March 19th, 2015 Full AgendaA Community of Choice, Committed to Excellence
Agenda
Board of Supervisors
Isle of Wight County
March 19, 2015
1. Call to Order (5:00 p.m.)
2. Closed Meeting
3. Invocation – The Honorable Delores C. Darden/Pledge of Allegiance (6:00
p.m.)
4. Approval of Agenda
5. Consent Agenda
A. Resolution – Recognition of Volunteer Recognition Week
B. Commission on Aging – Newport District Appointment
C. Motion – Approve Amendments to the Commission on Aging By-Laws
D. Staff Report – Carrollton Volunteer Fire Department ALS Interim Solution
Update
E. Resolution – Accept and Appropriate an Insurance Reimbursement from
VACORP Risk Management for Replacement of a 2013 Dodge Charger
F. Resolution – Authorize the Conveyance of Real Property to the Virginia
Department of Transportation
G. March 4, 2014 Special Meeting Minutes
H. September 18, 2014 Regular Meeting Minutes
A Community of Choice, Committed to Excellence
I. September 19, 2014 Retreat Minutes
J. October 16, 2014 Regular Meeting Minutes
K. November 20, 2014 Regular Meeting Minutes
L. December 18, 2014 Regular Meeting Minutes
6. Regional Reports
7. Appointments
8. Special Presentation/Appearances
A. VDOT Presentation - Route 460/Commonwealth Project Update
B. Special Presentation//Reassessment Report by the Commissioner of the
Revenue
C. Special Presentation – Public Utilities Rate Study
9. Citizens’ Comments
10. Public Hearings
A. Motion – Authorizing Sale of Old Isle of Wight Rescue Squad Building to
the Town of Smithfield
B. Ordinance – Amend and Reenact the Isle of Wight County Code By
Amending and Reenacting Chapter 15. Taxation. By Enacting Article VII.
Appeals of Real Estate Assessments
C. Resolution – Amend the Comprehensive Plan through Changes to the Text &
Maps in Chapter 4 “Growth Management & Land Use”
A Community of Choice, Committed to Excellence
D. Ordinance – Amend and Reenact Various County Code Sections (Appendix
B, Zoning: Article IV, Zoning & District Boundaries; Article V:
Supplementary Use Regulations; Article X – Vehicle Parking Facilities)
based on the ISLE 2040 Plan
11. County Administrator’s Report
A. Resolution – Adopt Chapter 1: Personnel, Article V, Section 5.14 and
Amend Chapter 1: Personnel, Article VI, Section 6.4, Article VII and Article
VIII of the County Policy Manual
B. Staff Report – Legislative Update
C. Motion – Set Special Meeting on April 1, 2015 at 10:00 a.m. to Present
Proposed Operating and Capital Budget and Related Ordinance/Resolutions
D. Resolution - Transfer of Available FY 14 Fund Balance Roll Over Funds for
One-Time Capital Purposes
E. Informational Items:
1. FYI -Monthly Reports: Tax Levies & Collections as of February 2015;
Cash Position; and, Statement of the Treasurer’s Accountability
2. FYI – Isle of Wight County Monthly Fire/EMS Call Summary and
Other Statistics FY 2014/2015
3. FYI - Isle of Wight Sheriff’s Monthly Activity Report/February 2015
4. FYI - Isle of Wight Website Statistics/February 2015
5. FYI - Planning Commission 2014 Annual Report
6. FYI - Board of Zoning Appeals 2014 Annual Report
7. FYI - Wetlands Board 2014 Annual Report
8. FYI - Solid Waste Division Litter Pickup
9. FYI – HRPDC Growth Trends in Hampton Roads Presentation
10. FYI – VOPEX 2015 Report
11. FYI - Summary of Board Committee Meetings
. Isle of Wight/Town of Smithfield Intergovernmental Relations
Committee Meeting of February 25, 2015
· Parks and Recreation Committee Meeting of March 4, 2015
· Public Safety Committee Meeting of March 6, 2015
A Community of Choice, Committed to Excellence
12. Unfinished/Old Business
13. New Business
14. Adjournment
March 19,2015/asc/Volunteer Recognition Week
ISSUE:
Resolution – Recognition of Volunteer Recognition Week
BACKGROUND:
Each year, a week during the month of April is designated as
Volunteer Recognition Week throughout the nation and in Isle of
Wight County. This year, April 12-18, 2015 is designated as
Volunteer Recognition Week. While Isle of Wight County has
many individual volunteers that provide service to the citizens of
the county, we would like to make special note of the services
provided by our volunteer fire and emergency service providers.
In addition to the attached resolution, the County’s Events
Committee will be hanging banners throughout the County and
developing advertisements recognizing the contributions of all
local volunteers.
RECOMMENDATION:
Adopt a resolution to designate April 12-18, 2015 as Volunteer
Recognition Week in Isle of Wight County.
ATTACHMENTS:
Resolution
RESOLUTION TO DESIGNATE APRIL 12-18, 2015
AS VOLUNTEER RECOGNITION WEEK
WHEREAS, we are a nation that was founded by individuals who
have dedicated their lives, energies, and resources to making this a better
world for themselves, their families, and their neighbors; and,
WHEREAS, volunteerism directly reflects the democratic
principles upon which this nation was founded in that everyone,
regardless of their circumstances, race, age, sex, color or creed can
volunteer; and,
WHEREAS, the number of individuals engaging in volunteer
work and the important variety of services provided increase each year,
providing challenges and fulfillment, rich rewards from helping others,
improving skills, and widening one's horizons; and,
WHEREAS, Isle of Wight County would like to convey special
recognition to the volunteer members of the seven volunteer fire and
rescue departments (Carrollton Volunteer Fire Department, Carrsville
Volunteer Fire Department, Isle of Wight Volunteer Rescue Squad,
Rushmere Volunteer Fire Department, Smithfield Volunteer Fire
Department, Windsor Volunteer Fire Department, and Windsor
Volunteer Rescue Squad) operating in Isle of Wight County who are
responsible for saving numerous lives and multiple properties, often
exposing themselves to physical risks; and,
WHEREAS, it is appropriate to recognize and to honor the
numerous contributions of the many volunteers, with special emphasis
placed on the fire and rescue volunteers, serving the County of Isle of
Wight, as well as this Commonwealth of Virginia, and to join in with
State and national leaders to set a special time for such recognition.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED
by the Board of Supervisors of the County of Isle of Wight, Virginia that
the week of April 12-18, 2015 be designated as Volunteer Recognition
Week.
Adopted this 19th day of March, 2015.
Rex. W. Alphin, Chairman
________________________
Carey Mills Storm, Clerk
Approved as to form:
________________________________
Mark Popovich, County Attorney
March 19, 2015
ISSUE:
Commission on Aging - Newport District Appointment
BACKGROUND:
At the Board’s February 19, 2015 meeting, Supervisor Bailey appointed
Robert Lockhart to serve on the Commission on Aging representing the
Newport District. The Commission’s By-Laws allow for two
representatives from each election district and such action cannot be
effectuated because currently there are already two representatives
representing the Newport District.
RECOMMENDATION:
Rescind the Board’s previous motion to appoint Robert Lockhart to the
Commission on Aging.
ATTACHMENTS:
None
March 19, 2015/MCP
ISSUE:
Motion – Approve Amendments to the Commission on Aging By-
Laws
BACKGROUND:
The Commission on Aging has requested certain technical
revisions to its by-laws in order to more accurately reflect its
operations.
BUDGETARY IMPACT:
None
RECOMMENDATION:
Adopt a motion approving the proposed revisions to the
Commission on Aging By-Laws.
ATTACHMENTS:
Proposed revisions to Commission on Aging By-Laws
BY-LAWS OF THE ISLE OF WIGHT COUNTY
COMMISSION ON AGING
ARTICLE I
NAME - PURPOSE
Section I-1. Name.
The official name of the Commission shall be the Isle of Wight County Commission
on Aging, herein referred to as the Commission.
Section I-2. Purpose.
The purpose of the Commission on Aging is to identify the needs of the senior
citizens of Isle of Wight County, and to encourage, promote, and develop ways and means
by which those needs can be more effectively met. The Commission will enlist the support
of, and work with, public and private organizations (local, regional, state and federal), as
well as the citizens of Isle of Wight County to accomplish its purpose.
The Commission will report periodically to the Board of Supervisors on its
activities and on the needs of the senior citizens of Isle of Wight County. From time to
time as appropriate, the Commission will make recommendations to the Board of
Supervisors for the implementation of programs designed to meet those needs.
ARTICLE II
MEMBERSHIP
Section II-1. Representation.
The Commission shall be composed of eleven (11) members, appointed to the
Commission by the Board of Supervisors, with two (2) members from each election district
and one (1) at-large member.
Section II-2. Terms.
Commissioners shall be appointed for three (3) year terms by the Board of
Supervisors, except that appointments to fill vacancies that occur during terms shall be for
the remainder of those unexpired terms.
Section II-3. Voting.
Each Commissioner shall be entitled to one (1) vote on each issue. Only duly
appointed members of the Commission are authorized to vote.
Section II-4. Attendance.
The Board of Supervisors may appoint alternates to attend meetings and act only in
the absence of the Commissioner for whom they are the alternates. Each duly appointed
alternate shall have the right to vote on behalf of the absent Commissioner.
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Any duly appointed member who is absent without proper notification for three (3)
consecutive meetings is subject to removal from the Commission and his/her appointment
vacated by the Board of Supervisors, who shall appoint another person to fill such vacancy.
Proper notification of absence from a Commission meeting is defined as notifying
the Chairperson by telephone not less than twenty-four (24) hours in advance of the
scheduled meeting of the expected absence. In emergency situations the Chairperson, in
his/her discretion, may accept less than twenty-four (24) hours advance notice.
Section II-5. Suspension or Removal.
Commissioners may be suspended or removed for with or without cause by the
Board of Supervisors, including, but not limited to, absence without proper notification, as
specified in Section II-4 of these By-Laws.
ARTICLE III
OFFICERS AND DUTIES
Section III-1. Officers.
The Officers of the Commission shall be a Chairman, Vice Chairman, Secretary
and Assistant and Secretary. The Executive Committee consists of the Chairman, Vice
Chairman and Secretary. All officers must be members in good standing of the
Commission, appointed by the County Board of Supervisors, as provided in Section II-1,
herein.
Section III-2. Duties of Chairman.
The Chairman shall preside at all meetings of the Commission. At each meeting
the Chairman shall submit such recommendations and information as he/she may consider
proper concerning the business, affairs and policies of the Commission. At the regular
June meeting the Chairman shall report on the Commission’s activities for the preceding
year. A copy of the annual report will be forwarded to the Board of Supervisors and a copy
retained for the Commission’s files. He/she shall appoint committees as needs arise. The
Chairman of the Commission will also submit to the Board of Supervisors a yearly calendar
of monthly programs offered through the Commission on Aging.
Section III-3. Duties of Vice-Chairman.
The Vice-Chairman shall perform the duties as requested by the Chairman and in
the absence of the Chairman he/she shall conduct meetings of the Commission. In case of
the resignation or inability of the Chairman to serve, the Vice-Chairman shall perform such
duties as are imposed on the Chairman until such time as the Commission shall select a
new Chairman. By virtue of this office, the Vice-Chairman shall also serve as Chairman
of the Program Committee.
Section III-4. Duties of Secretary.
The Secretary shall be responsible for recording the minutes of each meeting of the
Commission and assuring that they are technically accurate and complete. He/she will be
responsible for giving notices of all regular and special meetings of the Commission. The
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Secretary shall see that all contracts, agreements, minutes and other entrustments are
properly maintained for the review of any Commissioner. He/she shall keep a written
record of all Commission appointments and notify the Board of Supervisors two (2) months
prior to a term expiration.
Section III-5. Duties of Assistant Secretary.
The Assistant Secretary shall perform the duties as requested by the Chairman and
the Secretary, and in the absence of the Secretary, shall be responsible for all duties related
to the position of Secretary. The outgoing Secretary shall assume the position of Assistant
Secretary for one (1) year after his/her term of Secretary has expired.
Section III-6. Terms.
The Chairman, Vice-Chairman and Secretary shall be elected for a term of one (1)
year and shall not serve more than three (3) consecutive terms in the same office.
Section III-76. Elections.
Election of Officers shall take place at the regular June meeting. The floor shall be
open for nominations and the election shall proceed. A quorum must be present to conduct
an election and elected officers shall take office immediately.
Section III-87. Vacancies.
Should the Offices of Chairman, Vice Chairman or Secretary become vacant, the
Commission shall elect a successor from its membership at the next regular meeting, and
such election shall be for the unexpired term of said office. Elections to fill unexpired
terms shall not be considered a full term, and such persons elected to fill unexpired terms
shall be eligible to be elected to three (3) consecutive terms.
ARTICLE IV
MEETINGS
Section IV-1. Regular Meetings.
Regular meetings are scheduled monthly to be held on the first (1st) Wednesday of
the month at 10:3000 a.m. Whenever there is no business of the Commission, the
Chairman may dispense with the regular meeting by giving notice to all members at least
two (2) days prior to the time set for the meeting, provided that the Commission shall meet
at least every three (3) months.
Section IV-2. Special Meetings.
Special meetings of the Commission may be called at any time by the Chairman,
or in the absence or unavailability of the Chairman, by the Vice-Chairman. The Secretary
shall mail to all members, at least five (5) days in advance of a special meeting, a written
notice, fixing the time and place of the meeting and the purpose thereof. Written notice of
the special meeting is not required if the time and place of the special meeting has been
fixed at a regular meeting.
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Section IV-3. Majority.
A simple majority of the members of the Commission shall constitute a quorum.
When a quorum is in attendance, action may be taken by the Commission upon a vote of a
majority of the Commissioners present.
Section IV-4. Agenda.
At a regular meeting of the Commission, the following shall be the Order of
Business:
(a) Roll Call - Determination of a quorum;
(b) Reading and Approval of minutes of previous meeting;
(c) Committee Reports;
(d) Chairman’s Report;
(e) Unfinished Business;
(f) New Business;
(g) Program;
(h) Adjournment.
Section IV-5. Resolutions.
All resolutions must be in writing and shall be copied in a journal of the proceedings
of the Commission.
Section IV-6. Procedures.
Robert’s Rules of Order, Revised, shall govern the Commission in all cases to
which they are applicable and in so far as they are not inconsistent with these By-Laws and
the statutes of Virginia and the ordinances of the County of Isle of Wight. There shall be
a recorded vote on all motions.
ARTICLE V
BY-LAWS
Section V-1. Procedure.
The By-Laws of the Commission shall be amended only with the approval of at
least two-thirds (2/3) of the members present and voting at a regular meeting, but no such
amendment shall be adopted unless it is presented to the Commission in writing at the
regular meeting preceding the regular meeting at which it is voted upon.
Section V-2. Approval by Board of Supervisors.
These By-Laws and all amendments thereto will not take effect until approved by
the Board of Supervisors of Isle of Wight County, Virginia.
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Approved by the Board of Supervisors at a regular meeting by motion duly adopted
the ____ day of _____________________, 20___.
Alan E. CasteenByron B. BaileyRex
Alphin, Chairman
Board of Supervisors
Isle of Wight County, Virginia
Attest:
Carey Mills-Storm, Clerk
Adopted this _______ day of ________________, 20 ___.
___, Chairman
Commission on Aging
Isle of Wight County, Virginia
Approved as to Form:
Mark C. Popovich
County Attorney
March 19, 2015/jtt/Update Carrollton VFD Compliance with OMD Requirements
ISSUE:
Staff Report: Carrollton Volunteer Fire Department ALS Interim
Solution Update
BACKGROUND:
At the Board of Supervisors’ December 18, 2015 meeting, staff
presented the Board with concerns from Dr. Joel Michael, the County’s
Operational Medical Director (OMD), regarding Carrollton Volunteer
Fire Department (CVFD). The OMD’s concerns included the following:
Unit Response times
Sanctioning of ALS providers through the Tidewater Emergency
Medical Services (TEMS) Council.
Around-the-clock ALS availability.
To date, CVFD has not adequately addressed the concerns of the OMD.
UPDATE: Chief Terwilliger has been working with CVFD’s Chief Joel
Acree on a solution. A tentative staffing plan between the Department
of Emergency Services and CVFD is in progress to address the identified
concerns. The solution is targeted at addressing centralized staffing of
medical providers and ensuring appropriate ALS coverage in Carrolton’s
District 24/7. District response times will also be monitored.
A temporary staffing arrangement with CVFD is being planned for April
with a permanent solution to follow shortly after. Additional progress
reports will be forthcoming.
BUDGETARY IMPACT:
There is no budget impact at this time.
RECOMMENDATION:
For the Board’s information.
March 19, 2015/jtt/Update Carrollton VFD Compliance with OMD Requirements
ATTACHMENTS:
None
ISSUE:
Resolution – Accept and Appropriate an Insurance Reimbursement from
VACORP Risk Management for Replacement of a 2013 Dodge Charger
BACKGROUND:
In December 2014, an on-duty deputy was involved in an accident at the
intersection of Nike Park Road and Reynolds Drive. The county vehicle
the deputy was driving was a 2013 Dodge Charger with approximately
26,000 miles on it.
VaCorp, the County’s insurance provider, declared the vehicle a total
loss and issued a reimbursement check in the amount of $20,250.00.
Most of the law enforcement equipment on the vehicle is salvageable
and can be used on a replacement Dodge Charger.
The Sheriff's Office is requesting authorization to purchase a 2014
Dodge Charger with the reimbursement check and funds in its current
fleet line item to replace the damaged vehicle.
RECOMMENDATION:
Adopt a resolution to accept and appropriate insurance funding.
ATTACHMENTS:
Resolution
RESOLUTION TO ACCEPT AND APPROPRIATE
TWENTY THOUSAND TWO HUNDRED FIFTY DOLLARS
FROM VACORP RISK MANAGEMENT
WHEREAS, the County of Isle of Wight, Virginia has received an
insurance reimbursement from VaCorp Risk Management for replacement of a
2013 Dodge Charger; and,
WHEREAS, insurance reimbursement funds in the amount of twenty
thousand two hundred fifty dollars ($20,250) from VaCorp Risk Management
need to be appropriated to the Sheriff’s Office-Fleet line item in the FY2014-15
budget of the County of Isle of Wight; and,
WHEREAS, the Sheriff’s Office will provide the additional funds
necessary from its current budget allocation to cover the full cost of acquiring and
outfitting a replacement vehicle.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that twenty
thousand two hundred fifty dollars ($20,250) be appropriated to the Sheriff’s
Office-Fleet line item in the FY2014-15 budget of the County of Isle of Wight for
replacement of the 2013 Dodge Charger.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget for this grant and to do all things necessary
to give this resolution effect.
Adopted this 19th day of March, 2015.
Rex W. Alphin, Chairman
Carey Mills-Storm, Clerk
Approved as to form:
Mark C. Popovich, County Attorney
ISSUE:
Resolution – Authorize a Public Hearing on the Conveyance of Real
Property to the Virginia Department of Transportation
BACKGROUND:
The Virginia Department of Transportation has completed design of the
Carrsville Bridge Replacement. In order to move forward with the bid
portion of this project VDOT has requested the conveyance of land
needed for additional right-of-way located parallel to the Carrsville
Convenience Center.
Staff has met with VDOT representatives to ensure the land conveyance
will not impact current or future operations of the Convenience Center.
VDOT has offered $10,900 for the land (31,102 sq.ft. or 0.714 acre),
$1,800 for utility easements, and $100 for a temporary easement totaling
$12,800 based on its basic administration report. Staff has reviewed the
information and believes this to be a fair offer for the land.
BUDGETARY IMPACT:
The General Fund will be increased by $12,800.
RECOMMENDATION:
Adopt a resolution to authorize a public hearing on the conveyance of
real property to the Virginia Department of Transportation.
ATTACHMENTS:
- Resolution
- Correspondence from VDOT
- Basic Administrative Report (Acquisition Report)
RESOLUTION AUTHORIZING THE CONVEYANCE OF REAL
PROPERTY TO THE VIRGINIA DEPARTMENT OF
TRANPORTATION.
WHEREAS, the Virginia Department of Transportation (“VDOT”) has
requested the conveyance of approximately 31,102 square feet in fee simple,
together with the grant of a temporary construction easement, over, across,
under and through the land owned by the Isle of Wight County Board of
Supervisors; and,
WHEREAS, the Isle of Wight County Board of Supervisors has
determined that it is advisable to convey to VDOT a certain portion of land in
fee simple, totaling approximately 31,102 square feet owned by the Isle of
Wight County Board of Supervisors, located at 6135 Carrsville Highway,
Carrsville, Virginia 23315, for VDOT’s use in providing an improved bridge
over Route 58, Carrsville Highway, in Carrsville, Virginia; 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 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 Board of Supervisors does hereby approve
the request of VDOT as summarized in this Resolution and as detailed in
VDOT State Project 0058-046-262, RW-201.
BE IT FURTHER RESOLVED that the Isle of Wight County
Administrator is hereby authorized to execute all documents necessary to
effectuate this Resolution, including, but not limited to a deed and utility
agreements and shall make such accounting adjustments as may be necessary.
BE IT FURTHER RESOLVED that the Board of Supervisors of Isle
of Wight County authorizes a public hearing to be held at its regular meeting
on April 16, 2015 regarding the conveyance of real property to the Virginia
Department of Transportation for $10,900 and accepts $1800 for utility
easements and $100 for a temporary easement.
Adopted this 19th day of March, 2015.
Rex Alphin, Chairman
Carey Mills Storm, Clerk
Approved as to Form:
Mark A. Popovich, County Attorney
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SPECIAL MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS AND THE INDUSTRIAL DEVELOPMENT
AUTHORITY HELD THE FOURTH DAY OF MARCH IN THE YEAR
TWO THOUSAND AND FOURTEEN AT 4:00 P.M. IN THE PLANNING
AND ZONING CONFERENCE ROOM AT THE ISLE OF WIGHT
COUNTY COURTHOUSE
PRESENT: BOARD OF SUPERVISORS
Rex W. Alphin
Delores C. Darden
Rudolph Jefferson
Byron B. Bailey
Alan E. Casteen
INDUSTRIAL DEVELOPMENT AUTHORITY
Ron Pack, Chairman
Carroll Keen, Vice-Chairman
Len Alphin, Member
Diana Beale, Member
James Ford, Member
Tim Hillegass, Member
Richard Holland, Jr., Member
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
Chairman Bailey called the special meeting to order at 4:00 p.m. for the
purpose of the Board meeting jointly with the Industrial Development
Authority to discuss a prospective business.
//
County Attorney Popovich requested a closed meeting pursuant to Section
2.2-3711(A)(5) of the Code of Virginia for the purpose of discussing a
prospective business where no previous announcement has been made of the
business’ interest in locating its facilities in the community.
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Supervisor Casteen moved that the Board enter the closed meeting for the
reason stated by County Attorney Popovich. The motion was adopted by
a vote of (5‐0) with Supervisors Alphin, Bailey, Casteen, Darden and
Jefferson voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Casteen moved that the Board return to open session. The
motion was adopted by a vote of (5‐0) with Supervisors Alphin,
Bailey, Casteen, Darden and Jefferson 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: Bailey, Darden, Jefferson, Alphin and Casteen
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NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
//
Chairman Bailey declared the special meeting adjourned at 5:00 p.m.
______________________
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 SEPTEMBER IN
THE YEAR TWO THOUSAND AND FOURTEEN AT 5:00 P.M. IN THE
ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
COUNTY COURTHOUSE
PRESENT: Byron B. Bailey
Rex W. Alphin
Delores C. Darden
Alan E. Casteen
Rudolph Jefferson
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
appointment of specific appointees to County boards/committees or authorities;
pursuant to Section 2.2-3711(A)(1) regarding discussion concerning the
performance of two specific public appointees; and, pursuant to Section 2.2-
3711(A)(7) regarding consultation with legal counsel regarding specific legal
matters requiring the provision of legal advice by such counsel regarding an
ongoing dispute with the Isle of Wight Volunteer Rescue Squad construction
project.
Supervisor Alphin moved that the Board enter the closed meeting for the
reasons stated. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
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Chairman Bailey moved that the Board return to open meeting. The motion
was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen,
Darden and Jefferson voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Jefferson 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: Bailey, Darden, Jefferson, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
//
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At 6:00 p.m., Chairman Bailey delivered the invocation and led the Pledge of
Allegiance to the Flag.
//
APPROVAL OF AGENDA
There being no changes, Supervisor Alphin moved that the agenda be
adopted as presented. The motion was adopted by a vote of (5-0) with
Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
CONSENT AGENDA
A. Motion to Waive the Application Fee for a Riverview Memorial Tree
Garden in Honor of former Board of Supervisor Henry H. Bradby
B. Resolution to Accept and Appropriate Funding from the Town of
Smithfield for Commonwealth’s Attorney’s Case Management System
Upgrade
C. Resolution – Accept and Appropriate Asset Forfeiture Funds Received
from the Commonwealth of Virginia for the Commonwealth’s
Attorney’s Office and the Sheriff’s Department and Insurance Proceeds
from the Virginia Association of Counties Self-Insurance Risk Pool
(VACORP)
D. Resolution to Accept and Appropriate CMAQ Funds for the Windsor
Sidewalk Construction Project
E. January 16, 2014 Regular Meeting Minutes
F. February 20, 2014 Regular Meeting Minutes
Supervisor Casteen moved that the Consent Agenda be approved as
presented. The motion was adopted by a vote of (5-0) with Supervisors
4
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
REGIONAL REPORTS
County Administrator Seward advised the Hampton Roads Planning District
Commission members, at its meeting today, discussed how the Hampton
Roads region compares nationally with respect to wages, housing costs,
education and crime rate. She further advised that a report on the HR Green
campaign was received which is designed to educate the public on how to
deal with fats, oil and grease, storm water awareness, recycling and
beautification.
County Administrator Seward advised that the Hampton Roads
Transportation Planning Organization had discussed reductions which were
announced by the Governor in response to projections in forecast. She
advised that the State will be reducing $1 billion from the Six-Year
Transportation Plan. She advised a presentation was received with respect to
plans for the Virginia rail service which she hopes to obtain copies of for
distribution to the Board. She further advised that the long-range
transportation plan was discussed regarding how to incorporate $8 billion of
projects into the Plan.
Supervisor Jefferson reported that the Western Tidewater Regional Jail
continues to be run in an orderly and well maintained fashion and is moving
ahead with an energy project. He advised that the balance of the Operating
Budget is $1,298,837 and the Jail has spent 9.34% of its allocated FY2015
budget. He advised that the Jail is at 64% of its total bed capacity and that
the County has utilized inmates for a total of 445.5 hours. He requested that
a letter be sent to the Jail expressing the County’s appreciation to the inmates
for a job well done.
APPOINTMENTS
Supervisor Casteen moved that Anne F. Seward be appointed to serve on the
Chamber of Commerce replacing Lisa T. Perry. The motion was adopted by
a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and
5
Jefferson voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Darden moved that Julia Perkins be reappointed to serve on the
Social Services Board representing the Windsor District. The motion was
adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
SPECIAL PRESENTATION/APPEARANCES
Chairman Bailey moved that the following Resolution to Honor the Life of
Henry H. Bradby, former member of the Board of Supervisors, be adopted:
RESOLUTION TO HONOR THE LIFE OF HENRY H. BRADBY,
FORMER MEMBER OF THE BOARD OF SUPERVISORS
WHEREAS, Mr. Henry H. Bradby was a native and lifelong resident of Isle
of Wight County, Virginia; and,
WHEREAS, Mr. Bradby served as a member of the Isle of Wight County
Social Services Board for 8 years and represented the County on several
regional Boards and Committees; and,
WHEREAS, Mr. Bradby served as a member, Chairman, and Vice-Chairman
of the Board of Supervisors during his thirty year tenure from January 1,
1976 – December 31, 2005; and,
WHEREAS, his strong presence, soft demeanor, and significant
accomplishments have left an indelible impression on the Board of
Supervisors and the citizens of Isle of Wight County; and,
WHEREAS, the Board of Supervisors joins his family in mourning the
passing of former Supervisor Henry H. Bradby on August 23, 2014.
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight, Virginia honors the life,
legacy, and memory of Henry H. Bradby.
BE IT FURTHER RESOLVED that the Board of Supervisors extends its
condolences to the family of Henry H. Bradby and orders that a copy of this
Resolution be spread upon the minutes of this Board this eighteenth day of
September 2014.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
A Resolution to Recognize the Initial Accreditation of the Isle of Wight
County Sheriff’s Office, was adopted at the Board’s August 21, 2014 and
was formally presented to the Sheriff.
Joe Lomax, VDOT Franklin Residency Administrator, provided maintenance
updates for County roadways, including paving, mowing and ditch
maintenance.
Animals currently available for adoption at the County’s animal shelter were
displayed.
CITIZENS’ COMMENTS
Albert Burckard read into the record a letter dated September 8, 2014 from
the Carrollton Volunteer Firefighter’s Association going on record in support
of Carrollton Volunteer Fire Department maintaining its independence as a
volunteer fire department in the County.
Fred Mitchell of 24266 Dashiell Road read a statement from Joel Acree in
opposition to the Carrollton Volunteer Fire Department signing a Facilities
Use Agreement with the County.
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Debbie Bales, on behalf of United We Stand, Isle of Wight, expressed her
opposition to the Carrollton Volunteer Fire Department having to sign a
Facilities Use Agreement with the County.
T. Dale Scott requested the Board to reconsider its previous vote and restore
funding to the Windsor Volunteer Fire Department.
Chairman Bailey attempted to clear up any misunderstandings regarding the
issue of funding for the Carrollton Volunteer Fire Department.
PUBLIC HEARINGS
Chairman Bailey called for a public hearing on the following:
An Ordinance to Amend and Reenact the Isle of Wight County Code by
Amending and Reenacting Appendix B, Zoning, Article III, Use Types;
Article IV, Zoning Districts and Boundaries; Article V, Supplementary Use
Regulations; Article X, Vehicle Parking Facilities in order to create standards
for brewery, distillery, cidery and related facilities
Richard Rudnicki, Principal Planner, provided an overview of the proposed
amendments.
County Attorney Popovich certified that the matter had been properly
advertised.
Citizens in favor or in opposition to the proposed Ordinance were asked to
speak.
No one appeared and spoke.
Supervisor Alphin moved that the following Ordinance be adopted
An Ordinance to Amend and Reenact the Isle of Wight County Code by
Amending and Reenacting the Following Articles of Appendix B, Zoning:
Article III, Use Types; Article IV, Zoning Districts and Boundaries; Article
V, Supplementary Use Regulations; and Article X, Vehicle Parking Facilities
To Create Standards for Brewery, Distillery, Cidery, and Related Facilities
8
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 III, Use Types,
Section 3-6000, Commercial use types, and Section 3-7000, Industrial use
types; Article IV, Zoning Districts and Boundaries, Section 4-9003, Limited
Commercial Conditional uses, Section 4-10002, General Commercial
Permitted uses, Section 4-11002, Limited Industrial Permitted uses, Section
4-12002, General Industrial Permitted uses, Section 4-13002, General
Industrial Conservation Permitted uses, Section 4-17002, Planned
Development Commercial Park Permitted uses, Section 4-18002, Planned
Development Mixed Use Permitted uses, and Section 4-19002, Planned
Development Industrial Park Permitted uses; Article V, Supplementary Use
Regulations, Section 5-5005, Supplementary use regulations for commercial
use types; and Article X, Vehicle Parking Facilities, Section 10-1010, Table
of use types and parking requirements of the Isle of Wight County Code be
amended and reenacted as follows:
Sec. 3-6000. Commercial use types.
9
Adult entertainment establishment.\ An establishment having a substantial or
significant portion of its stock in trade books, magazines and other
periodicals which are distinguished or characterized by their emphasis on
matter depicting, describing or related to "specified sexual activities" or
"specified anatomical areas," or an establishment with a segment or section
devoted to the sale or display of such material. This use includes any adult
bookstore, adult mini-motion-picture theater, adult picture theater, cabaret,
massage parlor, drug paraphernalia store, or tattoo parlor.
Agricultural service.\ An establishment primarily engaged in providing
services specifically to the agricultural community which is not directly
associated with a farm operation. Included in this use type would be servicing
of agricultural equipment, independent equipment operators, and other related
agricultural services.
Antique shop.\ A place offering primarily antiques for sale. An antique for
the purposes of this ordinance shall be a work of art, piece of furniture,
decorative object, or the like, of or belonging to the past, at least thirty (30)
years old.
Auction establishment.\ A structure or enclosure where goods and/or
livestock are sold by auction on a recurring basis. Expressly excluded from
this use are non-recurring auctions of property, possessions, estates, and other
items located at the premises where the auction is being conducted.
Bed and breakfast.\ A dwelling or portion thereof, in which lodging is
provided by the owner or operator who resides on the premises. This use
offers short-term lodging rooms and meals for transient guests, none of who
remain for more than fourteen (14) consecutive nights each. This definition
shall include the term tourist home.
Boarding house.\ A single-family dwelling unit, or part thereof, with three (3)
or more rooms that are rented individually or collectively by long-term
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residents (at least month-to-month tenants) as opposed to overnight or weekly
guests. A boarding house may make provisions for serving meals.
Boat repair yard.\ See "marina" listed under commercial use types.
Boating and Fishing Facilities.\ Facilities catering to the general public,
whether an admission is charged or not, where provisions are made for
fishing from the shoreline or from a pier and/or launching or rental of boats
are available on-site.
Business support service.\ Establishment or place of business engaged in the
sale, rental or repair of office equipment, supplies and materials, or the
provision of services used by office, professional and service establishments.
Typical uses include office equipment and supply firms, small business
machine repair shops, convenience printing and copying establishments, mail
and packaging stores, as well as temporary labor services.
Business or trade school.\ A use providing education or training in business,
commerce, language, or other similar activity or occupational pursuit, and not
otherwise defined as an educational facility, either primary and secondary, or
college and university, or as a home occupation.
Campground.\ Any site, lot, parcel or tract of land on which accommodations
for temporary occupancy are located or may be placed, including cabins,
tents, and recreational equipment, recreational vehicles, and which is
primarily used for recreational purposes and retains an open air or natural
character.
Car wash.\ Washing and cleaning of vehicles. Typical uses include automatic
conveyor machines and self-service car washes.
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Commercial equipment repair, accessory to dwelling.\ The repair and/or
maintenance of mechanical, electrical, or electronic devices and equipment,
such as, computers, televisions, lawnmowers, household appliances, machine
parts, and other similar devices.
Commercial indoor amusement.\ Establishments which provide games of
chance, skill or scoring as other than an incidental use of the premises.
Games would include pinball and video machines, pool and billiard tables
and other similar amusement or entertainment devices, whether or not they
are coin-operated, and also card games, bingo, and off-track betting. Typical
uses include game rooms, pool halls, video arcades, and bingo parlors.
Commercial indoor entertainment.\ Predominantly spectator uses conducted
within an enclosed building. Typical uses include motion picture theaters,
drama theaters, concert or music halls.
Commercial indoor sports and recreation.\ Predominantly participant uses
conducted within an enclosed building. Typical uses include bowling alleys,
ice and roller skating rinks, indoor racquetball, squash courts, swimming,
and/or tennis facilities, archery and indoor shooting ranges and similar uses.
Commercial outdoor entertainment/sports and recreation.\ Predominantly
spectator uses conducted in open or partially enclosed or screened facilities.
Typical uses include motor vehicle, boat, motorcycle or animal racing
facilities/complexes, drive-in movies, miniature golf, amphitheaters and
outdoor amusement parks, motorized cart and motorcycle tracks, and
motorized model airplane flying facilities. Professional and semi-professional
athletic fields shall also be included in this use.
Commercial outdoor swimming pool and tennis facility.\ Outdoor pools or
tennis facilities operated by a commercial entity that are open to the general
public usually requiring membership or some form of payment.
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Construction office, temporary.\ A trailer used as a temporary office during a
construction operation. This use includes construction office trailers occupied
in conjunction with residential or nonresidential development.
Construction sales and service.\ Establishments or places of business
primarily engaged in retail or wholesale sale, from the premises, of materials
used in the construction of buildings or other structures, but specifically
excluding motor vehicle or equipment supplies otherwise classified herein.
Typical uses include building material stores and home supply
establishments.
Contractor office and storage facility.\ An establishment or place of business
engaged in the construction of residential or commercial structures including
trades that assist in building construction or remodeling including carpentry,
electrical, masonry, painting, metalworking, flooring installation, ductwork,
plumbing, heating, air conditioning, roofing, and other similar trades.
Convenience store.\ Establishments primarily engaged in the provision of
frequently or recurrently needed goods for household consumption, such as
prepackaged food and beverages, limited household supplies and hardware.
Crematorium.\ A location used for cremation containing properly installed,
certified apparatus for this process.
Dance hall.\ Any establishment open to the general public where dancing is
permitted and a cover charge is directly or indirectly required for entry into
the establishment. However, a restaurant licensed to serve food and
beverages having a dance floor with an area not exceeding ten (10) percent of
the total floor area of the establishment shall not be considered a dance hall.
Equipment sales and rental.\ Establishments primarily engaged in the sale or
rental of tools, trucks, tractors, construction equipment, and similar industrial
13
equipment. Included in this use type is the incidental storage, maintenance,
and servicing of such equipment.
Flea market.\ Occasional or periodic commercial activities held in an open
area or enclosed structure where groups of sellers rent space on a short-term
basis to display, barter, or sell goods to the general public. A fee may be
charged for expected buyers for admission, or a fee may be charged for the
privilege of offering or displaying such merchandise. A flea market is
composed of semi-closed or outdoor stalls, stands, or spaces.
Funeral home.\ Establishments engaged in undertaking services such as
preparing the dead for burial, and arranging and managing funerals. This use
excludes crematorium, which is defined separately.
Garden center.\ Establishments engaged primarily in the retail sale of trees,
shrubs, seeds, fertilizers, pesticides, plants, plant materials, and garden
supplies, primarily for agricultural, residential and commercial consumers.
Gasoline station.\ A facility for the retail sale of motor vehicle fuels, oils, and
accessories, where repair is incidental, where no more than two (2)
abandoned vehicles or other motor vehicles shall be stored on the premises.
May include the sale of propane or kerosene as an accessory use.
General store, country.\ A single store, the ground floor area of which is
4,000 square feet or less and which offers for sale, primarily, most of the
following articles: bread, milk, cheese, candy, papers and magazines, and
general hardware articles. Gasoline may also be offered for sale but only as a
secondary activity of a country general store.
Golf course.\ A tract of land for playing golf, improved with tees, greens,
fairways, hazards, and which may include clubhouses and shelters. Included
would be executive or par three (3) golf courses.
14
Golf driving range.\ A limited area on which golf players do not walk, but
onto which they drive golf balls from a common driving tee.
Hospital.\ A building or group of buildings having room facilities for one (1)
or more patients, used for providing services for the inpatient medical or
surgical care of sick or injured humans and which may include related
facilities such as laboratories, outpatient departments, training facilities,
central service facilities, ambulance stops and helicopter landing sites, and
other incidental and subordinate uses integral to hospital operations.
Hospital, special care.\ A special care hospital shall mean an institution
rendering care primarily for patients with mentally-related illness, or under
treatment for alcoholism, substance abuse, etc.
Hotel/motel/motor lodge/inn.\ A building or group of attached or detached
buildings containing lodging units intended primarily for rental or lease to
transients by the day or week. Such uses generally provide additional services
such as daily maid service, restaurants, taverns, or public banquet halls,
ballrooms, and meeting rooms and/or recreation facilities.
Kennel, commercial.\ The boarding, breeding, raising, grooming or training
of two (2) or more dogs, cats, or other household pets of any age not owned
by the owner or occupant of the premises.
Laundry.\ Establishments primarily engaged in the provision of laundering,
cleaning or dyeing services other than those classified as personal services.
Typical uses include bulk laundry and cleaning plants, diaper services, or
linen supply services.
Lawn and garden services.\ Establishments primarily engaged in performing
a variety of lawn and garden services, including Bermuda sprigging services,
cemetery upkeep, garden maintenance, garden planting, lawn care, lawn
fertilizing services, lawn mowing services, lawn mulching services, lawn
15
seeding services, lawn spraying services, lawn sprigging services, mowing
highway center strips and edges, seeding highway strips, sod laying and turf
installation.
Manufactured home sales.\ Establishment primarily engaged in the display,
retail sale, rental, and minor repair of new and used manufactured homes,
parts, and equipment.
Marina.\ A use for docking or mooring of more than four (4) boats (excluding
paddle or rowboats) or providing services to boats, including servicing and
repair, sale of fuel and supplies, and provisions of lodging, goods, beverages.
A yacht or boat club shall be considered a marina.
Medical clinic.\ A facility providing medical, psychiatric, or surgical service
for sick or injured persons exclusively on an outpatient basis including
emergency treatment, diagnostic services, training, administration and
services to outpatients, employees, or visitors. This use may include
ambulance stops, helicopter landing sites, and other incidental and
subordinate uses integral to providing outpatient care. This would include
medical offices in excess of ten thousand (10,000) square feet of floor area.
Micro-brewery, distillery, cidery.\ See “Brewery, distillery, cidery” listed
under industrial use types. A micro-brewery, distillery, cidery shall not
exceed 15,000 barrels per year in production.
Mini-warehouse.\ A building designed to provide rental storage space in
cubicles where each cubicle has a maximum floor area of four hundred (400)
square feet. Each cubicle shall be enclosed by walls and ceiling and have a
separate entrance for the loading and unloading of stored goods.
Motor vehicle dealership, new.\ The use of a building, land area or other
premises for the display of new and used automobiles, trucks, vans, or
16
motorcycles for sale or lease, including warranty repair work and other major
and minor repair service conducted as an accessory use.
Motor vehicle dealership, used.\ Any lot or establishment where two (2) or
more used motor vehicles, including automobiles, trucks, and motorcycles are
displayed at one (1) time for sale or lease, including warranty repair work and
other major and minor repair service conducted as an accessory use.
Motor vehicle/outdoor storage.\ The outdoor storage of operable motor
vehicles, and boats. Motor vehicles in this use shall include cars, trucks,
sports utility vehicles, motorcycles, boats, motor homes or RVs. This use
shall specifically include vehicle impound areas for operable vehicles.
Motor vehicle parts/supply, retail.\ Retail sales of automobile parts and
accessories. Typical uses include automobile parts and supply stores which
offer new and factory rebuilt parts and accessories, and include
establishments which offer minor automobile repair services.
Motor vehicle/rental.\ Rental of motor vehicles and light trucks and vans,
including incidental parking and servicing of vehicles for rent or lease.
Typical uses include auto rental agencies and taxicab dispatch areas.
Motor vehicle repair service/major.\ Repair of construction equipment,
commercial trucks, agricultural implements and similar heavy equipment,
including automobiles, where major engine and transmission repairs are
conducted. Typical uses include automobile and truck repair garages,
transmission shops, radiator shops, body and fender shops, equipment service
centers, machine shops and other similar uses where major repair activities
are conducted.
Motor vehicle repair service/minor.\ Repair of automobiles, noncommercial
trucks, motorcycles, motor homes, recreational vehicles, or boats, including
the sale, installation, and servicing of equipment and parts. Typical uses
17
include tire sales and installation, wheel and brake shops, oil and lubrication
services, automobile glass repair and similar repair and service activities
where minor repairs and routine maintenance are conducted.
Pawn shop.\ A use engaged in the loaning of money on the security of
property pledged in the keeping of the pawnbroker and the incidental sale of
such property.
Personal improvement service.\ Establishment primarily engaged in the
provision of informational, instructional, personal improvements and similar
services. Typical uses include driving schools, health fitness centers or gyms,
reducing salons, dance studios, handicraft and hobby instruction, and baseball
and basketball instruction facilities.
Personal service.\ Establishment or place of business engaged in the
provision of frequently or recurrently needed services of a personal nature.
Typical uses include beauty and barber shops; grooming of pets;
seamstresses, tailors, or shoe repairs; florists; and laundromats and dry
cleaning stations serving individuals and households.
Real estate office, temporary.\ A class A or B manufactured home, single-
family home or other structure used on a temporary basis as a real estate sales
office in conjunction with residential development.
Recreational vehicle sales and service.\ Retail sales of recreational vehicles
and boats, including service and storage of vehicles and parts and related
accessories.
Restaurant, drive-in fast food.\ An establishment primarily engaged in the
preparation of food and beverages, for either take-out, delivery or table
service, primarily served in disposable containers at a counter, a drive-up or
drive-through service facility or offers curb service.
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Restaurant, general.\ An establishment engaged in the preparation of food
and beverages. This use is characterized by table service to customers in
nondisposable containers.
Retail sales.\ Sale or rental with incidental service of goods and merchandise
for personal or household use which is not otherwise specifically described in
the listing of commercial use types contained herein. Such uses include
bakeries, drug stores, bookstores, furniture, gifts, hardware, grocery stores,
clothing stores, and floral retail shops.
Studio, fine arts.\ A building, or portion thereof, used as a place of business
for visual art, which may include sculptors, artists or photographers.
Taxidermy.\ A building where animal skins are prepared, stuffed and
mounted for sale.
Truck stop.\ An establishment containing a mixture of uses which cater to the
traveling public and in particular motor freight operators. A truck stop might
include such uses as fuel pumps, restaurants, overnight accommodations,
retail sales related to the motor freight industry, and similar uses.
Truck terminal.\ See "warehousing and distribution" listed under industrial
use types.
Veterinary hospital/clinic.\ Any establishment rendering surgical and medical
treatment of animals. Boarding of animals shall only be conducted indoors,
on a short-term basis, and shall only be incidental to such hospital/clinic use,
unless also authorized and approved as a commercial kennel. (7-7-05; 8-21-
08; 12-18-08; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-4-C, 4-18-13.)
Sec. 3-7000. Industrial use types.
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Abattoir or livestock processing.\ The use of land for the slaughter of
livestock, including cattle, sheep, swine, goats and poultry, as a service, and
from which there is sold no meat or other product of such slaughter other
than materials generally considered inedible for humans and which are
generated as waste and/or by-products of such slaughter, including, but not
limited to, blood, bones, viscera, hides, etc., which may be sold for purposes
of removal from site.
Asphalt plant.\ An establishment engaged in manufacturing or mixing of
paving materials derived from asphaltic mixtures of tar.
Brewery, distillery, cidery.\ An establishment for the production and
packaging of alcoholic beverages, such as beer, liquor, cider, mead, etc., for
distribution, retail or wholesale, on-premises or off-premises, and which
meets all Virginia Alcoholic Beverage Control laws and regulations. The
facility may include other accessory uses such as retail sales, tasting rooms,
restaurants, etc., as permitted in the district and as long as the accessory uses
do not exceed the primary use in floor area or value.
Construction yard.\ Establishments housing facilities of businesses primarily
engaged in construction activities, including the outside storage of materials
and equipment used for the business operations. Typical uses may include
site work companies to include excavating and grading activities, roadway
construction and utility infrastructure companies, and other heavy
construction companies.
Convenience center.\ A government-operated facility used for the collection
of trash, garbage, and rubbish, including receptacles for the collection and
storage of recyclable materials.
Custom manufacturing.\ Establishments primarily engaged in the on-site
production of goods by hand manufacturing, within enclosed structures,
involving the use of hand tools, and the use of mechanical equipment
commonly associated with residential or commercial uses or a single kiln.
Typical uses would include pottery, cabinet or woodwork shops.
Industry, Type I.\ Enterprises engaged in the processing, manufacturing,
compounding, assembly, packaging, treatment or fabrication of materials and
products, from processed or previously manufactured materials. Included
would be assembly of electrical appliances, bottling and printing plants, and
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the manufacturing of paint, oils, pharmaceuticals, cosmetics, solvents and
other chemicals, production of items made of stone, metal or concrete.
Industry, Type II.\ Enterprises in which goods are generally mass produced
from raw materials on a large scale through use of an assembly line or similar
process, usually for sale to wholesalers or other industrial or manufacturing
uses. Included in this use type are industries involved in processing and/or
refining raw material such as chemicals, rubber, wood or wood pulp, forging,
casting, melting, refining, extruding, rolling, drawing, and/or alloying ferrous
metals, and the production of large durable goods such as automobiles,
manufactured homes, or other motor vehicles.
Industry, Type III.\ An establishment which has the potential to be dangerous
or extremely obnoxious. Included are those in which explosives are stored,
petroleum is refined, natural and liquid and other petroleum derivatives are
stored and/or distributed in bulk, radioactive materials are compounded,
pesticides, fertilizers and certain acids are manufactured, and hazardous
waste is treated or stored as the establishment's principal activity.
Landfill, industrial.\ The use of land for the legal disposal of specific
industrial waste which is a by-product of a manufacturing or production
process.
