The unincorporated areas of Isle of Wight County, Virginia, are hereby divided into zoning districts of such number and character as are necessary to achieve compatibility of uses within each district. Zoning districts serve to implement the goals and objectives of the Isle of Wight County Comprehensive Plan including related official plans and the other purposes of this ordinance, which are detailed in article I. (11-17-16; 7-19-18; 11-15-18.)

Isle of Wight County shall be divided into base zoning districts; special overlay districts, and planned development classifications. The districts shall be established to regulate the location of trades, industries, and buildings erected or altered for specific uses; to regulate the height and bulk of buildings hereafter erected or structurally altered; to regulate population density and the intensity of the use of lot areas; and, to regulate the areas of yards, courts, and other open spaces within and surrounding such buildings.

For the purpose of this ordinance, all land and water areas in the county are hereby divided into zoning districts, which shall be designated as follows:

RURAL DISTRICTS

RESIDENTIAL DISTRICTS

COMMERCIAL DISTRICTS

INDUSTRIAL DISTRICTS

PLANNED DEVELOPMENT ZONING DISTRICTS

SPECIAL OVERLAY DISTRICTS

(11-17-16; 7-19-18; 11-15-18.)

The location and boundaries of this ordinance are as indicated on a map entitled "Official Zoning Map of Isle of Wight County, Virginia", a copy of which shall be on file in the office of the zoning administrator. The official zoning map, with all explanatory materials thereon, is a part of this ordinance and the same shall be deemed as much part of this ordinance as if the same were fully set forth herein. (11-17-16; 7-19-18; 11-15-18.)

A.

A district is represented by name in this ordinance and by letter or letter number combination or name-and-number combinations on the official zoning map. Where an area on the map is designated as a certain district, the zoning regulations pertaining to that district shall prevail.

B.

Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the official zoning map, the following rules shall apply:

1.

Boundaries shown as following or approximately following the limits of any municipal corporation shall be construed as following such limits.

2.

Boundaries shown as following or approximately following streets shall be construed to follow the centerlines of such streets.

3.

Where a boundary line is shown adjoining or coincident with a railroad, it shall be deemed to be in the center of the railroad right-of-way. Distances shown as a measure from a railroad track shall be measured from the center of the designated track.

4.

Boundaries shown as following or approximately following the centerlines of streams, rivers, or other continuously flowing watercourses shall be construed as following the channel centerline of such watercourse taken at mean low water, and in the event of natural change in the location of such streams, rivers, or other watercourses, the zone boundary shall be construed as moving with the channel centerline.

5.

Boundaries shown as separated from, and parallel or approximately parallel to, any of the features listed in subsections 1. through 4. of this [sub]section B., shall be construed to be parallel to such features and at such distances there from as are shown on the map.

6.

Any abandoned public street shall have the adjoining zoning extended to the centerline of the road.

7.

If the actual location of any street, alley, or stream varies slightly from the location as shown on the zoning map, then the actual locations shall control.

8.

In unsubdivided property, unless otherwise indicated, the district boundary line on the map shall be determined by the use of the scale contained on such map. (11-17-16; 7-19-18; 11-15-18.)

A.

Amendments to the official zoning map are accomplished using the same procedures that apply to other amendments to this ordinance, as set forth in article I, general provisions.

B.

The zoning administrator shall update the official zoning map as soon as possible after amendments to it are adopted by the board of supervisors. Upon entering any such amendment on the map, the administrator shall change the date of the map to indicate the latest revision.

C.

No unauthorized person may alter or modify the official zoning map.

D.

The zoning administrator shall keep copies of superseded prints of the zoning map for historical reference. (11-17-16; 7-19-18; 11-15-18.)

(11-17-16; 7-19-18; 11-15-18; 1-21-21; 7-15-21; 12-14-23(2).)

This district is intended to preserve and protect areas of Isle of Wight County that are presently, predominantly in agricultural use and maintain the land base necessary to support agricultural activity. This district is designed to protect the agricultural industry from sprawling residential development that displaces substantial areas of agricultural land for a small number of dwelling units. Nonfarm residents should recognize that they are located in a rural agricultural environment where the right to farm has been established as county policy. (11-17-16; 7-19-18; 11-15-18.)

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

Agricultural crop service towers and antennas

Agricultural farm product processing, warehousing and distribution service

Agricultural service/agent

Agriculture

Agritourism (See Part 2A, Agritourism)

Aquaculture (See Part A, Agritourism)

Aquaculture, waterfront business

* Commercial feedlot

Fair, agricultural

* Family Burial Plot

Farmer's market

* Forestry operation, silvicultural and/or timbering

* Greenhouse, commercial and/or nursery

Greenhouse, private

* Livestock auction market

* Sawmill, private

* Stable, commercial

• In conjunction with residence

• Not in conjunction with a residence

* Stable, private

Viticulture

* Wayside stand

B.

Residential uses:

* Accessory apartment

• Residential accessory apartment

* Boathouse

Dwelling, single-family

Dwelling, single-family, farm

* Family day care home

Group home

* Guest house

* Home occupation, Type I

* Home occupation, Type II

* Kennel, private

* Manufactured home, Class A

* Manufactured home, Class B

* Manufactured home, family member residence

* Manufactured home, temporary residence

* Temporary emergency housing

C.

Civic uses:

Administrative service

Modular classroom

• Park and ride facility

Post office

Public park and recreational area

Public safety service

* Utility service/minor

D.

Commercial uses:

* Commercial equipment repair, accessory to dwelling

* Construction office, temporary

Lawn and garden services

Real estate office, temporary

* Short-term rental

* Taxidermy

Veterinary hospital/clinic

E.

Miscellaneous uses:

* Amateur radio tower

Hunt club

* Reconstructed wetland

* Turkey shoot

(11-17-16; 7-19-18; 11-15-18; 12-14-23(2).)

