) This Article shall not prohibit authorized wildlife management
activities or hunting, fishing, trapping, or farming activities as regulated
under the Code of Virginia (1950, as amended).
The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden,
Jefferson, Casteen and Bailey voting in favor of the motion and no
Supervisors voting against the motion.
COUNTY ADMINISTRATOR’S REPORT
Mary Beth Johnson, Director of Human Resources, addressed the Board
regarding the County’s Compensation Classification Study; its purpose and
associated background challenges.
Nancy Berkley, Manager, Evergreen Solutions, presented the preliminary
results of the County’s Compensation and Classification Study.
54
Chairman Alphin moved that the study recommendations be referred to staff
to review and provide recommendations to the Board’s Personnel Committee
for implementation feasibility. The motion was adopted by a vote of (5-0)
with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in
favor of the motion and no Supervisors voting against the motion.
Judy H. Winslow, Director of Tourism, briefed the Board relative to the
Marketing Committee’s development of a “Voices from the Isle” video on
the County’s existing website designed to communicate to the public
complex issues being faced by the County.
In addition to the informational items contained under the County
Administrator’s report in the agenda, Ms. Seward announced that the County
underwent a successful bond refunding sale which produced a savings of $2
million dollars. She recognized the County’s 40% increase over the prior
year in United Way contributions.
UNFINISHED/OLD BUSINESS
Jeff Terwilliger, Chief of Emergency Management, addressed the Board
regarding the issue of an unsigned Facility Use Agreement between the
County and the Carrollton and Windsor Volunteer Fire Departments and he
was encouraged to continue with attempts to secure such a signed agreement
with those volunteer organizations. It was noted that any monies allocated
this fiscal year must be returned to the General Fund if not expended.
NEW BUSINESS
Supervisor Darden referenced a recent article in the Smithfield Times
regarding the Town of Smithfield targeting 2,221 acres, mostly located in the
Newport District, with plans to build between 4,400 and 7,300 new homes on
three to five-acre parcels and she requested staff to determine the financial
impact to the County should the annexation occur.
At 10:00 p.m., the meeting was adjourned by Chairman Alphin.
__________________________
55
Rex W. Alphin, Chairman
___________________________
Carey Mills Storm, Clerk
ISSUE:
Regional Reports
BACKGROUND:
The Board of Supervisors has previously directed that an opportunity be
provided for monthly status briefings from Board members who serve as
representatives to the various regional committees and authorities on behalf
of the County.
RECOMMENDATION:
Receive an oral report.
ATTACHMENT:
Listing of regional committees/authorities and Board representation
OrganizationMemberTerm Expires
Hampton Roads Economic Development AllianceDardenDec/Annually
Hampton Roads Military Federal FacilitiesDardenNo Set Term
Alliance
Hampton Roads Planning District CommissionDardenNo Set Term
Hampton Roads Transportation AccountabilityChairmanNo Set Term
Commission
Hampton Roads TransportationDardenNo Set Term
Planning OrganizationAlternateNo Set Term
Southeastern Public Service AuthoritySewardDecember 2017
Popovich/Alternate December 2017
Western Tidewater Regional Jail AuthorityAlphinNo Set Term
JeffersonNo Set Term
Seward/AlternateNo Set Term
Western Tidewater Water AuthorityDardenJune 2018
CasteenJune 2018
SewardJune 2018
Popovich/Alternate June 2018
Regional Reports - P3
(Appointed by Board Vote)
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ISSUE:
Resolution of Appreciation for Members of the County Sesquicentennial
Committee
BACKGROUND:
The General Assembly created the Virginia Sesquicentennial of the
American Civil War Commission in 2006 to prepare for and
commemorate the 150th anniversary of Virginia’s participation in the
Civil War.
The Isle of Wight County Sesquicentennial Committee was recently
recognized by the General Assembly for its efforts to partner with the
State Sesquicentennial Commission in planning for and commemorating
the 150th anniversary of Virginia.
The Board may wish to recognize the efforts of the Isle of Wight County
Sesquicentennial Committee.
RECOMMENDATION:
Adopt and present a resolution to honor the efforts of the Isle of Wight
County Sesquicentennial Committee.
ATTACHMENTS:
- Resolution
- Correspondence from the Virginia Sesquicentennial of the American
Civil War Commission
TO HONOR THE EFFORTS OF THE ISLE OF WIGHT COUNTY
SESQUICENTENNIAL COMMITTEE
WHEREAS, the Isle of Wight County Sesquicentennial Committee was established
in 2008 for the purpose of working with the Virginia Sesquicentennial of the American Civil
War Commission, the comprehensive statewide initiative, to plan for and commemorate this
significant milestone in our state and national history: the 150th anniversary of Virginia's
participation in the American Civil War; and,
WHEREAS, in 2014, the Sesquicentennial Committee developed a multi-faceted,
multi-day event in downtown Smithfield to commemorate the Battle of Smithfield by
engaging visitors at various locations through tours, interaction with living historians,
educational programming, a new Civil War exhibit at the Isle of Wight County Museum,
lectures and more; and,
WHEREAS, the Committee worked with the State Commission to utilize these
resources: the Commission’s 53-foot tractor-trailer “museum on wheels:” Civil War 150
HistoryMobile; the Virginia Historical Society’s panel exhibit: An American Turning Point:
The Civil War in Virginia; and the Library of Virginia’s document digitization and access
program: Civil War 150 Legacy Project; and,
WHEREAS, little was known about the Battle of Smithfield until the
Sesquicentennial Committee conducted extensive research and published an in-depth booklet
about the battle and then developed an educational program with an electronic educational
package and study guide for students; and,
WHEREAS, the Committee coordinated with the Isle of Wight County Division of
Historic Resources and the Isle of Wight County Museum to host eighty-eight separate events
to commemorate the Sesquicentennial; and,
WHEREAS, the Committee was one of thirteen committees across the Commonwealth
honored by the Commission with a Sesquicentennial Leadership Commendation Award for its
support in furthering the goals of the Commission.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the
County of Isle of Wight, Virginia, recognizes and honors the efforts of the citizens and staff
who served on the Isle of Wight County Sesquicentennial Committee.
Adopted this 16th day of July, 2015.
Rex W. Alphin, Chairman
Carey Mills Storm, Clerk
July 16, 2015/jlo/ VDOT Presentation-Franklin Residency Maintenance Update
ISSUE:
VDOT Presentation – Franklin Residency Maintenance Update
BACKGROUND:
Jerry Kee, Franklin Residency Assistant Administrator, will present
maintenance updates for roadways in Isle of Wight County, including
paving, mowing, and ditch maintenance.
RECOMMENDATION:
For the Board’s information.
ATTACHMENTS:
None
July 16, 2015/TSB/Conditional Use Permit Application
ISSUE:
Motion – Approval of a Conditional Use Permit for 17541 Scotts Factory
Road to Allow for Custom Manufacturing on the Site
BACKGROUND:
This is the application of Raymond Barlow, owner, for a Conditional Use
Permit (CUP) to allow for Custom Manufacturing at 17541 Scotts
Factory Road.
The cabinet shop has been operating at the subject location within Isle of
Wight County, and was found to be in violation of the Zoning Ordinance.
The buildings on the property were constructed for agricultural use but
are now being used for a cabinet shop classified as custom
manufacturing, which is an industrial use in the Zoning Ordinance. Upon
discovery, staff worked with the owner to make application for a
Conditional Use Permit, as regulated by the Zoning Ordinance, to
continue the cabinet shop operation.
RECOMMENDATION:
At its May 26, 2015 meeting, the Planning Commission recommended
approval of the CUP by a vote of 9-0 with the following conditions:
1) The CUP be specific to the owner, Ray Barlow, and that the CUP will
automatically expire if Mr. Barlow ceases operation of the business; and
2) Contingent upon approval from the Department of Emergency Services
and the Department of Inspections.
Update:
Since the Planning Commission meeting, the Director of Inspections has
worked with the applicant to identify the necessary code requirements to
bring the existing structures into compliance for a cabinet shop
July 16, 2015/TSB/Conditional Use Permit Application
operation. The Director of Emergency Services has since deferred to the
Director of Inspections.
Therefore, should the Board of Supervisors approve the CUP, the
following conditions should be applied inclusive of a specific
condition from the Director of Inspections:
1) The CUP be specific to the owner, Ray Barlow and that the CUP will
automatically expire if Mr. Barlow ceases operation of the business;
2) Approval is contingent upon approval from the Department of
Emergency Services and the Department of Inspections; and
3) The applicant shall bring the structures into compliance with the
current edition of the Virginia Construction Code within six (6)
months from approval, or approval of the CUP shall be null and void.
ATTACHMENTS:
PC staff report and all attachments
July 15, 2015/TSB/ Conditional Use Permit
ISSUE:
Motion – Approval of Conditional Use Permit to Allow a Car Wash on
Parcel 9C-2 of Eagle Harbor Subdivision, Eagle Harbor Parkway
BACKGROUND:
This is the application of Eagle Harbor LLC, owner and Jennifer Howard
Szakaly, applicant, for a Conditional Use Permit on 1.093 acres, Parcel
9C-2 Eagle Harbor Subdivision, on Eagle Harbor Parkway to allow for
a car wash to be operated on the site currently zoned General
Commercial (GC).
The Eagle Harbor development was rezoned in 1998 to allow for a mix
of residential and commercial uses. The property in question has been
identified for commercial use since that time. During the original
rezoning process, the property was factored into the Traffic Impact
Analysis and Fiscal Impact Analysis as a commercial use.
RECOMMENDATION:
At its June 23, 2015 meeting, the Planning Commission recommended
approval of the application by a vote of 9-0 with the following condition:
1) The hours of operation are between the hours 7:30 a.m. to 8:00 p.m.
ATTACHMENTS:
PC staff report and all attachments
July 16, 2015/RDR/ISLE 2040 Comprehensive Plan Amendment
ISSUE:
Resolution – Approving the Amendment of the Comprehensive Plan to
Provide for Land Use Changes in Accordance with the ISLE 2040 Plan
BACKGROUND:
The Board of Supervisors as part of their three (3) year financial plan
directed staff to develop a long term strategic plan. County Staff from
multiple departments have been developing, over the course of more than
a year, the ISLE 2040 Plan. The purpose of the plan is to address the
multiple challenges currently facing the County through a focused
change in the County’s long range planning.
The plan was presented to the Board of Supervisors (BOS) and Planning
Commission (PC) at the BOS Retreat in August 2014. The BOS at its
October 2014 meeting directed staff to proceed with moving the plan
forward through a public process. The Board provided further direction
in March 2015 after the plan was recommended by the Planning
Commission. That direction was as follows:
1. Tweak population and density in conjunction with revisiting the
Windsor Master Plan.
2. Gather additional citizen input.
3. Consider the addition of conservation areas and greenspace.
4. Reconsider the development potential of the Nike Park Road
Corridor.
5. Investigate the potential value of commercial development to the
County.
6. Address any additional transportation issues which may arise
during the process.
RECOMMENDATION:
At its June 23, 2015 meeting, the Planning Commission recommended
approval of the Comprehensive Plan update by a vote of 5-3-1.
Staff recommends the approval of the Comprehensive Plan Update.
July 16, 2015/RDR/ISLE 2040 Comprehensive Plan Amendment
ATTACHMENTS:
- Resolution
- Staff Response to Comments at June 16, 2015 Planning Commission
- Planning Commission Resolution
- Staff Memo to Planning Commission
- Planning Commission Staff Report
- Comprehensive Plan Chapter 4 Redline
- Comprehensive Plan Maps
RESOLUTION TO AMEND THE COMPREHENSIVE
PLAN TO REVISE CHAPTER 4 GROWTH
MANAGEMENT AND LAND USE AND CHAPTER 6
COMMUNITY FACILITIES AND SERVICES
WHEREAS, the Isle of Wight County Board of Supervisors on
October 16, 2014 directed that the ISLE 2040 Growth Plan be referred to the
Planning Commission for its consideration and that staff be directed to do all
things necessary to proceed with the Plan in a timely manner, and;
WHEREAS, on June 23, 2015 the Planning Commission in accordance
with Section 15.2-2229 of the Code of Virginia, by resolution, recommended
the approval of the amendment to the Comprehensive Plan, and;
WHEREAS, the Isle of Wight County Board of Supervisors, upon
recommendation of the Isle of Wight County Planning Commission, finds it
advisable to amend Chapter Four and Chapter Six of the Plan to include
amended text and maps on land use in Isle of Wight County, and;
WHEREAS, the Isle of Wight County Board of Supervisors has given
notice and held a public hearing on said amendment to the Comprehensive
Plan on July 16, 2015, as required by Section 15.2-2204 of the Code of
Virginia.
NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight
County Board of Supervisors hereby adopts the revisions to Chapter Four and
Chapter Six of the Isle of Wight County Comprehensive Plan, to include all
text amendments to Chapter Four and Maps 4-9, 6-1, and 6-2 as presented on
this date.
Adopted this 16th day of July, 2015.
Rex W. Alphin, Chairman
Carey Mills Storm, Clerk
Approved as to Form:
Mark Popovich, County Attorney
MEMORANDUM
DATE: June 16, 2015
TO: Isle of Wight County Planning Commission
FROM: Richard Rudnicki – Assistant Director of Planning and Zoning
SUBJECT: ISLE 2040 Revisions from June 16, 2015 Meeting
Please find attached the three changes which were clearly articulated during the June 16, 2015
special meeting of the Planning Commission. They are as follows:
1. In the Comprehensive Plan Chapter 4 on page 4-13, under the character section of the
Suburban Residential Land Use type, the word “multifamily” was struck and replaced with
“single-family attached” to more clearly reflect what is allowed within the district.
2. In the Zoning Ordinance Article IV Section 6001 and 6002, accessory apartments were
struck from the Permitted Uses and returned to the Conditional Uses.
3. In the Zoning Ordinance Article IV Section 8005, the density allowance for the Zoning
District was clarified to be 10 units per acre for all housing types, and preventing any
confusion with the Supplemental Use Regulations provision of a higher density.
There were mapping changes discussed in the meeting on June 16, 2015, however, staff chose not
to try and implement any of these changes prior to the June 23, 2015 meeting. The reason for this
decision was to allow the Planning Commission to make specific requests after further review of
the maps so that changes requested were clear and no speculation on staff part was needed.
Additionally to ensure that any change made had adequate time to be evaluated and wasn’t rushed
forward for the meeting. If you have specific areas that you would like to consider changes on
please be prepared to specify those on June 23 so that those changes can be made without
confusion.
Please contact me at 365-6276, or by email at rrudnicki@iwus.net should you have any questions.
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PLANNING REPORT
APPLICATION:
A resolution to amend the Comprehensive Plan of Isle of Wight County,
Virginia through changes to land use, including transportation, utilities
and other public facilities in the Newport Development Service District
and adjacent areas as commonly referred to as the ISLE 2040 Plan. The
purpose for these changes is to respond to county and market conditions
which have evolved significantly since the adoption of the
Comprehensive Plan.
ELECTION DISTRICT:
Newport, Smithfield, Windsor
LOCATION:
Current Newport Development Service District and surrounding areas.
BACKGROUND:
The Board of Supervisors as part of their three (3) year financial plan
directed staff to develop a long term strategic plan. County staff from
multiple departments worked to develop, over the course of several
months, the draft ISLE 2040 Plan. The plan was presented to the Board
of Supervisors (BOS) and Planning Commission (PC) at the BOS Retreat
in August 2014. The BOS at its October 2014 meeting directed staff to
proceed with moving the plan forward through a public process. The
purpose of the plan is to address the multiple challenges currently facing
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the County through a focused change in the County’s long range
planning. Some of the challenges the county faces include:
Projected Growth – The Hampton Roads Planning District
Commission (HRPDC) projects the County to grow by 27,000+/-
residents through 2040. At this time the County’s long range plan
would only be able to accommodate around 10,000+/- (4,800
units) new residents within the existing Newport Development
Service District (NDSO) boundaries and land use scenarios. Staff
believes that a more focused growth pattern and an expansion of
the NDSO is the best way to provide for this growth in a fashion
that supports the County’s long term goals, protect natural
resources and the agricultural community, capitalizes on
investments already made, and is the most fiscally responsible
moving forward.
Struggling Development – Currently the county has multiple
stalled developments, and approved projects which are not going
to construction. Many of these projects have been brought to the
county for revisions to the approved plans in order to change the
density and types of products within the plan. Additionally there
have been multiple amendments made to approved proffered
conditions on projects. After conversations with the development
community it has become clear to staff that the County’s Land Use
and Zoning do not reflect the current market conditions,
particularly the reduction in land values after the recessions,
changes in the banking industry, and increased population criteria
for commercial development. Staff believes the proposed changes
to the Land Use Plan and the Zoning Ordinance more accurately
reflect the conditions in the market today.
Lack of Amenities/Limited Market – Through a recent survey
conducted by the County it was identified that citizens want more
services within the County. Retail, entertainment/dining, and
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medical facilities are all highly desired within the community.
Currently a large portion of citizen needs for these services are met
outside the County. Staff has identified the needed requirements of
a variety of businesses and found that the NDSO, while being the
most populated portion of the county, does not have the number of
residents to support the majority of target businesses. In order to
more effectively recruit businesses to the county, staff needs to be
able to show a population base, in addition to sufficient vehicle
trips on adjacent roadways, which can effectively support the
business. The proposed changes will allow for an increase in the
population which can effectively support and grow businesses
within the county.
Water Supply – The County, as part of the Western Tidewater
Water Authority (WTWA), has contracts for water and the
associated debt, $250 million dollars over the life of the contract,
whether or not we utilize the water volumes. In order to utilize the
full volumes and receive the most benefit for the County’s
investment, the County needs to approach 24,000+/- residential
customers and/or some equivalent of commercial and industrial
volume. Under the current land use scenario the county would only
reach 9,000+/- total customers in the Newport DSD including
those already existing, 1,900 approved new units, and 4,800
potential, but not including retail, office, and industrial users.
Under the proposed land use plan staff believes the number can
reach 19,000+/-. Once retail, office, and industrial users are
considered, the county will be effectively using the water volumes.
Struggling Tax Base – The County has high median household
incomes and household values, while currently having a budget
deficit. Part of the reason for this is the composition of the tax base,
which is heavily oriented to agriculture and low in residential and
commercial when compared to surrounding municipalities. Staff
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understands the importance of a strong agricultural base within the
community, but also sees the need to encourage development
which can shift the composition to a more favorable balance by
growing the commercial/retail tax base. The proposed plan allows
for a shift in the composition of the tax base over time. This shift
will have a stronger fiscal benefit for the county and also take
pressure off the agricultural community, and further protect the
agricultural land base.
Aging Community and Workforce – The County’s two largest
economic development challenges are a lack of work force and
housing affordable to the work force. A major factor is the County
aging rapidly, with a median age of 43.7 years, the County is 6.5
years older than the state average. Combined with the “baby
boomer” population reaching 65 plus years old, the percentage of
the population over 65 is expected to double by 2040 from 6,000
to 12,000. Concurrently birth rates are declining meaning a
reduced labor force to replace the aging population, the County 19-
34 population is projected to remain constant at 8,000 during this
time period unless changes are made. Combined these two
variables place a premium on the attraction and retention of a
younger demographic to start, support, and grow businesses in the
County. In order to attract this demographic the need for a high
quality of life with considerable amenities, a variety of housing
stock, and compact environments with transportation options other
than cars (walking/biking) is needed. Additionally, these same
characteristics have been identified as key to allowing the older
population in a community to “age in place”, maintaining the
social capital they bring to the community.
The Planning Commission considered and recommended approval of
ISLE 2040 by a vote of 7-1, following a public hearing, at its January
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27, 2015 meeting. The Board held a public hearing on March 19, 2015
and chose to take no action at that time. On April 1, 2015 the Board
directed staff to address six (6) concerns they had with the ISLE 2040
plan and returned it to the Planning Commission. The six (6) concerns
as identified by the Board were:
Tweak Population and Density Numbers in Conjunction with
the Windsor Master Plan – Based on the directive of the Board,
significant public concern with using the most aggressive
population estimate, and the suggestion of Dr. Michael
Chandler (planning consultant), staff revised the population
projection countywide. Staff revised the population projection
to follow the County historic trend of 17.8 percent providing a
new estimate of 22,386 population growth versus the Hampton
Roads Planning District Commission (HRPDC) projection of
27,530 population. Staff also provided the distribution of the
population growth throughout the County (see table below).
Smithfield/Carr
ollton*
Windsor Remaining Co. Total
Historic Trend Pop.
Growth
17,745 3,377 1,264 22,386
Historic Trend
Units
7,887 1,501 561 9,949
Percent of IOW 79.3% 15.1% 5.6% 100%
*Smithfield = 6,325 Population, 2,811 Units
Using the revised projection staff reinvestigated the Windsor
Land Use Map and developed a new map (see below) which
can accommodate the projected growth in (3,377 population or
1,501 units) plus a significant overage if growth in the
intermodal park and the market dictate.
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Gather Additional Citizen Input – Based on this directive of the
Board, staff brought in Planning Consultant Dr. Michael Chandler
to facilitate a public meeting, held on May 11, 2015. At the
meeting, citizens were given a short presentation, then broke into
groups to perform a mapping exercise and complete a survey. This
information was presented to the Planning Commission on May
26, 2015, the information handed out at that time is attached.
Consider Adding Conservation Areas and Greenspace – Based on
this directive, staff spent significant time mapping the Resource
Conservation (RC) Land Use layer (see below) which was
identified in 2001 but not in 2008 to be included in the ISLE 2040
maps. The RC Land Use is intended to preserve sensitive areas and
helps clarify the misconception that wetlands were included for
development in the ISLE 2040 Plan.
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Based on significant greenspace and low density development
identified by citizens during the mapping exercise, and the reduced
population numbers providing increased land use flexibility, staff
included a significant amount of green space in the revised ISLE
2040 map.
Reinvestigate the development potential of Nike Park Road –
Based on this directive, staff looked at the Nike Park Road
Corridor again. In doing so, the Resource Conservation areas,
wetlands as projected by the National Wetlands Inventory,
Resource Protection Area as defined by the Chesapeake Bay Act,
and soils were considered. Using this information a preliminary
planning assessment of development potential was developed (see
below). This assessment shows a significant amount of
development potential along Nike Park Road. Prior to any actual
development site specific analysis would be done by a prospective
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developer to further identify environmentally sensitive areas. Staff
believes that the existence and preservation of these sensitive areas
will limit the amount of development along this corridor which is
a desirable outcome.
Additionally the Brewer’s Neck Corridor Study very clearly
identifies the projects necessary to support growth along this
corridor with time frames for completion and project estimates.
These include the extension of Nike Park Road to US 17, safety
improvements such as improved shoulders, signage, and drainage
improvements, turn lanes at Reynolds Drive and Titus Creek
Drive, and a roundabout at the Nike Park and Battery Park Roads
intersection. Staff believes that these identified improvements per
the study will increase the safety for the commuters that have
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established the Nike Park Corridor as an alternate route to Route
17.
Determine Potential Value of the Commercial Space in the ISLE
2040 Plan – In order to assess the value of commercial space in
the ISLE 2040 plan, research into the value of existing space was
completed. This research determined the value of existing space
within the Newport Development Service District arriving at a per
square-foot value to the County. This value was then applied to the
space currently approved and unbuilt in the area and the potential
space in the ISLE 2040 plan, resulting in a potential value of just
over five million dollars per year to the County. The table below
provides a more detailed breakdown.
Square Feet Value Value/SF
Existing Space 370,000 $917,539.19 $2.48
Potential Space in
ISLE 2040
954,000 $2,365,763.21 $2.48
Currently
Approved Space
1,089,150 $2,700,913.00 $2.48
Total Potential 2,043,150 $5,066,676.21 $2.48
Address any Additional Transportation Issues which might arise –
As part of this planning process a determination from VDOT was
required to determine if their review was warranted and if so which
of their processes needed to be addressed. Staff developed a trip
generation projection, using the Institute of Transportation
Engineers Manual (ITE) as required and approved by VDOT,
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which compares the 2008 Comprehensive Plan Land Use map with
the proposed ISLE 2040 Land Use map. Through this projection it
was determined that the ISLE 2040 plan has a lower trip generation
potential than the 2008 plan, therefore, a VDOT 527 review is not
required. Additionally, because the ISLE 2040 plan is not a regular
update of the Comprehensive Plan, staff believes the 729 update
addressing Corridors of Statewide Significance and the 6 Year
Improvement Plan is not required at this time and is working with
VDOT on a determination to that effect (see attached VDOT
response). The 729 update will be undertaken as its own process
in 2016.
Staff believes the revised map and textual changes attached fully address
the concerns expressed by the Board of Supervisors. The revised ISLE
2040 plan was informed by the additional citizen input gathered during
this process. The plans lower the population projection, include a
substantial increase in open space, and still meet the future needs of
County growth, while considering sensitive areas and providing a
significant economic benefit to the County.
DESCRIPTION:
The following revisions to the Comprehensive Plan are being proposed
by staff. The purpose of these revisions is to reflect changes identified
from the County’s ISLE 2040 Plan. Details about the revisions are
provided below.
Increased Densities in Residential Land Uses – The densities
outlined in the plan have been adjusted to reflect reduced lot sizes,
providing for more density in response to the current market.
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Creation of Urban Residential (UR) Land Use – The UR land use
helps capture several zoning classifications which were previously
not well covered. Additionally it allows for more transition
between the higher and lower density land uses while keeping a
residential focus.
Expansion of Newport Development Service District (NDSO)
o Nike Park Rd. – This expansion captures an already
developed growth area (Gatling Pointe) that requires public
utilities and that was previously included in the 1991
Comprehensive Plan but was disconnected from the service
are in 2001. It also incorporates an important civic location,
which may require public utilities in the long term, into the
NDSO, and supports the long term growth within the county
while minimizing the impact to the agricultural land base.
o Sugar Hill Road – This expansion captures an area
previously within the NDSO, supports the long term growth
within the county while minimizing the impact to the
agricultural land base, and allows for development
consistent with recent development activity occurring along
Sugar Hill Road.
o New Towne Haven Lane – This expansion captures an area
previously within the NDSO, supports the long term growth
within the county while minimizing the impact to the
agricultural land base, and allows for the development of
properties adjacent to areas already slated for development.
o Protect the County’s Jurisdictional Boundaries – The County
needs to have the ability to provide public utilities to its
existing utility customers which were disconnected from the
service district with the 2001 Comprehensive Plan. The
current growth management objectives of the County’s
Comprehensive Plan recommends that public utilities not be
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extended outside a Development Service District. Without
the expansion, the County could not provide public utilities
to its existing customers, leaving the County vulnerable to
the threat of annexation.
Reduced Business and Employment – The reduction in Business
and Employment is paired with a shift toward Mixed-Use. The
purpose of this is to support commercial growth with associated
and supporting residential growth and to allow for commercial
development to be more integrated within the community. It also
provides flexibility which reflects and withstands changing
dynamics in the market conditions.
Text Amendments – There are a variety of amendments to the text
within Chapter 4 which help update the chapter to include and
further elaborate on all the proposed changes.
The effected redlined chapter of the Comprehensive Plan and revised
map are attached for your review.
CHANGES FROM DECEMBER TO JANUARY PC MEETINGS:
The following were key discussion points at the December 16, 2014
Planning Commission meeting and how each has been addressed.
Is the Urban Residential (UR) designation on Turner Drive (across
from Smithfield High School) appropriate? Staff should consider
changing to a lower land use.
o Staff has decided to maintain this area as UR; the area meets
several guidelines set forth in the Comprehensive Plan for the
UR land use as well as overall goals of the plan, some
considerations for this decision are:
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The area has direct access to a major arterial roadway,
Benns Church Blvd. - Rt. 10/258, in the county;
The area has the potential to support the Mixed-Use (MU)
designation across Benns Church Blvd.;
The area strongly promotes multi-modal transportation
options to the school, to commercial development within
the town, and to potential commercial development in the
county.
Is the Urban Residential (UR) designation on the Scott Farm (corner
of Battery Park Rd. and Nike Park Rd.) appropriate? Staff should
consider changing to a lower land use.
o Staff originally placed this UR designation because it would
allow continuity across the Town/County border, and a desire
for higher density was expressed by the landowner.
o Staff has decided to reduce this area to Suburban Residential
(SR).
This consideration has been brought forward at several
public meetings as well as by the planning commission.
The change to SR supports a development character more
in keeping with the surrounding development and the
corridor as a whole.
The SR land use will serve as a transition from the Town
to the County and its existing communities as the
Comprehensive Plan outlines.
Why is Historic St. Luke’s designated as MU and surrounded by MU?
o Historic St. Luke’s was changed to the Civic land use in the
plan, to more accurately reflect its role and importance within
the community.
o The surrounding land uses are currently MU and Business and
Employment (BE). The change to entirely MU should provide
for a more compatible surrounding development pattern by
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providing more housing and buffering options to the church
property.
o It is important to note that a large portion of this surrounding
area falls within the St. Luke’s Historic Overlay District and
will have an extra layer of review as it develops.
CHANGES FROM JANUARY TO JUNE PC MEETINGS:
The following are key changes to the Land Use Map and text from the
version of ISLE 2040 approved in January.
Map:
The inclusion of 2,087 acres of Resource Conservation Land Use,
accounting for nineteen and four tenths percent (19.4%) of the total
district, to be preserved as protected open space.
The inclusion of 1,119 acres of Conservation Development Land
Use, accounting for ten and three tenths percent (10.3%) of the total
district, to be largely preserved with residential development of one
(1) unit per five (5) acres.
The Resource Conservation and Conservation Development Land
Uses are all located in areas identified by citizen input as desirable for
preservation.
Reduction from Urban Residential to Suburban Residential on Turner
Drive and Benn’s Church Boulevard. This change is consistent with
citizen input that Urban Residential Land Use should only be located
at the Bartlett Intersection (Brewer’s Neck/Carrollton Boulevard).
Northern end of Nike Park Road reduced from exclusively Suburban
Residential to a mix of Suburban Residential, Suburban Estate, and
Conservation Development having an overall lower level of density.
Land Use on the Channel Farm located on Channel Way was reduced
to lower density and a portion of the property put into Conservation
Development which allows for significant preservation.
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Reduction to Conservation Development of the majority of the Sugar
Hill Road expansion area.
Text:
Density range in Suburban Residential reduced from 3-6 units per
acre to 3-5 units per acre.
Density range in Urban Residential reduced from 6-10 units per acre
to 5-10 units per acre.
Planned Development – Mixed Use density maintained at the existing
14 units per acre instead of the initially proposed 15 units per acre.
Adjustments to Table 4-3 showing Land Use Type acreages and
percentages in the district to reflect all changes.
STAFF RECOMMENDATION:
Staff recommends approval of the Comprehensive Plan Amendment as
presented.
ATTACHMENTS:
Comprehensive Plan Chapter 4 redlined version
Comprehensive Plan Chapter 4 NDSO Land Use Map
Previous Comprehensive Plan Chapter 4 NDSO Land Use Map (for
comparison)
Comprehensive Plan Chapter 4 final version
Comprehensive Plan Chapter 5 Service Area Maps
Citizen Input Meeting Summary (Presented to PC on May 26, 2015)
VDOT Response
Citizen Letters
PC Adoption Resolution
Comprehensive Plan 4-1 Isle of Wight County, Virginia
Chapter Four
Growth Management and Land Use
Throughout most of its long history, Isle of Wight has been characterized by a number of compact
communities and rural settlements spread over a landscape of farmlands, woodlands, waterways,
shoreline, and extensive undisturbed natural areas. For years, the County has been noted for its
rural character and image, its James, Pagan, and Blackwater River shorelines, its rich historical
and cultural heritage, and its slow-paced rural way of life.
The rapid growth in the Hampton Roads region has brought changes to the County: changes
welcomed by many, lamented by others, but of concern to all. Inevitably, in such a process, Isle
of Wight County's renowned assets, such as an abundant access to waterways and scenic vistas,
have been threatened by development, increased traffic volumes, declines in the quality of the
natural environment, services unable to meet needs, housing problems, and declining agricultural
land base.
Growth management must be a coordinated effort by County government to achieve a more
efficient pattern for future development, in accordance with a comprehensive land use plan for
the community. A growth management strategy will guide new residential development to
locations where adequate public infrastructure such as roads, water, sewer, schools, and related
facilities, is available or can be provided most efficiently and cost effectively. Commercial,
office, and industrial development areas to serve residential development will be identified. Open
space, agricultural areas, and environmentally sensitive areas which require protection and
conservation, will be identified.
Growth management is not a new idea for Isle of Wight County. The 1977 Comprehensive Plan
For Future Land Use designated County “Growth Areas.” However, efforts to define and
implement the growth management concepts of the 1977 Plan were judged to be less than
effective. The 1991 Comprehensive Plan reinforced the notion of designated areas for growth in
the County and established three “Development Service Districts” (DSDs) which in recent years
have served and are expected to continue to serve as the principal locations for residential,
commercial and employment growth in the County. Most recently, the Virginia General
Assembly added Section 15.2-2223.1 to the Code of Virginia which requires every locality,
including the County that has met a minimum level of decennial population growth to designate
Urban Development Areas (UDAs) on their future land use plans which are appropriate for higher
density development. Later sections of this plan provide recommendations for guiding the form
and qualities of development within each of these areas to reinforce and enhance previous County
planning efforts.
Growth Management Planning Considerations
Comprehensive Plan 4-2 Isle of Wight County, Virginia
The population projections indicate that the County can expect an increase in population of as
many as 11,772 new residents, representing a 40 percent increase in population, by the year 2030.
The form, pattern and distribution of new development required to satisfy this growth in
population together with the qualities of commercial and industrial development to meet these
residents' shopping and employment needs will influence a number of future characteristics
which, taken together, represent the future quality of life in the County.
Land Consumption Implications
One characteristic of growth is its form. If the County gains 11,772 new residents, land will need
to be consumed to support approximately 4,545 new households. Varying forms of growth yield
either sprawling or condensed development. Table 4-1, Land Consumption Options, indicates
the land required to satisfy population requirements under several lot size scenarios.
Table 4-1 illustrates the fact that depending on densities of future development that occur, the
amount of land consumed for development can vary significantly. Converting households to acres
of development begins to create an image of what the growth might look like on the landscape.
As shown in Table 4-1, if all growth were channeled into two-acre lots, it would consume
approximately 11,363 acres.