Landfill, rubble.\ The use of land for the legal disposal of construction and
demolition wastes consisting of lumber, wire, sheetrock, broken brick,
shingles, glass, pipes, concrete, metals and plastic associated with
construction and wastes from land-clearing operations consisting of stumps,
wood, brush, and leaves.
Landfill, sanitary.\ The use of land for the legal disposal of municipal solid
waste derived from households, business and institutional establishments,
including garbage, trash, and rubbish, and from industrial establishments,
other than hazardous wastes as described by the Virginia Hazardous Waste
Regulations.
Meatpacking.\ The processing of meat products and by-products directly
from animals or offal from dead animals.
Recycling center.\ A privately operated facility for the collection and storage
of recyclable materials designed and labeled separately for citizens to
21
voluntarily take source materials for recycling.
Resource extraction.\ A use involving on-site extraction of surface or
subsurface mineral products or natural resources. Typical uses are quarries,
borrow pits, sand and gravel operation, mining, and soil mining. Specifically
excluded from this use type shall be grading and removal of dirt associated
with an approved site plan or subdivision, or excavations associated with, and
for the improvement of, a bona fide agricultural use.
Scrap and salvage service.\ Any lot or place engaged in the storage, sale,
dismantling or other processing or uses of waste materials which are not
intended for reuse in their original forms. Typical uses include paper and
metal salvage yards, automotive wrecking yards, junkyards, used tire storage
yards, or retail and/or wholesale sales of used automobile parts and supplies.
(See also the definitions of automobile wrecking yard and junkyard in section
2-1002.)
Shipping container.\ Primarily a metal container used to pack, ship and store
goods. On land they are kept in shipping or storage yards.
Transfer station.\ Any storage or collection facility which is operated as a
relay point for municipal solid waste which ultimately is transferred to a
landfill.
Warehousing and distribution.\ Uses including storage, warehousing and
dispatching of goods within enclosed structures, or outdoors. Typical uses
include wholesale distributors, storage warehouses, truck terminals and
moving/storage firms. (7-7-05; 12-18-06; Ord. No. 2012-10-C, 10-18-12.)
Sec. 4-9003. Conditional uses.
The following uses are allowed only by conditional use permit pursuant to
section 1-1017. An asterisk (*) indicates additional, modified or more
stringent standards which are listed in section 5-5000, supplementary use
regulations, for those specific uses.
A. Agricultural uses:
* Forestry operation
• Timbering
22
B. Residential uses:
Group home
* Multifamily dwelling
C. Civic uses:
* Adult care center
* Cemetery
• Public
* Child care center
Club
Cultural service
Public assembly
* Utility service/major
D. Office uses:
Laboratory
E. Commercial uses:
Business or trade school
Car wash
Commercial indoor amusement
Commercial indoor entertainment
* Commercial outdoor swimming pool and tennis facility
* Contractor office and storage facility
* Convenience store
* Crematorium
* Garden center
* Gasoline station
* Golf course
Hospital
Hospital, special care
Hotels/motels/motor lodge/inn
* Kennel, commercial
* Marina
Medical clinic
* Micro-brewery, distillery, cidery
23
* Motor vehicle repair service/minor
* Restaurant, drive-in fast food
Restaurant general
Retail sales
Studio, fine arts
F. Industrial uses:
* Construction yard
Custom manufacturing
* Landfill, rubble
G. Miscellaneous uses:
* Communication tower
Parking facility, surface/structure
* Reconstructed wetland
(7-7-05; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-2-C, 4-18-
13.)
Sec. 4-10002. Permitted uses.
The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk (*) indicates additional,
modified or more stringent standards which are listed in section 5-5000,
supplementary use regulations, for those specific uses.
A. Agricultural uses:
Agriculture
• Assembly and repair of farm equipment
Farmer's market
* Forestry operation
• Forestry, silvicultural
B. Residential uses:
* Accessory apartment
• Commercial accessory apartment
B. Civic uses:
Administrative service
24
Adult care center
* Child care center
* Child care institution
Club
* Community center
Crisis center
Cultural service
Life care facility
* Nursing home
Park and ride facility
Post office
Public assembly
* Public park and recreational area
Public safety service
Rehabilitation service
* Utility service/minor
D. Office uses:
Financial institution
General office
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
• Farm and forestry implement storage, sales and service
* Antique shop
Auction establishment
* Bed and breakfast
Business support service
Business or trade school
Commercial indoor amusement
Commercial indoor entertainment
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* Commercial indoor sports and recreation
* Construction office, temporary
Construction sales and service
* Contractor office and storage facility
* Funeral home
* Garden center
* Golf course
Hospital
Hotel/motel/motor lodge/inn
Lawn and garden services
* Marina
Medical clinic
* Micro-brewery, distillery, cidery
* Motor vehicle dealership/new
* Motor vehicle parts/supply and retail
* Motor vehicle/ rental
* Motor vehicle repair service/minor
Pawn shop
Personal improvement service
Personal service
* Restaurant, drive-in fast food
Restaurant, general
Retail sales
Studio, fine arts
Taxidermy
Veterinary hospital/clinic
F. Industrial uses:
* Construction yard
Custom manufacturing
G. Miscellaneous uses:
* Amateur radio tower
(7-7-05; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-2-C, 4-18-
13.)
26
Sec. 4-11002. Permitted uses.
The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk (*) indicates
additional, modified or more stringent standards which are listed in section
5-5000, supplementary use regulations, for those specific uses.
A. Agricultural uses:
Agriculture
• Assembly and repair of farm equipment
* Forestry operation
• Forestry, silvicultural
B. Civic uses:
* Adult care center
* Child care center
Park and ride facility
* Public maintenance and service facility
Public safety service
* Utility service/minor
C. Office uses:
General office
Laboratory
D. Commercial uses:
Agricultural service
• Commercial assembly and repair of all equipment normally
used in agricultural, silvicultural, and horticultural operation
Business or trade school
Car wash
* Commercial indoor sports and recreation
* Construction office, temporary
* Contractor office and storage facility
Equipment sales and rental
* Garden center
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Laundry
Lawn and garden services
* Micro-brewery, distillery, cidery
* Miniwarehouse
Motor vehicle/outdoor storage
* Motor vehicle/rental
* Motor vehicle repair service/major
Retail sales
Truck stop
E. Industrial uses:
Brewery, distillery, cidery
* Construction yard
Convenience center
Custom manufacturing
Industry, Type I
* Recycling center/transfer station
Warehousing and distribution
F. Miscellaneous uses:
* Amateur radio tower
(7-7-5; Ord. No. 2012-10-C, 10-18-12; 3-20-14.)
Sec. 4-12002. Permitted uses.
The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk (*) indicates
additional, modified or more stringent standards which are listed in section
5-5000, supplementary use regulations, for those specific uses.
A. Agricultural uses:
Agriculture
• Fertilizer storage
• Assembly and repair of storage equipment
* Forestry operation
• Forestry, silvicultural
B. Civic uses:
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* Adult care center
* Child care center
Park and ride facility
* Public maintenance and service facility
Public safety service
* Utility service/minor
C. Office uses:
Laboratory
D. Commercial uses:
* Adult entertainment establishment
Agricultural service
• Commercial assembly and repair of all equipment normally
used in agricultural, silvicultural, and horticultural operation
* Construction office, temporary
* Contractor office and storage facility
Equipment sales and rental
Laundry
Lawn and garden services
* Micro-brewery, distillery, cidery
* Miniwarehouse
Motor vehicle/outdoor storage
* Motor vehicle repair service/major
E. Industrial uses:
Brewery, distillery, cidery
* Construction yard
Convenience center
Custom manufacturing
Industry, Type I
Industry, Type II
Meatpacking
* Recycling center
* Shipping container
Transfer station
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Warehousing and distribution
F. Miscellaneous uses:
* Amateur radio tower
(7-7-05; 8-21-06; Ord. No. 2012-10-C, 10-18-12.)
Sec. 4-13002. Permitted uses.
The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk (*) indicates additional,
modified or more stringent standards which are listed in section 5-5000,
supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Forestry operation
• Silvicultural, forestry
• Timbering
* Sawmill
B. Civic uses:
* Adult care center
* Child care center
Park and ride facility
Public safety service
* Utility facility/minor
C. Office uses:
General office
D. Commercial uses:
* Construction office, temporary
* Constractor office and storage facility
* Micro-brewery, distillery, cidery
* Miniwarehouse
Motor vehicle/outdoor storage
E. Industrial uses:
* Abattoir or livestock processing
Brewery, distillery, cidery
Industry, Type I
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Industry, Type II
Meatpacking
Warehousing and distribution
F. Miscellaneous uses:
* Amateur radio tower
(7-7-05; Ord. No. 2012-10-C, 10-18-12.)
Sec. 4-17002. Permitted uses.
The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk (*) indicates
additional, modified or more stringent standards which are listed in section
5-5000, supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Forestry operation
• Forestry, silvicultural
B. Civic uses:
* Adult care center
* Child care center
* Community center
Park and ride facility
Post office
Public assembly
* Public maintenance and service facility
Public safety service
* Utility service/minor
C. Office uses:
Financial institution
General office
Medical office
C. Commercial uses:
Agricultural service
• Farm supplies, equipment sales and service
* Antique shop
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Business support service
Commercial indoor entertainment
* Commercial indoor sports and recreation
* Construction office, temporary
* Contractor office and storage facility
* Funeral home
* Gasoline station
* Golf course
Hotel/motel/motor lodge/inn
* Marina
* Micro-brewery, distillery, cidery
* Mini-warehouse
* Motor vehicle dealership/new
* Motor vehicle parts/supply, retail
* Motor vehicle/rental
Personal improvement service
Personal service
* Restaurant, drive-in fast food
Restaurant, general
Retail sales
Studio, fine arts
Veterinary hospital/clinic
E. Miscellaneous uses:
* Amateur radio tower
(7-7-05; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-2-C, 4-18-
13.)
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.
32
A. Agricultural uses:
* Forestry operation
• Forestry, silvicultural
B. Residential uses:
* Accessory apartment
• Commercial accessory apartment
* Community recreation
* Condominium
Dwelling, single-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
* Micro-brewery, distillery, cidery
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* 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. 4-19002. 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:
* Agriculture
• Fertilizer storage
• Assembly and repair of farm equipment
* Forestry operation
• Forestry, silvicultural
B. Civic uses:
Park and ride facility
* Public maintenance and service facility
Public safety service
* Utility service/major
* Utility service/minor
C. Office uses:
Laboratory
D. Commercial uses:
34
Agricultural service
• Farm supplies, equipment sales and service
• Commercial assembly and repair of all equipment normally
used in agricultural, silvicultural, and horticultural operation
Business support service
* Construction office, temporary
* Contractor office and storage facility
* Convenience store
Equipment sales and rental
* Gasoline station
Laundry
Lawn and garden services
* Marina
* Micro-brewery, distillery, cidery
* Mini-warehouse
* Motor vehicle parts/supply, retail
* Motor vehicle/rental
* Motor vehicle repair service/major
* Motor vehicle repair service/minor
Personal improvement service
Personal service
* Restaurant, drive-in fast food
Restaurant, general
E. Industrial uses:
Brewery, distillery, cidery
* Construction yard
Custom manufacturing
Industry, Type I
Industry, Type II
Meatpacking
Transfer station
Warehousing and distribution
F. Miscellaneous uses:
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* Amateur radio tower
Parking facility, surface/structure
(7-7-05; 8-21-06; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-2-C,
4-18-13.)
Sec. 5-5005. Supplementary use regulations for commercial use types.
A. Adult entertainment establishment. ..... An adult entertainment
establishment shall be permitted where the zoning district(s) regulation(s)
identifies such uses subject to the following standards:
1. No such regulated use shall be permitted:
a. Within one (1) mile of any other existing adult entertainment
establishment; and
b. Within one (1) mile of any residential zoning district, planned
development residential district;
c. Within one (1) mile of any of the following uses:
i. Child care institution, child care center, place of religious
assembly, or establishment that sells religious articles or
religious apparel;
ii. Primary or secondary educational facility, and their adjunct
play areas; and
iii. Community recreation, public parks and recreational areas, or
cultural services.
The separation and distances specified in this subsection shall be
measured from property lines, or in the case of zoning districts, from
the outward boundary of that district.
2. Signs and other visible messages. Adult entertainment establishments
shall be permitted to have signs and visible messages based on the
allowable sign area of the zoning district in which they are located,
provided:
a. Signs.
i. Sign messages shall be limited to verbal description of material
or services available on the premises.
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ii. Sign messages may not include any graphic or pictorial
depiction of material or services available on the premises.
b. Other visible messages.
i. Messages which are visible or intended to be visible from
outside the property (such as on or within doors or windows)
shall not display materials, items, publications, pictures, films,
or printed material available on the premises; or pictures, films,
or live presentations of persons performing or services offered
on the premises.
3. Discontinuance of operation. Should a use defined as an adult
entertainment establishment cease or discontinue operation for a
period of ninety (90) or more consecutive days, it may not resume, nor
be replaced by any other adult entertainment establishment unless it
complies with the requirements set forth above.
B. Antique shop.
1. The following shall apply to all antique shops:
a. The outdoor display of goods or merchandise for sale shall be
prohibited.
2. The following shall apply in the RAC and VC zoning districts:
a. The use of an existing structure shall be permitted provided
adequate off-street parking is provided in accordance with this
ordinance.
b. Direct access to the property shall be provided from a publicly
owned and maintained road, and use of a private road in
conducting this business, other than a driveway for sole use of the
owner/occupant of the property, shall be prohibited.
C. Bed and breakfast. ..... Bed and breakfasts shall comply with the
following standards:
1. Maximum number of guest bedrooms: Five (5);
2. Maximum number of guests at any one (1) time: Fifteen (15);
3. No paying guest shall stay on any one (1) visit for more than fourteen
(14) consecutive nights;
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4. One (1) off-street parking space for each guest bedroom shall be
provided in a side or rear yard;
5. Meal service is limited to one (1) daily meal between 6:00 a.m. and
11:00 a.m. per paying overnight guest and is subject to approval by
the Isle of Wight County Health Department for food preparation; and
6. At least one (1) operator of the bed and breakfast shall reside on the
premises or on an adjacent premises.
D. Campground. ..... All campgrounds shall meet the following
requirements:
1. Campground area.
a. Minimum lot area: Ten (10) acres.
b. Minimum lot frontage: One hundred fifty (150) feet abutting a
public highway, road, or other public right-of-way, unless
otherwise approved by the board of supervisors.
2. Camping site density.
a. The density of campsites in a campground shall not exceed an
average of fifteen (15) campsites per acre of the developed portion
of the campground, inclusive of service roads, toilet facilities, and
service buildings.
b. Each camping site shall provide a minimum of nine hundred (900)
square feet.
c. The camping site shall either provide a parking space for one (1)
motor vehicle that will not interfere with the convenient and safe
movement of traffic, or provide equivalent parking of one (1)
parking space per camping site in a central area.
3. Setbacks.
a. Minimum setback of all camping sites or pads from:
i. Adjacent property lines and public or street rights-of-way: One
hundred (100) feet.
ii. Any residence of adjacent property owners: Three hundred
(300) feet.
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iii. All interior roads and from each other: Twenty (20) feet.
4. Roads.
a. Interior roads shall be constructed of a minimum of six (6) inches
of gravel and be twenty (20) feet wide, except that one-way roads
may have a minimum width of ten (10) feet.
b. Campgrounds shall be provided with safe and convenient
vehicular access from abutting public streets or roads.
c. Connections of campgrounds with public streets or roads shall
conform to the applicable design standards as required by the
Virginia Department of Transportation (VDOT).
5. Water and sewer. ..... Each campsite shall have an available water
supply and sewage disposal facilities as may be required by the
appropriate state and county agencies. Whenever public water and/or
sewer systems are available, such systems shall be used.
a. Service buildings. Each campground shall provide conveniently
located service building(s) which shall contain the following
minimum equipment for each twenty (20) campsites within the
campground:
i. One (1) flush type toilet,
ii. One (1) lavatory, and
iii. One (1) shower with hot and cold running water for males; and
one (1) of each for females.
Such equipment shall be in accordance with county and state codes.
All portions of the structure shall be properly protected from damage
by ordinary uses and by decay, corrosion, termites, and other
destructive elements. Exterior portions shall be of such material and
be so constructed and protected as to prevent entrance or penetration
of moisture and weather.
6. Recreation area. ..... A minimum of fifty percent (50%) of the total
campground shall be reserved for open space and developed
recreational area and shall not include any land required for individual
campsites, roads or service area.
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7. Fire protection. ..... Each campground shall provide such fire
protection equipment as may be recommended by the local fire
department. During installation of electrical service facilities for the
campground, the department of inspections shall inspect and approve
the installed electrical systems. A certificate of approval shall be
displayed in the electrical service equipment area and a copy shall be
provided to the zoning administrator.
Additional regulations required to ensure the campground is protected
from fire:
a. Campgrounds shall be kept free of litter, rubbish, and other
flammable materials.
b. Portable fire extinguishers rated for class A, B, and C shall be kept
in service buildings and at other locations conveniently and readily
accessible for use by all occupants and shall be maintained in good
operating condition. Their capacity shall not be less than required
by applicable codes.
c. Fires shall be made only in stoves, incinerators, and other
equipment intended for such purposes.
8. Site plan. ..... A site plan shall be submitted for all campgrounds.
9. Time restrictions. ..... No recreational vehicle or camping trailer shall
be used as a permanent residence and no individual unit shall be
continually occupied in any location for a period of more than sixty
(60) days within the period of one (1) year from the date it was first
brought into the community.
10. Special conditions. ..... Campgrounds shall follow the regulations set
forth in section 1-1017 for conditional uses.
E. Campground, workforce
1. Intent
The workforce campground, in contrast to a recreational campground,
is to provide small scaled facilities in discrete rural areas of the County to
accommodate the workforce associated with the Surry Nuclear Power Plant
and similar facilities during outages, which require skilled and semi-skilled
labor to seek temporary short term housing in the community.
40
2. General standards:
a. Minimum Lot Size: 5 acres
b. The maximum number of campsites shall be ten sites.
c. No campsite shall be located within 200 feet of single-
family residence located on an adjoining property, other
than the residence of the owner/operator of the
campground.
d. Health Department approval shall be obtained for the
campground and sewage disposal system. Any form of
sewage disposal may be approved by the Health, unless
otherwise specifically addressed by this ordinance,
provided there is no assumption of liability on Isle of Wight
County without the express approval of the Board of
Supervisors.
e. Access to campsites shall be provided by a 10 foot all
weather road suitable for volume and characteristics of the
vehicles typical of a campground.
f. The property on which the workforce campground is
located shall have direct access to a public road, or if a
private road is used for access, all of the property owners
having access rights to the private road shall provide a
written authorization for the use of the private road for a
workforce campground.
g. The maximum length of continuous occupancy in the same
campground shall be no more than 120 days. The Zoning
Administrator has the authority to extend occupancy in the
campground as necessary consistent with outage
operations. Maximum occupancy shall not be
circumvented by removal of units for brief periods of time,
as is determined by the Zoning Administrator.
h. The location of the campgrounds, the condition of the site
and the nature of surrounding land uses shall be such that
loss of farmland and adverse impact on surrounding
property will be minimal. In general, a wooded site or
41
partially wooded site is to be preferred to an open site in
order to preserve farmland, reduce visual impact on
development and provide an attractive environment within
the campground.
i. The overall design shall evidence a reasonable effort to
preserve the natural amenities of the site, including wooded
areas, steep slopes, bluffs, wetlands, beaches, and bodies of
water. Special emphasis shall be given to preservation of
mature trees and landscaping of areas which must be
cleared.
j. The conditional use permit, if approved, shall initially be
issued for a period not to exceed five (5) years. Renewal of
the permit shall be obtained prior to the expiration of the
initial five (5) years, after which a permit may be issued for
a period of not more than ten (10) years.
F. Commercial equip repair, accessory to dwelling.
1. The operation and use shall not occupy a building larger than
2,000 square feet.
2. Outdoor storage shall be prohibited.
G. Commercial indoor sports and recreation.
1. Where an indoor shooting range is proposed, the following additional
criteria shall apply:
a. The application shall be referred to the county sheriff's office for
review and comment. Such use shall be designed to eliminate all
danger from flying projectiles, as deemed necessary by the county
sheriff.
b. The building and site shall be designed to eliminate any excessive
noise, above what would be customary and typical for the location
without an indoor shooting range.
H. Commercial outdoor entertainment/sports and recreation.
1. The following shall apply to all such uses:
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a. All principal buildings and structures and all intensively active
areas associated with this use shall comply with the height,
coverage, and setback regulations for the district in which they are
located.
b. The provision of food, refreshments, and entertainment as an
accessory use to the principal use shall be permitted, provided
such activity shall not create additional demand on on-site
facilities, including parking, access, utilities, etc.
c. All outdoor lighting shall be located, shielded, landscaped, or
otherwise buffered so that no direct light shall constitute an
intrusion into any residential area.
I. Commercial outdoor swimming pool and tennis facility. ..... Commercial
swimming pools or tennis facilities, including accessory buildings, may
be allowed when consistent with zoning district regulations upon a
finding by the board of supervisors with a recommendation from the
planning commission that such a use will not create excessive traffic,
noise, or physical activity, provided that the following minimum area,
frontage, and setback requirements shall be complied with:
1. Minimum area is five (5) acres;
2. Minimum frontage of two hundred (200) feet on a public road;
3. Swimming pools, tennis courts, recreation areas, and buildings shall
be at least two hundred (200) feet from any adjacent residential zone;
4. Setbacks for swimming pools and tennis facilities shall be fifty (50)
feet from the front property line, thirty-five (35) feet from the rear
line, and twenty-five (25) feet from each side property line in all
zones; and
5. Where a community recreation facility is proposed to be converted to
this use, the planning commission and board of supervisors may vary
the area and setback requirements above, provided that alternative
methods of protecting adjoining properties are required as conditions
of the conditional use permit.
J. Construction office, temporary.
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1. Temporary construction offices, including trailers, may be used on
construction sites provided that such structures shall be removed from
the subject property within thirty (30) days of:
a. The superintendent of inspections issuing a certificate of
occupancy for building construction;
b. For a residential subdivision, upon completion of infrastructure
and site improvements; or
c. The expiration of the building or zoning permit, whichever was
last issued, for the property.
Upon written request, the zoning administrator may grant a
reasonable extension of time based on extenuating circumstances
related to the character and complexity of the construction project.
K. Contractor office and storage facility. ..... All materials stored on the
property shall be placed either indoors or in a storage yard. The storage
yard shall be fully screened from public view and shall be set back at least
one hundred (100) feet from any adjoining residential district, in addition
to meeting the landscaping zone requirements of article VIII.
L. Convenience store.
1. The following standards shall apply to all convenience stores:
a. When gasoline is sold, all requirements for a gasoline station shall
be met as set forth in subsection 5-5005.O., the supplementary use
standards for a gasoline station.
b. The outdoor display of goods for sale shall be prohibited.
M. Crematorium. ..... A crematorium may be permitted where indicated in
the zoning district(s) regulation(s).
1. Any crematorium shall be located at least two hundred (200) feet from
any residential lot line.
2. The proposed location is compatible with adjacent land uses, existing
or proposed highways, and other elements or factors deemed to affect
the public health, safety, and welfare of the inhabitants of such
district.
N. Flea market.
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1. The following shall apply to all flea markets:
a. All areas designated and used for the display and/or sale of
merchandise shall be shown on a site plan approved by the county.
All such areas shall be under a roof or in permanently designated
areas. Use of any area not shown for such use on the approved site
plan, including parking areas for incidental sales, shall constitute a
violation of this ordinance.
b. All outdoor areas used for the display and/or sale of merchandise
shall be located seventy (70) feet from any street. Merchandise
shall be removed from outdoor display areas on a daily basis,
including any temporary structures used in the display or sale of
the merchandise.
c. Regular refuse disposal shall be required and the property shall be
kept free of litter, rubbish, and all other materials.
2. Any tractor trailers, shipping containers, storage buildings, and similar
facilities or structures are prohibited.
3. Flea markets shall not be approved where their location would
contribute to the depreciation of the business district or disrupt the
stability of the business district.
O. Funeral home (as a conditional use).
1. The use of a tract or parcel of land or buildings for a funeral home
may be allowed when identified in the zoning district(s) regulation(s)
as a conditional use upon a finding by the board of supervisors with a
recommendation by the planning commission that:
2. The use will not create excessive noise, traffic, or type of a physical
activity.
3. Special conditions, such as provisions for additional fencing or
planting or other landscaping, additional setback from property lines,
location, arrangement of lighting and parking areas, and other
reasonable requirements deemed necessary to safeguard the general
community interest and welfare, may be invoked by the board of
supervisors with a recommendation from the planning commission as
requisites to the granting of a conditional use.
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P. Garden center. ..... A garden center shall comply with the following:
1. All buildings and outdoor storage areas shall be at least fifty (50) feet
from any property line, except:
a. Plant materials may be stored or displayed in the front yard no
closer than thirty-five (35) [feet] from a street. The display of
equipment, tools or bagged and bulk materials in the front yard
shall be prohibited.
2. All materials stored on site that produce odors or attract pests or other
vermin shall be effectively covered or otherwise managed to
effectively eliminate any nuisance of such storage.
3. The outdoor storage of garden tools, bulk or bag materials, and similar
items shall only be allowed within a fully screened storage area.
Q. Gasoline station.
1. The following shall be required for all gasoline station uses:
a. In addition to the buffer zone planting requirements of article VIII,
screening with a solid, durable wall or a substantial, solid fence,
not less than six (6) feet in height shall be provided in the buffer
zone. Required buffer zone plantings shall be located between the
solid screen and the adjacent properties. Such additional screening
may be waived by the board of supervisors when the natural
terrain or existing vegetation provides an effective buffer.
b. Signs, product displays, parked vehicles, and other obstructions
that would adversely affect visibility at any intersection or
driveway shall be prohibited.
c. Lighting, including permitted illuminated signs, shall be arranged
so as not to reflect or cause glare in any residential zone or upon
the adjacent roadway. See article XI.
d. Gasoline pumps or other service appliances shall be located on the
lot at least ten (10) feet behind the building line, and all service,
storage, or similar activities in connection with such use shall be
conducted entirely within the building.
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e. There shall be at least twenty (20) feet between driveways on each
street and all driveways shall be perpendicular to the curb or street
line.
f. Light motor vehicle repair work may be done at a motor vehicle
fuel and service station, provided that no major repairs, spray paint
operation, or body or fender repair are permitted.
g. Motor vehicles shall not be parked so as to overhang the public
right-of-way.
h. A motor vehicle storage lot containing no more than three
thousand five hundred (3,500) square feet may be permitted for
use in connection with a towing operation. Such storage shall be
screened from public view as specified in article VIII, and shall
not be for the storage of inoperable, unlicensed, or unregistered
motor vehicles.
i. When such use occupies a corner lot, the location of egress and
ingress driveways shall be in compliance with any and all
applicable standards of the Virginia Department of Transportation.
Such driveways shall not exceed the applicable commercial
entrance standards or requirements of the Virginia Department of
Transportation.
j. The canopy of a gasoline station shall not exceed fifteen (15) feet
in height measured from the bottom of the canopy to the paved
surface of the fueling lane, shall have a double-pitched roof of no
less than 5:12, and shall be architecturally integrated with the
principle building.
k. The canopy shall utilize the same architectural elements and
building materials as the principle building.
l. In the event that a gas station is vacant for a period greater than
eighteen (18) months, the county shall require the owner of record
to provide suitable financial surety in an amount sufficient to
remove and dispose of any underground tanks plus ten percent
(10%). Absent such surety, the county may remove any such tanks
and place a lien on the property including all administration costs.
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R. Golf course/driving range. ..... Golf courses, including golf driving
ranges, shall comply with the following regulations:
1. The incidental provision of food, refreshments, and entertainment for
patrons and their guests may be allowed in connection with such use,
provided they do not draw an excessive amount of traffic through
local residential streets, and that their provision is subordinate to the
principal use.
2. All outdoor lighting shall be located, shielded, landscaped, or
otherwise buffered so that no direct light shall constitute an intrusion
into any residential area or adjacent streets.
3. If adjacent to single-family residential use all buildings and parking
shall meet a minimum setback of one hundred (100) feet from the
property line.
4. Adequate netting, screening, or other similar devices shall be installed
around the golf ball landing area to ensure golf balls don't land beyond
the subject property lines or negatively impact any adjoining
structures. The zoning administrator shall determine the adequacy of
the system used to keep golf balls within the golf ball landing area.
S. Kennel, commercial.
1. General standards:
a. Animal waste shall be disposed of in a manner applicable to all
federal, state and local laws and regulations.
b. Crematoria or land burial of animals in association with a
commercial kennel shall be prohibited.
2. Additional standards in the RAC district:
a. The minimum area required for a commercial kennel shall be two
(2) acres.
b. All facilities associated directly with the commercial kennel,
whether indoors or outdoors, shall be set back a minimum of one
hundred (100) feet from any property line, and shall meet the
screening zone requirements as specified in article VIII.
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c. The site shall front on and have direct access to a publicly owned
and maintained street.
3. Additional standards in the GC district:
a. All outdoor runs, training areas and pens associated with a
commercial kennel shall be set back a minimum of one hundred
(100) feet from any property line, and shall meet the screening
zone requirements as specified in article VIII.
T. Marina. ..... Marinas in the RAC, RR, VC, and NC districts in existence
as of the date of this ordinance may be expanded or enlarged without a
conditional use permit provided that all other site plan requirements are met.
U. Miniwarehouse. ..... A miniwarehouse may be permitted consistent with
the zoning district(s) regulation(s), provided:
1. The minimum lot size shall be three (3) acres.
2. All storage spaces shall be contained in individual enclosed stalls
containing no more than four hundred (400) square feet each and no
greater than ten (10) feet in height.
3. The following uses shall be prohibited:
a. Auctions by tenants, commercial wholesale or retail sales, or
miscellaneous or garage sales.
b. The servicing, repair or fabrication of motor vehicles, boats,
trailers, lawn mowers, appliances or other similar equipment.
c. The operation of power tools, spray-painting equipment, table
saws, lathes, compressors, welding equipment, kilns, or other
similar equipment.
d. The establishment of a transfer and storage business.
e. The storage or transfer of toxic, flammable, or otherwise
hazardous chemicals or similar substances, highly combustible,
explosive or hazardous materials regulated by local, state, or
federal law.
f. Residential uses (other than a resident manager's apartment).
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4. Outdoor storage areas shall be used for the storage of motor vehicles,
trailers, and recreational vehicles only and shall meet the screening
zone requirements of article VIII.
5. When adjoining properties are used or zoned for residential purposes:
a. Non-street-facing property lines shall be improved with a solid,
vinyl or wooden fence, or masonry wall along the entire length
(except for approved access crossings) a minimum of six (6) feet
in height, installed in addition to, and to the interior of, the
required buffer zone plantings specified in article VIII.
b. In addition to the required frontage zone plantings specified in
article VIII, street-facing property lines shall require a wooden
fence or masonry wall along the entire length (except for approved
access crossings) a minimum of six (6) feet in height. Said
improvements are to be located outside any public right-of-way
and interior to any required setback or frontage zone landscaping.
6. No security fencing, security gate or other obstruction to vehicle
access shall be permitted in the required front yard setback or in
any required buffer yard.
7. All interior driveways shall be at least twenty-six (26) feet wide
when cubicles open onto one (1) side only and at least thirty (30)
feet wide when cubicles open onto both sides to accommodate
loading and unloading at individual cubicles. Adequate turning
radiuses shall be provided, where appropriate, for a thirty-foot-
long single unit truck or moving van.
V. Micro-brewery, distillery, cidery. …..General Standards:
1. Activities related to the brewing/distilling process not within an
enclosed building shall meet the requirements of the Screening Zone as
set forth in Article VIII.
2. Tasting rooms, restaurants, retail space, and other uses shall not exceed
fifty percent (50%) of the floor area of the establishment.
W. Motor vehicle dealership, new.
1. General standards:
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a. Outdoor display areas in conjunction with automobile sales shall
be constructed of the same materials required for off-street parking
areas.
b. The storage and/or display of motor vehicles in the required
frontage zone, buffer, or planting strip along a right-of-way shall
be prohibited.
c. Exterior display or storage of new or used automobile parts is
prohibited.
d. All repair services shall take place within an enclosed structure.
e. Body and fender repair services are permitted provided:
i. The area devoted to such services does not exceed twenty
percent (20%) of the floor area.
ii. The repair facilities are at least one hundred fifty (150) feet
from any adjoining residential district.
iii. Any spray painting takes place within a structure designed for
that purpose and approved by the department of building
inspections.
iv. Any vehicle awaiting body repair or painting, or is missing
major mechanical or body parts, or has been substantially
damaged shall be placed in a storage yard. The storage yard
shall be fully screened from public view and shall be set back
at least one hundred (100) feet from any adjoining residential
district, in addition to meeting the landscaping zone
requirements of article VIII.
X. Motor vehicle dealership/used. ..... General standards:
1. Outdoor display areas in conjunction with automobile sales shall be
constructed of the same materials required for off-street parking areas.
2. The storage and/or display of motor vehicles in the required frontage
zone, buffer, or planting strip along a right-of-way shall be prohibited.
3. Exterior display or storage of new or used automobile parts is
prohibited.
4. All repair services shall take place within an enclosed structure.
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5. Any vehicle which is missing major mechanical or body parts or has
been substantially damaged shall be placed in a storage yard. The
storage yard shall be fully screened from public view and shall be set
back at least one hundred (100) feet from any adjoining residential
district, in addition to meeting the landscaping zone requirements of
article VIII.
Y. Motor vehicle parts/supply, retail. ..... General standards:
1. Exterior display or storage of new or used automobile parts is
prohibited.
2. Equipment and vehicles stored overnight on the premises shall be
behind the front building line or at least thirty-five (35) feet from the
public right-of-way, whichever is greater.
Z. Motor vehicle/rental. ..... General standards:
1. Unless otherwise permitted and approved, the conducting of any
major repairs, spray paint operation, body or fender repair, or sale of
gas shall be prohibited, except that not more than one (1) gasoline
pump shall be permitted, but only for the fueling of rental vehicles.
2. Vehicles shall be stored or parked in areas constructed of the same
materials required for off-street parking areas, and meeting the
landscaping requirements for parking zones.
3. When such a use abuts a residential zone or civic use, the use shall be
screened by a solid vinyl or wooden fence, or masonry wall not less
than six (6) feet in height.
4. Signs, product displays, parked vehicles, and other obstructions that
would adversely affect visibility at any intersection or driveway shall
be prohibited.
5. Lighting, including permanent illuminated signs, shall be arranged so
as not to reflect or to cause glare into any residential zone.
AA. Motor vehicle repair service/major. ..... General standards:
1. All vehicles stored on the premises in excess of seventy-two (72)
hours shall be placed in a storage yard. The storage yard shall be fully
screened from public view and shall be set back at least one hundred
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(100) feet from any adjoining residential district, in addition to
meeting the landscaping zone requirements of article VIII.
2. Body and fender repair services shall be subject to the following:
a. The repair facilities are at least one hundred fifty (150) feet from
any adjoining residential district.
b. Any spray painting takes place within a structure designed for that
purpose and approved by the department of building inspections.
c. Any vehicle awaiting body repair or painting, or is missing major
mechanical or body parts, or has been substantially damaged shall
be placed in a storage yard. The storage yard shall be fully
screened from public view and shall be set back at least one
hundred (100) feet from any adjoining residential district, in
addition to meeting the landscaping zone requirements of article
VIII.
d. Exterior display or storage of new or used automobile parts is
prohibited.
e. Direct access to the property shall be provided from a publicly
owned and maintained road, and use of a private road in
conducting this business, other than a driveway for sole use of the
owner/occupant of the property, shall be prohibited.
BB. Motor vehicle repair service/minor. ..... General standards:
1. Exterior display or storage of new or used automobile parts is
prohibited.
2. Equipment and vehicles stored overnight on the premises shall be
behind the front building line or at least thirty-five (35) feet from the
public right-of-way, whichever is greater.
CC. Restaurant, drive-in fast[food]. ..... General standards.
1. Such restaurants shall comply with the requirements for drive-through
facilities contained in subsection 5-1004.D, accessory uses, and
section 10-1013, stacking spaces and drive through facilities. (7-7-05;
Ord. No. 2012-10-C, 10-18-12.)
DD. Taxidermy…..General standards:
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1. Proper permitting and record retention shall be required through the
Commonwealth for stuffing and mounting birds and animals for
compensation or for sale, as provided for in Title 29.1.
2. Proper disposal of waste material to prevent potential disease
transmission is required by the following means, and without undue
delay:
a. Incinerating organic waste material in an approved incinerator,
not by open burning, even in a pit.
b. Placing organic waste material in a legal landfill using a covered
leakproof container for transport.
c. Use of animal remains for hunting and/or as an animal food
source shall be prohibited.
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
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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 spaces per 1 bedroom unit
2.25 spaces per 2 bedroom unit
2.5 spaces per 3 bedroom unit
1 visitor space for every 3 units
Dwelling, multifamily 2 spaces per 1 bedroom unit
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conversion 2.25 spaces per 2 bedroom unit
2.5 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, 2 spaces per dwelling
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Class C
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 spaces per 1 bedroom unit
2.25 spaces per 2 bedroom unit
2.5 spaces per 3 bedroom unit
1 visitor space for every 3 units
Townhouse 2 spaces per 1 bedroom unit
2.25 spaces per 2 bedroom unit
2.5 spaces per 3 bedroom unit
1 visitor space for every 3 units
Civic Use Types
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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
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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
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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
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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 1 space per 3 persons based on maximum
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amusement 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 1 space per 100 sq. ft. of water surface, and/or 4
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pool and tennis facility 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
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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
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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
65
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
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• 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
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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
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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, See schedule B
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outdoor
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.
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Schedule B
Specific requirements shall be determined by the zoning administrator based
on requirements for similar uses, location of the proposed use, expected
demand and traffic generated by the proposed use, and appropriate traffic
engineering and planning criteria and information. Determinations of
requirements may be appealed to the board of zoning appeals. (7-7-05, 3-20-
14.)
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
COUNTY ADMINISTRATOR’S REPORT
Donald T. Robertson, Director of Information Resources and Legislative
Affairs, provided an overview of the County’s proposed legislative issues and
was directed to return at the Board’s October meeting with 6-12 items which
represent the County’s priorities for inclusion in the 2015 legislative agenda
and for presentation to the Virginia General Assembly.
Arthur E. Berkley, Director of Inspections, briefed the Board on efforts taken
to create a singular, one-stop permitting process to allow developers, builders
and the general public to obtain permits for any activity within the three (3)
departments of Planning and Zoning, Inspections, Engineering and Economic
Development.
Judy H. Winslow, Director of Tourism, briefed the Board regarding a design
package developed by the Isle of Wight County Marketing Committee for
signage utilizing the new County logo and improving visibility and clarity at
the County complex.
Charles Meek, Assistant to the County Administrator, provided an overview
of proposed amendments to Chapters 2 and 8 of the County Policy Manual to
Provide for a Uniformed Capital Improvements Plan (CIP) Development
71
Process and the Elimination of Obsolete Policies Concerning Nonprofit
Funding Requests and Audiotaping of Public Meetings.
Supervisor Casteen moved that the amendments be adopted. The motion was
adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
Frank A. Haltom, Director of General Services, briefed the Board relative to
the terms of the Western Tidewater Water Authority Water Purchase
Agreements.
Andrea Clontz, Interim Director of Emergency Services, presented A
Resolution to Amend the County Policy Manual, Chapter 2, Article 2,
Section 2.2, County Fleet and Equipment Management for consideration.
Supervisor Casteen moved that the following Resolution be adopted as
revised:
CHAPTER 2, FINANCIAL AND ACCOUNTING
ARTICLE II
Capital Participation in Volunteer Fire and Rescue
Organization Projects
(Adopted August 1, 2000; Revised December 7, 2000)
Capital Improvements Plan (CIP) Development Process
(Adopted ____)
Section 2.0
Intent/Purpose
The purpose of this policy is to establish a formal process and guidelines for
the development of the County’s Capital Improvements Plan (CIP). The CIP
72
serves as a planning tool for the Board of Supervisors and provides a
mechanism for the planning and financing of major non-recurring needs. The
CIP shall be developed annually to plan for proposed public improvements to
be constructed and major equipment to be purchased during the next 10
years. The CIP is intended to accomplish the following objectives:
To build the facilities required to support the County’s public service
responsibilities.
To improve financial planning by comparing needs with resources,
estimating future bond issues and debt service, and identifying tax rate
implications.
To establish priorities among projects so that limited available funds are
used to the best advantage.
To plan public facility construction and major equipment purchases and
coordinate timing with public needs.
To support the physical development objectives contained in approved
County plans.
Section 2.1
Eligible Projects
The types of expenditures that will be included in the CIP must be
distinguished from expenditures that will remain part of the Operating
Budget. Generally, the classification of assets as capital versus operating can
be determined by two criteria: 1) Cost and 2) Useful Life.
1) Cost: Only those projects that are major and exceed $50,000 shall be
included in the CIP.
However, this shall not exclude replacement of items less than $50,000 when
included as a part of a larger project.
2) Useful Life: Only those projects that have a long service life estimated at
five (5) years or more. Expenditure items that are made annually, such as
salaries, office supplies, personal computers and software, office furniture,
routine maintenance and service contracts, or similar “soft” or non-durable
purchases are not appropriate to include in the capital program.
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To classify an item as either a capital or operating expenditure, the cost and
useful life criteria should be applied simultaneously.
Section 2.2
CIP Development Process
The CIP Development Process will begin in September of each year to address
in detail the five year plan and additional five year horizon for needed County
capital improvements.
The County Administrator will send out a CIP Request Package and
instructions to solicit CIP project requests from county departments and Isle of
Wight County Schools for the next 10 years.
The County Administrator will review the CIP requests and develop a
recommended CIP with the input of departments. Once completed, the County
Administrator’s recommended CIP will be forwarded to the Planning
Commission.
The Planning Commission will review the County Administrator’s
recommended CIP, direct any edits, and forward the document to the Board of
Supervisors.
The Board of Supervisors will review the Planning Commission recommended
CIP, hold a public hearing, make any necessary edits and adopt the CIP.
The first year of the adopted CIP, subject to funding availability, will be
incorporated into the County Administrator’s Proposed Annual Operating and
Capital Budget.
a. All requests for capital funding participation must be presented by the
individual Fire and Rescue Department to the Fire and Rescue
Association and receive a recommendation for funding to include an
amount and proposed timetable for submission in the Capital
Improvements Plan (CIP).
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b. All requests for submission in the CIP shall be presented to the CIP
Subcommittee of the Planning Commission by the President of the Fire
and Rescue Association and the Director of Emergency Management.
c. The adopted Capital Improvement Plan does not constitute funding
approval by the Board of Supervisors. As such, all projects approved in
the CIP must be funded by an appropriation in the Capital Budget prior
to project implementation.
d. The Virginia Public Procurement Act and the Isle of Wight County
Procurement Policy shall be adhered to and complied with for all
County funded Fire and Rescue projects. Prior to the purchases, the
Isle of Wight County Volunteer Fire and Rescue Association shall be
consulted for needs, specifications, potential bidders, and prior to
acceptance of any bid. Project management shall be performed jointly
by the individual Fire and Rescue Association and the Director of
Emergency Management.
e. The County shall maintain ownership of all County funded Real Estate
projects and insure same on the County’s Property and Casualty
Insurance Policy.
CHAPTER 2, FINANCIAL AND ACCOUNTING
ARTICLE III
Request for Funding Sponsorship
(Adopted August 19, 1999)
Non-Profit Funding Requests
(Adopted January 16, 2014)
Section 3.0
Intent/Purpose
75
The purpose of this policy is to establish a formal process and guidelines for
nonprofit organizations to make funding requests to the County for the
provision of services that will benefit citizens of Isle of Wight County.
Section 3.1
General
The County Administrator is authorized to accept funding requests as part of
the annual operating budget development process. The County Administrator
will establish, each year, an application package and due date for nonprofit
organizations that wish to be considered for funding as part of the County’s
annual operating budget. Applications will be considered from established
501(c)(3) nonprofit organizations that provide services to the citizens of Isle
of Wight County that are more comprehensive in nature or would not
otherwise be made available by the County Government.
Section 3.2
Application Process
a. An application package will be made available for download
by interested nonprofit organizations on the County’s website and
upon request from the County Administrator’s Office.
b. As part of the application package, applicants will be required
to submit the following information:
501(c)(3) IRS Determination Letter
List of Current Board of Directors to include residential status
Current Year’s Adopted Operating Budget
Most Recent Audited Financial Statements and Audit Report
Other relevant service statistics as deemed appropriate
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c. In order to be considered for funding, all application forms
and required attachments must be delivered to the County
Administrator’s Office before the established due date and time.
Section 3.3
Evaluation Criteria
Section 3.3.1
Evaluation Criteria for Nonprofit Organizations Other Than Volunteer
Fire & Rescue Organizations
All applications will be reviewed and evaluated based on the following
criteria:
Evaluation Criteria Total Eligible
Points
Nature of service provided aligns with local government
purpose
25
Demonstrated prudent financial management including
prepared budget plans and operations absent of material
audit findings
20
Capacity of the organization/feasibility of the project,
program, or service
15
Percent of local contribution requested to the percentage
of the local customer base to be served
15
County contribution leverages a multiplied funding
match in services to Isle of Wight County residents
10
Achievement of prior year goals and objectives
supported by County funding assistance
10
Board membership representation proportionate to Isle
of Wight County resident base
5
GRAND TOTAL100
Section 3.3.2
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Evaluation Criteria for Volunteer Fire & Rescue Organizations
(Reserved)
Section 3.4
Award of Funds to Nonprofit Organizations
Upon the evaluation of applications submitted by nonprofit organizations, the
County Administrator will include the recommended funding level for each
applicant in the proposed annual operating budget. The Board of Supervisors
will make the final determination of funding through the adoption of the
annual operating budget.
The following represents a listing of recommended criteria applicable to
requests for funding sponsorship by the Board of Supervisors:
- Name recognition must be afforded for the County of Isle of Wight and/or
the Towns of Smithfield and Windsor
- Organization receiving funding must provide detail as to how such name
recognition will be provided.
- A minimum of twenty percent (20%) of Isle of Wight citizen participation
must be demonstrated by the organization requesting funding.
- The organization must serve a civic purpose and maintain an open
admission policy with equal opportunity participation.
- Consideration should be given as to whether the program/event is
duplicative of existing County programs already funded and made
available to citizens of Isle of Wight County.
- Maximum contribution of $1,000 per sponsored event annually.
Contributions should not exceed $1,000 or fifty percent (50%) (whichever
is less) of the direct and indirect costs of the Isle of Wight citizens’
participation in the event.
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- Total contributions awarded must be within the County’s annual budget
allocation for such programs/events, as adopted by the Board of
Supervisors. (Recommended at $2,000.)
CHAPTER 2, FINANCIAL AND ACCOUNTING
ARTICLE IV
County Funding Policy for Those Agencies Adversely Impacted
by Reductions in State Funding
(Adopted November 7, 2002)
The Commonwealth of Virginia is experiencing unprecedented revenue
shortfalls due to current economic conditions and is significantly reducing,
and in some cases eliminating, the amount of funding being provided to
agencies and programs.
Isle of Wight County is fiscally unable to continue to supplement or offset the
substantial reductions in State funds necessary to sustain the affected
agencies and programs.
Any funds reduced or eliminated from the budget of any affected agency,
board, commission, etc. as a result of cuts made by the Commonwealth of
Virginia will not be absorbed or replaced by funding from the County, unless
such loss of funding is deemed to be critical to the safety and well-being of
County citizens.
CHAPTER 8, MISCELLANEOUS GENERAL
ARTICLE III
Audiotaped Proceedings
(Adopted June 17, 1999)
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a. Minutes of the public meetings of the Board of Supervisors will be
recorded by audio-tape as a backup to the Clerk’s notes to aid the Clerk
in the preparation of the official Minutes of said Board.
b. That on the day following the Board meeting the audiotapes will be
copied and the audiotape copy will be made available for public review
within the Courthouse proper on the second work day after said Board
meeting.
c. All such audiotapes will be appropriately labeled, dated, and
inventoried for ease of identification and kept in a single location in the
County Administrator’s offices for a period of one year.
d. All such audiotapes shall be maintained and made available to the
public in accordance with the applicable provisions of the Virginia
Freedom of Information Act.
CHAPTER 8, MISCELLANEOUS GENERAL
ARTICLE VI
Non-Profit Funding Requests
(Adopted January 16, 2014)
Section 6.0
Intent/Purpose
The purpose of this policy is to establish a formal process and guidelines for
nonprofit organizations to make funding requests to the County for the
provision of services that will benefit citizens of Isle of Wight County.