The following uses are allowed only by conditional use permit pursuant to section 1-1017, conditional uses. An asterisk (*) indicating additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

Agricultural farm equipment sales and service

Agricultural feed seed and farm supply service

Aquaculture waterfront business

* Farm employee housing

* Reptile breeding

B.

Residential uses:

* Dwelling, multifamily conversion

* Dwelling, two-family duplex

C.

Civic uses:

* Adult care center

Assisted living facility

* Cemetery

• Animal

• Church

• Private

• Public

* Child care institution

* Child care center

Club

* Community center

Correctional facility

Crisis center

Cultural service

Educational facility, college/university

* Educational facility, primary/secondary

Halfway house

Life care facility

*Nursing home

Public sports/event facility

* Public maintenance and service facility

* Religious assembly

* Transit station

* Utility service/major

D.

Commercial uses:

Auction establishment

* Bed and breakfast

Boarding house

Business or trade school

* Campground

* Campground, workforce

* Commercial indoor sports and recreation

* Commercial outdoor entertainment/sports and recreation

* Commercial outdoor swimming pool and tennis facility

* Contractor office and storage facility

Convenience store

* Crematorium

Equipment sales and rental

Event center

Flea market

Funeral home

* Garden center

Gasoline station

General store, country

* Golf course

* Golf driving range

* Kennel, commercial

* Marina

Studio, fine arts

Wholesale sales

E.

Industrial uses:

* Abattoir or livestock processing

* Construction yard

Custom manufacturing

Industry, Type I

* Landfill, industrial

* Landfill, rubble

* Landfill, sanitary

* Recycling center

Refuse and recycling center

* Resource extraction

* Scrap and salvage service

Transfer station

Warehousing and distribution

F.

Miscellaneous uses:

* Aviation facility, commercial

* Aviation facility, general

* Aviation facility, private

* Communication tower

Composting system, confined vegetative waste or yard

* Shooting range, outdoor

(11-17-16; 7-19-18; 11-15-18; 1-21-19.)

All proposed residential subdivisions on properties zoned RAC, other than those expressly exempted in the Isle of Wight County Subdivision Ordinance, shall require rezoning to one (1) of the following zoning classifications prior to final approval of the subdivision plat by the subdivision agent: Rural residential (RR), suburban estate (SE), suburban residential (SR), urban residential (UR), village center (VC), planned development residential (PD-R), planned development manufactured home (PD-MH), planned development mixed-use (PD-MX).

A.

A single tract of land may be permitted one (1) "by-right" division of land around an existing residence without rezoning, in accordance with the rural residential zoning district standards and shall count toward the total number of divisions permitted per the Sliding Scale Development option in section 4-3004.A. Existing residence shall mean any residence in existence as of the date of adoption of the zoning ordinance August 30, 2005.

B.

Clustering/sliding scale "by-right" provisions for single-family residential development in the rural agricultural conservation district as designated in the Isle of Wight County Comprehensive Plan:

1.

Under the sliding scale development provision, a tract of land containing one hundred (100) contiguous acres or greater zoned rural agricultural conservation will be allowed four (4) divisions. One (1) additional lot or dwelling unit will be permitted for every additional forty (40) acres encompassed by the overall tract. For example, a one hundred forty-acre tract will yield five (5) lots. Minimum permissible lot sizes shall be encouraged so as not to allow subdivision development which is land consumptive; however, each lot must meet the minimum lot requirements for the rural agricultural conservation (RAC) district.

2.

In addition to the base density permitted above, the minimum area, width and frontage of the underlying zoning district, and the following standards shall be met:

•

All residential lots created through the act of subdivision shall be contiguously grouped and served by one (1) point of access to county roads and shall comply with section 4-4-1 (streets) of the Isle of Wight County Subdivision Ordinance.

•

Residential structures in the subdivision shall be located at least one hundred (100) feet from the existing county road right-of-way and screened from the right-of-way by an existing or planted landscaped buffer.

•

All residential structures should be set back at least one hundred (100) feet from all active farm operations.

•

A central water supply system shall be provided to serve the subdivisions with over fourteen (14) lots.

•

The maximum lot size for any new lot created shall be ten (10) acres, unless otherwise approved by the board of supervisors or required by the county health department.

•

Lots shall be located to preserve seventy percent (70%) of the original tract size in order to maximize continued use of the residual parcel for agricultural and silvicultural purposes.

•

No lot shall be designed, approved or employed for the use in which an area more than thirty percent (30%) of the prescribed minimum lot area is comprised of one (1) or more of the environmentally sensitive areas referenced in the net developable calculations of the zoning ordinance. This shall not apply to lots specifically created exclusively to preserve and maintain environmentally sensitive areas.

•

All areas not included in lots or public street rights-of-way shall be incorporated into common open space and may be used for natural or landscaped buffers; agricultural uses including farmland and pasture not generating noxious odors such as land application of sewage sludge, hog or poultry farms or similar uses; horticulture; recreational use; historic preservation; forests; wildlife reservations and conservation areas; private stables for personal enjoyment; or other similar use.

•

The common open space shall be arranged and designed so as to facilitate its use, ensure continuity of design, and preserve sensitive environmental features. Failure to achieve these goals shall be sufficient reason for the agent to deny applications for open space development plan approved or required modifications that may include loss of lots.

•

Recreational areas shall not abut the exterior boundary of the open space development unless entirely adjacent to a publicly owned facility or community recreation facility of an adjoining residential development.

•

Adequate pedestrian and bicycle facilities shall be provided which fully interconnect the development and its recreation areas both internally and with existing, planned or desirable external pedestrian and bicycle facilities.