Table 4-1
Land Consumption Options to Satisfy Projected Population Growth
2000-2030
Additional
Year-round
Housing
Units
Estimated Acres of Land Needed with:
.2 acre lots
(five units per acre)
.5 acre lots
(2 units per acre)
1 acre lots 2 acre lots
4,545 1,018 acres 2,841 acres 5,681 acres 11,363 acres
Source: Redman/Johnston Associates, Ltd. Figures shown assume land requirements for streets to serve lots will
range from 12% of land in lots for densities at five units per acre to 25% of land in lots for .5 units per acre
densities. Figures updated for 2030 by Department of Planning and Zoning using current projections
Obviously, this will not be the case since development in some locations will be of a higher
density, such as that found in a number of existing subdivisions (e.g. Eagle Harbor or Founders
Pointe). Moreover, future development will be widely distributed in various locations and will
not all be located in the County’s DSDs. As population increases non-residential growth is also
required to support the needs of new residents. Therefore various forms of commercial retail and
service development and industrial development will also consume land area which may represent
as many as 2,000 to 3,000 acres of additional land.
The land consumed for residential development includes, not only land devoted to lots, but land
for street systems to serve lots. At low densities (e.g. more than 2 acres per lot) this may represent
25% more land than is represented by the actual lots themselves. Higher densities of development
Comprehensive Plan 4-3 Isle of Wight County, Virginia
(4 to 5 units per acre) may only require 10 to 15 percent additional land area for roads or street
systems, underscoring the greater efficiency in land consumption associated with higher densities.
The consumption of land is an important consideration in determining the impact of growth on
County character and qualities. Various forms of growth and densities of development can
produce widely different visual qualities that will significantly influence the character of the
County in future years.
The County should acknowledge the limited ability to absorb growth while understanding that
there may be increased density resulting from ongoing development. It must be recognized that
there is a finite carrying capacity for development and that density should be limited so that
overcrowding does not become a detriment to the quality of life for county residents. It is critical
to note that even the density of cluster development should be managed to assure a continuation
of the County quality of life.
Cost of Public Services
Among the factors, which influence quality of life are the costs to provide requisite public services
to County residents including constructing community facilities necessary to house many of these
services. Most of these services are provided directly by the County or certainly supported by
County fiscal resources. They include schools, roads, police protection, fire protection,
emergency medical services, provision of adequate water supplies and wastewater treatment
facilities and solid waste management facilities.
Though there are many employment opportunities in the County, a substantial number of County
residents work outside its borders. If this bedroom community form of growth continues, it can
result in greater demands for public services than the County can supply. Generally speaking,
unlike commercial and industrial forms of development, the tax revenues generated by residential
development are often less than the cost of additional services it requires.
Both demands for services and the costs of services and facilities have increased substantially in
recent years. In most cases, fostering compact forms of development can improve the efficiency
and reduce the “per unit” costs to provide public services. It can also produce more acceptable
impacts on the natural and man built environmental features of the County.
Sense of Community and Rural Character
While the future costs of County services are of obvious and tangible import, a number of other
more subtle, yet equally important, County qualities can also be influenced by the amount, form,
distribution and qualities growth takes in the County. The rural and scenic qualities of many
County areas have gradually disappeared with a suburban character taking its place in these areas.
Nevertheless, most of the County continues to retain its rural character and qualities, which have
traditionally defined the County, and represent an image favored by most residents. This rural
character has supported a strong "sense of community" in Isle of Wight, which is among its more
Comprehensive Plan 4-4 Isle of Wight County, Virginia
important assets. The form and distribution of future growth in the County will clearly affect the
capacity of the County to retain these important qualities.
Quality of the Natural Environment
Isle of Wight County’s natural environment assets include rolling topography, scenic rivers,
wetlands, swamps, stream valleys, forested areas, farmlands and rural landscapes. These features
create a setting of notable beauty. Ironically, the development, which accompanies population
growth, threatens the natural features which attract people to the County.
The consumption of land by man-made development has resulted in the loss of some of these
important environmental features, which can diminish the environmental quality of the County
and its aesthetic appeal. As development proceeds, floodplains, wetlands, upland natural areas,
are altered and wildlife habitats are lost. As woodlands are cleared for development, watersheds
are denuded, soil is washed into streams, and wildlife habitats reduced. Development in
floodplains often results in both property and natural environmental damage from increased
flooding. In addition, development can mean that vistas of the natural landscape are lost and
replaced by man-made structures.
Quality of the Man-Built Environment
As the pace of development grows, there is concern that the quality of development in the County
will decline in addition to a fear that the needs of older traditionally small community centers will
be ignored. Additional concerns include strip commercial development along the highways, a
condition which is unattractive and reduces the safety and traffic-carrying capacity of roadways;
and, heavy traffic along many of the more minor roads from increasing numbers of commuters.
In short, a wide range of both fiscal as well as quality of life features within Isle of Wight County
will be influenced by future growth and the pattern it takes.
Dimensions of Growth Management
Consideration of efforts to manage growth has led Isle of Wight County to recognize there are
several basic elements of growth management, each having a different aspect or function. One
aspect of growth management is seeking to influence the type and amount of growth. A second
aspect is one in which it is the location or distribution of the growth that is to be controlled. A
third is related to the cost of the development and who pays for development related costs.
Finally, quality control can be employed to some degree with all implementation strategies
accommodating growth by applying specific performance standards to control qualities of site
design and provide environmental protection.
For the most part, the need to manage growth is due to the limited financial resources the County
has to provide facilities such as sewers, schools and highways, which are necessary to meet
projected demand. That concern is primarily related to the fear that current residents will have to
Comprehensive Plan 4-5 Isle of Wight County, Virginia
pay for growth. All development related costs must be paid for and the question of who pays is
an issue upon which most citizens and elected officials have had to focus their attention in recent
years. The amount, distribution and timing of population growth and development are all
conditions that County growth management objectives are intended to address. These factors, in
turn, determine the costs of providing the facilities needed to support the new population and also
influence the qualities of non-residential (commercial, industrial, and institutional) growth in the
County.
Conclusion
Given the growth trends facing Isle of Wight County, a philosophy of growth management was
forged in 1991 that can be basically described as a "contained growth" strategy. This philosophy
provided for management of the location of future County growth by designating three DSDs for
containment of the majority of expected development. This strategy permits more efficient future
targeting of investments in transportation improvements as well as in improvements to, or
expansion of, sewer and water facilities. Containment of the majority of County growth in these
three districts within the County requires less land to be consumed County-wide by future land
uses and, therefore, permits retention of rural character in other areas of the County. Maintenance
of rural densities in these areas will minimize demand for public and capital investment and
capital improvements permitting the County to target future capital improvements to "contained
growth" areas. These improvements can then be considered more cost-effective as public
investments will be focused in areas where the greatest concentration of users or beneficiaries
exist to use them.
Development in these three districts will take advantage of existing higher capacity transportation
thoroughfares (Rt. 10/17, Rt. 460, and Rt. 58 corridors) in the County and reduce the potential for
negative environmental impacts to sensitive resources in County locations outside targeted
growth areas.
The "contained growth" philosophy is supported by a number of studies conducted nationwide in
recent years which have evaluated the differences in impact on social, environmental and
economic resources resulting from alternative development patterns. Noteworthy among such
studies is one undertaken jointly at the Federal level by the Council on Environmental Quality,
the Department of Housing and Urban Development and Environmental Protection Agency. The
conclusions of their research are documented in The Costs of Sprawl published in 1974. A
number of more recent studies have detailed the differences in cost between sprawl and more
contained growth patterns (Duncan 1989, Frank 1989, and Burchell 1992). Taken together, these
three studies show that contained or “smart” development consumes 45% less land, costs 25%
less for roads, 15% less for utilities, 5% less for housing, and costs 2% less for other fiscal impacts
(Burchell and Listokin, 1995).
Another way to express the costs of sprawl is to examine the cost of providing services to a single
dwelling unit in different development patterns. A study performed by James Frank in 1989 for
the Urban Land Institute (ULI) titled The Costs of Alternative Development Patterns, did this by
Comprehensive Plan 4-6 Isle of Wight County, Virginia
reviewing 40 years of fiscal impact studies and expressing their results in 1987 dollars. His
conclusions, summarized in the table below, are that it costs more to service homes in low-density
developments located far from public service centers. The original 1987 dollar amounts were
updated to 2003 dollars using the method referenced below.
Table 4-2
Capital Cost of Services for a Single Dwelling Unit
Development Pattern Capital Cost (1987
Dollars)
Capital Cost (2003
Dollars*)
Smart growth (mix of housing types) $18,000 $29,148
Low density sprawl $35,000 $56,675
Low density sprawl, 10 miles from existing
development $48,000 $77,727
Source: Burchell and Listokin, Land Management, Housing Costs and Fiscal Impacts Associated with Growth:
The Literature on the Impacts of Sprawl versus Managed Growth, Lincoln Institute for Land Policy, 1995
*Converted from 1987 dollars to 2003 dollars using the formula provided by Economic History Services
that is based on the Consumer Price Index.
Stated in general terms, the major conclusion of research is that, for a fixed number of households,
“sprawl” is the most expensive form of residential development in terms of economic costs,
environmental costs, natural resource consumption and many types of personal costs. The County
needs to encourage development in areas where adequate public facilities exist or can be
efficiently provided. Management of the location of growth is but one of many growth
management measures designed to achieve County objectives. Management of the costs of
development, particularly in those areas where future development is to be contained, is also
important components of the County’s growth management strategy.
Finally, the qualities of development need to be afforded attention through adoption of land use
controls, which include quality of site design and environmental protection performance
standards particularly where higher development densities are to be contained. Conservation
Development Practices, Overlay zones and development guidance systems (see the Land Use
Plan element) will be required to minimize environmental impacts and public costs, and foster
quality in site design as threshold requirements for development approval through conditional
rezoning.
In summary, the primary purpose of the Comprehensive Plan is to manage future County growth,
recognizing that a serious commitment to this objective requires management of growth's rate,
location, quality and costs. Only through treatment of all these aspects of growth can real results
be anticipated.
The following elements of the Plan, particularly the Land Use Plan Element, establish detailed
policies, which serve to implement these growth management concepts.
Comprehensive Plan 4-7 Isle of Wight County, Virginia
Growth Management Issues
While the topic of growth management encompasses many aspects of County growth and
development, it most strongly relates to land use planning. Existing and future land use patterns
will affect such things as: planning for water, sewer, and other community facilities; planning for
roads; planning for economic development; agricultural preservation; opportunities for affordable
housing; protection of sensitive environmental features; natural resource management; etc.
Decisions made concerning land use affect most other aspects of County growth management.
Early in the process of developing the 1991 Comprehensive Plan a number of growth and
development issues and concerns were identified by County residents and a Plan Advisory
Committee formed at that time. Many of these issues and concerns have been re-affirmed, and
others have been identified by a Citizens Advisory Committee formed in 1998 to guide the update
of the 2001 plan. These issues and concerns form the basis for establishing growth management
objectives for Isle of Wight County. They include:
The need to accommodate new growth (residential, commercial, and industrial) in an
orderly fashion with respect to location considerations, environmental and economic
impacts, and quality of development.
The need to preserve rural character, which includes agriculture, open space, low taxes,
low crime rate, and a strong sense of community.
The need to preserve the agricultural and seafood industries and traditions within the
County.
The need to conserve and protect the County's natural resources and environmentally
sensitive areas.
The need to provide additional commercial and industrial opportunities within the County
to maintain a favorable tax base and mix of employment opportunities.
The need to provide needed community facilities in a cost-efficient manner so that new
development pays a “fair-share” of the costs associated with additional demand.
The need to plan ahead for future road improvements and new alignments with
consideration given to avoiding congestion and the appearance of future County highway
development.
The need to improve cultural and recreational amenities such as libraries, parks, historic
sites, and waterfront access which will improve the quality of life for County residents.
The need to encourage the provision of a variety of housing opportunities, ranging in type
and affordability, which are compatible with the existing high-quality residential character
Comprehensive Plan 4-8 Isle of Wight County, Virginia
of the County.
The need to improve coordination/cooperation between the County and incorporated
jurisdictions, both within and adjacent to Isle of Wight, regarding growth management.
Growth Management and Land Use Goals and Objectives
Objectives
Discourage growth in areas with significant natural development constraints such as
environmentally sensitive areas and natural resource areas.
Direct the majority of future County development to areas already served, or proposed to be
served, with adequate public facilities such as sewer, water, roads, schools, etc., consistent
with approved plans for the phasing of these improvements.
Limit future suburban sprawl in rural and agricultural areas where adequate public facilities
do not exist or where their provision would not be cost-effective.
Preserve farmland, forested areas, open space, and rural character.
Discourage strip development along County roads and highways for both traffic safety and
aesthetic reasons.
Require that adequate public facilities are in place or will be in place according to an
approved phasing plan prior to development approval, regardless of where the development
is located.
Provide land areas for balanced future commercial and industrial development in locations,
which are compatible with existing and planned residential development.
Encourage future growth to pay a “fair-share” of the associated costs for additional public
facilities and services for which new development generates demand.
Improve the quality of future development and redevelopment in DSDs through improved
site planning, landscaping and development design guidelines that foster a clear sense of
neighborhood and community.
GOAL: To guide future development into an efficient and serviceable form which
is protective of the County's predominantly rural character.
Comprehensive Plan 4-9 Isle of Wight County, Virginia
Encourage new development within DSDs, UDAs, and designated activity centers to
consider incorporating traditional neighborhood design (TND) concepts that are reflective of
the characteristics of small older communities of the late 19th and early 20th centuries. These
design concepts include smaller front yards and the appearance of a clearly defined
streetscape; mixed land uses; grid street patterns; emphasis on pedestrian circulation;
intensively used open spaces and architectural character which together foster a sense of
community.
Identify and preserve historic and/or architecturally significant areas, sites, buildings, and
properties within the County.
Coordinate County growth management plans with plans and policies of the incorporated
Towns of Smithfield and Windsor, and adjacent jurisdictions.
Preserve the unique character of the County's many existing small rural villages.
Growth Management Concept
The County growth management concept is best reflected through the Land Use Concept plan
map (Map 2-1). The map identifies those locations most appropriate for future development as
well as areas of the County where development should be limited to protect rural character or
protect sensitive environmental resources. The Land Use Concept plan provides the basis for
targeting future investments in public infrastructure to support development in appropriate
locations. The growth management concept, at the broadest level includes three major
categories of land use. They include:
Resource Conservation Areas which include areas dominated by environmental
features which are particularly sensitive to development. These areas include Resource
Protection Areas as defined by the Chesapeake Bay Preservation Act.
Rural Service areas which are further dis-aggregated into two land use planning
districts that are rural in their orientation. They include:
• Rural Agricultural Conservation Districts, and
• Village Centers
Development Service Districts which are further dis-aggregated into
seven nine land use planning districts. They include:
• Resource Conservation Areas
• Conservation Development Areas
Comprehensive Plan Isle of Wight County, Virginia
• Civic Areas
• Suburban Estate Residential Areas
• Suburban Residential Areas
• Urban Residential Areas
• Mixed Use Activity Areas
• Business and Employment Areas
• Resource Protection Areas (located both within and outside
Development Service Districts)
In addition to these broad categories of land use, the growth management concept outlined in
this chapter identifies the Highway Corridor Overlay District as a special area of concern
intended to address architectural and aesthetic controls as well as special access and buffering
requirements along the County's major highways. This district is described at the end of this
chapter
Map 4-1 identifies the location of most of these planning districts. Within areas denoted
Development Service Districts on map 4-1, only those portions designated as Mixed Use
Activity Centers are shown. The location of other sub-categories of land use proposed and their
location and extent within each of the Development Service Districts are shown on maps 4-2
through 4-4 for each development service district respectively. Table 4-2 provides a detailed
description of each of the proposed Land Use plan Areas or districts.
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Comprehensive Plan 4-16 Isle of Wight County, Virginia
These land use districts are described in terms of their respective roles in guiding and managing County
growth and development. The description of plan area/districts includes discussion of the general types,
intensities, and character of development which should be encouraged within. Land use districts are
derived from a combination of factors including: existing land use patterns; projected growth and
development trends; the natural capacity and suitability of the land to support development; the
availability and adequacy (existing and proposed) of development infrastructure such as roads, sewer, and
water; and the community goals and objectives contained in this Plan.
The Land Use Plan Map, the characterization of proposed Land Use districts in Table 4-2 and the
following text establish a framework and basis for further refined classification of land into zoning districts
pursuant to plan adoption. In addition to serving as a general guide for land use policy, the growth
management concept should also serve as a guide to County decision-makers regarding capital
improvements programming for community facilities and transportation planning.
Isle of Wight County is composed of a wide array of unique communities and landscapes. The County
has in the past and will continue in the future to provide detailed area-specific plans and policies. The
Comprehensive Plan includes many smaller area plans and efforts and are adopted as components of the
Plan as if fully set out in the Plan. These smaller area plans are not fully set out in the Comprehensive
Plan but are included by reference and are included in the appendices of this document. These documents
are separate, complete, stand-alone documents. These plans are components of the Comprehensive Plan
and should be consulted for specific proposals in the affected areas.
The remainder of this chapter is dedicated to a discussion of the plan area/districts and the respective roles
they are intended to play in guiding future land use and development in Isle of Wight County.
Resource Conservation Areas
The County's growth management objectives indicate that special emphasis should be placed on the
preservation of natural resources, sensitive natural areas and waterfront areas. Given the exurban
Hampton Roads development pressures, there will likely exist an almost unlimited demand for waterfront
homesites in the County. Without a firm commitment to preserve the natural beauty and environmental
resources in these areas, the County could find these important natural assets exploited.
The Land Use Plan Map therefore designates land areas along all shoreline and tributary streams of the
County as the Resource Conservation Areas. These areas include tidal and non-tidal wetlands which are
adjacent to shorelines and tributary streams as well as floodplains, stream valleys, steep slopes, and soils
with development constraints.
The Resource Conservation Areas includes “Resource Protection Areas” (RPAs) and substantial land
areas designated “Resource Management Areas” (RMAs) as defined by the Chesapeake Bay Preservation
Act. The Preservation Act affects all drainage areas of the County, which impact Chesapeake Bay water
quality. RPAs include: tidal wetlands, non-tidal wetlands connected by surface flow and contiguous to
tidal wetlands or tributary streams; tidal shores; and a 100 foot vegetated buffer located adjacent to and
landward of the above listed features. RMAs are provided contiguous to the entire inland boundary of the
RPA. The following land features which should be most protected within RMA’s include: floodplains;
highly erodible soils; highly permeable soils; non-tidal wetlands not included in the RPAs.
The Plan's Resource Conservation Areas contains environmentally sensitive land areas both within the
Chesapeake Bay watershed as well as the Blackwater River and other County watersheds, which drain
Comprehensive Plan 4-17 Isle of Wight County, Virginia
elsewhere besides the Bay.
In most cases, only passive recreation use and low density residential development is appropriate in the
Resource Conservation Areas provided development design is protective of environmentally sensitive
features.
The qualities of Isle of Wight's natural resources are an important component of the County's heritage and
a major factor influencing the County's continued economic and environmental well being.
Major areas of the County in the Resource Conservation Area include: The James River and Blackwater
River, Pagan River and Jones Creek shorefront, and the man-made reservoirs such as Lake Burnt Mills,
Lake Prince and Western Branch. This is not to suggest that these are the only areas of the County where
resource conservation should be practiced, but rather, these are areas where the largest concentrations of
environmentally sensitive features exist. Wherever resource constraints are present, development
proposals should be carefully reviewed and mitigation measures prescribed.
Performance standards for development within areas designated Resource Conservation Areas implement
protection policies in order to achieve consistency with implementation requirements of the Chesapeake
Bay Preservation Act. These standards provide that:
• No development be permitted on slopes exceeding 15 percent where soils are unsuitable.
• Development in floodplains should be limited and responsibly managed
• Clearing of woodlands and forests should be minimized to the extent possible.
• In general, only very limited low density residential development should be permitted in
those areas of the Resource Conservation Area, which are developable.
• When development does occur in the Resource Conservation Areas, all environmental
impacts should be avoided and in cases where impacts do occur, mitigation measures
should be employed.
• The State and private conservation organizations should actively pursue programs to
purchase and/or acquire easements for privately owned lands in the Resource
Conservation Areas so they can be preserved.
Rural Service Areas
Rural/Agricultural Conservation District
The Rural/Agricultural Conservation District is intended to maintain and conserve rural character and
farmlands in County areas consistent with Comprehensive Plan objectives. Rural/Agricultural
Conservation District land areas are intended to provide for a full range of agricultural and farming
activities and related uses along with some low-density residential development.
The conflicts between farming and rural non-farm development (residential) should be minimized as the
needs of farming are acknowledged and non-farm development is accommodated as a subordinate use.
When non-agricultural land uses extend into agricultural areas, farms often become the subject of nuisance
suits. As a result, farmers are sometimes forced to cease operations. Many others are discouraged from
Comprehensive Plan 4-18 Isle of Wight County, Virginia
making investments in farm improvements. In recognition of the farmer's “right-to-farm” without being
restricted by neighboring residential areas, hours of operation of farm equipment, restrictions on odor-
producing fertilizers, and other restrictions designed to limit the perceived negative impacts associated
with reasonable farming practices should not be imposed on farming activities within the
Rural/Agricultural Conservation District. The general intent of the Rural/Agricultural Conservation
District is to encourage farming and maintain rural qualities in areas so designated in the County.
Rural/Agricultural Conservation, as a component of the Comprehensive Plan, is not limited to traditional
farming but extends to all aspects of the County's rural character. Agricultural land refers not only to
tilled fields, but also to open fields, pastures, and woodlands, which are either prospects for additional
farm acreage or are valuable as they are for their many contributions to the environment and to the rural
appearance of the County. Agriculturally related or support industries (farm implement dealers, supply
services, storage and processing facilities, etc.) should be permitted within this district in recognition of
the support they provide to the farming community.
Residential Density
Residential development and density in the Rural/Agricultural Conservation District should be minimized
to avoid future conflicts between farming activities and rural homes. Three options are recommended for
residential density in the Rural/Agricultural Conservation District. A property owner or developer should
be able to choose the option which best suits their needs and objectives. The first density option is based
on a sliding scale approach. Using this option, density is determined by the size of the parcel. The second
option provides property owners the incentive of higher possible densities if certain standards of rural
residential development are met. These density bonus incentive standards include such conditions as;
development clustering, visual enhancement to reinforce rural character, rural highway access controls,
and restricting sensitive lands or agricultural lands with conservation easements. The third option is the
by-right sliding scale/clustering option. The Board adopted this third option in 2007 in response to the
mandatory clustering provisions adopted by the General Assembly. These provisions mandate that the
County must designate 40% of unimproved lands zoned residential and agricultural for “by-right” cluster
development.
Sliding-Scale Approach
Under this option, the base density for lots of 20 acres or less should automatically be one (1) dwelling
unit per ten (10) acres. One (1) additional lot should then be allowed for every additional 40 acres of
original parcel size. A 100-acre parcel, for example, would yield four (4) lots. This provision is based on
the assumption that parcels of 20 acres or less do not typically constitute adequate land area for productive
farming operations, unless they represent specialized non-traditional farming (e.g. nurseries or orchards).
The disadvantage of this approach is that, unless managed, it will most likely cause the creation of large
lot subdivisions which are land consumptive and do not promote conservation of agricultural lands. To
off-set this condition, property owners using the sliding-scale approach should be encouraged to reduce
lot sizes through limited clustering provisions that require retention of 70 percent of the original tract size.
Clustering/Sliding-Scale Provision
Development utilizing the sliding scale approach will be “by-right” commensurate with the goals and
objectives of the rural/agricultural conservation district to maintain the County’s rural character and
preserve farmlands and forestal uses consistent with the Comprehensive Plan. The standards governing
“by-right” development as described in the County’s zoning and subdivision ordinances shall be consistent
with the regulations described in Section 15.2-2286.1 of the County of Virginia as amended.
Comprehensive Plan 4-19 Isle of Wight County, Virginia
The standards applicable to the clustering/sliding scale provision will reflect the following development
criteria:
All residential lots created through the act of subdivision should be served by one point of
access to County roads.
Residential structures in the subdivision should be located at least 100 feet from the existing
County road right-of-way and screened from the right-of-way by an existing or planted
landscaped buffer.
All residential structures should be setback at least 100 feet from all active farm operations.
A central water supply system may be provided to serve the subdivisions with over 14 lots.
Lots can be any size desired by the owner, typically ranging from one acre to five acres in size,
provided the Health Department standards for septic systems are satisfied.
Clustering/Density Bonus Approach
As an alternative to the sliding scale approach and assuming public sewer is available, property owners
may opt for higher densities as a method to achieve and provide for the County’s affordable housing needs
in the rural areas of the community. Under this approach, the base residential density in the
Rural/Agricultural Conservation District should be one (1) dwelling unit per 10 acres with at least 50%
open space set aside, but may be increased to one (1) dwelling unit per eight (8) acres with at least 60%
open space set aside, or one (1) dwelling unit per five (5) acres if at least 70% open space set aside. The
five (5) development criteria referenced above with the clustering/sliding scale approach will also apply
to the clustering/density bonus approach.
Through the clustering/density bonus approach, the developer is able to decrease lot sizes in return for
setting aside permanent open space while meeting the affordable housing needs of Isle of Wight County.
This provides many benefits including lower land costs for the lot purchaser and decreased road
construction costs since lots are grouped together as opposed to scattered throughout the site. The
community benefits through provision of open space, farmlands and rural character
Using this approach, a property owner with a 100-acre farm can create up to 20 lots (one (1) dwelling unit
per five (5) acres) provided they are clustered onto 30 acres of the farm and the remaining 70 acres would
be left for farming or open space. The homes would also have to be setback 100 feet from the County
road and located on a single access road with driveways. Numerous individual drives onto County roads
would not be allowed. The homes would have to be screened from County roadway view, thereby
protecting rural character. Homes would also have to be setback from active agricultural operations in
order to minimize farming impacts on home sites.
The same scenario on a 40-acre property would yield eight lots on 12 acres and would leave 28 acres in
open space or farming. Average lot size for lots on both the 100 and 40 acre parcel would be 1.5 acres.
The open space land could be left in its natural state or maintained for farming or forestry purposes.
Control of the open space land can be left with the original property owner or dedicated to a homeowners
association. Land areas encumbered by natural development constraints such as wetlands should be
included in the open space. Minimum lot sizes for clustered development in the Rural/Agricultural
Comprehensive Plan 4-20 Isle of Wight County, Virginia
Conservation district should be a function of soil suitability for septic tank systems.
The above described residential density provisions recognize that while rural character and agricultural
conservation are important County objectives, there remains a need to allow farmers and rural property
owners to subdivide and sell single-family home lots as the need arises. The Plan recommends that rural
residential subdivisions be directed to areas of the Rural/Agricultural Conservation District which have
good proximity to existing residential areas and commercial and public services. Rural residential
subdivisions should not be encouraged in remote areas where County roads are not adequate for increased
traffic or in areas where existing agricultural activities predominate, such as in or near the County
Voluntary Agricultural and Forestal Districts.
The cluster approach described above was adopted by the County in 1997 as part of the new Zoning
Ordinance. Previously the County had received proposals utilizing this approach or a variation of this
approach, but the Board of Supervisors had denied the requests due to their remote location and lack of
adequate roads to serve the proposed development. In 2005, the County approved the first rural cluster
that employed the Density Bonus Approach. This development, called Lawnes Point, contains 155 lots
on 1,550 acres and is located in the northern most portion of the county. Despite a greater number of
established examples of development utilizing this approach, the County will retain this optional form of
development for the rural services areas into the foreseeable future.
The Rural/Agricultural Conservation Areas is therefore provided in the Comprehensive Plan to preserve
rural character and open space, to foster agricultural activities and opportunities, and to protect valuable
natural resources. It is further intended to prevent premature urbanization in areas where public utilities,
roads and other public facilities are planned to meet rural needs only and where present public programs
do not propose infrastructure suitable for development at higher densities.
Village Centers
Within the Rural/Agricultural Conservation Areas, there are several existing villages and crossroad
settlements, which perform a number of important community functions. These include serving as centers
for rural residential development and providing for commercial services for surrounding rural areas. The
ability of these Centers to accommodate some portion of the future growth of the County is a function of
their location and the existing scale of development and range of services provided to surrounding rural
areas. Characteristics common to most of these rural Village Centers are the existence of homes, post
offices, country stores, agricultural supply operations, home occupations, and structures which house
public facilities or civic organizations (e.g. fire station, church, etc).
The concept of the Village Center is included in the Comprehensive Plan in order to recognize and provide
for the special needs of these rural centers. Originally, these centers included such places as Rescue,
Battery Park, Zuni, Walters, Isle of Wight Courthouse, Rushmere, Orbit, Central Hill, Wills Corner,
Uzzle's Church and Colosse. These Village Centers are often very different in size, character and function;
however, each serves an important role to the surrounding area.
In 2003, the Board of Supervisors removed the village center designation from Uzzle’s Church and
Colosse at the request of the residents. With this Comprehensive Plan the village center designation was
removed from two other rural service centers. Orbit and Wills Corners’ designations were removed due
to changes in the character of these rural service centers. These former village centers do not provide or
contain any civic facilities, social club facilities, church activities or business operations.
These rural service centers serve a multitude of functions in Isle of Wight County. They range in scale
Comprehensive Plan 4-21 Isle of Wight County, Virginia
from a fork in the road where a general store and beauty parlor are located, to a rapidly expanding
community that is beginning to emerge as a service center of regional scope. Their distribution throughout
the County is shown on the Land Use Plan Map. Many have historic qualities such as Isle of Wight
Courthouse, which suggests future development should be limited in scale and compatible in character.
In spite of their unique individual qualities, these settlements share much in common, and collectively
they play an important part in Isle of Wight County life. In general, these Village Centers tend to be
basically residential in character, but also often offer some employment through limited commercial
services as well as public or institutional uses. In general, the Village Centers are areas, which function
as rural service centers. The County should preserve and enhance the present character of the Village
Centers in order that they may continue to serve their traditional roles in County life.
In the future, it is possible that additional Village Centers might be identified. However, their future
designation should be a function of their need to serve as service centers in the context of their existing
distribution in the County. These new Village Centers should be limited to providing the most basic
commercial services for the convenience of the rural population.
Generally, the areas shown as Village Centers should:
Remain small in population size.
Remain small in physical area.
Continue to provide limited, highly localized commercial services (such as a gas station or general
store, etc.).
Continue to provide limited employment opportunity.
Have a population density greater than the surrounding rural areas which they serve.
Maintain a unique “sense of place” as identified by their existing character, scale, density and
architectural style.
The need for central water and sewer is not anticipated in the Village Centers. However, in Village Centers
where land application of wastewater is a feasible treatment technology (i.e. soils are potentially suitable),
these systems can allow greater clustering of residences and opportunities for commercial use. In order
to assure the continued small size of the Village Centers, any central water or sewer system which is
eventually provided should be built to serve land area and development only within the immediate
proximity of the Village Center itself and not extend into adjacent rural areas.
Village Center Boundary Delineation Project
Until 2003, the village centers were without geographic outline and essentially appeared as places on the
county map. The exception to this was Carrsville which had a boundary delineated in the 2001
Comprehensive Plan. In April of 2002, the County proceeded with the Village Center Boundary
Delineation Project in order to establish the boundaries for the other village centers. At that time, the
Board of Supervisors adopted steps for the project’s community planning process. These steps included
the establishment of committees representing each village, committee meetings, public relations,
community involvement and input, Planning Commission public hearings and Board of Supervisors public
Comprehensive Plan 4-22 Isle of Wight County, Virginia
hearings.
The committees from each village center met and, with the assistance of the County’s Geographic
Information Systems (GIS) technician, created a draft boundary for their village center. A public meeting
was held for residents at which time they gave input to the draft delineation of the village center. The first
meeting was held at Rescue where the residents believed that more of the surrounding area should be
included within the village center. In order to keep the boundary of the village center relatively small as
intended by the project, Rescue and, subsequently, the other village centers were given a boundary for
both the village center and an expanded area called the community boundary, which establishes a sense
of place and identity for residents outside but near each village center boundary.
During the project process, the residents of Uzzle’s Church and Colosse decided not to participate in the
project and requested withdrawal of the village center designation. The Board of Supervisors approved
this request of the residents of these two rural centers.
The result of this project was the creation of the Village Center Boundary Delineation Project document
which contains maps for each village center and community boundaries. The document also contains a
revised description for each village center. In May of 2003, the Board of Supervisors adopted this
document as an addendum to the Comprehensive Plan to include the boundaries of the nine remaining
village centers. The project document is available at the Department of Planning and Zoning.
The revised Village Center descriptions and boundaries are herein incorporated.
Battery Park
First known as Pates Field until 1692, Battery Park is rich in history and experience. It is the first recorded
village in the County. Battery Park’s history begins as early as 1607. It was near this village in an area
known as Pagan Point that the Warrosquoyacke Indians lived and traded with Captain John Smith. Years
later in 1690, the General Assembly authorized the building of towns or storehouses in every county
exporting tobacco to accommodate the increase of production of this crop. Pates Field was designated as
the Isle of Wight site. Its proximity to the Pagan and James River made it a prime location for shipping.
The anticipation was that this designation by the General Assembly would create a booming town built
around the wharf. And while it did not meet this expectation, those who reside in Battery Park find it
quaint and enjoyable.
After the Civil War, the village was renamed Battery Park for the rows of defense batteries placed there
during the war. Before the construction of the James River Bridge, Battery Park had a steamboat dock
with daily trips to and from Newport News and Norfolk. Oystering has traditionally been the major
industry of the community with as many as three-fourths of its residents engaged in the business shortly
after the turn of the 20th century. Furthermore, at one time Battery Park, along with other public seed
oyster areas along the James River, was considered to be one of the largest and most productive public
oyster seed areas in the world. Watermen traveled from other parts of the state to shuck oysters in this
area. Unfortunately, oystering in Battery Park diminished in the early 1940’s prior to World War II. Many
watermen left the waterways and took jobs in more factory-oriented professions.
Located on the other side of Battery Park is the village of Rescue. For years these two villages were
separated and people reached either side by some waterway craft. A bridge connecting Rescue and Battery
Park was constructed in the early 1900’s. First constructed as a drawbridge, the bridge was difficult to
move. Perhaps, more perplexing was the fact that the foundations of the first bridge were located on
marshy land that caused the bridge to sink. This first bridge lasted until 1937, when it was replaced with
Comprehensive Plan 4-23 Isle of Wight County, Virginia
a bridge located south of the first.
There is one church in Battery Park. The Battery Park Baptist Church is a dominant structure in the
village. It was organized in 1899 and the church is located at the intersection of Warwick and Newport
Street.