Section 6.1
General
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The County Administrator is authorized to accept funding requests as part of
the annual operating budget development process. The County Administrator
will establish, each year, an application package and due date for nonprofit
organizations that wish to be considered for funding as part of the County’s
annual operating budget. Applications will be considered from established
501(c)(3) nonprofit organizations that provide services to the citizens of Isle
of Wight County that are more comprehensive in nature or would not
otherwise be made available by the County Government.
Section 6.2
Application Process
d. An application package will be made available for download
by interested nonprofit organizations on the County’s website and
upon request from the County Administrator’s Office.
e. As part of the application package, applicants will be required
to submit the following information:
501(c)(3) IRS Determination Letter
List of Current Board of Directors to include residential status
Current Year’s Adopted Operating Budget
Most Recent Audited Financial Statements and Audit Report
Other relevant service statistics as deemed appropriate
f. In order to be considered for funding, all application forms
and required attachments must be delivered to the County
Administrator’s Office before the established due date and time.
Section 6.3
Evaluation Criteria
Section 6.3.1
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Evaluation Criteria for Nonprofit Organizations Other Than Volunteer
Fire & Rescue Organizations
All applications will be reviewed and evaluated based on the following
criteria:
Evaluation Criteria Total Eligible
Points
Nature of service provided aligns with local government
purpose
25
Demonstrated prudent financial management including
prepared budget plans and operations absent of material
audit findings
20
Capacity of the organization/feasibility of the project,
program, or service
15
Percent of local contribution requested to the percentage
of the local customer base to be served
15
County contribution leverages a multiplied funding
match in services to Isle of Wight County residents
10
Achievement of prior year goals and objectives
supported by County funding assistance
10
Board membership representation proportionate to Isle
of Wight County resident base
5
GRAND TOTAL 100
Section 6.3.2
Evaluation Criteria for Volunteer Fire & Rescue Organizations
(Reserved)
Section 6.4
Award of Funds to Nonprofit Organizations
Upon the evaluation of applications submitted by nonprofit organizations, the
County Administrator will include the recommended funding level for each
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applicant in the proposed annual operating budget. The Board of Supervisors
will make the final determination of funding through the adoption of the
annual operating budget.
Funding disbursements to nonprofit organizations will be made based on the
amount of funds awarded including:
1) Up to $20,000 – Funds will be disbursed via a lump sum payment no
less than 45 days after the start of the fiscal year or July 1st.
2) $20,000 or more – Funds will be disbursed via quarterly payments with
the first installment no less than 45 days after the start of the fiscal year
or July 1st.
Section 6.5
Progress Reports
The County Administrator will develop a progress report for use by nonprofit
organizations that are awarded funds from the County. These reports will be
due on a semi-annual basis to the County Administrator in order to
demonstrate how County funds were used to provide services to the citizens
of Isle of Wight County.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Amy Ring, Assistant Director of Economic Development, briefed the Board
on a wetlands delineation action plan associated with the Shirley T. Holland
Phase II “sustainable forest” property.
Mark W. Furlo, Director of Parks and Recreation, reported on efforts
undertaken by staff with respect to the opening of the 2014 County Fair.
83
County Administrator Seward highlighted the following information items:
Treasurer Delinquent Accounts and Cash Flow Report; CIP Development
Calendar; Transportation update; and, Bay Disposal transition update.
Supervisor Casteen moved that the September 18, 2014 Board of
Supervisors’ meeting be continued to September 19, 2014 for the purpose of
the Board conducting its annual retreat. The motion was adopted by a vote of
(5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting
in favor of the motion and no Supervisors voting against the motion.
__________________________
Rex W. Alphin, Chairman
______________________
Carey Mills Storm, Clerk
1
CONTINUED MEETING OF THE ISLE OF WIGHT COUNTY
BOARD OF SUPERVISORS HELD THE NINETEENTH DAY OF
SEPTEMBER IN THE YEAR TWO THOUSAND AND FOURTEEN
PRESENT: Byron B. Bailey, Chairman
Alan E. Casteen
Rex W. Alphin
Rudolph Jefferson
Delores M. Darden
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Donald T. Robertson, Director of Information
Resources and Legislative Affairs
Carey Mills Storm, Clerk
Chairman Bailey called the continued meeting to order at 8:30 a.m. at The
Smithfield Center for the purpose of the Board conducting its annual
Strategic Planning Retreat.
Donald T. Robertson, Director of Information Resources and Legislative
Affairs, acting as the Facilitator for today’s meeting, welcomed those
present and provided background information on James Campbell,
Executive Director, Virginia Association of Counties and William
Quarles, Retired Board of Supervisors’ member for Goochland County.
County Administrator Seward recognized Board and staff
accomplishments to date beginning with the Board’s comprehensive By-
Laws which were adopted at the Board’s January 2, 2014 organizational
meeting. She provided a highlight of the following goal areas identified
by the Board: Leadership and professionalism; establishment of
organizational goals and a strategic direction; customer service and public
responsiveness; financial management; and, operational improvements.
She continued with a review of the following four key areas of team
values: Respect; responsiveness; accountability; and, demonstrated team
spirit. She recognized the following as successes in 2014:
Implementation of the central permitting process and customer service
2
solution; the deployment of development facilitation meetings for
applicants; streamlined billing process; promotion of economic
development; standards for the County’s volunteer fire and rescue
organizations with respect to buildings and facilities; branding and
signage; update of the County’s policies and procedures; adoption of a
three-year strategy to address the County’s deficit; personal property
billing twice a year; dialogue with the County’s bond rating agencies;
endorsement of financial efficiencies; school funding and an improved
relationship with school officials.
Mr. Campbell stressed the importance of the Board effectively
communicating and working together as a team for the benefit of all
citizens.
Mr. Quarles addressed the importance of the County as a whole coming
first, followed by the district a Board member is representing. He
cautioned the Board not to forget that they report to the citizens and they
should always use respect in dealing with them and County staff in a
public setting. He stated it is imperative that the Chairman control the
conduct of the meetings. He further cautioned the Board to ensure that it
is in compliance with the requirements of the Freedom of Information Act
and he strongly recommended training sessions be attended.
Mr. Chandler noted the importance of using the Public Information
Officer with regard to information discussed in closed meeting. He
mentioned that Conflict of Interest forms need to be submitted twice a
year now. He recommended the Board members refer to their Board of
Supervisors’ manual as needed and be willing to attend annual
conferences.
County Attorney Popovich addressed qualification for Freedom of
Information Act items, such as voice mail messages, emails, text messages
and blog posts. He discussed the legal ramifications associated with an
item discussed in closed meeting being shared with the public and
disseminated a memo prepared by him for use as a reference document
concerning the Freedom of Information Act, Conflict of Interest and
Procurement.
3
Supervisor Casteen requested that handouts provided at meetings, but not
included in the agenda, be made available to the public on-line.
//
Members of the Planning Commission were welcomed to the meeting.
//
Judy H. Winslow, Director of Tourism, provided an update on the Citizen
Satisfaction Survey.
Greg Grootendorst, Chief Economist, Hampton Roads Planning District
Commission, provided regional population growth trends and projections
for 2040.
The County’s lack of a transportation network, specifically direct flights
and workforce, was noted as being an inhibitor to expansion in the
County.
It was noted that feedback from the citizen survey indicated that citizens
want diversity and the County can enjoy a denser area and an agricultural
component if planned appropriately, allowing development to be
encouraged in a smart way.
County Administrator Seward commented that staff is currently
developing a trend and statistical digest.
//
Following a recess for lunch, Richard Rudnicki, Principle Planner,
provided a PowerPoint presentation on a growth and development strategy
plan called ISLE 2040 which identifies anticipated change in the County
over the next 25-35 years; staff’s reasons why change is needed and the
4
associated fiscal impact of that change; and, how the County can become
more viable.
//
Arthur E. Berkley, Director of Inspections, provided a PowerPoint
presentation on a new Central Development Review and Permitting
process designed to simplify the process for the development community.
//
The Board’s annual Strategic Planning Retreat was adjourned by
Chairman Bailey at 2:10 p.m.
_______________________
Rex W. Alphin, Chairman
___________________________
Carey Mills Storm, Clerk
1
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SIXTEENTH DAY OF OCTOBER IN THE
YEAR TWO THOUSAND AND FOURTEEN AT 5:00 P.M. IN THE
ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
COUNTY COURTHOUSE
PRESENT: Byron B. Bailey
Rex W. Alphin
Delores C. Darden
Alan E. Casteen
Rudolph Jefferson
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 regarding the discussion regarding
specific appointees to County boards/committees/authorities; under Section
2.2-3711(A)(7) regarding consultation with legal counsel employed by this
public body regarding specific legal matters requiring the provision of legal
advice by such counsel related to the Smithfield Town Council’s direction to
the Town Planning Commission to examine potential annexation areas within
the County; pursuant to Section 2.2-3711(A)(7) regarding consultation with
legal counsel pertaining to probable litigation where such consultation in
open meeting would adversely affect the litigating posture of the public body
related to the Calvary Baptist Church’s refusal to pay its stormwater fee;
pursuant to Section 2.2-3711(A)(5) concerning discussion concerning an
existing business or in industry where no previous announcement has been
made of the business or industry’s interest in expanding its facilities in the
County; pursuant to Section 2.2-3711(A)(7) regarding consultation by the
legal counsel employed by the public body regarding specific legal matters
2
requiring the provision of legal advice by such counsel related to the Isle of
Wight Volunteer Rescue Squad’s project.
Supervisor Alphin moved that the Board enter the closed meeting for the
reasons stated. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Alphin moved that the Board return to open meeting. The motion
was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen,
Darden and Jefferson voting in favor of the motion and no Supervisors voting
against the motion.
Chairman Bailey 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: Bailey, Darden, Jefferson, Alphin and Casteen
3
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The Board took no action following the closed meeting.
//
Supervisor Darden delivered the invocation.
//
The Pledge of Allegiance to the Flag was conducted.
//
APPROVAL OF AGENDA
Supervisor Alphin moved that the agenda be approved as presented. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
CONSENT AGENDA
A. Resolution to Accept and Appropriate Division of Motor Vehicles
(DMV) Highway Safety Project Grant Funds
B. Resolution to Accept and Appropriate Funds from Isle of Wight
Volunteer Rescue Squad for the Purchase of an Ambulance
C. Resolution to Accept and Appropriate Funding from the Virginia Litter
Prevention and Recycling Grant
4
D. Resolution to Accept and Appropriate Toughbook Mobil Data
Terminals to the Isle of Wight Sheriff’s Office
E. Resolution to Accept and Appropriate Grant Funding from the E-911
Services Board for Regional Online Training and PSAP CAD Projects
F. Motion to Authorize Chairman to Execute Sanitary Sewer Order by
Consent
G. Motion to Authorize the County Administrator to Sign Fair
Entertainment Contracts for FY2015-16
H. March 20, 2014 Regular Meeting Minutes
I. April 3, 2014 Budget and Stormwater Management Fee Work Session
Minutes
J. April 17, 2014 Regular Meeting Minutes
Supervisor Casteen moved that the Consent Agenda be approved as
presented. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
REGIONAL REPORTS
Supervisor Jefferson reported on topics of discussion at the most recent
meeting of the Western Tidewater Regional Jail Authority members.
Supervisor Casteen reported on topics of discussion at the most recent
meeting of the Western Tidewater Water Authority.
APPOINTMENTS
Supervisor Casteen moved that Barbara Jacobs Asher be appointed to serve
as the Smithfield representative on the Events Committee. The motion was
adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden
5
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
Supervisor Alphin moved that Blake James be appointed to serve as the Isle
of Wight representative on the Western Tidewater Community Services
Board. The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Darden moved that Mary Ellen Hammond be appointed to
represent the Windsor District on the Commission on Aging. The motion
was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen,
Darden and Jefferson voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Jefferson moved that Tammy Cross be appointed to serve as the
Isle of Wight representative on the Western Tidewater Community Services
Board. The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Jefferson moved that Joseph Spratley, Jr. be appointed to serve as
the Isle of Wight representative on the Senior Services of Southeastern
Virginia. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
SPECIAL PRESENTATION/APPEARANCES
County Attorney Popovich formally introduced Brock Maust, the County’s
new Assistant County Attorney.
Mark W. Furlo, Director of Parks and Recreation, reported on the 2014 Isle
of Wight County Fair.
6
School Superintendent Perera briefed the Board regarding “before” and
“after” school system capital projects and the County’s academic ranking in
comparison to other region divisions.
Susan Clizbe, Mega Projects Communications Management, provided an
update on the Route 460 Project.
Charles Meek, Assistant to the County Administrator, presented the FY2014-
15 County Profile & Statistical Digest.
CITIZENS’ COMMENTS
William Johnson of Windsor requested that VDOT be required by the County
to provide, as soon as possible, a drawing of all five (5) proposed alternatives
for the Route 460 project depicting all interchanges and lanes, intersections,
bridges, stop lights, etc., and should this information not be available from
VDOT, that the County provide such information via a PowerPoint
presentation at a meeting at one (1) of the County’s school facilities and that
this be accomplished prior to the public hearing on the matter on October 27,
2014.
Michael Uzzle of Uzzle’s Church Road requested a response to his list of
concerns he previously distributed to the Board.
Sarah Hunter of Carrollton spoke in favor of the Carrollton Volunteer Fire
Department maintaining its independence as a volunteer fire department in
the County. She encouraged the Board to resolve the conflict between that
Department and the County with respect to a Facilities Use Agreement.
Herb DeGroft of Mill Swamp Road addressed the Board regarding County
demographics with respect to school facilities.
John Beasley of Battery Park Road requested that the Board meet with those
County volunteer organizations which have not yet signed the Facilities Use
Agreement and address their concerns.
7
Fred Mitchell, member of the Carrollton Volunteer Fire Department, voiced
his concern that the media has become involved in the Facilities Use
Agreement issue between the Carrollton Volunteer Fire Department and the
County. He reminded the Board that he had requested the Board to review
not charging Agency 806 EMS billing and he asked if it is ethical for the
County to withhold funding from the Carrollton Volunteer Fire Department.
John Smithwick of the Newport District spoke in opposition to a Facilities
Use Agreement between the County and the Carrollton Volunteer Fire
Department.
Debbie Bales, United We Stand, spoke in opposition to any County volunteer
organization having to sign a Facilities Use Agreement with the County.
COUNTY ATTORNEY’S REPORT
Responsive to a letter received from the Commonwealth Attorney dated
September 23, 2014 indicating his intention to resign his position effective
November 30, 2014 as a result of his appointment as a Circuit Court Judge,
County Attorney Popovich recommended that the Board petition the Circuit
for a determination that a special election is not necessary or required to fill
the Commonwealth Attorney’s vacancy and that the position be filled during
the general election set for next November.
Chairman Bailey moved that the following Resolution be adopted:
RESOLUTION TO PETITION THE ISLE OF WIGHT CIRCUIT COURT
FOR DETERMINATION OF NEED FOR A SPECIAL ELECTION TO
FILL AN UPCOMING CONSTITUTIONAL OFFICE VACANCY
WHEREAS, on September 23, 2014, L. Wayne Farmer, the
Commonwealth’s Attorney for Isle of Wight County, Virginia, submitted his
written intention to resign his position as Commonwealth’s Attorney,
effective November 30, 2014; and
WHEREAS, Virginia Code § 24.2-228.1 states that “[t]he governing
body of the county or city in which the vacancy occurs shall, within 15 days
8
of the occurrence of the vacancy, petition the circuit court to issue a writ of
election to fill the vacancy…. Upon receipt of written notification by an
officer or officer-elect of his resignation as of a stated date, the governing
body may immediately petition the circuit court to issue a writ of election…”;
and
WHEREAS, pursuant to Virginia Code § 24.2-507, a special election
cannot be held on November 3, 2014; and
WHEREAS, the windows for a special election I which it would not be
legally or logistically difficult or impossible to hold a special election are the
Tuesdays (i) beginning December 23, 2014 and ending April 14, 2015 and
(ii) beginning July 15, 2015 and ending September 8, 2015; and
WHEREAS, even an early date from the above referenced dates would
result in two elections for the same position within 11 months of each other at
an expense to Isle of Wight taxpayers that is estimated by the General
Registrar of Isle of Wight County to be between $15,000 and $18,000; and
WHEREAS, the Board of Supervisors desires to petition the Circuit
Court of the County of Isle of Wight for entry of an Order determining that
no special election shall be held and that the interim Commonwealth’s
Attorney appointed pursuant to Virginia Code § 24.2-228.1(B) shall serve for
the remainder of the current term ending December 31, 2015
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors, that the County Attorney is hereby authorized to
petition the Circuit Court of Isle of Wight County, Virginia for the entry of
an Order determining that no special election shall be held and that the
interim Commonwealth’s Attorney appointed pursuant to Virginia Code §
24.2-228.1(B) serve for the remainder of the current term ending December
31, 2014.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
9
County Attorney Popovich advised the Board that East West Partners has
entered into a real estate purchase agreement with the current owners of the
Benns Grant project and changes requested to the payment plan have been
requested.
Branch Lawson briefed the Board on the anticipated rate of return on the sale
of the properties and the payment of proffers.
Supervisor Darden moved that the Chairman and/or County Attorney be
authorized to execute Any and All Documents to Effectuate Changes to the
Payment Agreement and Applicable Deed of Trust for Financing Purposes
Related to the Benns Grant Project, Upon Review and Approval of the
County Attorney. The motion was adopted by a vote of (5-0) with
Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
COUNTY ADMINISTRATOR’S REPORT
Following a break, Judy H. Winslow, Director of Tourism, presented the
results of the 2014 Citizen Survey.
Charles Meek, Assistant to the County Administrator, provided a recap of the
Board’s Retreat held in September and Richard Rudnicki, Assistant Director
of Planning and Zoning, provided a briefing on the County’s Growth Plan.
Responsive to Supervisor Darden, Branch Lawson, East West Partners,
recommended a market oriented approach with special taxing districts,
beautification projects and improvements to the County’s major corridors.
Supervisor Casteen moved that the Board support the proposed Growth Plan
and direct that it 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. The motion was adopted by a vote of (5-0) with
Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
10
Donald T. Robertson, Director of Information Resources and Legislative
Affairs, presented a Resolution Establishing Isle of Wight County’s
Legislative Priorities for the 2015 Session of the General Assembly for the
Board’s consideration.
Supervisor Darden moved that the following Resolution be adopted:
RESOLUTION ESTABLISHING ISLE OF WIGHT COUNTY'S
LEGISLATIVE PRIORITIES FOR THE
2015 SESSION OF THE GENERAL ASSEMBLY
WHEREAS, the General Assembly considers numerous issues that affect
local governments both directly and indirectly; and,
WHEREAS, the County of Isle of Wight has specific interest in matters
dealing generally with local governments, as well as with matters directly
impacting the County of Isle of Wight; and,
WHEREAS, such interest should be shared with Isle of Wight County's
General Assembly Delegation so that it may know of the County's position
on these important issues.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight endorses the attached
legislative proposals for the 2015 General Assembly Session and directs that
both this resolution and the legislative priorities be forwarded to Isle of Wight
County's General Assembly Delegation and that staff work with and assist the
Delegation as appropriate.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
The Board was briefed by County Administrator Seward relative to steps
under way relative to SPSA Membership Use and Support Agreements; terms
11
for new membership agreements; and, the development of an RFP to solicit
solid waste disposal options for the County.
Frank Haltom, Director of General Services, briefed the Board regarding an
impact to the Carrsville convenience center resulting from VDOT’s property
acquisition in association with the replacement of the Carrsville Bridge.
Supervisor Alphin moved that staff be authorized to negotiate with VDOT to
provide for the necessary improvements to the Carrsville convenience center
due to the bridge replacement project and to authorize the County
Administrator to execute all necessary documents, agreements and contracts.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Mary Beth Johnson, Director of Human Resources, briefed the Board
regarding a proposed amendments to Chapter 1: Personnel, Article IV,
Section 4.8 Article V, Section 5.0 of the County Policy Manual.
Supervisor Alphin moved that the following Resolution be adopted:
RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE IV,
SECTIONS 4.8 AND ARTICLE V, SECTIONS 5.0 AND 5.3 OF THE
COUNTY POLICY MANUAL
WHEREAS, the County has established guidelines for the definition of
the types of employees, the maximum hours that may be worked by regular,
part-time employees, the duration of temporary part-time employment, and
the increment(s) in which leave may be charged for absences, as part of
Chapter 1: Personnel, Article IV, Section 4.8 and Article V, Sections 5.0 and
5.3 of the County Policy Manual; and,
WHEREAS, the Board of Supervisors desires to amend Chapter 1:
Personnel, Article IV, Section 4.8 and Article V, Sections 5.0 and 5.3 of the
County Policy Manual to provide for the consistent administration of
scheduling and monitoring of hours worked and leave accrual and usage
across County departments.
12
NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel,
Article IV, Section 4.8 and Article V, Sections 5.0 and 5.3 of the County
Policy Manual is hereby amended as follows:
Chapter 1: Personnel
ARTICLE IV
Conditions of Employment
(Revised November 6, 2000, April 7, 2005, December 15, 2005,
February 2, 2006, October 16, 2006, March 1, 2007, June 14, 2007, October
16, 2014)
Section 4.8
(Revised February 2, 2006, October 16, 2014)
Types of Employees
Regular Full-Time Employees
Those employees who are hired for an indefinite period of time without
a stated limitation as to length of service and who are employed to
work forty (40) hours per week or its equivalency.
Regular Part-Time Employees
Those part-time employees who are hired for an indefinite period of
time, in excess of one (1) year six (6) months, without a stated
limitation as to length of service (other than continuation of program,
position need and/or funding) and who are employed to work a regular
schedule of thirty (30) twenty-nine (29) hours per week or less.
Temporary Full-Time Employees
Those employees who are hired for a stated length of service, season or
project and who are employed to work forty (40) hours per week or its
equivalency.
13
Temporary Part-Time Employees
Those part-time employees who are hired for less than one year six (6)
months with a stated length of service, season or project and who are
employed to work thirty (30) thirty-nine 39 hours per week or less.
Grant-Funded Employees
Those employees who are hired for a stated length of service, season or
project and who are employed to work the number of hours stated in
the grant application. Grant-funded personnel are not eligible to
participate in the County’s monetary fringe benefits unless specified
and funded through the grant.
ARTICLE V
Leave Provisions
(Revised September 1, 2005, December 15, 2005, February 2, 2006,
April 5, 2007; October 2, 2008; January 8, 2009; June 19, 2014, October 16,
2014)
Section 5.0
(Revised September 1, 2005, October 16, 2014)
Annual Leave
All regular full-time employees of Isle of Wight County shall accrue
annual leave based on an eight (8) hour work day. All regular, part-time
employees with regularly scheduled hours between twenty (20)-30 to
twenty-nine (29) per week shall accrue annual leave at a rate of four (4)
hours per month. Leave shall be charged to the nearest quarter-hour
increment. Eligible employees separating from County employment
shall be compensated for unused annual leave in the subsequent pay
period after termination.
Section 5.3
(Revised December 19, 2013; September 1, 2005; October 16, 2014)
14
Sick Leave
Sick leave is defined as leave with pay granted for personal illness of
the employee or an immediate family member and for medical and
dental appointments of the employee or immediate family member.
For purposes of this sick leave policy, the immediate family of an
employee is defined as: natural parents, adoptive parents, foster
parents, step-parents; spouse; natural, adopted or foster children;
brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-
law, son-in-law, daughter-in-law; grandchildren and grandparents.
A physician’s certification/statement may be requested to validate sick
leave when there is a pattern of absenteeism, if there is an indication
that the employee’s physical condition is adversely affecting
performance, or for an absence of three (3) or more consecutive days.
Leave usage will be charged in half quarter-hour increments.
Accrual Rates
Regular, full-time employees who are Plan 1 or Plan 2 Virginia
Retirement System (VRS) members: Sick leave is accrued at a rate of
eight (8) hours per month (four (4) hours per pay period worked).
Employees must work more than half of the workdays per pay period in
order to accrue sick leave for that pay period. Sick leave balances may
be carried over from year to year and shall be unlimited.
Regular, full-time employees who are Hybrid Virginia Retirement
System (VRS) members: Six (6) days of sick leave is front-loaded on
an employee’s first work day, subject to proration for service less than
the full fiscal year. Employees may draw from their credited sick leave
following the completion of one day’s service. On January 1st each
year, employees in this category will accrue six (6) additional days of
sick leave earning a total of twelve (12) days of sick leave each fiscal
year. On June 30th each year, a payout of fifty percent (50%) of the
sick leave balance will be granted as a wellness incentive. In the event
of termination prior to the completion of the fiscal year, salary for any
15
leave which was taken in excess of days actually earned will be
withheld from the final payroll check.
Regular (non-temporary) part-time employees who work a schedule of 20 –
29 hours per week will accrue sick leave at a rate of four (4) hours per month.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Andres Clontz, Interim Director of Emergency Services, provided a
PowerPoint presentation on the progression of the Fire & Rescue Facility Use
Agreement which included general background information; the reasons for
the Agreement; what the Agreement provides for; and, clarification of
expressed concerns. Her report was concluded advising that to date, five of
the seven volunteer fire and rescue organizations have signed the Agreement.
County Administrator Seward requested the Board to designate a voting
delegate and an alternate for the upcoming VACo Annual Business Meeting
on November 11, 2015.
Supervisor Casteen moved that Supervisor Darden be designated as the
County’s voting delegate and Supervisor Jefferson as the Alternate at the
VACo Annual Business Meeting. The motion was adopted by a vote of (5-0)
with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in
favor of the motion and no Supervisors voting against the motion.
Amy Ring, Interim Director of Economic Development, provided a
PowerPoint presentation on the proposed Atlantic Coast natural gas pipeline
project outlining its construction schedule and any potential impacts to the
County. She advised staff recommends a realignment of the route in order to
serve the Intermodal Park and the Norfolk South property and surrounding
areas.
Supervisor Jefferson moved that the County Administrator be authorized to
sign a letter to Dominion Resources requesting a realignment of the proposed
Atlantic Coast Pipeline route to serve the Shirley T. Holland Intermodal Park
16
and the Norfolk South property, as well as surrounding areas. The motion
was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen,
Darden and Jefferson voting in favor of the motion and no Supervisors voting
against the motion.
The following informational items contained in the agenda were highlighted
by County Administrator Seward: Tax Levies & Collections as of September
2014/Cash Position/Treasurer’s Accountability Statement; VDOT Route 460
Environmental Impact Statement Public Hearing; Tyler’s Beach Dredging
Update; Town of Windsor Water Bill Update; Sheriff’s Monthly Activity
Report; County Website Statistics; Charter Cable Rate Adjustment; Social
Services Monthly Report; Letter from Chairman to Western Tidewater
Regional Jail Superintendent Regarding Inmate Workforce Assistance; and, a
Stormwater Management Fee Credit Manual and Application.
OLD BUSINESS
Chairman Bailey, in recognition of Breast Cancer Awareness Month,
encouraged all to be tested and contribute to the American Cancer Society.
Judy H. Winslow, Director of Tourism, addressed the Board regarding an
inaccurate article which recently appeared in a local newspaper that the
County has turned over the Farmer’s Market to the Town of Smithfield, the
Director of Tourism briefed the Board relative to her discussions with the
Town of Smithfield regarding placing funding for the Farmer’s Market under
the Town’s budget as opposed to the County. She advised that the Smithfield
Town Council has voted to do this in an effort to make it more
administratively effective and more convenient for the Farmer’s Market
Manager, however, the Board of Supervisors has not voted to do this.
//
At 9:30 p.m., the Chairman declared the meeting adjourned.
______________________
Rex W. Alphin, Chairman
17
______________________
Carey Mills Storm, Clerk
1
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTIETH DAY OF NOVEMBER IN THE
YEAR TWO THOUSAND AND FOURTEEN AT 5:00 P.M. IN THE
ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
COUNTY COURTHOUSE
PRESENT: Byron B. Bailey
Rex W. Alphin
Delores C. Darden
Alan E. Casteen
Rudolph Jefferson
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 the discussion of the
appointment of specific appointees to County boards/committees/authorities;
pursuant to Section 2.2-3711(A)(7) regarding consultation with legal counsel
employed by the governing body regarding specific legal matters requiring
the provision of legal advice by counsel related to the Smithfield Town
Council’s direction to the Town Planning Commission to examine potential
annexation area within the County; pursuant to Section 2.2-3711(A)(7)
regarding consultation with legal counsel requiring the provision of legal
advice related to the Lawnes Point sewer treatment plant discontinued
operation by VA Timberline; pursuant to Section 2.2-3711(A)(7) regarding
consultation with legal counsel requiring the provision of legal advice related
to the Machinery and Tools tax; pursuant to Section 2.2-3711(A)(7)
regarding consultation with legal counsel employed by the public body
regarding specific legal matters requiring the provision of legal advice by
counsel related to the Isle of Wight Volunteer Rescue Squad construction
2
project; and, pursuant to Section 2.2-3711(A)(1) concerning discussion
regarding the performance of two specific appointees.
Supervisor Alphin moved that the Board enter the closed meeting for the
reasons stated. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Darden moved that the Board return to open meeting. The motion
was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen,
Darden and Jefferson voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Jefferson 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: Bailey, Darden, Jefferson, Alphin and Casteen
3
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The Board took no action following the closed meeting.
//
At 6:00 p.m., Supervisor Jefferson delivered the invocation.
//
The Pledge of Allegiance to the Flag was conducted.
//
APPROVAL OF AGENDA
County Attorney Popovich requested that Item (B) under the Public Hearing
section be moved to the County Administrator’s section and a late item be
added regarding an EMS staffing request for the Carrollton Volunteer Fire
Department under the County Administrator’s report.
Supervisor Alphin moved that the agenda be approved to include the noted
amendments. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
//
CONSENT AGENDA
A. Resolution to Accept a Donated Boat from New Kent County for
Sheriff's Office
4
B. Resolutions for Submission of VDOT Revenue Sharing
Applications
C. Resolution to Approve Submission of Transportation Alternatives
Program (TAP) Funding Application to VDOT for Nike Park
Trail Project ($2,480,000 Federal/$620,000 Local)
D. Refer Request for a Change in Zoning Classification to Create
Three (3) Lots for Single Family Residential (Seward) Back to
the Planning Commission
E. April 10, 2014 Special Meeting Minutes
F. May 15, 2014 Regular Meeting Minutes
G. June 19, 2014 Regular Meeting Minutes
H. July 17, 2014 Regular Meeting Minutes
I. August 21, 2014 Regular Meeting Minutes
Supervisor Darden moved that the Consent Agenda be approved as presented.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
REGIONAL REPORTS
Supervisor Alphin reported on funds owed to the Jail for former inmates in
the amount of $2 million dollars. He advised that if legislation is adopted
regarding telephone fees being charged over a certain amount, the Jail stands
to lose $360,000. He advised that it costs approximately $10 million to
operate the Jail, of which 10% is used for medical costs associated with the
inmates.
5
As a Board member who serves on the Board’s Community Development
Committee, Supervisor Alphin reported on efforts being undertaken within
the Department of Economic Development.
APPOINTMENTS
Supervisor Jefferson moved that Ms. Toni Brown be appointed to serve on
the Western Tidewater Community Services Board. The motion was adopted
by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and
Jefferson voting in favor of the motion and no Supervisors voting against the
motion.
SPECIAL PRESENTATION/APPEARANCES
Krista Edoff, Cherry Bekaert, LLC, provided an overview of the County’s
audit, noting no matters of noncompliance were identified.
A slide presentation of animals currently available for adoption at the
County’s animal shelter was provided by Donald T. Robertson, Director of
Information Resources and Legislative Affairs.
CITIZENS’ COMMENTS
Michael Uzzle referenced a letter of concerns he provided the Board earlier
in the year and noted that he would be requesting the status of same at one of
the Board’s first meetings of the year.
Fred Mitchell, on behalf of the Carrollton Volunteer Fire Department,
distributed information he obtained from the County’s website pertaining to
salaries and part-time staffing. He requested that the County’s volunteers be
respected by the government that they serve.
Jaime Rostatler of 19263 Oliver Drive cautioned the Board about the value of
the Carrollton Volunteer Rescue Squad’s apparatus.
PUBLIC HEARINGS
6
Amend and Reenact Chapter 2, Section 2-7, Disclosure of Personal Interests
County Attorney Popovich advised that the amendments pertain to technical
provisions in the County code relative to changes made during the General
Assembly.
Chairman Bailey called for persons to speak in favor of or in opposition to
the proposed amendments.
No one appeared and spoke.
Chairman Bailey closed the public hearing and called for comments from the
Board.
Supervisor Alphin moved that the proposed revisions to Chapter 2, Section 2-
7, Disclosure of Personal Interests be adopted as presented:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 2. ADMINISTRATION. ARTICLE I. IN GENERAL.
SECTION 2-7. DISCLOSURE OF PERSONAL INTERESTS.
WHEREAS, the Virginia General Assembly has enacted certain
changes to the Virginia Conflict of Interest Act; and
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, deems it necessary to update its current ordinance provisions to
comply with said changes;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Chapter 2. Administration. Article 1. In General.
Section 2-7. Disclosure of Personal Interests of the Isle of Wight County
Code be amended and reenacted as follows:
7
CHAPTER 2.
ADMINISTRATION.
Sec. 2-7. Disclosure of personal interests.
(a) The disclosure of personal interest by the members of the Board of
Supervisors, Industrial Development Authority, Planning Commission,
Board of Zoning Appeals, as well as the Treasurer, Sheriff,
Commonwealth’s Attorney, Clerk of the Circuit Court, Commissioner of
the Revenue and County Administrator, shall be made in accordance with
the provisions of Sections 2.2-3115 and 2.2-3116 of the Code of Virginia
(1950, as amended).
(b) In addition to those persons specifically required to file disclosure
statements pursuant to Section 2-7(a) above, the following nonsalaried
citizen members, appointed to designated local boards, commissions or
authorities, shall be required to file a disclosure of personal interest
statement as individuals holding a position of trust in Isle of Wight
County:
(1) Members of the Board of Equilization; and
(2) Members of the Board of Assessors.
(c) The County Attorney shall file a disclosure of personal interest form in
the same manner and form as set forth in Section 2-7(a) above.
(d) Every person required to declare his or her personal interest pursuant to
Section 2.2-3112(A)(2) and (3) of the Code of Virginia (1950, as
amended), shall do so in accordance with the provisions of Section 2.2-
3115(H) and (I) of the Code of Virginia (1950, as amended).
For state law as to authority of the County to require such disclosure,
see Code of Va., §§ 2.2-3115 and 2.2-3116.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
8
COUNTY ATTORNEY’S REPORT
County Attorney Popovich requested that the Board provide him with
suggested revisions to the Board’s Bylaws & Rules of Procedure by the
Board’s next meeting. He advised that he has made an adjustment to the
agenda making the FYI items as an item under the County Administrator’s
report.
County Attorney Popovich brought up the issue of tethering animals in the
County and the running at large ordinance for discussion by the Board
responsive to a request from Chairman Bailey.
Chairman Bailey brought up for discussion his recommendation of
establishing a law in the County that prevents animals from running at large
and causing damage to other animals and children. He stated he would also
like to discuss implementing a no tethering law from 10:00 p.m. until 6:00
a.m. and in temperatures above 90 degrees and below freezing.
Following discussion, it was the Board’s consensus not to discuss this matter,
noting that Animal Control staff does not have the ability to enforce such an
ordinance; that there are existing laws in place to address animal cruelty; that
it would be extremely difficult to enact a countywide ordinance that does not
infringe on those animal owners who are treating their animals properly, and,
that the surrounding areas do not have such a policy.
County Attorney Popovich provided a PowerPoint presentation relative to his
decision to place legal public notices solely in The Daily Press rather than in
The Smithfield Times and The Tidewater News. He reviewed three options
moving forward and recommended the hybrid approach which uses the Daily
Press to meet legal requirements while providing public notices through The
Tidewater News and The Smithfield Times. He further recommended that he
draft up a policy concerning this matter for the Board’s consideration at its
next meeting for formal inclusion in the County’s Policy Manual.
Supervisor Alphin moved that the County Attorney be directed to develop a
draft policy for inclusion in the County’s Policy Manual for the Board’s
9
consideration at its December 18, 2014 meeting and, in the meantime, the
hybrid approach is to be followed until a more permanent policy is
developed. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
COUNTY ADMINISTRATOR’S REPORT
County Administrator Seward presented the Quarterly Financial Report for
the month ending September 2014, noting that the budget will continue to be
monitored for performance and updates provided to the Board.
The Board requested that this information be placed in the FYI section for the
Board’s next meeting and that the Attorney provide Chairman Bailey with a
copy of the Norfolk water agreement.
County Administrator Seward presented a request from the Windsor Town
Mayor for the first of four installment payments to renovate the Old Windsor
Middle School Gymnasium in the amount of $25,000.
Chairman Bailey moved that the Board authorize an expenditure of $25,000
to be taken from the County’s FY2014-15 General Fund Budget,
Contingency line item. The motion was adopted by a vote of (5-0) with
Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
Following a briefing from Mary Beth Johnson, Director of Human
Resources, with regard to proposed revisions concerning worker’s
compensation, A Resolution to Amend Chapter 1: Personnel, Articles VI,
Section 6.6 and Chapter 1: Personnel, Article IV, Section 4.14 and Article IX
the County Policy Manual Concerning Worker's Compensation and
Separations was recommended for approval.
Supervisor Alphin moved that the following Resolution be adopted:
10
RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE VI,
SECTIONS 6.6 AND CHAPTER 1: PERSONNEL, ARTICLE IV,
SECTION 4.14 AND ARTICLE IX OF THE COUNTY POLICY MANUAL
WHEREAS, the County has established the benefits provided to
employees under the Workers’ Compensation Act, defined the employees
who are covered under the Act, and outlined the requirements and process for
reporting a work related injury, the maintenance of other benefits when an
employee is receiving a workers’ compensation lost-wage benefit and the
return to work requirements, under Chapter 1: Personnel, Article VI, Section
6.6 and Article V of the County Policy Manual; and,
WHEREAS, the County has established guidelines for the separation of
employees from the classified service, under Chapter 1: Personnel, Article
IV, Section 4.14 and Article IX of the County Policy Manual; and,
WHEREAS, the Board of Supervisors desires to amend Chapter 1:
Personnel, Article VI, Section 6.6 of the County Policy Manual to afford for
enhanced employee guidance in reporting injuries and access of workers’
compensation benefits thereby assisting the County in meeting injury
reporting requirements; and,
WHEREAS, the Board of Supervisors desires to amend Chapter 1:
Personnel, Article IV, Section 4.14 and Article IX of the County Policy
Manual to clarify the guidelines for separation of employees from the
classified service.
NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel,
Article VI, Section 6.6 and Chapter 1: Personnel, Article IV, Section 4.14
and Article IX of the County Policy Manual is hereby amended as follows:
Chapter 1: Personnel
ARTICLE IX
Conditions of Employment
11
Section 4.14
Resignation
A resignation shall be defined as a voluntary separation, initiated by the
employee, from employment with the County through written notification to
his/her supervisor or department director. The notification shall include the
reason for the resignation, the date and hour the resignation is to become
effective and shall be signed by the employee. A copy of the notification
shall be forwarded to the County Administrator's office for inclusion in the
official personnel file.
To resign in good standing, all regular full-time and regular part-time
employees, with the exception of department directors, shall give at least
fourteen (14) calendar days notice prior to the effective date of resignation,
except where specific circumstances prohibit such advance notification.
Thirty (30) calendar days notice is requested for department directors.
ARTICLE VI
Benefits
(Revised January 17, 2002, September 1, 2005, December 15, 2005, October
16, 2006, October 4, 2007, November 15, 2007, July 1, 2008,
December 4, 2008, November 20, 2014)
Section 6.6
Worker's Compensation
(Revised January 17, 2002; October 16, 2006, November 20, 2014)
In compliance with the Virginia Worker’s Compensation Act, the County is
committed to ensuring that all full-time and part-time employees incurring a
work related injury or disease would receive worker’s compensation benefits.
At no cost to employees, the County provides Worker’s Compensation
insurance that covers any injury or illness which results from an injury
incurred during the course of employment. The County provides all of the
12
benefits provisions identified by the Virginia Worker’s Compensation Act. ,
including payment of covered medical expenses and lost wages.
If an injured employee requires medical attention, he/she shall be referred to
the County’s list of authorized physicians from which the employee may
receive treatment. If an employee elects to use a physician who is not on the
authorized list, the treatment will be incurred at the employee’s expense.
To ensure receipt of the maximum benefits pertaining to payment of medical
expenses and worker’s compensation payments, an employee must accept
medical treatment and keep appointments with the authorized physician.
All regular full-time and part-time employees are eligible for worker’s
compensation to the extent required by the Virginia Workers Compensation
Act of the Code of Virginia in the event an employee sustains an
occupational injury or disease as a result of, or in the course of, work
performed for Isle of Wight County. An employee who sustains an
occupational injury or disease shall be paid at the rate specified by the
Worker’s Compensation Act.
Employees shall report all injuries immediately to their supervisor.
Supervisors or their appointed designee shall complete the First Report of
Accident Report to be submitted to the Department of Human Resources
within 24 hours. The Supervisor or their designee shall provide the injured
employee with the State required forms issued by the County’s Insurance
Carrier in accordance with the regulations specified by the Virginia Workers
Compensation Act.
Work-Related Injury, Illness and Substance Exposure Reporting
Immediately following every work related injury, illness or substance
exposure the affected employee is required to notify his/her supervisor in
person or by phone as soon as possible. Prompt reporting ensures timely
processing of a worker’s compensation claim. Failure to do so will impede
processing of the claim and can lead to denial of the claim.
Upon notification of an injury, illness or substance exposure incident the
supervisor is required to notify the Risk Management Coordinator, in person
13
or by phone. Notification should be made as soon as possible after the
occurrence, but no later than 24 hours after the injury. In cases where an
injury results in any of the following; an employee being admitted to the
hospital, an amputation, or a fatality, notification must be made immediately
so that the Risk Management Coordinator can make the mandated
notification to Occupational Safety and Health Administration (OSHA)
within the required 8 hour timeframe.
If applicable, upon completion of the initial visit to the doctor the employee is
required to report back to his/her supervisor and the Risk Management
Coordinator, in person or by phone, to provide an update of his/her condition
and return to work instructions. The employee is further required to provide
an update of his/her condition after each subsequent visit to the doctor.
First Reporting Procedure
After notification of an injury, the supervisor will instruct the injured
employee to initiate the workers’ compensation reporting process by
following the procedure outlined in the First Report of Injury, Illness or
Substance Exposure - Standard Operating Procedure located on Central at
HR/Workers Compensation/Forms/First Report of Injury. Reporting must
take place before medical treatment is sought, unless there is a medical
emergency. In this case, the supervisor will make the First Report of Injury.
Panel Doctors and Medical Treatment
In accordance with the Virginia Workers’ Compensation Act, the County has
established a panel of physicians to furnish medical care for all workers’
compensation claims. The employee must select a primary care physician
from the panel for his/her medical bills to be covered under workers’
compensation. The employee will be presented with the panel doctors during
the First Report of Injury process. If an employee elects to use a physician
who is not on the authorized list, the treatment will be incurred at the
employee’s expense. To ensure receipt of maximum benefits pertaining to
payment of medical expenses and workers’ compensation payments, an
employee must accept medical treatment and keep appointments with the
authorized physician.
Emergency Situations
14
In an emergency situation, the primary objective is to obtain immediate
medical care for the injured employee. In this situation the following
guidelines should be followed.
1. Obtain Emergency Care – Obtain emergency care as dictated by the
situation.
2. First Reporting – The supervisor will initiate the injury reporting
process by following the procedure outlined in the First Report of
Injury, Illness or Substance Exposure - Standard Operating
Procedure located on Central at HR/Workers Compensation/Forms/
First Report of Injury and will report the injury to the Risk
Management Coordinator.
3. Panel Doctor – The employee is required to select a panel doctor as
soon as they can after receiving emergency medical treatment. The
panel doctor will perform follow-up care, and will serve as the
coordinator for specialist care.
Workers’ Compensation Claims Processing
The County’s insurance carrier will use the First Report of Injury to make a
determination, including investigation if needed, to establish whether the
claim meets the requirements of compensability as defined by the Virginia
Workers’ Compensation Act. If a claim is denied, the employee may seek an
appeal through the Workers’ Compensation Commission.
Medical Bills
The Virginia Workers’ Compensation Act provides for the payment of
reasonable and customary medical services associated with treatment for a
workers’ compensation claim. This includes physician and hospital services
as well as prescription drugs. Medical bills should be sent from the provider
to the County’s insurance carrier. If the injured employee receives medical
bills for an approved workers’ compensation claim, the bills should be
forwarded to the County’s insurance carrier. Contact the Risk Management
Coordinator for insurance carrier contact information and assistance.
Lost Wage Payments
15
The Workers’ Compensation Act provides lost wage payments when an
employee is unable to work due to a compensable injury, in the amount of
66.66 percent of the injured employee’s average weekly wage (AWW). The
AWW is determined by calculating the weekly average of the employee’s
gross wage for 52 weeks prior to the date of injury.
Compensation for an approved compensable injury shall begin when the
injured employee is out of work for more than seven (7) calendar days,
commonly referred to as the “waiting period”, as provided by the Virginia
Workers Compensation Act. An injured employee can elect to use either
accumulated sick and/or annual leave for County business days occurring
during the waiting period. After the required “waiting period”, the injured
employee shall not receive compensation from the County; however, the
employee shall receive compensation directly from the County’s Worker
Compensation insurance carrier in accordance with the Worker’s
Compensation Act.
Only in cases where the injured employee’s compensable injury extends their
absence beyond twenty-one (21) calendar days, the County’s workers
compensation insurance carrier shall forward compensation to the injured
employee as compensation for missed work during the aforementioned
“waiting period”. The employee has the option to retain said compensation
for the “waiting period” and forfeit the sick and/or annual leave used or
forward the compensation check to the County for reinstatement of leave
taken during the waiting period.
Employees receiving worker’s compensation benefits shall not accrue sick or
vacation leave during their absence if workers compensation benefits are
provided to an employee for more than half of the month. The County will
continue to provide Group Life Insurance Benefits as well as the County’s
portion of the health insurance premium during the time of approved workers
compensation leave from work. The employee shall be responsible for the
employee portion of the health insurance premium and any other employee
paid benefit. If an employee is unable to pay for any employee portion of an
elected benefit, the benefit shall be terminated and reinstated upon the injured
employee’s return to work or eligibility period of the program, whichever is
applicable to the benefit. Should an injured employee not return to full time
16
or modified duty within a six month period from the date of injury, the
County reserves the right to review and determine the employee’s eligibility
for County paid benefits.
If the injured employee was injured while under the influence of alcohol or
another controlled substance, coverage by worker’s compensation insurance
may be denied.
Temporary modified duty shall be provided when possible to all injured
employees.
Alternate Duty
The County supports alternate duty assignments for employees who are
recovering from injuries. Alternate duty offers employees a chance to return
to work at a capacity and duration approved by the panel doctor. The
employee will be considered for productive assignments within his/her
current department or another department if an assignment is not available in
his/her department. Employees are encouraged to return to work in an
alternate duty capacity whenever possible.
Employees will receive their normal pay while in an alternate duty
assignment provided they work full time. Employees who are restricted to
limited hours will receive workers’ compensation lost wage payments for the
hours they miss due to injury. Failure to report to an available alternate duty
assignment will result in discontinuation of lost wage benefits and the
employee will be considered to be on unapproved leave.
Alternate duty assignments will not exceed six months. After six months
from the date of injury, the panel physician should be able to indicate
whether the employee is able to return to the full duties of his/her position or
if work limitations will be permanent.
In the event the employee is still being treated for the injury, and a final
prognosis cannot be made, the alternative duty assignment may be extended
if approved by the Department Director and the County Administrator and if
it does not impede operations. In the event of a permanent limitation, job
17
accommodations and position transfer will be explored as options for the
employee.
Leave Records
Employees are required to complete their leave record reflecting time
missing from work due to injury and time at work while under work
restrictions. The following codes are used to reflect these hours:
W Workers’ Compensation - Hours missed from work due to work-related
injury. This also includes time for doctor appointments. Treatment and
time missed must be for an approved workers’ compensation claim. If
a claim is denied, any “W” code used must be changed to an “S” code
for sick leave.
AD Alternate Duty – Hours the employee works in alternate duty or with
restrictions prohibiting the employee from performing his/her normal
job/or restrictions on the number of hours per day an employee may
work.
S Sick Leave – Hours missed in accordance with the County sick leave
policy. Additionally, hours missed for a work-related injury during the
“waiting period” can be designated as sick leave.
ARTICLE IX
Separations
(Revised November 15, 2007, November 20, 2014)
Section 9.0
(Revised November 15, 2007)
Types of Separation
Separation of employees from positions in the classified service shall be
designated as one of the following and shall be accomplished in the manner
indicated: resignation, layoff, disability, death, retirement and dismissal.