•

Full plats recorded and all deeds for lots within the cluster development shall bear a statement indicating that the land is within an approved residential cluster subdivision and shall also bear a statement indicating the ownership status of the development's open space system and shall reference the covenants creating a property owners' association which shall also be recorded at the time final plats are put to record.

•

With approval of the planning commission, common open space within a cluster subdivision may be held by other than a property owners' association for agricultural uses including farmland, pasture, horticulture, recreational use, historic preservation, forests, wildlife reservations and conservation areas or other similar use.

•

Family member subdivisions shall be prohibited.

•

Manufactured homes, Class A and B and residential accessory apartments require a conditional use permit.

C.

In determining the overall tract size provision, staff shall base the number of lots permitted on the following, listed in order from least to most binding:

1.

On the parcel shown on the latest county tax maps with the acreage indicated in the real estate records of the commissioner of revenue's office, excluding street or road rights-of-way.

2.

On documents of record in the office of the clerk of the court, which shall take precedence over the tax map information.

3.

On a new or modern survey of the property by a licensed surveyor. (11-17-16; 7-19-18; 11-15-18; 1-21-21.)

A.

Minimum lot area: .....Forty thousand (40,000) square feet.

B.

Minimum lot width (measured at the setback line): .....One hundred fifty (150) feet.

C.

Minimum lot frontage (measured at property front): .....One hundred twenty (120) feet.

D.

Minimum frontage on a cul-de-sac: .....Seventy-five (75) feet. (11-17-16; 7-19-18; 11-15-18.)

A.

Maximum building height: .....All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser.

B.

Minimum front yard setback:

1.

Where right-of-way is > fifty (50) feet, the minimum front yard setback is sixty (60) feet from property line.

2.

Where right-of-way is < fifty (50) feet, the minimum front yard setback is eighty-five (85) feet from center line of road.

C.

Minimum side yard setback:

1.

Principle structures: .....Fifteen (15) feet (one (1) side); Thirty-five (35) feet (both sides).

2.

Accessory structures: .....Fifteen (15) feet (see supplementary density and dimensional requirements, #1, accessory building requirements).

D.

Minimum rear yard setback:

1.

Principle structures: .....Thirty-five (35) feet.

2.

Accessory structures: .....Five (5) feet. (11-17-16; 7-19-18; 11-15-18.)

A.

Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements.

B.

Refer to article VI for regulations with the historic overlay (HO) district, highway corridor overlay (HCO) district, floodplain management overlay (FPMO) district, and the Newport development service overlay (NDSO) district.

C.

Refer to article VII for general design guidelines and development review procedures.

D.

Refer to article VIII for landscaping and open space standards.

E.

Refer to article IX for sign standards.

F.

Refer to article X for vehicle parking facilities requirements.

G.

Refer to article XI for outdoor lighting requirements and restrictions. (11-17-16; 7-19-18; 11-15-18.)

The intent of this section is to identify and encourage agritourism as an economic development activity in the county based on the county's own historical, recreational and agricultural resources. Agritourism as permitted "by right" in the rural agricultural conservation zoning district will serve to recognize and promote the entrepreneurship efforts of the local farm industry as a tourist attraction and will allow agriculturally-based properties to open their grounds to visitors interested in taking tours, making on-site product purchases and/or engaging in on-site activities. (11-17-16; 7-19-18; 11-15-18.)

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Agricultural, farm or ranch:\ One (1) or more areas of land used for the production, cultivation, growing, harvesting or processing of agricultural products.

Agricultural farm stay:\ Visiting a farm at least overnight as a paying guest, providing some experience of rural life.

Agricultural museum:\ An establishment operated as a repository or collection of curiosities or objects of agricultural interest or significance for public display.

Agricultural products:\ Any livestock, aquaculture, poultry, horticultural, floricultural, viticulture, silvicultural, or other farm crops.

Agricultural service operation:\ An occupation in which skill and expertise in some agriculturally related field are applied to the service of others engaged in agriculture; provided that sales of goods shall be limited to those incidental to the performing of a service.

Agriculturally related products:\ Items sold on-site or at a farmer's market to attract customers and promote the sale of agricultural products. Such items include, but are not limited to, all agricultural and horticultural products, animal feed, baked goods, ice cream and ice cream based desserts and beverages, jams, honey, gift items, food stuffs, clothing and other items promoting the farm and agriculture in Virginia and value-added agricultural products and production on site.

Agriculturally related uses:\ Those on-site activities that predominantly use agricultural products, buildings or equipment, such as pony rides, corn mazes, pumpkin rolling, barn dances, sleigh/hay rides, and educational events, such as farming and food preserving classes.

Agricultural tourism:\ The practice of visiting an agribusiness, horticultural, or agricultural activity, including, but not limited to, a farm, orchard, winery, brewery, greenhouse, a companion animal or livestock show, for the purpose of recreation, education, or active involvement in the operation, other than as an owner, contractor or employee of the activity.

Agritourism:\ Any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, breweries, ranching, historical, cultural, harvest-your-own activities, or natural activities and attractions, regardless of whether or not the participant paid to participate in the activity.

Agritourism activity:\ Any agricultural activity that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, breweries, ranching, historical, cultural, harvest-your-own activities, natural activities and attractions, or other purposes of agricultural tourism, whether or not the agritourism participant paid to participate in the activity. Agritourism activities must be conducted in accordance with section 22-262.3 herein.

Agritourism participant:\ Any person, other than an agritourism professional, who engages in an agritourism activity.

Agritourism professional:\ Any person who is engaged in the business of providing one (1) or more agritourism activities, whether or not for compensation.

Aquaculture:\ Land or activities devoted to the hatching, raising, harvesting and breeding of fish, shellfish, and aquatic plants for sale.

Cider mill:\ A mill that extracts juice from apples to make apple cider.