Battery Park also has its own post office, located at the intersection of Todd Avenue and Warwick
Street. The post office was established in 1892.
The Village Center boundaries are shown on Map 4-2. The village center consists of the original platted
lots located on Todd Avenue, Warwick Street, Battery Street, Newport Street, Park Street, River Avenue
and Hampton Street. It continues southeast along Rescue Road ending at Battery Park/Rescue Bridge.
Located within the village boundary are Battery Park Baptist Church, the post office, a small industrial
business, and single-family residences. The Village of Battery Park is quite unique and quaint, and its
character should be preserved.
The map also shows the boundary for the larger community of Battery Park, which begins at Battery Park
Road east of the Gatling Pointe and Gatling Pointe South Subdivision and transverses south to include
Fair Hills Lane and Hayes Lane. Its eastern boundary is the Jones Creek and its northern boundary is the
James River.
Carrsville
Carrsville is among the larger villages in land area in the County but in recent years has remained
limited in population size due to limited public facilities available to service development. The
Carrsville Elementary School, Post Office, and fire station are noteworthy community facilities in the
village. The village is located along Route 58 near Suffolk. Significant amounts of new development in
this area are not anticipated within the near five-year planning period but may occur at some future point
in time concurrent with the extension of the Hampton Roads Sanitation District sewer facilities through
this corridor. As development occurs in the Carrsville area, it should respect the village character of the
development that is currently established in the area. The extent of the Carrsville Village Boundary is
shown on Map 4-11.
Central Hill
The focal point in this village is the hill, on which a church sits overlooking residential homes and farming
operations. Although it is uncertain where the name Central Hill originated, present day residents of the
community believe that it indeed had something to do with the hill itself.
Central Hill is known for its integral role in the lumbering industry, one of the largest industries in the
County. The first lumbering operation in the village began in the late nineteenth and early twentieth
century with the expansion of the Fergusson Brothers’ lumbering business in the Rushmere area and later
with the Surry Lumber Company. The lumbering industry was present in Central Hill area until 1927.
After lumbering operations ceased in Central Hill many of the employees, who migrated here for the work,
decided to permanently reside in Central Hill in the housing that had been provided for them. County
records show that in the same year the lumber business closed, land was platted in the Central Hill area.
According to community residents the names of the avenues in the subdivision are named for the native
state from which the workers migrated. The names of the avenues are Maryland, North Carolina, South
Carolina, Virginia and Florida Avenue. Virginia Avenue was renamed Mount Olive Avenue after the
Comprehensive Plan 4-24 Isle of Wight County, Virginia
Mount Olive Apostolic Faith Holiness Church during the street naming process to avoid the duplication
of street names (namely Virginia Avenue). A school was established in the 1924-1925 school session to
educate the children of Central Hill and surrounding area. The school was located within the village
center.
The earliest church established in Central Hill was the Central Hill Baptist Church (circa 1885) located in
the center of the village atop the hill. Records indicate that the name Central Hill came before the church,
indicating that the church received its name from the village. Actually before the church was known as
Central Hill Baptist it was Reedy Branch Baptist Church. Also located in Central Hill is Mount Olive
Apostolic Faith Holiness Church, located on Mount Olive Avenue, which was established in 1941.
The Village Center boundaries are shown on Map 4-3. The village center is essentially the original Central
Hill subdivision for the Surry Lumber Company workers. It includes Maryland, North Carolina, South
Carolina, Mount Olive and Florida Avenues. Central Hill Baptist Church, Mount Olive Apostolic Faith
Holiness Church and a small general store are all located within the village center boundary. Although
Central Hill is primarily a residential community, there is potential for limited commercial development
in the village to provide essential goods and services to the Central Hill residents as well as other County
residents in the surrounding rural areas. There may also be opportunity for the development of farm
service and supply businesses.
The map also shows the boundary for the larger community of Central Hill, which begins at Central Hill
Road and Courthouse Highway (Route 258) and extends down Central Hill Road to Broadwater Road.
The Community Boundary was meticulously drawn to ensure that areas that had its own identity, but not
necessarily designated as a Village Center, were not included in the boundary. In addition, it was drawn
as not to include property owners that felt they were not located in the Central Hill community. To this
end, the boundary extends down Pope Swamp Trail and stops before what is known as the Whitely area.
It includes only a small portion of Peanut Drive, and it extends down Whispering Pines Trail, stopping
just before the campground. Lastly, the boundary does not include the parcel historically known as Scott’s
Crossroads located at the corner of Central Hill Road and Foursquare Road.
Moderate brick and wooden single-family residences on average-size lots characterize a large portion of
the Central Hill community. However, there are a few larger brick homes that sit on fair amounts of
property within the community boundary. Additionally, there is a peanut farm, cow pastureland, a hunt
club and large farming fields located within the community boundary.
Isle of Wight Courthouse
The area now known as Isle of Wight Courthouse was open land used for farming and lumbering
operations. Francis Boykin, a very popular and influential man in the County during the late 18th and very
early19th century, owned a large tract of land in this area. He petitioned the county to move the courthouse
from Smithfield to his property, which he and others claimed was a central location for all county citizens.
He was also the owner of Boykins Tavern, built ca. 1780, located on the property next to the County
Complex. Boykins Tavern was purchased by the County in 1973 and registered as a Virginia Historical
Landmark and the National Register of Historical Places in 1974. The County recently renovated the
tavern and conducts public tours.
Since the County Courthouse and office complex are located here, Isle of Wight Courthouse Village
differs from other village centers in the County. The significant weekday activity created by the
government center, as well as Isle of Wight Academy, a post office, The Isle of Wight Christian Church
Comprehensive Plan 4-25 Isle of Wight County, Virginia
and a diner, coupled with the lack of a large residential base, creates a community that is truly unique.
Businesses and services such as restaurants and offices, which would support this daily activity, should
be encouraged. However, the form and appearance of such development should be controlled to ensure
compatibility with the historically significant structures of the village.
A few single-family residences are located in the village center are along Courthouse Highway (Route
258) and Poor House Road. New residential development should be encouraged but should be guided
into a village form rather than stripped along Courthouse Highway. As the County seat, Isle of Wight
Courthouse should be given special consideration and attention to ensure it will remain a source of public
pride for County residents.
The larger Isle of Wight Courthouse community boundary extends north to Harry Wilson Road,
encompassing acres of farm and cattle pastureland. The boundary continues east to the intersection of
Bob White Road and Poor House Road. Its southern boundary is designated along back property lines of
parcels fronting on Poor House Road. The southern boundary crosses at Orbit Road and continues across
Courthouse Highway. Its western boundary encompasses a portion of Central Hill Road and continues
northwest along Trump Town Road.
The Village Center Boundary and the larger Community Boundary are outlined on Map 4-4.
Rescue
This historic coastal village began as the subdivision of a farm in 1882. Because of its location on the
eastside of the Jones Creek, approximately one-half of a mile from its mouth, it soon became a thriving
harbor and a commercial dock for watermen engaged in fishing and oystering.
The Jones Creek separates Rescue from Battery Park and Smithfield. As folklore has it, Rescue got its
name because it was difficult to get mail to Rescue, which was delivered by mule and on a certain occasion,
as the mule appeared in the fishing village; someone yelled that the mail had been “rescued”. With
construction of the Rescue Bridge, connecting Rescue and Battery Park, the task of mail delivery was
made easier, as well as travels to and from Smithfield. Prior to the construction of the bridge the residents
had to go either by boat to Smithfield or drive the long way around by Titus Creek and Fulgham’s Bridge.
The location of the bridge marks a historic location with the first bridge being constructed around 1913.
The history of the bridge should be preserved as integral part of Rescue’s history.
Rescue continues to retain the character of a close-knit rural fishing village and the integrity of this
character is intended to be protected in delineating this Village Center. Within the Village Center are
homes, two marinas, a restaurant, post office, and a community center (formerly the old Rescue school
constructed in 1925, which currently serves as the meeting place for the Rescue Community League and
Ruritan Club). There are also two historic churches located just outside of the Village Center boundaries,
Riverview United Methodist Church (founded in 1887) and the Friends Church (founded in 1913).
The Village Center boundaries are shown on Map 4-5. The map also shows the boundaries of the larger
community of Rescue, which begins at the intersection of Boundary Road and Smith’s Neck Road and
encompasses lands north and east to the James River, and west to the Jones Creek. Historically, Boundary
Road has always been the dividing line separating the Rescue community from the Carrollton area. The
historical boundary was used for documenting birth certificates, as well as for school districting. The
Comprehensive Plan 4-26 Isle of Wight County, Virginia
Jones Creek Boat Landing located at the end of Boundary Road is located in the Rescue community.
Rushmere
As the northwestern gateway into the County on Route 10, the Rushmere Village is an important area,
which requires careful consideration of land use decisions.
Originally, Rushmere was named Fegusson’s Wharf, after the large wharf built by a lumber businessman
in the late nineteenth century. A bogie railroad track was built to transport lumber from the end of Track
Lane to the wharf on the James River at the end of Ferguson’s Wharf Way, marking this crossroad at Old
Stage Highway as a historic location in Rushmere. The old post office and general store were also located
at this intersection and the Rushmere Volunteer Fire Department was constructed there in 1990. Although
there is no longer any public access to the wharf and the old post office and general store have since
closed, the historic significance of this intersection remains and should be preserved.
The Village Center boundaries have been designated slightly north of the historic crossroad and are
reflective of commercial activity that has developed at the intersection of Fort Huger Drive (Rt. 676) and
Old Stage Highway (Rt. 10) with the location of a convenience store and the higher density residential
development that exist in this area. A car wash is also proposed at this location and just north of the
convenience store, approximately forty-two (42) acres of vacant land is zoned for more residential
development. New development should be guided to areas off of Route 10 to create a more centralized
and cohesive community and avoid the problems associated with strip development. The old school site
is also located within the area of the Village Center boundaries, which presents an opportunity for cultural
preservation.
The Village Center boundaries are shown on Map 4-6 and a star has been marked to identify the historic
area. The map also shows the boundaries of the larger community of Rushmere, which are mainly
representative of the boundaries delineated by the Census Bureau designating Rushmere as a census
designated place.
The community borders the Surry line and extends approximately .4 mile south of the intersection of
Burwells Bay Road (Rt. 621) and Old Stage Highway (Rt. 10), encompassing the Burwells Bay area. The
first known recorded history in the Isle of Wight County was noted to have occurred in the Rushmere
community when Captain John Smith stopped near Burwells Bay to trade beads with the Warrosquoyake
Indians for food to save his starving colonists. The post office at Rushmere was first located at Burwells
Bay as indicated by records dating back to 1834, and the first formal gardens in Virginia were located at
a spot in Burwells Bay called “Shoal Bay”, where the lawn terraced down to the beach. In the 1920’s, the
Burwells Bay area thrived as a small resort with a dance pavilion built over the water and contained a
public acre along the deep waterfront of the James River where people could swim and have church
picnics. The public acre, called “The Acre”, still exists and is now used for family retreats. Presently,
Burwells Bay contains several single-family residential dwellings. The history of the Burwells Bay area
should also be protected and preserved, and careful consideration should be given to any development
proposed in the area to maintain the character of the existing community.
Rushmere has traditionally been home to many watermen who conduct fishing and oystering activities
from the Tyler’s Beach Boat Harbor, located further north along the James River. A County-owned boat
ramp has been constructed and the harbor and channel have been dredged through the 1990’s. Additional
dredging is needed and will be undertaken by the United States Army Corps of Engineers once a suitable
disposal site is established. Tyler’s Beach remains an important harbor for watermen from throughout the
region.
Comprehensive Plan 4-27 Isle of Wight County, Virginia
The historic Fort Huger, used during the Civil War, is also located within the Rushmere community. The
County has taken steps to preserve this great historical treasure.
Walters
Located in the area formerly known as Ducksville, during the Civil War era, Walters has a rich history in
the agricultural and industrial industry. As early as 1905 the old Virginian railroad passed through Walters
delivering coal from the Alleghenies and West Virginia to Norfolk providing fuel for ocean-going vessels
at Sewell’s Point. The railroad could have also provided a means of transportation for farming operations,
like the Walters Cotton Ginning Company that operated from 1913-1929, to ship their goods or produce.
The railroad passed through Walters until 1959 when it merged with Norfolk and Western.
A post office was established in the village in 1912 and closed in 1963. It is one of two post offices in the
county that operated for over fifty years. Citizens of Walters now receive their mail in the town of
Windsor. Cox Heights, the first platted subdivision in Walters was also created in 1912. It is interesting
to note the names given to the streets within the subdivision; Joyner, Bradshaw, and Cox. These are the
last names of long lasting families in the County, dating back to the early nineteenth century. Duck’s
store, a local grocery store, was located on the present site of Mount Carmel Christian Church. The church
was organized in 1871. The present building was erected in 1900.
Present day Walters is home to various private-farming operations where goats, cotton and other
agricultural produce are raised or grown. A peanut buying facility is located on Bradshaw Avenue in the
Cox Heights subdivision.
The Village Center boundary is shown on Map 4-7. As the map indicates the village boundary begins at
River Run Trail and Walters Highway and ends at Stevens Drive. Because the Villages of Walters extends
linearly along a major corridor, future development should minimize direct, individual access to Route
258 to avoid excessive entrances and exits, which would impede the smooth flow of through traffic and
create potential hazards.
Currently, the village includes single-family residences, Mount Carmel Church (circa 1871), the Walters
Ruritan Club facility, a general store, an agricultural supply/machinery store, farms, pastureland and
Indika Farms, Inc. There are several vacant commercial structures in Walters which represent
opportunities for future redevelopment and rehabilitation.
The map also shows the boundaries of the larger Walters community, which begins, just between Colosse
and Ballard Road. It extends linearly down Route 258, encompassing both sides of the highway and ends
between Holly Run Drive and Lawrence Drive.
Zuni
Zuni, first established in 1870 as “Zuni Station”, was a train stop along the Norfolk Southern Railroad
(formerly Norfolk and Petersburg Railroad). As a result of the excellent farmland in the surrounding area,
Zuni has traditionally had a large peanut market and at one time a peanut factory. Local farmers used the
train stop to transport bacon, fruits, vegetables, peanuts, and lumber. The word “Station” was dropped in
1880.
This farming community is located six miles west of Windsor near the Southampton County border and
continues to maintain railway access via the Norfolk Southern Railroad and has primary highway
Comprehensive Plan 4-28 Isle of Wight County, Virginia
transportation access along Route 460.
The village has potential for development given its access to rail and highway transportation and proximity
to the Blackwater River. However, care should be taken to preserve the rural character of the community
and development should be focused rather than stripped along Route 460.
Furthermore, as one of the gateways to the County, it is important that the form and appearance of new
development in Zuni be managed to ensure an aesthetically pleasing and functional community, which
allows for the safe and efficient movement of traffic along Route 460.
Existing land uses in the Village Center include homes, a post office, dentist office, thrift shop,
convenience store/gas station, Bethany Presbyterian Church and the Tabernacle of Praise Full Gospel
Church. There are also several vacant commercial buildings, which represent opportunity for
redevelopment and rehabilitation.
The Village Center boundaries are shown on Map 4-8. The map also shows the boundaries of the larger
community of Zuni, which are mainly representative of the postal boundaries.
Future development and redevelopment in County Village Centers should provide for commercial
expansion while preserving the community's rural character. Commercial development in Village Centers
should be designed to be compatible with rural settings. New buildings should be rural in character,
should respect the architectural character of existing buildings, and should be built with setbacks and
building lines similar to other existing buildings, In addition, the use of natural materials such as brick,
stone, wood siding and slate should be encouraged as opposed to galvanized metals, exposed concrete,
plastics, or vinyls. Procedures should be adopted to ease the procedure for converting existing homes into
commercial uses in order to encourage small commercial development serving agricultural, neighborhood
and tourist needs.
The Plan recommends specific planning and design studies be undertaken by the County for the future
development of each of these Village Centers.
Development Service Districts
The Land Use Plan Map indicates designation of three strategically located Development Service Districts
(DSDs). They include the Newport, Windsor and Camptown. Each of their locations generally
correspond with the location of the major County transportation corridors and existing or planned future
Hampton Roads Sanitation District (HRSD) sewer and water service areas.
Areas designated DSDs generally have served and are expected to continue to serve as the principal
residential, commercial and employment centers of the County. These areas comprise the most suitable
locations for future growth and development. Growth in and around these areas will prevent the outward
sprawl of development into other County areas, and concentrate future residential growth in areas where
residents can be economically provided with utilities, services, and employment. In addition, the impact
upon the County road system will be minimized since families will have the opportunity to be located
physically close to the jobs and services, which they require. These considerations, plus the County
interest in preserving the open character of the County's outlying rural areas, indicate that the areas
designated as DSDs should accommodate most of the County's residential, commercial and industrial
growth through the year 2020. Economic development objectives and recommendations contained in later
sections of the Plan emphasize the importance of providing opportunity for the location of industrial,
commercial and office development within each of the three DSDs. The degree and type of industrial or
Comprehensive Plan 4-29 Isle of Wight County, Virginia
commercial development to be encouraged in each of the districts is a function of existing uses in the
district and the nature of economic development that may be most appropriate based on the availability of
services and utilities needed to support it and land availability. Mixed Use Areas/Activity Centers and
incorporated Towns within or near the DSDs should be the focal points for commercial service and
business development, higher density residential development, and compatible industrial development.
The three DSDs share several common attributes. Each is subject to greater development pressure than
many other County areas, particularly rural and/or agricultural areas. Each either has in place or provides
opportunity to put in place the kind of services required by development. These services include an
existing or planned transportation system that can accommodate the movement of people and goods, and
sewer and water facilities that can service development at greater residential densities or can service
industrial and commercial uses. Finally, each of these areas is in some way already characterized by some
level of development activity, which has already created some demand for County services and public
facilities.
The major advantage of the DSD concept is to map in advance those areas where the County will accept
a responsibility for providing infrastructure or will accept the responsibility for working with the
development interests of the County to be sure it is put in place. However, this in no way implies that the
full costs of development will be borne by the general County taxpayer. In providing opportunities for
development in these areas, the County can thereby better achieve its resource protection and its
agricultural conservation objectives by reducing pressure for development in other County areas
dominated by farming activity or sensitive natural resources.
Growth in the Newport and 460/Windsor Development Districts (including the Town of Windsor) can be
more cost effectively managed in that both areas are currently undergoing the planned expansion of central
sewer and water facilities by the County, the Hampton Roads Sanitation District or the Western Tidewater
Water Authority. The challenge is to ensure that public services and facilities and the highway systems
keep pace with the conversion of land in these areas from rural to urban. Likewise, the plan must provide
protection for natural resources such as the James and Pagan Rivers and elements of rural character that
are pervasive as well as desirable in these areas. The DSDs will be those areas where more than 80% of
new households should be located to implement the contained growth philosophy discussed earlier in this
chapter. To assure they fulfill their intended function, the County will need to be proactive in its efforts
to assure infrastructure is provided to support growth in these areas.
Each of the DSDs is described in greater detail below. This is followed by a discussion of the Planning
Consideration for the DSDs. While the land use areas are established in Table 4-2 presented earlier in this
chapter, the Planning Consideration more fully describes the concepts suggested for Mixed Use
Areas/Activity Centers in particular. This is followed by a discussion of the Planned Unit Development
Districts, which can serve as the primary tool for implementing mixed use areas, in addition to utilizing a
mix of the seven land use planning districts to reflect the element of an Activity Center.
Newport Development Service District
A Northern Development Service District was first established in 1991 and included approximately 17,200
acres. The Newport DSD, which replaced the former Northern Development Service District (NDSD) in
2001 , as shown on map 4-9, encompassesd a total of approximately 7,000 acres representing a 70 percent
reduction in the overall size of the District. The change eliminated much of the land area along the Route
10 corridor and areas near the James River shoreline The boundary change also eliminated large areas to
the north and south of the Route 32/258, Route 17/258 and Route 669 corridors which were formerly
included in the District.
Comprehensive Plan 4-30 Isle of Wight County, Virginia
As part of a strategic planning effort titled ISLE 2040 undertaken by the County the Newport District was
revised in 2015, to include the expansion of the district encompassing the Nike Park Road corridor and
surrounding area; the enhancement of the densities allowed within the district to better reflect changing
market conditions and provide flexibility; and the addition of an Urban Residential Land Use which did
not exist previously. The County also completed, in conjunction with Kimley-Horn and Associates, and
Virginia Department of Transportation, the Brewers Neck Corridor Study which is an appendix to the
Comprehensive Plan which details necessary transportation improvements in the Newport DSD over the
next twenty-five (25) years. The boundaries of the Newport DSD are defined on Map 4-9.
The District Land Use Plan established a new or revised development district boundary and categorized
proposed (and existing) land use into land use planning areas (see Map 4-9). The district is broken down
into five nine land use planning areas. Table 4-3 lists the proposed land use planning areas by acreage for
the development district. Table 4-2 lists the location, character and proposed land use(s) for each category.
In effect, the land use plan for this district represents a tiered land management concept that places the
least intense land uses (Resource Conservation Areas) closest to the most sensitive natural resources and
the most intense land uses (Mixed Use Activity Centers and Business/Employment planning areas) along
the existing major highway corridors where transportation and other services are existing or can be
provided in the most efficient manner.
Table 4-3
Newport Development Service District/Land Use Districts
Land Use District
Designation Newport District
Land Area (acres) Percent of Total
Mixed Use Activity Center 1364 1,809 20% 16.7%
Urban Residential 332 3.1%
Civic 264 2.4%
Business and Employment 610 151 9% 1.4%
Suburban Residential 532 2,034 9% 18.8%
Suburban Estate 3550 2,638 53% 24.4%
Resource Conservation 2,087 19.4%
Conservation Development 1,119 10.3%
Other (includes Right of Way) 300 383 4% 3.5%
Total 6,706 10,817 100%
The Newport DSD is a likely candidate for a greater level of development than other areas in the County
due to its greater proximity and accessibility to the Peninsula and Northern Suffolk. This area is served
by HRSD extension of sewer facilities. Connections between the Bridge Tunnel and Interstate 64 create
an effective regional beltway near the County's Northeast edge increasing the accessibility of this part of
the County. For all these reasons, areas within this DSD appear to have greater market support for
potential future residential, commercial, and office development than other areas of the County.
Comprehensive Plan 4-31 Isle of Wight County, Virginia
Route 17 Corridor Master Plan
Because the Newport DSD is a candidate for increased growth pressure, the County engaged in a master
plan process in 2006 specifically for the Carrollton Boulevard, or Route 17, corridor in the eastern half of
the DSD. The Master Plan seeks to ensure the orderly development of future growth by providing a design
framework to guide the location, form, and design of new development consistent with the Isle of Wight
County Comprehensive Plan. The Plan identifies the Bartlett intersection as a key activity center while
recognizing Carrollton Boulevard's role as a major transportation corridor. The future land use plan in the
Corridor Master Plan updates the 2001 Comprehensive Plan and designates a mix of uses for a substantial
portion of the corridor area. The Board of Supervisors adopted the final Plan in November 2007.
Newport Development Service Overlay District
The current County Zoning Ordinance, adopted in 2005, established a new overlay district specifically for
the Newport DSD. The intent of this overlay district, called the Newport Development Service Overlay
(NDSO) District, is to preserve the historic character, architectural forms, patterns and significance of
historical sites within and adjacent to the Newport DSD. The NDSO essentially replaced the Highway
Corridor Overlay (HCO) within the Newport DSD but covers the whole DSD rather than just the 500 feet
on each side of the highways. The initiatives of the NDSO District include:
Encourage building designs that promote the character and value of the District;
Encourage contiguous, mature and healthy landscaping in site design, parking lots and along major
corridors within the District;
Encourage site design techniques that maximize public safety and promote the character of the
District through the effective design of buildings, parking lots and public spaces;
Provide for the continued safe and efficient use of roadways;
Maintain natural beauty and scenic, cultural, and historic character of the District, particularly
distinctive views, vistas, and visual continuity;
Promote traffic calming devices that provide safe on-site circulation of traffic, vehicular,
pedestrian or bike traffic;
Promote flexible design criteria to ensure the re-use of non-conforming property;
Encourage sign design standards that are functional and efficient, decrease visual clutter, and are
compatible with building designs within the District;
Encourage the interconnectedness of commercial, office, civic and residential uses through the use
of roadways, pedestrian walkways, and bicycle paths;
Encourage site and building design elements that promote human scale development;
Encourage the preservation of open space for active and passive recreation
Encourage public access of waterways throughout the use of greenway/pedestrian walkways;
Comprehensive Plan 4-32 Isle of Wight County, Virginia
Promote Best Management Practices facilities (BMPs) that enhance the site design and promote
health and safety.
Encourage the use of clustering in residential development to preserve open space, trees and
greenways, and reduce the overall impact of new development on the habitat.
Encourage the use of Traditional Neighborhood Development (TND) design concepts to minimize
impact on public services, maximize the use of public infrastructure and allow a mix of residential
uses with compatible commercial and civic uses that offer employment opportunities as well as
provide services to the neighboring residential community.
Encourage the use of appropriate lighting standards to promote safety and protect against light
intrusion and glare.
The Zoning Ordinance text for the NDSO District provides a clear and consistent set of design standards
that apply to all properties within the district. All development within the district must adhere to the
procedures, standards and guidelines for this overly district in addition to the standards present for the
base zoning district. For a more detailed discussion of the NDSO District see the Zoning Ordinance.
Benn’s Church Master Plan - Benn’s Church Activity Center “Roadmap for Growth”
In the Fall of 2003, a number of property owners approached the County with plans to develop their land
in the Benn’s Church area within the Newport DSD. County staff suggested that these property owners
and the County work together to create guidelines for the future development of the area. The County and
interested parties formed a partnership and engaged a consultant to prepare a Master Plan.
Since the process for creating the Master Plan relied on community involvement, a charrette was held in
order to solicit the input of the public in November of 2003. The consultant considered the concerns and
ideas of the public and incorporated these into the Master Plan. The completed document, titled Benn’s
Church Activity Center “Roadmap for Growth” was reviewed by the public again in March of 2004 and
the consultant later prepared the document for formal public hearings.
The Planning Commission held public hearings and, after resolving concerns, the Commission
recommended approval by the Board of Supervisors. In June of 2004, the Board of Supervisors held a
public hearing and subsequently approved the Master Plan consequently amending the County’s
Comprehensive Plan. The Benn’s Church Master Plan does not replace or change the Comprehensive
Plan but does supplement the Plan with additional guidelines for development.
The Master Plan gives more detail and greater guidance for near term and future term development within
the Benn’s Church area and includes a specific emphasis on the future traffic system. This Plan also
ensures future development is consistent and compatible with existing land use. It strives to preserve the
area’s historic appearance and value by outlining design and structural guidelines. These guidelines
encompass both residential and commercial development. The complete Benn’s Church Activity Center
“Roadmap for Growth” is appended to this Comprehensive Plan as Appendix A.
The Windsor Development Service District
The Windsor DSD is also targeted for future growth. Within much of this district, sewer and water
Comprehensive Plan 4-33 Isle of Wight County, Virginia
facilities have been extended to accommodate growth. While the level of development activity anticipated
is less than that in the Newport DSD, sewer availability together with adequate transportation service
capacity via State Route 460 suggest some level of development activity can be expected in this area.
Areas along the Route 460 corridor and Norfolk and Southern rail line have strong potential for future
industrial development. The Shirley T. Holland Commerce Park, located east of the Town, has been
established as one such location for business development.
Map 4-10 identifies the extent of the Windsor DSD and the range of land uses proposed within this district.
With the 2001 annexation of vacant land, much of the residential development proposed within the district
over the next 20 years may be absorbed by growth within the Town of Windsor. Most of the land area
surrounding the Town is therefore designated a Town Growth Area. An area just west of the Town is
proposed for business and employment growth, but its development is contingent on new road
improvements in the form of the Route 258 bypass shown on the map. Industrial development is also
planned for the existing County industrial park and for lands located Southeast of Town along the
Norfolk/Southern Rail line. Remaining areas have been designated for Conservation Development thus
limiting the density of residential development within the Windsor DSD in locations outside the Town.
The County recently purchased approximately 600 acres to the south of the Town of Windsor and is
currently investigating the possibility of developing an intermodal park to include this property. Based
on Port Authority and VDOT studies, there will be significant background truck traffic utilizing the new
Route 460 corridor for transporting goods to and from area ports. With the expansion of the Windsor
DSD and the Planned Industrial land use designation, plans can be made for optimal travel routes which
could include an interchange on the new Route 460 in or near the Town. An intermodal park with access
to this new interstate as well as nearby rail lines will place Isle of Wight County in a strategic location for
future commercial and industrial growth.
The Windsor DSD Future Land Use Map expands the existing DSD to include new County-owned
property and surrounding area with a "Planned Industrial" designation. In addition, properties located
between the expanded DSD and Sunset Drive which are currently enrolled in the Knoxville
Agricultural/Forestal District are contained in an area identified as a “potential DSD expansion area."
These parcels will retain their Rural Agricultural Conservation designation while providing for the
possibility of extending the DSD to include this area in the future. Should the properties in this area leave
the Agricultural/Forestal District and apply for a rezoning, the recommended land use designation for
these properties is Planned Industrial. Including these properties in a potential future expansion area will
help to alleviate the concern that future property owners may not be aware of the intermodal park plans
and may create unintentional land use conflicts.
The County is in the process of completing a study of the Windsor area and the Route 460 corridor, in
order to more closely identify the implications of the future Route 460 Bypass, better coincide with plans
from the Town of Windsor, plan appropriately for the changing dynamics at the Shirley T Holland
Intermodal Park, update the future land use scenario, and examine potential adjustments to the DSD
boundary for this portion of the county. This study is expected to be completed in 2016 and will be
included within the Comprehensive Plan at that time.
The Camptown Development Service District
In 2001, the Camptown DSD (formerly the Southern DSD ) was substantially reduced in size from its
1991 delineation which extended from Carrsville to the County's southernmost border. The former large
district was reconfigured to be roughly one-half its former size and no longer included areas in and around
Carrsville. As a result of its elimination from the DSD boundary, in 2001 Carrsville was re-designated as
Comprehensive Plan 4-34 Isle of Wight County, Virginia
a Village Center.
In 2005, the Board of Supervisors authorized the formation of the Southern Development Committee,
made up citizens from the southernmost portion of the County. The primary goals of the committee are
beautification of the area and increased residential and commercial development in this portion of the
County. To accommodate growth within the DSD, the Southern Development Committee requested that
the boundary of the Camptown DSD be returned to the original 1991 delineation. With this update of the
Comprehensive Plan, the DSD boundary has changed to increase its size slightly by including a small area
to the east of the existing DSD boundary along Route 58.
A limited increase in the size of the DSD was recommended in order to allow the community to undergo
a focused transportation, fiscal and land use analysis together with a strong public input process to develop
a land use map for the Route 58 corridor, including the Camptown DSD and the Village of Carrsville,
which reflects the most efficient pattern of development to accomplish the community’s vision. The Plan
will include a prioritized implementation strategy for economic development, transportation
improvements, and community facilities including goals, objectives, actions, and possible funding
sources. The Plan is expected to be completed in the fall of 2008.
As part of the Plan update, the Southern Development Committee proposed to reduce the size of the
Carrsville village center which is currently outside of the Camptown DSD. The Carrsville Elementary
School, Carrsville Community House, the Post Office, and fire station are noteworthy community
facilities in the activity center. The community is located along Route 58 business, near the Suffolk line.
Significant amounts of new development in and around the Carrsville Village Center are not anticipated
within the near five to ten-year planning period but may occur at some future time concurrent with the
extension of the Hampton Roads Sanitation District sewer facilities through this corridor, and the
expansion of the existing public water service. As development occurs in the Carrsville area, it should
respect the rural village character of development that is currently established.
The reconfigured Camptown DSD includes several large tracts suitable for industrial and residential
development. In close proximity to these developable tracts is the only general aviation airport in the
County, located at the western end of the DSD. In concern for safety and the viability of the airport,
development in the area around the airport, especially at the end of the runway, should be assessed with
close consideration of flight operations. High density residential development, schools, hospitals and
other development that will concentrate large numbers of people should not be permitted in the area below
flight operations, especially the takeoff and landing of aircraft. An avigation easement is in place at the
east end of the runway to increase flight safety. This was created by the City of Franklin, the owner of
the airport, in cooperation of the property owners within the easement. The establishment of an Airport
Land Use Compatibility Plan (ALUCP) can further increase the element of safety around the airport. An
ALUCP will designate zones that restrict certain development and population densities around the airport.
In order to create an ALUCP, the safety zones, standard traffic patterns, overflight areas, noise contours
must be established by the airport.
Another consideration for development in the Camptown DSD is the limited sewer and water service
currently available. At this time, only a small portion of the Camptown DSD is provided sewer service
and water service. The County adopted a sewer and water master plan in 2008 that proposes the expansion
of sewer and water services for the Camptown DSD. Even with the adoption of the plan, district-wide
services are not foreseen within the next five to ten years. Therefore, major development activity is not
expected to be substantial in the short term although water and sewer services will be provided to support
opportunities for business/industrial development, and some degree of residential development necessary
to support the economic sustainability of the area. The County airport location, rail access, proximity to
Comprehensive Plan 4-35 Isle of Wight County, Virginia
the Route 258/58 corridors and Route 260 connector, the presence of existing utilities, and the strong
presence of existing industry (International Paper, Inc. and Franklin Equipment Co.), all suggest future
industrial development opportunities may be greater in this location than other alternative locations in the
County. The configuration of the Camptown DSD is shown on Map 4-11.
Due in large part to the strong community support for future commercial and residential development as
well as planned public water and sewer extensions, adequate road capacity, close proximity to limited
access Route 58, the presence of two major rail lines, and its close proximity to the rest of the Hampton
Roads region, the County designated its first two Urban Development Areas (UDAs) in the Camptown
DSD in 2011. The location of the UDAs are shown on Map 4-11. Section 15.2-2223.1 of the Code of
Virginia requires that every locality that has a population of at least 20,000 and a population growth of at
least five percent shall amend its comprehensive plan to incorporate one or more Urban Development
Areas (UDAs). As defined by the Code, criteria for UDAs include (i) the appropriateness for higher
density development due to its proximity to transportation facilities, the availability of public water and
sewer, or a developed area and (ii) to the extent feasible, to be used for redevelopment or infill
development. The UDA designations in Camptown not only serve to fulfill the criteria imposed by the
State, but also serve to reinforce the County’s Comprehensive Plan goal to encourage the timely and
managed future growth of the Camptown DSD.