18
Section 9.1
(Revised November 15, 2007, November 20, 2014)
County Equipment
At the time of separation and prior to final payment, all records, assets and
other items of County property in the employee's custody shall be transferred
to his/her department head and certification to this effect shall be signed by
the employee.
Section 9.2
(Revised November 15, 2007, November 20, 2014)
Resignation
To resign in good standing, an all employees, with the exception of
department directors, shall give notice in writing to his/her department head
at least fourteen (14) calendar days prior to the effective date of the
resignation. Failure to comply with this rule shall be entered on the service
record of the employee will result in the employee being ineligible for rehire,
except in extenuating circumstances at the approval of the Director of Human
Resources. Thirty (30) calendar days notice is requested for department
directors resigning from employment. All department directors shall transmit
all resignations to the Department of Human Resources within 24 hours of
receipt.
An employee who fails to report to work for three (3) consecutive work days
without authorized leave shall be separated from the payroll. This action shall
be reported as a voluntary resignation.
Section 9.3
(Revised November 20, 2014)
Compulsory Voluntary Resignation
An employee, who without valid reason just cause, fails to report to work for
three (3) consecutive work days without authorized leave shall be separated
from the payroll. This action shall be reported as a compulsory voluntary
resignation.
19
Section 9.4
(Revised November 20, 2014)
Reduction in Force
Any involuntary separation other than due to delinquency, misconduct, or
inefficiency, or disciplinary action shall be considered a layoff.
When feasible, A an employee shall be laid off on the basis of the following
three (3) equally weighted factors:
a. length of service in class;
b. length of service with the County; and
c. the employee's performance evaluations.
When a department director believes an individual is essential to the effective
operation of the department because he/she possesses special skills or
abilities and he/she wishes to retain that person in preference to a person with
a higher rating he/she shall submit a written request to the County
Administrator. The request shall detail the specific skills and abilities
possessed by the individual and the reasons why the person is essential to the
effective operation of the department. The individual may be retained with
the approval of the County Administrator.
If a regular full-time employee is scheduled to be laid off, he/she shall be
allowed to compete for a vacant position(s) elsewhere in the County. He/she
shall submit an application for employment for any vacancy(ies) he/she is
interested in and is required to submit to all selection-related activities related
to the selection process of the vacancy(ies). offered a demotion to a lower
class if a vacancy exists or if he/she is senior to the other employees,
provided he/she is qualified or able to be trained to fill positions in the lower
class involved. Regular full-time employees to be laid off shall be notified
in writing by the County Administrator's office at least fourteen (14) calendar
days prior to the effective date of the layoff.
20
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
County Administrator Seward outlined a proposed amendment to the
FY2014-2015 Position Classification and Compensation Plan to add a
Comptroller and Purchasing Agent position and eliminate the Purchasing
Coordinator in the Plan and recommended approval of a Resolution to
Amend the FY2014-2015 Position Classification and Compensation Plan.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION TO AMEND THE FY 2014–2015 POSITION
CLASSIFICATION AND COMPENSATION PLAN
WHEREAS, the Board of Supervisors has approved the FY 2014-2015
Position Classification and Compensation Plan; and,
WHEREAS, in accordance with County Policy (Chapter 1: Personnel,
Article II, Position Classification Plan and Article III, Compensation Plan),
the Position Classification and Compensation Plan containing the Salary
Schedule and Schematic List of Classes assigned to Salary Grades is
recommended for amendment to incorporate two (2) new class titles of
Comptroller and Purchasing Agent into the FY 2014-2015 Position
Classification and Compensation Plan and the abolishment of the class title of
Procurement Coordinator; and,
WHEREAS, the amendments to the FY 2014-2015 Position
Classification and Compensation Plan will not result in a net increase of Full
Time Equivalent positions (FTEs); and,
WHEREAS, the amendments to the FY 2014-2015 Position
Classification and Compensation Plan have been recommended to the Board
of Supervisors for approval and adoption.
21
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that the amended FY 2014-2015
Position Classification and Compensation Plan is hereby adopted and shall
remain in effect until amended by the Board.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Casteen requested a copy of the job descriptions for the new
positions created in the Plan.
County Administrator Seward notified the Board of her intention to not fill
the Chief Financial Officer position, but move that position over the
Community Development departments and title as Assistant County
Administrator of Community Development.
Donald T. Robertson, Director of Information Resources and Legislative
Affairs, provided a PowerPoint presentation on the Section 8 Housing
Program and advised that without a significant increase in local funding, the
program will not be sustainable County’s program to another agency,
effective July of 2015. He recommended the Board adopt a Resolution to
Authorize Transfer of the Section 8 Housing Voucher Program.
Supervisor Alphin moved that the following Resolution be adopted:
RESOLUTION TO AUTHORIZE TRANSFER OF THE SECTION 8
HOUSING VOUCHER PROGRAM
WHEREAS, the Board of Supervisors desires to transfer the
management of the County’s Section 8 Housing Voucher Program (“the
Program”) to another agency, effective July 1, 2015; and,
WHEREAS, the Virginia Housing Development Authority (VHDA)
has determined that, pending approval by the U. S. Department of Housing
and Urban Development, management of the Program will be transferred to
the Suffolk Redevelopment and Housing Authority (197 vouchers primarily
22
in the Carrollton and Smithfield areas) and the Franklin Redevelopment and
Housing Authority (47 vouchers primarily in the Camptown, Carrsville,
Windsor, and Zuni areas).
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that management of the Program be
transferred to VHDA for the purpose of serving the clients of Isle of Wight
County by providing such eligible clients with Housing Choice Vouchers.
BE IT FURTHER RESOLVED that the County Administrator is
hereby authorized to execute and deliver such agreements, documents,
certificates, and correspondence and to take such other action as shall be
necessary or appropriate to effect such transfer.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion
Added under the approval of the agenda, County Administrator Seward
represented an EMS staffing request from the Carrollton Volunteer Fire
Department for 24/7 ALS coverage.
Responsive to a request by Supervisor Darden regarding the concerns
expressed by the Medical Director, Andrea Clontz, Interim Director of
Emergency Services, EMS services are sanctioned under the Tidewater
Emergency Services Board, but not all the providers for the CVFD are
sanctioned under the TEMS Board; he is concerned whether there are
sufficient providers to cover the needed services; and, scheduling is being
requested so that we can identify when there is a gap in the ALS coverage so
that we can be prepared backfill from another agency.
County Administrator Seward advised that staff would return to the Board in
December to discuss a long term solution.
Chairman Bailey moved that the County Administrator be authorized to
develop an EMS staffing solution for the Carrollton Volunteer Fire
Department. The motion was adopted by a vote of (5-0) with Supervisors
23
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
Richard Rudnicki, Principal Planner, presented a waiver request of Quible &
Associates, P.C. on behalf of WEDG Holdings, LLC, for Dunkin Donuts.
Chairman Bailey moved that the waiver request be approved. The motion
was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen,
Darden and Jefferson voting in favor of the motion and no Supervisors voting
against the motion.
County Administrator Seward drew the Board’s attention to the following
informational items included in the agenda: Treasurer Delinquent Accounts
and Cash Flow Report; Fire and Rescue Activity Report; Sheriff's Monthly
Activity Report; Website Statistics; Isle 2040 Action Plan; Holiday
Luncheon; General Services Project Savings Update; Economic Development
Update - Local Businesses Receive Enterprise Zone Grants; CIP Calendar;
GFOA Distinguished Budget Presentation Award; Life Safety Awards; Isle
of Wight Volunteer Rescue Squad Construction Update; and, information
regarding staff’s meetings with Legislators.
UNFINISHED/OLD BUSINESS
There was no old business offered for discussion.
NEW BUSINESS
Supervisor Casteen moved that staff be authorized to proceed with the
preliminary design of the necessary waterlines to the Gatling Point
Subdivision. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Darden requested a staff report at the Board’s December 18, 2014
meeting on Queen Anne’s Court transportation accidents and the status of the
drainage ditches on Central Hill Road.
24
Supervisor Darden corrected a false statement made this evening that the
Carrollton and Windsor Volunteer Fire Departments are unfunded, as they
are funded, just in a different manner.
//
At 8:00 p.m., the Chairman declared the meeting adjourned.
______________________
Rex W. Alphin, Chairman
______________________
Carey Mills Storm, Clerk
1
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE EIGHTEENTH DAY OF DECEMBER IN
THE YEAR TWO THOUSAND AND FOURTEEN AT 5:00 P.M. IN THE
ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
COUNTY COURTHOUSE
PRESENT: Byron B. Bailey
Rex W. Alphin
Delores C. Darden
Alan E. Casteen
Rudolph Jefferson
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
At 5:00 p.m., Chairman Bailey 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 regarding the discussion or
appointment of specific appointees to County boards/committees/authorities;
pursuant to Section 2.2-3711(A)(7) regarding legal counsel employed by the
public body regarding specific legal matters requiring the provision of legal
advice provided by such counsel related to the County’s legal strategy for
proposed annexation by the Town of Smithfield; pursuant to Section 2.2-
3711(A)(3) regarding the acquisition of real property in the Windsor Election
District where discussion in open meeting would adversely affect the
bargaining position of the public body; pursuant to Section 2.2-3711(A)(7)
concerning consultation regarding probable litigation related to Machinery
and Tool taxes; pursuant to Section 2.2-3711(A)(7) concerning consultation
with legal counsel requiring the provision of legal advice related to the
Smithfield/Isle of Wight County water agreement; and, pursuant to Section
2.2-3711(A)(5) concerning the expansion of an existing business where no
previous announcement has been made by the business to expand its facilities
in the County.
2
Supervisor Alphin moved that the Board enter the closed meeting for the
reasons stated. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
Chairman Bailey moved that the Board return to open meeting. The motion
was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen,
Darden and Jefferson voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Alphin 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: Bailey, Darden, Jefferson, Alphin and Casteen
NAYS: 0
3
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The Board took no action following the closed meeting.
//
At 6:00 p.m., Supervisor Casteen delivered the invocation.
//
The Pledge of Allegiance to the Flag was conducted.
//
APPROVAL OF AGENDA
Supervisor Alphin moved that the agenda be approved as presented. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
CONSENT AGENDA
A. Resolution to Appropriate Contra Revenue to Return State Aid to the
Commonwealth of Virginia
B. Resolution to Accept and Appropriate Funds for the Nike Park Skate
Park
C. Motion to Approve the Isle of Wight County Fair Executive Board
D. Motion to Authorize Execution of the Vehicle Lease Agreement with
the Smithfield Volunteer Fire Department, as well as any further
4
vehicle lease agreements with other respective volunteer fire or rescue
departments as the need may arise
Supervisor Darden moved that the Consent Agenda be approved as presented.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
APPOINTMENTS
Supervisor Casteen moved that Deb Frank be appointed to serve on the
Commission on Aging representing the Smithfield District. The motion was
adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
SPECIAL PRESENTATION/APPEARANCES
Adoption of animals at the County’s animal shelter was promoted by Donald
T. Robertson, Director of Information Resources and Legislative Affairs.
CITIZENS’ COMMENTS
Barry Cole, on behalf of the Western Tidewater Free Clinic, reported on that
organization’s use of County funds.
Jane March of Zuni addressed the issue of publication of County legal notices
in the Daily Press and Virginian Pilot.
Paul Robbins of Carrollton, Past President of the Carrollton Volunteer Fire
Department, addressed the lack of a termination clause in the Norfolk water
agreement and expressed opposition to the proposed Isle2040 Plan. He
further addressed missed calls within the Carrollton Volunteer Fire
Department.
Herb DeGroft, School Board member, recommended a one-page survey
soliciting comments from Newport District residents on the proposed ISLE
5
2040 Plan. He further recommended that the County’s Pay and Classification
Plan be done by staff and he offered his assistance.
Fred Mitchell of Sugar Hill Road spoke about statements which he believes
are not valid on the County’s website with respect to the Carrollton Volunteer
Fire Department and its unsigned Facilities Use Agreement.
Debbie Bales, on behalf of United We Stand/Isle of Wight, spoke regarding
the Carrollton Volunteer Fire Department and its unsigned Facilities Use
Agreement with the County.
Stephanie Gibbs of Smithfield spoke regarding the contributions provided by
the County’s volunteer fire departments.
PUBLIC HEARINGS
A. Amendment of Various Sections (Articles III, IV, V, VI, VII, VIII) of
the Zoning Ordinance
Richard Rudnicki, Assistant Director of Planning and Zoning, presented the
amendments under consideration to the Zoning Ordinance.
Chairman Bailey called for persons to speak in favor of or in opposition to
the proposed amendments.
No one appeared and spoke.
Chairman Bailey closed the public hearing and called for comments from the
Board.
Supervisor Alphin moved that the following amendments to the Zoning
Ordinance be adopted:
An Ordinance to Amend and Reenact the Isle of Wight County Code by
Amending and Reenacting the Following Articles of Appendix B, Zoning:
Article III, Use Types; Article IV, Zoning Districts and Boundaries; Article
V, Supplementary Use Regulations; Article VI, Overlay Districts; Article
6
VII, General Design Guidelines for Development Projects; Article VIII,
Landscaping and Screening Standards; in order to make legislative updates
from the state, and to clarify and make revisions to certain language
contained in the ordinance.
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 III, Use Types,
Section 3-3000, Residential use types, and Section 3-6000, Commercial use
types; Article IV, Zoning Districts and Boundaries, Section 4-11005, Limited
Industrial Bulk regulations; Article V, Supplementary Use Regulations,
Section 5-5003, Supplementary use regulations for civic use types; Article
VI, Overlay Districts, Section 6-2009, Development standards, and Article
VIII, Landscaping and screening standards, Section 8-1003, Landscaping and
screening requirements and design guidelines, Section 8-1005, Landscaping
zones of the Isle of Wight County Code be amended and reenacted as
follows:
Sec. 3-3000. Residential use types.
Accessory apartment.\ An accessory dwelling unit on the same lot as a single-
family detached dwelling or a commercial use that is clearly incidental and
subordinate to the main use or a separate, complete housekeeping unit that is
substantially contained within the structure of, and clearly secondary to, a
single-family dwelling.
Apartment house.\ See "multifamily dwelling."
Boathouse.\ An accessory structure which is constructed either wholly or
partially over a body of water, which is designed primarily to provide shelter
7
for water craft or for marine related equipment, for the personal enjoyment of
the occupants of the property.
Community recreation.\ A recreational facility for use solely by the residents
and guests of a particular residential development, planned unit development,
or residential neighborhood, including indoor and outdoor facilities. These
facilities are proposed or planned in association with development and are
usually located within or adjacent to such development. Such uses may
include clubhouses, swimming pools, workout facilities, and tennis courts.
Condominium.\ A building or group of buildings containing three (3) or more
residential units in which the units are owned individually and the structure,
common areas and facilities are owned by all of the owners on a proportional,
undivided basis and which has been created by the recordation of
condominium instruments pursuant to the provision of Chapter 4.2 of Title 55
of the Code of Virginia.
Dwelling, multifamily conversion.\ A multifamily dwelling containing not
more than four (4) dwelling units and results from the conversion of a single
building containing at least two thousand (2,000) square feet of floor area that
was in existence on the effective date of this ordinance and that was
originally designed, constructed and occupied as a single-family residence.
Dwelling, single-family.\ A one-family dwelling unit which is surrounded on
all sides by yards or other open space located on the same lot and which is
not attached to any other dwelling by any means.
Dwelling, single-family, farm.\ A one-family dwelling unit which is
surrounded on all sides by yards or other open space located on the same lot
and which is not attached to any other dwelling by any means, and is located
on a lot or parcel containing at least ten (10) acres.
Dwelling, two-family.\ A structure arranged or designed to be occupied by
two (2) families, the structure having only two (2) dwelling units on the same
lot. This use also includes duplexes.
Family day care home.\ A child day care program offered in the residence of
the provider or in the residence of any of the children being cared for and
serving six (6) through twelve (12) children under the age of thirteen (13),
exclusive of the provider's own children and any children who reside in the
home, when at least one (1) child receives care for compensation. Caring for
five (5) or less children shall be considered babysitting as a home occupation.
Group home.\ A residential facility, as defined in Section 15.2-2291 of the
Code of Virginia, in which no more than eight (8) mentally ill, mentally
8
retarded, or developmentally disabled persons reside, with one (1) or more
resident or non-resident staff persons which will be considered as residential
occupancy by a single family. Mental illness and developmental disability
shall not include current illegal use or addiction to a controlled substance as
defined in Section 54.1-3401 of the Code of Virginia. Any use not meeting
the definition of "group home" as herein stated, shall require a special use
permit pursuant to section 1-1018 of this ordinance.
Guest house.\ Dwelling or lodging units for a temporary nonpaying guest or
guests in a separate accessory building.
Home occupation, Type I.\ An accessory use of a residence for gainful
employment involving the provision of goods and/or services in accordance
with subsection 5-5002.J, and which affords the greatest degree of protection
to surrounding residents in those areas which are developing and becoming
more suburban in nature.
Home occupation, Type II.\ An accessory use to a residence for gainful
employment involving the provision of goods and/or services in accordance
with subsection 5-5002.J, and which are associated with the more traditional
agricultural and forestry related activities found in the rural areas.
Kennel, private.\ The keeping, breeding, raising, showing or training of dogs
for personal enjoyment of the occupants of the property, and for which
commercial gain is not the primary objective.
Manufactured home, Class A.\ A manufactured home, commonly referred to
as a "doublewide," constructed after July 1, 1976, that meets or exceeds the
construction standards promulgated by the U.S. Department of Housing and
Urban Development that were in effect as the time of construction.
Manufactured home, Class B.\ A manufactured home, commonly referred to
as a "singlewide," constructed after July 1, 1976, that meets or exceeds the
construction standards promulgated by the U.S. Department of Housing and
Urban Development that were in effect at the time of construction.
Manufactured home, Class C.\ Any manufactured home, usually consisting of
a "singlewide" but also includes "doublewide", constructed before July 1,
1976.
Manufactured home, family member residence.\ A manufactured home, Class
B located on a lot or parcel with an existing single-family dwelling. The
inhabitant of the manufactured home is a family member of the owner of the
existing single-family dwelling.
9
Manufactured home, temporary residence.\ A manufactured home, Class B
(single-wide) used temporarily during the construction, repair or renovation
of a permanent residential structure on a single lot or parcel.
Manufactured home park.\ A residential use in which more than one (1)
manufactured home is located on a single lot or tract of land.
Manufactured home subdivision.\ A subdivision especially designed and
improved to accommodate manufactured homes and in which lots are sold for
occupancy by manufactured homes.
Multifamily dwelling.\ A building or portion thereof, which contains three (3)
or more dwelling units for permanent occupancy, regardless of the method of
ownership. Included in the use type would be garden apartments, low and
high-rise apartments, and apartments for elderly housing.
Temporary emergency housing.\ A manufactured home, Class B or
recreational vehicle used temporarily for a period of reconstruction or
replacement of an uninhabitable dwelling lost or destroyed by fire, acts of
nature or used temporarily as housing relief to victims of declared disaster.
Townhouse.\ A grouping of two (2) or more attached single-family dwellings
in a row in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated from any other
unit by one (1) or more common fire-resistant walls. (7-7-05; 7-17-14.)
Sec. 3-6000. Commercial use types.
Adult entertainment establishment.\ An establishment having a substantial or
significant portion of its stock in trade books, magazines and other
periodicals which are distinguished or characterized by their emphasis on
matter depicting, describing or related to "specified sexual activities" or
"specified anatomical areas," or an establishment with a segment or section
devoted to the sale or display of such material. This use includes any adult
bookstore, adult mini-motion-picture theater, adult picture theater, cabaret,
massage parlor, drug paraphernalia store, or tattoo parlor.
Agricultural service.\ An establishment primarily engaged in providing
services specifically to the agricultural community which is not directly
associated with a farm operation. Included in this use type would be servicing
of agricultural equipment, independent equipment operators, and other related
agricultural services.
Antique shop.\ A place offering primarily antiques for sale. An antique for
the purposes of this ordinance shall be a work of art, piece of furniture,
10
decorative object, or the like, of or belonging to the past, at least thirty (30)
years old.
Auction establishment.\ A structure or enclosure where goods and/or
livestock are sold by auction on a recurring basis. Expressly excluded from
this use are non-recurring auctions of property, possessions, estates, and other
items located at the premises where the auction is being conducted.
Bed and breakfast.\ A dwelling or portion thereof, in which lodging is
provided by the owner or operator who resides on the premises. This use
offers short-term lodging rooms and meals for transient guests, none of who
remain for more than fourteen (14) consecutive nights each. This definition
shall include the term tourist home.
Boarding house.\ A single-family dwelling unit, or part thereof, with three (3)
or more rooms that are rented individually or collectively by long-term
residents (at least month-to-month tenants) as opposed to overnight or weekly
guests. A boarding house may make provisions for serving meals.
Boat repair yard.\ See "marina" listed under commercial use types.
Boating and fishing facilities.\ Facilities catering to the general public,
whether an admission is charged or not, where provisions are made for
fishing from the shoreline or from a pier and/or launching or rental of boats
are available on-site.
Business support service.\ Establishment or place of business engaged in the
sale, rental or repair of office equipment, supplies and materials, or the
provision of services used by office, professional and service establishments.
Typical uses include office equipment and supply firms, small business
machine repair shops, convenience printing and copying establishments, mail
and packaging stores, as well as temporary labor services.
Business or trade school.\ A use providing education or training in business,
commerce, language, or other similar activity or occupational pursuit, and not
otherwise defined as an educational facility, either primary and secondary, or
college and university, or as a home occupation.
Campground.\ Any site, lot, parcel or tract of land on which accommodations
for temporary occupancy are located or may be placed, including cabins,
tents, and recreational equipment, recreational vehicles, and which is
primarily used for recreational purposes and retains an open air or natural
character.
Campground, workforce – A small campground facility intended for the
temporary workforce routinely required by establishments in the community
11
for periods of up to one hundred and twenty (120) days at a time, and are
intended to have only the minimum essential services necessary for
recreational vehicles.
Car wash.\ Washing and cleaning of vehicles. Typical uses include automatic
conveyor machines and self-service car washes.
Commercial equipment repair, accessory to dwelling.\ The repair and/or
maintenance of mechanical, electrical, or electronic devices and equipment,
such as, computers, televisions, lawnmowers, household appliances, machine
parts, and other similar devices.
Commercial indoor amusement.\ Establishments which provide games of
chance, skill or scoring as other than an incidental use of the premises.
Games would include pinball and video machines, pool and billiard tables
and other similar amusement or entertainment devices, whether or not they
are coin-operated, and also card games, bingo, and off-track betting. Typical
uses include game rooms, pool halls, video arcades, and bingo parlors.
Commercial indoor entertainment.\ Predominantly spectator uses conducted
within an enclosed building. Typical uses include motion picture theaters,
drama theaters, concert or music halls.
Commercial indoor sports and recreation.\ Predominantly participant uses
conducted within an enclosed building. Typical uses include bowling alleys,
ice and roller skating rinks, indoor racquetball, squash courts, swimming,
and/or tennis facilities, archery and indoor shooting ranges and similar uses.
Commercial outdoor entertainment/sports and recreation.\ Predominantly
spectator uses conducted in open or partially enclosed or screened facilities.
Typical uses include motor vehicle, boat, motorcycle or animal racing
facilities/complexes, drive-in movies, miniature golf, amphitheaters and
outdoor amusement parks, motorized cart and motorcycle tracks, and
motorized model airplane flying facilities. Professional and semi-professional
athletic fields shall also be included in this use.
Commercial outdoor swimming pool and tennis facility.\ Outdoor pools or
tennis facilities operated by a commercial entity that are open to the general
public usually requiring membership or some form of payment.
Construction office, temporary.\ A trailer used as a temporary office during a
construction operation. This use includes construction office trailers occupied
in conjunction with residential or nonresidential development.
Construction sales and service.\ Establishments or places of business
primarily engaged in retail or wholesale sale, from the premises, of materials
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used in the construction of buildings or other structures, but specifically
excluding motor vehicle or equipment supplies otherwise classified herein.
Typical uses include building material stores and home supply
establishments.
Contractor office and storage facility.\ An establishment or place of business
engaged in the construction of residential or commercial structures including
trades that assist in building construction or remodeling including carpentry,
electrical, masonry, painting, metalworking, flooring installation, ductwork,
plumbing, heating, air conditioning, roofing, and other similar trades.
Convenience store.\ Establishments primarily engaged in the provision of
frequently or recurrently needed goods for household consumption, such as
prepackaged food and beverages, limited household supplies and hardware.
Crematorium.\ A location used for cremation containing properly installed,
certified apparatus for this process.
Dance hall.\ Any establishment open to the general public where dancing is
permitted and a cover charge is directly or indirectly required for entry into
the establishment. However, a restaurant licensed to serve food and
beverages having a dance floor with an area not exceeding ten (10) percent of
the total floor area of the establishment shall not be considered a dance hall.
Equipment sales and rental.\ Establishments primarily engaged in the sale or
rental of tools, trucks, tractors, construction equipment, and similar industrial
equipment. Included in this use type is the incidental storage, maintenance,
and servicing of such equipment.
Flea market.\ Occasional or periodic commercial activities held in an open
area or enclosed structure where groups of sellers rent space on a short-term
basis to display, barter, or sell goods to the general public. A fee may be
charged for expected buyers for admission, or a fee may be charged for the
privilege of offering or displaying such merchandise. A flea market is
composed of semi-closed or outdoor stalls, stands, or spaces.
Funeral home.\ Establishments engaged in undertaking services such as
preparing the dead for burial, and arranging and managing funerals. This use
excludes crematorium, which is defined separately.
Garden center.\ Establishments engaged primarily in the retail sale of trees,
shrubs, seeds, fertilizers, pesticides, plants, plant materials, and garden
supplies, primarily for agricultural, residential and commercial consumers.
Gasoline station.\ A facility for the retail sale of motor vehicle fuels, oils, and
accessories, where repair is incidental, where no more than two (2)
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abandoned vehicles or other motor vehicles shall be stored on the premises.
May include the sale of propane or kerosene as an accessory use.
General store, country.\ A single store, the ground floor area of which is four
thousand (4,000) square feet or less and which offers for sale, primarily, most
of the following articles: bread, milk, cheese, candy, papers and magazines,
and general hardware articles. Gasoline may also be offered for sale but only
as a secondary activity of a country general store.
Golf course.\ A tract of land for playing golf, improved with tees, greens,
fairways, hazards, and which may include clubhouses and shelters. Included
would be executive or par three (3) golf courses.
Golf driving range.\ A limited area on which golf players do not walk, but
onto which they drive golf balls from a common driving tee.
Hospital.\ A building or group of buildings having room facilities for one (1)
or more patients, used for providing services for the inpatient medical or
surgical care of sick or injured humans and which may include related
facilities such as laboratories, outpatient departments, training facilities,
central service facilities, ambulance stops and helicopter landing sites, and
other incidental and subordinate uses integral to hospital operations.
Hospital, special care.\ A special care hospital shall mean an institution
rendering care primarily for patients with mentally-related illness, or under
treatment for alcoholism, substance abuse, etc.
Hotel/motel/motor lodge/inn.\ A building or group of attached or detached
buildings containing lodging units intended primarily for rental or lease to
transients by the day or week. Such uses generally provide additional services
such as daily maid service, restaurants, taverns, or public banquet halls,
ballrooms, and meeting rooms and/or recreation facilities.
Kennel, commercial.\ The boarding, breeding, raising, grooming or training
of two (2) or more dogs, cats, or other household pets of any age not owned
by the owner or occupant of the premises.
Laundry.\ Establishments primarily engaged in the provision of laundering,
cleaning or dyeing services other than those classified as personal services.
Typical uses include bulk laundry and cleaning plants, diaper services, or
linen supply services.
Lawn and garden services.\ Establishments primarily engaged in performing
a variety of lawn and garden services, including Bermuda sprigging services,
cemetery upkeep, garden maintenance, garden planting, lawn care, lawn
fertilizing services, lawn mowing services, lawn mulching services, lawn
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seeding services, lawn spraying services, lawn sprigging services, mowing
highway center strips and edges, seeding highway strips, sod laying and turf
installation.
Manufactured home sales.\ Establishment primarily engaged in the display,
retail sale, rental, and minor repair of new and used manufactured homes,
parts, and equipment.
Marina.\ A use for docking or mooring of more than four (4) boats (excluding
paddle or rowboats) or providing services to boats, including servicing and
repair, sale of fuel and supplies, and provisions of lodging, goods, beverages.
A yacht or boat club shall be considered a marina.
Medical clinic.\ A facility providing medical, psychiatric, or surgical service
for sick or injured persons exclusively on an outpatient basis including
emergency treatment, diagnostic services, training, administration and
services to outpatients, employees, or visitors. This use may include
ambulance stops, helicopter landing sites, and other incidental and
subordinate uses integral to providing outpatient care. This would include
medical offices in excess of ten thousand (10,000) square feet of floor area.
Mini-warehouse.\ A building designed to provide rental storage space in
cubicles where each cubicle has a maximum floor area of four hundred (400)
square feet. Each cubicle shall be enclosed by walls and ceiling and have a
separate entrance for the loading and unloading of stored goods.
Motor vehicle dealership, new.\ The use of a building, land area or other
premises for the display of new and used automobiles, trucks, vans, or
motorcycles for sale or lease, including warranty repair work and other major
and minor repair service conducted as an accessory use.
Motor vehicle dealership, used.\ Any lot or establishment where two (2) or
more used motor vehicles, including automobiles, trucks, and motorcycles are
displayed at one (1) time for sale or lease, including warranty repair work and
other major and minor repair service conducted as an accessory use.
Motor vehicle/outdoor storage.\ The outdoor storage of operable motor
vehicles, and boats. Motor vehicles in this use shall include cars, trucks,
sports utility vehicles, motorcycles, boats, motor homes or RVs. This use
shall specifically include vehicle impound areas for operable vehicles.
Motor vehicle parts/supply, retail.\ Retail sales of automobile parts and
accessories. Typical uses include automobile parts and supply stores which
offer new and factory rebuilt parts and accessories, and include
establishments which offer minor automobile repair services.
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Motor vehicle/rental.\ Rental of motor vehicles and light trucks and vans,
including incidental parking and servicing of vehicles for rent or lease.
Typical uses include auto rental agencies and taxicab dispatch areas.
Motor vehicle repair service/major.\ Repair of construction equipment,
commercial trucks, agricultural implements and similar heavy equipment,
including automobiles, where major engine and transmission repairs are
conducted. Typical uses include automobile and truck repair garages,
transmission shops, radiator shops, body and fender shops, equipment service
centers, machine shops and other similar uses where major repair activities
are conducted.
Motor vehicle repair service/minor.\ Repair of automobiles, noncommercial
trucks, motorcycles, motor homes, recreational vehicles, or boats, including
the sale, installation, and servicing of equipment and parts. Typical uses
include tire sales and installation, wheel and brake shops, oil and lubrication
services, automobile glass repair and similar repair and service activities
where minor repairs and routine maintenance are conducted.
Pawn shop.\ A use engaged in the loaning of money on the security of
property pledged in the keeping of the pawnbroker and the incidental sale of
such property.
Personal improvement service.\ Establishment primarily engaged in the
provision of informational, instructional, personal improvements and similar
services. Typical uses include driving schools, health fitness centers or gyms,
reducing salons, dance studios, handicraft and hobby instruction, and baseball
and basketball instruction facilities.
Personal service.\ Establishment or place of business engaged in the
provision of frequently or recurrently needed services of a personal nature.
Typical uses include beauty and barber shops; grooming of pets;
seamstresses, tailors, or shoe repairs; florists; and laundromats and dry
cleaning stations serving individuals and households.
Real estate office, temporary.\ A class A or B manufactured home, single-
family home or other structure used on a temporary basis as a real estate sales
office in conjunction with residential development.
Recreational vehicle sales and service.\ Retail sales of recreational vehicles
and boats, including service and storage of vehicles and parts and related
accessories.
Restaurant, drive-in fast food.\ An establishment primarily engaged in the
preparation of food and beverages, for either take-out, delivery or table
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service, primarily served in disposable containers at a counter, a drive-up or
drive-through service facility or offers curb service.
Restaurant, general.\ An establishment engaged in the preparation of food
and beverages. This use is characterized by table service to customers in
nondisposable containers.
Retail sales.\ Sale or rental with incidental service of goods and merchandise
for personal or household use which is not otherwise specifically described in
the listing of commercial use types contained herein. Such uses include
bakeries, drug stores, bookstores, furniture, gifts, hardware, grocery stores,
clothing stores, and floral retail shops.
Studio, fine arts.\ A building, or portion thereof, used as a place of business
for visual art, which may include sculptors, artists or photographers.
Taxidermy.\ A building where animal skins are prepared, stuffed and
mounted for sale.
Truck stop.\ An establishment containing a mixture of uses which cater to the
traveling public and in particular motor freight operators. A truck stop might
include such uses as fuel pumps, restaurants, overnight accommodations,
retail sales related to the motor freight industry, and similar uses.
Truck terminal.\ See "warehousing and distribution" listed under industrial
use types.
Veterinary hospital/clinic.\ Any establishment rendering surgical and medical
treatment of animals. Boarding of animals shall only be conducted indoors,
on a short-term basis, and shall only be incidental to such hospital/clinic use,
unless also authorized and approved as a commercial kennel. (7-7-05; 8-21-
08; 12-18-08; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-4-C, 4-18-13; 6-
19-14; 7-17-14.)
Sec. 4-11005. Bulk regulations.
A. Maximum height of structures:
1. All structures: Seventy-five (75) [feet].
a. The side and rear yard setbacks for any structure in excess of thirty-five
(35) feet in height shall be increased one (1) foot for each additional foot of
structure height over thirty-five (35) feet.
b. Where structures exceed the thirty-five-foot height requirement a
building separation of thirty (30) feet shall be required.
c. See subsection 5-2000.D, for exceptions to height limits.
B. Maximum density:
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1. Floor area ratio for nonresidential: One-half (0.50) square foot per foot
of net developable area.
C. Minimum setback requirements:
1. Front yard: Thirty-five (35) feet.
a. Industrial uses shall meet a setback of one hundred (100) feet, except
that office buildings associated with the industrial use may meet the
minimum thirty-five (35) feet setback.
b. For lots within designated industrial park of twenty (20) acres or more,
office buildings associated with the industrial use shall meet a setback of
thirty-five (35) feet.
2. Side yard: Twenty (20) feet.
3. Rear yard: Twenty (20) feet.
D. Maximum lot coverage: ..... Sixty percent (60%).
E. Minimum open space ratio (OSR): ..... Twenty-five percent (25%). (7-
7-05; 6-14-07; 8-20-09.)
Sec. 5-5003. Supplementary use regulations for civic use types.
A. Adult care center.
1. Proof that all required local, state, or federal licenses, permits, and
other documents necessary for the operation of an adult care center shall be
provided to the zoning administrator prior to the issuance of a zoning permit.
2. The zoning administrator shall be notified of any license expiration,
suspension, revocation or denial within three (3) days of such event. Failure
to do so shall be deemed willful noncompliance with the provisions of this
zoning ordinance.
3. Where provided for in the zoning district(s) regulation(s) as a
conditional use, an adult day care center may be permitted by the board of
supervisors with a recommendation by the planning commission upon a
finding of the following criteria:
a. That the adult care center will not create excessive traffic, insufficient
parking, number of individuals being cared for, noise, or type of physical
activity; and
b. That there is ample indoor and outdoor space, free from hazard,
appropriately equipped with considerations given to the physical and mental
conditions of the persons attending the adult care center.
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4. A conditional use permit shall not be required for an adult care center
that is operated by a religious organization, in buildings or structures on
property regularly used as a place of worship, or on adjacent leased property.
B. Cemetery.
1. Any burial plot on land abutting a public or private street shall comply
with the required front yard setback of the underlying zoning district and
twenty-five (25) feet from all property lines.
2. Arrangements for perpetual maintenance of the cemetery shall be in
compliance with all applicable governmental laws and regulatory
requirements and shall be approved by the county attorney as to form.
3. Cemeteries and distance from wells. All cemeteries shall meet the
requirements set forth below unless otherwise exempted by the department of
health.
Well Class Distance from Cemetery
Class 3A or deep well Minimum 50 feet
Class 3B well Minimum 50 feet
Class 3C or a shallow well Minimum 100 feet
Class 4 well Minimum 100 feet
4. Landscaping shall be distributed across the area developed as a
cemetery to provide a minimum of ten percent (10%) canopy coverage or
shading within twenty (20) years.
The proposed location for a cemetery shall be compatible with adjacent land
uses, existing or proposed highways, and any other elements or factors
deemed to affect the public health, safety, and welfare of the inhabitants of
such district.
C. Child care center.
1. Proof that all required local, state, or federal licenses, permits, and
other documents necessary for the operation of a child care center shall be
provided to the zoning administrator prior to the issuance of a zoning permit.
2. The zoning administrator shall be notified of any license expiration,
suspension, revocation or denial within three (3) days of such event. Failure
to do so shall be deemed willful noncompliance with the provisions of this
zoning ordinance.
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3. Where provided for in the zoning district(s) regulation(s) as a
conditional use, a child care center may be permitted by the board of
supervisors with a recommendation by the planning commission upon a
finding of the following criteria:
a. That the child care center will not create excessive traffic, insufficient
parking, number of individuals being cared for, noise, or type of physical
activity;
b. That there is ample indoor and outdoor play space, free from hazard,
appropriately equipped, and readily accessible for the age and number of
children attending the child day care center; and
c. That the area of the property upon which the child care center is located
contains no less than one thousand (1,000) square feet per child to be cared
for in the child care center.
4. A conditional use permit shall not be required for a child care center
that is operated by a religious organization, in buildings or structures on
property regularly used as a place of worship, or on adjacent leased property.
D. Child care institution.
1. Setbacks adjacent to single-family residential districts or property used
for single-family dwellings shall be at least sixty (60) feet. No active
recreational areas, refuse containers, parking or vehicular access, etc., should
be located within this setback area.
2. Perimeter landscaping shall be in accordance with use types as
specified in article VIII, and fencing shall be required.
3. Entrances for vehicular access must be provided in accordance with
requirements of the Virginia Department of Transportation, and shall be
located at least sixty (60) feet from exterior lot lines.
4. Vehicular parking shall be in accordance with the requirements of this
ordinance.
5. Lighting shall be installed in accordance with article XI (outdoor
lighting requirements and restrictions) and shall be arranged to shine inward
so that it does not reflect onto adjacent properties or impair the safe
movement of traffic.
E. Community center.
1. Pedestrian access and/or bike paths shall be provided to adjacent
residential developments. A bike parking area shall also be provided.
2. Entrances for vehicular access must be provided in accordance with
requirements of the Virginia Department of Transportation, and shall be
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located at least fifteen (15) feet from any recreational use on the lot and from
exterior lot lines.
3. Vehicular parking shall be in accordance with the requirements of this
ordinance and shall not be designed as to require or encourage cars to back
into a street.
4. Lighting shall be installed in accordance with article XI (outdoor
lighting requirements and restrictions) and shall be arranged to shine inward
so that it does not reflect onto adjacent properties or impair the safe
movement of traffic.
F. Educational facility, primary/secondary. ..... Facilities in the RAC and
VC enlarged without a conditional use permit provided that all other site plan
requirements are met.
G. Modular classroom. ..... Modular classroom unit(s) shall only be
allowed on a temporary basis, not to exceed twelve (12) months, on the site
of an existing primary/secondary, college/university, or religious assembly
educational facility.
1. No more than three (3) units shall be allowed on a single site without
approval of a conditional use permit.
2. The placement of the modular classroom unit(s) shall meet all of the
required building setbacks for the underlying zoning district. In addition, all
modular classroom unit(s) shall be setbacks at least thirty-five (35) feet from
the front or primary entrance of the permanent education facility.
3. The existing parking on the site shall meet the requirements of article
X, including spaces necessary to serve users of the modular classroom
unit(s).
4. Exterior lighting of the modular classroom unit(s) shall be shielded and
shall have zero (0) spillover onto adjacent properties.
5. If existing landscaping on the site does not meet the requirements of
article VIII, additional landscaping shall be required to attain the minimum
buffer and frontage zone landscaping requirements of the site. Foundation
zone planting is not required for modular classroom units which are in place
less than twelve (12) months.
6. Modular classroom unit design and installation shall meet all applicable
federal, state and local building code regulations.
7. Modular classrooms which require placement longer than twelve (12)
months or construction of additional parking shall require a conditional use
permit.
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H. Nursing home. ..... Buildings in existence as of the date of adoption of
this ordinance may be expanded or enlarged without a conditional use permit
provided that all other site plan requirements are met.
I. Public maintenance and service facility. ..... Outside storage of
materials shall be completely screened from public view, including vehicular
storage areas.
J. Public park and recreational area.
1. All outdoor recreational playfields, grounds and facilities and
associated fences or enclosures shall conform to the required front and comer
side yard building setbacks of the underlying zoning district.
2. Recreational structures for indoor recreation shall meet the required
setbacks of the underlying zoning district for a primary use.
3. Pedestrian access shall be provided whenever practicable to adjacent
residential properties.
4. Entrances for vehicular access must be provided in accordance with
requirements of the Virginia Department of Transportation, and shall be
located at least fifteen (15) feet from any recreational use on the lot and
twenty-five (25) feet from any exterior lot lines.
5. 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.
6. 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.
7. All public swimming pools shall conform to the following minimum
requirements:
a. Setback requirements: Seventy-five (75) feet from any property line.
i. Additional setback requirements:
1. Setback adjacent to residential zone: One hundred twenty-five (125)
feet.
2. Setback adjacent to railroad right-of-way, publicly point: Twenty-five
(25) feet.
b. Any buildings erected on the site of any such pool shall comply with
the yard requirements of the zone in which the pool is located.
8. A public water supply shall be available and shall be used for the pool.
Use of a private supply of water for the pool may be granted by conditional
22
use permit provided that it will not adversely affect the water supply of the
community.
9. Perimeter landscaping shall be in accordance with article VIII and
fencing shall be required adjacent to a residential zone.
10. Special conditions deemed necessary to safeguard the general
community interest and welfare, such as provisions for off-street parking,
additional fencing or planting or other landscaping, additional setback from
property lines, location and arrangement of lighting and other reasonable
requirements, including a showing of financial responsibility by the
applicant, may be required by the board of supervisors with a
recommendation from the planning commission as a requisite to the granting
of a conditional use when applicable.
K. Religious assembly.
1. Religious facilities in the RAC, RR, NC, and VC districts in existence
as of the date of this ordinance may be expanded or enlarged without a
conditional use permit provided that all other site plan requirements are met.
2. Religious assembly may occupy existing civic or commercial facilities
in the RAC, VC, GC and PD-MX districts as a principal, accessory or
temporary use provided that the existing site improvements, particularly
parking, are adequate to accommodate the demands of the use and provided
that the use is allowed under the conditional zoning of the property, if
applicable.
Any new construction, expansion, or enlargement shall obtain a conditional
use permit in accordance with this ordinance.
L. Utility service, minor. ..... All new customer utilities, services,
including, but not limited to, all wires, cables, pipes, conduits and
appurtenant equipment, carrying or used in connection with the furnishing of
electric power, telephone, telegraph, cable televisions, petroleum, gas, steam,
water or sewer systems, shall, after the effective date of this ordinance be
placed below the surface of the ground; provided, that:
1. Equipment such as electric distribution transformers, transmission 33
KV and above, switchgear, meter pedestals and telephone pedestals, which
are normally installed above ground and in accordance with accepted utility
practices for underground distribution systems may be so installed;
2. Meters, service connections and similar equipment normally attached to
the outside wall of the premises it serves may continue to be so installed;
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3. Overhead utilities services existing as of October 29, 1974, may be
repaired, replaced or increased in capacity; and relocated parallel and
adjacent to preexisting state roads;
4. Temporary overhead facilities required for construction purposes will
be permitted;
5. Whenever relocation of utility facilities is compelled by any
construction undertaken by any unit of government, the provisions of this
section may be waived by the board of supervisors or its agent;
6. Overhead farm and industrial customer utility services and wiring
which is on property owned and/or occupied by the users thereof will be
permitted;
7. Underground utilities will not be required in those areas of the county
zoned rural agricultural conservation districts under the zoning ordinance of
Isle of Wight County;
8. Underground utilities will not be required in industrial parks which
would be defined as subdivisions by the subdivision ordinance of Isle of
Wight County if zoned to an industrial use under the zoning ordinance of Isle
of Wight County;
9. Overhead utilities services may be extended within a subdivision where
the average lot size (excluding the original parcel) is greater than five (5)
acres and may further be extended in any case where such extension would
be parallel and adjacent to public roads existing as October 29, 1974. Utilities
services along roads not existing as of October 29, 1974, and internal to a
subdivision where the average lot size (excluding the original parcel) is five
(5) acres or less must be underground. Overhead utilities services may be
extended along or across other public roads as authorized by the zoning
administrator.
10. All improvements herein required shall be in accordance with accepted
standards of utility practice for underground construction.
M. Utility services, major.
1. Public utility buildings in any permitted residential zone shall have the
exterior appearance of residential buildings. Landscaping shall be provided in
accordance with article VIII.
2. Nothing herein shall require a conditional use permit for repair of a
water well so long as the design capacity of the repaired well is not increased;
nor shall a conditional use permit be required for replacement of a well which
is worn out or has become less productive, so long as:
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a. The replacement well is no more than one-fourth (¼) of a mile in
distance from the well being replaced;
b. The replaced well is abandoned in accordance with regulations
administered and enforced by Virginia Department of Environmental Quality
or other applicable agency;
c. The replacement well shall draw water from the lower cretaceous
aquifer (Potomac Group) only;
d. The owner of the well demonstrates to the zoning administrator that the
replacement well will provide no more water than the well being replaced by
providing the zoning administrator board with the initial production tests of
the well being replaced and the initial production tests of the replacement
well; and
e. The average static water level of the lower cretaceous aquifer, as
determined from the average of all monitoring and observation wells of the
Virginia Department of Environmental Quality, has not dropped more than
fifty percent (50%) from the most recent average static water level.
(Measured from the most recent average static water level to the top of the
aquifer.)
Provided, further, that if the owner has more than one (1) well designed or
capable of producing fifty thousand (50,000) gallons or more per day located
in Isle of Wight County, Virginia, the owner shall provide the zoning
administrator with the name, location and initial production tests of such
other wells of said design or capacity.
3. The dissolution or abandonment of a public water system previously
approved by the Virginia Department of Health and/or the county shall
require obtaining a conditional use permit from the board of supervisors, after
recommendation from the planning commission. (7-7-05; 5-27-10; Ord. No.
2012-2-C, 2-16-12, 3-20-14.)
Sec. 6-2009. Development standards.
Proposed development within the district shall provide for visual
compatibility and harmony with surrounding natural land forms and
vegetation; be protective of views and vistas from arterial highways within
the district; and provide continuity of site design within the proposed
development. These objectives include the following standards:
A. Earth moving, fill, grading, clearing of property, and the removal of
trees and vegetation shall be the minimum necessary to provide for the use.
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In particular, activities that could cause disruption of natural watercourses or
disfiguration of natural land forms are prohibited.
B. Proposed development shall be located and configured in a visually
harmonious manner with the terrain and vegetation of the parcel and
surrounding parcels. Structures shall not impede scenic views from the
highway or from existing structures and the natural environment.
C. Structures shall not dominate, by excessive or inappropriate height or
mass, any general development, adjacent building, or natural landscape in an
incompatible manner.
F. 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.
G. All vehicular movement and parking areas shall be paved with
concrete, asphalt, or other similar material.
1. Parking shall be designed in accordance with one of the following
options:
a. When all of the parking is located to the side or rear of the primary
structure; the front setback may be reduced by twenty (20) feet.
b. No greater than twenty-five (25) percent of the required parking shall be
located in front of the primary structure. However, when more than twenty-
five (25) percent of the required parking is to be located in front of the
primary structure; a decorative fence no less than three (3) feet in height shall
be constructed between the parking and the public right of way. This fence
shall not count towards the required landscaping points for any specified
landscaping zone.
H. Concrete curb and gutter or other stormwater management structures as
approved by the zoning administrator shall be installed around the perimeter
of all driveways and parking areas. Drainage shall be designed so as not to
interfere with pedestrian and bicycle traffic.
I. To the greatest extent possible; stormwater management structures and
facilities shall be placed outside of the landscaping zones identified in article
VIII. When placement of stormwater management structures and facilities in
a landscaping zone is demonstrated as unavoidable by the applicant, and
approved by the board of supervisors following a recommendation by the
planning commission, and is not prohibited elsewhere in this ordinance, such
structure or facility shall be landscaped in a naturalized pattern utilizing
native species and the landscaping points required for the area encompassed
26
by the stormwater management structure or facility shall be disbursed
throughout the remaining area of the landscaping zone.