Dairy:\ A commercial establishment for the manufacture and sale of dairy products.

Farm brewery:\ A brewery located on a farm on land zoned RAC and owned or leased by such brewery or its owner and some agricultural products are grown on the farm, including barley, other grains, hops or fruit used by such brewery in the manufacture of its beer. A farm brewery shall not produce more than fifteen thousand (15,000) barrels of beer per calendar year.

Farm, temporary event in agricultural structure:\ A barn or similar structure that may be rented for special occasions, such as weddings, private parties, banquets, or other similar events.

Farm winery:\ An establishment (i) located on a farm in the Commonwealth of Virginia with a producing vineyard, orchard, or similar growing area and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than eighteen percent (18%) alcohol by volume or (ii) located in the Commonwealth of Virginia with a producing vineyard, orchard, or similar growing area or agreements for purchasing grapes or other fruits from agricultural growers within the Commonwealth of Virginia, and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than eighteen percent (18%) alcohol by volume. As used in this definition, the terms "owner" and "lessee" shall include a cooperative formed by an association of individuals for the purpose of manufacturing wine. In the event such cooperative is licensed as a farm winery, the term "farm" as used in this definition includes all of the land owned or leased by the individual members of the cooperative as long as such land is located in the Commonwealth of Virginia.

Farmer's market, on-site:\ A market held in a structure or open area for the sale of agricultural products or value-added agricultural products, directly to the consumer from a site on a working farm or any agricultural, horticultural or agritourism activity.

Greenhouse, commercial, and/or nursery:\ Establishments engaged primarily in the retail sale of trees, shrubs, seeds, fertilizers, pesticides, plants, plant materials, and garden supplies, primarily for agricultural, residential and commercial consumers.

Non-agriculturally related products:\ Those items not connected to farming or the farm operation, such as novelty t-shirts or other clothing, crafts and knick-knacks imported from other states or countries, etc.

Non-agriculturally related uses:\ Activities that are part of an agritourism operation's total offerings but not tied to farming or the farm's buildings, equipment, fields, etc. Such non-agriculturally related uses include amusement rides and concerts, and may be subject to obtaining a special event permit.

Seasonal:\ A recurrent period characterized by certain occurrences, festivities, or crops; harvest, when crops are ready; not all year round.

Value-added agricultural product:\ The enhancement or improvement of the overall value of an agricultural commodity or of an animal or plant product to a higher value. The enhancement or improvement includes, but is not limited to, marketing, agricultural processing, transforming, or packaging, education presentation, activities and tours.

Wine:\ Any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing (i) sugar, including honey and milk, either with or without additional sugar; (ii) one-half of one percent (0.5) or more of alcohol by volume; and (iii) no product of distillation. The term includes any wine to which wine spirits have been added, as provided in the Internal Revenue Code, to make products commonly known as "fortified wine" which do not exceed an alcohol content of twenty-one percent (21%) by volume. (11-17-16; 7-19-18; 11-15-18.)

A.

The following criteria must be met in order for agritourism activities to be a permitted use on a property:

1.

The principal use of the property must be agriculture as defined by the ordinance;

2.

Land used for agricultural use must consist of a minimum of five (5) unimproved, contiguous acres and must be utilized for the bona fide production of for sale crops, fruits, vegetables, ornamental plants and/or livestock;

3.

To qualify as agricultural use, the applicant shall certify that the real estate is being used in a planned program of management, production, and sale of field crops, livestock, livestock products, poultry, poultry products, dairy, dairy products, aquacultural products, or horticultural products.

4.

Horses can qualify the land only if they are being used for a breeding or boarding business. Agritourism activities are not permitted on property where horses are maintained exclusively for recreational purposes.

5.

The zoning administer may request the following items in determining eligibility for agritourism activities:

a.

The assigned USDA/ASCS farm number;

b.

Federal tax forms (1040F) Farm Expenses and Income, (4835) Farm Rental Income and Expenses, or (1040E) Cash rent for Agricultural land;

c.

A conservation Farm Management prepared by a professional; and

d.

Evidence that gross sales averaged more than one thousand dollars ($1,000.00) annually over the previous three (3) years.

B.

Where permitted, agritourism activities shall include, but not be limited to, the following:

1.

Agricultural, farm or ranch, including:

(i)

Farmer's market, on-site, where at least fifty percent (50%) of the agricultural products offered for sale are/have been produced by the farm operator for at least three (3) of the immediately preceding five (5) years.

(ii)

Seasonal self-pick fruit and vegetable operations.

(iii)

Seasonal outdoor mazes of agricultural origin such as straw bales or corn.

2.

Agricultural, farm stay, provided:

(i)

This use offers short-term lodging rooms and meals for paying guests looking for a rural experience on a working farm or ranch containing a minimum of ten (10) acres. For the purposes of this section, the term working farm shall require that the property owner or farm operator:

a.

Reside on the premises where the farm stay occurs; and

b.

Is actively engaged in land use devoted to the production of food and fiber, including horticulture, hydroponics, cultivation of field crops, nurseries, orchards, viticulture, livestock operations, dairy farms or other similar use as determined by the zoning administrator;

(ii)

Lodging accommodations may be offered in the farm house occupied by the owner/operator, or an accessory structure or converted farm building, like barns, silos, chicken houses, meeting the requirements for residential occupancy.

a.

A recreational vehicle may also be used for a farm stay provided that no more than one (1) recreational vehicle be allowed on the property at one time, and provided that sewage waste disposal is accommodated in accordance with the Virginia Department of Health or by the use of bathroom facilities made accessible to guests in the farm house or other approved facilities.

b.

Camping tents may also be used for a farm stay provided that no more than three (3) be accommodated at one time and sewage waste disposal is accommodated by the use of portable toilets or the use of indoor bathroom facilities made accessible to guests in the farm house or other approved facilities.

c.