Planning For Development Service Districts
Ensuring the high quality of new development within the DSDs is a major objective of the Plan since the
majority of future County growth will be directed to these areas. To improve the visual and functional
qualities of development within the DSDs, the County will need to evaluate and revise its land use
management ordinances to establish performance standards for landscaping, control of access, lot
coverage, and buffering from adjacent transportation corridors. The use of the Civic Use Type to identify
key locations for parks and public facilities is an important aspect of future planning efforts. When
integrated with considerations of Ffuture commercial and industrial forms of development within the
DSDs should be carefully evaluated to ensure compatibility with existing and planned residential areas.
The final plan provides for a well integrated and livable environment for the citizens of the county.
Strip forms of commercial development along major County roads have not always enhanced the visual
quality of development and over time have impaired the ability of the roads to serve through-traffic.
Future areas designated for commercial development should be large in size (e.g. 10 to 15 acres) and
should be located at intersections providing site frontage on at least two streets with adequate depth to
provide space for well-planned service roads. Such sites should utilize access provided by service roads
and should be adequate in size to accommodate several uses with shared access, thereby minimizing
multiple outlets to the major road system. Larger commercial lot sizes would provide space to
accommodate landscaping between buildings, parking areas, and roads. Reverse lot frontage
development, which places parking areas behind commercial and office buildings would also improve the
appearance of development. As part of the ISLE 2040 Plan the amount of Business and Employment was
reduced within the Newport DSD and commercial development is intended to be accommodated through
an increase in Mixed Use. This shift better reflects the changing market and seeks to better integrate uses
within the community.
Clustering of residential development should be encouraged within the DSD to maintain open space. Such
development, even when exclusively residential in nature, should be buffered and separated by
landscaping from major routes or adjacent incompatible land uses. Permitted development density and
intensity should not be uniform throughout the DSDs. Existing single-family neighborhoods should be
buffered from high intensity non-residential and future high-density residential development. As part of
Comprehensive Plan 4-36 Isle of Wight County, Virginia
the ISLE 2040 Plan the Urban Residential Land Use was added, one of its purposes is to help provide a
buffer and transition from Mixed Use to the lower density residential areas of Suburban Residential and
Suburban Estate. The Mixed Use Areas/Activity Centers identified on the Land Use Plan Map are intended
to accommodate higher land use intensities and provide a focus for development centers within the DSDs.
This designation assures variety in development form and identifiable commercial and residential centers
of activity within the overall DSD area.
Since highest residential densities will be encouraged in the areas designated as Mixed Use Areas/Activity
Centers, generally lower densities should be prescribed in other portions of the DSDs. Finally, it is
important to note that residential density designations within the DSDs will be influenced by the existing
development pattern already established. Construction of zoning districts and standards for development
will require focus at a site by site level to frame districts and standards which respect existing
neighborhood patterns, densities, and soil conditions in the absence of central sewer systems.
Mixed Use Areas/Activity Centers represent opportunities to cluster future development into regional
centers which serve the commercial services and retail shopping needs of current and future County
residents. Each Mixed Use Areas/Activity Center should provide opportunities to establish a recognizable
center of development with its own unique “sense of place” within the County. Future development will
vary somewhat based on the existing pattern of development and the future development mix which
occurs. However, the County should encourage traditional neighborhood development (TND) form
within Mixed Use Areas/Activity Centers. Characteristics of this form of development are readily apparent
in the Town of Smithfield and include:
Figure 4-1 Traditional Neighborhood Design
mixed land uses
grid street patterns
design emphasis on pedestrian circulation
intensively used open spaces and often a
“village green” to provide orientation and
define a village center.
clearly defined streetscapes by virtue of
smaller front yards on narrow lots that
foster a sense of enclosure and a sense of
community
architectural character reminiscent of the
late 19th and early 20th Century
Each Mixed Use Area/Activity Center, however, should generally evolve as a mixed-use regional center
for residential, office, retail, and service development. Light industrial development may also be
appropriate in some areas in the form of well-planned business and industrial parks.
Planned Unit Development Districts
Planned Unit Development Districts (PUD) are suggested as a tool that can be used to accommodate the
mixed uses proposed within designated Mixed Use Areas/Activity Centers. The PUD Districts allows for
Comprehensive Plan 4-37 Isle of Wight County, Virginia
the creation of basic performance standards such as those outlined above in the description of the Mixed
Use Areas/Activity Centers. The PUD concept allows for great flexibility in design and layout in
exchange for conditional approval premised on those designs and layouts.
The County may also want to consider the use of the PUD for application in other areas within the DSDs.
This would require basic performance standards to be structured in the County Zoning Ordinance. These
designations will be limited to locations where public benefits, in the form of highway improvements,
provision of affordable housing, provision of parks, provision for sites appropriate for construction of
schools or other needed community facilities, are provided as a part of the development approval process
in exchange for higher densities.
Threshold size and location requirements for their designation will be framed in County ordinances to
guide decisions concerning their location and criteria for approval. Designation for sites as PUD Districts
should be determined on the basis of conditional zoning action whenever projects are evaluated and
approval awarded to those development proposals, which offer specific County or neighborhood benefits
and/or a demonstrated capability to implement County Comprehensive Plan objectives.
Examples of objectives for which approvals might be granted include:
Table 4-5
Type of Objective Potential Methods of Achieving Objective
Community Facilities Approvals may be awarded for proximity to existing or
developer provided facilities (i.e., sewer lines, schools,
fire departments and recreation facilities) or land is
provided by the developer for future provision of these
facilities.
Transportation The receiving road network must meet minimum
standards for level of service or the facility must be
upgraded to accept development. Approvals may be
awarded for making improvements that are consistent
with the overall Transportation Plan.
Affordable Housing Approvals may be granted to include affordable housing
as a component of the Planned Unit Development.
Economic Development Approvals may be granted for development proposals that
provide jobs, which strengthen the economic base of the
County. Evaluation would be based on the number and
type of permanent jobs created.
Historic Preservation Approvals may be awarded if identified historic sites are
preserved through easement or restored by the developer.
Open Space & Parks Approvals may be awarded if development is clustered
and open space, parks and recreation facilities above and
beyond those which are required are provided.
While encouraging higher density residential development in portions of the DSD in exchange for
developer proffers that provide public benefits, this concept does not encourage densities that are
Comprehensive Plan 4-38 Isle of Wight County, Virginia
substantially higher or incompatible with surrounding neighborhoods. Moreover, development approval
should not proceed absent proffers that provide substantial public benefits and demonstrated consistency
with Plan objectives. Future development in existing residential or mixed use PUD Districts should be
permitted to continue in the density and pattern for which respective subdivisions were designed at the
time they were approved.
Furthermore, PUD District densities for new sites adjacent or near to established neighborhoods should
be required to buffer the edges to minimize impacts to established neighborhoods or provide site design
treatments that integrate the proposed development with established neighborhoods. This approach
acknowledges existing development patterns and recognizes historic development conditions.
In short, PUD’s will be permitted only in such areas of the DSD where infrastructure in the form of sewer,
water and transportation systems would not be adversely impacted or could be accommodated within a
defined geographic cell. It is recognized that to permit higher densities in many portions of the DSD
would be disruptive of community character and the expectations of existing residents.
Urban Development Areas
Section 15.2-2223.1 of the Code of Virginia requires that every locality that has a population of at least
20,000 and a population growth of at least five percent shall amend its comprehensive plan to incorporate
one or more Urban Development Areas (UDAs). Each of these UDAs shall be appropriate for
development at a density on the developable acreage of at least:
Four single family residences per acre;
Six townhouses, or twelve apartments, condominium units per acre; and
An authorized floor area ratio of at least 0.4 per acre for commercial development, or any
proportional combination thereof.
The UDAs shall be sufficient to meet projected residential and commercial growth in the locality for an
ensuing period of at least 10 but not more than 20 years. In addition, federal, state and local transportation,
housing, water and sewer facility, economic development, and other public infrastructure funding for new
and expanded facilities shall be directed to the UDAs to the extent possible.
As defined by the Code, criteria for UDAs include (i) the appropriateness for higher density development
due to its proximity to transportation facilities, the availability of public water and sewer, or a developed
area and (ii) to the extent feasible, to be used for redevelopment or infill development.
Based on the criteria in the Code of Virginia, UDAs are best suited in the County’s existing DSDs, which
are designated for future growth and infrastructure improvements. Much of the DSD area has existing or
planned public water and sewer service and sufficient transportation capacity. In addition, the County has
identified Mixed Use Activity Centers on the DSD future land use maps which are designated for a mix
of uses, higher density development and where traditional neighborhood design (TND) is encouraged as
described in the preceding sections of this chapter. The most appropriate zoning district for the UDAs
include the Planned Development-Mixed Use (PD-MX) district which allows for the minimum densities
established by the Code. In addition, the County’s subdivision ordinance establishes standards for TND-
style subdivisions.
In the report, “Land Use Demand Analysis and Developable Acreage Scenarios,” dated August 9, 2010,
developed by the Cox Company, the minimum 10-year population growth that the County’s UDA must
accommodate is 7,016 persons. The maximum 20-year population growth is 14,562 persons. To
Comprehensive Plan 4-39 Isle of Wight County, Virginia
accommodate the ten-year population growth, the County would need to designate a minimum of between
550 and 612 acres, depending on the mix of residential use and commercial use percentages. To
accommodate the 20-year population growth, the County would need to designate a minimum of 1,240
and 1,340 acres, depending on the mix of uses.
Due to the size constraints established by the Code, the large size of the DSDs exceed the limits imposed
by the Code. Therefore, the County must establish a separate, smaller UDA designation within the
existing DSDs. Based on the State criteria, the location of existing Mixed Use Activity Centers, and
feedback from the community gathered during community meetings held in the spring of 2011, two UDAs
were established in the County’s Camptown DSD. As such, the UDAs serve to reinforce the established
goals and objectives of the County’s Mixed Use Activity Center land use designations.
The boundaries of each UDA are identified on the County’s Camptown DSD Land Use Map, map 4-11.
By establishing the location of the UDAs on the County’s future land use maps, the County acknowledges
that these areas are suitable for higher density development as established in the Code and where
traditional neighborhood design (TND) style development shall be encouraged.
Towns of Smithfield and Windsor
The incorporated Towns of Smithfield and Windsor, while having their own independent planning
programs and objectives, have traditionally functioned as County Activity Centers. It is expected that, in
the future, they will continue to serve as such. Adequacy and availability of Town public facilities and
services and Town resident's objectives for how each community wants to grow will be the primary factors
in determining the future role of these communities as Activity Centers within the County.
Highway Corridor Districts
The Highway Corridor District is intended to address architectural and aesthetic controls as well as special
access and buffering requirements along the County's major highways. Designated Highway Corridor
Districts are shown on the Land Use Plan Map.
The Highway Corridor District is an area within which certain specific public objectives relating to
aesthetics and architectural plan review should be administered by the County through overlay zone
regulations in the Zoning Ordinance. Views afforded to drivers and passengers, whether residents,
workers or visitors, traversing the major transportation routes of Isle of Wight County provide a lasting
visual and, therefore mental, impression of the County's character. Although the visual experience
probably forms only a small part of a person's overall experience in the County, it, nevertheless, is of
special public concern and requires public attention if the County's image is to be a positive one now and
in the future.
Not all development in Isle of Wight County requires the same level of public scrutiny. The most critical
visual areas lie along the major transportation routes since they are shared by all citizens and tourists.
Hence, corridors of 500 to 1000 feet from the right-of-way of the major transportation route rights-of-way
are identified for application of special landscaping and design standards.
The visual character today along these corridors is diverse, ranging from areas primarily rural, natural,
and scenic to areas with disorganized and cluttered roadside development. The intent of the objectives
for the Highway Corridor District is not to preclude the diversity that already exists; but, rather to
encourage and better articulate the variety of visual experiences along the current highways as well as
along the corridor of the proposed future routes for the County's major roads.
Comprehensive Plan 4-40 Isle of Wight County, Virginia
The purpose of the Highway Corridor District is to protect and improve the quality of visual appearances
along these linear corridors and to provide guidelines to ensure that buffering, landscaping, lighting,
signage and proposed structures are internally consistent and of a quality that contributes to County
character.
Future development of lands within the Highway Corridor District should be subject to the standards of
the particular base zoning district in which they occur, as well as the following standards that are specific
to the Highway Corridor District. These standards are not intended to restrict or prevent the construction
of buildings within each Corridor, nor to require the removal of existing structures. The Highway Corridor
District standards are not setback requirements, although certain minimum setbacks will be required to
protect highway rights-of-way and maintain sight clearances for traffic safety.
The corridors along the following routes for a distance of 500 to 1000 feet from the right-of-way are
designated as Highway Corridor Overlay Districts:
Route 10 Business and Route 10 Bypass (outside of the Newport Development Service Overlay)
Route 32 (outside of the Newport Development Service Overlay )
Route 258 (outside of the Newport Development Service Overlay )
Route 460
Route 58 Business
Route 260
Other routes may be established in the future as determined appropriate. Standards specific to the
Highway Corridors should provide for:
Increased buffering requirements, which provide for a mix of canopy, understory tree and shrub
level plantings, to partially screen buildings and parking areas from view.
Special standards for signage height, design, size, materials and lights to maintain and enhance
visual qualities.
Special consideration of new development within this district including assessment of visual
impact of development, assessing pre-development visual conditions and how the proposed
development will affect them.
The review of projects in the Highway Corridor will acknowledge the existing villages as integral
to the unique visual character of the corridor.
Landscaping to be used to soften lighting and signage impacts and to be located in groupings to
identify entrances to sites.
Use of sectional service roads as a tool to achieve access control within the Highway Corridor
District.
Comprehensive Plan 4-41 Isle of Wight County, Virginia
Use of reverse lot frontage concepts to shield off-street parking area behind buildings and
landscaping.
Designation of scenic easements along Highway Corridors with significant natural views or vistas.
Summary
The Growth Management Plan Map represents the cumulative application of the districts described earlier
in this section. Whenever conflicts develop as to which category of use should apply, the more specific
or highly restrictive category should govern policy. For example, the Resource Conservation District is
the most restrictive and therefore would provide the overriding policies in the area where it is applied.
To reiterate, the basic intent of the growth management concept is that the County channel most of its
future residential, commercial and industrial development into the DSDs. Within the DSDs, Mixed Use
Activity Centers and UDAs are the only locations appropriate for higher density development.
Conservation development areas within the DSD’s should be limited to residential densities no greater
than one unit per five acres with development clustered to retain substantial portions of the district in open
space. Existing residential neighborhoods should be recognized and protected within Neighborhood
Conservation Districts. The aesthetic and functional characteristics of major County roads should be
preserved within the Highway Corridor Districts. The location of the districts will serve as the basis for
County structuring of zoning classifications with the intent and purpose to frame land use controls and
performance standards for development consistent with each DSD.
The Land Use Plan proposes to guide development to those undeveloped areas where major public
facilities are in place or planned, while reducing development pressures in those areas where facilities
cannot be provided as efficiently. The Plan channels anticipated future growth into a more harmonious
and efficient pattern, which is consistent with community goals and objectives.
July 16, 2015/RDR/Zoning Ordinance Amendment
ISSUE:
Ordinance – Amendment and Reenactment of Isle of Wight County
Code to Provide for Revisions Based on the ISLE 2040 Plan
BACKGROUND:
The Board of Supervisors as part of their three (3) year financial plan
directed staff to develop a long term strategic plan. County Staff from
multiple departments have been developing, over the course of more than
a year, the ISLE 2040 Plan. The purpose of the plan is to address the
multiple challenges currently facing the County through a focused
change in the County’s long range planning.
The associated revisions to the Zoning Ordinance are being proposed as
part of the Isle 2040 Plan. The purpose of these revisions is to better align
the County’s zoning classifications with the land uses identified in the
comprehensive plan, to provide options which better reflect current
market conditions, to provide more flexibility and ease of use in the
ordinance, and to reflect recommended changes from the County’s ISLE
2040 Plan.
RECOMMENDATION:
At its June 23, 2015 meeting, the Planning Commission recommended
approval of the Zoning Ordinance Amendment by a vote of 7-1-1.
Staff recommends the approval of the Zoning Ordinance Amendment.
ATTACHMENTS:
- BOS Adoption Ordinance (Zoning Ordinance)
- PC Staff Reports and Attachments
- Article IV Redline
- Article V Redline
- Article X Redline
An Ordinance to Amend and Reenact the Isle of Wight County Code
by Amending and Reenacting the Following Articles of Appendix B,
Zoning: Appendix B, Zoning: Article IV, Zoning Districts and
Boundaries; Article V, Supplementary Use Regulations; Article X,
Vehicle Parking Facilities; in order to make revisions based on the
County’s ISLE 2040 Plan.
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the
legislative authority to make reasonable changes to the ordinances that govern the orderly
growth and development of Isle of Wight County; and
WHEREAS, the Isle of Wight County Board of Supervisors is also concerned
about the compatibility of uses on public and private lands within Isle of Wight County
and seeks to allow flexibility in the administration of the ordinance regulations while
protecting the health, safety, and general welfare of present and future residents and
businesses of the County.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of
Supervisors that Appendix B, Zoning, Article IV, Zoning Districts and Boundaries, Section
4-6002, Permitted uses, Section 4-6003 Conditional uses, Section 4-6004, Lot size
requirements, Section 4-6005, Bulk regulations, Section 4-7002, Permitted uses, Section
4-7003 Conditional uses, Section 4-7004 Lot size requirements, Section 4-7005 Bulk
regulations, 4-7006, Additional regulations, Section 4-7007, Reserved, Section 4-8002,
Permitted uses, Section 4-8003, Conditional uses, Section 4-8004, Lot size requirements,
Section 4-8005, Bulk regulations, Section 4-8006, Additional regulations, Section 4-8007,
Reserved, Section 4-15002, Permitted uses, Section 4-15003, Conditional uses, Section 4-
15004, Lot size requirements, Section 4-15006 Bulk regulations, Section 4-18002,
Permitted uses, Section 4-18003, Conditional uses, Section 4-18006, Bulk regulations,
Section 4-18007, Commercial and industrial uses, Section 5-5002, Supplementary use
regulations for residential use types, and Section 10-1010, Table of use types and parking
requirements of the Isle of Wight County Code be amended and reenacted as follows:
Suburban Estate - Sec. 4-6002. Permitted uses.
The following uses are permitted by right subject to all other applicable requirements contained
in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which
are listed in section 5-5000, supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Forestry operation
• Forestry, silvicultural
Greenhouse, private
B. Residential uses:
Dwelling, single-family
* Family day care home
Group home
* Home occupation, Type I
* Temporary emergency housing
C. Civic uses:
* Utility service/minor
D. Commercial uses:
* Construction office, temporary
Real estate office, temporary
E. Miscellaneous uses:
* Amateur radio tower
(7-7-05.)
Sec. 4-6003. Conditional uses.
The following uses are allowed only by conditional use permit pursuant to section 1-1017. An
asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-
5000, supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Stable, commercial
• In conjunction with a residence
* Stable, private
B. Residential uses:
* Accessory apartment
• Residential accessory apartment
* Community recreation
* Guest house
C. Civic uses:
* Cemetery
• Church
Club
Cultural service
* Educational facility, primary/secondary
Halfway house
Post office
* Public park and recreational area
Public safety service
* Religious assembly
* Utility service/major
D. Commercial uses:
* Bed and breakfast
Boarding house
* Commercial outdoor swimming pool and tennis facility
* Golf course
* Marina
E. Miscellaneous uses:
* Reconstructed wetland
(7-7-05.)
Sec. 4-6004. Lot size requirements.
A. Minimum lot area:
1. With private sewer and water: Thirty thousand (30,000) square feet.
2. With public sewer or water: Twenty thousand (20,000) square feet.
3. With public sewer and water: Fourteen thousand (14,000) square feet.
B. Minimum lot width:
1. With private sewer and water: One hundred twenty-five (125) feet.
2. With public sewer or water: One hundred twenty (120) feet.
3. With public sewer and water: One hundred ten (110) feet.
C. Minimum lot frontage:
1. With private sewer and water: One hundred (100) feet.
2. With public sewer or water: Ninety-six (96) feet.
3. With public sewer and water: Ninety (90) feet.
4. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width
of district. (7-7-05.)
Sec. 4-6005. Bulk regulations.
A. Maximum building height:
1. All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser.
B. Maximum density:
1. Conventional single-family subdivision: Three (3) dwelling units per acre.
2. Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net
developable area.
C. Minimum setback requirements:
1. Front yard: Thirty-five (35) feet.
2. Side yard: Fifteen (15) feet.
3. Rear yard: Twenty-five (25) feet.
Suburban Residential - Sec. 4-7002. Permitted uses.
The following uses are permitted by right subject to all other applicable requirements contained
in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which
are listed in section 5-5000, supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Forestry operation
• Forestry, silvicultural
B. Residential uses:
Dwelling, single-family
Dwelling, two-family
* Family day care home
Group home
* Home occupation, Type I
* Temporary emergency housing
C. Civic uses:
* Utility service/minor
D. Commercial uses:
* Construction office, temporary
Real estate office, temporary
E. Miscellaneous uses:
* Amateur radio tower
(7-7-05.)
Sec. 4-7003. Conditional uses.
The following uses are allowed only by conditional use permit pursuant to section 1-1017. An
asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-
5000, supplementary use regulations, for those specific uses.
A. Agricultural uses:
Greenhouse, private
B. Residential uses:
* Accessory apartment
• Residential accessory apartment
* Community recreation
C. Civic uses:
* Cemetery
• Church
Club
Cultural service
* Educational facility, primary/secondary
Halfway house
Post office
* Public park and recreational area
Public safety service
* Religious assembly
* Utility service/major
D. Commercial uses:
* Bed and breakfast
Boarding house
* Commercial outdoor swimming pool and tennis facility
* Golf course
* Marina
E. Miscellaneous uses:
* Aviation facility, private
* Reconstructed wetland
(7-7-05.)
Sec. 4-7004. Lot size requirements.
A. Minimum lot area:
1. With private sewer and water: Thirty thousand (30,000) square feet.
2. With public sewer or water: Fourteen thousand (14,000) square feet.
3. With public sewer and water: Eight thousand five hundred (8,500) square feet.
B. Minimum lot width:
1. With private sewer and water: One hundred twenty-five (125) feet.
2. With public sewer or water: One hundred ten (110) feet.
3. With public sewer and water: Sixty (60) feet.
C. Minimum lot frontage:
1. With private sewer and water: One hundred (100) feet.
2. With public sewer or water: Ninety (90) feet.
3. With public sewer and water: Fifty-five (55) feet.
4. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width.
(7-7-05.)
Sec. 4-7005. Bulk regulations.
A. Maximum building height:
1. All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser.
B. Maximum density:
1. Conventional single-family subdivision: Five (5) dwelling units per acre.
2. Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net
developable area.
C. Minimum setback requirements:
1. Front yard: Twenty-five (25) feet.
2. Side yard: Seven and One-half (7.5) feet.
3. Rear yard: Twenty (20) feet.
Sec. 4-7006. - Additional regulations.
A. Refer to section 5-2000, for supplementary density and dimensional requirements, section
5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net
developable requirements.
B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor
Overlay (HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport
Development Service Overlay (NDSO) District.
C. Refer to article VII for general design guidelines and development review procedures.
D. Refer to article VIII for landscaping and open space standards.
E. Refer to article IX for sign standards.
F. Refer to article X for vehicle parking facilities requirements.
G. Refer to article XI for outdoor lighting requirements and restrictions. (7-7-05.)
Urban Residential - Sec. 4-8002. Permitted uses.
The following uses are permitted by right subject to all other applicable requirements contained
in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which
are listed in section 5-5000, supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Forestry operation
• Forestry, silvicultural
B. Residential uses:
* Condominium
* Dwelling, multifamily conversion
Dwelling, single-family
* Dwelling, two-family
* Family day care home
Group home
* Home occupation, Type I
* Multifamily dwelling
* Temporary emergency housing
* Townhouse
C. Civic uses:
* Utility service/minor
D. Commercial uses:
* Construction office, temporary
Real estate office, temporary
E. Miscellaneous uses:
* Amateur radio tower
(7-7-05.)
Sec. 4-8003. Conditional uses.
The following uses are allowed only by conditional use permit pursuant to section 1-1017. An
asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-
5000, supplementary use regulations, for those specific uses.
A. Agricultural uses:
Greenhouse, private
B. Residential uses:
* Accessory apartment
• Residential accessory apartment
* Community recreation
C. Civic uses:
* Cemetery
• Church
Club
Cultural service
* Educational facility, primary/secondary
Halfway house
Life care facility
* Nursing home
Post office
* Public park and recreational area
Public safety service
* Religious assembly
* Utility service/major
D. Commercial uses:
* Bed and breakfast
Boarding house
* Commercial indoor sports and recreation
* Commercial outdoor swimming pool and tennis facility
* Golf course
* Marina
* Restaurant, drive-in fast food
Restaurant, general
Retail sales
Studio, fine arts
E. Miscellaneous uses:
* Reconstructed wetland
(7-7-05; Ord. No. 2013-2-C, 4-18-13.)
Sec. 4-8004. Lot size requirements.
A. Minimum lot area:
1. With public sewer and water: Four thousand (4,000) square feet.
B. Minimum lot width:
1. With public sewer and water: Fifty-five (55) feet.
C. Minimum lot frontage:
1. With public sewer and water: Forty (40) feet.
2. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width
of district. (7-7-05.)
Sec. 4-8005. Bulk regulations.
A. Maximum building height:
1. All buildings: Forty-five (45) feet or four (4) stories, whichever is lesser.
B. Maximum density:
1. All development options, single-family, townhouse, or multi-family Ten (10) dwelling units
per acre.
C. Minimum setback requirements:
1. Front yard: Twenty (20) feet.
2. Side yard: Five (5) feet.
3. Rear yard: Twenty (20) feet.
D. Maximum lot coverage: ..... Sixty percent (60%). (7-7-05.)
Sec. 4-8006. - Additional regulations.
A. Refer to section 5-2000, for supplementary density and dimensional
requirements, section 5-3000, for restrictions adjacent to airports, and section 5-
4000 for standards for net developable requirements.
B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway
Corridor Overlay (HCO) District, Floodplain Management Overlay (FPMO) District, and
the Newport Development Service Overlay (NDSO) District.
C. Refer to article VII for general design guidelines and development review procedures.
D. Refer to article VIII for landscaping and open space standards.
E. Refer to article IX for sign standards.
F. Refer to article X for vehicle parking facilities requirements.
G. Refer to article XI for outdoor lighting requirements and restrictions. (7-7-05.)
Planned Development – Residential - Sec. 4-15002. Permitted uses.
The following uses are permitted by right subject to all other applicable requirements contained
in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which
are listed in section 5-5000, supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Forestry operation
• Forestry, silvicultural
B. Residential uses:
* Accessory apartment
• Residential accessory apartment
• Commercial accessory apartment
* Community recreation
* Condominium
Dwelling, single-family
Dwelling, two-family
* Family day care home
Group home
* Home occupation, Type I
* Multifamily dwelling
* Temporary emergency housing
* Townhouse
C. Civic uses:
* Community center
Cultural service
* Educational facility, primary/secondary
* Public park and recreational area
Public safety service
* Utility service/minor
D. Office uses:
Financial institution
General office
E. Commercial uses:
Business support service
* Construction office, temporary
Personal improvement service
Personal service
Real estate office, temporary
Restaurant, general
Studio, fine arts
Veterinary hospital/clinic
F. Miscellaneous uses:
* Amateur radio tower
(7-7-05.)
Sec. 4-15003. Conditional uses.
The following uses are allowed only by conditional use permit pursuant to section 1-1017. An
asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-
5000, supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Forestry operation
• Timbering
Greenhouse, private
* Stable, commercial
• In conjunction with residence
* Stable, private
B. Residential uses:
* Dwelling, multifamily conversion
C. Civic uses:
* Adult care center
Assisted living facility
* Cemetery
• Church
* Child care center
Club
Educational facility, college/university
Halfway house
Life care facility
* Nursing home
Park and ride facility
* Public park and recreation area
Public safety service
* Religious assembly
* Utility service/major
D. Office uses:
Medical office
E. Commercial uses:
* Bed and breakfast
Boarding house
Commercial indoor amusement
Commercial indoor entertainment
* Commercial indoor sports and recreation
* Commercial outdoor entertainment/sports and recreation
* Commercial outdoor swimming pool and tennis facility
Convenience store
* Golf course
* Marina
Medical clinic
Retail sales
F. Miscellaneous uses:
* Reconstructed wetland
(7-7-05.)
Sec. 4-15004. Lot size requirements.
A. Minimum tract size. ..... Minimum area required for creation of a PD-R District shall be twenty
(20) acres. Incremental additions to such districts shall be immediately adjacent to the existing
PD-R District and must be appropriately sized for proposed improvements on such addition to
meet all required lot size and bufferyard requirements, bulk regulations, and additional site
plan requirements as specified in the zoning ordinance.
The minimum required area may be in a parcel in single ownership or in combination with
contiguous parcels. If an application is to be made for rezoning to planned development
residential in contiguous parcels, the applicant must provide legal agreements showing
marketable title to the subject properties and the source of the applicant's title and interest in
the subject properties.
B. Minimum lot area, width, frontage and bulk regulations. ..... There shall be no minimum lot
area, width, frontage and setback requirements for any lot within a planned development
residential district other than as specified in an approved master development plan.
Sec. 4-15006. Bulk regulations.
A. Maximum building height:
1. All buildings: Fifty (50) feet.
B. Maximum density:
1. Single-family subdivision: Ten (10) dwelling units per acre.
2. Floor area ratio for nonresidential: One-fourth (0.25) square foot per foot of net
developable area.
3. The density requirements for an attached townhouse or a multifamily dwelling
development shall comply with the provisions in the supplementary use regulations in
section 5-5002
C. Maximum coverage: The open space ratio shall be established as part of the master
development plan approval and shall supersede requirements for specific uses.
Planned Development – Mixed-Use - Sec. 4-18002. Permitted uses.
The following uses are permitted by right subject to all other applicable requirements contained
in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which
are listed in section 5-5000, supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Forestry operation
• Forestry, silvicultural
B. Residential uses:
* Accessory apartment
• Residential accessory apartment
• Commercial accessory apartment
* Community recreation
* Condominium
Dwelling, single-family
Dwelling, two-family
* Family day care home
* Home occupation, Type I
* Multifamily dwelling
* Temporary emergency housing
* Townhouse
C. Civic uses:
* Cemetery
• Private
* Community center
Cultural service
* Educational facility, primary/secondary
* Public park and recreational area
Public safety service
* Utility service/minor
D. Office uses:
Financial institution
General office
E. Commercial uses:
* Antique shop
* Bed and breakfast
Business support service
* Construction office, temporary
* Golf course
* Motor vehicle parts/supply, retail
Personal improvement service
Personal service
Real estate office, temporary
* Restaurant, drive-in fast food
Restaurant, general
Retail sales
Studio, fine arts
Veterinary hospital/clinic
F. Miscellaneous uses:
* Amateur radio tower
(7-7-05; Ord. No. 2011-13-C, 8-4-11; Ord. No. 2013-2-C, 4-18-13.)
Sec. 4-18003. Conditional uses.
The following uses are allowed only by conditional use permit pursuant to section 1-1017. An
asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-
5000, supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Agriculture
• Assembly and repair of farm equipment
Farmer's market
* Forestry operation
• Timbering
Greenhouse, private
* Stable, commercial
• In conjunction with residence
• Not in conjunction with residence
* Stable, private
B. Residential uses:
* Dwelling, multifamily conversion
Group home
C. Civic uses:
* Adult care center
Assisted living facility
* Cemetery
• Church
• Public
* Child care center
Club
Educational facility, college/university
Halfway house
Life care facility
* Nursing home
Park and ride facility
Post office
Public assembly
* Religious assembly
* Utility service/major
D. Office uses:
Medical office
E. Commercial uses:
Agricultural service
• Farm supplies, equipment sales and service
• Commercial assembly and repair of all equipment normally used in agricultural, silvicultural, and
horticultural operation
Boarding house
Business or trade school
Commercial indoor amusement
Commercial indoor entertainment
* Commercial indoor sports and recreation
* Commercial outdoor entertainment/sports and recreation
* Commercial outdoor swimming pool and tennis facility
* Convenience store
* Funeral home
* Garden center
* Gasoline station
* Golf driving range
Hospital
Hospital, special care
Hotel/motel/motor lodge/inn
* Kennel, commercial
* Marina
Medical clinic
* Mini-warehouse
Motor vehicle/outdoor storage
* Motor vehicle repair service/minor
F. Industrial uses:
* Construction yard
Custom manufacturing
G. Miscellaneous uses:
* Aviation facility, general
* Aviation facility, private
* Communication tower
Parking facility, surface/structure
* Reconstructed wetland
(7-7-05; Ord. No. 2011-13-C, 8-4-11; Ord. No. 2013-2-C, 4-18-13.)
Sec. 4-18006. Bulk regulations.
A. Maximum building height:
1. All buildings: Fifty (50) feet.
B. Density requirements (for non-UDA areas): ..... Maximum number of dwelling units per acre:
1. Conventional single-family subdivision: Ten (10).
2. The density requirements for an attached townhouse or a multifamily dwelling
development shall comply with the provisions in the supplementary use regulations in
section 5-5002
3. Floor area ratio for nonresidential: Three-fourths (0.75) square foot per foot of net
developable area.
C. Density requirements for UDA areas: ..... Minimum number of dwelling units per acre:
1. Conventional single-family subdivision: Four (4).
2. Townhouse developments: Six (6).
3. Multifamily residences and condominiums: Twelve (12).
4. Floor area ratio for nonresidential: Four-tenths (0.4) square foot per foot of net
developable area.
D. Maximum coverage: ..... The open space ratio shall be established as part of the master
development plan approval and shall supersede requirements for specific uses. (7-7-05; Ord.
No. 2011-13-C, 8-4-11.)
Sec. 4-18007. Commercial and industrial uses.
A. No more than fifty percent (50%) of the total land, which may be zoned planned development
mixed use district shall be devoted to office, commercial and/or industrial uses. (7-7-05; Ord.
No. 2011-13-C, 8-4-11.)
Sec. 5-5002. Supplementary use regulations for residential use types.
A. Accessory apartment. ..... It is the specific purpose and intent to allow accessory apartments
through conversion of existing larger residential structures and in the construction of new
structures. Such uses are to provide the opportunity and encouragement to meet the special
housing needs of single persons and couples of low- and moderate-income, both young and
old, as well as relatives of families residing in the county.