J. Crime prevention through environmental design (CPTED) principles
should be incorporated into site design to maximize public safety through
effective design of buildings, parking lots and public spaces. Principles
include territoriality, surveillance, and access control.
K. A shopping center, office complex or similar group of buildings shall
be arranged in such a manner to minimize the impact of vehicle parking areas
along the arterial with buildings fronting the arterial, and parking being
located in the center of the development away from the roadway.
L. Community and public spaces.
1. Each nonresidential establishment subject to these standards shall
contribute to the establishment or enhancement of community and public
spaces by providing at least two (2) of the following within the development:
a. Patio/seating area;
b. Pedestrian plaza with benches;
c. Open space (this is not calculated in open space ratio required for the
lot);
d. Kiosk/public message board area;
e. Water feature;
f. Sculpture or public art; or
g. Other such amenities, as may be determined by the zoning
administrator, that creates such community and public spaces.
2. Any such areas shall have direct access to the public sidewalk network
and such features shall not be constructed of materials that are inferior to the
principal buildings and site design.
M. Connecting uses.
1. Pedestrian pathways and bicycle pathways shall be provided
connecting buildings within a development including outparcels and to
adjacent developments and neighborhoods.
2. Integrated and consistent site design shall be provided between
outparcel buildings and main buildings within a development including
landscape amenities and architectural design.
3. Site development shall include streetscape improvements. These
improvements are considered as those architectural or functional facilities or
structures that occur on-site but are not part of the building and that
encourage and facilitate human interaction with the built environment.
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Examples include, but are not limited to, the following: decorative light
fixtures, fountains, sculptures, benches and tables, planters, retaining walls,
pedestrian and bicycle paths, bicycle parking structures, trash receptacles and
enclosures, a designated vending machine area, and fences. The following
streetscape improvements are required:
a. A customized entrance at the entry street intersecting the arterial or
collector which features a waterfall, sculpture, monument, special
landscaping, specialty pavement, enhanced fence wall details, or boulevard
median.
These improvements shall be designed to be consistent with all requirements
listed above, and shall be reviewed for function and compatibility with
district character.
N. Sidewalks.
1. Sidewalks, no less than ten (10) feet in width, shall be provided along
the full length of the building along any facade featuring a customer entrance,
and along any facade abutting public parking areas. Sidewalks shall provide
weather protection features such as awning or arcades within fifteen (15) feet
of all customer entrances, parallel to the building and at least six (6) feet deep
over the sidewalk.
O. Pedestrian and bike pathways.
1. The purpose of this system is to provide for nonvehicular traffic along
major corridors and between major destinations, with emphasis on connecting
residential areas to schools, recreation areas, and activity centers.
2. Pedestrian and bike pathways shall include the following:
a. Provide connections for, within and between developments for
pedestrian and bike traffic.
b. Provide facilities to store or lock bicycles at appropriate sties.
Including, but not limited to schools, recreation areas, office parks, public
institutions, and activity center focuses.
c. Develop the proposed bike pathway system in a manner that links to
existing and proposed neighborhoods, park lands, conservation areas, scenic
landscapes and historic/cultural sites in accordance with the goals and
objectives of the comprehensive plan.
P. Pedestrian walkways for shopping centers and retail establishments
with a square footage greater than twenty-five thousand (25,000).
1. Continuous internal pedestrian walkways, no less than eight (8) feet in
width, shall be provided from the public sidewalk or right-of-way to the
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principal customer entrance of all principal buildings on the site. At a
minimum, walkways shall connect focal points of pedestrian activity such as,
but not limited to, transit stops, street crossings, building and store entry
points, and shall feature adjoining landscaped areas that include trees, shrubs,
beds, ground covers, or other such materials for no less than fifty percent
(50%) of its length.
2. Crosswalks at busy intersections, between major pedestrian
destinations, between shopping centers and their parking, shall employ
techniques to signal a pedestrian zone both to the motor vehicle and the
pedestrian. These techniques include:
a. Crosswalks that are slightly raised;
b. The use of durable, low maintenance surface materials such as pavers,
bricks, or scored concrete to enhance pedestrian safety and comfort that are
distinguishable from driving surfaces; and
c. Bulb-out corners that reduce the length of the crosswalk for the
pedestrian.
Q. Screening.
1. Mechanical equipment, including, but not limited to heating,
ventilating, and air conditioning equipment, duct work, air compressors,
utility meters, aboveground tanks, satellite dishes, antennas, whether ground-
level or rooftop, shall be shielded and screened from view of adjacent
properties and public rights-of-way and designed to be perceived as an
integral part of the building. Screening can most often be accomplished
through increased parapet heights or mansard roof parapet design.
2. Ground-level equipment immediately adjacent to the building should
be screened with walls matching the building.
3. Areas for delivery area doors, open bays or truck parking shall not be
visible from abutting streets.
4. Outdoor storage shall be as permitted by the underlying zoning district
in the side and rear yards only, provided that all outdoor storage areas shall
be visually screened from public rights-of-way, internal roadway, and
adjacent property. Outdoor storage shall include the parking of all
commercial vehicles.
5. No areas for outdoor storage, trash collection or compaction, shall be
located within twenty (20) feet of any public street, public sidewalk, or
internal pedestrian way. They shall be screened from adjacent properties and
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public rights-of-way by a masonry wall designed to be compatible with the
principal building that it serves.
If the waste storage area is more than one hundred (100) feet away from the
property line, it may be screened by a masonry wall, dense evergreen
planting or architectural feature.
6. Loading areas shall be completely screened from view with berms,
buildings, and/or durable architectural walls to match the building in which it
serves. Loading areas shall be permitted only in the side and rear yards and
shall be visually screened from pubic rights-of-way, and adjacent property,
except that suitable provisions for access to loading areas may be allowed.
R. [Signs.] ..... Signs are permitted in accordance with article IX. (7-7-05;
2-13-07, 3-20-14.)
Sec. 7-2003. Simplified site plan.
A. A simplified site plan shall be submitted for a change or expansion of
an agricultural, commercial, civic, office, industrial or miscellaneous use on
an existing site, unless:
1. The sale or storage of gasoline or hazardous materials is involved as
part of the use; or
2. Such change involves a change from one (1) principal use category to
another, unless where the change from one (1) principal use category to
another principal use category will not have a substantial impact on the
property and/or surrounding properties, particularly, but not limited to,
parking facilities and stormwater management features. The principal use
categories shall be agricultural, residential, civic, office, commercial,
industrial, and miscellaneous; or
3. Such change or expansion will require additional parking and/or off-
street loading under the requirements of this ordinance, unless where the
additional parking and/or off-street loading space will not have a substantial
impact on the property and/or surrounding properties. Additional parking
shall be determined by comparing the proposed use to the most recent use of
the property and shall not be triggered by a reconfiguration of the site or
existing pervious area; or
4. In the case of an expansion, the expansion exceeds twenty-five percent
(25%) or twenty-five hundred (2,500) square feet of the floor area of the
existing building(s), or in the case where the building is incidental to the use,
the area occupied by the use, whichever is less; or
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5. An additional ingress/egress, change in ingress/egress, or additional
public improvements are required by the provisions of this ordinance; or
6. A nonresidential structure has remained unoccupied for more than two
(2) years, or in the case of a shopping center, fifty percent (50%) of the gross
square footage of the shopping center is vacant for more than two (2) years.
The exception to this requirement being where the existing site
improvements, particularly, but not limited to, parking and stormwater
management, are adequate to accommodate the demands of the new use; or
7. The scope of the proposed change or expansion is of such nature that
the provisions for the handling of natural and stormwater, erosion and
sediment control, and best management practices cannot be adequately
addressed with a simplified site plan.
B. A simplified site plan shall contain the following information:
1. Boundary drawing of the lot or area involved;
2. Present record owner of the property;
3. Vicinity map;
4. Location and size of the existing vehicular entrance to the site;
5. Location of public water and/or sewer or on-site sewage facilities;
6. Location, dimensions, height, and setbacks of all existing and proposed
buildings;
7. Location of existing vehicular movement and parking areas, and the
number of existing parking spaces;
8. Proposed use of structural addition;
9. Location of any existing required on-site drainage improvements or
best management practices;
10. Location of all required landscaping; or significant trees in accordance
with the requirements of article VIII;
11. Impervious coverage calculations;
12. Building coverage calculations;
13. Zoning of adjacent parcels; and
14. Any other information deemed appropriate or necessary by the zoning
administrator to establish compliance with this or any other ordinances.
C. The zoning administrator shall have approval authority over all
simplified site plans.
1. An initial determination shall be made as to whether the simplified site
plan is complete. In the event it is not complete, it shall be returned to the
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applicant with a written description of the deficiencies within fifteen (15)
working days of the submittal date.
2. Once a simplified site plan is determined to be complete, the plan shall
be reviewed for compliance with the ordinance. Where revisions are
determined to be necessary, the applicant shall be notified in writing within
thirty (30) days of the submittal date of a complete plan. If no revisions are
necessary, the applicant shall be notified in writing of a plan's approval
within the same thirty-day period. Approval may be contingent upon the
posting of any required surety, and other relevant requirements as may be
determined by the zoning administrator. (7-7-05; Ord. No. 2011-21-C, 11-17-
11.)
Sec. 8-1003. Landscaping and screening requirements and design guidelines.
A. Overall site design. ..... The following overall site layout and design
standards shall apply to all landscaping plans:
1. Landscaping design and planning are to be integrated within the overall
site design.
2. Natural appearing landscape forms are strongly encouraged. Straight
rows of plantings are discouraged and trees, shrubs, flower beds, and other
material types shall be interspersed with one another.
3. Landscape materials and designs are to be appropriate for the specific
characteristics of the site.
4. Native plants, as identified by the Virginia Department of Conservation
and Recreation (DCR), and materials indigenous to the region are desirable
and are encouraged, particularly because of their adaptation to local climate,
disease resistance, soils, hydrology, and adverse weather conditions.
5. Invasive species, as identified by the Virginia Department of
Conservation and Recreation (DCR), shall be prohibited.
6. Landscape plantings located within the sight triangle of roadway or
driveway intersections shall conform to Virginia Department of
Transportation (VDOT) guidelines for height.
7. Landscaped areas shall require protection from vehicular encroachment
by such means as, but not limited to, wheel stops, concrete or bituminous
curbs, or decorative walls or fencing.
8. No more than fifty percent (50%) of the required trees or shrubs in a
single landscaping zone shall be of a single species. This subsection shall not
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apply to existing trees preserved on the site or to single-family residential lots
which are regulated by subsection 8-1005.F.
9. Existing and viable trees and areas of significant vegetation are to be
preserved and protected, in accordance with section 8-1009. Existing shrubs
and trees which are suitable for use in required landscaping zones shall be
preserved and used to the maximum extent practicable. In no case shall any
viable, mature, heritage, or significant tree eight (8) inches or more in
diameter measured at breast height (four and one-half (4½)) feet from ground
level) be removed from any landscaping zone except to accommodate
necessary entrances, utility easements, or where such preservation would
create or perpetuate demonstrable hazards to public health, safety, or welfare,
subject to the approval of such removal by the zoning administrator.
10. Areas in which trees are preserved shall remain at original grade level
and undisturbed wherever possible. Trees and vegetation which are to be
preserved shall be clearly marked in the field.
11. Decorative walls, fences, berms and/or other earthforms may be
integrated into any landscaping program subject to setback and sight triangle
requirements, and the materials and construction standards in section 8-1009
12. Where sidewalks, or other pedestrian, bike, and/or equestrian trails are
proposed in the landscaped area, such paths shall be meandering, if
necessary, in order to preserve the existing trees.
13. To the greatest extent possible, stormwater management structures and
facilities shall be placed outside of the landscaping zones identified in this
article. When placement of stormwater management structures and facilities
in a landscaping zone is demonstrated as unavoidable by the applicant, and is
not prohibited elsewhere in this ordinance, such structure or facility shall be
landscaped in a naturalized pattern utilizing native species and the
landscaping points required for the area encompassed by the stormwater
management structure or facility shall be disbursed throughout the remaining
area of the landscaping zone. The Zoning Administrator may allow points to
be distributed to areas immediately adjacent to the landscaping zone affected
in order to allow for a more naturalized appearance and prevent overplanting
within the remaining landscaping zone area.
B. Landscaping points. ..... All plants, fences, walls, berms, or other
landscaping elements in a development plan are assigned a landscaping
points value in table 8-1004. Each applicable landscaping zone, as defined in
section 8-1005, on a development plan has a required landscaping points
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value and required design guidelines which must be met by the landscaping
plan.
1. All landscaping plans are required to have at least fifty percent (50%)
of the total landscaping points for the site as evergreen species.
2. In addition to the points required for each landscaping zone, all
multifamily, civic, commercial, industrial, and miscellaneous uses are
required to achieve a minimum fifteen percent (15%) landscape surface ratio
(LSR) for the total project site.
a. Plantings within the frontage zone, buffer zone, parking zone,
foundation zone, and screening zone may be included as landscape area in the
LSR calculation.
b. Undisturbed, delineated wetlands and riparian buffers may be included
as landscape area in the LSR calculation. (7-7-05; Ord. No. 2013-7-C, 5-16-
13.)
Sec. 8-1005. Landscaping zones.
A. The landscaping zones which may apply to any lot or parcel being
developed are the frontage zone, buffer zone, parking zone, foundation zone,
and screening zone, except that in the case of single-family residential lot
development, the whole site is treated as a single zone and regulated by
subsection 8-1005.D.
B. In the case of overlapping zones, the following hierarchy of application
shall apply:
1. Frontage zone;
2. Buffer zone;
3. Parking zone;
4. Foundation zone;
5. Screening zone.
C. In the event that any two (2) zones sit immediately adjacent to each
other the adjacent sections may be reduced by fifty percent (50%).
D. Zone requirements.
1. Frontage zone. ..... The frontage zone is a landscaping area located
along the entire frontage of the parcel with a width equal to the width of the
required front setback for the parcel, as defined by the underlying zoning
district.
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a. There are two (2) frontage zone classifications.
i. Rural frontage zone applies to all properties which are outside of the
designated development service districts and village centers of the county
comprehensive plan.
A. In the rural frontage zone, properties with a front setback of less than
fifty (50) feet are required to install a minimum of 1.25 points of landscaping
per linear foot of lot frontage.
B. In the rural frontage zone, properties with a front setback of fifty (50)
feet or greater are required to install a minimum of 1.75 points of landscaping
per linear foot of lot frontage.
C. In the rural frontage zone, eighty percent (80%) of landscaping points
are required to be non-ornamental species of trees. No more than fifty percent
(50%) of trees may be evergreen species. Native species are encouraged.
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ii. Development frontage zone applies to all properties which are within
the designated development service districts and village centers of the county
comprehensive plan.
A. In the development frontage zone, properties with a front setback of
less than fifty (50) feet are required to install a minimum of 1.25 points of
landscaping per linear foot of lot frontage.
B. In the development frontage zone, properties with a front setback of
fifty (50) feet or greater are required to install a minimum of 1.75 points of
landscaping per linear foot of lot frontage.
2. Buffer zone. ..... The buffer zone is a continuous landscaping screen,
ten (10) feet wide, required along all side and rear yards. Required
landscaping points are based on the parcel use type, as identified in article III
of this ordinance, as detailed below.
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a. One (1) pedestrian break of at least six (6) feet in width is required for
every fifty (50) linear feet in the buffer zone, except that breaks which are
used for placement of a surfaced walkway, pathway, or trail are required to
be the width of the trail plus an additional two (2) feet on either side of the
walkway, pathway, or trail.
b. Installation of all required points must be disbursed in a generally even
pattern throughout the buffer zone area, except in cases of concentrated
nuisance, such as lights or noise, which require heavier screening in a
particular location.
c. Required buffer zone by use type.
i. Agricultural use types.
A. Agricultural use types are not required to install buffer zone
landscaping.
ii. Residential use types.
A. Residential use types are not required to install buffer zone
landscaping, unless otherwise specified in this ordinance. Single-family
residential uses are required to install parcel or lot landscaping in accordance
with subsection 8-1005.F.
iii. Civic use types.
A. Civic use types are required to install a minimum of forty-five (45)
points of landscaping per five hundred (500) square feet of buffer zone.
iv. Office and commercial use types.
A. Office and commercial use types are required to install a minimum of
sixty (60) points of landscaping per five hundred (500) square feet of buffer
zone, except that uses which include a curb-side service restaurant or drive-
thru facility, or that operate between the hours of 10:00 p.m. and 5:00 a.m.
and/or more than twelve (12) hours per day shall be deemed office and
37
commercial intense use types for the purpose of landscaping and shall be
required to install a minimum of ninety (90) points of landscaping per five
hundred (500) square feet of buffer zone.
B. In the case of a master-planned commercial or office park, the required
buffer zone points shall be reduced by fifty percent (50%) for interior lot
lines which are platted as part of the overall park. No reduction shall be
allowed along sections of lot lines which are adjacent to properties not part of
the master-planned park or in buffer zones adjacent to the exterior borders of
the park, except as noted below.
i. In the case of a master-planned commercial or office park which has
installed buffer zone landscaping around the park as a whole, in accordance
with section 4-17005, the required buffer zone points per lot shall be zero (0)
along sections of lot lines which contain existing buffer zone landscaping in
accordance with section 4-17005
C. In the case of a commercial or office use type which is immediately
adjacent to another commercial and office use type, the minimum required
38
buffer zone points per lot shall be reduced by fifty percent (50%) along any
shared sections of the lot lines.
v. Industrial use types.
A. Industrial use types are required to install a minimum of one hundred
twenty (120) points of landscaping per five hundred (500) square feet of
buffer zone.
B. In the case of a master-planned industrial or commerce park, the
required buffer zone points per lot shall be reduced by fifty percent (50%) for
interior lot lines which are platted as part of the overall park. No reduction
shall be allowed along sections of lot lines which are adjacent to properties
not part of the master-planned park or in buffer zones adjacent to the exterior
borders of the park except as noted below.
1. In the case of a master-planned industrial or commerce park which has
installed buffer zone landscaping around the park as a whole, in accordance
with section 4-19005, the required buffer zone points per lot shall be zero (0)
along sections of lot lines which contain existing buffer zone landscaping in
accordance with section 4-19005
vi. Miscellaneous use types.
A. Miscellaneous use types are required to install a minimum of one
hundred twenty (120) points of landscaping per five hundred (500) square
feet of buffer zone.
B. The zoning administrator may administratively waive up to thirty (30)
points of landscaping per five hundred (500) square feet for the buffer zone
of less intense miscellaneous uses, with a written request, including
justification, from the applicant.
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1. Waiver requests greater than thirty (30) points per five hundred (500)
square feet shall be considered by the board of supervisors following a
recommendation by the planning commission.
3. Parking zone. ..... The parking zone is a continuous perimeter buffer,
ten (10) feet in width, surrounding the entire parking area, which includes
parking spaces and any directly adjacent sidewalks, loading zones, drive
aisles, and ingress/egress driveways.
a. Parking zones shall install a minimum of sixty (60) points of
landscaping per five hundred (500) square feet of total parking zone area.
i. All landscaping points must be installed within the boundaries of the
parking zone, except that twenty percent (20%) of points shall be distributed
on interior landscaping islands and medians, if applicable.
ii. A minimum of twenty percent (20%) of points shall be shrubs.
iii. Shrubs shall be a minimum of twenty-four (24) inches in height at the
time of installation.
iv. Parking zone landscaping shall be distributed across the parking area so
that the cumulative effect shall be to provide a minimum of thirty percent
(30%) canopy coverage or shading of the parking zone within fifteen (15)
years.
b. Included within the total required points for the parking zone shall be
one (1) large deciduous tree per two thousand (2,000) square feet of parking
zone. The parking zone area calculation shall include parking spaces and any
directly adjacent sidewalks, loading zones, drive aisles, and ingress/egress
driveways.
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c. Each parking space above the minimum parking space requirements of
this ordinance shall require an additional ten (10) landscaping points per
space, to be installed in the parking zone.
i. Each space above the minimum requirements of this ordinance shall be
surfaced in permeable materials and shall not be impervious materials as
defined in section 2-1002
ii. Landscaping credits, as specified in section 8-1007, shall not be
applicable to any landscaping points accumulated for parking spaces above
the minimum parking space requirements of this ordinance.
d. Landscaping islands a minimum of nine (9) feet wide and eighteen and
one-half (18.5) feet long are required at the end of each parking row. Islands
at the end of a double row of parking are required to be a minimum of nine
(9) feet wide by thirty-seven (37) feet long.
i. Additional landscaping islands, a minimum of nine (9) feet wide by
eighteen and one-half (18.5) feet long, are required every eight (8) linear
spaces to break up long rows of parking. Islands inserted into a double row of
parking are required to be a minimum of nine (9) feet wide by thirty-seven
(37) feet long.
e. Parking lots shall include no more than four (4) consecutive rows of
parking (no more than two (2) double rows of parking) without at least one
(1) landscaping median, a minimum of five (5) feet wide, connecting
landscaping islands to break up large parking areas.
f. Large parking lots shall be divided into smaller parking fields of no
more than one hundred (100) spaces using landscaping medians which are a
41
minimum of fifteen (15) feet wide and including a pedestrian walkway which
is at least five (5) feet wide.
g. Any parking area that is adjacent to a road or other right-of-way shall
provide an additional sixty (60) points per five hundred (500) square feet of
area between the parking area and the road or right-of-way.
h. Where a parking area is altered or expanded to increase the size to
twenty (20) or more vehicle parking spaces and is used regularly for at least
five (5) days a week, landscaping for the entire parking area shall be
provided, not only for the extent of the alteration or expansion.
4. Foundation zone. ..... The foundation zone is a continuous area six (6)
feet in width around the entire perimeter of the building.
a. Foundation zones shall install a minimum of thirty (30) points of
landscaping per one hundred fifty (150) square feet of total foundation zone
area.
b. Landscaping shall be installed as a continuous bed around all sides of
the structure, except that required perpendicular access breaks shall be
allowed.
c. Landscaping points may be reduced by fifty percent (50%) on any side
of a structure which is not visible from an existing or proposed public right-
of-way.
5. Screening zone. ..... The screening zone is a continuous planting area
required around all service structures, equipment, and/or outdoor storage
42
yards for the purpose of reducing the impact of the structure or use visually
and acoustically.
a. Screening zones shall install a minimum of eight (8) points of
landscaping per ten (10) linear feet of perimeter length.
b. In the screening zone, solid and semisolid perimeter features such as
fences, berms, walls, or other nonorganic elements shall not be included in
the calculation of landscaping points.
c. The perimeter area of service structures, equipment, and/or outdoor
storage yards shall be determined by measurement of the complete outside
perimeter of the structure or equipment, including any fencing, and including
the distance across access points or entryways.
d. Landscaping shall be installed as a continuous screen around all sides
of service structures, equipment, and/or outdoor storage yards, except that
required access and entry breaks shall be allowed, provided that the points
associated with the perimeter area of such breaks are incorporated into the
rest of the screening zone.
e. Plants must be installed no more than ten (10) feet from the base of
service structures, equipment, and/or outdoor storage yards. If service
structures, equipment, and/or outdoor storage yards are enclosed by a fence,
wall, berm, or other perimeter feature, the required screening points shall be
installed within ten (10) feet of the base of such perimeter feature.
f. At the time of installation, plant height shall be a minimum of fifty
percent (50%) of the total height of the structure or equipment being
screened.
D. Single-family residential.
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1. Single-family residential lots shall be treated as a single zone meeting
the requirements of this section and shall not be required to meet the
individual frontage, buffer, parking, foundation, and screening zone
regulations unless specifically required by an adopted master plan.
2. Single-family residential lots shall install, at a minimum, the
landscaping points as required by section 8-1006
3. Required landscaping points shall be installed before issuance of a
certificate of occupancy. (7-7-05; Ord. No. 2011-21-C, 11-17-11; Ord. No.
2013-7-C, 5-16-13, 3-20-14.)
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
B. Sale of Public Property to Joel C. Bradshaw, III
County Attorney Popovich presented a request by Joel C. Bradshaw, III to
purchase 16.95 acres of land in the Carrsville Election District from the
County at a price of $2,000 per acre.
Frank A. Halton, Director of General Services, provided an overview of the
property under discussion which is located behind the Carrsville Volunteer
Fire Department is completely wooded and zoned rural agricultural
conservation.
Chairman Bailey called for persons to speak in favor of or in opposition to
the proposed amendments.
No one appeared and spoke.
Chairman Bailey closed the public hearing and called for comments from the
Board.
Supervisor Alphin moved to authorize the sale of public property to Joel C.
Bradshaw, III and authorize the Chairman to execute any and all documents
necessary to effectuate the sale. The motion was adopted by a vote of (5-0)
44
with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in
favor of the motion and no Supervisors voting against the motion.
COUNTY ATTORNEY’S REPORT
County Attorney Popovich briefed the Board regarding additional revisions
made to the Board’s by-laws with regard to comments provisions received
being: (1) the same rules for Citizens’ Comments and Public Hearings and
(2) incorporating the Board holding electronic meetings in situations where
there is a declared state of emergency. He advised that this matter would be
included in his report for the Board’s formal adoption at its organizational
meeting on January 5, 2015.
Responsive to the Board’s previous action, County Attorney Popovich
briefed the Board regarding the protocol utilized for advertising County
business matters in the local newspapers. He presented a proposed
Resolution to Amend Chapter 8: Miscellaneous – General (Non-Employee)
of the Isle of Wight County Policy Manual by Adopting Article VI, Public
Notice , designating The Daily Press as the newspaper where official notices
of the County will be advertised and The Smithfield Times and Tidewater
News as the newspapers where County non-official notices will be
advertised.
H. Woodrow Crook, Jr., on behalf of The Smithfield Times, referenced a letter
dated November 4, 2014 and advised that the County has traditionally
advertised its business in The Smithfield Times because is located in the
County and it is the newspaper that produces the local news for the County.
He stated citizens read it for the local news and its distribution area includes
most of the County. He stated all legal requirements are met as The
Smithfield Times is published in the County. He stated County matters
should be published in the local newspaper so that citizens are kept apprised
even if the Board does not agree with the editorials or what the reporters are
saying. He advised that there are questions about the County meeting a legal
requirement when it bypasses the local newspaper at a greater cost and less
distribution in the County and the door would be open for litigation when
ordinances and zonings are adopted.
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County Attorney Popovich recalled for the Board that the thought to change
the County’s existing way of advertising is because the County ends up
holding up the peoples’ business based upon the timing of its publications in
The Smithfield Times.
Supervisor Alphin moved that staff be directed to advertise the County’s
legal public hearings in The Smithfield Times and the Tidewater News and
that the County Attorney be directed to include this in the County’s Policy
Manual. The motion was adopted by a vote of (4-1) with Supervisors Bailey,
Alphin, Casteen and Darden voting in favor of the motion and Supervisor
Jefferson voting against the motion.
COUNTY ADMINISTRATOR’S REPORT
A legislative update was provided by Donald T. Robertson, Director of
Information Resources and Legislative Affairs.
Amy Ring, Interim Director of Economic Development, provided a
PowerPoint presentation revealing the findings and analyses on property use
options for the Stoup property which was prepared by staff of General
Services, Inspections, Planning and Zoning, Tourism, economic development
and the County administrator with a recommendation by staff to proceed with
Option 4, Public Mixed Use Center.
Supervisor Darden moved to pursue Option 4 and authorize staff to make
application for a planning grant from the Department of Housing and
Community Development. The motion was adopted by vote of (5-0) with
Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
PowerPoint presentations were provided by Sheriff Marshall and Terry Hall
of York County regarding the need to replace the 911 radio system due to
existing system challenges. Sheriff Marshall recommended that the County
acquire an FCC license; hire a consultant to design, recommend and
implement a regional system in conjunction with a regional partner;
determine long time financing options; contract and financing options;
contract and financing options to the Board in the next six months; and,
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deployment will take approximately one year from the time the contract is
signed.
Chairman Bailey moved that the Sheriff move forward with this effort and
that he return to the Board with the cost and where to go from there. The
motion was adopted by vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Following a break, Andrea S. Clontz, Interim Director of Emergency
Services, provided background information relative to the need for ALS
support coverage for the Carrollton Service District. An interim and short-
term solution was identified, along with the associated benefits.
Chairman Bailey moved to authorize the interim solution for ALS coverage
as recommended and request staff to provide an update at the January 2015
Board meeting. The motion was adopted by vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Alphin moved that the Chairman be directed to send a letter to the
Chief of the Carrollton Volunteer Fire Department regarding the interim
solution adopted by the Board. The motion was adopted by vote of (5-0) with
Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
Mary Beth Johnson, Director of Human Resources, reviewed proposed
amendments to the County’s Personnel Policy relating to notification for need
to utilize sick leave; leave under the Family Medical Leave Act; and, holiday
pay.
Supervisor Darden moved that the following Resolution be adopted:
RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE V,
SECTIONS 5.4 AND 5.12 AND CHAPTER 1: PERSONNEL, ARTICLE
VI, SECTION 6.3 OF THE COUNTY POLICY MANUAL
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WHEREAS, the County has established guidelines regarding
notification for need to utilize sick leave, leave under the Family Medical
Leave Act (FMLA), Holidays observed by the County and payment for such
holidays, under Chapter 1: Personnel, Article V, Sections 5.4 and 5.12 and
Article VI, Section 6.3 of the County Policy Manual; and
WHEREAS, the Board of Supervisors desires to amend Chapter 1:
Personnel, Article V, Sections 5.4 and 5.12 and Article VI, Section 6.3 of the
County Policy Manual to afford for enhanced employee guidance by
clarifying guidelines regarding the utilization of sick leave, federal FMLA
provisions and the associated employee and employer rights and
responsibilities, and holiday pay.
NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel,
Article V, Sections 5.4 and 5.12 and Article VI, Section 6.3 of the County
Policy Manual is hereby amended as follows:
Chapter 1: Personnel
ARTICLE V
Leave Provisions
(Revised September 1, 2005, December 15, 2005, February 2, 2006, April 5,
2007, October 2, 2008, January 8, 2009, June 19, 2014, October 16, 2014,
December 18, 2014)
Section 5.4
(Revised December 18, 2014)
Notification
So that accurate records can be kept, an employee (or his/her representative)
shall notify his/her department director, supervisor, or whomever designated
by the employee’s department, promptly by telephone or, messenger, or
other such means designated by the employee’s department, no later than
one-half hour after reporting time, if physically possible. Departments may
designate a more specific time period required for advanced notification of
the need to utilize sick leave as needed for effective business operations.
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Where in the interest of public safety a specified number of personnel are
required to be present, department directors may require employees (or their
representative) to notify the department one hour before reporting to work, if
physically possible. Abuse of this policy may result in disciplinary action.
Once sick leave has been exhausted, other leave policies may apply (e.g.,
annual leave, leave without pay, etc.). Absence for a job-related injury shall
be recorded as injury leave in accordance with Article VI, Section 6.6
Workers’ Compensation.
Regular employees on approved sick leave shall be paid their prevailing wage
based on the prevailing scheduled workweek not to exceed forty (40) hours
per week. Leave will be charged to the nearest half-hour in quarter-hour
increments.
Section 5.12
(Revised April 7, 2005, January 8, 2009, December 18, 2014)
Leave Under the Family and Medical Leave Act (“FMLA”)
The County complies with the Family and Medical Leave Act (FMLA),
which provides eligible employees with up to 12 workweeks (or up to 26
weeks of military caregiver leave to care for a covered servicemember with a
serious injury or illness) during a 12-month period. The leave may be paid,
unpaid, or a combination of paid and unpaid leave, depending on the
circumstances of the leave and as specified in this policy. of unpaid leave for
certain family and medical reasons during a 12 month period. Eligible
employees who are family members of covered service members will be able
to take up to 26 workweeks of leave in a single twelve (12) month period.
During this leave, an eligible employee is entitled to continued group health
plan coverage. At the conclusion of the leave, subject to some exceptions, an
employee generally has a right to return to the same or equivalent position.
The function of this policy is to provide employees with a general description
of their FMLA rights. In the event of any conflict between this policy and
the applicable law, employees will be afforded all rights required by law.
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Employee Eligibility Criteria
To be eligible for FMLA leave, an employee must have been employed by
Isle of Wight County:
for at least 12 months (which need not be consecutive). Separate
periods of employment will be counted, provided the break in service
does not exceed seven years. Separate periods of employment will be
counted if the break in service exceeds seven years due to National
Guard or Reserve military service obligations or when there is a written
agreement. For eligibility purposes, an employee will be considered to
have been employed for an entire week even if the employee was on
the payroll for only part of a week or if the employee is on leave during
the week.;
for at least 1,250 hours during the 12 month period immediately before
the date when the leave is requested to commence. preceding the
commencement of the leave The principles established under the Fair
Labor Standards Act (FLSA) determine the number of hours worked by
an employee. The FLSA does not include time spent on paid or unpaid
leave as hours worked. Consequently, these hours of leave shall not be
counted in determining the 1,250 hours eligibility test for an employee
under FMLA; and
at a worksite (a) with 50 or more employees; or (b) where 50 or more
employees are located employed by the County within 75 miles of the
that office or worksite. The distance is to be calculated by using
available transportation by the most direct route.
Events Which May Entitle an Employee to FMLA Leave Types of
Leave Covered
FMLA leave may be taken for any To qualify as FMLA leave under this
policy, the employee must be taking leave for one or more of the following
reasons:
a. The birth of a child and in order to care for that child; the employee’s
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child or to care for the newborn child;
b. The placement of a child with the employee for adoption or foster care,
and/or to care for the newly placed child;
c. To care for the employee’s spouse, child, or parent (but not in-law)
with a serious health condition (described below);
d. The employee’s own serious health condition that makes the employee
unable to perform one or more of the essential functions of his or her
job.
e. Because of a qualifying exigency arising out of the fact that the
employee’s spouse, son or daughter, or parent is on active duty or
called to covered active duty status in support of contingency
operations as a member of the National Guard or Reserves (described
below); and/or,
f. Because the employee’s spouse, son or daughter, parent, or next of kin
of a covered service member or veteran requires care due to a with a
serious injury or illness (described below).
A “serious health condition” is defined as a condition that requires an injury,
illness, impairment, or physical or mental condition that involves: inpatient
care in at a hospital, hospice, or residential medical facility, including any
period of incapacity or any subsequent treatment in connection with such
inpatient care or a condition that requires or continuing treatment by a
licensed health care provider.
This policy covers illnesses of a serious and long-term nature, resulting in
recurring or lengthy absences. Employees with questions about what
illnesses are covered under the FMLA policy or under the County’s sick
leave policy are encouraged to consult with the County’s Human Resources
Department.
Leave taken under a “qualifying exigency” is defined as leave, up to 12
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weeks in duration, taken by families of members of the National Guard or
Reserves or of a regular component of the Armed Forces when the covered
military member is on covered active duty or called to covered active duty
and must be for one of the following: short-notice deployment, military
events and activities, child care and school activities, financial and legal
arrangements, counseling, rest and recuperation, post-deployment activities,
and additional activities that arise out of active duty, provided that the
employer and employee agree, including agreement on timing and duration of
leave. The leave may commence as soon as the individual receives the call-
up notice.
Eligible employees are entitled to FMLA leave to care for a current member
of the Armed Forces, including a member of the National Guard or Reserves,
or a member of the Armed Forces, the National Guard or Reserves who is on
the temporary disability retired list, who has a serious injury or illness
incurred in the line of duty on active duty for which he or she is undergoing
medical treatment, recuperation, or therapy; or otherwise in out-patient status;
or otherwise on the temporary disability retired list. Eligible employees may
not take leave under this provision to care for former members of the Armed
Forces, former members of the National Guard or Reserves, and members of
the permanent disability retired list. This type of leave would be counted
towards the employee’s 12-week maximum of FMLA leave in a 12-month
period.
Leave taken to care for an injured or ill servicemember or veteran, up to 26
weeks in duration, who was injured or incurred an illness in the line of duty
while on active duty in the Armed Forces (or existed before the beginning of
the member’s active duty and was aggravated by service in the line of duty
on active duty in the Armed Forces). FMLA leave already taken for other
reasons will be deducted from the total of 26 weeks available.
Limits on FMLA Leave
Leave to care for a newborn or for a newly placed child must conclude within
12 months after the birth or placement of the child.
When both spouses are employed by Isle of Wight County, they are together
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entitled to a combined total of 12 workweeks of FMLA leave within the
designated 12 month period for the birth, adoption, or foster care placement
of a child with the employees; for aftercare of the newborn or newly placed
child; and to care for a parent (but not in-law) with a serious health condition.
Each spouse may be entitled to additional FMLA leave for other FMLA
qualifying reasons. For example, if each spouse took 6 weeks of leave to care
for a healthy newborn child, each could later use an additional 6 weeks due to
his/her own serious health condition or to care for a spouse, child, or parent
with a serious health condition.
When both spouses are employed by Isle of Wight County and each wishes to
take leave to care for a covered injured or ill servicemember, each spouse
may only take a combined total of 26 weeks of leave.
Intermittent or Reduced Work Schedule Leave
“Intermittent leave” is leave taken in separate blocks of time due to a single
qualifying reason. “Reduced work schedule leave” is leave that reduces an
employee’s usual number of hours per workweek or hours per workday,
resulting in a reduced hour schedule. In all cases, the leave may not exceed a
total of 12 workweeks (or 26 workweeks to care for an injured or ill
servicemember or veteran over a 12-month period).
Leave to care for a newborn or a newly placed child must be taken all at
once, and may not be taken intermittently or on a reduced work schedule.
Leave taken because of an employee’s own serious health condition, or to
care for an employee’s spouse, child, or parent with a serious health
condition, may be taken all at once or, where medically necessary,
intermittently or on a reduced work schedule.
If an employee takes leave intermittently or on a reduced work schedule
basis, the employee must, when requested, attempt to schedule the leave so as
not to unduly disrupt the County’s operations. When an employee takes
intermittent or reduced work schedule leave for the employee or employee’s
family member and for foreseeable planned medical treatment, the County
may temporarily transfer the employee to an alternative position with
equivalent pay and benefits for which the employee is qualified and which
53
better accommodates recurring the intermittent or reduced work schedule
periods of leave.
Requests for FMLA Leave
All employees requesting FMLA leave must provide verbal or written notice
of the need for the leave to the Human Resources Department. Within five
business days after the employee has provided this notice, the Human
Resources Department will complete and provide the employee with the
Department of Labor Notice of Eligibility and Rights. The employee will be
provided the An employee should request FMLA leave by completing the
Request for Family/Medical Leave form and submitting it to the Director of
Human Resources Human Resources Department.
When leave is foreseeable for childbirth, placement of a child or planned
medical treatment for the employee’s or family member’s serious health
condition, the employee must provide the County with at least 30 days
advance notice, or such shorter notice as is practicable (i.e., within 1 or 2
business days of learning of the need for the leave). When the timing of the
leave is not foreseeable, the employee must provide the County with notice of
the need for leave as soon as practicable (i.e., within 1 or 2 business days of
learning of the need for leave). comply with the County’s usual and
customary notice and procedural requirements for requesting leave, absent
unusual circumstances.
Required Documentation
When leave is taken to care for a family member, the County may require the
employee to provide documentation or statement of family relationship (e.g.,
birth certificate or court document).
An employee may shall be required to submit medical certification from a
health care provider to support a request for FMLA leave for the employee’s
or a family member’s serious health condition. Medical certification forms
(Department of Labor Certification of Health Care Provider for Employee’s
Serious Health Condition form) are available in the Human Resources
Department. The employee must respond to such a request for medical
54
certification within 15 days of the request or provide a reasonable explanation
for the delay. Failure to provide certification may result in a denial of
continuation of leave.
During FMLA leave, the County may request that the employee provide
recertification of a serious health condition at intervals in accordance with the
FMLA. In addition, during FMLA leave, the employee must provide the
County with periodic reports regarding the employee’s status and intent to
return to work. The County may provide the employee’s health care provider
with the employee’s attendance records and ask whether the need for leave is
consistent with the employee’s serious health condition. If the employee’s
anticipated return to work date changes and it becomes necessary for the
employee to take more or less leave than originally anticipated, the employee
must provide the County with reasonable advance notice (i.e., within 4
business days) of the employee’s changed circumstances and new return to
work date. If the employee gives the County notice of intent not to return to
work, the employee will be considered to have voluntarily resigned.
Before the employee returns to work from FMLA leave for the employee’s
own serious health condition, the employee may be required to submit a
fitness for duty certification from the employee’s health care provider, with
respect to the condition for which the leave was taken, stating that the
employee is able to resume work.
The County has the right to ask for a second opinion if it has reason to doubt
the certification. The County will pay for any such second opinion
necessary.
To certify a qualifying exigency for military FMLA leave, the County will
require certification within 15 days of the request or provide a reasonable
explanation for the delay. Failure to provide certification may result in a
denial of continuation of leave. Qualifying exigency forms (Department of
Labor Certification of Qualifying Exigency for Military Leave form) are
available in the Human Resources Department.
To certify a serious injury or illness of the covered servicemember or veteran,
the County will require certification within 15 days of the request or provide
55
a reasonable explanation for the delay. Failure to provide certification may
result in a denial of continuation of leave. Certification forms (Department of
Labor Certification for Serious Injury or Illness of Covered Servicemember
form) are available in the Human Resources Department.
FMLA leave or return to work may be delayed or denied if the appropriate
documentation is not provided in a timely manner. Also, a failure to provide
requested documentation of the reason for an absence from work may lead to
termination of employment.
Use of Paid or Unpaid Leave
FMLA provides eligible employees with up to 12 (or 26) workweeks of
unpaid leave. If the employee has accrued paid leave (e.g., annual or sick
leave), however, Therefore, FMLA leave may be paid, unpaid, or a
combination of paid and unpaid leave, depending on the circumstances of the
leave and the employee’s accrued paid leave available. An employee who is
taking FMLA leave because of the employee’s own serious health condition
or the serious health condition of a family memberThe employee must use
any qualifying paid leave first prior to being eligible for unpaid leave.
Qualifying paid leave is leave that would otherwise be available to the
employee for the purpose for which the FMLA leave is taken. The remainder
of the 12 (or 26) workweeks of leave, if any, will be unpaid FMLA leave.
Any paid leave used for an FMLA qualifying reason will be charged against
an employee’s entitlement to FMLA leave. The substitution of paid leave for
unpaid leave does not extend the 12 (or 26) workweek leave period.
An employee who is taking leave for the adoption or foster care of a child
must use all paid annual and personal leave prior to being eligible for unpaid
leave. An employee who is using military FMLA leave for a qualifying
exigency must use all paid annual and personal leave prior to being eligible
for unpaid leave.
Designation of Leave
Within five business days after the employee has submitted the appropriate
certification form, the Human Resources Department will notify provide the
56
employee with a written response to the employee’s request for FMLA leave
(using the Department of Labor Designation Notice). that leave has been
designated as FMLA leave. The County may provisionally designate the
employee’s leave as FMLA leave if the County has not received medical
certification or has not otherwise been able to confirm that the employee’s
leave qualifies as FMLA leave. Sick leave may be run concurrently with
FMLA leave if the reason for the FMLA leave is covered by the established
policy. Leave for the birth of a child and for an employee’s serious health
condition, including workers’ compensation leave (to the extent that it
qualifies), will be designated as FMLA leave and will run concurrently with
FMLA. If the employee has leave to be counted as FMLA leave, the
employee must notify the Director of Human Resources Human Resources
Department within 2 business days of the employee’s return to work that the
leave was for an FMLA reason.
If an employee takes paid leave for a condition that progresses into a serious
health condition and the employee requests unpaid leave as provided under
this policy, the County may designate all or some portion of related leave
taken as FMLA leave, to the extent that the earlier leave meets the necessary
qualifications.
Maintenance of Health Insurance Benefits and other Benefits
During FMLA leave, an employee is entitled to continued group health plan
coverage at the same level and under the same conditions as if the employee
had continued to work. If the employee chooses not to return to work for
reasons other than a continued serious health condition of the employee or
the employee’s family member or a circumstance beyond the employee’s
control, the County will require the employee to reimburse the County the
amount it paid for the employee’s health insurance premium during the leave
period.
To the extent that an employee’s FMLA leave is paid, the employee’s portion
of health insurance premiums will be payroll-deducted from the employee’s
salary paycheck. While on unpaid leave, the employee must continue to
make this payment, either in person or by mail. For the portion of FMLA
leave that is unpaid, the employee’s portion of health insurance premiums
may be paid at the same time as if made by payroll deduction.
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If the employee’s payment of health insurance premiums is more than 30
days late, the County may discontinue health insurance coverage for the
duration of the leave upon at least 15 days’ notice to the employee prior to
the employee’s loss of coverage.
If the employee contributes to a life insurance plan, disability plan, or any
other voluntary contributions to benefit plans, the County will continue
making payroll deductions while the employee is on paid FMLA leave.
While the employee is on unpaid FMLA leave, the County will discontinue
coverage during the FMLA leave. Upon the employee’s return from FMLA
leave, payroll deductions will recommence.
Return to Work From Approved Leave
Upon the return to work from approved FMLA leave that was twelve (12)
workweeks or less in duration, the employee will be restored to the position
of employment held by the employee when the leave commenced or restored
to an equivalent position with equivalent status, benefits, pay, and other terms
and conditions of employment.
An employee that takes FMLA leave that was twelve (12) workweeks or less
in duration may be required to provide a fitness for duty clearance from the
health care provider stating that the employee is able to resume work and/or
if there are any limitations. This requirement will be included in the
employer’s response to the FMLA request.
An employee’s return to work may be delayed or denied if the appropriate
documentation is not provided in a timely manner. Also, a failure to provide
requested documentation of the reason for an absence from work may lead to
termination of employment.
Limitations on Reinstatement
An employee is entitled to reinstatement only if he/she would have continued
to be employed had FMLA not been taken. Thus, an employee is not entitled
to reinstatement if, because of a layoff, reduction in force, or other reason, the
58
employee would not be employed at the time job restoration is sought.
The County reserves the right to deny reinstatement to salaried, eligible
employees who are among the highest paid ten (10) percent of the County’s
employees employed within 75 miles of the worksite (“key employees”) if
such denial is necessary to prevent substantial and grievous economic injury
to the County’s operations.
Failure to Return to Work Following FMLA Leave
If the employee does not return to work following the conclusion of FMLA
leave, the employee will be considered to have voluntarily resigned. The
County may recover health insurance premiums that were paid in on behalf
of the employee during an unpaid FMLA leave except that the County’s
share of such premiums may not be recovered if the employee fails to return
to work because of other circumstances beyond the employee’s control. In
such cases, the County may require the employee to provide medical
certification of the employee’s or family member’s serious health condition.
Additional Information
For further information or clarification about FMLA leave, please contact the
Human Resources Department.
ARTICLE VI
Benefits
(Revised January 17, 2002, September 1, 2005, December 15, 2005, October
16, 2006, October 4, 2007, November 15, 2007, July 1, 2008,
December 4, 2008, November 20, 2014, December 18, 2014)
Section 6.3
Holidays
(Revised October 4, 2007, July 1, 2008, December 18, 2014)
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Isle of Wight County shall observe the following holidays and other such
holidays as may be prescribed by the Board of Supervisors or by the
Governor of the Commonwealth of Virginia:
New Year’s Day First day of January
Lee/Jackson Day Friday preceding Third Monday
in January
King Day Third Monday in January
Washington’s Birthday Third Monday in February
Memorial Day Last Monday in May
Independence Day Fourth day of July
Labor Day First Monday in September
Columbus Day Second Monday in October
Veteran’s Day Eleventh day of November
Thanksgiving Day Fourth Thursday in November and the
Day after Thanksgiving Day
Christmas Day Twenty-fifth day of December and the
day before or after Christmas Day
If any holiday falls on Saturday, then the Friday preceding the holiday shall
be observed. If the holiday falls on Sunday, the following Monday shall be
observed. The Board of Supervisors may adjust the schedule to
accommodate special circumstances.
If a regular employee is required to work on a holiday, he/she shall receive
regular pay plus compensatory time off. All regular full-time employees
shall be entitled to holiday benefits equal to the employee’s regularly
scheduled hours of work. All regular part-time employees shall be entitled to
a paid holiday of four (4) hours. If a part-time employee is required to work
on a holiday, he/she shall receive regular pay plus compensatory time off
equal to one-half of the employee’s scheduled work hours for the holiday.
An employee who has an unexcused absence for any part of the workday
preceding or following a holiday shall not receive holiday pay.
All regular full-time employees shall be entitled to holiday time off with pay
equal to the employee’s regularly scheduled hours of work. All regular part-
time employees (those regularly scheduled for 20-29 hours per week) shall be
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entitled to time off with pay equal to four (4) hours. An employee forfeits
eligibility to be compensated for the holidays observed by the County unless
the employee works the last scheduled work day before the holiday and the
first scheduled work day after the holiday or is on approved leave with pay.