Recreational vehicle or camping tent farm stays shall also have an available water supply to accommodate hot and cold running water for shower facilities.

d.

Fires shall be made only in stoves, incinerators, and other equipment intended for such purposes. Portable fire extinguishers rated for class A, B, and C shall be kept in locations conveniently and readily accessible for use by all guests and shall be maintained in good operating condition. Their capacity shall not be less than required by applicable codes.

(iii)

No guests or group of guests shall remain on the premises for more than fourteen (14) consecutive nights per visit or permitted more than two (2) visits during a twelve-month period.

3.

Agricultural, museum.

4.

Agricultural service operation.

5.

Aquaculture.

6.

Cider mill, where agricultural products of the mill are being derived from crops grown primarily on site for at least three (3) of the immediately preceding five (5) years.

7.

Dairy.

8.

Farm brewery.

9.

Farm temporary event, provided:

(i)

Events shall be permitted up to twelve (12) times per year. For purposes of this section, a temporary event is an event conducted on a single day for which attendance is allowed only by invitation or reservation up to two hundred (200) persons and for which there is no individual admission fee are charged. Temporary events include, but are not limited to, meetings, conferences, banquets, dinners, wedding receptions, private parties, and other similar events. A conditional use permit may authorize the number of temporary events to exceed twelve (12) per year, or the number of allowed participants at any event to exceed two hundred (200) or more, or both.

(ii)

No event shall last later than 12:30 a.m.

(iii)

Adequate bathroom facilities are provided.

10.

Farm winery, where:

(i)

Agricultural products of the winery are derived from crops grown primarily on site for at least three (3) of the immediately preceding five (5) years.

(ii)

The area for wine tasting and accessory food sales does not exceed twenty-five percent (25%) of the area of the main structure.

(iii)

Daily tours of a farm winery shall be permitted.

(iv)

Special events shall be permitted up to twelve (12) times per year. For purposes of this section, a special event is an event conducted at the farm winery on a single day for which attendance is allowed only by invitation or reservation for up to two hundred (200) persons. Special events include, but are not limited to, meetings, conferences, banquets, dinners, wedding receptions, private parties, and other events conducted for the purposes of marketing wine. A conditional use permit may authorize the number of special events per year, or the number of allowed participants at any event to exceed two hundred (200) or more, or both.

(v)

Festivals shall be permitted up to four (4) times per year. For the purposes of this section, a festival is an event conducted at a farm winery for up to three (3) consecutive days which is open to the general public and conducted for the purpose of marketing wine.

11.

Greenhouse, commercial and/or nursery.

B.

Any year in which the Governor of Virginia issues a formal disaster declaration covering Isle of Wight County shall not be included in the calculations prescribed in subsection A above. (11-17-16; 7-19-18; 11-15-18; 7-18-19.)

Any agritourism activity may include one (1) or more of the following ancillary uses so long as (i) the general agricultural character of the agritourism activity is maintained and (i) the aggregate gross receipts from the ancillary activity/activities does not exceed fifty percent (50%) of the gross receipts from the agritourism activity for three (3) of the preceding five (5) operating years.

A.

Value-added agricultural products or activities such as educational tours or processing facilities, etc.

B.

Bakeries selling baked goods containing produce grown primarily on site (e.g., minimum fifty percent (50%)).

C.

Playgrounds or equipment typical of a school playground, such as slides, swings, etc. (not including motorized vehicles or rides).

D.

Petting farms, animal display, and pony rides.

E.

Wagon, sleigh and hayrides.

F.

Nature trails.

G.

Open air or covered picnic area with restrooms.

H.

Educational classes, lectures, seminars.

I.

Historical agricultural exhibits.

J.

Kitchen facilities, processing/cooking items for sale.

K.

Gift shops for the sale of agricultural products and agriculturally related products.

L.

Gift shops for the sale of non-agriculturally related products such as antiques or crafts, where sales of the non-agriculturally related products do not exceed twenty-five (25%) of gross sales of the agritourism activity for three (3) of the preceding five (5) operating years. (11-17-16; 7-19-18; 11-15-18.)

A.

A simplified site plan meeting the requirements of article VII may be required showing the location of all areas that will serve to accommodate the agritourism activities, as may be determined by the zoning administrator.

B.

All agritourism activities and ancillary activities shall be conducted in accordance with all federal, state, and local laws and regulations. This includes, but is not limited to, compliance with Section 3.2-6402(A) of the Code of Virginia, requiring the posting and maintaining of certain warning signs.

C.

All necessary federal, state and local licenses and permits for agritourism activities and ancillary activities shall be obtained prior to beginning operation of, and shall be maintained in good standing during operation of, the activities. This shall include the business license required by article I of chapter 13 of this Code if such activities meet the requirements of that chapter. (11-17-16; 7-19-18; 11-15-18.)

Unless otherwise noted in the provisions of part 2A (agritourism), the minimum acreage for an agritourism activity is two (2) acres or more, including the primary residential use. (11-17-16; 7-19-18; 11-15-18.)

The minimum width for an agritourism activity within or outside of an enclosed structure, intended to attract more than an average of ten (10) vehicle trips per day in addition to the residential use on the property, shall be three hundred (300) feet at the building setback line. The zoning administrator has the authority to waive this requirement if it is determined that there are no adjacent residential uses within three hundred (300) feet of the proposed agritourism activity. (11-17-16; 7-19-18; 11-15-18.)

Access shall be provided by an exclusive right of ingress/egress from a state maintained road. (11-17-16; 7-19-18; 11-15-18.)

A.

Front yard setback: .....All agritourism structures and activities shall be located sixty (60) feet or more from the edge of the front property line, except that signs may be erected in accordance with article IX, Signs of this ordinance. Parking may occur within the front yard setback but shall be at least ten (10) feet from the front property line adjacent to the public road.