It is furthermore the intent and purpose of accessory apartments to allow the more efficient
use of the county's existing housing stock, in a manner consistent with the land use objectives
identified in the comprehensive plan and to provide alternative housing opportunities while
protecting and preserving property values and community character. To help achieve these goals
and purposes, the following standards are set forth as conditions for such accessory uses:
1. Residential accessory apartment. ..... Where allowed as a permitted or a conditional use
in the underlying zoning district, the following shall apply:
a. A conditional use permit shall be required for an accessory apartment on any lot
which does not have one hundred and fifty percent (150%) of the minimum lot size
requirement for the zoning district in which the use is located, except that this
requirement will not apply in the RAC and RR zoning districts.
b. Location.
i. An accessory apartment may be located in a primary dwelling unit.
ii. An accessory apartment may only be located in an accessory structure when
the lot in question has one hundred and fifty percent (150%) or greater of the
minimum lot size requirement for the zoning district in which the use is located.
ii. The owner of the residential dwelling unit shall occupy at least one (1) of the
dwelling units on the premises.
c. Apartment size.
i. Minimum floor area: Four hundred (400) square feet.
ii. 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 (35) percent of the living area of the primary dwelling, excluding garages,
breezeways, etc., whichever is less. The maximum floor area of an accessory
apartment in an accessory building shall not exceed fifty (50) percent of the
floor area of the accessory building.
d. Maximum number of bedrooms. ..... No more than two (2) bedrooms are permitted
in an accessory apartment.
e. Maximum number of accessory apartments. ..... No more than one (1) accessory
apartment is permitted per parcel.
f. Exterior appearance. ..... If an accessory apartment is located in the primary
dwelling, the apartment entry shall be located on the side or rear of the unit, and its
design shall be such that the appearance of the dwelling will remain as a single-
family residential structure. No accessory apartment shall be attached to a primary
dwelling by open walkways, breezeways, patios, decks, etc.
g. Water and sewer service. ..... Approval of the water supply and sewage disposal
shall be obtained from the Isle of Wight County Department of Health or the
department of public utilities.
h. Parking. ..... One (1) parking space shall be required in addition to the required
parking for the primary dwelling.
2. Commercial accessory apartment. ..... Where allowed as a permitted or a conditional use
in the underlying zoning district, the following shall apply:
a. Location. ..... A commercial accessory apartment may be 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 (50) percent of the entire unit.
ii. The maximum floor area of an accessory apartment located to the rear of a
commercial unit shall not exceed thirty-five (35) percent of the entire unit.
d. Maximum number of bedrooms. ..... No more than two (2) bedrooms are permitted
in an accessory apartment.
e. Maximum number of accessory apartments. ..... No more than one (1) accessory
apartment is permitted per commercial use.
f. Exterior appearance.
i. The entry to the apartment shall be located on the side or rear of the commercial
unit, and the building design shall maintain its commercial character and
appearance.
ii. No accessory apartment shall be attached to a commercial unit by open
walkways, breezeways, patios, decks, etc.
g. Water and sewer service. ..... Approval of the water supply and sewage disposal
shall be obtained from the Isle of Wight County Department of Health or the
department of public utilities.
h. Parking. ..... Parking for the apartment must be located to the rear or side of the
commercial unit. Each apartment must be provided one and one-half (1.5) parking
spaces in addition to what is required for the commercial use.
B. Boathouse.
1. A boathouse, where permitted in this ordinance, shall be permitted as an accessory use
on property where a legally established single-family dwelling exists.
2. A conditional use permit shall be required for a boathouse where there is no existing
residence.
C. Community recreation.
1. Except in the case of a planned development, community recreational facilities shall be
developed solely for the noncommercial use of the residents and guests of the residential
development.
2. A conditional use permit shall be required for the commercial or noncommercial use of a
community recreational facility by the general public. The board of supervisors, following
a recommendation by the planning commission, may vary area and setback requirements
for existing facilities, provided that alternative methods of protecting adjoining properties
are required as conditions of the conditional use permit.
3. Community recreational facilities may be owned and operated by a homeowner's
association or a private or public entity.
4. All outdoor recreational playfields, grounds and facilities and associated fences or
enclosures shall conform to the required front and corner side yard building setbacks of
the underlying zoning district.
5. Recreational structures for indoor recreation shall meet the required setbacks of the
underlying zoning district for a primary use.
6. Pedestrian access to community recreational areas shall be provided throughout the
entire development.
7. Entrances for vehicular access must be provided in accordance with requirements of the
Virginia Department of Transportation, and shall be located at least fifteen (15) feet from
any recreational use on the lot and from exterior lot lines.
8. Vehicular parking shall be in accordance with the requirements of this ordinance and shall
not be designed as to require or encourage cars to back into a street.
a. A reduction of up to twenty-five (25) percent may be granted administratively if the
development contains bike paths and a bike parking area. This reduction does not
apply to the requirements for employee vehicular parking, or to any community
recreational facility open to the general public.
9. A landscaped buffer shall be provided for all community recreational uses in accordance
with the requirements for civic use types in article VIII.
a. Tot lots developed separately from other recreational areas may be exempt from
landscaping requirements.
10. Lighting shall be installed in accordance with article XI and shall be arranged to shine
inward so that it does not reflect onto adjacent properties or impair the safe movement of
traffic.
D. Condominium.
1. Condominium developments shall be regulated by use in accordance with the underlying
zoning district.
2. A condominium development may be developed in accordance with the townhouse or
multifamily standards as found in the supplementary use regulations, except that a
townhouse condominium development shall not be permitted to deed any portion of the
land with the townhouse unit.
3. Any subdivision of land within a condominium development shall comply with the Isle of
Wight County Subdivision Ordinance and other county regulations as may by applicable.
E. Dwelling, multifamily conversion. ..... Where allowed in the underlying zoning district, a single-
family residence in existence as of July 1, 1997, may be converted to a multifamily dwelling
containing not more than four (4) dwelling units in accordance with the following:
1. Minimum area and setback requirements.
a. Conversions into two (2) dwelling units shall require at least one hundred fifty (150)
percent of the minimum lot size in the district in which it is located.
b. Conversions into three (3) dwelling units shall require at least two hundred (200)
percent of the minimum lot size in the district in which it is located.
c. Conversions into four (4) dwelling units shall require at least two hundred fifty (250)
percent of the minimum lot size in the district in which it is located.
d. The original single-family residence shall meet the minimum setback requirements
of the underlying zoning district.
2. Minimum floor area. ..... The original single-family residence shall contain at least two
thousand (2,000) square feet of floor area.
3. Water and sewer service. ..... Approval of the water supply and sewage disposal shall be
obtained from the Isle of Wight County Department of Health or the Isle of Wight County
Department of Public Utilities.
F. Dwelling, two-family duplex.
1. Yard setback. ..... All setbacks and other requirements in the district in which it is located
shall apply, except that the side yard along a common wall separating the two (2) units
shall be zero (0) feet.
2. Water and sewer service. ..... Approval of the water supply and sewage disposal shall be
obtained from the Isle of Wight County Department of Health or the Isle of Wight County
Department of Public Utilities.
G. Family day care home (serving six (6) to twelve (12) children). ..... The following must be
satisfied prior to the issuance of a zoning permit for a family day care home serving six (6)
through twelve (12) children:
1. The zoning administrator shall send written notification by certified letter to the last known
address of each adjacent property owner advising of the proposed family day care home.
2. If no written objection from any property owner so notified is received within thirty (30)
days of the date of sending the notification letter and the zoning administrator determines
that the family day care home otherwise complies with the zoning ordinance, the zoning
administrator may issue a zoning permit for the family day care home.
3. If written objection from any property owner so notified is received within thirty (30) days
of sending the notification letter, then the zoning administrator may not issue a zoning
permit unless and until such time as a conditional use permit for the family day care home
is approved by the board of supervisors with a recommendation by the planning
commission.
H. Guest house.
1. Location. ..... A guest house shall be located in an accessory structure in the rear yard of
the primary structure.
a. The owner of the lot or parcel must occupy the primary dwelling.
b. A guest house shall not be permitted as an accessory structure prior to the
construction and occupancy of the primary dwelling.
2. Occupancy.
a. No such quarters shall be occupied by the same guest or guests for more than three
(3) consecutive months in any twelve-month period.
b. No such quarters shall be rented, leased, or otherwise made available for
compensation of any kind.
3. Minimum lot size. ..... The minimum lot size for a primary dwelling with a guest house
shall be one hundred fifty (150) percent of the minimum lot size required for the zoning
district in which the use is located.
4. Setback requirements. ..... A guest house shall meet the required setbacks of the
underlying zoning district for the primary dwelling.
5. Maximum floor area. ..... The maximum floor area of a guest house shall not exceed thirty
(30) percent of the floor area of the primary dwelling, excluding garages, breezeways,
patios, decks, etc.
6. Maximum number of bedrooms. ..... No more than two (2) bedrooms are permitted in a
guest house.
7. Maximum number of guest houses. ..... There shall be no more than one (1) guest house
permitted per residential lot or parcel.
8. Exterior appearance. ..... The design of a guest house shall maintain and enhance the
character and exterior appearance of the primary dwelling.
9. Water and sewer service. ..... Approval of the water supply and sewage disposal shall be
obtained from the Isle of Wight County Health Department or the Isle of Wight County
Department of Public Utilities.
I. Home occupation, Type I and Type II.
1. Intent. ..... These provisions are adopted in recognition that certain small-scaled
commercial activities may be appropriate in conjunction with residential uses. The
character and scale of such commercial activities must be subordinate and incidental to
the principal use of the premises for dwelling purposes, and must be consistent with the
predominant residential character of the property and/or surrounding neighborhood. In
addition, these provisions are intended to limit the size of such home occupations to not
create an unfair competitive advantage over businesses located in commercially zoned
areas.
2. Types of home occupations. ..... Recognizing the divergent needs of the developing areas
of the county from the rural areas of the county, two (2) levels or types of home
occupations have been established. Type I home occupations afford the greatest degree
of protection to surrounding residents in those areas that are developing and becoming
more suburban in nature. In contrast, Type II home occupations have been established
to recognize the greater spaces between residents as well as the types of activities that
are similar to those associated with the more traditional agricultural and forestry related
activities found in the rural areas.
3. Uses for home occupation: Type I. ..... Type I home occupations are allowed in the
following zoning districts: VC, NC, SE, SR, UR, PD-R, PD-MH, and PD-MX.
The following is a representative listing of uses which may be conducted as Type I home
occupations within the limits established in this section, however, uses not listed below
require a specific letter of confirmation from the zoning administrator:
• Art, handicraft, music, writing, photography, or similar studios
• Computer and home typing services
• Direct sales product distribution as long as products are directly delivered to the
customer
• Dressmaker, seamstress, tailor
• Babysitting (up to five (5) children)
• Hair cutting and styling
• Home typing or computer services
• 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
• Heating, plumbing, or air conditioning services
• Landscape and horticultural services
• Limousine service
• Machine shop/metal working provided all is completed in a completely enclosed
building
• Massage, physical therapy
• Motor vehicle display for purposes of sale of up to four (4) vehicles per year (no
more than one (1) vehicle may be displayed at any time)
• Repair of small appliances, small engines and limited machining of small parts,
office machines, cameras, and similar small items
• Repair or servicing of small internal combustion engines used in lawn mowers,
edgers, hedge trimmers, power saws and similar yard maintenance equipment
inside enclosed structure
• Retail sales of agricultural, craft and woodworking products principally produced
on-site
• Taxidermy (See supplementary use regulations section 5-5005.AA)
• Telephone answering service
• Veterinary services
• Waterman's operation with on-premises wholesale and retail sale prohibited
• Wood working and furniture repair, upholstery and cabinet making
5. Uses that are prohibited as home occupations. ..... The following uses shall be prohibited
as home occupations:
• Vehicle or boat repair or painting
• Equipment or vehicle rental
• 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 fire arms, gunsmiths
• 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 standards for all home occupations.
a. The maximum floor area devoted to home occupations shall not exceed twenty-five
(25) percent of the finished floor area of the dwelling unit.
b. More than one (1) home occupation may be permitted provided the total floor area
used for all home occupations is not exceeded.
c. No dwelling or structure shall be altered, occupied, or used in a manner, which would
cause the premises to differ from a character consistent with a residential use. The
use of colors, materials, construction, lighting, or other means inconsistent with a
residential use shall be prohibited.
d. There shall be no outside storage of goods, products, equipment, excluding motor
vehicles, or other materials associated with the home occupation. No toxic,
explosive, flammable, radioactive, or other hazardous materials used in conjunction
with the home occupation shall be used, sold, or stored on the site.
e. The type and volume of traffic generated by a home occupation shall be consistent
with the traffic generation characteristics of other dwellings in the area.
f. Off street parking shall be provided as appropriate for the specific nature of the home
occupation.
g. The home occupation shall not involve the commercial delivery of materials or
products to or from the premises. This excludes delivery by the United States Postal
Service, Federal Express (FEDEX), United Parcel Service (UPS) or similar delivery
services customarily found in residential areas.
h. The home occupation shall not increase demand on water, sewer, or garbage
collection services to the extent that the combined demand for the dwelling and
home occupation is significantly more than is normal to the use of the property for
residential purposes.
i. No equipment or process shall be used in a home occupation which creates noise
in excess of sixty (60) dB(A) measured at the property line, or vibration, glare,
noxious fumes, or electrical interference detectable to the normal senses off the
premises or through common walls. 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.
l. All state, federal and local licenses and/or permits shall be obtained prior to
operation.
7. Specific standards for Type I home occupations.
a. Home occupations shall be confined to the primary dwelling. To conduct a home
occupation in an accessory building, a conditional use permit must be obtained from
the board of supervisors pursuant to section 1-1017
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.
8. Specific standards for Type II home occupations.
a. Storage of goods or products shall not exceed ten (10) percent of the finished floor
area devoted to the home occupation.
b. One (1) person who is not a permanent resident of the dwelling may be engaged or
employed in the home occupation.
c. An accessory building or structure may be used with the home occupation, provided
that the total floor area devoted to the home occupation in the accessory structure
and dwelling unit does not exceed thirty (30) percent of the finished floor area of the
dwelling unit.
J. Kennel, private. ..... A private kennel shall be located fifty (50) feet from any property zoned
other than RAC or RR.
K. Manufactured home, Class A. ..... A manufactured home, Class A may be permanently located
on a lot or parcel as permitted by the underlying district, except in planned development
manufactured home parks.
For the purposes of this section, the following shall apply:
1. The manufactured home is the only residential structure located on the lot or parcel;
2. The manufactured home has a width of nineteen (19) or more feet;
3. The pitch of the home's roof has a minimum vertical rise of one (1) foot for each five (5)
feet of horizontal run, and the roof is finished with a type of shingle that is commonly used
in standard residential construction;
4. The exterior siding consists of materials comparable in composition, appearance, and
usability to the exterior siding commonly used in standard residential construction;
5. The manufactured home is constructed on a permanent footing that meets the
requirements of the building code. The foundation wall shall be a continuous, masonry
foundation, unpierced except for required ventilation and access and shall be installed
prior to occupancy; and
6. The tongue, axles, transporting lights, and towing apparatus are removed after placement
on the lot and before occupancy.
L. Manufactured home, Class B.
1. A manufactured home, Class B may be permanently located on a lot or parcel as
permitted by the underlying zoning district, except in planned development manufactured
home parks.
2. For the purposes of this section, the following shall apply:
a. The manufactured home is the only residential structure located on the lot or parcel.
b. The manufactured home is constructed on a permanent footing that meets the
requirements of the building code. Skirting may be permitted around the perimeter
of the foundation.
c. The tongue, axles, transporting lights, and towing apparatus are removed after
placement on the lot and before occupancy.
M. Manufactured home, family member residence. ..... A manufactured home, Class B, located
on the same lot or parcel as a primary dwelling may be 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 (150) percent of the minimum square footage required by the
underlying zoning district.
3. Where public sewer is not available, the Isle of Wight County Health Department shall
approve sewage disposal for all family member manufactured homes.
4. Only one (1) family member manufactured home is allowed per parcel.
5. No family member manufactured home shall be allowed on a lot with another
manufactured home, Class B.
6. A zoning permit shall not be issued for a family member manufactured homes until the
following procedure has been completed:
a. The zoning administrator is to send written notification by certified letter to the last
known address of each adjacent property owner advising them of the proposed
family member manufactured home and informing them that the permit may be
issued if written comments are not received within thirty (30) days. The property shall
also be posted with a sign pursuant to section 9-1006 for no less than fourteen (14)
days prior to the expiration of the thirty-day period.
b. If the zoning administrator receives no written objection from any property owner so
notified within thirty (30) days of the date of sending the notification letter, and the
zoning administrator determines that the proposed manufactured home otherwise
complies with the zoning ordinance, and the requirements for sewage disposal, the
zoning administrator may issue a zoning permit for the family member manufactured
home.
c. If the zoning administrator receives written objection from any property owner so
notified within thirty (30) days of the date of sending the notification letter, then the
zoning administrator may not issue a zoning permit unless and until such time as a
conditional use permit for the proposed manufactured home for a family member is
approved by the board of supervisors with a recommendation by the planning
commission.
N. Manufactured home, temporary residence. ..... A manufactured home, Class B may be allowed
as a temporary residence during the construction, repair, or renovation of a permanent
residential structure on a single lot or parcel subject to the following:
1. All permits for temporary residences, while repairing a permanent residence shall expire
within one (1) year after the date of issuance. No extension shall be considered unless
substantial construction has been initiated on the permanent residence. One (1)
extension not exceeding ninety (90) days may be granted by the zoning administrator if
it is determined that such additional time is required to reasonably complete the
construction, repair or renovation of the permanent residence.
2. All permits issued for temporary residence while constructing a new replacement
residence shall expire within two (2) years after the date of issuance. No extension shall
be considered unless substantial construction has been initiated on the replacement
residence. One (1) extension not exceeding ninety (90) days may be granted by the
zoning administrator if it is determined that such additional time is required to reasonably
complete the construction, repair or renovation of the replacement residence.
3. All temporary manufactured homes must be removed at least thirty (30) days after a final
certificate of occupancy has been issued.
4. Only one (1) temporary manufactured home is allowed per parcel.
O. Multifamily dwelling.
1. Districts permitted. ..... Multifamily apartments are permitted as indicated in the zoning
district regulations. The following standards for such apartment uses are intended to
supplement, and in some cases, supersede those outlined in the schedule of zone
regulations district regulations.
2. Multifamily dwellings located on less than three (3) contiguous acres shall obtain a
conditional use permit.
3. 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.
4. 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 this setback
area.
b. The minimum distance between multifamily structures shall be no less than the
height of the taller of the two (2) adjacent structures.
5. Base density: ..... Fourteen (14) dwelling units per acre.
a. A density bonus of one and one-half (1.5) units per acre will be granted for each of
the
following:
For every ten percent (10%) of the units committed to the provision of
affordable and workforce housing.
Dedication to the County a public use site, the developable portion of
which is suitable for a public facility.
Environmental protections which exceed the requirements of County
Ordinances or restore degraded habitats.
Enhanced stormwater management through better site design/low impact
development techniques/implementation of projects which provide
stormwater management beyond the scope of the project, as approved by
the Zoning Administrator.
b. A density bonus of one-half (0.5) units per will be granted for each of the following:
Swimming pool
Clubhouse
Lighted recreational facility (tennis, basketball, etc.)
Dock, pier, boat ramp
Other recreational amenities can be considered by the Zoning
Administrator
6. Lot coverage: ..... The maximum lot coverage shall be sixty (60) percent of the total tract
area.
7. Open space:
a. A minimum of seven hundred and fifty (750) square feet per unit shall be maintained
as open space. This required open space shall not be devoted to service driveways,
off-street parking, or loading spaces.
b. Each such recreational space shall be at least fifty (50) feet in the least dimension.
8. [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.
9. [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.
10. Landscaping: ..... For the purpose of landscaping, multifamily dwellings shall be treated
as a commercial use type and required to submit a landscaping plan meeting all of the
guidelines and specifications of article VIII pertaining to such use types.
11. Management of common and open spaces in multifamily and condominium
developments:
a. All common and open spaces shall be preserved for their intended purpose as
expressed on the approved site plan.
b. A management structure consisting of a nonprofit association, corporation, trust, or
foundation for all owners of residential property within the development shall be
established to insure the maintenance of open space and other facilities.
c. The management structure shall be established prior to the sale of any property.
d. Membership in the management structure shall be mandatory for all residential
property owners, present or future, within the development.
e. The management structure shall manage all common and open spaces, recreational
and cultural facilities, and private streets, and shall provide for the maintenance,
administration and operation of said land and improvements, and secure adequate
liability insurance on the land.
f. The management structure and organization shall comply with the Condominium
Act, Code of Virginia (1950), as amended.
12. Architectural treatment: ..... The following architectural treatments shall be incorporated
into all multifamily developments:
a. Developments shall possess architectural variety but enhance an overall cohesive
residential character. This character shall be achieved through the creative use of
design elements such as balconies and or/terraces, articulation of doors and
windows, varied sculptural or textural relief of facades, and architectural ornaments,
varied rooflines or other appurtenances such as lighting fixtures and/or plantings,
and where applicable varied placement of front entryways.
b. Pedestrian pathways shall be used to link all buildings, greenspaces, and
recreational areas within the development. Buildings shall be linked to sidewalks and
to each other as appropriate. These walkways shall be landscaped and lighted.
c. Open space areas shall be considered an organizing element of the site plan.
Courtyards or greens shall be utilized within the development. In such instances,
residential buildings shall front on these open spaces.
P. Temporary emergency housing.
1. Intent: These regulations are adopted in recognition that temporary emergency housing
options may be necessitated by fire, flood, or other unforeseen and sudden acts of nature.
2. Temporary emergency housing, used under a declared disaster:
a. Temporary emergency housing may be placed on property when a disaster has
been declared by the board of supervisors, the Governor of the Commonwealth of
Virginia, or the President of the United States in accordance with applicable state
and federal law.
b. A zoning permit shall be obtained before temporary emergency housing can be
placed on the property.
c. All zoning requirements, including setback requirements, may be waived as
determined to be necessary by the zoning administrator.
d. The period for temporary placement of such structures shall be no more than twelve
(12) months, unless an extension is specifically authorized by the board of
supervisors for an additional period of time to be set by the board.
e. No action under these provisions shall authorize permanent improvements or
establishing a use in violation of this ordinance or any other law.
3. Temporary emergency housing, used during reconstruction or replacement of an
uninhabitable dwelling lost or destroyed by fire, flood, or other unforeseen and sudden
acts of nature:
a. The zoning administrator may authorize the emergency use of a temporary
emergency housing on a lot, if the building official certifies that the permanent
dwelling on the lot is uninhabitable.
b. Only one (1) temporary emergency housing unit shall be permitted on any lot of
record. It shall be located on the same lot as the destroyed dwelling, and must be
occupied only by the person, persons, or family, whose dwelling was destroyed.
c. The temporary emergency housing shall meet all setback and yard requirements for
the district in which it is located. It shall be anchored and stabilized in accordance
with the provisions of the Virginia Uniform Statewide Building Code.
d. A one time extension of up to ninety (90) additional days may be granted by the
zoning administrator if substantial reconstruction of the destroyed dwelling has
occurred, and work has, and is continuing to progress. The temporary emergency
housing must be removed within thirty (30) days after a final certificate of occupancy
has been issued for the reconstructed dwelling.
Q. Townhouse. ..... Townhouses are permitted as indicated in zoning district(s) regulation(s). The
following standards for townhouse development are intended to supplement, and in some
cases, supersede those outlined in the district regulations:
1. Density requirements:
a. Townhouse developments located on less than three (3) contiguous acres shall
obtain a conditional use permit.
b. Base density: Fourteen (14) dwelling units per acre.
c. A density bonus of one and one-half (1.5) units per acre will be granted for each of
the
following:
For every ten percent (10%) of the units committed to the provision of
affordable and workforce housing.
Dedication to the County a public use site, the developable portion of
which is suitable for a public facility.
Environmental protections which exceed the requirements of County
Ordinances or restore degraded habitats.
Enhanced stormwater management through better site design/low impact
development techniques/implementation of projects which provide
stormwater management beyond the scope of the project, as approved by
the Zoning Administrator.
d. A density bonus of one-half (0.5) units per acre will be granted for each of the
following
facilities on the site:
Swimming pool
Clubhouse
Lighted recreational facility (tennis, basketball, etc.)
Dock, pier, boat ramp
Other recreational amenities can be considered by the Zoning
Administrator
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:
a. Dwelling units per townhouse structure and length of structure. ..... No more than
ten (10) dwelling units shall be contained in a townhouse structure.
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 the sale of any property.
d. Membership in the management structure shall be mandatory for all residential
property owners, present or future, within the development.
e. The management structure shall manage all common and open spaces, recreational
and cultural facilities, and private streets, and shall provide for the maintenance,
administration and operation of said land and improvements, and secure adequate
liability insurance on the land.
f. The management structure and organization shall comply with the Condominium
Act, Code of Virginia (1950), as amended.
12. Architectural treatment: ..... The following architectural treatments shall be incorporated
into all townhouse developments:
a. Townhouse rows avoid monotonous facades and bulky masses. No more than two
(2) consecutive units shall have the same façade plane, and no more than 50% of
the units in any building shall have the same façade 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.
Sec. 10-1010. Table of use types and parking requirements.
USE PARKING REQUIREMENT
Agricultural Use Types
Agriculture No requirement
Aquaculture No requirement
Commercial feedlot No requirement
Farm employee housing No requirement
Farmer's market 1 space per 100 sq. ft., 5 spaces minimum
Forestry operation No requirement
Greenhouse, private No requirement
Livestock auction market See schedule B
Stable, commercial 1 space per employee on major shift, plus 1 space for every 4
animals stabled
Stable, private No requirement
Sawmill No requirement
Wayside stand 1 space per 100 sq. ft., 3 spaces minimum
Residential Use Types
Accessory apartment 1 additional space
Community recreation See schedule B
Condominium 1 spaces per 1 bedroom unit
2 spaces per 2 bedroom unit
2.25 spaces per 3 bedroom unit
1 visitor space for every 5 units
Dwelling, multifamily
conversion
1 spaces per 1 bedroom unit
2 spaces per 2 bedroom unit
2.25 spaces per 3 bedroom unit
Dwelling, single-family 2 spaces per dwelling
Dwelling, two-family 2 spaces per dwelling unit
Family day care home 1 space per nonresident employee**
Group home 2 spaces per dwelling
Guest house 1 additional space
Home occupation No requirement
Human care facility See schedule B
Kennel, private No requirement
Manufactured home,
Class A
2 spaces per dwelling
Manufactured home,
Class B
2 spaces per dwelling
Manufactured home,
Class C
2 spaces per dwelling
Manufactured home,
emergency residence
2 spaces per dwelling
Manufactured home,
family member residence
1 additional space
Manufactured home park 2 spaces per dwelling
Manufactured home
subdivision
2 spaces per dwelling
Manufactured home,
temporary residence
2 spaces per dwelling (can be converted for permanent dwelling)
Multifamily dwelling 1 spaces per 1 bedroom unit
2 spaces per 2 bedroom unit
2.25 spaces per 3 bedroom unit
1 visitor space for every 5 units
Townhouse 1 spaces per 1 bedroom unit
2 spaces per 2 bedroom unit
2.25 spaces per 3 bedroom unit
1 visitor space for every 5 units
Civic Use Types
Administrative service 3 spaces per 1,000 sq. ft, plus 1 space per vehicle based at facility
Adult care center 1 space per 3 residents, plus 1 space each employee on major shift
Assisted living facility 1 space per 3 residents, plus 1 space each employee on major shift
Cemetery See schedule B
Child care institution 1 space per employee on major shift, plus 1 space per 20 children,
plus 1 space for each vehicle associated with facility
Child care center 1 space per employee on major shift, plus 1 space per 20 children,
plus 1 space for each vehicle associated with facility
Club 1 space per 3 persons based on maximum occupancy
Community center 1 space per 250 sq. ft.
Correctional facility See schedule B
Crisis center 1 space per 2 persons of residential occupancy
Cultural service 1 space per 300 sq. ft.
Educational facility,
college/university
See schedule B
Educational facility,
primary/secondary
See schedule B, but no less than 1 space per employee on major
shift, plus 1 space per 4 students in the 11th and 12th grades
Halfway house 1 space per 2 persons of residential occupancy
Life care facility 1 space per 3 residents, plus 1 space each employee on major shift
Nursing home 1 space per 3 residents, plus 1 space each employee on major shift
Park and ride facility No requirement
Post office See Schedule A
Public assembly 1 space per 4 seats or similar accommodations provided
Public maintenance and
service facility
See schedule A
Public park and
recreational area
See schedule B
Public safety service 3 spaces per vehicle based at facility
Religious assembly 1 space per 4 seats in principle place of worship
Rehabilitation service 1 space per 3 residents, plus 1 space each employee on major shift
Utility service, major See schedule B
Utility service, minor No requirement
Office Use Types
Financial institution 1 space per 300 sq. ft., plus required stacking spaces
General office 1 space per 250 sq. ft.
Laboratory 1 space per 1.5 employees on major shift, plus 1 per company
vehicle
Medical office 7 spaces per practitioner, or 1 space per 200 sq. ft., whichever is
greater
Commercial Use Types
Adult entertainment
establishment
1 space per 200 sq. ft.
Agricultural service See schedule A
Antique shop 1 space per 400 sq. ft.
Bed and breakfast 1 space per guest room, plus 2 spaces for owner's unit
Boarding house 1 space per sleeping room
Business support service 1 space per 250 sq. ft.
Business or trade school See schedule B, but no less than 1 space per 4 students
Campground 1 space per campsite, plus spaces required for other uses
Car wash 1 space per employee on major shift, plus required stacking spaces
Commercial indoor
amusement
1 space per 3 persons based on maximum occupancy load
Commercial indoor 1 space per 4 seats or similar accommodations, plus 1 space per 2
entertainment employees on major shift.
Commercial Indoor Sports and Recreation
• Bowling alley 3 spaces per alley, plus 1 space per employee on major shift
• Swimming pool 1 space per 100 sq. ft. of water surface
• Tennis and similar
court games
4 spaces per court
• Other indoor sports 1 space per 3 persons based on maximum occupancy, plus 1 space
per employee on major shift
Commercial Outdoor Entertainment/Sports Recreation
• Miniature golf 1. 5 spaces per hole
• Other outdoor
entertainment/sports
recreation
1 space per 3 persons based on maximum occupancy, plus 1 space
per employee on major shift
Commercial outdoor pool
and tennis facility
1 space per 100 sq. ft. of water surface, and/or 4 spaces per court
Construction office,
temporary
No requirement
Construction sales and
service
See schedule A
Contractor office and
storage facility
See schedule A
Convenience store 1 space per 200 sq. ft. for the first 1,000 sq. ft. plus 1 space for each
additional 175 sq. ft.
Crematorium 1 space per 4 seats in main chapel, plus 1 space per 2 employees on
major shift, plus 1 space per company vehicle
Equipment sales and
rental
See schedule A
Flea market 1 space per 100 sq. ft. of sales area accessible to the public
Funeral home 1 space per 4 seats in main chapel, plus 1 space per 2 employees on
major shift, plus 1 space per company vehicle
Garden center See schedule A
Gasoline station 1 space per employee, plus 1 space per 200 sq. ft. of building area,
plus required stacking space
Golf course 50 spaces per 9 holes, plus spaces as required for other uses
Golf driving range 1.2 spaces for each driving tee
Hospital 1 space per 2 beds, plus 1 space per employee on major shift,
including doctors
Hospital, special care 1 space per 2 beds, plus 1 space per employee on major shift,
including doctors
Hotel/motel/motor
lodge/inn
1 space per guest accommodation, plus 4 spaces per 50 guest
rooms, plus spaces as required for other uses.
Kennel, commercial 1 space per 500 sq. ft.
Laundry 1 space per 300 sq. ft.
Manufactured home
sales
See schedule B
Marina See schedule B
Medical clinic 3 spaces per examination or treatment room, plus 1 space per
employee on major shift including doctors
Micro-brewery, distillery,
cidery
1 space per employee on major shift, plus 1 space per 5,000 square
feet of storage, plus 1 space per 2 seats in tasting room, restaurant,
retail; other accessory uses shall provide spaces consistent with the
parking requirements for the same use or a use deemed appropriate
by the Zoning Administrator
Mini warehouse 1 space for each employee, plus 2 spaces for the first 100 storage
spaces, plus 1 for each additional 100 storage units or portion thereof
Motor vehicle
dealership/new
See schedule A
Motor vehicle
dealership/used
See schedule A
Motor vehicle/rental See schedule A
Motor vehicle repair
service, major
2 spaces per service bay, plus 1 space per employee on major shift
Motor vehicle/repair
service, minor
1 space per 200 square feet, plus 2 spaces per service bay, plus 1
space per employee on major shift
Motor vehicle/outdoor
storage
See schedule A
Motor vehicle
parts/supply, retail
See schedule A
Pawn shop 1 space per 300 sq. ft.
Personal improvement
service
1 space per 300 sq. ft.
Personal service 1 space per 300 sq. ft.
Real estate office,
temporary
1 space per 300 sq. ft.
Recreational vehicle
sales and service
See schedule A
Restaurant, drive-in fast food
• With seats Without seats 1 space per 4 seats, plus 1 space per 4 employees on
major shift, plus required stacking space
• Without seats 1 space per 60 sq. ft., plus required stacking space
Restaurant, general 1 space per 4 seats, plus 1 space per 2 employees on major shift
Retail sales See schedule A
Shopping center 4.4 spaces per 1,000 sq. ft.
Studio, fine arts See schedule B
Truck stop See schedule B
Veterinary hospital/clinic 1 space per 300 sq. ft.
Industrial Use Types
Abattoir or livestock
processing
See schedule A
Asphalt plant See schedule B
Brewery, Distillery,
Cidery
See Schedule A
Construction yard See schedule A
Convenience center See required stacking spaces
Custom manufacturing See schedule A
Industry, Type I See schedule A
Industry, Type II See schedule A
Industry, Type III See schedule A
Landfill, industrial See schedule B
Landfill, rubble See schedule B
Landfill, sanitary See schedule B
Meat packing 1 space per employee on major shift
Resource extraction 1 space per employee on major shift
Scrap and salvage
service
See schedule A
Transfer station See schedule B
Warehousing and
distribution
See schedule A
Miscellaneous Use Types
Alternate discharge
sewage
No requirement system
Amateur radio tower No requirement
Aviation facility,
commercial
See schedule B
Aviation facility, general See schedule B
Aviation facility, private See schedule B
Communication tower 2 spaces per tower
Hunt club See schedule B
Parking facility,
surface/structure
No requirement
Shooting range, outdoor See schedule B
Schedule A
This schedule sets forth minimum parking requirements for uses with
elements having different functions or operating characteristics within a single
overall use.