If a regular non-exempt full-time employee is required to work on a holiday,
he/she shall receive his/her regular rate of pay for all hours worked plus
compensatory time off. If an exempt employee is required to work on a
holiday, he/she shall receive compensatory time off equal to the hours
worked to be taken another time. If any part-time employee is required to
work on a holiday, regardless of his/her status, he/she shall receive pay at the
rate of time and a half for all hours worked on the holiday. Assignments for
work on a holiday must be approved in advance by the department head or
his/her designated representative. Given that the County recognizes the
preceding Friday or following Monday but an eligible employee may be
required to work on the actual holiday, the employee will be eligible for
holiday pay in accordance with this holiday for any hours worked on both the
day the County recognizes the holiday and for any work on the actual
holiday.
An employee who has an unexcused absence for any part of the workday
preceding or following a holiday shall not receive holiday pay. An employee
who is on approved leave with pay during a period in which a holiday falls,
shall not be charged leave for the observed holiday. An employee who is on
military leave with pay during a period in which a holiday falls, shall not
receive any additional pay or compensatory leave for the holiday. An
employee on Workers’ Compensation Leave will not receive holiday pay. In
the case of an employee who terminates employment and the last day actually
worked is the last work day before a holiday, the employee is not eligible for
holiday pay unless the holiday is the last day of the pay period and the
employee has been on active status for the full pay period.
For Religious or other National Holidays, with leave approved by the
supervisor, an employee may request authorized leave with pay as follows:
Request charged to compensation time off (if applicable)
Request charged to annual or personal leave
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The motion was adopted by vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
County Administrator Seward presented a request from the Smithfield Town
Council for an Intergovernmental Relations Committee meeting and she was
directed to convey the Board’s desire to conduct an Intergovernmental
meeting with the Smithfield Town Council sometime in January or February
2015.
Frank A. Halton, Director of General Services, provided highlights of a Pro-
Rata Share Policy for Utility System Construction, more commonly known as
a cost participation policy, the procedures for establishing such a policy and
associated incentives.
Supervisor Casteen moved that the Public Utility Pro-Rata Share Policy be
adopted. The motion was adopted by vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Responsive to County Administrator Seward’s recommendation to set its
2015 organization meeting, Chairman Bailey moved that the Board conduct
its organizational meeting on January 5, 2015 at 11:00 a.m. The motion was
adopted by vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
Responsive to County Administrator Seward’s request for a joint work
session with the Industrial Development Authority, Chairman Bailey moved
that the Board conduct a joint work session with the Industrial Development
Authority on Tuesday, January 13, 2015 at 4:00 p.m. The motion was
adopted by vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
//
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County Administrator Seward highlighted the following informational items
contained in the agenda for the Board’s information: Tax Levies &
Collections as of November 2014/Cash Position/Statement of the Treasurer’s
Accountability; Health Department Renovation and Ribbon Cutting; Fire and
Rescue Activity Report; County Website Statistics –November 2014; Charter
Price Adjustment Notice; Quarterly Financial Report Detail from November
20, 2014 Meeting; Isle of Wight Volunteer Rescue Squad Ribbon Cutting;
Litter Pickup Schedule; and, the FY2015-16 Budget Calendar.
//
At 8:30 p.m., the Chairman declared the meeting adjourned.
_____________________
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
Chamber of CommerceAnne SewardJanuary 2015
Hampton Roads Economic Development AllianceChairmanNo Set Term
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
Mayors & ChairsChairmanJanuary 2015
Southeastern Public Service AuthoritySewardDecember 2017
Popovich/Alternate December 2017
Southside Mayors and ChairsChairmanJanuary 2015
Western Tidewater Regional Jail AuthorityAlphinNo Set Term
JeffersonNo Set Term
Seward/AlternateNo Set Term
Western Tidewater Water AuthorityDardenJune 2014
CasteenJune 2014
SewardJune 2014
Popovich/Alternate June 2014
Regional Reports - P3
(Appointed by Board Vote)
BOARD MEMBER REGIONAL REPRESENTATIVE
Terms for Regional Organizations
Chamber Annual Ex-Officio Appointment
HREDAAnnual/Chairman Serves
HRMFFAAnnual Appointment
HRPDC No Set Term (per AFS)
HRTAC Chairman Serves/No Set Term
HRTPO Need Alternate Appointed (they have JoAnn Hall)/No Set Term
M&C Annual/Chairman Serves
SPSA Four-Year Term
Four-Year Term
SM&Chairs Annual/Chairman Serves
WTRJA No Set Term
Evelyn/WTRJA @ 539-3119
WTWA Four-Year Term
Frank Ziesemer/City of Suffolk @ 514-7024
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March 19, 2015/jlo/ VDOT Presentation-Rt 460 Project Update
ISSUE:
VDOT Presentation – Route 460/Commonwealth Connector Project
Update
BACKGROUND:
Angel Deem, VDOT Environmental Division Director, will present an
update to the Board on the Route 460/Commonwealth Connector project,
and be available to address questions on the project.
BUGETARY IMPACT:
None
RECOMMENDATION:
For the Board’s information.
ATTACHMENTS:
None
March 19, 2015/CBM/ Special Presentation – Reassessment Report
ISSUE:
Special Presentation – Reassessment Report by the Commissioner
of the Revenue
BACKGROUND:
Gerald Gwaltney, Commissioner of the Revenue, will present the
results of the biennial reassessment of real estate as completed by
the Isle of Wight County Board of Assessors and Wampler-Eanes,
the County’s real estate reassessment contractor.
BUDGETARY IMPACT:
To be determined upon receipt of the reassessment results.
RECOMMENDATION:
Receive the Reassessment Report from the Commissioner of the
Revenue
ATTACHMENT:
None
March 19, 2015/fah
ISSUE:
Special Presentation – Public Utilities Rate Study
BACKGROUND:
Staff has engaged a financial management consultant to perform a rate
study for the County’s public utilities.
Amy Santos, Associate Vice President with Arcadis US, Inc. will present
information to the Board regarding the results and recommendations of
the rate study.
BUGETARY IMPACT:
The anticipated new rates will be reflected in the proposed operating
budget and will potentially generate additional revenues for the public
utility and reduce the contribution from the County’s General Fund.
RECOMMENDATION:
For the Board’s information.
ATTACHMENTS:
Presentation Slides
ISSUE:
Motion – Authorize the Sale of the Old Isle of Wight Rescue Squad
Building to the Town of Smithfield
BACKGROUND:
In accordance with the Deed and Agreement, recorded in the Isle
of Wight County Circuit Court Clerk’s Office in Deed Book 298,
Page 849, the County and Town of Smithfield agreed to each own
a one-half interest in any buildings and accessory improvements
made on property owned by the Town of Smithfield for use in the
provision of emergency rescue services to the citizens of Isle of
Wight County. According to the terms, once that facility ceases to
be used as the location of the Isle of Wight Volunteer Rescue
Squad, the Town of Smithfield has the option to purchase the
County’s interest in the facility under certain appraisal conditions.
Three official appraisals have been obtained as set forth in the
Deed and Agreement and the one-half interest owned by the
County has been valued at $255,000.
BUDGETARY IMPACT:
Revenues will increase by $255,000.
RECOMMENDATION:
Authorize the Chairman to execute the Deed of Bargain and Sale
for sale of the former Isle of Wight Volunteer Rescue Squad
Building.
ATTACHMENT:
Deed of Bargain and Sale
1
THIS DEED IS EXEMPT FROM THE TAXES IMPOSED BY SEC. 58.1-801 and 802
PURSUANT TO THE PROVISIONS OF SECTION 58.1-811 A. 3 and C.4.
CONSIDERATION: $255,000.00
GRANTEE’S ADDRESS: P.O. Box 246
Smithfield, VA 23430
THIS INSTRUMENT PREPARED BY: WILLIAM H. RIDDICK, III (VSB#24217)
Riddick Babineau, P.C.
P.O. Box 190
MAP NO. 22-01-005G Smithfield, VA 23430
THIS DEED OF BARGAIN AND SALE, made and entered into this the ____ day of
March, 2015, by and between the BOARD OF SUPERVISORS OF ISLE OF WIGHT
COUNTY, VIRGINIA, a body politic of the Commonwealth of Virginia, of the first part,
hereinafter called Grantor and “the County”; and the TOWN OF SMITHFIELD, a Virginia
municipal corporation, of the second part, hereinafter called Grantee and “the Town”:
WITNESSETH:
WHEREAS, the Town of Smithfield is the fee simple owner of all that certain real
property in the Town of Smithfield, Isle of Wight County, Virginia (hereinafter “the Property”)
and described as follows:
All of that certain lot, piece or parcel of land situate, lying and being in the Town of
Smithfield, County of Isle of Wight, State of Virginia, containing 3.369 acres, according
to a plat of survey entitled “Plat Showing Subdivision of Property Owned by Howard
Gwaltney to be Conveyed to Town of Smithfield, Town of Smithfield, Isle of Wight
County, Virginia Scale: 1”=200’ Dec. 14, 1982 Robert T. Addison & Associates, Ltd.
Surveying – Engineering Portsmouth, Virginia”, a copy of which plat is recording in the
Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia, in Plat Book 11,
Page 24, the said lot being bounded and described with reference to the aforesaid plat of
survey as follows: Beginning at a pin set in the western boundary of Route 10 in the
northeastern corner of a lot marked “not included”, and running thence S. 79° 12’ 30” W.
500.00 feet to a pin, a corner; thence running S. 12° 37’ 30” E. 320.00 feet to a pin found;
Formatted: Height: 11"
2
thence running 13° 28’ 28” E. 133.91 feet to a Va. Dept. of Highways Monument, a
corner; thence running along the right of way of the Smithfield Bypass N. 67° 00’ 44” W.
497.61 feet to a pin, a corner; thence running N. 5° 59’ 35” E. 216.12 to a pin found, a
corner; thence running N. 79° 12’ 30” E. 833.73 feet to a pin in the western boundary of
Route 10, a corner; thence running along the western boundary of Route 10 S. 12° 37’
30” E. 30.00 feet to a pin, the point of beginning.
WHEREAS, by that certain Deed and Agreement dated September 18, 1984, recorded in
Deed Book 298, page 849 in the Clerk’s Office of the Circuit Court of Isle of Wight County,
Virginia, the Town of Smithfield and the County of Isle of Wight agreed that each party would
own a one-half undivided interest in a building and accessory improvement for the purpose of
providing emergency rescue and ambulance services to the citizens of the Town and County,
which said building, facilities and improvements were collectively referred to therein as the
“Facility” and which have been constructed upon the Property; and,
WHEREAS, the County has constructed a new permanent facility for fire and rescue
services at a different location and will no longer use the original Facility on the Property for that
purpose; and,
WHEREAS, pursuant to the terms set forth in the aforesaid Deed and Agreement dated
September 18, 1984 the Town has agreed to purchase the one-half undivided interest in the
Facility owned by the County.
NOW THEREFORE, in consideration of these premises and the sum of Two Hundred
Fifty-five Thousand ($255,000.00) Dollars, cash in hand paid by Grantee to Grantor, receipt of
which is here acknowledged, Grantor does hereby grant, bargain, sell and convey unto Grantee,
with GENERAL WARRANTY OF TITLE and ENGLISH COVENANTS OF TITLE, all of its
right, title and interest, being a one-half undivided interest in and to all those building, facilities
and improvements which comprise the Facility located upon the Property as more particularly
described by reference to the Deed and Agreement dated September 18, 1984, recorded in Deed
Book 298, page 849 in the Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia.
3
And by these same presents, Grantor does hereby forever release and remise all of its
right, title and interest in and to the 30 foot wide lane used for ingress and egress to and from the
Facility and South Church Street.
And the Grantee by accepting and recording this deed does hereby acknowledge that
Grantor’s obligations to pay for maintenance and repair of the Facility are hereby terminated.
This conveyance is made expressly subject to the easements, conditions, restrictions and
reservations contained in duly recorded deeds, plats and other instruments constituting
constructive notice in the chain of title to the property hereby conveyed, which have not expired
by a limitation of time contained therein or have not otherwise become ineffective.
IN WITNESS WHEREOF, the Board of Supervisors of Isle of Wight County, Virginia
has caused these presents to be executed on its behalf by its Chairman, all pursuant to the
provisions of a certain resolution duly adopted by the Board of Supervisors at its regular meeting
held on March ______, 2015, pursuant to the provision of the statutes in such cases made and
provided.
BOARD OF SUPERVISORS OF
ISLE OF WIGHT COUNTY, VIRGINIA
By____________________________________________)
Rex Alphin, Chairman
Approved as to form:
_________________________________
Mark C. Popovich, County Attorney
4
COMMONWEALTH OF VIRGINIA,
COUNTY OF ISLE OF WIGHT, to-wit:
I, _____________________________________, a Notary Public for the County of Isle
of Wight, State of Virginia, do hereby certify that Rex Alphin, whose name as Chairman of the
Board of Supervisors of Isle of Wight County, Virginia is signed to the writing hereto annexed,
bearing date the ______ day of March, 2015, personally appeared before me in my said County
and in the name and on behalf of the Board of Supervisors of Isle of Wight County, Virginia
acknowledged said writing and the act and deed of the said Board of Supervisors.
Given under my hand this the __________ day of______________, 2015.
______________________________________
Notary Public
My commission expires: ________________________
5
ACCEPTANCE OF DEED
Pursuant to Section 15.2-1803 of the Code of Virginia (1950), as amended, and as
authorized by the Town Code, William H. Riddick, III, Town Attorney for the Town of Smithfield,
hereby accepts the foregoing Deed dated March _____, 2015 from the Board of Supervisors of
Isle of Wight County, Virginia to the Town of Smithfield, this acceptance being executed on behalf
of the Town Council of the Town of Smithfield by William H. Riddick, III, Town Attorney.
Given under my hand as Town Attorney and authorized representative for the Town Council of
the Town of Smithfield.
TOWN OF SMITHFIELD
____________________________________
William H. Riddick, III, Town Attorney
COMMONWEALTH OF VIRGINIA
COUNTY OF ISLE OF WIGHT, TO-WIT:
The foregoing instrument was acknowledged before me this _____ day of
______________, 2015, by William H. Riddick, III, Town Attorney.
My commission expires: __________________.
____________________________________
Notary Public
March 19, 2015/CBM
ISSUE:
Ordinance - Amend and Reenact the Isle of Wight County Code by
Amending and Reenacting Chapter 15. Taxation. By Enacting Article
VII. Appeals of Real Estate Assessments
BACKGROUND:
Currently, the Isle of Wight County Code does not stipulate a time period
for property owners to appeal assessments in the years in which real
estate reassessments are conducted or place an end date on when the
Board of Equalization shall dispose of appeals. The practice has been to
provide property owners with a full year to appeal real estate
reassessments to the BOE. As a result, the County does not have time to
amend its operating budget mid-year to address any reduction of real
estate tax revenue resulting from an adjustment granted by the BOE.
Staff is proposing an ordinance to amend and reenact Chapter 15.
Taxation. of the Isle of Wight County Code by enacting Article VII
concerning appeals of real estate assessments. The ordinance would
provide property owners until July 30th to submit an application of appeal
to the Board of Equalization (BOE). Additionally, the ordinance would
require the BOE to conduct appeal hearings and dispose of all appeals
received from property owners within 60 days (September 30th) of the
BOE filing deadline.
Staff has contacted a number of other localities to determine the normal
time provided for BOE appeals and dispositions. By in large other
localities provide between 30 to 60 days for property owners to appeal
their assessments and 30 to 90 days for disposition of appeals by BOEs.
Staff recommends the County adopt an ordinance that provides property
owners until July 30th to file an appeal and September 30th (60 days) for
the BOE to hear and dispose of all appeals.
March 19, 2015/CBM
BUDGETARY IMPACT:
There is no budgetary impact.
RECOMMENDATION:
Adopt an Ordinance to Amend and Reenact Chapter 15. Taxation. of the
Isle of Wight County Code by Enacting Article VII. Appeals of Real
Estate Assessments
ATTACHMENT:
Ordinance
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 15. TAXATION. BY ENACTING
ARTICLE VII. APPEALS OF REAL ESTATE ASSESSMENTS.
WHEREAS, pursuant to Section 58.1-3378 of the Code of Virginia (1950, as
amended), the Board of Supervisors may provide by ordinance the date by which
applications must be made by property owners or lessees seeking relief from the Board
of Equalization for inequality in the equalization of real estate assessment and/or that real
estate is assessed at more than fair market value; and
WHEREAS, the Board of Supervisors may also provide the deadline by which all
applications shall be finally disposed of by the Board of Equalization; and
WHEREAS, the Board of Supervisors desires to establish July 30th of the year for
which an assessment was made as the deadline to apply to the Board of Equalization for
relief and September 30th of the year for which an assessment was made as the deadline
by which all applications shall be finally disposed.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of
Supervisors that Chapter 15. Taxation. of the Isle of Wight County Code be amended and
reenacted by enacting Article VII. Appeals of Real Estate Assessments as follows:
ARTICLE VII. APPEALS OF REAL ESTATE ASSESSMENTS.
Sec. 15-37. Deadline for appeal of assessment to board of assessors and board
of equalization.
Any real property owner or lessee in the county shall have the right to appeal any
assessment thereof to the county’s Board of Assessors as permitted in accordance with
Section 58.1-3330 of the Code of Virginia (1950, as amended). Any appellant who either
(i) remaining unsatisfied with the action taken on appeal to the Board of Assessors or (ii)
who otherwise complains of their assessment may appeal to the county’s Board of
Equalization by making application at any time prior to July 31st of the year which the
assessment was made. Any appeal not timely filed shall not be considered.
Sec. 15-38. Board of equalization – established.
Pursuant to Section 58.1-3370 of the Code of Virginia (1950, as amended), there
is created in the County of Isle of Wight a Board of Equalization which shall be called the
Isle of Wight County Board of Equalization. Such board shall consist of not less than
three (3) nor more than five (5) members appointed by the Isle of Wight Circuit Court for
a term expiring one (1) year after the effective date of the assessment for which they were
appointed.
Sec. 15-39. Same – qualification; appointment.
Members of the Board of Equalization shall meet the requirements set forth in
Section 58.1-3374 of the Code of Virginia (1950, as amended). Not later than June 1st
of each year in which there is a general reassessment of real estate in the county, the
Board of Supervisors shall, by resolution, submit the name of not less than three (3) nor
more than five (5) qualified residents of the county, a majority of whom shall be
freeholders in the county, to the Isle of Wight Circuit Court for consideration for
appointment to the Board of Equalization pursuant to Section 58.1-3370 of the Code of
Virginia (1950, as amended). Once appointed, the board shall elect a chairman and a
secretary from among its members.
Sec. 15-40. Same – powers; procedures.
The Board of Equalization shall have and may exercise the power to increase,
decrease or affirm any assessment of real estate of which complaint is made, and to that
end shall have all powers conferred upon boards of equalization by the Code of Virginia.
All applications for relief timely filed shall be finally disposed of by the board not later than
sixty (60) days after the deadline for appeal to the Board of Equalization as set out in
Section 15-37. If no applications for relief are received by the deadline for appeal, the
board shall be deemed to have discharged its duties for the year unless it deems it
appropriate to meet on its own motion.
Sec. 15-41. Same – public notice of hearings.
Pursuant to Section 58.1-3378 of the Code of Virginia (1950, as amended), public
notice of each sitting of the Board of Equalization shall be given at least ten (10) days
beforehand by publication in a newspaper having general circulation in the county and by
posting the notice at the courthouse and each public library, voting precinct, or both. Such
posting shall be done by the Sheriff or his deputy. Such notice shall inform the public that
the board shall sit at the place or places and on the days named therein for the purpose
of equalizing real estate assessments and for the purpose of hearing complaints of
inequities wherein the property owners allege a lack of uniformity in assessment or errors
in acreage in such real estate assessments. The board shall also hear complaints that
real property is assessed at more than fair market value.
Adopted this 19th day of March, 2015.
Rex Alphin, Chairman
Board of Supervisors
Attest:
Carey Mills-Storm, Clerk
Approved as to Form:
Mark C. Popovich, County Attorney
March 19, 2015/RDR
ISSUE:
Resolution – Amend the Comprehensive Plan through Changes to the Text and Maps
in Chapter 4, “Growth Management and Land Use”.
BACKGROUND:
The purpose for these changes is to respond to county and market conditions which
have evolved significantly since the adoption of the Comprehensive Plan.
The Board of Supervisors, as part of its three (3) year financial plan, directed staff to
develop a long-term strategic plan. In response, County staff from multiple
departments has been developing, over the course of several months, the ISLE 2040
Plan.
The ISLE 2040 Plan was presented to the Board of Supervisors and Planning
Commission (PC) at the Board’s Retreat in August 2014.
At its October 2014 meeting, the Board directed staff to proceed with moving the
plan forward through a public education and feedback process. Staff has conducted
over 20+ public meetings on the plan, received feedback and amended the original
proposal where appropriate in response to citizen input. The plan is to address the
multiple challenges currently facing the County through a focused change in the
County’s long range planning.
RECOMMENDATION:
At its January 27, 2015 meeting, the Planning Commission recommended approval
of the Comprehensive Plan update by a vote of 7-1.
Staff recommends approval of the Comprehensive Plan Update.
ATTACHMENTS:
- Resolution
- PC Staff Report and Attachments
RESOLUTION TO AMEND THE COMPREHENSIVE
PLAN TO REVISE CHAPTER 4 GROWTH
MANAGEMENT AND LAND USE
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 January 27, 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 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 March 19, 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
of the Isle of Wight County Comprehensive Plan, to include all text
amendments to Chapter Four and Map 4-9 as presented on this date.
Adopted this 19th day of March, 2015.
Rex W. Alphin, Chairman
Carey Mills Storm, Clerk
Approved as to Form:
_________________________________
Mark C. Popovich, County Attorney
Planning Commission Meeting January 27, 2015
RDR
Comprehensive Plan Amendments
PLANNING REPORT
APPLICATION:
A resolution to amend the Comprehensive Plan of Isle of Wight
County, Virginia through changes to the text and maps in Chapter
4, “Growth Management and Land Use”. 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 have been developing, over the course of several
months, the 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
the County through a focused change in the County’s long range
planning. Some of the challenges the county faces include:
Planning Commission Meeting January 27, 2015
RDR
Comprehensive Plan Amendments
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+/- 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
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, and the development
community cannot build a product in the County which they
believe can be sold. Therefore they are not building anything. 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
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
Planning Commission Meeting January 27, 2015
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Comprehensive Plan Amendments
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 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 customers. Under
the current land use scenario the county would only reach 9,000+/-
total customers including those already existing 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
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. The
proposed plan protects the agricultural community while allowing
for a shift in the composition of the tax base over time. This shift
Planning Commission Meeting January 27, 2015
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Comprehensive Plan Amendments
will have a stronger fiscal benefit for the county and also take
pressure off the agricultural community.
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 the reduced lot
sizes which are preferred in the current market. The increase also
supports more apartment and multi-family housing options
necessary under current market conditions.
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 area previously
within the NDSO, incorporates an important civic location
into the NDSO, and supports the long term growth within the
county while minimizing the impact to the agricultural
community.
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 community, and allows for the development
Planning Commission Meeting January 27, 2015
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Comprehensive Plan Amendments
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 community, and allows for the development of
properties adjacent to areas already slated for development.
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
residential growth and to allow for commercial development to be
more integrated within the community. It also reflects a changing
dynamic 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 MEETING:
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
Planning Commission Meeting January 27, 2015
RDR
Comprehensive Plan Amendments
UR land use as well as overall goals of the plan, some
considerations for this decision are:
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 with
the proposed residential character of 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.
Planning Commission Meeting January 27, 2015
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Comprehensive Plan Amendments
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
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.
There were several questions pertaining to background information
such as planning in the Windsor area and growth in sectors beyond
residential.
o Staff will be addressing these concerns through some additional
slides and bullet points in the ISLE 2040 presentation which has
been updated since the December Planning Commission
meeting.
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
Comprehensive Plan Chapter 4 final version
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.
Comprehensive Plan 4-11 Isle of Wight County, Virginia
Table 4-2
PROPOSED LAND USE DISTRICTS
ISLE OF WIGHT COUNTY COMPREHENSIVE PLAN
Land Use District Location Character Appropriate Land Use
Resource Areas
Resource
Conservation
Area
Areas dominated by environmental features
which are particularly sensitive to
development (e.g. wetlands, flood prone
areas, streams and stream buffers, unique
habitat areas and Resource Protection Areas
as defined by the Chesapeake Bay
Preservation Act). Includes substantial land
areas in the James River and the Blackwater
River watersheds.
Character is reflected in environmental
features including extensive wetlands,
flood prone areas, estuaries, and stream
systems.
Character is largely undeveloped with land
cover dominated by wetlands, forest cover
or farmland.
Wetlands, Farms and Forest Uses.
Open Space and Limited Park Facilities in
appropriate locations.
Greenways, blueways and trails in
appropriate location.
Rural Service Districts
Rural/Agricultural
Conservation
This land use type is intended to cover the
vast majority of the County that is outside
the development service districts and
encompasses the large areas devoted to
agriculture and forest land.
Dominated by agricultural land and
forested areas, these areas contain the main
land resource base in the County. Small
groupings and scattered residential uses dot
the landscape.
While the tendency is for new development
to be stripped out along the roads, the
farmstead cluster should be encouraged as
the preferred model for future rural
development.
Agriculture, horticulture, forest lands, and
scattered residential development at a low
density.
Non-farm uses, such as resource
extraction, and small scale processing of
the agricultural and forest products may
be accommodated when appropriately
sited.
Village
Center
These areas comprise the small communities
outside the development service district
located at rural crossroads that serve as the
institutional, commercial, social and
religious focal points of rural areas within
the County..
These areas are characterized by clusters of
residential development surrounding
predominately small scale country stores,
churches and other essential services of the
rural community.
Detached single family residences
Limited commercial, social, religious and
institutional uses that predominately serve
the residents of the rural service area.
Land Use District Location Character Appropriate Land Use
Development Service Districts
Conservation
Development
Area
Areas which are currently undeveloped near
or adjacent to environmental resources
which are sensitive to disturbances
Currently rural with land cover dominated
by farm and forest uses with some limited,
large lot (over 2 acres in size) single family
Farm and Forest Uses.
Single Family Residential development in
Comprehensive Plan 4-12 Isle of Wight County, Virginia
associated with land development
Areas removed from major transportation
routes or planned locations for public sewer
and water facilities.
development.
In many cases serves as an edge district
between suburban residential or suburban
estates areas and resource conservation
areas.
Future Development form is generally very
low density, clustered in form, with 50% or
more of sites developed maintained in
farm, forest or open space.
either large lot form (5 acres) or in
clustered form with smaller lots and
substantial areas retained in farm, forest,
or open space uses.
Densities of approximately 1 unit per five
(5) acres with densities adjusted
depending on the presence of sensitive
resources (wetlands and floodplains).
Limited Public and semi-public uses
which are supportive of resource
protection, conservation, and open space
uses.
Civic Areas which are currently developed or are
proposed to develop for a civic or
institutional use such as schools, parks,
municipal uses, police, and emergency
services.
Areas should be adjacent to major
intersections or transportation routes and
existing or proposed sewer and water
facilities.
Development should provide opportunities
for extension of collector streets to
interconnect with adjacent sites, as well as
pedestrian facilities, where appropriate.
Character should be of a high quality as
civic institutions are important benchmarks
for the community. This should be
achieved through landscaping standards,
specific development design, public access,
and protection of open space where
appropriate.
Public facilities such as municipal offices,
schools, libraries, police, fire and rescue,
and parks.
Comprehensive Plan 4-13 Isle of Wight County, Virginia
Suburban
Estate
Locations suitable for development that have
or will have access to public sewer and
water, but are not immediately adjacent to
removed from major transportation routes.
While areas already developed exist, new
areas would generally not be located
adjacent to Mixed Use Activity Centers or
Business and Employment Centers, and
would serve as a transition from the
County’s densest residential areas to the
rural areas on the service district fringe.
Existing areas with a density of 1 to 2 units
per acre (.5 to 1 acre lots), such as
Carrisbrook and Carrollton Forest, are
included in these areas.
Development would be limited to single
family residential development at densities
ranging from .5 to 1 1 to 3 units per acre
(40,000 sq/ft to 14,000 sq/ft 1 to 2 acre lot
sizes).
Extension of existing streets to interconnect
with adjacent sites of similar character
should be encouraged is required to the
fullest extent possible. Loop lanes and
roads, rather than cul-de-sacs are preferred.
Character would be defined and established
by landscaping standards, development
design standards, provision for parks,
common areas and open space and
conservation development practices.
Single family detached residential
development in typical or clustered form.
Neighborhood parks and playgrounds.
Open space, including sensitive natural
features such as wetlands, floodprone
areas, forest cover, and other features that
reflect important cultural landscape
elements or viewsheds that should be
protected or retained.
Development should be compact in form,
with trails linked to any future Greenway
system of trails.
Land Use District Location Character Appropriate Land Use
Development Service Districts
Suburban
Residential
These locations are in close proximity to
major transportation routes and existing or
proposed sewer and water facilities. Areas
proposed as suburban residential are largely
meant to serve as a transition from Suburban
Estate to Urban Residential, adjacent to
Mixed Use Activity Centers, and Business &
Employment areas, or adjacent to
residentially developed areas within the
Towns.
Development could include single family
or multifamily residential development
would be limited to a at densityies of up to
4 4 to 6 units per acre (.25 to 1 acre 10,000
sq/ft to 7,000 sq/ft lot sizes)
Development should provide opportunities
for extension of collector streets to
interconnect with adjacent sites of similar
character. Traditional grid or modified grid
patterns and loop lanes rather than cul-de-
sacs would be encouraged.
Character would be defined by landscaping
standards, specific development design
codes and standards, provision for
neighborhood parks, common areas and
open space and conservation development
practices that may permit clustering of
development as a trade-off for retention of
open space.
Single family detached or multifamily
duplex residential development.
Neighborhood parks and playgrounds.
Open space, including sensitive natural
features such as wetlands, flood prone
areas, forest cover, and other features that
reflect important cultural landscape
elements or viewsheds that should be
protected or retained.
Development should be compact in form,
with trails linked to any future Greenway
system of trails.
Public and semi-public uses (e.g. schools,
libraries, churches) may be appropriate
when closely related to the scale and
intensity of residential uses.
Urban Residential These locations are designated to Development with densities of 6 to 10 units A wide range of residential types,
Comprehensive Plan 4-14 Isle of Wight County, Virginia
accommodate development at a higher,
largely residential, density. They should be
located at existing or future major road
intersections, where public sewer and water
are proposed with a capacity for more
intensive development.
Areas proposed Urban Residential should be
adjacent to Mixed Use Activity Centers,
Business & Employment areas, or adjacent
to highly developed areas within the Towns
per acre (7,000 sq/ft to 4,000 sq/ft lot size),
including single family or multifamily
residential development.
Development should provide for extension
of collector streets to interconnect with
adjacent sites. Layout should be traditional
grid or modified grid patterns rather than
cul-de-sacs.
Character should be defined by landscaping
standards, specific development design
codes and standards, provision for
neighborhood parks, common areas and
open space and conservation development
practices that may permit clustering of
development as a trade-off for retention of
open space.
including single family detached on small
lots, single family attached and
townhouses, and apartments.
Existing Commercial Shopping Centers
and related retail sales establishment.
Existing cultural, religious, and
educational facilities.
Mixed Use
Activity
Center
These areas are designated for a mixture of
uses at existing or future major road
intersections, where public sewer and water
are proposed with a capacity for more
intensive development. Activity Centers
should consist of large tracts that allow for
extensive planning to accommodate a
diversity and integration of uses
Areas already designated for townhouses
and apartments along with existing major
commercial facilities are also included.
Development with densities of up to 10 -12
not less than 10 units per acre, and up to 15
units per acre. Higher densities can be
considered during the review process.
These activity centers are characterized by
a high degree of planning, with an
emphasis on pedestrian scale and a high
standard of landscaping, open and public
spaces, and building design.
Use of traditional neighborhood
development (TND) principles strongly
encouraged including mixed land uses,
clearly defined streetscapes using smaller
front yards on narrow lots to foster a sense
of enclosure and architectural character
reminiscent of the late 19th and early 20th
Century.
A wide range of residential types,
including single family detached on
smaller lots, single family attached and
townhouses, and apartments.
Existing or proposed Commercial
Shopping Centers and related retail sales
establishment.
Existing or proposed cultural, religious,
and educational facilities.
Comprehensive Plan 4-15 Isle of Wight County, Virginia
Business &
Employment
These areas are located at existing or future
major road intersections or where the roads
are adequate to accommodate traffic flows,
and where public sewer and water are
proposed with a capacity for intensive
development.
Planned office parks and large independent
facilities in park-like or campus style
surrounds.
Non-vehicular links to Activity Centers and
adjoining residential uses should be
provided
Offices and related support retail services
and facilities. Community Shopping
Centers when planned as integral
facilities. Light manufacturing, research
and development, and similar clean
industrial uses conducted entirely within
buildings that are compatible with
surrounding development.
Planned
Industrial
Locations with access to major highway
corridors and/or rail service and where
public sewer and water and other public
facilities are or will be adequate to
accommodate industrial development.
Areas where existing industry and industrial
zoning are included in these areas.
Industrial areas should be confined areas
designed for production and distribution,
yet buffered from adjoining residential
uses.
Non-vehicular links to Activity Centers and
adjoining residential uses should be
provided
Light and heavy manufacturing,
warehousing and distribution activities,
and associated uses.
Commercial uses, limited retail and
services supportive of surrounding
industrial uses should be allowed.
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 seven 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 1,837 20% 17.6%
Urban Residential 661 6.3%
Civic 305 2.9%
Business and Employment 610 117 9% 1.1%
Suburban Residential 532 2,790 9% 26.7%
Suburban Estate 3550 4,384 53% 41.9%
Other (includes Right of Way) 300 361 4% 3.5%
Total 6,706 10,455 100%
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.
Route 17 Corridor Master Plan
Comprehensive Plan 4-31 Isle of Wight County, Virginia
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;
Promote Best Management Practices facilities (BMPs) that enhance the site design and promote
Comprehensive Plan 4-32 Isle of Wight County, Virginia
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
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
Comprehensive Plan 4-33 Isle of Wight County, Virginia
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 2015 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
a Village Center.
Comprehensive Plan 4-34 Isle of Wight County, Virginia
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
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
Comprehensive Plan 4-35 Isle of Wight County, Virginia
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
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
Comprehensive Plan 4-36 Isle of Wight County, Virginia
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
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
Comprehensive Plan 4-37 Isle of Wight County, Virginia
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
substantially higher or incompatible with surrounding neighborhoods. Moreover, development approval
should not proceed absent proffers that provide substantial public benefits and demonstrated consistency
Comprehensive Plan 4-38 Isle of Wight County, Virginia
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
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
Comprehensive Plan 4-39 Isle of Wight County, Virginia
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.
The purpose of the Highway Corridor District is to protect and improve the quality of visual appearances
Comprehensive Plan 4-40 Isle of Wight County, Virginia
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.
Use of reverse lot frontage concepts to shield off-street parking area behind buildings and
landscaping.
Comprehensive Plan 4-41 Isle of Wight County, Virginia
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.
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 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.
Comprehensive Plan 4-11 Isle of Wight County, Virginia
Table 4-2
PROPOSED LAND USE DISTRICTS
ISLE OF WIGHT COUNTY COMPREHENSIVE PLAN
Land Use District Location Character Appropriate Land Use
Resource Areas
Resource
Conservation
Area
Areas dominated by environmental features
which are particularly sensitive to
development (e.g. wetlands, flood prone
areas, streams and stream buffers, unique
habitat areas and Resource Protection Areas
as defined by the Chesapeake Bay
Preservation Act). Includes substantial land
areas in the James River and the Blackwater
River watersheds.
Character is reflected in environmental
features including extensive wetlands,
flood prone areas, estuaries, and stream
systems.
Character is largely undeveloped with land
cover dominated by wetlands, forest cover
or farmland.
Wetlands, Farms and Forest Uses.
Open Space and Limited Park Facilities in
appropriate locations.
Greenways, blueways and trails in
appropriate location.
Rural Service Districts
Rural/Agricultural
Conservation
This land use type is intended to cover the
vast majority of the County that is outside
the development service districts and
encompasses the large areas devoted to
agriculture and forest land.
Dominated by agricultural land and
forested areas, these areas contain the main
land resource base in the County. Small
groupings and scattered residential uses dot
the landscape.
While the tendency is for new development
to be stripped out along the roads, the
farmstead cluster should be encouraged as
the preferred model for future rural
development.
Agriculture, horticulture, forest lands, and
scattered residential development at a low
density.
Non-farm uses, such as resource
extraction, and small scale processing of
the agricultural and forest products may
be accommodated when appropriately
sited.
Village
Center
These areas comprise the small communities
outside the development service district
located at rural crossroads that serve as the
institutional, commercial, social and
religious focal points of rural areas within
the County..
These areas are characterized by clusters of
residential development surrounding
predominately small scale country stores,
churches and other essential services of the
rural community.
Detached single family residences
Limited commercial, social, religious and
institutional uses that predominately serve
the residents of the rural service area.
Land Use District Location Character Appropriate Land Use
Development Service Districts
Conservation
Development
Area
Areas which are currently undeveloped near
or adjacent to environmental resources
which are sensitive to disturbances
Currently rural with land cover dominated
by farm and forest uses with some limited,
large lot (over 2 acres in size) single family
Farm and Forest Uses.
Single Family Residential development in
Comprehensive Plan 4-12 Isle of Wight County, Virginia
associated with land development
Areas removed from major transportation
routes or planned locations for public sewer
and water facilities.
development.
In many cases serves as an edge district
between suburban residential or suburban
estates areas and resource conservation
areas.
Future Development form is generally very
low density, clustered in form, with 50% or
more of sites developed maintained in
farm, forest or open space.
either large lot form (5 acres) or in
clustered form with smaller lots and
substantial areas retained in farm, forest,
or open space uses.
Densities of approximately 1 unit per five
(5) acres with densities adjusted
depending on the presence of sensitive
resources (wetlands and floodplains).
Limited Public and semi-public uses
which are supportive of resource
protection, conservation, and open space
uses.
Civic Areas which are currently developed or are
proposed to develop for a civic or
institutional use such as schools, parks,
municipal uses, police, and emergency
services.
Areas should be adjacent to major
intersections or transportation routes and
existing or proposed sewer and water
facilities.
Development should provide opportunities
for extension of collector streets to
interconnect with adjacent sites, as well as
pedestrian facilities, where appropriate.
Character should be of a high quality as
civic institutions are important benchmarks
for the community. This should be
achieved through landscaping standards,
specific development design, public access,
and protection of open space where
appropriate.
Public facilities such as municipal offices,
schools, libraries, police, fire and rescue,
and parks.
Comprehensive Plan 4-13 Isle of Wight County, Virginia
Suburban
Estate
Locations suitable for development that have
or will have access to public sewer and
water, but are not immediately adjacent to
major transportation routes.
While areas already developed exist, new
areas would generally not be located
adjacent to Mixed Use Activity Centers or
Business and Employment Centers, and
would serve as a transition from the
County’s densest residential areas to the
rural areas on the service district fringe.
Existing areas such as Carrisbrook and
Carrollton Forest, are included in these
areas.
Development would be limited to single
family residential development at densities
ranging from 1 to 3 units per acre (40,000
sq/ft to 14,000 sq/ft lot sizes).
Extension of existing streets to interconnect
with adjacent sites is required to the fullest
extent possible. Loop lanes and roads,
rather than cul-de-sacs are preferred.
Character would be defined and established
by landscaping standards, development
design standards, provision for parks,
common areas and open space and
conservation development practices.
Single family detached residential
development in typical or clustered form.
Neighborhood parks and playgrounds.
Open space, including sensitive natural
features such as wetlands, floodprone
areas, forest cover, and other features that
reflect important cultural landscape
elements or viewsheds that should be
protected or retained.
Development should be compact in form,
with trails linked to any future Greenway
system of trails.
Land Use District Location Character Appropriate Land Use
Development Service Districts
Suburban
Residential
These locations are in close proximity to
major transportation routes and existing or
proposed sewer and water facilities. Areas
proposed as suburban residential are largely
meant to serve as a transition from Suburban
Estate to Urban Residential, Mixed Use
Activity Centers, and Business &
Employment areas.
Development could include single family
or multifamily residential development at
densities of 4 to 6 units per acre (10,000
sq/ft to 7,000 sq/ft lot sizes)
Development should provide opportunities
for extension of collector streets to
interconnect with adjacent sites.
Traditional grid or modified grid patterns
and loop lanes rather than cul-de-sacs
would be encouraged.
Character would be defined by landscaping
standards, specific development design
codes and standards, provision for
neighborhood parks, common areas and
open space and conservation development
practices that may permit clustering of
development as a trade-off for retention of
open space.
Single family detached or duplex
residential development.
Neighborhood parks and playgrounds.
Open space, including sensitive natural
features such as wetlands, flood prone
areas, forest cover, and other features that
reflect important cultural landscape
elements or viewsheds that should be
protected or retained.
Development should be compact in form,
with trails linked to any future Greenway
system of trails.
Public and semi-public uses (e.g. schools,
libraries, churches) may be appropriate
when closely related to the scale and
intensity of residential uses.
Urban Residential These locations are designated to
accommodate development at a higher,
Development with densities of 6 to 10 units
per acre (7,000 sq/ft to 4,000 sq/ft lot size),
A wide range of residential types,
including single family detached on small
Comprehensive Plan 4-14 Isle of Wight County, Virginia
largely residential, density. They should be
located at existing or future major road
intersections, where public sewer and water
are proposed with a capacity for more
intensive development.
Areas proposed Urban Residential should be
adjacent to Mixed Use Activity Centers,
Business & Employment areas, or adjacent
to highly developed areas within the Towns
including single family or multifamily
residential development.
Development should provide for extension
of collector streets to interconnect with
adjacent sites. Layout should be traditional
grid or modified grid patterns rather than
cul-de-sacs.
Character should be defined by landscaping
standards, specific development design
codes and standards, provision for
neighborhood parks, common areas and
open space and conservation development
practices that may permit clustering of
development as a trade-off for retention of
open space.
lots, single family attached and
townhouses, and apartments.
Existing Commercial Shopping Centers
and related retail sales establishment.
Existing cultural, religious, and
educational facilities.
Mixed Use
Activity
Center
These areas are designated for a mixture of
uses at existing or future major road
intersections, where public sewer and water
are proposed with a capacity for more
intensive development. Activity Centers
should consist of large tracts that allow for
extensive planning to accommodate a
diversity and integration of uses
Areas already designated for townhouses
and apartments along with existing major
commercial facilities are also included.
Development with densities of not less than
10 units per acre, and up to 15 units per
acre. Higher densities can be considered
during the review process.
These activity centers are characterized by
a high degree of planning, with an
emphasis on pedestrian scale and a high
standard of landscaping, open and public
spaces, and building design.
Use of traditional neighborhood
development (TND) principles strongly
encouraged including mixed land uses,
clearly defined streetscapes using smaller
front yards on narrow lots to foster a sense
of enclosure and architectural character
reminiscent of the late 19th and early 20th
Century.
A wide range of residential types,
including single family detached on
smaller lots, single family attached and
townhouses, and apartments.
Existing or proposed Commercial
Shopping Centers and related retail sales
establishment.
Existing or proposed cultural, religious,
and educational facilities.
Comprehensive Plan 4-15 Isle of Wight County, Virginia
Business &
Employment
These areas are located at existing or future
major road intersections or where the roads
are adequate to accommodate traffic flows,
and where public sewer and water are
proposed with a capacity for intensive
development.
Planned office parks and large independent
facilities in park-like or campus style
surrounds.
Non-vehicular links to Activity Centers and
adjoining residential uses should be
provided
Offices and related support retail services
and facilities. Community Shopping
Centers when planned as integral
facilities. Light manufacturing, research
and development, and similar clean
industrial uses conducted entirely within
buildings that are compatible with
surrounding development.
Planned
Industrial
Locations with access to major highway
corridors and/or rail service and where
public sewer and water and other public
facilities are or will be adequate to
accommodate industrial development.
Areas where existing industry and industrial
zoning are included in these areas.
Industrial areas should be confined areas
designed for production and distribution,
yet buffered from adjoining residential
uses.
Non-vehicular links to Activity Centers and
adjoining residential uses should be
provided
Light and heavy manufacturing,
warehousing and distribution activities,
and associated uses.
Commercial uses, limited retail and
services supportive of surrounding
industrial uses should be allowed.
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, encompassed 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 seven 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 1,837 17.6%
Urban Residential 661 6.3%
Civic 305 2.9%
Business and Employment 117 1.1%
Suburban Residential 2,790 26.7%
Suburban Estate 4,384 41.9%
Other (includes Right of Way) 361 3.5%
Total 10,455 100%
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.
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
Comprehensive Plan 4-31 Isle of Wight County, Virginia
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;
Promote Best Management Practices facilities (BMPs) that enhance the site design and promote
health and safety.
Comprehensive Plan 4-32 Isle of Wight County, Virginia
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
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
Comprehensive Plan 4-33 Isle of Wight County, Virginia
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 2015 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
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
Comprehensive Plan 4-34 Isle of Wight County, Virginia
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
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.
Comprehensive Plan 4-35 Isle of Wight County, Virginia
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 future commercial and industrial forms of development within the DSDs
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
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.
Comprehensive Plan 4-36 Isle of Wight County, Virginia
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
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.
Comprehensive Plan 4-37 Isle of Wight County, Virginia
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
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
Comprehensive Plan 4-38 Isle of Wight County, Virginia
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
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.
Comprehensive Plan 4-39 Isle of Wight County, Virginia
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.
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
Comprehensive Plan 4-40 Isle of Wight County, Virginia
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.
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.
Comprehensive Plan 4-41 Isle of Wight County, Virginia
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.
March 19, 2015/RDR/ISLE 2040 Zoning Ordinance Amendment
ISSUE:
Ordinance – Amend and Reenact Various County Code Sections
(Appendix B, Zoning: Article IV, Zoning Districts and Boundaries;
Article V, Supplementary Use Regulations; Article X, Vehicle Parking
Facilities) Based on the ISLE 2040 Plan.
BACKGROUND:
Revisions to the Zoning Ordinance are being proposed by Staff in an
effort to better align the County’s zoning classifications with the land
uses identified in the comprehensive plan, to provide options that 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 February 24, 2015 meeting, the Planning Commission
recommended approval of the Zoning Ordinance Amendments by a vote
of 7-1.
Staff recommends approval of the Zoning Ordinance Amendments.
ATTACHMENTS:
- Ordinance
- January PC Staff Report and Attachments
- February PC Update Memo
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:
* 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
* Stable, private
B. Residential uses:
* 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:
* Accessory apartment
• Residential accessory apartment
• Commercial accessory apartment
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:
* 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: Seven thousand (7,000) 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 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: Six (6) 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.)
Sec. 4-7007. - Reserved
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:
* Accessory apartment
• Residential accessory apartment
• Commercial accessory apartment
* 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:
* 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.
4. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum
lot width of district. (7-7-05.)
Sec. 4-8005. Bulk regulations.
A. Maximum building height:
1. All buildings: Forty-five (45) feet or four (4) stories, whichever is lesser.
B. Maximum density:
1. Conventional single-family subdivision: Ten (10) 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
C. Minimum setback requirements:
1. Front yard: Twenty (20) feet.
2. Side yard: Five (5) feet.
3. Rear yard: Twenty (20) feet.
F. Maximum lot coverage: ..... Sixty percent (60%). (7-7-05.)
Sec. 4-8006. - Additional regulations.
H. 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.
I. 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.
J. Refer to article VII for general design guidelines and development review
procedures.
K. Refer to article VIII for landscaping and open space standards.
L. Refer to article IX for sign standards.
M. Refer to article X for vehicle parking facilities requirements.
N. Refer to article XI for outdoor lighting requirements and restrictions. (7-7-05.)
Sec. 4-8007. – Reserved
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
F. 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: ..... Fifteen (15) 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: Fifteen (15) 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 shall 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. (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 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
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
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 1 space per 1,000 sq. ft.
manufacturing
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.)
Adopted this 19th day of March, 2015
Rex W. Alphin, Chairman
Attest:
Carey Mills Storm, Clerk
Approved as to Form:
_________________________________
Mark C. Popovich, County Attorney
Planning Commission Meeting January 27, 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 January 27, 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 six (6) units,
makes the necessary adjustments to the dimensional
requirements, and provides increased flexibility by allowing
for accessory apartments and 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, and provides increased flexibility by allowing
for accessory apartments.
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 January 27, 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 January 27, 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.
Isle of Wight County, Virginia, Code of Ordinances Page 1
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.