B.

Side yard setback: .....All agritourism activities, including parking, shall be located thirty-five (35) feet and the total width of the two (2) required side yards shall be seventy (70) feet or more.

C.

Rear yard setback: .....All agritourism activities, including parking shall be located fifty (50) feet or more. (11-17-16; 7-19-18; 11-15-18.)

A zoning permit shall not be issued for a nonconforming structure or use for which a permit agritourism activity is being sought until the following procedure has been completed:

A.

The zoning administrator is to send written notification by certified letter to the last known address of each adjacent property owner advising them of the proposed agritourism activity and informing them that the permit may be issued if written comments are not received within thirty (30) days. The property shall also be posted with a sign pursuant to section 9-1006 for no less than fourteen (14) days prior to the expiration of the thirty-day period.

B.

If the zoning administrator receives no written objection from any property owner so notified within thirty (30) days of the date of sending the notification letter, and the zoning administrator determines that the proposed use otherwise complies with the zoning ordinance, and the requirements for sewage disposal, the zoning administrator may issue a zoning permit for the agritourism activity.

C.

If the zoning administrator receives written objection from any property owner so notified within thirty (30) days of the date of sending the notification letter, then the zoning administrator may not issue a zoning permit unless and until such time as a conditional use permit for the proposed use is approved by the board of supervisors with a recommendation from the planning commission. (11-17-16; 7-19-18; 11-15-18.)

This district is intended to provide for limited and low-density residential development within the rural agricultural conservation (RAC) as designated in the comprehensive plan, while being protective of the county's rural character and preserving open space and productive farm and timberlands. In accordance with the comprehensive plan, residential development in the RR district will utilize either of two (2) options in designing residential subdivisions: density bonus for cluster development or sliding scale development. In addition, residential development that occurs in these areas is encouraged to locate in the woodland areas and the least productive agricultural land where the conflicts between the residential uses and the farm uses can be minimized. (11-17-16; 7-19-18; 11-15-18.)

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

Agricultural service/agent

* Agriculture

Agritourism (See part 2A)

Aquaculture

* Forestry operation, silvicultural and or timbering

Greenhouse, private

* Stable, private

Viticulture

* Wayside stand

B.

Residential uses:

* Accessory apartment

• Residential accessory apartment

Boathouse

Dwelling, single-family

* Family day care home

Group home

* Guest house

* Home occupation, Type I

* Home occupation, Type II

* Kennel, private

* Manufactured home, Class A

* Temporary emergency residence

C.

Civic uses:

Modular classroom

Public park and recreational area

* Utility service/minor

D.

Commercial uses:

* Construction office, temporary

Real estate office temporary

* Short-term rental

E.

Miscellaneous uses:

* Amateur radio tower

(11-17-16; 7-19-18; 11-15-18; 12-14-23(2).)

The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicating additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

* Agricultural crop service tower and antenna

Aquaculture, waterfront business

* Farm employee housing

Greenhouse, commercial and/or nursery

• In conjunction with residence

*Stable, commercial

• In conjunction with residence

B.

Residential uses:

* Community recreation

* Dwelling, two-family duplex

C.

Civic uses:

* Cemetery

• Animal

• Church

• Private

• Public

* Child care center

* Child care institution

Club

Crisis center

Cultural service

* Educational facility primary/secondary

Halfway house

Life care facility

* Nursing home

Public safety service

* Religious assembly

* Utility service/major

D.

Commercial uses:

* Bed and breakfast

Boarding house

* Commercial equipment repair, accessory to dwelling

* Commercial outdoor swimming pool and tennis facility

General store, country

* Golf course

* Marina

E.

Industrial uses:

* Shipping container

F.

Miscellaneous uses:

* Aviation facility, private

* Communications tower

* Reconstructed wetland

(11-17-16; 7-19-18; 11-15-18.)

A.

Under the sliding scale development provision, a tract of land twenty (20) acres in size may be allowed one (1) division. One (1) additional lot or dwelling unit will be permitted for every additional forty (40) acres encompassed by the overall tract. For example, a one-hundred-acre tract will yield four (4) lots. Minimum permissible lot sizes shall be encouraged so as not to allow subdivision development which is land consumptive; however, each lot must meet the minimum lot requirements for the rural residential (RR) district.

B.

In addition to the base density permitted above, the following standards shall be met:

1.

The maximum lot size for any new lot created shall be ten (10) acres, unless otherwise approved by the board of supervisors or required by the county health department.

2.

Lots shall be located to maximize continued use of the residual parcel for agricultural and silvicultural purposes.

3.

Unless otherwise approved by the board of supervisors, the first two (2) lots shall be located on private shared driveways that serve no more than two (2) residences, with no frontage on the public road that does not have a local road functional classification as designated by VDOT.

C.

In determining the overall tract size provision, staff shall base the number of lots permitted on the following, listed in order from least to most binding:

1.

On the parcel shown on the latest county tax maps with the acreage indicated in the real estate records of the commissioner of revenue's office, excluding street or road rights-of-way.

2.

On documents of record in the office of the clerk of the court, which shall take precedent over the tax map information.

3.

On a new or modern survey of the property by a licensed surveyor. (11-17-16; 7-19-18; 11-15-18; 1-21-21.)

A.

General description. .....Cluster development in the rural residential (RR) district is encouraged to protect rural character and to preserve open space and productive farm and timber lands while permitting limited development in rural areas of the county. It is intended to encourage innovative and creative design of residential development; to preserve agricultural lands and enhance the rural atmosphere and visual character of the county; and, to encourage a more efficient use of land and services in order to reduce construction costs, reflect changes in the technology of land development and minimize maintenance costs of service delivery and utility systems.