Function of Element Requirement
Office or administrative activity 1 space per 300 sq. ft.
Indoor sales, display or service area 1 space per 500 sq. ft.
Motor vehicle service bay 2 space per service bay
Outdoor sales, display or service area 1 space per 2,000 sq. ft.
General equipment servicing or
manufacturing
1 space per 1,000 sq. ft.
Indoor or outdoor storage or warehousing 1 space per 5,000 sq. ft.
Schedule B
Specific requirements shall be determined by the zoning administrator
based on requirements for similar uses, location of the proposed use, expected
demand and traffic generated by the proposed use, and appropriate traffic
engineering and planning criteria and information. Determinations of
requirements may be appealed to the board of zoning appeals.
Adopted this 19th day of March, 2015
Rex W. Alphin, Chairman
Attest:
_________________________________
Carey Mills Storm, Clerk
Approved as to Form:
_________________________________
Mark Popovich, County Attorney
Planning Commission Meeting June 16, 2015
RDR
Zoning Ordinance Amendments
PLANNING REPORT
APPLICATION:
An ordinance to amend and reenact the following sections of the
Isle of Wight County Code, Appendix B, Zoning: Article IV,
Zoning Districts and Boundaries; Article V, Supplementary Use
Regulations; Article X, Vehicle Parking Facilities; in order to
make revisions based on the County’s ISLE 2040 Plan.
ELECTION DISTRICT:
All Districts
LOCATION:
All Residential Zoning Districts
DESCRIPTION:
The following revisions to the Zoning Ordinance are being proposed by
Staff. The purpose of these revisions is to better align the County’s
zoning classifications with the land uses identified in the comprehensive
plan, to provide options which better reflect current market conditions,
to provide more flexibility and ease of use in the ordinance, and to reflect
recommended changes from the County’s ISLE 2040 Plan. Each revision
is detailed below.
1. Article IV – Zoning Districts and Boundaries
a. Village Center – This update provides increased flexibility
by allowing for accessory apartments.
Planning Commission Meeting June 16, 2015
RDR
Zoning Ordinance Amendments
b. Neighborhood Conservation – This update provides
increased flexibility by allowing for accessory apartments.
c. Suburban Estate – This update increases the number of
potential units per acre from two (2) units to three (3) units,
makes the necessary adjustments to the dimensional
requirements, and provides increased flexibility by allowing
for accessory apartments.
d. Suburban Residential – This update increases the number of
potential units per acre from three (3) units to five (5) units,
makes the necessary adjustments to the dimensional
requirements, and provides increased flexibility by allowing
for duplexes.
e. Urban Residential – This update increases the number of
potential units per acre from three (3) units to ten (10) units,
makes the necessary adjustments to the dimensional
requirements.
f. Planned Development – Residential – This update removes
the requirements for a specific residential density and the
dimensional requirements for lots, opting instead for
allowing the developer to provide a masterplan which
creates these standards and will be reviewed and approved
by staff, the Planning Commission, and the Board of
Supervisors. It also provides increased flexibility by
allowing for accessory apartments and duplexes and for a
commercial component by providing more permitted and
conditional uses.
g. Planned Development – Mixed Use – This update increases
the potential units per acre in Non-UDA areas from three (3)
units to ten (10) units, provides increased flexibility by
allowing for accessory apartments and duplexes, and
Planning Commission Meeting June 16, 2015
RDR
Zoning Ordinance Amendments
provides an increase in the commercial area acceptable in the
PD-MX zoning.
2. Article V – Supplementary Use Regulations
a. Accessory apartments – This update makes adjustments to
the requirements for an accessory apartment by reducing the
lot size needed, thereby allowing for accessory apartments
in more locations; and increasing the size requirements to
allow for a more useable apartment size.
b. Dwelling, two-family duplex – This update removes the lot
size requirement, making duplexes a more practical option
throughout all permitted zonings.
c. Multifamily dwelling – This update adjusts the requirements
for multi-family development, providing more flexibility to
the design of the site, and adjusting to the current market
conditions and the requirements of surrounding
municipalities. Open space requirements are more clearly
defined and better compare with surrounding municipalities.
Additionally density bonuses were created which will
provide incentive for features which benefit the County’s
citizens, protect the environment, and create a higher quality
development.
d. Townhouse – This update adjusts the requirements for multi-
family development, providing more flexibility to the design
of the site, and adjusting to the current market conditions and
the requirements of surrounding municipalities. Open space
requirements are more clearly defined and better compare
with surrounding municipalities. Additionally density
bonuses were created which will provide incentive for
features which benefit the County’s citizens, protect the
environment, and create a higher quality development.
Planning Commission Meeting June 16, 2015
RDR
Zoning Ordinance Amendments
3. Article X – Vehicle Parking Facilities – This update reduces the
number of required parking spaces for the Condominium,
Dwelling, Multi-family conversion, Multifamily dwelling, and
Townhouse use types. The purpose of this change is to reduce the
excessive vacant parking at these facilities and allow more
flexibility for the use of the site.
The effected redlined sections of the Zoning Ordinance are attached for
your review.
STAFF RECOMMENDATION:
Staff recommends approval of the Zoning Ordinance Amendment as
presented.
ATTACHMENTS:
Ordinance Amendment Redlined Version
Ordinance Amendment Final Version
Ordinance Amendment Adoption Resolution
APPENDIX B. ‐ ZONING.*
Article IV. Zoning Districts and Boundaries.
Suburban Estate - Sec. 4-6002. Permitted uses.
The following uses are permitted by right subject to all other applicable requirements contained in this
ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in
section 5-5000, supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Forestry operation
• Forestry, silvicultural
Greenhouse, private
B. Residential uses:
* Accessory apartment
• Residential accessory apartment
Dwelling, single-family
* Family day care home
Group home
* Home occupation, Type I
* Temporary emergency housing
C. Civic uses:
* Utility service/minor
D. Commercial uses:
* Construction office, temporary
Real estate office, temporary
E. Miscellaneous uses:
* Amateur radio tower
(7-7-05.)
Sec. 4-6003. Conditional uses.
The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk
(*) indicates additional, modified or more stringent standards which are listed in section 5-5000,
supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Stable, commercial
• In conjunction with a residence
APPENDIX B. ‐ ZONING.*
Article IV. Zoning Districts and Boundaries.
* Stable, private
B. Residential uses:
* Accessory apartment
• Residential accessory apartment
* Community recreation
* Guest house
C. Civic uses:
* Cemetery
• Church
Club
Cultural service
* Educational facility, primary/secondary
Halfway house
Post office
* Public park and recreational area
Public safety service
* Religious assembly
* Utility service/major
D. Commercial uses:
* Bed and breakfast
Boarding house
* Commercial outdoor swimming pool and tennis facility
* Golf course
* Marina
E. Miscellaneous uses:
* Reconstructed wetland
(7-7-05.)
Sec. 4-6004. Lot size requirements.
A. Minimum lot area:
APPENDIX B. ‐ ZONING.*
Article IV. Zoning Districts and Boundaries.
1. With private sewer and water: Thirty thousand (30,000) square feet.
2. With public sewer or water: Twenty thousand (20,000) square feet.
3. With public sewer and water: Twenty Fourteen thousand (20,000 14,000) square feet.
B. Minimum lot width:
1. With private sewer and water: One hundred twenty-five (125) feet.
2. With public sewer or water: One hundred twenty (120) feet.
3. With public sewer and water: One hundred twenty ten (120 110) feet.
C. Minimum lot frontage:
1. With private sewer and water: One hundred (100) feet.
2. With public sewer or water: Ninety-six (96) feet.
3. With public sewer and water: Ninety-six (96 90) feet.
4. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width of district.
(7-7-05.)
Sec. 4-6005. Bulk regulations.
A. Maximum building height:
1. All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser.
B. Maximum density:
1. Conventional single-family subdivision: Two Three (2 3) dwelling units per acre.
2. Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net developable area.
C. Minimum front yard setback requirements:
1. Where rights-of-way is > fifty (50) feet, the minimum front yard setback is fifty (50) feet from
property line.
2. Where rights-of-way is < fifty (50) feet, the minimum front yard setback is seventy-five (75) feet
from centerline of road.
D. Minimum side yard setback:
1. One (1) side: Twenty (20) feet.
2. Both sides: Forty (40) feet.
E. Minimum rear yard setback: ..... Thirty-five (35) feet. (7-7-05.)
1. Front yard: Thirty-five (35) feet.
2. Side yard: Fifteen (15) feet.
3. Rear yard: Twenty-five (25) feet.
Suburban Residential - Sec. 4-7002. Permitted uses.
The following uses are permitted by right subject to all other applicable requirements contained in this
ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in
section 5-5000, supplementary use regulations, for those specific uses.
APPENDIX B. ‐ ZONING.*
Article IV. Zoning Districts and Boundaries.
A. Agricultural uses:
* Forestry operation
• Forestry, silvicultural
B. Residential uses:
Dwelling, single-family
Dwelling, two-family
* Family day care home
Group home
* Home occupation, Type I
* Temporary emergency housing
C. Civic uses:
* Utility service/minor
D. Commercial uses:
* Construction office, temporary
Real estate office, temporary
E. Miscellaneous uses:
* Amateur radio tower
(7-7-05.)
Sec. 4-7003. Conditional uses.
The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk
(*) indicates additional, modified or more stringent standards which are listed in section 5-5000,
supplementary use regulations, for those specific uses.
A. Agricultural uses:
Greenhouse, private
B. Residential uses:
* Accessory apartment
• Residential accessory apartment
* Community recreation
C. Civic uses:
* Cemetery
• Church
APPENDIX B. ‐ ZONING.*
Article IV. Zoning Districts and Boundaries.
Club
Cultural service
* Educational facility, primary/secondary
Halfway house
Post office
* Public park and recreational area
Public safety service
* Religious assembly
* Utility service/major
D. Commercial uses:
* Bed and breakfast
Boarding house
* Commercial outdoor swimming pool and tennis facility
* Golf course
* Marina
E. Miscellaneous uses:
* Aviation facility, private
* Reconstructed wetland
(7-7-05.)
Sec. 4-7004. Lot size requirements.
A. Minimum lot area:
1. With private sewer and water: Thirty thousand (30,000) square feet.
2. With public sewer or water: Twenty Fourteen thousand (20,000 14,000) square feet.
3. With public sewer and water: Fifteen Eight thousand five hundred (15,000 8,500) square feet.
B. Minimum lot width:
1. With private sewer and water: One hundred twenty-five (125) feet.
2. With public sewer or water: One hundred twenty-five ten (125 110) feet.
3. With public sewer and water: Eighty Sixty (80 60) feet.
C. Minimum lot frontage:
1. With private sewer and water: One hundred (100) feet.
2. With public sewer or water: One hundred Ninety (100 90) feet.
APPENDIX B. ‐ ZONING.*
Article IV. Zoning Districts and Boundaries.
3. With public sewer and water: Sixty-four Fifty-five (64 55) feet.
4. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width. (7-7-
05.)
Sec. 4-7005. Bulk regulations. for lots recorded after July 1, 1997.
A. Maximum building height:
1. All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser.
B. Maximum density:
1. Conventional single-family subdivision: Three Five (3 5) dwelling units per acre.
2. Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net developable area.
C. Minimum setback requirements:
1. Front yard: Twenty-five (25) feet.
2. Side yard: Seven and One-half (7.5) feet.
3. Rear yard: Twenty (20) feet.
C. Minimum front yard setback:
1. Where rights-of-way is > fifty (50) feet, the minimum front yard setback is thirty-five (35) feet from
property line.
2. Where rights-of-way is < fifty (50) feet, the minimum front yard setback is sixty (60) feet from
centerline of road.
D. Minimum side yard setback:
1. One (1) side: Twelve (12) feet.
2. Both sides: Twenty-four (24) feet.
E. Minimum rear yard setback: ..... Twenty-five (25) feet. (7-7-05.)
Sec. 4-7006. Bulk regulations for lots recorded before July 1, 1997.
A. Maximum building height:
1. All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser.
B. Minimum front yard setback:
1. Where rights-of-way is > fifty (50) feet, the minimum front yard setback is thirty-five (35) feet from
property line.
2. Where rights-of-way is < fifty (50) feet, the minimum front yard setback is sixty (60) feet from
centerline of road.
C. Minimum side yard setback:
1. One (1) side: Ten (10) feet.
2. Both sides: Twenty-five (25) feet.
D. Minimum rear yard setback: ..... Twenty-five (25) feet. (7-7-05.)
APPENDIX B. ‐ ZONING.*
Article IV. Zoning Districts and Boundaries.
Sec. 4-70076. - Additional regulations.
A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000,
for restrictions adjacent to airports, and section 5-4000 for standards for net developable
requirements.
B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay
(HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport Development
Service Overlay (NDSO) District.
C. Refer to article VII for general design guidelines and development review procedures.
D. Refer to article VIII for landscaping and open space standards.
E. Refer to article IX for sign standards.
F. Refer to article X for vehicle parking facilities requirements.
G. Refer to article XI for outdoor lighting requirements and restrictions. (7-7-05.)
Urban Residential - Sec. 4-8002. Permitted uses.
The following uses are permitted by right subject to all other applicable requirements contained in this
ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in
section 5-5000, supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Forestry operation
• Forestry, silvicultural
B. Residential uses:
* Condominium
* Dwelling, multifamily conversion
Dwelling, single-family
* Dwelling, two-family
* Family day care home
Group home
* Home occupation, Type I
* Multifamily dwelling
* Temporary emergency housing
* Townhouse
C. Civic uses:
* Utility service/minor
D. Commercial uses:
APPENDIX B. ‐ ZONING.*
Article IV. Zoning Districts and Boundaries.
* Construction office, temporary
Real estate office, temporary
E. Miscellaneous uses:
* Amateur radio tower
(7-7-05.)
Sec. 4-8003. Conditional uses.
The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk
(*) indicates additional, modified or more stringent standards which are listed in section 5-5000,
supplementary use regulations, for those specific uses.
A. Agricultural uses:
Greenhouse, private
B. Residential uses:
* Accessory apartment
• Residential accessory apartment
* Community recreation
C. Civic uses:
* Cemetery
• Church
Club
Cultural service
* Educational facility, primary/secondary
Halfway house
Life care facility
* Nursing home
Post office
* Public park and recreational area
Public safety service
* Religious assembly
* Utility service/major
D. Commercial uses:
* Bed and breakfast
APPENDIX B. ‐ ZONING.*
Article IV. Zoning Districts and Boundaries.
Boarding house
* Commercial indoor sports and recreation
* Commercial outdoor swimming pool and tennis facility
* Golf course
* Marina
* Restaurant, drive-in fast food
Restaurant, general
Retail sales
Studio, fine arts
E. Miscellaneous uses:
* Reconstructed wetland
(7-7-05; Ord. No. 2013-2-C, 4-18-13.)
Sec. 4-8004. Lot size requirements.
A. Minimum lot area:
1. With private sewer and water: Thirty thousand (30,000) square feet.
2. With public sewer or water: Twenty thousand (20,000) square feet.
3. With public sewer and water: Twelve Four thousand (12,000 4,000) square feet.
B. Minimum lot width:
1. With private sewer and water: One hundred twenty-five (125) feet.
2. With public sewer or water: One hundred twenty-five (125) feet.
3. With public sewer and water: Eighty Fifty-five (80 55) feet.
C. Minimum lot frontage:
1. With private sewer and water: One hundred (100) feet.
2. With public sewer or water: One hundred (100) feet.
3. With public sewer and water: Fifty-six Forty (56 40) feet.
2. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width of district.
(7-7-05.)
Sec. 4-8005. Bulk regulations for lots recorded after July 1, 1997.
A. Maximum building height:
1. All buildings: Thirty-five Forty-five (35 45) feet or three four (3 4) stories, whichever is lesser.
B. Maximum density:
APPENDIX B. ‐ ZONING.*
Article IV. Zoning Districts and Boundaries.
1. All development options, single-family, townhouse, or multi-family Conventional single-family
subdivision: Three Ten (3 10) dwelling units per acre.
2. Townhouse developments: Ten (10) dwelling units per acre.
3. Multifamily residences and condominiums: Fourteen (14) dwelling units per acre.
2. The density requirements for an attached townhouse or a multifamily dwelling development shall
comply with the provisions in the supplementary use regulations in section 5-5002
4. Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net developable area.
C. Minimum front yard setback:
1. Where rights-of-way is > fifty (50) feet, the minimum front yard setback is thirty (30) feet from
property line.
2. Where rights-of-way is < fifty (50) feet, the minimum front yard setback is fifty-five (55) feet from
centerline of road.
D. Minimum side yard setback:
1. One (1) side: Eight (8) feet.
2. Both sides: Sixteen (16) feet.
E. Minimum rear yard setback: ..... Twenty (20) feet.
C. Minimum setback requirements:
1. Front yard: Twenty (20) feet.
2. Side yard: Five (5) feet.
3. Rear yard: Twenty (20) feet.
D. Maximum lot coverage: ..... Thirty Sixty percent (30% 60%). (7-7-05.)
Sec. 4-8006. Bulk regulations for lots recorded before July 1, 1997.
A. Maximum building height:
1. All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser.
B. Minimum front yard setback:
1. Where rights-of-way is > fifty (50) feet, the minimum front yard setback is thirty-five (35) feet from
property line.
2. Where rights-of-way is < fifty (50) feet, the minimum front yard setback is sixty (60) feet from
centerline of road.
C. Minimum side yard setback:
1. One (1) side: Ten (10) feet.
2. Both sides: Twenty (20) feet.
D. Minimum rear yard setback: ..... Twenty-five (25) feet. (7-7-05.)
Sec. 4-80076. - Additional regulations.
APPENDIX B. ‐ ZONING.*
Article IV. Zoning Districts and Boundaries.
A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-
3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable
requirements.
B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor
Overlay (HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport
Development Service Overlay (NDSO) District.
C. Refer to article VII for general design guidelines and development review procedures.
D. Refer to article VIII for landscaping and open space standards.
E. Refer to article IX for sign standards.
F. Refer to article X for vehicle parking facilities requirements.
G. Refer to article XI for outdoor lighting requirements and restrictions. (7-7-05.)
Planned Development – Residential - Sec. 4-15002. Permitted uses.
The following uses are permitted by right subject to all other applicable requirements contained in this
ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in
section 5-5000, supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Forestry operation
• Forestry, silvicultural
B. Residential uses:
* Accessory apartment
• Residential accessory apartment
• Commercial accessory apartment
* Community recreation
* Condominium
Dwelling, single-family
Dwelling, two-family
* Family day care home
Group home
* Home occupation, Type I
* Multifamily dwelling
* Temporary emergency housing
* Townhouse
C. Civic uses:
* Community center
APPENDIX B. ‐ ZONING.*
Article IV. Zoning Districts and Boundaries.
Cultural service
* Educational facility, primary/secondary
* Public park and recreational area
Public safety service
* Utility service/minor
D. Office uses:
Financial institution
General office
D.E. Commercial uses:
Business support service
* Construction office, temporary
Personal improvement service
Personal service
Real estate office, temporary
Restaurant, general
Studio, fine arts
Veterinary hospital/clinic
E.F. Miscellaneous uses:
* Amateur radio tower
(7-7-05.)
Sec. 4-15003. Conditional uses.
The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk
(*) indicates additional, modified or more stringent standards which are listed in section 5-5000,
supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Forestry operation
• Timbering
Greenhouse, private
* Stable, commercial
• In conjunction with residence
* Stable, private
APPENDIX B. ‐ ZONING.*
Article IV. Zoning Districts and Boundaries.
B. Residential uses:
* Accessory apartment
* Residential accessory apartment
* Dwelling, multifamily conversion
* Dwelling, two-family
C. Civic uses:
* Adult care center
Assisted living facility
* Cemetery
• Church
* Child care center
Club
Educational facility, college/university
Halfway house
Life care facility
* Nursing home
Park and ride facility
* Public park and recreation area
Public safety service
* Religious assembly
* Utility service/major
D. Office uses:
Medical office
E. Commercial uses:
* Bed and breakfast
Boarding house
Commercial indoor amusement
Commercial indoor entertainment
* Commercial indoor sports and recreation
* Commercial outdoor entertainment/sports and recreation
APPENDIX B. ‐ ZONING.*
Article IV. Zoning Districts and Boundaries.
* Commercial outdoor swimming pool and tennis facility
Convenience store
* Golf course
* Marina
Medical clinic
Retail sales
E.F. Miscellaneous uses:
* Reconstructed wetland
(7-7-05.)
Sec. 4-15004. Lot size requirements.
A. Minimum tract size. ..... Minimum area required for creation of a PD-R District shall be twenty (20)
acres. Incremental additions to such districts shall be immediately adjacent to the existing PD-R District
and must be appropriately sized for proposed improvements on such addition to meet all required lot
size and bufferyard requirements, bulk regulations, and additional site plan requirements as specified
in the zoning ordinance.
The minimum required area may be in a parcel in single ownership or in combination with contiguous
parcels. If an application is to be made for rezoning to planned development residential in contiguous
parcels, the applicant must provide legal agreements showing marketable title to the subject properties
and the source of the applicant's title and interest in the subject properties.
B. Minimum lot area, width, frontage and bulk regulations. ..... There shall be no minimum lot area, width,
frontage and setback requirements for any lot within a planned development residential district other
than as specified in an approved master development plan.
A. Minimum tract size: ..... The minimum area required for creation of PD-R District is twenty (20) acres.
The minimum required area may be in a parcel in single ownership or in combination with contiguous
parcels. If an application is to be made for rezoning to a planned development residential in contiguous
parcels, the applicant must provide legal agreements showing marketable title to the subject properties and
the source of the applicant's title and interest in the subject properties.
B. Minimum lot area:
1. Single-family detached home: Eight thousand (8,000) square feet.
2. Zero lot line: Six thousand (6,000 ) square feet.
C. Minimum lot width:
1. Single-family detached home: Sixty (60) feet.
2. Zero lot line: Fifty (50) feet.
D. Minimum frontage requirements:
1. Single-family detached: Forty-eight (48) feet.
2. Zero lot line: Forty (40) feet.
APPENDIX B. ‐ ZONING.*
Article IV. Zoning Districts and Boundaries.
E. [Lot size compliance.] ..... The lot size requirements for an attached townhouse or for a multifamily
dwelling developments shall comply with the provisions in the supplementary use regulations in section
5-5002. (7-7-05.)
Sec. 4-15006. Bulk regulations.
A. Maximum building height:
1. All buildings: Thirty-five Fifty (35 50) feet. or three (3) stories, whichever is lesser.
B. Maximum density:
1. Conventional sSingle-family subdivision: Three and one-half Ten (3.5 10) dwelling units per acre.
2. Floor area ratio for nonresidential: One-fourth (0.25) square foot per foot of net developable area.
3. The density requirements for an attached townhouse or a multifamily dwelling development shall
comply with the provisions in the supplementary use regulations in section 5-5002
C. Minimum setback requirements:
1. Minimum front yard setback:
a. Single-family detached: Twenty-five (25 20) feet.
b. Zero lot line: Twenty-five (25 20) feet.
2. Minimum side yard setback:
a. Single-family detached: Eight (8) feet.
b. Zero lot line: Zero (0) to ten eight (10 8) feet.
3. Minimum rear yard setback:
a. Single-family detached: Twenty (20) feet.
b. Zero lot line: Twenty (20) feet.
4. [Bulk regulations.] ..... The bulk regulations for an attached townhouse or a multifamily dwelling
development shall comply with the provisions in the supplementary use regulations in section 5-
5002.
D. Maximum lot coverage:
1. Single-family detached: Forty Sixty percent (40% 60%).
2. Zero lot line: Fifty Sixty percent (50% 60%).
3. The maximum coverage requirements for an attached townhouse or a multifamily dwelling
development shall comply with the provisions in the supplementary use regulations in section 5-
5002
E. Landscaping.
1. The minimum landscaping requirements for an attached townhouse or a multifamily dwelling
development shall comply with the provisions in the supplementary use regulations in section 5-
5002 and the requirements of article VIII. (7-7-05.)
C. Maximum coverage: The open space ratio shall be established as part of the master development plan
approval and shall supersede requirements for specific uses.
APPENDIX B. ‐ ZONING.*
Article IV. Zoning Districts and Boundaries.
Planned Development – Mixed-Use - Sec. 4-18002. Permitted uses.
The following uses are permitted by right subject to all other applicable requirements contained in this
ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in
section 5-5000, supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Forestry operation
• Forestry, silvicultural
B. Residential uses:
* Accessory apartment
• Residential accessory apartment
• Commercial accessory apartment
* Community recreation
* Condominium
Dwelling, single-family
Dwelling, two-family
* Family day care home
* Home occupation, Type I
* Multifamily dwelling
* Temporary emergency housing
* Townhouse
C. Civic uses:
* Cemetery
• Private
* Community center
Cultural service
* Educational facility, primary/secondary
* Public park and recreational area
Public safety service
* Utility service/minor
D. Office uses:
Financial institution
APPENDIX B. ‐ ZONING.*
Article IV. Zoning Districts and Boundaries.
General office
E. Commercial uses:
* Antique shop
* Bed and breakfast
Business support service
* Construction office, temporary
* Golf course
* Motor vehicle parts/supply, retail
Personal improvement service
Personal service
Real estate office, temporary
* Restaurant, drive-in fast food
Restaurant, general
Retail sales
Studio, fine arts
Veterinary hospital/clinic
F. Miscellaneous uses:
* Amateur radio tower
(7-7-05; Ord. No. 2011-13-C, 8-4-11; Ord. No. 2013-2-C, 4-18-13.)
Sec. 4-18003. Conditional uses.
The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk
(*) indicates additional, modified or more stringent standards which are listed in section 5-5000,
supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Agriculture
• Assembly and repair of farm equipment
Farmer's market
* Forestry operation
• Timbering
Greenhouse, private
APPENDIX B. ‐ ZONING.*
Article IV. Zoning Districts and Boundaries.
* Stable, commercial
• In conjunction with residence
• Not in conjunction with residence
* Stable, private
B. Residential uses:
* Accessory apartment
• Residential accessory apartment
* Dwelling, multifamily conversion
* Dwelling, two-family
Group home
C. Civic uses:
* Adult care center
Assisted living facility
* Cemetery
• Church
• Public
* Child care center
Club
Educational facility, college/university
Halfway house
Life care facility
* Nursing home
Park and ride facility
Post office
Public assembly
* Religious assembly
* Utility service/major
D. Office uses:
Medical office
E. Commercial uses:
APPENDIX B. ‐ ZONING.*
Article IV. Zoning Districts and Boundaries.
Agricultural service
• Farm supplies, equipment sales and service
• Commercial assembly and repair of all equipment normally used in agricultural, silvicultural, and
horticultural operation
Boarding house
Business or trade school
Commercial indoor amusement
Commercial indoor entertainment
* Commercial indoor sports and recreation
* Commercial outdoor entertainment/sports and recreation
* Commercial outdoor swimming pool and tennis facility
* Convenience store
* Funeral home
* Garden center
* Gasoline station
* Golf driving range
Hospital
Hospital, special care
Hotel/motel/motor lodge/inn
* Kennel, commercial
* Marina
Medical clinic
* Mini-warehouse
Motor vehicle/outdoor storage
* Motor vehicle repair service/minor
F. Industrial uses:
* Construction yard
Custom manufacturing
G. Miscellaneous uses:
* Aviation facility, general
APPENDIX B. ‐ ZONING.*
Article IV. Zoning Districts and Boundaries.
* Aviation facility, private
* Communication tower
Parking facility, surface/structure
* Reconstructed wetland
(7-7-05; Ord. No. 2011-13-C, 8-4-11; Ord. No. 2013-2-C, 4-18-13.)
Sec. 4-18006. Bulk regulations.
A. Maximum building height:
1. All buildings: Fifty (50) feet.
B. Density requirements (for non-UDA areas): ..... Maximum Nnumber of dwelling units per acre:
1. Conventional single-family subdivision: Three and one-half Ten (3.5 10).
2. Townhouse developments: Ten (10).
3. Multifamily residences and condominiums: Fourteen (14).
2. The density requirements for an attached townhouse or a multifamily dwelling development shall
comply with the provisions in the supplementary use regulations in section 5-5002
43. Floor area ratio for nonresidential: Thirty-five hundredths Three-fourths (0.35 0.75) square foot
per foot of net developable area.
C. Density requirements for UDA areas: ..... Minimum number of dwelling units per acre:
1. Conventional single-family subdivision: Four (4).
2. Townhouse developments: Six (6).
3. Multifamily residences and condominiums: Twelve (12).
4. Floor area ratio for nonresidential: Four-tenths (0.4) square foot per foot of net developable area.
D. Maximum coverage: ..... The open space ratio shall be established as part of the master development
plan approval and shall supersede requirements for specific uses. (7-7-05; Ord. No. 2011-13-C, 8-4-
11.)
Sec. 4-18007. Commercial and industrial uses.
A. No more than forty fifty percent (40% 50%) of the total land, which may be zoned planned development
mixed use district shall be devoted to office, commercial and/or industrial uses. (7-7-05; Ord. No. 2011-
13-C, 8-4-11.)
APPENDIX B. ‐ ZONING.*
Article V. Supplementary Use Regulations.
Sec. 5-5002. Supplementary use regulations for residential use types.
A. Accessory apartment. ..... It is the specific purpose and intent to allow accessory apartments through
conversion of existing larger residential structures and in the construction of new structures. Such uses
are to provide the opportunity and encouragement to meet the special housing needs of single persons
and couples of low- and moderate-income, both young and old, as well as relatives of families residing
in the county.
It is furthermore the intent and purpose of accessory apartments to allow the more efficient use of the
county's existing housing stock, in a manner consistent with the land use objectives identified in the
comprehensive plan and to provide alternative housing opportunities while protecting and preserving
property values and community character. To help achieve these goals and purposes, the following
standards are set forth as conditions for such accessory uses:
1. Residential accessory apartment. ..... Where allowed as a permitted or a conditional use in the
underlying zoning district, the following shall apply:
a. A conditional use permit shall be required for an accessory apartment on any lot which does
not have one hundred and fifty percent (150%) of the minimum lot size requirement for the
zoning district in which the use is located, except that this requirement will not apply in the
RAC and RR zoning districts.
b. Location.
i. An accessory apartment may be located either in a primary dwelling unit. or in an
accessory structure on the same lot or parcel as the primary dwelling.
ii. An accessory apartment may only be located in an accessory structure when the lot in
question has one hundred and fifty percent (150%) or greater of the minimum lot size
requirement for the zoning district in which the use is located.
ii. The owner of the residential dwelling unit shall occupy at least one (1) of the dwelling
units on the premises.
b. Minimum lot size. ..... The minimum lot size required for an accessory apartment is one
hundred fifty (150) percent of the minimum lot size required for the zoning district in which
the use is located.
c. Setback requirements. ..... An accessory apartment shall meet the setback requirements of
the underlying zoning district for the primary dwelling.
dc. Apartment size.
i. Minimum floor area: Three Four hundred (300 400) square feet.
ii. Maximum floor area: The maximum floor area of an accessory apartment in a primary
dwelling shall not exceed one thousand (1,000) square feet or thirty-five (30 35) percent
of the living area of the primary dwelling, excluding garages, breezeways, etc.,
whichever is less. The maximum floor area of an accessory apartment in an accessory
building shall not exceed fifty (50) percent of the floor area of the accessory building.
ed. Maximum number of bedrooms. ..... No more than two (2) bedrooms are permitted in an
accessory apartment.
fe. Maximum number of accessory apartments. ..... No more than one (1) accessory apartment
is permitted per parcel.
gf. 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
APPENDIX B. ‐ ZONING.*
Article V. Supplementary Use Regulations.
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.
hg. 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.
ih. 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. Setback requirements. ..... A commercial accessory apartment shall meet the setback
requirements of the underlying zoning district for a primary commercial use.
dc. Maximum floor area.
i. The maximum floor area of an accessory apartment located above a commercial unit
shall not exceed fifty (50) percent of the entire unit.
ii. The maximum floor area of an accessory apartment located to the rear of a commercial
unit shall not exceed thirty-five (35) percent of the entire unit.
ed. Maximum number of bedrooms. ..... No more than two (2) bedrooms are permitted in an
accessory apartment.
fe. Maximum number of accessory apartments. ..... No more than one (1) accessory apartment
is permitted per commercial use.
gf. Exterior appearance.
i. The entry to the apartment shall be located on the side or rear of the commercial unit,
and the building design shall maintain its commercial character and appearance.
ii. No accessory apartment shall be attached to a commercial unit by open walkways,
breezeways, patios, decks, etc.
hg. 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.
ih. Parking. ..... Parking for the apartment must be located to the rear or side of the commercial
unit. Each apartment must be provided two one and one-half (2 1.5) parking spaces in
addition to what is required for the commercial use.
B. Boathouse.
1. A boathouse, where permitted in this ordinance, shall be permitted as an accessory use on
property where a legally established single-family dwelling exists.
2. A conditional use permit shall be required for a boathouse where there is no existing residence.
C. Community recreation.
APPENDIX B. ‐ ZONING.*
Article V. Supplementary Use Regulations.
1. Except in the case of a planned development, community recreational facilities shall be developed
solely for the noncommercial use of the residents and guests of the residential development.
2. A conditional use permit shall be required for the commercial or noncommercial use of a
community recreational facility by the general public. The board of supervisors, following a
recommendation by the planning commission, may vary area and setback requirements for
existing facilities, provided that alternative methods of protecting adjoining properties are required
as conditions of the conditional use permit.
3. Community recreational facilities may be owned and operated by a homeowner's association or
a private or public entity.
4. All outdoor recreational playfields, grounds and facilities and associated fences or enclosures
shall conform to the required front and corner side yard building setbacks of the underlying zoning
district.
5. Recreational structures for indoor recreation shall meet the required setbacks of the underlying
zoning district for a primary use.
6. Pedestrian access to community recreational areas shall be provided throughout the entire
development.
7. Entrances for vehicular access must be provided in accordance with requirements of the Virginia
Department of Transportation, and shall be located at least fifteen (15) feet from any recreational
use on the lot and from exterior lot lines.