Isle of Wight County, Virginia, Code of Ordinances Page 2
* 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.
Isle of Wight County, Virginia, Code of Ordinances Page 3
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.
Isle of Wight County, Virginia, Code of Ordinances Page 4
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.
Isle of Wight County, Virginia, Code of Ordinances Page 5
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 Seven thousand (15,000 7,000) 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 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.
Isle of Wight County, Virginia, Code of Ordinances Page 6
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 Six (3 6) 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.
Isle of Wight County, Virginia, Code of Ordinances Page 7
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.
Isle of Wight County, Virginia, Code of Ordinances Page 8
* 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.
Isle of Wight County, Virginia, Code of Ordinances Page 9
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.
4. Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width of district.
(7-7-05.)
Sec. 4-8005. 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.
Isle of Wight County, Virginia, Code of Ordinances Page 10
1. 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.
F. 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.
Isle of Wight County, Virginia, Code of Ordinances Page 11
H. 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.
I. 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.
J. Refer to article VII for general design guidelines and development review procedures.
K. Refer to article VIII for landscaping and open space standards.
L. Refer to article IX for sign standards.
M. Refer to article X for vehicle parking facilities requirements.
N. 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.
Isle of Wight County, Virginia, Code of Ordinances Page 12
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.
Isle of Wight County, Virginia, Code of Ordinances Page 13
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.F. 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.
Isle of Wight County, Virginia, Code of Ordinances Page 14
* 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.
Isle of Wight County, Virginia, Code of Ordinances Page 15
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.
Isle of Wight County, Virginia, Code of Ordinances Page 16
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.
Isle of Wight County, Virginia, Code of Ordinances Page 17
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.
Isle of Wight County, Virginia, Code of Ordinances Page 18
* 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.
Isle of Wight County, Virginia, Code of Ordinances Page 19
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.
Isle of Wight County, Virginia, Code of Ordinances Page 20
* 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 IV. Zoning Districts and Boundaries.
Isle of Wight County, Virginia, Code of Ordinances Page 1
Village Center - Sec. 4-4002. Permitted uses.
The following uses are permitted by right subject to all other applicable requirements contained in this
ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in
section 5-5000, use and design standards, for those specific uses.
A. Agricultural uses:
Agriculture
• Agricultural farming operation
Farmer's market
* Forestry operation
• Forestry, silvicultural
Greenhouse, private
* Wayside stand
B. Residential uses:
Dwelling, single-family
* Family day care home
Group home
* Home occupation, Type I
* Home occupation, Type II
* Temporary emergency housing
C. Civic uses:
Administrative service
* Community center
Post office
* Utility service/minor
D. Commercial uses:
* Construction office, temporary
Real estate office, temporary
E. Miscellaneous uses:
* Amateur radio tower
(7-7-05.)
APPENDIX B. - ZONING.*
Article IV. Zoning Districts and Boundaries.
Isle of Wight County, Virginia, Code of Ordinances Page 2
Sec. 4-4003. Conditional uses.
The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk
(*) indicates additional, modified or more stringent standards which are listed in section 5-5000,
supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Agriculture
• Grain dryer and related structures
• Fertilizer storage
• Assembly and repair of farm equipment
• Livestock operation
• Agricultural service towers and antennas
Aquaculture
* Commercial feedlot
* Farm employee housing
* Forestry operation
• Timbering
* Livestock auction market
* Stable, commercial
• In conjunction with residence
• Not in conjunction with residence
* Stable, private
B. Residential uses:
* Accessory apartment
• Residential accessory apartment
• Commercial accessory apartment
* Dwelling, multifamily conversion
* Dwelling, two-family
* Manufactured home, Class A
C. Civic uses:
* Adult care center
Assisted living facility
APPENDIX B. - ZONING.*
Article IV. Zoning Districts and Boundaries.
Isle of Wight County, Virginia, Code of Ordinances Page 3
* Cemetery
• Animal
• Church
• Private
• Public
* Child care center
Club
Cultural service
* Educational facility, primary/secondary
Halfway house
Park and ride facility
* Public maintenance and service facility
Public park and recreational area
Public safety service
* Religious assembly
* Utility service/major
D. Office uses:
Financial institution
General office
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
• Farm and forestry implement storage, sales and service
* Antique shop
Auction establishment
* Bed and breakfast
Boarding house
APPENDIX B. - ZONING.*
Article IV. Zoning Districts and Boundaries.
Isle of Wight County, Virginia, Code of Ordinances Page 4
Car wash
Commercial indoor amusement
Commercial indoor entertainment
* Commercial indoor sports and recreation
* Commercial outdoor swimming pool and tennis court
* Convenience store
* Flea market
* Funeral home
* Garden center
* Gasoline station
* Golf course
* Golf driving range
* Marina
Medical clinic
Motor vehicle parts/supply retail
Motor vehicle repair service/major
Motor vehicle repair service/minor
Personal improvement service
Personal service
Restaurant, drive-in fast food
Restaurant, general
Retail sales
Studio, fine arts
Taxidermy
Veterinary hospital/clinic
F. Industrial uses:
* Construction yard
Convenience center
Custom manufacturing
APPENDIX B. - ZONING.*
Article IV. Zoning Districts and Boundaries.
Isle of Wight County, Virginia, Code of Ordinances Page 5
G. Miscellaneous uses:
* Communication tower
Hunt club
* Reconstructed wetland
(Ord. No. 2011-11-C, 7-7-11; Ord. No. 2013-1-C, 4-18-13.)
Neighborhood Conservation - Sec. 4-5002. Permitted uses.
The following uses are permitted by right subject to all other applicable requirements contained in this
ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in
section 5-5000, supplementary use regulations, for those specific uses.
A. Agricultural uses:
* Forestry operation
• Forestry, silvicultural
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. 4-5003. Conditional uses.
The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk
(*) indicates additional, modified or more stringent standards which are listed in section 5-5000,
supplementary use regulations, for those specific uses.
A. Agricultural uses:
APPENDIX B. - ZONING.*
Article IV. Zoning Districts and Boundaries.
Isle of Wight County, Virginia, Code of Ordinances Page 6
Agriculture
• Livestock operation
Greenhouse, private
* Stable, private
B. Residential uses:
* Accessory apartment
• Residential accessory apartment
* Community recreation
* Condominium
* Dwelling, multifamily conversion
* Dwelling, two-family
* Guest house
* Home occupation, Type II
* Multifamily dwelling
* Townhouse
C. Civic uses:
* Cemetery
• Animal
• Church
• Private
• Public
* Child care center
Club
Cultural service
Halfway house
* Public park and recreational area
Public safety service
* Religious assembly
* Utility service/major
APPENDIX B. - ZONING.*
Article IV. Zoning Districts and Boundaries.
Isle of Wight County, Virginia, Code of Ordinances Page 7
D. Commercial uses:
* Commercial outdoor swimming pool and tennis facility
* Golf course
* Golf driving range
* Marina
E. Miscellaneous uses:
* Communication tower
* Reconstructed wetland
(7-7-05; Ord. No. 2013-1-C, 4-18-13.)
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:
APPENDIX B. - ZONING.*
Article IV. Zoning Districts and Boundaries.
Isle of Wight County, Virginia, Code of Ordinances Page 8
* 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:
* 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
APPENDIX B. - ZONING.*
Article IV. Zoning Districts and Boundaries.
Isle of Wight County, Virginia, Code of Ordinances Page 9
* 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.
APPENDIX B. - ZONING.*
Article IV. Zoning Districts and Boundaries.
Isle of Wight County, Virginia, Code of Ordinances Page 10
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.
Isle of Wight County, Virginia, Code of Ordinances Page 11
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: Seven thousand (7,000) 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 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.
APPENDIX B. - ZONING.*
Article IV. Zoning Districts and Boundaries.
Isle of Wight County, Virginia, Code of Ordinances Page 12
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: Six (6) 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
APPENDIX B. - ZONING.*
Article IV. Zoning Districts and Boundaries.
Isle of Wight County, Virginia, Code of Ordinances Page 13
* 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
APPENDIX B. - ZONING.*
Article IV. Zoning Districts and Boundaries.
Isle of Wight County, Virginia, Code of Ordinances Page 14
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:
APPENDIX B. - ZONING.*
Article IV. Zoning Districts and Boundaries.
Isle of Wight County, Virginia, Code of Ordinances Page 15
1. With public sewer and water: Forty (40) 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. 4-8005. Bulk regulations.
A. Maximum building height:
1. All buildings: Forty-five (45) feet or four (4) stories, whichever is lesser.
B. Maximum density:
1. Conventional single-family subdivision: Ten (10) 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
C. Minimum setback requirements:
1. Front yard: Twenty (20) feet.
2. Side yard: Five (5) feet.
3. Rear yard: Twenty (20) feet.
F. Maximum lot coverage: ..... Sixty percent (60%). (7-7-05.)
Sec. 4-8006. - Additional regulations.
H. 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.
I. 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.
J. Refer to article VII for general design guidelines and development review procedures.
K. Refer to article VIII for landscaping and open space standards.
L. Refer to article IX for sign standards.
M. Refer to article X for vehicle parking facilities requirements.
N. 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
APPENDIX B. - ZONING.*
Article IV. Zoning Districts and Boundaries.
Isle of Wight County, Virginia, Code of Ordinances Page 16
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
APPENDIX B. - ZONING.*
Article IV. Zoning Districts and Boundaries.
Isle of Wight County, Virginia, Code of Ordinances Page 17
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
APPENDIX B. - ZONING.*
Article IV. Zoning Districts and Boundaries.
Isle of Wight County, Virginia, Code of Ordinances Page 18
* Public park and recreation area
Public safety service
* Religious assembly
* Utility service/major
D. Office uses:
Medical office
F. 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.
APPENDIX B. - ZONING.*
Article IV. Zoning Districts and Boundaries.
Isle of Wight County, Virginia, Code of Ordinances Page 19
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
APPENDIX B. - ZONING.*
Article IV. Zoning Districts and Boundaries.
Isle of Wight County, Virginia, Code of Ordinances Page 20
* 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
APPENDIX B. - ZONING.*
Article IV. Zoning Districts and Boundaries.
Isle of Wight County, Virginia, Code of Ordinances Page 21
(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
APPENDIX B. - ZONING.*
Article IV. Zoning Districts and Boundaries.
Isle of Wight County, Virginia, Code of Ordinances Page 22
* 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
APPENDIX B. - ZONING.*
Article IV. Zoning Districts and Boundaries.
Isle of Wight County, Virginia, Code of Ordinances Page 23
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.)
APPENDIX B. - ZONING.*
Article IV. Zoning Districts and Boundaries.
Isle of Wight County, Virginia, Code of Ordinances Page 24
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.)
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 Fifteen (14 15) 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: Fifteen (15) 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.)
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 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.
APPENDIX B. - ZONING.*
Article V. Supplementary Use Regulations.
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.
APPENDIX B. - ZONING.*
Article V. Supplementary Use Regulations.
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.
APPENDIX B. - ZONING.*
Article V. Supplementary Use Regulations.
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.
APPENDIX B. - ZONING.*
Article V. Supplementary Use Regulations.
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
APPENDIX B. - ZONING.*
Article V. Supplementary Use Regulations.
• 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
APPENDIX B. - ZONING.*
Article V. Supplementary Use Regulations.
• 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,
APPENDIX B. - ZONING.*
Article V. Supplementary Use Regulations.
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.
APPENDIX B. - ZONING.*
Article V. Supplementary Use Regulations.
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.
APPENDIX B. - ZONING.*
Article V. Supplementary Use Regulations.
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.
APPENDIX B. - ZONING.*
Article V. Supplementary Use Regulations.
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: ..... Fifteen (15) 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.
APPENDIX B. - ZONING.*
Article V. Supplementary Use Regulations.
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.
APPENDIX B. - ZONING.*
Article V. Supplementary Use Regulations.
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: Fifteen (15) 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.)
APPENDIX B. - ZONING.*
Article V. Supplementary Use Regulations.
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.
APPENDIX B. - ZONING.*
Article V. Supplementary Use Regulations.
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 shall 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. (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.)
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
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.)
Planning Commission Meeting February 24, 2015
RDR
Zoning Ordinance Amendments – ISLE 2040
MEMORANDUM
DATE: February 19, 2015
TO: Isle of Wight County Planning Commission
FROM: Richard Rudnicki, Planner II
SUBJECT: Zoning Ordinance Amendments – ISLE 2040
At the January 27, 2015 meeting of the Isle of Wight County Planning Commission (PC), Staff
gave presentations on Comprehensive Plan Amendments and Zoning Ordinance Amendments
related to the ISLE 2040 plan. The PC recommended approval of the Comprehensive Plan
Amendment by a vote of 7-1 and forwarded it to the Board of Supervisors (BOS). The PC had
some questions pertaining to the Zoning Ordinance Amendments and tabled them until the next
meeting. Staff has looked further into the concerns and has the following recommendations.
There was a concern with Accessory Apartments being permitted in higher density
Zoning Districts such as Urban Residential, Planned Development – Residential, and
Planned Development – Mixed Use.
o The Supplementary Use Regulations pertaining to Accessory Apartments still
require that a Conditional Use Permit (CUP) be obtained for any location which
does not have one hundred and fifty percent (150%) of the minimum lot size for
the district. Therefore in locations that are already built the lot size requirement
would have to be met or a CUP would still be required. Any new developments
going through the Rezoning process could address accessory apartments at that
time, as most already do through their Home Owners Association or Covenants.
Staff recommends maintaining this provision as written.
There was a concern pertaining to the definition of open space and whether a golf course
can be counted as open space. Specifically, the concern was whether there was a
provision that would prevent a golf course from being redeveloped.
o A golf course does fall within the definition of open space within the Zoning
Ordinance. If a redevelopment project were proposed it would be require the
necessary open space requirement for the original project be maintained. The
remaining developable land would then set aside the ordinance required portion for
open space, resulting in the appropriate net amount of open space for the
development as a whole. Staff recommends maintaining this provision as written
Recommended Action:
Staff recommends approval of the ordinance to the Board of Supervisors as presented.
Please bring materials pertaining to this ZO Amendment from your January 27, 2015 packet.
Please contact me at 365-6276, or by email at rrudnicki@iwus.net should you have any questions
or concerns.
ISSUE:
Resolution – Adopt Chapter 1: Personnel, Article V, Section 5.14 and
Amend Chapter 1: Personnel, Article VI, Section 6.4, Article VII and
Article VIII of the County Policy Manual
BACKGROUND:
Chapter 1: Personnel, Article V, Section 5.14 and amend Article VI,
Section 6.4, Article VII and Article VIII provides a new paid leave type for
employees of recognition leave, and establishes provisions regarding the
County’s participation in the Virginia Retirement System, the County’s
disciplinary policy and procedures, and the County’s grievance policy and
procedures.
Adoption of the new paid leave type for employees (recognition leave) will
afford for an incentive-based leave category to be granted for such
instances as the recognition of service to the County, in conjunction with
the promotion of or participation in safety, health, or wellness initiatives,
as well as any other purpose approved and designated by the County
Administrator.
The amendments to the policy’s wording regarding the Virginia Retirement
System, disciplinary policy and procedures, and grievance policy and
procedures are necessary in order to clarify the provisions, guidelines, rules
and procedures for such.
BUDGETARY IMPACT:
The budgetary impact of these amendments is unknown but should be
minimal due to the granting of recognition leave being reserved for unique
and infrequent purposes.
RECOMMENDATION:
Adopt a Resolution to Adopt Chapter 1: Personnel, Article V, Section 5.14
and Amend Chapter 1: Personnel, Article VI, Section 6.4, Article VII and
Article VIII of the County Policy Manual
ATTACHMENTS:
Resolution
RESOLUTION TO ADOPT CHAPTER 1: PERSONNEL, ARTICLE V,
SECTION 5.14 AND AMEND CHAPTER 1: PERSONNEL, ARTICLE VI,
SECTION 6.4, CHAPTER 1: PERSONNEL, ARTICLE VII AND ARTICLE
VIII OF THE COUNTY POLICY MANUAL
WHEREAS, the County has established guidelines regarding the
provision of paid leave types for employees and desires to adopt a new
additional employee paid leave type of Recognition Leave under Chapter 1:
Personnel, Article V, Section 5.14 of the County Policy Manual; and
WHEREAS, the County has established guidelines regarding the
provision of the Virginia Retirement System benefit, disciplinary policy and
procedures, and grievance policy and procedures under Chapter 1: Personnel,
Article VI, Section 6.4, Article VII, and Article VIII of the County Policy
Manual; and
WHEREAS, the Board of Supervisors desires to amend Chapter 1:
Personnel, Article VI, Section 6.4, Article VII, and Article VIII of the County
Policy Manual to clarify the provisions, guidelines, rules and procedures for
the provision of Virginia Retirement System participation, discipline, and
grievances; and
NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel,
Article V, Section 5.14 is adopted and Chapter 1: Personnel, Article VI,
Section 6.4, Article VII, and Article VIII of the County Policy Manual is
hereby amended as follows:
Chapter 1: Personnel
ARTICLE V
Leave Provisions
(Revised September 1, 2005, December 15, 2005, February 2, 2006,
April 5, 2007; October 2, 2008; January 8, 2009; June 19, 2014, October 16, 2014,
December 18, 2014, March 19, 2015)
Section 5.14
(Adopted March 19, 2015)
Recognition Leave
All personnel are eligible to receive leave hours for the purpose of such instances as the recognition
of service to the County, in conjunction with the promotion of or participation in safety, health, or
wellness initiatives, or for any other purpose approved by the County Administrator. Recognition
leave is intended to provide employees paid leave separate and apart from his/her other available
paid leave types.
Recognition leave is non-cumulative, must be taken within 90 calendar days of it being granted,
and any remaining balance thereof shall be forfeited at the end of the 90 calendar day period. Any
recognition leave shall not be paid upon separation of employment, is non-transferrable, and is not
compensable in the form of monetary compensation in lieu of paid leave time. Use of recognition
leave hours must be scheduled and approved in advance by the employee’s immediate supervisor.
Recognition leave shall be granted to an employee for a specific purpose by the Human Resources
Department upon approval of the County Administrator or his/her designee. The Human
Resources Department shall inform the employee’s department director that such recognition leave
has been granted.
ARTICLE VI
Benefits
(Revised January 17, 2002, September 1, 2005, December 15, 2005, October 16, 2006,
October 4, 2007, November 15, 2007, July 1, 2008, December 4, 2008, November 20, 2014,
December 18, 2014, March 19, 2015)
Section 6.4
(Revised December 15, 2005, October 4, 2007, March 19, 2015)
Virginia Retirement System
The County shall provide membership in the Virginia Retirement System (VRS) in the appropriate
state retirement plan for all employees who are eligible under the rules and regulations of the
system. Employees are required to contribute to the applicable plan in which they are enrolled and
the County pays the employer contribution on behalf of the employee, which varies based on the
applicable plan. Provides an employee with retirement benefits if the employee is at least 50 years
old and has at least five (5) years of contributions in the VRS. The amount of retirement benefits
varies based on factors such as years of covered service, age upon retirement, and salary. The
County pays the full cost of the VRS contribution on the employee’s behalf.
ARTICLE VII
Disciplinary Policy
(Revised February 2, 2006, March 19, 2015)
Section 7.0
(Revised February 2, 2006, March 19, 2015)
Disciplinary Policy
There is an exemplary standard of conduct expected of each employee of the County. It is
generally interpreted to mean that an employee will conduct himself/herself in a manner
compatible with public service. It is also the responsibility of the employee to perform his/her
duties to the best of his/her ability and to the standards set forth in the job description. County
employees also have the duty and responsibility to be aware of and abide by existing policies,
procedures, rules and regulations. No employee shall be disciplined for political or religious
reasons or for any other unlawful cause. Where practical, the County's disciplinary procedure shall
be progressive in nature.
Supervisor Responsibility
The immediate supervisor must approach corrective measures in an objective manner. If the
employee’s performance of an assigned task is the issue, the supervisor should generally look to
see that proper instructions, appropriate orientation, and training have been given and that the
employee is aware of job expectations. Not only single incidents, but also patterns of poor
performance should be of concern as these are indicative of overall performance. If misconduct is
the issue, the supervisor should take steps to insure the employee has been made aware of the
County’s policies and regulations regarding the infraction. Disciplinary actions should also include
a plan for correction that is clearly communicated with the employee.
Section 7.1
Purpose
The purpose of this disciplinary policy is to provide supervisors with a fair and objective guide for
determining the seriousness of an employee's unsatisfactory work performance or misconduct and
selecting the appropriate disciplinary action to correct the unacceptable behavior.
Section 7.2
(Revised March 19, 2015)
Definitions
Verbal Oral Reprimand - A verbal oral reprimand shall be defined as a discussion between the
supervisor and the employee where the employee is advised and cautioned about his/her
unsatisfactory work performance or misconduct. In order to officially be recorded as an oral
reprimand, the oral reprimand shall be documented on the County’s Employee Corrective Action
Form and placed in the employee's personnel file. Oral reprimands are not grievable. No oral
reprimand shall be given without prior approval by the department of Human Resources.
Written Reprimand - A written reprimand shall be defined as a written documentation to the
employee from the supervisor wherein the employee is advised and cautioned about his/her work
performance or misconduct. The written reprimand shall be documented on the County’s
Employee Corrective Action Form and placed in the employee’s personnel file. No written
reprimand shall be given without prior approval by the department of Human Resources.
Suspension - A suspension shall be defined as the temporary temporarily prohibiting an employee
of the employee from performing his/her duties as a result of the employee’s unsatisfactory work
performance or misconduct. An employee may be suspended without pay for a period not to
exceed 15 workdays with the approval of the department of Human Resources. The suspension
period shall be without pay. With the approval of the County Administrator, an employee may be
suspended for a longer period. The suspension shall be documented on the County’s Employee
Corrective Action Form and placed in the employee’s personnel file. No suspension shall be given
without prior approval by the department of Human Resources.
Disciplinary Demotion - A disciplinary demotion shall be defined as a reduction of the pay grade
of an employee and a change in job duties and responsibilities. The reassignment of an employee
to a lower pay grade. An employee who receives a disciplinary demotion shall receive a decrease
in salary with the approval of the department of Human Resources. The disciplinary demotion
shall be documented on the County’s Employee Corrective Action Form and placed in the
employee’s personnel file. No demotion shall be valid without prior approval by the department
of Human Resources.
Dismissal - A dismissal shall be defined as an involuntary separation from employment initiated
by the County employing authority as a result of the employee's unsatisfactory work performance
or misconduct. The dismissal shall be documented on the County’s Employee Corrective Action
Form or in some other approved written manner and placed in the employee’s personnel file. No
dismissal shall be valid without the prior approval by the department of Human Resources.
Section 7.3
Applicability
All employees within departments which are a part of the classified service shall be covered under
this policy. All levels of supervision shall be responsible for the uniform orientation of employees
regarding this policy and its fair and equal enforcement.
Section 7.4
(Revised March 19, 2015)
Policy
The County supports the use of progressive discipline to address conduct issues such as poor work
performance or misconduct and to encourage employees to become more productive workers and
meet County standards and expectations.
The County reserves the right to administer appropriate disciplinary action for all forms of
disruptive and/or inappropriate behavior. Each situation will be dealt with on an individual basis.
The County has established general guidelines to govern the conduct of its employees. No list of
rules can include all instances of conduct that can result in discipline and the examples below do
not replace sound judgment or common sense behavior. Examples of employee conduct that would
lead to discipline and the usual course of disciplinary action have been separated into three groups,
according to the severity and impact of the infraction. Violations may warrant differing levels of
discipline depending on the level of seriousness. The severity of the discipline chosen by the
supervisor must be proportionate to the seriousness of the offense. The County always reserves
the right to determine the appropriate level of disciplinary action, including but not limited to
disciplinary demotion, oral and written warnings reprimands, suspension, and discharge dismissal.
For inadequate or unsatisfactory job performance, the supervisor may, with approval of the County
Administrator, place an employee on probationary status. In the event the employee has not
achieved satisfactory performance by the end of the probationary period, he/she may be discharged
in accordance with the provisions of Section 4.9. Below are some examples of offenses that may
lead to disciplinary action. The list is not meant to be all-inclusive or in any way limit the County’s
ability to take disciplinary action for offenses not included on this list.
First Group Offenses (Examples Only)
Unsatisfactory attendance or tardiness;
Abuse of County time, such as:
o Unauthorized time away from work area; or
o Failure to notify supervisor promptly of completion of assigned work
o Abusing lunch meal periods
Obscene or abusive language;
Contributing to unsanitary or unsafe conditions
Violating the chain of command as described in Article VIII concerning issues arising in
the workplace
Second Group Offenses (Examples Only)
Failure to follow supervisor's instructions, perform assigned work duties timely, correctly,
competently, or at an adequate level of production or otherwise comply with applicable
established written policy;
Insubordination;
Incompetency or inefficiency;
Leaving the work area without proper notice to supervisor;
Unauthorized use or misuse of County property or records;
A moving traffic violation while using County vehicles;
Violating safety rules where there is not a threat to life;
Third Group Offenses (Examples Only)
Absence or leave in excess of three (3) work days without a satisfactory explanation;
Use of alcohol or unlawful use or possession of controlled substances while on the job, or
reporting to work when under the influence of alcohol or controlled substances;
Falsifying any records such as, but not limited to: vouchers, reports, insurance claims, time
records, leave records, or other official records;
Willfully or negligently damaging or defacing County records or County or employee
property;
Theft or unauthorized removal of County records or County or employee property;
Acts of physical violence or fighting;
Engaging in sexual activities while on the job or on County property;
Violating safety rules where there is a threat to life;
Sleeping during working hours;
Willful dereliction of duty
Participating in any kind of work slowdown, sit down, or similar concerted interference
with County operations;
Unauthorized possession or use of firearms, dangerous weapons or explosives;
Threatening or coercing employees or supervisory personnel;
Criminal convictions for acts of conduct occurring on or off the job which are related to
job performance or are of such a nature that to continue the employee in the assigned
position could constitute negligence in regard to the department's duties to the public or to
other County employees;
Violations of the County’s Non-Discrimination and Anti-Harassment Policy;
Demonstrating insubordination, including but not limited to:
o Refusal to do an assigned job
o Refusal to work overtime when required
o Refusal to accept holiday work when assigned
o Intentional delay in carrying out an assignment
Supervisors may account for mitigating circumstances in determining discipline, but they must
document any such mitigating circumstances in writing.
All disciplinary actions, with the exception of verbal oral reprimand, are appealable through the
grievance procedure.
Procedural steps for imposing discipline are set forth on the following pages. The failure of a
supervisor to follow these procedural steps will not, of itself, render the discipline invalid or
improper. However, the supervisor's failure to follow the procedure may be separately grieved by
an employee and may be included in an evaluation of the supervisor's job performance.
Section 7.5
(Revised March 19, 2015)
Reprimands
Reprimands are given for offenses which are less severe in nature but which require correction in
the interest of maintaining a productive and well- managed work force. The form of the reprimand
may be either verbal oral or written.
a. A supervisor should first discuss the offense with the employee and advise him/her of the
need for correction. If the situation is not corrected, the employee should be given an
Employee Corrective Action Notice designating the reprimand as either an Oral or Written
Reprimand and emphasizing the need for correcting his/her behavior. written notice to
emphasize the need for correcting his/her behavior.
b. No reprimand shall be relied upon as a basis for further disciplinary action unless it is
documented in writing and a copy forwarded to the Human Resources Department for
inclusion in the employee's official personnel file.
c. Once a reprimand is reduced to writing, as provided above, a copy shall be hand delivered
and signed “received” by the employee or mailed to the employee by certified mail (return
receipt requested) if hand-delivery is not practical.
d. Written r Reprimands shall be cumulative in nature and shall remain on file. After three
(3) reprimands, the supervisor should suspend the employee. Such suspension shall not
exceed three (3) workdays. A fourth written reprimand will normally result in termination.
Prior to suspending or dismissing an employee, the department director or supervisor must:
a. Meet with the employee to discuss the problem;
b. Give the employee a reasonable amount of time to respond;
c. Review the employee's responses and any available information regarding the problem;
and
d. Prepare a written statement of the problem, the employee's response, a summary of
findings, action being taken, a warning to what further disciplinary action could result if
the situation is not corrected and a statement of the employee's right to appeal (if any) in
accordance with the County's grievance policy.
Section 7.6
(Revised March 19, 2015)
Suspensions
Suspensions are given for acts of conduct of a more serious nature, including unsatisfactory work
performance or misconduct, which continues after discipline has been imposed. Corrective action
for these offenses include a meeting between the employee and the supervisor, if possible, prior to
the suspension being imposed, a written notice including the items listed below and suspension
without pay. Employees may not be suspended in excess of five fifteen (5 15) work days for an
offense of this nature.
Prior to suspending or dismissing an employee, the department director or supervisor must:
a. Meet with the employee to discuss the problem and provide the employee an
opportunity to respond in written form by the close of the next business day;
b. Review the employee's responses and any available information regarding the
problem; and
c. Prepare a written statement of the problem, the employee's response, a summary of
findings, action being taken, a warning to what further disciplinary action could result if
the situation is not corrected and a statement of the employee's right to appeal (if any) in
accordance with the County's grievance policy.
A written notice of suspension shall be hand delivered and signed received or mailed certified mail
(return receipt requested) to the employee. The items listed below shall be included in the written
notice:
a. A statement of the reason(s) for the suspension;
b. A warning of what further disciplinary action could result, if the situation is not corrected;
c. A statement of the employee's response to the reasons for the suspension as indicated in
the meeting between the supervisor and the employee; and if a meeting was not possible
prior to the suspension being imposed, the reason that a meeting could not take place should
be stated in the letter.
d. A statement of the employee’s right to appeal (if any) in accordance with the County's
grievance procedure.
A copy of such written notice shall be forwarded to the Human Resources Department for inclusion
in the employee's official personnel file. An additional offense requiring a suspension will
normally result in termination. A single suspension coupled with three reprimands in the
employee's file will also normally result in termination.
Section 7.7
(Revised March 19, 2015)
Disciplinary Demotion
Disciplinary demotions can occur as an intermediate discipline or as an alternative to termination
in second or third group offenses, or in cases of continued commission of first group offenses after
discipline has been imposed.
a. An effort should be made by the supervisor to meet with the employee prior to imposing the
demotion. The employee should be given the opportunity to respond to the reasons for the
proposed action.
b. A written notice of the demotion shall be hand delivered or mailed to the employee by certified
mail (return receipt requested). The items listed below shall be included in the written notice.
1. A statement of reasons for the demotion;
2. In cases where the demotion is not voluntary, a warning of what further disciplinary
action could result, if the situation is not corrected;
3. A statement of the employee's response to the reasons for the demotion as indicated
in the meeting between the supervisor and the employee; and if a meeting was not
possible prior to the demotion, the reason that a meeting could not take place should
be stated.
4. A statement of employee's right to appeal (if any) in accordance with the County's
grievance policy, unless the demotion is voluntary.
c. A copy of such written notice shall be forwarded to the Human Resources Department for
inclusion in the employee's official personnel file.
d. A demotion shall not be used as a disciplinary action if the employee involved cannot
qualify for the lower-ranked position or if the demotion would require the displacement of
another employee.
Section 7.8
Dismissal
An employee is dismissed for acts and behavior of such a serious nature that a first occurrence
should normally warrant termination and for unsatisfactory performance or misconduct of a less
serious nature which continues after discipline has been imposed for prior poor work performance
or misconduct.
An effort should be made by the supervisor to meet with the employee prior to the dismissal. The
employee should be given the opportunity to respond to the reason(s) for the proposed action. A
written notice shall be hand delivered or mailed certified mail (return receipt requested) to the
employee if hand-delivery is not practical. The items below shall be included in the written notice.
1. A statement of the reason(s) for dismissal;
2. A statement of the employee's response to the reasons for the dismissal as indicated
in the meeting between the supervisor and the employee; and if a meeting was not
possible prior to the dismissal, the reason that a meeting could not take place should
be stated in the letter;
3. A statement of the employee's right to appeal (if any), in accordance with the
County's grievance policy.
A copy of such written notice shall be forwarded to the County Administrator's office Human
Resources Department for inclusion in the employee's official personnel file.
Section 7.9
(Revised March 19, 2015)
Additional Non-Disciplinary Suspension Provisions
In addition to the suspensions provided for in the preceding pages, suspensions with or without
pay may occur for the following reasons, subject to the limitations noted.
a. Suspension in Lieu of Dismissal
Up to a ten (10) work day suspension may be imposed where mitigating factors support a
decision to retain an employee in spite of actions by the employee who would normally
warrant dismissal. Provided, however, that an explanation is given for such action in the
notice that is provided to the employee.
b. Immediate Suspension
Nothing in this policy shall prevent the immediate suspension with pay of an employee
whose continued presence on the job is deemed to be a substantial and immediate threat to
the welfare of the employee's department or to the welfare of the public, or where such
continued presence could constitute negligence in regard to the department's duties to the
public or to other County employees. Such suspension may be imposed in any of the these
following situations with the prior approval of the affected department director or his/her
designee, Director of Human Resources or his/her designee and the County Administrator
or his/her designee. Where such suspension must be imposed at a time other than normal
working hours, the County Administrator shall be notified and consulted at the beginning
of the next work day.
c. Suspension Pending Court Action or Official Investigation
An immediate suspension with pay shall be warranted where there is a criminal prosecution
or official investigation involving alleged criminal violations that occur on or off the job
and are related to job performance or are of such a nature that to continue the employee in
the assigned position could constitute negligence in regard to the department's duties to the
public and to other County employees.
Upon completion of such court action or official investigation, the employee may be
disciplined or removed or may be reinstated. The County Administrator shall not be bound
by the outcome of court action or official investigation but may refer to such outcome and
the findings in making a final decision. (Official investigation shall be interpreted to
include only those investigations conducted by Federal, State or local government law
enforcement agencies.)
d. Suspension Pending Department Disciplinary Investigation
An immediate suspension with pay may be imposed pending completion of a disciplinary
investigation into misconduct or violation of established work rules; provided, however,
that before such a suspension is imposed the department director must find that the
employee's continued presence on the job would present a substantial and immediate threat
to the welfare of the department or the public, or that it could constitute negligence on the
part of the County in regard to the department's duties to the public or to other County
employees. Such suspension shall not exceed ten (10) work days in length. Such
suspension may be imposed in any of these situations with the prior approval of the affected
department director or his/her designee, Director of Human Resources or his/her designee
and the County Administrator or his/her designee. Where such suspension must be
imposed at a time other than normal working hours, the County Administrator shall be
notified and consulted at the beginning of the next work day.
If the employee is cleared of any such alleged violations, the employee shall be reinstated.
Where no finding of violation or decision or disciplinary action occurs within ten (10) work
days, the employee shall be permitted to return to work pending a final decision.
Section 7.10
Mitigating Circumstances
Mitigating circumstances include those conditions related to a given offense that would serve to
support a reduction or corrective action in the interest of fairness and objectivity. Mitigating
circumstances may also include consideration of an employee's length of service with a history of
satisfactory work performance.
Section 7.11
Not All Inclusive
The offenses listed in this policy are not intended to be all-inclusive. Accordingly, conduct which,
in the judgment of the department director, although not listed, seriously undermines the
effectiveness of the agency's activities or the employee's performance, should be treated consistent
with provisions of this policy. A record of such offenses must be filed with the Director of Human
Resources and County Administrator.
Section 7.12
Right to Grieve Disciplinary Action
All regular full-time and regular part-time employees in the classified service, who have completed
their probationary period, may grieve disciplinary actions in accordance with the grievance
procedure in Article VIII.
ARTICLE VIII
Grievance Procedure
(Revised June 14, 2007, March 19, 2015)
Section 8.0
(Revised March 19, 2015)
Policy
Isle of Wight County desires to resolve employee grievances fairly and promptly. Employees are
encouraged to freely discuss their concerns with immediate supervisors and upper management
levels when disagreements or dissatisfactions arise. The County shall strive for equitable treatment
of all employees and by doing so attempt to alleviate the occurrence of grievances. Most issues
may be resolved through discussion, but alternatives are necessary when discussion is not
effective.
Section 8.1
(Revised March 19, 2015)
Purpose
The purpose of a the County’s grievance procedure is to establish an objective and fair method of
resolving an employee's complaint or dispute concerning his/her employment with the County by
allowing employees to bring their concerns to upper levels of management. All problems,
complaints or disputes, even of a minor nature, should be resolved with the least amount of delay.
It is the County’s intent that this policy comply fully with state law. In cases of conflict, the laws
of the Commonwealth of Virginia shall govern. Questions concerning the grievance procedure
should be directed to the Human Resources Department.
Section 8.2
(Revised March 19, 2015)
Applicability
Unless otherwise provided by law, all non-probationary local government permanent regular full-
time and part-time employees are eligible to file grievances with the following exceptions:
a. Appointees of elected groups or officials;
b. Officials and employees who by statute, ordinance or other law serve at the will or
pleasure of the Board of Supervisors;
c. Deputies and executive assistants of the County Administrator;
d. Agency, or department heads, or chief executive officers, or Assistant County
Attorneys of County operations;
e. Employees whose terms of employment are limited by law;
f. Temporary, limited term and seasonal employees;
g. Law enforcement officers as defined in Chapter 10.0 (Section 2.1-116.1 et seq.) of Title
2.1 of the Code of Virginia whose grievance is subject to the provisions of Chapter 10.0
and who have elected to proceed pursuant to the provisions in the resolution of their
grievance, or any other employee electing to proceed pursuant to any other existing
procedure in the resolution of his/her grievance;
h. Firefighter and Emergency Medical Technicians who elect to proceed under the
Firefighter and Emergency Medical Technicians Procedural Guarantee Act, section
9.1-500 et seq. (sometimes known as the firefighter's bill of rights);
i. Members of boards and commissions;
j. Volunteers;
k. Constitutional Officers;
l. Consultants and legal counsel rendering professional services;
m. Probationary employees;
n. Individuals whose employment with the county has been terminated as a result of
resignation, reduction in force, or retirement.
Notwithstanding the exceptions set forth above, the County, at its sole discretion, may voluntarily
include employees in any of the excepted categories within the coverage of their grievance
procedures.
Section 8.3
(Revised March 19, 2015)
A. Definition of Grievance
A grievance shall be defined as a complaint or dispute by an employee relating to his/her
employment, but not necessarily limited to the following grievable issues:
a. Disciplinary actions, including dismissals (whether resulting from formal discipline or
unsatisfactory job performance or an involuntary resignation), demotions and suspensions;
b. The application or interpretation of personnel policies, procedures, rules, regulations, and
ordinances;
c. Acts of retaliation as the result of utilization of the grievance procedure or of participation
in the grievance of another County employee;
d. Complaints of discrimination on the basis of race, color, creed, political affiliation, age,
disability, national origin or sex;
e. Acts of retaliation because the employee has complied with any law of the United States,
State of Virginia or County of Isle of Wight, has reported any violation of such law to a
governmental authority, or has sought any change in law before the Congress of the United
States, the General Assembly or the Board of Supervisors.
(1) The disciplinary actions of written reprimand, disciplinary demotions, dismissals,
and suspensions;
(2) Concerns regarding the application, meaning, or interpretation of personnel
policies, procedures, rules, and regulations;
(3) Discrimination in any employment practice based on the employee's race, color,
creed, sex, age, religion, national origin, disability or political affiliation;
(4) Acts of retaliation as the result of the use of or participation in the grievance
procedure or because the employee has complied with any law of the United
States or of the Commonwealth of Virginia, has reported a violation of such law
to a governmental authority, has sought any change in law before the
Congress of the United States or the General Assembly, or has reported an
incidence of fraud, abuse, or gross mismanagement.
B. Management Responsibilities
Management reserves the exclusive right to manage the affairs and operations of County
government. Accordingly the following complaints are not grievable under this procedure:
a. Establishment and revision of wages or salaries, positions, classifications job titles
or general benefits;
b. Work activity accepted by the employee as a condition of employment or work
activity which may reasonably be expected to be a part of job content;
c. Contents of ordinances, statutes or established personnel policies, procedures, rules
and regulations;
d. Failure to promote except where the employee can show that established
promotional policies or procedures were not followed or applied fairly;
e. The methods, means and personnel by which work activities are to be carried on;
f. Except where such actions affect an employee who has been reinstated within the
previous six months as the result of the final determination of a grievance,
termination, layoff, demotion, or suspension from duties because of lack of work,
reduction in work force or job abolition; Termination, demotion or suspension
from duties because of lack of work, reduction in workforce, or job abolition,
except where such action affects an employee who has been reinstated within the
previous six (6) months as a result of the final determination of a grievance. Such
action shall be upheld upon a showing that: (i) there was a valid business reason
for the action and (ii) the employee was notified of such reason in writing prior to
the effective date of the action;
g. The hiring, promotion, transfer, assignment and retention of employees within the
County;
h. The relief of employees from duties of the County in emergencies.
i. Counseling memoranda and manners of providing supervisory directions;
j. Performance evaluations;
k. Oral reprimands.
In any grievance brought under the exception to provision (f) of this subsection, the action shall
be upheld upon a showing by the County that:
1. There was a valid business reason for the action; and
2. The employee was notified of the reason in writing prior to the effective date of the
action.
Section 8.4
(Revised June 14, 2007, March 19, 2015)
Grievance Procedure
Most employee concerns or complaints can be resolved informally through communications
between the employee and his/her supervisor. Accordingly, employees are encouraged to take
their complaints to their immediate supervisor and then to upper management levels to seek a
solution. Employees are also encouraged to pursue grievable issues through the grievance
procedure.
Step 1. The employee shall identify the grievance verbally to his/her immediate supervisor
in an informal meeting within twenty (20) calendar days after the event of action
which is the basis for the grievance. The supervisor shall give a verbal response to
the employee within seven (7) calendar days following the meeting. If a resolution
is not reached at this point, the employee shall submit in writing to
the supervisor the nature of the grievance and the specific relief requested within
seven (7) calendar days following the date of receipt of the verbal response. The
supervisor, in turn, shall give the employee a written response within seven (7)
calendar days following receipt of the grievance.
Step 2. If the grievance is not resolved at the first step, the employee shall state in writing
his/her desire to have the grievance advanced to the next step within seven (7)
calendar days after receipt of the grievance following the supervisor's written
response. A meeting to review the grievance shall be held between the employee
and the department director within seven (7) calendar days after receipt of the
grievance. If the department director is the immediate supervisor, the meeting will
be between the employee and the appropriate Assistant County Administrator. The
limit between the second step submission and the second step meeting may be
extended by mutual agreement.
At the second step meeting, the employee may have a witness(es) of his/her choice
present. At the second step meeting the supervisor may likewise have witness(es)
present if he/she so desires. The department director or Assistant County
Administrator shall make a separate inquiry into the complaint and a written reply
to the grievant shall be provided to the employee within seven (7) calendar days
after the second step meeting.
Step 3. If a satisfactory resolution is not reached at the second step, the employee may file
a written request for a hearing with the County Administrator within fourteen (14)
calendar days after receipt of the department director's reply. A copy of the request
for a hearing shall be sent to the employee's department director. Upon receipt of
the written request for a hearing and verification that Steps 1 and 2 have been taken,
the County Administrator shall schedule the requested hearing within seven (7)
calendar days. The time between the third step submission and the third step
hearing may be extended by mutual agreement. The County Administrator may
decline to hear the grievance and forward the request to a panel hearing in
accordance with Section 8.5. If the County Administrator chooses to hear the
grievance, the employee and the County Administrator may have a
representative(s) of their choice present at the hearing. The County Administrator
shall provide the employee with a written reply within seven (7) calendar days after
the conclusion of the hearing. A copy of the reply shall be sent to the department
director.
At Steps 1 and 2 only the grievant, appropriate managerial person (supervisor at Step 1,
department director or Assistant County Administrator at Step 2) and appropriate
witness(es) may be present. In addition, the County Attorney or his/her designee shall be
present for Steps 1 and 2, but only for observation purposes. At Step 3, the grievant may
have a representative present and, if the grievant is represented by legal counsel at Step 3,
then the County may also be represented by legal counsel at Step 3.
(a) The procedure for a grievance includes the following steps:
(1) Step 1. An employee who has a complaint shall discuss the problem
directly with the employee's immediate supervisor within twenty (20)
calendar days of the date the employee should have reasonably gained
knowledge of the event giving rise to the complaint. The employee is not
required to present the complaint in writing at this step. A verbal reply
by the supervisor shall be made within five (5) business days following
the meeting. Failure on the part of the employee to initiate the action
required within the time stated herein shall terminate the employee's
right to initiate a grievance on that issue.
(2) Step 2. If the complaint is not resolved after the first step, the employee
may submit in writing the complaint to the employee's immediate
supervisor within five (5) business days of the supervisor's verbal reply in
step 1. The complaint shall be made using the "Grievance/Remedy Form"
available from the department of human resources. The immediate
supervisor shall reply in writing on the "Grievance/Remedy Form" to the
complaint within five (5) business days of the receipt of the written
complaint and provide a copy to the department director and the department
of human resources. If the County Administrator or the County
Administrator’s designee is the immediate supervisor, steps 2, 3 and 4 are
consolidated into one step. Failure on the part of the employee to initiate
the action required within the time stated herein shall terminate the
employee's right to continue a grievance on that issue.
(3) Step 3. If the complaint is not resolved in step 2, the employee may
appeal the decision of the supervisor to the department director by
forwarding the "Grievance/Remedy Form" to the department director
within five (5) business days of receipt of the immediate supervisor's
written response in step 2. The department director shall reply in writing
on the "Grievance/Remedy Form" to the complaint within five (5)
business days of the receipt of the written complaint and provide a copy to
the department of human resources. Failure on the part of the employee to
initiate the action required within the time stated herein shall terminate the
employee's right to continue a grievance on that issue.
(4) Step 4. If the complaint is not resolved at step 3, the employee may appeal
the decision of the department director by forwarding the
"Grievance/Remedy Form" to the County Administrator or County
Administrator's designee within five (5) business days of the department
director's response. Within five (5) business days of its receipt, the County
Administrator or County Administrator’s designee shall meet with the
grievant and the department director together, to discuss the grievance. The
County Administrator or County Administrator's designee shall reply to the
grievant on the “Grievance/Remedy Form” within five (5) business days of
the discussion and provide a copy to the department of human resources.
Failure on the part of the employee to initiate the action required within the
time stated herein shall terminate the employee's right to continue a
grievance on that issue.
(b) With the exception of step 4, the only persons who may be present in the
management step meetings are the employee, the employee's immediate supervisor or department
director depending on the level at which the grievance is being heard, and appropriate witnesses
for each side. Witnesses shall be present only while actually making his or her statement. At step
4, the employee, at his or her option, may have present a representative of his or her choice. If the
employee is represented by legal counsel, the county likewise has the option of being represented
by counsel. The employee must notify the County Admininistrator and the Human Resources
Department of the name of his or her attorney within five (5) calendar days of the scheduled
meeting. The presence of attorneys shall not alter the fact that this is an administrative, informal,
fact-finding process involving, in step 4, a meeting and discussion between the County
Administrator or County Administrator's designee and the employee.
Section 8.5
(Revised June 14, 2007, March 19, 2015)
Panel Hearing
If the grievance is not settled in Step 3, the grievant may proceed to a hearing before an impartial
panel.
A written request for a panel hearing must be submitted to the County Administrator within ten
(10) calendar days of the receipt of the third step reply.
The panel shall be selected within ten (10) calendar days after receipt of the written request for a
panel hearing. The panel shall consist of three members, one member appointed by the grievant,
one member appointed by the County Administrator, or his designee, and the third member
selected by the first two. The third person shall be the chairperson of the panel. In the event that
agreement cannot be reached as to the final panel member, the chief judge of the circuit court of
the jurisdiction wherein the dispute arose shall select the third member.
To insure an impartial panel, such panel shall not be composed of any person having direct
involvement with the grievance being heard by the panel, or with the complaint or dispute-giving
rise to the grievance. Management personnel who are in a direct line of supervision of the grievant,
persons residing in the same household as the grievant, and the following relatives of a participant
in the grievance process or a participant's spouse are prohibited from serving as panel members:
spouse, parent, child, descendants of a child, sibling, niece, nephew, and first cousin. No attorney
having direct involvement with the subject matter of the grievance nor a partner, associate,
employee, or co-employee of such attorney shall serve as a panel member. Panel members chosen
in compliance with these requirements shall be deemed to be impartial.
The panel has the responsibility to interpret the application of appropriate County policies and
procedures. It does not have the prerogative to formulate or to change policies or procedures. The
panel shall set the time for the hearing which shall be held as soon as practical, but not more than
ten (10) work days after the panel has been selected and the employee notified.
Panel members, either individually or collectively, should not have contact with or hear any
discussion of the grievance from any person(s) previously involved in an earlier phase of the
grievance until such time as the panel meets.