B.

Applicability. .....The following provisions establish minimum performance standards associated with three (3) optional density increases which may be exercised by landowners in the RR district at the time of rezoning of the property. The density options available shall be one (1) dwelling unit per ten (10) acres, but may be increased to one (1) dwelling unit per eight (8) acres or one (1) dwelling per five (5) acres, if certain development standards are met as conditions of density increase. These development standards are outlined in subsection D.

C.

General standards. .....The following general standards shall apply to all cluster developments in the RR District:

1.

The applicant shall have legal or equitable title to the property or shall otherwise have a legally documented financial interest in the real property, which is the subject of the application.

2.

The proposed development shall contain a minimum of twenty (20) contiguous acres located within the RR district.

3.

All lots created through the act of subdivision shall be served by no more than, one (1) point of access to an existing public road. The internal street serving the subdivision shall be constructed in accordance with the applicable minimum standards of and dedicated to the Virginia Department of Transportation.

4.

In no case shall residential structures be located within one hundred (100) feet of an existing public road right-of-way. Fifty (50) feet of the one-hundred-foot bufferyard between the lots and the public road right-of-way shall be landscaped to maintain or enhance the rural image or left in a natural setting, as prescribed in section 8-1003.

5.

Dedication of additional public road right-of-way adjacent to an existing public road for future widening when the highway level of service in the area necessitates widening shall be a condition of development at each of the three (3) optional densities contained in subsection B. of this section.

D.

Density options.

1.

The base density of one (1) dwelling unit per ten (10) acres may be permitted provided:

a.

Clustering at a density of one (1) dwelling unit per ten (10) acres so that no more than fifty percent (50%) of the total base site area is to be included in the subdivision, including lots, road right-of-way, and other required public improvements.

b.

Fifty percent (50%) of the site shall be permanently established in open space including farm or forest use and restricted from further development.

c.

The minimum lot shall be forty thousand (40,000) square feet and the maximum lot size shall be five (5) acres, provided the health department standards for use of on-site septic systems are met.

2.

The base density may be increased to one (1) dwelling unit per eight (8) acres if the following conditions are met:

a.

Clustering at a density of one (1) dwelling unit per eight (8) acres so that no more than forty percent (40%) of the base site area is included in the subdivision, including lots, road rights-of-way and other required public improvements.

b.

Sixty percent (60%) of the site shall be permanently established in open space including farm or forest use and is restricted from further development.

c.

The minimum lot size shall be forty thousand (40,000) square feet and the maximum lot size shall be three and one-half (3.5) acres in size, provided the health department standards for on-site septic systems are met.

3.

The base density may be increased to one (1) dwelling unit per five (5) acres provided:

a.

Clustering at a density of one (1) dwelling unit per five (5) acres so that no more than thirty percent (30%) of the base site area is to be included in the subdivision, including lots, rights-of-way and other required public improvements.

b.

Seventy percent (70%) of the site shall remain in open space including farm or forest use and restricted from further development.

c.

The minimum lot size shall be forty thousand (40,000) square feet and the maximum lot size shall be one and one-half (1.5) acres, provided the health department standards for on-site septic systems are met.

E.

Open space requirements. .....Regardless of which of the three (3) density options is exercised, the following standards shall apply to any open space which may be included within and made part of the cluster development and so designated on the subdivision plat:

1.

All open spaces shall be preserved for their intended purpose.

2.

There shall be established a nonprofit association, corporation, trust or foundation of all individuals or corporations owning the residential property within the development to insure the satisfactory maintenance of any required open space.

3.

When the development is to administer open space or other facilities through an association, nonprofit corporation, trust or foundation, said organization shall conform to the following requirements:

a.

The property owner or developer must establish the organization prior to the sale of any lots within the subdivision.

b.

Membership in the organization shall be mandatory for all residential property owners, present or future, within the subdivision.

c.

The organization shall manage all common and open spaces, and recreational and cultural facilities, shall provide for the maintenance, administration and operation of said land and improvements and any other land within the development and shall secure adequate liability insurance on the land.

d.

The organization shall conform to the Property Owners Association Act, Code of Virginia, effective July 1, 2004, as amended, and/or to any other laws and regulations of the Commonwealth of Virginia as may be applicable.

The foregoing standards for open space shall not apply to any residue acreage of the parent tract of land which is not included as part of the cluster development as lots or the required open space. (11-17-16; 7-19-18; 11-15-18.)

A.

Minimum lot area: Forty thousand (40,000) square feet.

B.

Minimum lot width: One hundred fifty (150) feet.

C.

Minimum lot frontage: One hundred twenty (120) feet.

1.

Minimum frontage on cul-de-sac: Seventy-five (75) feet.

2.

Maximum lot size: Ten (10) acres.

D.

No lot shall be designed, approved or employed for use in which an area more than thirty percent (30%) of the required minimum lot area is comprised of one or more of the environmentally sensitive areas cited in subsections 5-4000.C.1.a through f. (11-17-16; 7-19-18; 11-15-18.)

A.

Maximum building height:

1.

All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser.

B.

Minimum front yard setback:

1.

Where right-of-way is > fifty (50) feet, the minimum front yard setback is sixty (60) feet from property line.

2.

Where right-of-way is < fifty (50) feet, the minimum front yard setback is eighty-five (85) feet from center line of road.

C.

Minimum side yard setback:

1.

Principle structures: Fifteen (15) feet (one (1) side)/thirty-five (35) feet (both sides).

2.

Accessory structures: Fifteen (15) feet (see supplementary density and dimensional requirements, #1, accessory building requirements).

D.

Minimum rear yard setback:

1.

Principle structures: Thirty-five (35) feet.

2.

Accessory structures: Five (5) feet. (11-17-16; 7-19-18; 11-15-18.)