8. Vehicular parking shall be in accordance with the requirements of this ordinance and shall not be
designed as to require or encourage cars to back into a street.
a. A reduction of up to twenty-five (25) percent may be granted administratively if the
development contains bike paths and a bike parking area. This reduction does not apply to
the requirements for employee vehicular parking, or to any community recreational facility
open to the general public.
9. A landscaped buffer shall be provided for all community recreational uses in accordance with the
requirements for civic use types in article VIII.
a. Tot lots developed separately from other recreational areas may be exempt from
landscaping requirements.
10. Lighting shall be installed in accordance with article XI and shall be arranged to shine inward so
that it does not reflect onto adjacent properties or impair the safe movement of traffic.
D. Condominium.
1. Condominium developments shall be regulated by use in accordance with the underlying zoning
district.
2. A condominium development may be developed in accordance with the townhouse or multifamily
standards as found in the supplementary use regulations, except that a townhouse condominium
development shall not be permitted to deed any portion of the land with the townhouse unit.
3. Any subdivision of land within a condominium development shall comply with the Isle of Wight
County Subdivision Ordinance and other county regulations as may by applicable.
E. Dwelling, multifamily conversion. ..... Where allowed in the underlying zoning district, a single-family
residence in existence as of July 1, 1997, may be converted to a multifamily dwelling containing not
more than four (4) dwelling units in accordance with the following:
1. Minimum area and setback requirements.
a. Conversions into two (2) dwelling units shall require at least one hundred fifty (150) percent
of the minimum lot size in the district in which it is located.
APPENDIX B. ‐ ZONING.*
Article V. Supplementary Use Regulations.
b. Conversions into three (3) dwelling units shall require at least two hundred (200) percent of
the minimum lot size in the district in which it is located.
c. Conversions into four (4) dwelling units shall require at least two hundred fifty (250) percent
of the minimum lot size in the district in which it is located.
d. The original single-family residence shall meet the minimum setback requirements of the
underlying zoning district.
2. Minimum floor area. ..... The original single-family residence shall contain at least two thousand
(2,000) square feet of floor area.
3. Water and sewer service. ..... Approval of the water supply and sewage disposal shall be obtained
from the Isle of Wight County Department of Health or the Isle of Wight County Department of
Public Utilities.
F. Dwelling, two-family duplex.
1. Minimum lot size. ..... A two-family duplex dwelling unit shall be allowed only on lots having at
least one hundred fifty (150) percent of the minimum lot size in the district in which it is located.
21. 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.
32. Water and sewer service. ..... Approval of the water supply and sewage disposal shall be obtained
from the Isle of Wight County Department of Health or the Isle of Wight County Department of
Public Utilities.
G. Family day care home (serving six (6) to twelve (12) children). ..... The following must be satisfied prior
to the issuance of a zoning permit for a family day care home serving six (6) through twelve (12)
children:
1. The zoning administrator shall send written notification by certified letter to the last known address
of each adjacent property owner advising of the proposed family day care home.
2. If no written objection from any property owner so notified is received within thirty (30) days of the
date of sending the notification letter and the zoning administrator determines that the family day
care home otherwise complies with the zoning ordinance, the zoning administrator may issue a
zoning permit for the family day care home.
3. If written objection from any property owner so notified is received within thirty (30) days of
sending the notification letter, then the zoning administrator may not issue a zoning permit unless
and until such time as a conditional use permit for the family day care home is approved by the
board of supervisors with a recommendation by the planning commission.
H. Guest house.
1. Location. ..... A guest house shall be located in an accessory structure in the rear yard of the
primary structure.
a. The owner of the lot or parcel must occupy the primary dwelling.
b. A guest house shall not be permitted as an accessory structure prior to the construction and
occupancy of the primary dwelling.
2. Occupancy.
a. No such quarters shall be occupied by the same guest or guests for more than three (3)
consecutive months in any twelve-month period.
b. No such quarters shall be rented, leased, or otherwise made available for compensation of
any kind.
APPENDIX B. ‐ ZONING.*
Article V. Supplementary Use Regulations.
3. Minimum lot size. ..... The minimum lot size for a primary dwelling with a guest house shall be
one hundred fifty (150) percent of the minimum lot size required for the zoning district in which
the use is located.
4. Setback requirements. ..... A guest house shall meet the required setbacks of the underlying
zoning district for the primary dwelling.
5. Maximum floor area. ..... The maximum floor area of a guest house shall not exceed thirty (30)
percent of the floor area of the primary dwelling, excluding garages, breezeways, patios, decks,
etc.
6. Maximum number of bedrooms. ..... No more than two (2) bedrooms are permitted in a guest
house.
7. Maximum number of guest houses. ..... There shall be no more than one (1) guest house
permitted per residential lot or parcel.
8. Exterior appearance. ..... The design of a guest house shall maintain and enhance the character
and exterior appearance of the primary dwelling.
9. Water and sewer service. ..... Approval of the water supply and sewage disposal shall be obtained
from the Isle of Wight County Health Department or the Isle of Wight County Department of Public
Utilities.
I. Home occupation, Type I and Type II.
1. Intent. ..... These provisions are adopted in recognition that certain small-scaled commercial
activities may be appropriate in conjunction with residential uses. The character and scale of such
commercial activities must be subordinate and incidental to the principal use of the premises for
dwelling purposes, and must be consistent with the predominant residential character of the
property and/or surrounding neighborhood. In addition, these provisions are intended to limit the
size of such home occupations to not create an unfair competitive advantage over businesses
located in commercially zoned areas.
2. Types of home occupations. ..... Recognizing the divergent needs of the developing areas of the
county from the rural areas of the county, two (2) levels or types of home occupations have been
established. Type I home occupations afford the greatest degree of protection to surrounding
residents in those areas that are developing and becoming more suburban in nature. In contrast,
Type II home occupations have been established to recognize the greater spaces between
residents as well as the types of activities that are similar to those associated with the more
traditional agricultural and forestry related activities found in the rural areas.
3. Uses for home occupation: Type I. ..... Type I home occupations are allowed in the following
zoning districts: VC, NC, SE, SR, UR, PD-R, PD-MH, and PD-MX.
The following is a representative listing of uses which may be conducted as Type I home
occupations within the limits established in this section, however, uses not listed below require a
specific letter of confirmation from the zoning administrator:
• Art, handicraft, music, writing, photography, or similar studios
• Computer and home typing services
• Direct sales product distribution as long as products are directly delivered to the customer
• Dressmaker, seamstress, tailor
• Babysitting (up to five (5) children)
• Hair cutting and styling
APPENDIX B. ‐ ZONING.*
Article V. Supplementary Use Regulations.
• 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
• Heating, plumbing, or air conditioning services
• Landscape and horticultural services
• Limousine service
• Machine shop/metal working provided all is completed in a completely enclosed building
• Massage, physical therapy
• Motor vehicle display for purposes of sale of up to four (4) vehicles per year (no more than
one (1) vehicle may be displayed at any time)
• Repair of small appliances, small engines and limited machining of small parts, office
machines, cameras, and similar small items
• Repair or servicing of small internal combustion engines used in lawn mowers, edgers,
hedge trimmers, power saws and similar yard maintenance equipment inside enclosed
structure
APPENDIX B. ‐ ZONING.*
Article V. Supplementary Use Regulations.
• 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 fire arms, gunsmiths
• 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 standards for all home occupations.
a. The maximum floor area devoted to home occupations shall not exceed twenty-five (25)
percent of the finished floor area of the dwelling unit.
b. More than one (1) home occupation may be permitted provided the total floor area used for
all home occupations is not exceeded.
APPENDIX B. ‐ ZONING.*
Article V. Supplementary Use Regulations.
c. No dwelling or structure shall be altered, occupied, or used in a manner, which would cause
the premises to differ from a character consistent with a residential use. The use of colors,
materials, construction, lighting, or other means inconsistent with a residential use shall be
prohibited.
d. There shall be no outside storage of goods, products, equipment, excluding motor vehicles,
or other materials associated with the home occupation. No toxic, explosive, flammable,
radioactive, or other hazardous materials used in conjunction with the home occupation shall
be used, sold, or stored on the site.
e. The type and volume of traffic generated by a home occupation shall be consistent with the
traffic generation characteristics of other dwellings in the area.
f. Off street parking shall be provided as appropriate for the specific nature of the home
occupation.
g. The home occupation shall not involve the commercial delivery of materials or products to
or from the premises. This excludes delivery by the United States Postal Service, Federal
Express (FEDEX), United Parcel Service (UPS) or similar delivery services customarily
found in residential areas.
h. The home occupation shall not increase demand on water, sewer, or garbage collection
services to the extent that the combined demand for the dwelling and home occupation is
significantly more than is normal to the use of the property for residential purposes.
i. No equipment or process shall be used in a home occupation which creates noise in excess
of sixty (60) dB(A) measured at the property line, or vibration, glare, noxious fumes, or
electrical interference detectable to the normal senses off the premises or through common
walls. 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.
l. All state, federal and local licenses and/or permits shall be obtained prior to operation.
7. Specific standards for Type I home occupations.
a. Home occupations shall be confined to the primary dwelling. To conduct a home occupation
in an accessory building, a conditional use permit must be obtained from the board of
supervisors pursuant to section 1-1017
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.
8. Specific standards for Type II home occupations.
APPENDIX B. ‐ ZONING.*
Article V. Supplementary Use Regulations.
a. Storage of goods or products shall not exceed ten (10) percent of the finished floor area
devoted to the home occupation.
b. One (1) person who is not a permanent resident of the dwelling may be engaged or employed
in the home occupation.
c. An accessory building or structure may be used with the home occupation, provided that the
total floor area devoted to the home occupation in the accessory structure and dwelling unit
does not exceed thirty (30) percent of the finished floor area of the dwelling unit.
J. Kennel, private. ..... A private kennel shall be located fifty (50) feet from any property zoned other than
RAC or RR.
K. Manufactured home, Class A. ..... A manufactured home, Class A may be permanently located on a
lot or parcel as permitted by the underlying district, except in planned development manufactured
home parks.
For the purposes of this section, the following shall apply:
1. The manufactured home is the only residential structure located on the lot or parcel;
2. The manufactured home has a width of nineteen (19) or more feet;
3. The pitch of the home's roof has a minimum vertical rise of one (1) foot for each five (5) feet of
horizontal run, and the roof is finished with a type of shingle that is commonly used in standard
residential construction;
4. The exterior siding consists of materials comparable in composition, appearance, and usability to
the exterior siding commonly used in standard residential construction;
5. The manufactured home is constructed on a permanent footing that meets the requirements of
the building code. The foundation wall shall be a continuous, masonry foundation, unpierced
except for required ventilation and access and shall be installed prior to occupancy; and
6. The tongue, axles, transporting lights, and towing apparatus are removed after placement on the
lot and before occupancy.
L. Manufactured home, Class B.
1. A manufactured home, Class B may be permanently located on a lot or parcel as permitted by
the underlying zoning district, except in planned development manufactured home parks.
2. For the purposes of this section, the following shall apply:
a. The manufactured home is the only residential structure located on the lot or parcel.
b. The manufactured home is constructed on a permanent footing that meets the requirements
of the building code. Skirting may be permitted around the perimeter of the foundation.
c. The tongue, axles, transporting lights, and towing apparatus are removed after placement
on the lot and before occupancy.
M. Manufactured home, family member residence. ..... A manufactured home, Class B, located on the
same lot or parcel as a primary dwelling may be 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.
APPENDIX B. ‐ ZONING.*
Article V. Supplementary Use Regulations.
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 (150) percent of the minimum square footage required by the underlying zoning
district.
3. Where public sewer is not available, the Isle of Wight County Health Department shall approve
sewage disposal for all family member manufactured homes.
4. Only one (1) family member manufactured home is allowed per parcel.
5. No family member manufactured home shall be allowed on a lot with another manufactured home,
Class B.
6. A zoning permit shall not be issued for a family member manufactured homes until the following
procedure has been completed:
a. The zoning administrator is to send written notification by certified letter to the last known
address of each adjacent property owner advising them of the proposed family member
manufactured home and informing them that the permit may be issued if written comments
are not received within thirty (30) days. The property shall also be posted with a sign pursuant
to section 9-1006 for no less than fourteen (14) days prior to the expiration of the thirty-day
period.
b. If the zoning administrator receives no written objection from any property owner so notified
within thirty (30) days of the date of sending the notification letter, and the zoning
administrator determines that the proposed manufactured home otherwise complies with the
zoning ordinance, and the requirements for sewage disposal, the zoning administrator may
issue a zoning permit for the family member manufactured home.
c. If the zoning administrator receives written objection from any property owner so notified
within thirty (30) days of the date of sending the notification letter, then the zoning
administrator may not issue a zoning permit unless and until such time as a conditional use
permit for the proposed manufactured home for a family member is approved by the board
of supervisors with a recommendation by the planning commission.
N. Manufactured home, temporary residence. ..... A manufactured home, Class B may be allowed as a
temporary residence during the construction, repair, or renovation of a permanent residential structure
on a single lot or parcel subject to the following:
1. All permits for temporary residences, while repairing a permanent residence shall expire within
one (1) year after the date of issuance. No extension shall be considered unless substantial
construction has been initiated on the permanent residence. One (1) extension not exceeding
ninety (90) days may be granted by the zoning administrator if it is determined that such additional
time is required to reasonably complete the construction, repair or renovation of the permanent
residence.
2. All permits issued for temporary residence while constructing a new replacement residence shall
expire within two (2) years after the date of issuance. No extension shall be considered unless
substantial construction has been initiated on the replacement residence. One (1) extension not
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.
APPENDIX B. ‐ ZONING.*
Article V. Supplementary Use Regulations.
4. Only one (1) temporary manufactured home is allowed per parcel.
O. Multifamily dwelling.
1. Districts permitted. ..... Multifamily apartments are permitted as indicated in the zoning district
regulations. The following standards for such apartment uses are intended to supplement, and in
some cases, supersede those outlined in the schedule of zone regulations district regulations.
2. Multifamily dwellings located on less than three (3) contiguous acres shall obtain a conditional
use permit.
23. Density controls for multifamily apartment development.
a. Lot area and dimensions.
i. Minimum lot area: ..... Fifteen thousand (15,000) square feet. (Note: Multifamily
dwellings located on less than three (3) contiguous acres shall obtain a conditional use
permit.)
iii. Minimum frontage: ..... One hundred (100) feet in continuous frontage.
iiiii. Minimum lot depth: ..... One hundred (100) feet.
iviii. Minimum setbacks:
Front: Thirty (30) feet.
Side: Fifteen (15) feet.
Rear: Twenty (20) feet.
34. Buffers and special setback requirements.
a. All structures, including accessory structures, shall be located a minimum of seventy (70)
feet from the right-of-way of an existing street which abuts or borders the development. An
additional twenty-foot setback from existing arterial streets shall be required for any structure
which exceeds two (2) stories. 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 this setback area.
b. Building setbacks for lots adjacent to single-family residential districts or property used for
single-family dwellings shall be at least fifty (50) feet. No active recreational areas, parking,
or refuse containers should be located within this setback area.
c. Whenever the principal entrance to a multifamily structure, or the entrance to the individual
dwelling units therein, faces on and opens directly onto the side or rear yard portion of a
building, the yard width shall not be less than the front yard requirement. No parking shall be
permitted within the side or rear yard space required under this provision.
d. The rear yard setback may be reduced to twenty (20) feet from service drives, driveway
aisles, parking areas, and alleys.
eb. The minimum distance between multifamily structures shall be fifty (50) feet no less than the
height of the taller of the two (2) adjacent structures.
45. Maximum Base density: ..... Fourteen (14) dwelling units per acre.
a. A density bonus of one and one-half (1.5) units per acre will be granted for each of the
following:
For every ten percent (10%) of the units committed to the provision of affordable
and workforce housing.
APPENDIX B. ‐ ZONING.*
Article V. Supplementary Use Regulations.
Dedication to the County a public use site, the developable portion of which is
suitable for a public facility.
Environmental protections which exceed the requirements of County Ordinances
or restore degraded habitats.
Enhanced stormwater management through better site design/low impact
development techniques/implementation of projects which provide stormwater
management beyond the scope of the project, as approved by the Zoning
Administrator.
b. A density bonus of one-half (0.5) units per will be granted for each of the following:
Swimming pool
Clubhouse
Lighted recreational facility (tennis, basketball, etc.)
Dock, pier, boat ramp
Other recreational amenities can be considered by the Zoning Administrator
56. Building Lot coverage: ..... The maximum lot coverage for principal and accessory buildings shall
be forty sixty (40 60) percent of the total tract area.
67. Open space:
a. A minimum of forty-five (45) percent of the total site area 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. It is further provided that twenty-five (25) percent of the above-referenced open space be
suitable for usable recreational space.
cb. Each such recreational space shall be at least fifty (50) feet in the least dimension with a
minimum area of five thousand (5,000) square feet.
78. [Multifamily apartments:] ..... Multifamily apartments shall be provided with central public water
and public sewerage systems constructed in accordance with county standards and
specifications for such systems and be approved by all appropriate agencies.
89. [Private streets:] ..... Private streets shall meet the design, material and construction standards
established by the Virginia Department of Transportation. A maintenance plan shall be prepared
and submitted as part of the site development plan approval process.
9. [Parking standards.] ..... Parking standards and aisle widths shall be accordance with article X of
this ordinance.
10. Landscaping: ..... For the purpose of landscaping, multifamily dwellings shall be treated as a
commercial use type and required to submit a landscaping plan meeting all of the guidelines and
specifications of article VIII pertaining to such use types.
11. [Lighting:] ..... Lighting shall be installed in accordance with article XI (outdoor lighting
requirements and restrictions) and shall be arranged to shine inward so that it does not reflect
onto adjacent properties or impair the safe movement of traffic.
12. Site plan approval: ..... Site plans shall be required for all multifamily developments in accordance
with the provisions of this ordinance.
1311. 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.
APPENDIX B. ‐ ZONING.*
Article V. Supplementary Use Regulations.
c. The management structure shall be established prior to the sale of any property.
d. Membership in the management structure shall be mandatory for all residential property
owners, present or future, within the development.
e. The management structure shall manage all common and open spaces, recreational and
cultural facilities, and private streets, and shall provide for the maintenance, administration
and operation of said land and improvements, and secure adequate liability insurance on
the land.
f. The management structure and organization shall comply with the Condominium Act, Code
of Virginia (1950), as amended.
14.12. Architectural treatment: ..... The following architectural treatments shall be incorporated
into all multifamily developments:
a. Developments shall possess architectural variety but enhance an overall cohesive
residential character. This character shall be achieved through the creative use of design
elements such as balconies and or/terraces, articulation of doors and windows, varied
sculptural or textural relief of facades, and architectural ornaments, varied rooflines or other
appurtenances such as lighting fixtures and/or plantings, and where applicable varied
placement of front entryways.
b. Pedestrian pathways shall be used to link all buildings, greenspaces, and recreational areas
within the development. Buildings shall be linked to sidewalks and to each other as
appropriate. These walkways shall be landscaped and lighted.
c. Open space areas shall be considered an organizing element of the site plan. Courtyards or
greens shall be utilized within the development. In such instances, residential buildings shall
front on these open spaces.
P. Temporary emergency housing.
1. Intent: These regulations are adopted in recognition that temporary emergency housing options
may be necessitated by fire, flood, or other unforeseen and sudden acts of nature.
2. Temporary emergency housing, used under a declared disaster:
a. Temporary emergency housing may be placed on property when a disaster has been
declared by the board of supervisors, the Governor of the Commonwealth of Virginia, or the
President of the United States in accordance with applicable state and federal law.
b. A zoning permit shall be obtained before temporary emergency housing can be placed on
the property.
c. All zoning requirements, including setback requirements, may be waived as determined to
be necessary by the zoning administrator.
d. The period for temporary placement of such structures shall be no more than twelve (12)
months, unless an extension is specifically authorized by the board of supervisors for an
additional period of time to be set by the board.
e. No action under these provisions shall authorize permanent improvements or establishing a
use in violation of this ordinance or any other law.
3. Temporary emergency housing, used during reconstruction or replacement of an uninhabitable
dwelling lost or destroyed by fire, flood, or other unforeseen and sudden acts of nature:
a. The zoning administrator may authorize the emergency use of a temporary emergency
housing on a lot, if the building official certifies that the permanent dwelling on the lot is
uninhabitable.
APPENDIX B. ‐ ZONING.*
Article V. Supplementary Use Regulations.
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.
Q. Townhouse. ..... Townhouses are permitted as indicated in zoning district(s) regulation(s). The
following standards for townhouse development are intended to supplement, and in some cases,
supersede those outlined in the district regulations:
1. Density requirements:
a. Minimum parcel area: Fifteen thousand (15,000) square feet. (Note: Townhouse
developments located on less than three (3) contiguous acres shall obtain a conditional use
permit.)
b. Base density: Fourteen (14) dwelling units per acre.
c. A density bonus of one and one-half (1.5) units per acre will be granted for each of the
following:
For every ten percent (10%) of the units committed to the provision of affordable
and workforce housing.
Dedication to the County a public use site, the developable portion of which is
suitable for a public facility.
Environmental protections which exceed the requirements of County Ordinances
or restore degraded habitats.
Enhanced stormwater management through better site design/low impact
development techniques/implementation of projects which provide stormwater
management beyond the scope of the project, as approved by the Zoning
Administrator.
d. A density bonus of one-half (0.5) units per acre will be granted for each of the following
facilities on the site:
Swimming pool
Clubhouse
Lighted recreational facility (tennis, basketball, etc.)
Dock, pier, boat ramp
Other recreational amenities can be considered by the Zoning Administrator
2. Townhouse developments:
a. Each parcel utilized for townhouse development shall have a minimum frontage of at least
two one hundred (200 100) feet upon a public street and shall have a minimum depth of not
less than two one hundred (200 100) feet.
b. The maximum permitted density shall not exceed the density permitted in the zoning district
for the total tract area of the townhouse development.
cb. The total of all building areas shall not exceed forty (40) percent of the gross site acreage of
the townhouse development. The maximum lot coverage shall be sixty (60) percent of the
total tract area.
3. Townhouse lots:
APPENDIX B. ‐ ZONING.*
Article V. Supplementary Use Regulations.
a. The lot width, measured at the building line, for individual townhouse dwelling units shall be
no less than twenty (20) feet.
b. The lot width of end units of townhouse structures shall be adequate to provide the required
side yards.
c. There shall be no more than one (1) townhouse dwelling unit on a townhouse lot.
d. Individual townhouse lots shall contain no less than one thousand five hundred (1,500)
square feet, except that end units shall contain not less than three thousand five hundred
(3,500) square feet.
4. Yard requirements:
a. Front yards. ..... The front yard of a townhouse lot which fronts on a public or private street
shall be twenty-five (25 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. Under no condition shall a side yard adjacent
to a public or private street, or adjacent to the property line of the townhouse development
be less than shall meet the required minimum front yard setback.
c. Rear yards. ..... A rear yard of twenty-five (25 20) feet shall be provided for each townhouse
lot.
5. Building coverage: ..... The maximum lot coverage for principle and accessory buildings shall be
forty (40) percent of the total tract areas.
65. Building requirements and relationship:
a. Dwelling units per townhouse structure and length of structure. ..... No more than eight ten
(8 10) dwelling units shall be contained in a townhouse structure. The maximum length of
any townhouse structure shall not exceed two hundred (200) feet.
b. Setback between buildings. ..... The minimum distance between any two (2) unattached
townhouse structures shall be forty thirty (40 30 feet. The setback shall be increased to sixty
fifty (60 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. In the event that the structures are contained within a townhouse cluster, the above
distances may be reduced to twenty-five (25) feet and forty (40) feet, respectively.
c. Distance to service areas. ..... No townhouse structure shall be closer than twenty (20) feet
to any interior driveway or closer than fifteen (15) feet to any off-street parking area excluding
a garage or parking space intended to serve an individual townhouse unit.
76. [Minimum livable area:] ..... Individual townhouse units shall contain at least nine hundred (900)
square feet of livable floor area, exclusive of garages, carports, basements, attics, open porches,
patios, or breezeways.
8. Requirements for townhouse cluster:
a. All lots within a townhouse cluster shall front on a public way. A public way intended for
pedestrian circulation shall have a minimum width of five (5) feet.
b. All public ways or other common facilities within a townhouse cluster shall be maintained by
the property owners within the townhouse cluster.
97. Utilities—Water and sewage systems:
a. Townhouses shall be provided with central 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.
APPENDIX B. ‐ ZONING.*
Article V. Supplementary Use Regulations.
b. All utilities shall be located underground.
108. [Private streets:] ..... Private streets shall meet the design, material and construction standards
established by the Virginia Department of Transportation. A maintenance plan shall be prepared
and submitted as part of the site development plan approval process.
11. [Parking standards:] ..... Parking standards and aisle widths shall be in accordance with article X,
vehicle parking and landscaping.
129. Open space: ..... A minimum of forty (40) percent 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. of the lot, parcel, or tract of
land upon which the townhouse development is located shall be maintained in common open
space areas.
1310. Landscaping: ..... For the purpose of landscaping, townhouses shall be treated as a
commercial use type and required to submit a landscaping plan meeting all of the guidelines and
specifications of article VIII pertaining to such use types.
14. Lighting: ..... Lighting shall be installed in accordance with article XI and shall be arranged to shine
inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic.
15. Site plan approval: ..... Site plans shall be required for all townhouse developments in accordance
with the provisions of this ordinance.
1611. Management of common and open spaces in townhouses and condominium
developments:
a. All common and open spaces shall be preserved for their intended purpose as expressed
on the site plan.
b. A management structure consisting of a nonprofit association, corporation, trust, or
foundation for all owners of residential property within the development shall be established
to insure the maintenance of open space and other facilities.
c. The management structure shall be established prior to the sale of any property.
d. Membership in the management structure shall be mandatory for all residential property
owners, present or future, within the development.
e. The management structure shall manage all common and open spaces, recreational and
cultural facilities, and private streets, and shall provide for the maintenance, administration
and operation of said land and improvements, and secure adequate liability insurance on
the land.
f. The management structure and organization shall comply with the Condominium Act, Code
of Virginia (1950), as amended.
1712. Architectural treatment: ..... The following architectural treatments shall be incorporated
into all townhouse developments:
a. Townhouse rows of more than six (6) units shall be clustered and employ sufficient variety
of setbacks to avoid monotonous facades and bulky masses. The front setback of each
townhouse unit shall be varied at least two (2) feet from the adjacent unit; every third unit
shall vary at least four (4) feet from the adjacent unit. No more than two (2) consecutive units
shall have the same façade plane, and no more than 50% of the units in any building shall
have the same façade 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
APPENDIX B. ‐ ZONING.*
Article V. Supplementary Use Regulations.
appurtenances such as lighting fixtures and/or plantings, and where applicable varied
placement of front entryways.
c. Townhouses may front onto open spaces. In this instance, a private shared driveway in the
rear of residential buildings shall be utilized. A minimum of eighty (80) percent front yard soft
landscaping shall be planted.
d. Garages shall not protrude beyond the farthest wall of the residential building on the same
side.
de. 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.
ef. 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.)
Sec. 10-1010. Table of use types and parking requirements.
USE PARKING REQUIREMENT
Agricultural Use Types
Agriculture No requirement
Aquaculture No requirement
Commercial feedlot No requirement
Farm employee housing No requirement
Farmer's market 1 space per 100 sq. ft., 5 spaces minimum
Forestry operation No requirement
Greenhouse, private No requirement
Livestock auction market See schedule B
Stable, commercial 1 space per employee on major shift, plus 1 space for every 4
animals stabled
Stable, private No requirement
Sawmill No requirement
Wayside stand 1 space per 100 sq. ft., 3 spaces minimum
Residential Use Types
Accessory apartment 1 additional space
Community recreation See schedule B
Condominium 2 1 spaces per 1 bedroom unit
2.25 2 spaces per 2 bedroom unit
2.5 2.25 spaces per 3 bedroom unit
1 visitor space for every 3 5 units
Dwelling, multifamily
conversion
2 1 spaces per 1 bedroom unit
2.25 2 spaces per 2 bedroom unit
2.5 2.25 spaces per 3 bedroom unit
Dwelling, single-family 2 spaces per dwelling
Dwelling, two-family 2 spaces per dwelling unit
Family day care home 1 space per nonresident employee**
Group home 2 spaces per dwelling
Guest house 1 additional space
Home occupation No requirement
Human care facility See schedule B
Kennel, private No requirement
Manufactured home,
Class A
2 spaces per dwelling
Manufactured home,
Class B
2 spaces per dwelling
Manufactured home,
Class C
2 spaces per dwelling
Manufactured home,
emergency residence
2 spaces per dwelling
Manufactured home,
family member residence
1 additional space
Manufactured home park 2 spaces per dwelling
Manufactured home
subdivision
2 spaces per dwelling
Manufactured home,
temporary residence
2 spaces per dwelling (can be converted for permanent dwelling)
Multifamily dwelling 2 1 spaces per 1 bedroom unit
2.25 2 spaces per 2 bedroom unit
2.5 2.25 spaces per 3 bedroom unit
1 visitor space for every 3 5 units
Townhouse 2 1 spaces per 1 bedroom unit
2.25 2 spaces per 2 bedroom unit
2.5 2.25 spaces per 3 bedroom unit
1 visitor space for every 3 5 units
Civic Use Types
Administrative service 3 spaces per 1,000 sq. ft, plus 1 space per vehicle based at facility
Adult care center 1 space per 3 residents, plus 1 space each employee on major shift
Assisted living facility 1 space per 3 residents, plus 1 space each employee on major shift
Cemetery See schedule B
Child care institution 1 space per employee on major shift, plus 1 space per 20 children,
plus 1 space for each vehicle associated with facility
Child care center 1 space per employee on major shift, plus 1 space per 20 children,
plus 1 space for each vehicle associated with facility
Club 1 space per 3 persons based on maximum occupancy
Community center 1 space per 250 sq. ft.
Correctional facility See schedule B
Crisis center 1 space per 2 persons of residential occupancy
Cultural service 1 space per 300 sq. ft.
Educational facility,
college/university
See schedule B
Educational facility,
primary/secondary
See schedule B, but no less than 1 space per employee on major
shift, plus 1 space per 4 students in the 11th and 12th grades
Halfway house 1 space per 2 persons of residential occupancy
Life care facility 1 space per 3 residents, plus 1 space each employee on major shift
Nursing home 1 space per 3 residents, plus 1 space each employee on major shift
Park and ride facility No requirement
Post office See Schedule A
Public assembly 1 space per 4 seats or similar accommodations provided
Public maintenance and
service facility
See schedule A
Public park and
recreational area
See schedule B
Public safety service 3 spaces per vehicle based at facility
Religious assembly 1 space per 4 seats in principle place of worship
Rehabilitation service 1 space per 3 residents, plus 1 space each employee on major shift
Utility service, major See schedule B
Utility service, minor No requirement
Office Use Types
Financial institution 1 space per 300 sq. ft., plus required stacking spaces
General office 1 space per 250 sq. ft.
Laboratory 1 space per 1.5 employees on major shift, plus 1 per company
vehicle
Medical office 7 spaces per practitioner, or 1 space per 200 sq. ft., whichever is
greater
Commercial Use Types
Adult entertainment
establishment
1 space per 200 sq. ft.
Agricultural service See schedule A
Antique shop 1 space per 400 sq. ft.
Bed and breakfast 1 space per guest room, plus 2 spaces for owner's unit
Boarding house 1 space per sleeping room
Business support service 1 space per 250 sq. ft.
Business or trade school See schedule B, but no less than 1 space per 4 students
Campground 1 space per campsite, plus spaces required for other uses
Car wash 1 space per employee on major shift, plus required stacking spaces
Commercial indoor
amusement
1 space per 3 persons based on maximum occupancy load
Commercial indoor
entertainment
1 space per 4 seats or similar accommodations, plus 1 space per 2
employees on major shift.
Commercial Indoor Sports and Recreation
• Bowling alley 3 spaces per alley, plus 1 space per employee on major shift
• Swimming pool 1 space per 100 sq. ft. of water surface
• Tennis and similar
court games
4 spaces per court
• Other indoor sports 1 space per 3 persons based on maximum occupancy, plus 1 space
per employee on major shift
Commercial Outdoor Entertainment/Sports Recreation
• Miniature golf 1. 5 spaces per hole
• Other outdoor
entertainment/sports
recreation
1 space per 3 persons based on maximum occupancy, plus 1 space
per employee on major shift
Commercial outdoor pool
and tennis facility
1 space per 100 sq. ft. of water surface, and/or 4 spaces per court
Construction office,
temporary
No requirement
Construction sales and
service
See schedule A
Contractor office and
storage facility
See schedule A
Convenience store 1 space per 200 sq. ft. for the first 1,000 sq. ft. plus 1 space for each
additional 175 sq. ft.
Crematorium 1 space per 4 seats in main chapel, plus 1 space per 2 employees on
major shift, plus 1 space per company vehicle
Equipment sales and See schedule A
rental
Flea market 1 space per 100 sq. ft. of sales area accessible to the public
Funeral home 1 space per 4 seats in main chapel, plus 1 space per 2 employees on
major shift, plus 1 space per company vehicle
Garden center See schedule A
Gasoline station 1 space per employee, plus 1 space per 200 sq. ft. of building area,
plus required stacking space
Golf course 50 spaces per 9 holes, plus spaces as required for other uses
Golf driving range 1.2 spaces for each driving tee
Hospital 1 space per 2 beds, plus 1 space per employee on major shift,
including doctors
Hospital, special care 1 space per 2 beds, plus 1 space per employee on major shift,
including doctors
Hotel/motel/motor
lodge/inn
1 space per guest accommodation, plus 4 spaces per 50 guest
rooms, plus spaces as required for other uses.
Kennel, commercial 1 space per 500 sq. ft.
Laundry 1 space per 300 sq. ft.
Manufactured home
sales
See schedule B
Marina See schedule B
Medical clinic 3 spaces per examination or treatment room, plus 1 space per
employee on major shift including doctors
Micro-brewery, distillery,
cidery
1 space per employee on major shift, plus 1 space per 5,000 square
feet of storage, plus 1 space per 2 seats in tasting room, restaurant,
retail; other accessory uses shall provide spaces consistent with the
parking requirements for the same use or a use deemed appropriate
by the Zoning Administrator
Mini warehouse 1 space for each employee, plus 2 spaces for the first 100 storage
spaces, plus 1 for each additional 100 storage units or portion thereof
Motor vehicle
dealership/new
See schedule A
Motor vehicle
dealership/used
See schedule A
Motor vehicle/rental See schedule A
Motor vehicle repair
service, major
2 spaces per service bay, plus 1 space per employee on major shift
Motor vehicle/repair
service, minor
1 space per 200 square feet, plus 2 spaces per service bay, plus 1
space per employee on major shift
Motor vehicle/outdoor
storage
See schedule A
Motor vehicle
parts/supply, retail
See schedule A
Pawn shop 1 space per 300 sq. ft.