Both the respondent and the grievant may have legal counsel, or representatives of their choice
present at the meeting.
The conduct of the panel hearing shall be as follows:
The panel shall determine the propriety of attendance at the hearing of persons not having
direct interest in the hearing, and, at the request of either party, the hearing shall be private;
The County provides the panel with copies of the grievance record prior to the hearing, and
provides the grievant with a list of documents furnished to the panel and the grievant and
his attorney, at least ten (10) calendar days prior to the scheduled panel hearing, shall be
allowed access to and copies of all relevant files intended to be used in the grievance
proceeding;
The panel has the authority to determine the admissibility of evidence without regard to
the burden of proof, or the order of presentation of evidence, so long as a full and equal
opportunity is afforded to all parties for the presentation of their evidence;
All evidence shall be presented in the presence of the panel and the parties, except by
mutual consent of the parties;
Documents, exhibits, and lists of witnesses shall be exchanged between the parties in
advance of the hearing;
The majority decision of the panel, acting within the scope of its authority, shall be final,
subject to existing policies, procedures and law;
The panel's decision shall be filed in writing by the panel chairperson with the County
Administrator not later than ten (10) work days after completion of the hearing.
Copies of the panel's decision shall be transmitted to the employee, the employee's
supervisor, the employee's department director and the County Administrator.
Request for Hearing
If the County Administrator's or the County Administrator's designee's response does not
resolve the grievance at step 4, the grievant may request a hearing before a grievance panel. The
request for a hearing shall be submitted in writing to the Director of Human Resources within
five (5) business days of the response of the County Administrator or the County Administrator's
designee.
Panel Composition
(1) In cases of employee termination or retaliation, the panel shall be made up of three
impartial members. Two panel members shall be chosen from employees of the County. One of
those panel members shall be appointed by the employee and one shall be appointed by the
County Administrator or County Administrator's designee. The third panel member shall be an
administrative hearing officer who is appointed by the Executive Secretary of the Supreme
Court. The County will pay all costs related to the use of the hearing officer. The administrative
hearing officer shall act as panel chairperson.
(2) In all other cases, the panel shall be made up of three impartial members chosen from
employees of the County, one appointed by the grievant, one appointed by the County
Administrator or County Administrator's designee, and a third panel member selected by the first
two appointed panelists, who will serve as the panel chairperson. In the event that an agreement
cannot be reached as to the third panel member, the chief judge of the circuit court of the County
shall select the third panel member.
(3) All County employees, as a condition of County employment, shall serve on grievance
panels, whether selected by the grievant, management, or by the two appointed panelists to serve
as the panel chair. All employees of the Human Resources Department, Office of the County
Attorney, and the County Administrator's office shall be excluded from serving on the panel.
(4) The panel shall not be composed of any persons having direct involvement with the
grievance being heard by the panel, or with the complaint giving rise to the grievance; nor
managers who are in a direct line of supervision of the grievant; nor employees in the same
department as the grievant; nor persons who are residing or have resided in the same household
as the grievant; nor the following relatives of either participant in the grievance process: spouse,
parent, grandparent, child, grandchild, sibling, step-sibling, in-law, niece, nephew or first cousin.
No attorney having direct involvement with the subject matter of the grievance, nor a partner,
associate, employee or co-employee of the attorney shall serve as a panel member. Panel
members chosen in compliance with these requirements shall be deemed to be impartial.
(5) The County Administrator or County Administrator's designee, the grievant, or the
grievant’s department director may challenge the eligibility of the other party's panel member by
requesting a determination from the Director of Human Resources of whether the selection has
met or violated the eligibility requirements. Such requests must be made in writing no fewer than
five (5) business days prior to the date of the scheduled panel hearing. If one member is found to
be ineligible, the remaining members are unaffected. If at all possible, an immediate replacement
will be impaneled and the hearing conducted as scheduled.
Rules for Panel Hearings
The conduct of panel hearings as a part of the grievance procedure shall be governed by the
following rules:
(1) The panel does not have authority to formulate policies or procedures or to alter existing
policies or procedures;
(2) The panel has the discretion to determine the propriety of attendance at the hearing of
persons not having a direct interest in the hearing, and, at the request of either party, the hearing
shall be private;
(3) The County shall provide the panel with copies of the grievance record prior to the
hearing, and provide the grievant with a list of the documents furnished to the panel;
(4) The grievant and his or her attorney, at least ten (10) calendar days prior to the scheduled
panel hearing, shall be allowed access to and copies of all relevant files intended to be used by
the County in the grievance proceeding;
(5) The panel shall have the authority to determine the admissibility of evidence without
regard to the burden of proof, or the order of presentation of evidence, so long as a full and equal
opportunity is afforded to all parties for the presentation of their evidence;
(6) All evidence shall be presented in the presence of the panel and the parties, except by
mutual consent of the parties;
(7) The documents, exhibits and lists of witnesses shall be exchanged between the parties in
advance of the hearing;
(8) The panel hearing is an administrative process and is not meant to be conducted like
proceedings in court. Panels are not bound by rules of evidence and shall take into account all
reliable and substantial evidence produced at the hearing. It is within the province of the panel to
determine relevancy and materiality. The panel may require either party to demonstrate
relevancy and materiality of any evidence and the need for any requested extensions of the
hearing panel;
(9) The panel shall deal with the grievance before them. Evidence and testimony as to how
other employees or situations have been handled in the past are not relevant except in cases of
discrimination. Previous applications of the same policy may be relevant. No personnel file or
record may be examined by the panel or introduced into evidence, except that of the grievant;
(10) The panel has no subpoena power to compel the attendance of witnesses. The panel may,
however, at the request of either party, or in its own discretion, request the voluntary appearance
of witnesses or the submission of documents.
Authority of the Panel Chair
The chair, acting on behalf of the panel, has the authority to:
(1) Issue requests for witnesses or documents but does not have subpoena power;
(2) Administer oaths;
(3) Receive documentary evidence and hear testimony, and exclude that which is irrelevant,
immaterial, repetitive or confidential by law;
(4) Decide on procedural requests;
(5) Hold a conference (in person or by telephonic means) to simplify the issues, decide
procedural matters, discuss settlement possibilities, and establish the date, time, and place of
hearing; and
(6) Order the parties to exchange a list of witnesses and documents.
Conduct of the Hearing
(1) The hearing must be held within 30 calendar days of the selection of the panel in a
location convenient to where the employee is or has been employed. The County must arrange a
place for the hearing unless the panel chair chooses to make the arrangements. It is the
responsibility of the panel chair to notify the parties, either in writing or at a prehearing
conference, of the date, time and place of the hearing.
(2) When a hearing is scheduled, it is the responsibility of the parties to appear or ask for a
postponement. A hearing may proceed in the absence of one of the parties; a hearing so
conducted will be decided on the grievance record and the evidence presented at the hearing. The
parties may be represented by legal counsel or other representative, or may represent themselves.
A hearing may be continued into evenings or weekends. The panel may grant a postponement or
extend the 30 calendar day period for good cause.
(3) Opening and closing statements may be made by each party. Each party may be
represented by an individual of choice. All witnesses, except for the grievant and a representative
of the County, shall not be present in the hearing room except when giving testimony. Exhibits
may be offered into evidence and be made part of the record. The hearing must be recorded
verbatim. The panel chair is responsible for the recording and is to preserve the recorded tapes as
a part of the grievance record. Either party may receive a copy of the recording at cost. A court
reporter is not required. If either party requests a court reporter, that party is responsible for the
costs. If a transcript is made, the other party may request a copy at cost. The panel chair has the
authority to determine the propriety of the attendance of all persons not having a direct
involvement in the hearing including witnesses and spectators. The hearing shall be closed to the
public.
Decision
(1) The panel's decision must be in writing and contain the findings of fact and the basis for
those findings. The panel shall deliver its decision to the Director of Human Resources, the
individual who represented the County during the panel hearing and the employee within ten
(10) business days of the conclusion of the hearing unless the panel by majority vote extends the
time period. If the panel extends the time period for its response, the panel chair shall notify the
parties in writing. The majority decision of the panel, acting within the scope of its authority,
shall be final, subject to existing policies, procedures and law.
(2) The panel shall decide the case on the merits, not on whether there has been compliance
with the procedural requirements of this article. The panel does not have the authority to
formulate policies or procedures nor to alter existing policies and procedures. The panel shall
make its decision within the following standards of review:
a. In grievances involving disciplinary action for misconduct, including termination
for misconduct, the panel shall uphold the County if the evidence shows that the
charge(s) of misconduct and disciplinary action(s) were more likely than not appropriate
under the circumstances. If the panel finds that the charge(s) or disciplinary action(s)
were not appropriate under the circumstances, then the panel has the same authority and
limitations as management to determine the appropriate charge(s) or disciplinary
action(s) in accordance with applicable County policy. The panel may not impose a
disciplinary action in excess of the original disciplinary action imposed by the County.
b. In grievances involving termination for unsatisfactory work performance, failure
to meet job standards, unacceptable attendance or other nondisciplinary matters, the panel
shall uphold the County's action if it determines that the action was more likely than not
appropriate under the circumstances. If the panel finds that the charge(s) or disciplinary
action(s) were not appropriate under the circumstances, then the panel has the same
authority and limitations as management to determine the appropriate charge(s) or
disciplinary action(s) in accordance with applicable County policy. The panel is not
empowered to establish or modify job standards, job requirements, or performance
standards nor may the panel determine or change an employee's evaluation rating. The
panel may not impose a disciplinary action in excess of the original disciplinary action
imposed by the County.
c. In grievances involving complaints regarding application of policy, discrimination
and other nondisciplinary issues, the panel will determine if policies and procedures have
been appropriately applied. If the panel finds that the policies and procedures have not
been applied appropriately, then the panel, as appropriate relief, may issue an order to
create an environment free from discrimination or to take corrective actions necessary to
cure the violation and/or minimize its recurrence. The panel is not empowered to
promote, assign or transfer employees, to establish salaries nor to take any other action
which is in the purview of management rights.
d. The panel does not have the authority to consider matters which the grievance
procedure makes nongrievable.
e. The majority decision of the panel, acting within the scope of its authority, shall
be final, subject to existing policies, procedures and law.
f. The panel may not award damages or attorney's fees.
(3) Within ten (10) business days of the receipt of the panel's decision, the Director of
Human Resources will review the decision and may on his or her own action remand a decision
which appears to be inconsistent with law and written policy to the panel for further
consideration. All parties will be notified if a decision is remanded.
(4) The County Administrator shall implement the panel decision to the extent that it is
consistent with the provisions of law and written policy. Either party may petition the circuit
court of the County for an order requiring implementation of the panel decision.
Section 8.6
Determination of Grievability
1. Determining Issues Qualifying for the Management Steps
If the first or second step written management response indicates that a given issue is not grievable,
an employee may appeal to the County Administrator, or his designee, who is empowered to render
a decision on the grievability and on the access of the procedure of issues in the management steps.
Neither the County Attorney nor the Commonwealth's Attorney shall be authorized to decide the
question of grievability. If the County Administrator finds that the issue is grievable, the grievance
may be pursued through the three management steps. However if the County Administrator or his
designee, finds that the issue is not grievable, the employee may appeal to the Circuit Court for a
hearing on the issues as to whether or not the grievance qualifies for a panel hearing. The appeal
procedure shall be in accordance with subsection 2 below.
If the issue qualified by the court, the management step process should be completed before
proceeding to panel (unless the grievance is otherwise resolved).
2. Determining Issues Qualifying for a Panel Hearing
Decisions regarding whether or not a matter qualifies for a panel hearing shall be made by the
County Administrator at the request of the department director or grievant and such decisions shall
be made within ten (10) calendar days of such request. Such requests shall be made in writing.
Such decisions of the County Administrator may be appealed to the Circuit Court for a hearing on
the issues as to whether or not the grievance qualifies for a panel hearing. Proceedings for review
of the decision of the County Administrator shall be instituted by filing a written notice of appeal
with the County Administrator within ten (10) calendar days thereafter, the County Administrator
shall transmit to the Clerk of the Circuit Court to which the appeal is taken a copy of the decision
of the County Administrator, a copy of the notice of appeal, and the exhibits. A list of the evidence
furnished to the Court shall be furnished to the grievant. The failure of the County Administrator
to transmit the record within the time allowed shall not prejudice the rights of the grievant.
The court on motions of the grievant, may issue a writ of certiorari requiring the County
Administrator to transmit the record on or before a certain date. Within thirty (30) calendar days
of receipt by the Clerk of such records, the Court sitting without a jury, shall hear the appeal on
the record transmitted by the County Administrator and such additional evidence as may be
necessary to resolve any controversy as to the correctness of the record, the Court, in its discretion,
may receive such other evidence as the ends of justice require. The Court may affirm the decision
of the County Administrator or may reverse or modify the decision. The decision of the Court
shall be rendered no later than the fifteenth (15th) day from the date of the conclusion of the
hearing. The decision of the Court is final and is not appealable.
Section 8.7
Following the Procedure
After the initial filing of a written grievance, failure of either party to comply with all substantial
procedural requirements of the grievance procedure without just cause will result in a decision in
favor of the other party on any grievable issue, provided the party not in compliance fails to correct
the noncompliance within five (5) work days of the receipt of written notification by the other
party of the compliance violation. Such written notification by the grievant shall be made to the
County Administrator. Failure of either party without just cause to comply with all substantial
procedural requirements at the panel hearing shall result in a decision in favor of the other party.
This procedure is provided as a means for employees to resolve problems and complaints without
the cost often associated with legal counsel. However, if any employee using the procedure would
feel more comfortable in having such support, the employee shall be responsible for related
expenses.
Adopted this 19th day of March, 2015.
Rex W. Alphin, Chairman
Carey Mills Storm, Clerk
Approved as to form:
Mark C. Popovich, County Attorney
ISSUE:
Staff Report – Legislative Update
BACKGROUND:
The 2015 Session of the General Assembly ended on February 28, 2015.
The bills submitted on the County’s behalf that were successful in
passing the House of Delegates and Senate are: SB759 – Transient
Occupancy Tax, SB842 – Schools Budget Adoption patroned by
Senator Lucas and HB1484 – Schools Budget Adoption patroned by
Delegate Tyler.
Staff will provide a brief update relative to adopted legislation impacting
the County in this Session.
RECOMMENDATION:
Per the Board’s discussion.
ATTACHMENTS:
None
Match 19, 2015/dtr
March 19, 2015/CBM/ Motion to Set Special Meeting on 4/1/15
ISSUE:
Motion – Set a Special Meeting on April 1, 2015 at 10:00 a.m. to
Present the Proposed Operating and Capital Budget and Related
Ordinance and Resolutions
BACKGROUND:
In order to facilitate timely adoption of the proposed Fiscal Year
2015-16 Operating and Capital Budgets, staff will present
information for the Board’s discussion at a special meeting on
April 1, 2015.
BUDGETARY IMPACT:
There is no budgetary impact.
RECOMMENDATION:
Adopt a motion to schedule a special meeting for April 1, 2015, at
10:00 a.m. to discuss the proposed Fiscal Year 2015-2016
Operating and Capital Budget.
ATTACHMENT:
None
March 19, 2015/MT/Transfer for Capital Projects
ISSUE:
Resolution – Transfer of Available FY 14 Fund Balance Roll Over
Funds for One-Time Capital Purposes
BACKGROUND:
Staff has identified several County facilities that are in immediate
need of roof replacements including the Nike Park Administration
Building, Nike Park Seniors Building, and the Isle of Wight Museum.
Additionally, the County is under an agreement with the
Virginia Department of Environmental Quality to address sanitary
sewer overflows at Nike Park. The cost of these needed improvements
is $352,000. Staff has identified existing funding from FY 14 fund
balance roll overs to allocate toward these one-time capital needs and
recommends the transfer of available funds as follows:
Nike Park Administration Building Roof Replacement $106,000
Nike Park Senior Building Roof Replacement 60,000
Isle of Wight Museum Roof Replacement 140,000
Nike Park Sewer Overflow Improvements 46,000
$352,000
BUDGETARY IMPACT:
Approval of the resolution will result in an increase of $352,000 in
the Capital Projects Fund through a transfer of available FY 14 fund
balance roll overs for needed capital improvements.
RECOMMENDATION:
Adopt a resolution to transfer available FY 14 fund balance roll over
funds for one-time capital purposes.
ATTACHMENT:
Resolution
March 19, 2015/cbm/Capital Transfer
RESOLUTION TO TRANSFER AVAILABLE FY 14 FUND BALANCE
ROLL OVER FUNDS FOR ONE-TIME CAPITAL PURPOSES
WHEREAS, there are several county buildings and facilities with immediate
capital repair and improvement needs including roof replacements to the Nike Park
Administration Building, Nike Park Seniors Building, and Isle of Wight Museum as
well as improvements to address sewer overflows at Nike Park; and,
WHEREAS, $352,000 in funding is available for transfer from FY 14 fund
balance roll overs to allocate for one-time capital purposes.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Isle of Wight County, Virginia, that the County hereby approves the transfer of
$352,000 in FY 14 fund balance roll over dollars to the Capital Projects Fund budget
as follows:
Nike Park Administration Bldg. Roof Replacement $106,000
Nike Park Seniors Bldg. Roof Replacement 60,000
Isle of Wight Museum Roof Replacement 140,000
Nike Park Sewer Overflow Improvements 46,000
$352,000
BE IT FURTHER RESOLVED that the County Administrator of Isle of
Wight County, Virginia is authorized to execute the transfer of funds and make such
accounting adjustments as necessary to give this resolution effect.
Adopted this 19th day of March 2015.
Rex W. Alphin, Chairman
Carey Mills Storm, Clerk
Approved as to Form:
______________________________
Mark C. Popovich, County Attorney
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 February 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/February 2015
4. Isle of Wight Website Statistics/February 2015
5. Planning Commission 2014 Annual Report
6. Board of Zoning Appeals 2014 Annual Report
7. Wetlands Board 2014 Annual Report
8. Solid Waste Division Litter Pickup
9. HRPDC Growth Trends in Hampton Roads Presentation
10. VOPEX 2015 Report
11. Summary of Board Committee Meetings
. Isle of Wight County/Town of Smithfield Intergovernmental
Relations Committee Meeting of February 25, 2015
. Parks and Recreation Committee Meeting of March 4, 2015
. Public Safety Committee Meeting of March 6, 2015
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4
03.10.15 FEB 14 JAN FEB 15 MARAPRMAYJUNJULAUGSEPOCTNOVDEC 2015 YTD2014 YTD % chng
Calls for Service
Law Enforcement 3,2243,7623,323 7,0856,445 9.93%
Animal Services 919676 172162 6.17%
GRAND TOTAL 3,3153,8583,399 7,2576,607 9.84%
School Checks (num)668455 139119 16.81%
School Checks (time)29:2427:4721:59 49:4647:31 4.75%
False Alarms 19103 1330 -56.67%
Escorts 8185 2320 15.00%
Traffic
Traffic Stops 350314188 502698 -28.08%
Traffic Summons 184162101 263327 -19.57%
Traffic Crashes 846292 154158 -2.53%
Criminal Process
Misdemeanor Charges 242721 4893 -48.39%
Felony Charges 171319 3238 -15.79%
Unknown Class 000 01 -100.00%
GRAND TOTAL 414040 80132 -39.39%
Civil Process
Writ- Levy 522 412 -66.67%
Writ- Repo 1033 618 -66.67%
Evictions 13119 2015 33.33%
All Other Civil 971683642 1,3251,592 -16.77%
GRAND TOTAL 999699656 1,3551,637 -17.23%
Property
Reported Stolen $78,194$27,604$13,534 $41,137$122,086 -66.30%
Stolen Items 465845 10379 30.38%
Reported Recovered $36,502$2,780$6,873 $9,653$63,639 -84.83%
Recovered Items 4814 2214 57.14%
Reported Damaged $4,760$2,480$5,420 $7,900$16,321 -51.60%
Damaged Items 13916 2543 -41.86%
Court
Fines and Fees
Jury Trials 021 30 #DIV/0!
Other
Mileage 80,582 78,895 196,632 275,527 166,988 65.00%
Gun Permits 795657 113152 -25.66%
Fingerprints (non crim.)182127 4825 92.00%
Reports (IBR)735064 114145 -21.38%
Reports (Non-IBR)113102108 210244 -13.93%
Currency values rounded to the dollar.
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 - FEB 2015
STATISTICAL INFO YTD TO LAST MONTH COMPLETED-FEB 03.10.15
MEAN (AVG)MEDIAN HIGHEST LOWEST
Law Enforcement 3,5433,5433,7623,323
Animal Services 86869676
GRAND TOTAL 3,6293,6293,8583,399
School Checks (num)70708455
School Checks (time)1111
False Alarms 77103
Escorts 1212185
Traffic Stops 251251314188
Traffic Summons 132132162101
Traffic Crashes 77779262
Misdemeanor Charges 24242721
Felony Charges 16161913
Unknown Class 0000
GRAND TOTAL 40404040
Writ- Levy 2222
Writ- Repo 3333
Evictions 1010119
All Other Civil 663663683642
GRAND TOTAL 678678699656
Reported Stolen 20,56920,56927,60413,534
Stolen Items 52525845
Reported Recovered 4,8264,8266,8732,780 monetary 23%
Recovered Items 1111148 items 21%
Reported Damaged 3,9503,9505,4202,480
Damaged Items 1313169
Mileage 137,764137,764196,63278,895
Gun Permits 57575756
Fingerprints (non crim.)24242721
Reports (IBR)57576450
Reports (Non-IBR)105105108102
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 2 13 1 0 17 0 -100.0%
April 0 0 0 2 5 19 2 0 28 0 -100.0%
May 0 1 0 2 6 18 0 1 28 0 -100.0%
June 0 0 0 1 5 23 2 1 32 0 -100.0%
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 0 1 1 0 3 5 8 11 29 59 38 7 4 0 36 83 47.6571 65.7%
GRD TOTAL 0 0 2 1 2 0 21 2 54 5 184 35 11 4 2 0 276 47
2014 20142014
6 7783
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 03.10.15 FOR 2015 DATA )
ISLE OF WIGHT COUNTY SHERIFF'S OFFICE
03.10.15
Homicide 09A
CRIMES AGAINST PERSONS 2015 YTD
Larceny 23 MV Theft 240
107119
Arson 200 TOTALS
Isle of Wight County Sheriff's Office
12
Select Group A Offenses 2015 (w/ 2014 comparison)
Rape 11A Robbery 120 Ag Assault 13A Burglary 220
CRIMES AGAINST PROPERTY 2015 YTDTOTAL 2015 YTD
43.4%39.0%100.0%
SCHOOLCOUNTTIME% COUNT% TIME
CARROLLTON ELEMENTARY SCHOOL93:4016.4%16.7%
CARRSVILLE ELEMENTARY SCHOOL112:3920.0%12.1%
GEORGIE D TYLER MIDDLE SCHOOL42:327.3%11.5%
HARDY ELEMENTARY SCHOOL82:5914.5%13.6%
ISLE OF WIGHT ACADEMY40:307.3%2.3%
SMITHFIELD HIGH SCHOOL53:289.1%15.8%
SMITHFIELD MIDDLE SCHOOL33:185.5%15.1%
WESTSIDE ELEMENTARY SCHOOL20:353.6%2.7%
WINDSOR ELEMENTARY SCHOOL92:1316.4%10.1%
Grand Total5521:59100.0%100.0%
Note: These times only reflect actions of -NON- SRO Personnel
03.10.15
FEB 2015
Isle of Wight County Sheriff's Office • Monthly School Check Report
RANKNATURE COUNT% TOTALRANKNATURE COUNT% TOTAL
1 PATROL CHECK 1086 31.95%51POSSIBLE DOA OR FULL ARREST4 0.12%
2 BUILDING CHECK 416 12.24%52CIVIL MATTER4 0.12%
3 CIVIL PAPER 352 10.36%53OTHER OR UNKNOWN PROBLEM4 0.12%
4 BUSINESS CHECK 196 5.77%54OPEN DOOR OR WINDOW4 0.12%
5 TRAFFIC STOP 188 5.53%55TRESPASS 3 0.09%
6 PAPER SERVICE 107 3.15%56DRIVING UNDER THE INFLUENCE3 0.09%
7 CITIZEN ASSIST 98 2.88%57OVERDOSE 3 0.09%
8 DISABLED VEHICLE 93 2.74%58TRAFFIC CONTROL3 0.09%
9 ANIMAL COMPLAINT 77 2.27%59BRUSH FIRE 3 0.09%
10 ACCIDENT NO INJURIES 65 1.91%60EMERGENCY CUSTODY ORDER3 0.09%
11PRISONER TRANSPORT62 1.82%61CAR FIRE 3 0.09%
12ALARM - BURGLARY57 1.68%62BURGLARY - RESIDENTIAL3 0.09%
13SCHOOL CHECK55 1.62%63REPOSSESSION3 0.09%
14SUSPICIOUS PERS./VEH./ACTIVITY52 1.53%64DOMESTIC ASSAULT - IN PROGRESS3 0.09%
15ASSIST OTHER JURISDICTION44 1.29%65HARRASSMENT3 0.09%
16POLICE INVESTIGATIONS40 1.18%66FIRE ALARM 2 0.06%
17TRAFFIC HAZARD25 0.74%67FOUND PROPERTY2 0.06%
18FINGERPRINTS19 0.56%68ASSAULT NO WEAPONS2 0.06%
19DIRECT PATROL19 0.56%69ABANDONED VEHICLE2 0.06%
20ACCIDENT UNKNOWN INJURIES19 0.56%70PARKING VIOLATION2 0.06%
21DESTRUCTION OF PROPERTY17 0.50%71BITE 2 0.06%
22FRAUD 16 0.47%72STROKE 2 0.06%
23RECKLESS DRIVING15 0.44%73SEX OFFENSES RAPE ASSAULT2 0.06%
24DOMESTIC - VERBAL ONLY14 0.41%74SICK / ILL OR RESCUE2 0.06%
25LARCENY PETIT AND GRAND13 0.38%75FIELD INTERVIEW1 0.03%
26HOUSE CHECK12 0.35%76STOLEN VEHICLE1 0.03%
27COMMUNITY RELATIONS12 0.35%77POLICE PURSUIT VEH OR FOOT1 0.03%
28WELFARE CHECK10 0.29%78STRUCTURE FIRE1 0.03%
29BE ON THE LOOKOUT10 0.29%79SUICIDE 1 0.03%
30OFFICER INFORMATION10 0.29%80MISSING PERSON ADULT-JUVENILE1 0.03%
31ACCIDENT WITH INJURIES8 0.24%81EMERGENCY PROTECTIVE ORDER1 0.03%
32ALARM - UNK TYPE8 0.24%82THREATS 1 0.03%
33BUSINESS ASSIST8 0.24%83INDECENT EXPOSURE1 0.03%
34ARCING WIRES DOWN POWER LINES7 0.21%84BURN INJURIES1 0.03%
35PROJECT LIFESAVER7 0.21%85DISPUTE (NON-FAMILY)1 0.03%
36911 HANG UP7 0.21%86TRANSPORT - CITIZEN/OTHER1 0.03%
37FALLS AND RELATED INJURIES7 0.21%87FIGHT IN PROGRESS1 0.03%
38TEMPORARY DETENTION ORDER6 0.18%88RUNAWAY 1 0.03%
39EVICTION 6 0.18%0.00%
40DRUG OFFENSES6 0.18%0.00%
41DISTURBANCE-LOUD NOISE6 0.18%0.00%
42DOMESTIC ASSAULT - OCCURRED6 0.18%0.00%
43DISORDERLY INDIVIDUAL5 0.15%0.00%
44UNCONSCIOUS OR FAINTING5 0.15%0.00%
45FOOT/BIKE PATROL5 0.15%0.00%
46POLICE ESCORT5 0.15%0.00%
47JUVENILE PROBLEMS5 0.15%0.00%
48SHOTS FIRED/PROMISCUS SHOOTING4 0.12%TOTAL 3,399 100%
49SEIZURE 4 0.12%TOP TEN 2,678 78.79%
50 PSYCHIATRIC PROBLEMS 4 0.12%03.10.15
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 1662 43.08%1 PATROL CHECK 2,748 37.87%
2 CIVIL PAPER 436 11.30%2 CIVIL PAPER 788 10.86%
3 TRAFFIC STOP 314 8.14%3 TRAFFIC STOP 502 6.92%
4 BUSINESS CHECK 193 5.00%4 BUILDING CHECK 463 6.38%
5 CITIZEN ASSIST 139 3.60%5 BUSINESS CHECK 389 5.36%
6 ANIMAL COMPLAINT 95 2.46%6 CITIZEN ASSIST 237 3.27%
7 SCHOOL CHECK 84 2.18%7 PAPER SERVICE 186 2.56%
8 PAPER SERVICE 79 2.05%8 ANIMAL COMPLAINT 172 2.37%
9 PRISONER TRANSPORT 63 1.63%9 DISABLED VEHICLE 148 2.04%
10 SUSPICIOUS PERS./VEH./ACTIVITY 57 1.48%10 SCHOOL CHECK 139 1.92%
T **TOTAL** CALLS (not just top 10)3,858 80.92%T **TOTAL** CALLS YTD (not just top 10)7,256 79.55%
CALLS FOR SERVICE • FEB 2015
MEMORANDUM
TO: Frank Haltom, Director of General Service
FROM: Ralph Anderson, Solid Waste Division Manager
SUBJECT: Solid Waste Division Litter Pickup
DATE: March 6, 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 months of September thru December due to
the focus on the serving recycling programs, illegal dumping investigation and the
limitation on the available number of Work Release inmates from the Western
Tidewater Regional Jail.
The following is a list of roads where litter was picked up during the months of
January thru March 2015:
Carroll bridge Rd: Scott`s Factory Rd to Woodland Dr
Waterworks Rd: Courthouse Hwy to Mt Holly Creek Ln
Nike Park Rd: Battery Park Rd to Reynolds Dr
Titus Creek Rd: Nike Park Rd to Smith`s Neck Rd
The following is a list where litter is scheduled to be picked up during the months
of March thru May 2015:
Old Stage Hwy: Rte 10 to Berry Hill Rd
Holly Run Dr: Courthouse Hwy. to Carrsville Hwy.
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
Ft. Huger Dr: Rte. 10 to Tylers Beach
Turner Dr: Benns Church Blvd. to Scotts Factory Rd.
Sunset Dr: Courthouse Hwy. to Buckhorn Dr.
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28
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75
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4
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.
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30
TO: ANNE SEWARD, COUNTY ADMINISTRATOR
FROM: ANDREA S. CLONTZ
EMERGENCY MANAGEMENT COORDINATOR
CC: JEFF TERWILLIGER, CHIEF OF EMERGENCY SERVICES
DATE: MARCH 5, 2015
RE: VOPEX 2015 REPORT
Isle of Wight County recently participated in the biennial, required, Federal Emergency
Management Agency (FEMA) evaluated Virginia Operational Plan Exercise 2015 (VOPEX
2015) - Surry Power Station Evacuation Assembly Center and Hostile Action Based Full Scale
Exercise. The purpose of this exercise is to evaluate participants actions against current response
plans and capabilities related to a nuclear power plant incident to demonstrate reasonable
assurance that the public can be protected during a nuclear power plant emergency.
During VOPEX 2015, Isle of Wight participated in interviews and demonstrations related to our
ability establish and operate an Evacuation Assembly Center for the shelter and decontamination
of individuals in January and culminated the exercise with the a demonstrated full-scale response
to a simulated hostile action based scenario on February 10th. Over the course of the exercise,
263 criteria area were evaluated across 6 primary evaluation areas: Emergency Operations
Management, Proactive Decision Making, Protective Action Implementation, Field Measurement
and Analysis, Emergency Notification and Public Information, and Support Operations/Facilities.
There were more than 80 participants involved with Isle of Wight’s VOPEX 2015 and included
representatives from:
IOW Department of Emergency Services IOW County Administration
IOW Sheriff’s Department IOW Information Technology Department
IOW Department of Social Services IOW Emergency Communication
IOW Public Schools Administration Portsmouth Fire Regional HazMat Team
Virginia Tech Extension Office Western Tidewater Health Department
VDEM Hazardous Materials Department Western Tidewater RACES (amateur radio)
Isle of Wight received several commendations for performance during the exercise including:
The Emergency Management Coordinator demonstrated exceptional situational awareness and command and control.
The County’s use of GIS is above par for a local Emergency Management Agency. At the EAC demonstration, the comprehensive Radiological Officer’s Briefing,
demonstrated processing of contaminated emergency workers and vehicles without delay.
The Evacuation Assembly Center demonstration was well organized, prepared, and
equipped.
The Western Tidewater RACES demonstrated exceptional competency in providing back up communications through a wide area repeater system.
The electronic registration system used at the EAC demonstration and us of an expedient
“Quick Processing Method” to register evacuees is a model for other EACs.
Emergency Workers were dedicated and professional and very knowledgeable of plans and
procedures.
One area requiring corrective action was noted during the emergency route alerting
demonstration: a Deputy recorded exposure rates instead of integrated doses on his Emergency
Worker Radiation Exposure Record (REC-1 Form).
If you have any questions or would like additional information, please feel free to give me a call
at (757)365-6203 or send me an email at aclontz@isleofwightus.net.
1
SUMMARY OF DISCUSSION OF THE
ISLE OF WIGHT COUNTY/TOWN OF SMITHFIELD
INTERGOVERNMENTAL RELATIONS COMMITTEE MEETING
HELD ON FEBRUARY 25, 2015 2:00 PM AT THE SMITHFIELD CENTER
1. Call to Order: The SIRC meeting was called to order by Supervisor Casteen at 2:00 p.m.
2. Review and Approval of Meeting Summation of May 28, 2014: Supervisor Casteen moved that
the May 28, 2014 minutes of the SIRC meeting be adopted, which passed unanimously.
3. Shared Services Agreements
A. Tourism – Joint Tourism Committee Meeting Schedule/Discussion request from the Town
to address meeting frequency (last meeting of June 19, 2013) per adopted agreement:
County Administrator Seward is to ensure meeting takes place every six months, as
stipulated in the Shared Services Agreement between the Town of Smithfield and the
County.
B. E-911 Services - Radio System Replacement Project/Discussion request from the County
to address cost sharing agreement for the necessary upgrade to the E-911 Radio System:
Supervisor Jefferson advised that the Board, at its December 18, 2014 meeting, had
adopted a motion authorizing the Sheriff to move forward with acquiring an FCC license
and that he return to the Board with the cost and a plan for moving forward with this effort,
and that the Board is waiting to hear back from the Sheriff on his progress.
Supervisor Casteen commented that the project cannot move forward until additional radio
frequencies have been secured. He advised that the Sheriff is anticipating the cost to be
$11 million; however, that cost could be several million less.
County Administrator Seward commented that the Sheriff, at the most recent meeting of
the Emergency Communications Board, had indicated that he would be willing to update
the Town Council upon being placed on its agenda.
Regarding the E-911 Cost Sharing Agreement and the County’s expectation that this
project cost would be a shared capital expense between the County and the Town,
Councilman Gregory offered to discuss this with the Council.
C. Water Services - Joint discussion request of agreement renewal (August 19, 2015) and
exchange of water between the Town/County: Supervisor Casteen advised that it has been
five (5) years since the last Water Services Agreement was signed. He stated that his
research has revealed that he had worked with Ellen to determine the initial blended rate
which was used and a payment schedule. He stated what did not get resolved in the current
contract was that the County intended to be trading water/giving the Town the water used
in Gatling Pointe and that he had asked Councilman Gregory about that in 2012 and he had
reminded him that the Town was pursuing the permits and wanted the County to wait a
little while. He advised that the County is still interested in pursuing that exchange.
Councilman Gregory advised that the Town of Smithfield had been successful in securing
an updated permit; however, it had taken eight years to obtain it. He stated that he would
like to clarify one thing because of comments he had heard that the County did not feel like
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the Town of Smithfield was holding up its end of the deal. He stated his recollection was
that before the Agreement was signed in 2010, the County did actually request that the
Town provide a date certain when the Town would begin taking water from the County.
He stated the Town had been very specific and had sent a hand delivered memo to Doug
Caskey which had come back with the Agreement that said that the Town was not in a
position to permanently trade water with the County. He stated that was never the design
of the Agreement. He stated the memo had stated that the Town Attorney had informed
the Smithfield Town Council that the Board of Supervisors had requested that the Town
amend the Agreement to include a date certain by which the Town would be willing to
purchase water from the County on a permanent basis and that the Town Council was not
able to agree to this request for several reasons. He stated that he did not want there to be
the impression that the Town had misled the County that the Town was permanently going
to trade water when that had not been the case.
Supervisor Casteen stated that had been the expectation on the County’s end and that the
County had gone to great efforts to address all of that before responding. He stated his
recollection was that the Town had not particularly wanted a date certain, but that one of
the Board of Supervisors’ members had wanted a date certain. He stated that apparently
he had falsely represented to him that the Town would be happy to trade with the County
when they did not want to give a specific date. He stated if he had misunderstood his
intentions, he apologizes, but that he had managed to convince the rest of the Board to
grant the Town that favor.
Councilman Gregory stated moving forward, the Town clearly has some permits that expire
over the next couple of months as the Water Agreement expires in August and the Sewer
Agreement expires in March. He stated returning to the issue of the Water Agreement, it
is his understanding that the County is set on running a water line to Gatling Pointe, thus
taking away the need for the Town to provide any water to Gatling Pointe.
Supervisor Casteen stated that the Annexation Agreement is clear that the County is to
provide water if it had it and that the County has been working to do that all along.
Councilman Gregory stated it clearly creates an issue for Town residents because it creates
a $250,000 a year hole and any future agreement that the Town enters into regarding water
is going to have to address some sort of phasing. He stated the Annexation Agreement
calls for the County to provide utilities to Gatling Pointe and that he does not know if the
Town is going to be interested in providing sewer, if it is not providing water. He stated
that does not make sense based on what Supervisor Casteen is saying.
Supervisor Casteen reiterated that it has been planning all along, but now the Town is in a
different posture. He stated the two bodies are going to have to move forward and come
up with some kind of conclusion.
Councilman Gregory stated that the Town’s request will most likely be that any agreement
the Town enters into with Gatling Pointe will be fairly short term in nature.
County Administrator Seward asked if the Town is interested in a shorter term.
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Councilman Gregory advised possibly for a two-year term. He stated it appears we are
getting closer to a situation where we are trying to avoid as many of these joint utility
agreements as possible because many times it causes more trouble than it is worth.
Supervisor Casteen noted that from the sewer perspective, we will just have to see what
makes the most sense. He stated that the cost to Town residents had been brought up and
he reminded those present that those same Town residents are County residents.
Councilman Gregory commented that he agreed, but if he sees that the County might spend
as much as $2 million to put in a water line to take water to somewhere that already has
water,, he did not think you would take $250,000 from those same residents. He stated that
economically, that did not make sense to the Town, while he agrees it makes sense for the
County. He stated that Supervisor Casteen must look out for the County and the County
has to look out for the Town and sometimes that doesn’t match up.
County Administrator Seward commented that there are two separate agreements which
were agreed to in 2010 which were not tied together. She asked if the Town wants to tie
them together.
Councilman Gregory advised that the agreements do not need to be tied together; however,
they probably should run concurrently.
Mayor Williams requested County Administrator Seward to keep the Committee apprised
as progress occurs.
Councilman Gregory requested County Administrator Seward to draft an agreement based
on today’s discussion.
D. Sanitary Sewer Services - Joint discussion request of agreement renewal (March 24,
2015): (This item was discussed above.)
4. Growth Management/Development Items
A. Cash Proffer Consideration, Collection, Distribution, and Breakdown -Discussion
request from the County for Town consideration of following the County’s most recent
cash proffer study and policy, collection procedures by the Town, distribution procedures
to the County, and breakdown of proffer components by locality: Beverly H. Walkup,
Director of Planning and Zoning, stated there was a provision in the Annexation Agreement
in which the County was to receive the proffers from those developments in the annexation
area and that the Town would continue to negotiate proffers for any new development per
the cash proffer study that was current at the time with the education proffer going to the
County.
Town Manager Stephenson said with regards to the annexation area, he does not
necessarily think that part expired. He said that he thinks whatever the most recent study
says would apply to the annexation area.
County Administrator Seward requested that the Town share its cash proffer reports to the
State with the County so that staff can keep abreast with what is going on. She asked Mr.
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Stephenson if the Town would be amenable to cash proffer collection for fire and rescue.
She stated that since the County is paying for those facilities, it would be helpful if the
County could have an agreement where the Town would pass that along to the County so
it could use it to be sure facilities are adequate.
County Administrator Seward and Town Manager Stephenson agreed to develop
appropriate language for an updated agreement.
B. County/Town Courtesy Project Reviews – Discussion request from the County for joint
courtesy reviews of projects within one mile of the Town/County border as done previously
through the Annexation Agreement: Ms. Walkup offered to develop some appropriate
language through the County Administrator and the Town Manager so that each
jurisdiction is aware of what is happening at its borders.
Mayor Williams stated he certainly would agree to any annexed area to be taken into
consideration.
County Administrator Seward clarified that the County and Town would work together on
that agreement and Mayor Williams agreed.
C. Pinewood Heights Relocation Project Status Update – Discussion request from the
County concerning the Memorandum of Understanding outlining the County’s financial
contribution to assist in the acquisition of rental units and vacant lots with the County
having the option to take ownership of any lots purchased with County funds, to recoup
some portion of the County’s investment, and to allow for future industrial marketing
activities: Ms. Walkup advised that at least phase I has been completed, but the County
has not received any update in terms of the contribution.
Town Manager Stephenson stated that the Town acknowledges the agreement and the
County would have ownership interest in five lots and that the County wanted lots next to
the Moody property.
Ms. Walkup stated that County Economic Development Staff could assist the Town with
marketing that property.
Town Manager Stephenson stated he would have to sit down with staff and explain his
methodology.
County Administrator Seward recommended that staff could set a meeting and work
together and Town Manager Stephenson concurred.
D. County’s Expansion of Newport DSD Proposal & Town Potential Growth Areas –
Discussion request from the Town regarding overlapping plans and service areas:
Councilman Gregory stated there are two concerns: The draft Voluntary Annexation
Agreement was not honored with no prior notice given to the Town and the ISLE 2040
Plan, involving property bordering the Town, was not shared for review by the Town.
Ms. Walkup stated those are two separate issues, the first of which is the agreement
regarding the two properties, and secondly, the ISLE 2040 Plan. She advised that typically
the Town nor County is involved in the other’s planning process, but once a draft is
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available for review, it is normally sent to the other jurisdiction. She stated that she does
not know if it would have happened any differently if the County was updating its entire
Comprehensive Plan.
County Administrator Seward stated that she takes every opportunity to correct people who
say the plan is driven by water, because it is not. She stated staff works together to see
what can be done differently in order to meet a market which has changed drastically with
the economy, we have unfortunately stalled growth. She stated this is only a plan. She
stated that she had not been aware when she came onboard that the County was issuing
debt for operational costs and numbers had not been run to see what the County’s portfolio
looked like and why the County’s revenues have been challenged. She stated the County
and the Town both serve the same people, but if one of us is not healthy, the other one is
going to feel it and even with making changes and modifying plans, the County does not
have a good short-term financial future ahead of it with the long term being dictated by
what plan is put in place today. She stated we cannot continue on the same path and expect
different results and the County is not healthy at this time and will not be for a long time.
Councilman Gregory stated that the Town Council wants to work together with the County,
but they need to begin to rebuild trust with the County again. He stated the Town is tasked
with what the Town will look like in the future and it worries about people wanting to come
here.
County Administrator Seward stated the County has a three-year plan before payroll will
even be covered in the County. She stated the County remains on a path where it is looking
for a growth engine and the County is not in a good financial position at this time.
E. County Water Service Extension to Gatling Pointe – Discussion request from the Town
to as it relates to impact on above water and sanitary sewer agreements:
5. Other Discussion Items Requested
A. Smithfield Potential Ball Field Project – Discussion request from the Town to determine
whether County funding and partnership remains in place moving forward: Supervisor
Casteen advised the funds are not in the County’s capital budget.
Councilman Gregory stated this request represents a situation where a donor is willing to
donate $1 million and all the County has to contribute is $25,000 annually for eight years
to get a facility that will bring in out-of-town people. He stated the Town is not asking for
a firm commitment yet, but just wants to identify another location and be able to advise the
donor that the County is willing to contribute. He stated this project is about kids, but it
will also create an economic impact.
Mayor Williams stated that the Town has someone willing to maintain the ball field,
keeping it clean and setting up the tournaments.
Mark Furlo, Director of Parks and Recreation, commented that some areas of the County
do not have recreational areas, but that there is a ball field in Smithfield, tennis courts, trails
and a memorial tree garden. He stated the County has $70 million in projects and to fund
the ball field which is not in any of the adopted plans first would be hard to justify.
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Councilman Gregory stated when a $1 million donation is received, you need to find a way
to utilize that donation to your advantage and you should amend and adapt your Master
Plan to make room for it.
Mr. Furlo offered to work with Town staff to locate Federal funds to be used in place of
the County’s donation.
County Administrator Seward stated that the County has 314 square miles and 36,000
people to keep in mind and a bigger portfolio, and the reality is that the County has a 12%
hole in its budget. She stated the lens that the County is looking through is about getting a
sustainable community because all those programs must be provided for by the County.
B. Boat Taxation by Town and County – Discussion request from the Town to follow up
on citizen request for consideration of a tax rate reduction on boats located in the Town
and County: Mayor Williams stated the little bit of funds received from the collection of
this tax really has not been worth it from the Town’s standpoint and, if the County wishes
to consider a tax rate reduction, the Town will too.
Supervisor Casteen commented that the County is at such a handicap right now and to
consider granting anyone a tax relief would not be recommended. He stated this request
may be considered by the County somewhere down the road, but not at this time.
C. County Park to Park Trail Enhancement Grant Project & Town Urban Funds -
Discussion request from the Town to determine what project agreements and actions are
needed from and between the Town/County/VDOT: Following a presentation by Jamie
Oliver, Town Manager Stephenson offered to follow up with her and Mr. Furlo.
D. West Main Street Sidewalk Extensions & Route 10 Intersection Work - Discussion
request from the Town to determine what project agreements and actions are needed from
and between the Town/County/VDOT: Jamie Oliver provided an update, concluding that
the Town should work through VDOT to make changes to its agreement before further
involving the County.
6. Old Business
Property Sale to Town of Former IOW Rescue Squad Facility – 1802-A South Church St.
Joint discussion request to address Town’s desired acquisition of County half interest in the
building consistent with agreement and recent appraisals: Town Attorney Riddick commented
that the resulting average appraisal of $510,000 would result in a sale price to the Town of
$255,000. A public hearing by the County will be held at the Board’s March or April meeting.
Town Manager Stephenson advised that the Town is planning to use that building as a police
evidence facility.
7. Adjournment: Supervisor Casteen adjourned the meeting at 3:55 p.m.
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SUMMARY OF DISCUSSION OF THE PARKS AND RECREATION
COMMITTEE OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FOURTH DAY OF MARCH IN THE YEAR
TWO THOUSAND AND FIFTHTEEN
PRESENT: Rex W. Alphin
ABSENT: Rudolph Jefferson
Also Attending: Mark Furlo, Director of Parks and Recreation
Judy Winslow, Director of Tourism
The Public Safety Committee of the Board of Supervisors was called to order
at 10:00 a.m. at the Blackwater River Property, on Rattlesnake Trail, Isle of
Wight, Virginia.
//
A tour of the Blackwater River Property was taken. There was discussion on
possible future amenities and the timbering of the property and how that would
work together with Recreational activities.
//
The Parks and Recreation Committee of the Board of Supervisors was
adjourned at 11:30 a.m.
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SUMMARY OF DISCUSSION OF THE PUBLIC SAFETY COMMITTEE
OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD
THE SIXTH DAY OF MARCH IN THE YEAR TWO THOUSAND AND
FIFTHTEEN
PRESENT: Rex W. Alphin
Rudolph Jefferson
Also Attending: Anne F. Seward, County Administrator
Jeffrey Terwilliger, Chief of Emergency Services
Andrea S. Clontz, Emergency Management
Coordinator
Mary Beth Johnson, Director of Human Resources
Donald T. Robertson, Director of Information
Resources and Legislative Affairs
The Public Safety Committee of the Board of Supervisors was called to order
at 10:00 a.m. in the County Administrator’s Conference Room in the New
Administration Building located at 17090 Monument Circle, Suite 138, Isle
of Wight, Virginia.
//
An overview of the following was provided by Jeffrey Terwilliger, the
County’s Chief of Emergency Services: New schedule implementation; data
driven service delivery; resolution of the Medical Director’s concerns
regarding Advanced Life Support coverage; capital funding strategy; and, a
Virginia Fire Service Board assessment.
//
The Public Safety Committee of the Board of Supervisors was adjourned at
10:45 a.m.