Personal improvement
service
1 space per 300 sq. ft.
Personal service 1 space per 300 sq. ft.
Real estate office,
temporary
1 space per 300 sq. ft.
Recreational vehicle
sales and service
See schedule A
Restaurant, drive-in fast food
• With seats Without seats 1 space per 4 seats, plus 1 space per 4 employees on
major shift, plus required stacking space
• Without seats 1 space per 60 sq. ft., plus required stacking space
Restaurant, general 1 space per 4 seats, plus 1 space per 2 employees on major shift
Retail sales See schedule A
Shopping center 4.4 spaces per 1,000 sq. ft.
Studio, fine arts See schedule B
Truck stop See schedule B
Veterinary hospital/clinic 1 space per 300 sq. ft.
Industrial Use Types
Abattoir or livestock
processing
See schedule A
Asphalt plant See schedule B
Brewery, Distillery,
Cidery
See Schedule A
Construction yard See schedule A
Convenience center See required stacking spaces
Custom manufacturing See schedule A
Industry, Type I See schedule A
Industry, Type II See schedule A
Industry, Type III See schedule A
Landfill, industrial See schedule B
Landfill, rubble See schedule B
Landfill, sanitary See schedule B
Meat packing 1 space per employee on major shift
Resource extraction 1 space per employee on major shift
Scrap and salvage
service
See schedule A
Transfer station See schedule B
Warehousing and
distribution
See schedule A
Miscellaneous Use Types
Alternate discharge
sewage
No requirement system
Amateur radio tower No requirement
Aviation facility,
commercial
See schedule B
Aviation facility, general See schedule B
Aviation facility, private See schedule B
Communication tower 2 spaces per tower
Hunt club See schedule B
Parking facility,
surface/structure
No requirement
Shooting range, outdoor See schedule B
Schedule A
This schedule sets forth minimum parking requirements for uses with
elements having different functions or operating characteristics within a single
overall use.
Function of Element Requirement
Office or administrative activity 1 space per 300 sq. ft.
Indoor sales, display or service area 1 space per 500 sq. ft.
Motor vehicle service bay 2 space per service bay
Outdoor sales, display or service area 1 space per 2,000 sq. ft.
General equipment servicing or
manufacturing
1 space per 1,000 sq. ft.
Indoor or outdoor storage or warehousing 1 space per 5,000 sq. ft.
Schedule B
Specific requirements shall be determined by the zoning administrator
based on requirements for similar uses, location of the proposed use, expected
demand and traffic generated by the proposed use, and appropriate traffic
engineering and planning criteria and information. Determinations of
requirements may be appealed to the board of zoning appeals. (7-7-05, 3-20-14.)
July 16, 2015/MCP/ Petitions for Payment of Contributions
ISSUE:
Petitions for the Payment of Contributions to the Carrollton and
Windsor Volunteer Fire Departments
BACKGROUND:
On June 12, 2015, the County received a Petition for the Payment of
Contributions to the Carrollton Volunteer Fire Department and a
Petition for the Payment of Contributions to the Windsor Volunteer
Fire Department in accordance with Section 15.2-1245 of the Code of
Virginia (1950, as amended). In compliance with that same section,
the attorney for both departments was notified, by certified mail, that
the Board of Supervisors would consider these claims at its regular
meeting of July 16, 2015.
The petitions for each department stem from the Board of
Supervisors’ decision to withhold contribution funding as a result of
each department’s failure to come to agreement with the Board of
Supervisors on the proposed Facility Use Agreement for each station.
BUDGETARY IMPACT:
None.
RECOMMENDATION:
Following presentation of the claims, adopt a motion denying the
claims made by the Windsor and Carrollton Volunteer Fire
Departments for payment of contributions.
ATTACHMENT:
Petition for Payment of Contributions by the Windsor Volunteer Fire
Department
Petition for Payment of Contributions by the Carrollton Volunteer
Fire Department
July 16, 2015/
ISSUE:
Resolution – Approving the Financing of Energy Efficiency Improvements by
the Western Tidewater Regional Jail Authority
BACKGROUND:
The Western Tidewater Regional Jail Authority (the “Authority”) at a special
meeting held on June 23, 2015 duly adopted a resolution entitled
“RESOLUTION AUTHORIZING AND APPROVING THE FINANCING
OF ENERGY EFFICECY IMPROVEMENTS, IN AN AGGREGATE
PRINCIPAL AMOUNT OF UP TO $5,000,000 AND SETTING FORTH THE
FORM, DETAILS AND PROVISIONS THEREOF.”
The Board of Supervisors has been requested by the Authority to consider at
its July 16, 2015 meeting approval of a resolution to approve financing the
energy efficiency improvements by the Authority.
BUDGET IMPACT:
No current fiscal year impact. “Under Section 4.5 and 4.1 of the Service
Agreement, each Member Jurisdiction provides a moral obligation pledge to
fund operating and debt service expenses of the Authority based its pro rata
share of the Authority’s expenses as set forth in the Service Agreement.”
RECOMMENDATION:
Adopt the attached resolution.
ATTACHMENTS:
Resolution
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ISLE OF WIGHT, VIRGINIA
APPROVING THE FINANCING OF ENERGY EFFICIENCY IMPROVEMENTS BY
THE WESTERN TIDEWATER REGIONAL JAIL AUTHORITY
A. The Western Tidewater Regional Jail Authority (the "Authority") was created
pursuant to Article 3.1, Chapter 3, Title 53.1 of the Code of Virginia of 1950, as amended, by the
City of Franklin, Virginia, the County of Isle of Wight, Virginia, and the City of Suffolk,
Virginia (collectively, the "Member Jurisdictions").
B. As authorized by a resolution adopted by the board of directors of the Authority
on June 23, 2015 (the "Authority Resolution"), a copy of which is attached as Exhibit A, the
Authority proposes to finance the acquisition, construction and installation of certain energy
efficiency improvements (collectively, the "Equipment"), which Equipment is expected to
generate operating cost savings for the Authority, and the related closing costs (collectively, the
"Financing") in an amount not to exceed $5,000,000.
C. The Board of Supervisors of the County of Isle of Wight, Virginia (the "Board of
Supervisors"), has received a presentation regarding the proposed terms of the financing and has
been informed that the goal of the Authority in approving the Financing is to secure financing for
the Equipment that generates cost savings over the life of the expected operating cost savings for
the Authority and the Member Jurisdictions.
D. The Authority approved the Financing as either a lease/purchase transaction (a
"Lease Financing") or a revenue bond transaction ("Bond Financing").
E. Depending on the final structure of the Financing, the Amended and Restated
Service Agreement dated as of April 15, 2011 (the "Service Agreement"), by and among the
Authority and the Member Jurisdictions, the Authority will have different closing requirements.
F. Under Sections 4.5 and 4.1 of the Service Agreement, each Member Jurisdiction
provides a moral obligation pledge to fund operating and debt service expenses of the Authority
based its pro rata share of the Authority's expenses as set forth in the Service Agreement.
G. If the Financing is structured as a Lease Financing, an amendment to the Service
Agreement will be required (among other closing items) to permit the lease of the Equipment
and the granting of a security interest therein. If the Financing is structured as a Bond Financing,
the Service Agreement requires an update to the amount of debt service payable by the Authority
(among other closing items).
H. The Board of Supervisors desires (i) to consent to the Financing within the
parameters established by the Authority Resolution and in either proposed structure and (ii) to
authorize officers of the County to take such actions as may be necessary to close the Financing.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County
of Isle of Wight, Virginia, that:
1. The County of Isle of Wight, Virginia (the "County"), hereby consents to the
Financing in an amount not to exceed $5,000,000 and otherwise in accordance with the
parameters established under the Authority Resolution and in either of the proposed structures
for the purposes described in Recitals B and C above. Notwithstanding the foregoing, the
County's consent is subject to the adoption of similar resolutions by the governing bodies of the
other Member Jurisdictions.
2. The County hereby acknowledges and reaffirms its obligation to pay operating
and debt service expenses of the Authority as provided in the Service Agreement. Any such
payment will be subject to the appropriation of funds by the Board of Supervisors of the County
and shall constitute a moral, non-binding payment obligation. In no event shall the obligation of
the County under Sections 4.5 and 4.1 of the Service Agreement be deemed to constitute a debt
within the meaning of the Constitution and the laws of Virginia.
3. If the Financing is structured as a Lease Financing, the County Administrator and
such other officers of the County as she may designate are hereby authorized and directed to
execute and deliver an amendment to the Service Agreement to permit the Lease Financing. If
the Financing is structured as a Bond Financing, the County approves of the updating of the debt
service information attached to the Service Agreement.
4. Regardless of the final structure of the Financing, the County Administrator and
such other officers of the County as he may designate are hereby further authorized to execute
and deliver such other documents as any such officer deems necessary or appropriate in
connection with the Financing and take such further actions as any such officer deems
appropriate in connection with such Financing. All actions taken by an officer of the County
within the authority of this Resolution are hereby ratified and approved.
5. This resolution shall take effect immediately.
Adopted by a majority vote of the Board of Supervisors of the County of Isle of Wight, Virginia,
on July 16, 2015.
Rex Alphin, Chairman
Carey Mills Storm, Clerk
Approved as to form:
Mark C. Popovich, County Attorney
EXHIBIT A
Authority Resolution
(See Attached)
Board of Supervisors Regular Meeting
June 18, 2015
ISSUE:
Camptown Development Services District Update
BACKGROUND:
Economic Development staff will present an overview of the current
status of the local economic development conditions in the Camptown
Development Services District.
BUDGETARY IMPACT:
None
RECOMMENDATION:
For the Board’s information.
ATTACHMENTS:
None
ISSUE:
Board of Supervisors Strategic Planning Meeting
BACKGROUND:
It is recommended that the Board of Supervisors hold an annual retreat
to discuss strategic goals and objectives and long range vision for the
County staff annually to incorporate into the annual Capital
Improvements Plan (CIP) and Operating Budget development processes.
Should the Board desire to hold a strategic planning retreat,
September 2015 would be the recommended month and staff will
coordinate a draft agenda for consideration by the Board at the
August 20, 2015 meeting.
RECOMMENDATION:
For the Board’s consideration and direction.
ATTACHMENTS:
None
July 16, 2015/
ISSUE:
Request for Change in August 2015 Board Meeting Date
BACKGROUND:
The Board, at its January 5, 2015 organizational meeting, adopted its meeting
schedule for 2015. The County Administrator is requesting the Board give
consideration to moving its August 20, 2015 meeting to August 27, 2015.
BUDGET IMPACT:
No impact.
RECOMMENDATION:
Consider changing the Board’s August 20, 2015 meeting date to August 27,
2015.
ATTACHMENT:
None
ISSUE:
Request for a Fire and Emergency Medical Services Board Study
BACKGROUND:
In an effort to ensure the Department of Emergency Services and the
County’s volunteer fire and rescue agencies provide efficient, effective,
and quality fire and emergency medical services to the citizens of Isle of
Wight County, it is recommended that the County request a Fire and
EMS Study by the Virginia Fire Services Board to provide for an
independent, objective, assessment of the County’s fire and EMS
system. The Virginia Fire Services Board partners with the Virginia
Department of Fire Programs, the Office of Emergency Medical
Services, and the Virginia Department of Forestry to conduct Fire and
EMS studies. Study requests are approved by the Virginia Fire Services
Board and conducted at no charge to the requesting jurisdiction. A Fire
and EMS study is designed to provide an objective view of the Fire and
EMS services in a local jurisdiction and to provide feedback on areas
that are successful and areas that could use improvement, as well as
recommendations for the use and benefit of local fire and emergency
medical service departments and partner agencies.
In order to request a Fire and EMS Study, a letter of request must be
submitted by the governing body to the Virginia Fire Services Board for
consideration at the Virginia Fire Services Board’s July 31, 2015
meeting.
RECOMMENDATION:
Adopt a Motion to Authorize the Submission of the Attached Letter of
Request to the Virginia Fire Services Board and Execution of a Fire and
EMS Study Agreement with the Virginia Fire Services Board
ATTACHMENT:
- Letter of Request for Fire and EMS Study
- Fire and EMS Study Agreement
July 17, 2015
Mr. Walter Bailey
Chairman
Virginia Fire Services Board
1005 Technology Park Drive
Glen Allen, VA 23059
Dear Mr. Bailey:
On behalf of the Isle of Wight County Board of Supervisors, I am writing to request a Fire and
Emergency Medical Services (EMS) Study by the Virginia Fire Services Board. The need for this
request was discussed by the Board of Supervisors at our July 16, 2015 meeting and has been
authorized by Board motion. Attached is a signed Fire and EMS Study Agreement form.
Isle of Wight County is served by a Department of Emergency Services and seven volunteer fire
and rescue agencies. The County is requesting the study as part of our continuous effort to ensure
the citizens of Isle of Wight County receive high quality and effective fire and emergency medical
services. It is our desire to have an independent, objective, assessment of our fire and EMS system
in an effort to identify strengths, weaknesses, and opportunities for improvement in accordance
with best practices in fire and EMS service delivery.
Your favorable consideration of our request would be greatly appreciated. Should you have any
questions regarding the County’s request, do not hesitate to contact Jeff Terwilliger, Chief of
Emergency Services, at (757) 357-8218.
Sincerely,
Rex Alphin
Chairman
Board of Supervisors
pc: The Honorable Board of Supervisors
Anne F. Seward, County Administrator
Jeffrey T. Terwilliger, Chief of Emergency Services
1
COMMONWEALTH of VIRGINIA
Virginia Department of Fire Programs
Virginia Fire Services Board
Scope of Fire and EMS Study Agreement
between the
Locality
and the
Virginia Fire Services Board
PURPOSE AND SCOPE
The purpose of this agreement is to establish mutually accepted duties, responsibilities, and
expectations between the Virginia Fire Services Board, its designated Fire and EMS Study
Committee and the locality which has requested the Fire and EMS Study/Technical Assistance
from the Virginia Fire Service Board. The agreement is provided to help define activities and
expectations between both parties.
AGREEMENT
Study results/recommendations shall be comprehensive in nature and shall be
consistent with and organized according to a final revised scope of work as
negotiated between the Study Committee and the locality prior to the formal
commencement of the Study. **Refer to Self-Assessment Questionnaire for
Scope of Study.
While questions of staffing ratios, response time, capital equipment purchases,
etc. are relevant to the Study process, the locality should not expect detailed
recommendations in these areas beyond system-wide recommendations.
Study Results will be openly presented to the elected/appointed governing body,
the requesting agency as well as any additional requesting organization(s);
Virginia Fire Services Board
c/o Virginia Department of Fire Programs
1005 Technology Park Drive
Glen Allen, VA 23059-4500
Phone: 804/ 371-0220
Fax: 804/ 371-3408
Glen Allen, VA 23059-4500
Phone: 804/ 371-0220
Fax: 804/ 371-3408
Walter Bailey
VIRGINIA FIRE SERVICES
BOARD CHAIR
2
The time frame noted for technical assistance will be accepted;
All relevant organizational data will be made available to the study committee;
and,
Locality will provide to the Virginia Department of Fire Programs a central point
of contact. Please ensure the contact is available Monday – Friday from 9 am to
5 pm, and nighttime and weekends as needed.
Within 6 to 9 months of the Study completion, the Department of Fire Programs
will email the locality a feedback follow-up survey. It is requested that the
locality complete the survey so the Agency and Board can gain valuable in-sight
into the success and areas of improvements for future studies. Your
participation in the feedback survey is important to the Agency and Board.
REVIEW AND TERM
This agreement shall be in effect until the end of the Fire and EMS Study.
SIGNED
We do hereby acknowledge and agree to abide by the provisions of this Memorandum of
Understanding.
Chairman of Virginia Fire Services Board Authorized Locality Representative
Virginia Department of Fire Programs
____ ____________ __________________
Date Signed Date Signed
ISSUE:
Matters for the Board’s Information
BACKGROUND:
The matters attached to this Board report are included as a means of
providing information to the Board relative to matters of interest. These
items do not require any action by the Board.
RECOMMENDATION:
For the Board’s information.
ATTACHMENTS:
1. Monthly Reports: Tax Levies & Collections as of June 2015; Cash
Position; and, Statement of the Treasurer’s Accountability
2. Isle of Wight County Monthly Fire/EMS Call Summary and Other
Statistics FY 2014/2015
3. Isle of Wight Sheriff’s Monthly Activity Report/June 2015
4. Isle of Wight Cooperative Extension Monthly Activity Report/June
5. Isle of Wight Website Statistics/June 2015
6. Solid Waste Division Litter Pickup
7. Correspondence from Chamber of Commerce - Cary and Main
Development
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07.07.15 JUN 14 JANFEBMARAPRMAY JUN 15 JULAUGSEPOCTNOVDEC 2015 YTD2014 YTD % chng
Calls for Service
Law Enforcement 3,4863,7623,3234,1133,6654,2034,154 23,22019,785 17.36%
Animal Services 1419676102116113123 626616 1.62%
GRAND TOTAL 3,6273,8583,3994,2153,7814,3164,277 23,84620,401 16.89%
School Checks (num)33845591495425 358363 -1.38%
School Checks (time)19:3427:4721:5931:4917:1721:597:58 128:51169:35 -24.02%
False Alarms 161030211 1786 -80.23%
Escorts 6185811105 5760 -5.00%PNASH 0
Traffic
Traffic Stops 375314188451422500528 2,4032,442 -1.60%
Traffic Summons 227162101265253342338 1,4611,322 10.51%
Traffic Crashes 65629259876773 440428 2.80%0
Criminal Process
Misdemeanor Charges 27272152514952 252262 -3.82%
Felony Charges 9131934261116 119141 -15.60%
Unknown Class 0000000 02
GRAND TOTAL 36404086776068 371405 -8.40%
Civil Process
Writ- Levy 2226205 1722 -22.73%
Writ- Repo 4332447 2339 -41.03%
Evictions 121197111011 5953 11.32%
All Other Civil 8776836421,2071,002946950 5,4305,104 6.39%
GRAND TOTAL 8956996561,2221,019960973 5,5295,218 5.96%
Property
Reported Stolen $63,902$27,604$13,534$5,604$28,938$5,222$8,120 $89,022$312,574 -71.52%
Stolen Items 59584522692839 261309 -15.53%
Reported Recovered $34,011$2,780$6,873$1,000$28,664$0$4,580 $43,897$105,070 -58.22%
Recovered Items 881452107 5555 0.00%
Reported Damaged $19,545$2,480$5,420$3,771$12,216$9,679$12,618 $46,184$59,519 -22.40%
Damaged Items 1691614251826 108139 -22.30%
Court
Fines and Fees
Jury Trials 0210110 51 400.00%
Other
Mileage 82,120 78,894 80,156 81,164 86,123 84,593 91,688 502,618 528,361 -4.87%
Gun Permits 49565773514737 321376 -14.63%
Fingerprints (non crim.)20212734142926 15191 65.93%
Reports (IBR)53506467786684 409447 -8.50%
Reports (Non-IBR)120102108137143128129 747799 -6.51%
Currency values rounded to the dollar.REVISED 07.07.15
Totals may change between reporting periods due to ongoing investigations, case updates, error correction, and late reporting.
Isle of Wight County Sheriff's Office • Monthly Activity Report - JUN 2015
STATISTICAL INFO YTD TO LAST MONTH COMPLETED-JUN 07.07.15
MEAN (AVG)MEDIAN HIGHEST LOWEST
Law Enforcement 3,8703,9584,2033,323
Animal Services 10411012376
GRAND TOTAL 3,9744,0684,3163,399
School Checks (num)60559125
School Checks (time)21:2817:5231:497:58
False Alarms 36100
Escorts 1012185
Traffic Stops 401421528188
Traffic Summons 244250342101
Traffic Crashes 73689259
Misdemeanor Charges 42405221
Felony Charges 20153411
Unknown Class 0000
GRAND TOTAL 62548640
Writ- Levy 3460
Writ- Repo 4572
Evictions 1011117
All Other Civil 9058171,207642
GRAND TOTAL 9228361,222656
Reported Stolen 14,83717,86228,9385,222
Stolen Items 44496922
Reported Recovered 7,3163,68028,6640 monetary 49%
Recovered Items 98210 items 21%
Reported Damaged 7,6977,54912,6182,480
Damaged Items 1818269
Mileage 83,77085,29191,68878,894
Gun Permits 54477337
Fingerprints (non crim.)25243414
Reports (IBR)68678450
Reports (Non-IBR)125116143102
Property Recovery
(from Average)
Isle of Wight County Sheriff's Office • Monthly Activity Report - 2015
Calls for Service
Traffic
Criminal Process
Monetary values are rounded
to the nearest dollar. Totals
may change between reporting
periods due to ongoing
investigations, case updates,
error correction, and late
reporting.
Property
Civil Process
Other
2014 2015 2014 2015 2014 2015 2014 2015 2014 2015 2014 2015 2014 2015 2014 2015 14 TOT 15 TOT % Change
January 0 0 0 1 0 0 3 1 3 1 8 16 1 3 0 0 15 22 46.7%
February 0 0 0 0 0 0 0 1 3 4 16 19 2 1 0 0 21 25 19.0%
March 0 0 0 1 0 0 1 0 2 1 13 13 1 0 0 17 15 -11.8%
April 0 1 0 1 0 1 2 1 5 6 19 17 2 1 0 0 28 28 0.0%
May 0 0 1 0 0 0 2 3 6 3 18 12 0 0 1 0 28 18 -35.7%
June 0 0 0 0 0 1 1 1 5 7 23 11 2 1 1 0 32 21 -34.4%
July 0 0 0 4 2 24 1 0 31 0 -100.0%
August 0 0 0 2 7 11 1 0 21 0 -100.0%
September 0 0 1 2 8 12 0 0 23 0 -100.0%
October 0 1 0 3 10 13 0 0 27 0 -100.0%
November 0 0 0 0 3 17 0 0 20 0 -100.0%
December 0 0 1 1 0 10 1 0 13 0 -100.0%
YTD TOTAL 0 1 1 3 0 2 9 7 24 22 97 88 8 6 2 0 141 129 -8.5%
GRD TOTAL 0 2 2 21 54 184 2 276
2014 20142014
10 131141
NOTICE: THE DATA IN THIS REPORT IS DYNAMIC AND MAY CHANGE AS CASES ARE RECLASSFIED, RECORDS EXPUNGED, OR ERRORS CORRECTED.
SOURCE: IOWSO RMS DATA AS OF 01.09.15 FOR ALL 2014 DATA AND 07.07.15 FOR 2015 DATA
ISLE OF WIGHT COUNTY SHERIFF'S OFFICE
07.07.15
Homicide 09A
CRIMES AGAINST PERSONS 2015 YTD
Larceny 23 MV Theft 240
116129
Arson 200 TOTALS
Isle of Wight County Sheriff's Office
13
Select Group A Offenses 2015 (w/ 2014 comparison)
Rape 11A Robbery 120 Ag Assault 13A Burglary 220
CRIMES AGAINST PROPERTY 2015 YTDTOTAL 2015 YTD
-8.5%-11.5%30.0%
SCHOOLCOUNTTIME% COUNT% TIME
CARROLLTON ELEMENTARY SCHOOL50:5720.0%12.0%
CARRSVILLE ELEMENTARY SCHOOL82:0632.0%26.5%
GEORGIE D TYLER MIDDLE SCHOOL30:5912.0%12.3%
HARDY ELEMENTARY SCHOOL30:4012.0%8.4%
ISLE OF WIGHT ACADEMY00:000.0%0.0%
SMITHFIELD HIGH SCHOOL11:344.0%19.7%
SMITHFIELD MIDDLE SCHOOL00:000.0%0.0%
WESTSIDE ELEMENTARY SCHOOL10:134.0%2.8%
WINDSOR ELEMENTARY SCHOOL30:4612.0%9.8%
WINDSOR HIGH SCHOOL10:404.0%8.5%
Grand Total257:58100.0%100.0%
Note: These times only reflect actions of -NON- SRO Personnel
07.07.15
JUN 2015
Isle of Wight County Sheriff's Office • Monthly School Check Report
RANKNATURE COUNT% TOTALRANKNATURE COUNT% TOTAL
1 PATROL CHECK 1516 35.45%51SEIZURE 4 0.09%
2 TRAFFIC STOP 528 12.35%52RUNAWAY 4 0.09%
3 CIVIL PAPER 470 10.99%53CHEST PAIN 4 0.09%
4 BUILDING CHECK 302 7.06%54ARCING WIRES DOWN POWER LINES4 0.09%
5 BUSINESS CHECK 161 3.76%55JUVENILE PROBLEMS4 0.09%
6 CITIZEN ASSIST 142 3.32%56FIGHT IN PROGRESS3 0.07%
7 ANIMAL COMPLAINT 135 3.16%57REPOSSESSION3 0.07%
8 SUSPICIOUS PERS./VEH./ACTIVITY 87 2.03%58ASSAULT NO WEAPONS3 0.07%
9 PAPER SERVICE 74 1.73%59PERSONAL PROTECTIVE ORDER3 0.07%
10 PRISONER TRANSPORT 72 1.68%60FOOT/BIKE PATROL3 0.07%
11DISABLED VEHICLE70 1.64%61UNCONSCIOUS OR FAINTING2 0.05%
12ALARM - BURGLARY68 1.59%62THREATS 2 0.05%
13ASSIST OTHER JURISDICTION41 0.96%63STRUCTURE FIRE2 0.05%
14ACCIDENT NO INJURIES35 0.82%64SICK / ILL OR RESCUE2 0.05%
15POLICE INVESTIGATIONS35 0.82%65LOST PROPERTY2 0.05%
16TRAFFIC HAZARD31 0.72%66NEIGHBOR DISPUTE2 0.05%
17DOMESTIC - VERBAL ONLY29 0.68%67ALARM - MEDICAL2 0.05%
18DESTRUCTION OF PROPERTY29 0.68%68SHOPLIFTING2 0.05%
19FINGERPRINTS28 0.65%69FIRE ALARM 2 0.05%
20ACCIDENT UNKNOWN INJURIES28 0.65%70ATTEMPT SUICIDE2 0.05%
21HOUSE CHECK27 0.63%71HARRASSMENT2 0.05%
22SCHOOL CHECK25 0.58%72BUSINESS ASSIST2 0.05%
23RECKLESS DRIVING23 0.54%73CAR FIRE 2 0.05%
24WELFARE CHECK17 0.40%74CARDIAC ARREST1 0.02%
25911 HANG UP15 0.35%75POLICE PURSUIT VEH OR FOOT1 0.02%
26DISTURBANCE-LOUD NOISE14 0.33%76POSSIBLE DOA1 0.02%
27BE ON THE LOOKOUT13 0.30%77HIT AND RUN1 0.02%
28OFFICER INFORMATION12 0.28%78EVICTION 1 0.02%
29LARCENY PETIT AND GRAND12 0.28%79DIFFICULTY BREATHING1 0.02%
30SHOTS FIRED/PROMISCUS SHOOTING11 0.26%80PUBLIC ASSIST1 0.02%
31COMMUNITY RELATIONS11 0.26%81BITE 1 0.02%
32EMERGENCY PROTECTIVE ORDER10 0.23%82FALLS AND RELATED INJURIES1 0.02%
33DRUG OFFENSES10 0.23%83ROBBERY 1 0.02%
34ACCIDENT WITH INJURIES9 0.21%84FIRE OTHER NOT LISTED1 0.02%
35DRIVING UNDER THE INFLUENCE9 0.21%85IDENTITY THEFT1 0.02%
36TRESPASS 8 0.19%86BRUSH FIRE 1 0.02%
37DISORDERLY INDIVIDUAL8 0.19%87OTHER OR UNKNOWN PROBLEM1 0.02%
38TRAFFIC CONTROL7 0.16%88EMERGENCY CUSTODY ORDER1 0.02%
39FOUND PROPERTY7 0.16%89OPEN DOOR OR WINDOW1 0.02%
40PSYCHIATRIC PROBLEMS6 0.14%90SMELL OR ODOR OF SMOKE1 0.02%
41DOMESTIC ASSAULT - IN PROGRESS6 0.14%91ALL OTHERS12 0.28%
42PROJECT LIFESAVER6 0.14%0.00%
43CIVIL MATTER6 0.14%0.00%
44FRAUD 6 0.14%0.00%
45BURGLARY - RESIDENTIAL5 0.12%0.00%
46DOMESTIC ASSAULT - OCCURRED5 0.12%0.00%
47DIRECT PATROL5 0.12%0.00%
48POLICE ESCORT5 0.12%TOTAL 4,277 100%
49TEMPORARY DETENTION ORDER4 0.09%TOP TEN 3,487 81.53%
50 ALARM - UNK TYPE 4 0.09%07.07.15
NOTE: Prisoner transports include twice daily transport of Animal Shelter work release inmates.
PRIOR MONTH TOP TEN FOR COMPARISON 2015 YTD FOR COMPARISON
RANK NATURE COUNT % TOTAL RANK NATURE COUNT % TOTAL
1 PATROL CHECK 1505 34.87%1 PATROL CHECK 8,091 33.93%
2 TRAFFIC STOP 500 11.58%2 CIVIL PAPER 2,904 12.18%
3 CIVIL PAPER 443 10.26%3 TRAFFIC STOP 2,403 10.08%
4 BUILDING CHECK 387 8.97%4 BUILDING CHECK 1,894 7.94%
5 BUSINESS CHECK 198 4.59%5 BUSINESS CHECK 1,106 4.64%
6 CITIZEN ASSIST 169 3.92%6 CITIZEN ASSIST 823 3.45%
7 ANIMAL COMPLAINT 131 3.04%7 ANIMAL COMPLAINT 669 2.81%
8 PRISONER TRANSPORT 79 1.83%8 PAPER SERVICE 498 2.09%
9 SUSPICIOUS PERS./VEH./ACTIVITY 69 1.60%9 PRISONER TRANSPORT 427 1.79%
10 PAPER SERVICE 66 1.53%10 SUSPICIOUS PERS./VEH./ACTIVITY 413 1.73%
T **TOTAL** CALLS (not just top 10)4,316 82.18%T **TOTAL** CALLS YTD (not just top 10)23,845 80.64%
CALLS FOR SERVICE • JUN 2015
Isle of Wight Extension Report
June 2015
Janet Spencer, Extension Agent, Agriculture & Natural Resources
Valerie Nichols, Unit Administrative Assistant
Agriculture
Continued to provide support and coordination for the Isle of Wight Master Gardeners
(65 active members) and the Historic Southside Master Naturalist Chapter (50 active
members)
Transcribed and mailed the Isle of Wight Ag News newsletter: mailed 130 and emailed
49
Collected approximately 100 plastic pesticide containers
Coordinated and held Junior Master Gardener College in partnership with the Paul D.
Camp Workforce Development Center. 10 youth participated in the week long program
and 7 local master gardener and master naturalist volunteers assisted.
Continued planning efforts for local spring/summer rain barrel workshops
Provided approximately 10 soil sample kits to local residents
Provided information to 15 individuals concerning pesticide application requirements,
soil sampling, land rent, crop variety selection, soil fertility, crop budgets, lawn pests, and
tree diseases.
Continued operation of the Isle of Wight Master Gardener Helpline
Three Master Gardener Plant Clinics were held at the Smithfield Farmer’s Market and
Olden Days
Continuation of gardening workshops held at Carrollton Library taught by local Master
Gardener volunteers
Attended the Early Season Field Crop Tour at the Tidewater Agricultural Research &
Extension Center.
Coordinated a Private Drinking Water Testing Clinic to be held in July.
Coordinated the recycling event to be held in July for the plastic pesticide container
recycling program.
Assisted with Private Pesticide Applicator Recertification approval for an upcoming
cotton field day.
Youth Development
Completed 4-H Camp Counselor Training with 17 youth attending
4 Cs 4-H Club hosted meeting with 6 youth participated
Collected multiple entries for various 4-H contests to be held at the Isle of Wight County
Fair
Hosted Team Day for 4-H Junior Camp Counselors and Counselors-In-Training (CIT’s)
Held 4-H Junior Camp at Airfield 4-H Center, June 22-26. Approximately 85 Isle of
Wight Youth attended, as well as 22 camp counselors, and two adult volunteers.
Outreach and Administrative
Spencer and Nichols participated in the Internal Audit conducted by Virginia Tech for the
Isle of Wight Extension office.
Spencer attended a quarterly Unit Coordinator meeting
Spencer attended an Isle of Wight Ruritans meeting to promote the local Extension
program and services provided to the community.
Face-to-face: 530
Calls: 110
Emails: 3100
MEMORANDUM
TO: Frank Haltom, Director of General Service
FROM: Ralph Anderson, Solid Waste Division Manager
SUBJECT: Solid Waste Division Litter Pickup
DATE: July 2, 2015
I. Solid Waste Division, with the help of the Western Tidewater Regional Jail
Workers, continues to make an effort to keep the County roadways clean. Litter
pick‐up has been limited during the month of June due to the focus on illegal
dumping investigations and the limitation on the available number of Work
Release inmates from the Western Tidewater Regional Jail.
The following is a list of roads that were spot checked for litter and serviced due
to illegal dumping the month of June 2015:
Carrsville Hwy.: Spot Pick‐Up
Burdette Rd.: Spot Pick‐Up
Holly Run Dr.: Spot Pick‐Up
The following is a list where litter is scheduled to be picked up during the months
of July thru August 2015:
Old Stage Hwy: Rte 10 to Berry Hill Rd
Berry Hill Rd: Rte 10 to Old Stage Hwy
Foursquare Rd: Courthouse Hwy to Ting Rd
Titus Creek Rd: Nike Park Rd to Smith`s Neck Rd
Scott`s Factory Rd: Courthouse Hwy to Turner Dr
Bethel Church Ln: Waterworks Rd to Blair`s Creek Dr
Turner Dr: Benns Church Blvd. to Scotts Factory Rd.
Sunset Dr: Courthouse Hwy. to Buckhorn Dr.
ISSUE:
Staff Report – Impact of Annexation
BACKGROUND:
The County Administrator will provide the Board of Supervisors with
information regarding the financial impact of annexation on Isle of
Wight County as requested by the Board at its June 18, 2015 meeting.
RECOMMENDATION:
For the Board’s information.
ATTACHMENTS:
None