A.

Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements.

B.

Refer to article VI for regulations with the historic overlay (HO) district, highway corridor overlay (HCO) district, floodplain management overlay (FPMO) district, and the Newport development service overlay (NDSO) district.

C.

Refer to article VII for general design guidelines and development review procedures.

D.

Refer to article VIII for landscaping and open space standards.

E.

Refer to article IX for sign standards.

F.

Refer to article X for vehicle parking facilities requirements.

G.

Refer to article XI for outdoor lighting requirements and restrictions. (11-17-16; 7-19-18; 11-15-18.)

A.

The intent of this district is to provide for low to medium density residential development in those areas of the county which are identified as "village centers" in the Isle of Wight County Comprehensive Plan where the pattern of development has previously been established. These areas may not currently have public water and sewer and other public facilities available or planned for in the immediate future.

B.

The village center district has been established herein to assist in the fulfillment of the housing, public services and land use provisions of the comprehensive plan. It is the intent of this district, consistent with the plan, to provide for and preserve the character of these existing unincorporated population centers in the county, and to promote the configuration of new development into reasonable and effective service areas for the proper and efficient provision of water, sewerage, fire and police protection, and other public services.

C.

In general, it is intended that the VC district shall be used to preserve the character of these existing unincorporated rural population centers which have basically a single-family residential character but which also contain certain types of commercial or light industrial activities to serve primarily a local rural population. In addition, however, it is the intent that such zones may be used for lands where the creation of a new population center or centers would be appropriate and where such new center or centers would be consistent with the provisions of the comprehensive plan.

D.

The village centers identified in the comprehensive plan are as follows:

Battery Park

Carrsville

Central Hill

Isle of Wight Courthouse

Orbit Rescue

Rushmere

Walters Wills Corner

Zuni

(11-17-16; 7-19-18; 11-15-18.)

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, use and design standards, for those specific uses.

A.

Agricultural uses:

Agricultural crop service tower and antenna

Agricultural farm product processing, warehousing and distribution service

Agricultural feed seed and farm supply service

Agricultural service agent

Agriculture

Agritourism (see part 2A)

Aquaculture

Aquaculture, waterfront business

Farmer's market

* Forestry operation, silvicultural and/or timbering

Greenhouse, commercial and/or nursery

• In conjunction with residence

• Not in conjunction with residence

Greenhouse, private

Viticulture

* Wayside stand

B.

Residential uses:

* Accessory apartment

• Residential accessory apartment

* Boathouse

Dwelling, single-family

* Family day care home

Group home

* Home occupation, Type I

* Temporary emergency housing

C.

Civic uses:

Administrative service

* Community center

Cultural service

* Modular classroom

Post office

* Public park and recreational area

Public safety service

* Utility service/minor

D.

Commercial uses:

* Bed and breakfast

* Commercial equipment repair, accessory to dwelling

* Construction office, temporary

Event center

General store, country

Real estate office, temporary

* Short-term rental

E.

Miscellaneous uses:

* Amateur radio tower

(11-17-16; 7-19-18; 2-21-19; 12-14-23(2).)

The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

Agricultural farm equipment sales and service

* Commercial feedlot

Fair, agricultural

* Farm employee housing

* Livestock auction market

* Stable, commercial

• In conjunction with residence

• Not in conjunction with residence

* Stable, private

B.

Residential uses:

* Accessory apartment

• Commercial accessory apartment

* Congregate housing

* Dwelling, multifamily conversion

* Dwelling, two-family duplex

* Home occupation, Type II

* Manufactured home, Class A

* Multifamily dwelling

* Townhouse

C.

Civic uses:

* Adult care center

Assisted living facility

* Cemetery

• Animal

• Church

• Private

• Public

* Child care center

* Child care institution

Club

Crisis center

* Educational facility, primary/secondary

Halfway house

Life care facility

* Nursing home

Park and ride facility

* Public maintenance and service facility

Public sports/event facility

* Religious assembly

Rehabilitation service

Transit station

* Utility service/major

D.

Office uses:

Financial institution

General office

Laboratory

Medical office

E.

Commercial uses:

* Antique shop

Auction establishment

Boarding house

Boating and fishing facilities

Business or trade school

Car wash

Commercial indoor amusement

Commercial indoor entertainment

* Commercial indoor sports and recreation

* Commercial outdoor swimming pool and tennis court

* Contractor office and storage facility

* Convenience store

* Crematorium

* Flea market

* Funeral home

* Garden center

* Gasoline station

* Golf course

* Golf driving range

Hotel/motel/motor lodge/inn

* Marina

Medical clinic

* Motor vehicle parts/supply retail

* Motor vehicle repair service/minor

Personal improvement service

Personal service

* Restaurant, drive-in fast food

Restaurant, general

Retail sales

Studio, fine arts

* Taxidermy

Veterinary hospital/clinic

Wholesale sales

F.

Industrial uses:

Custom manufacturing

Refuse and recycling center

G.

Miscellaneous uses:

* Communication tower

Hunt club

* Reconstructed wetland

(11-17-16; 7-19-18; 11-15-18.)

A.

Minimum lot area:

1.

With private sewer and water: Thirty thousand (30,000) feet.

2.

With public sewer or water: Twenty thousand (20,000) feet.

3.

With public sewer and water: Fifteen thousand (15,000) feet.

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: One hundred (100) feet.

C.

Minimum lot frontage:

1.

With private sewer and water: One hundred (100) feet.

2.

With public sewer or water: One hundred (100) feet.

3.

With public sewer and water: Eighty (80) feet.

4.

Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width of district. (11-17-16; 7-19-18; 11-15-18.)

A.

Maximum building height:

1.

All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser.

2.

Public or semipublic buildings such as schools, churches, libraries, or government buildings may be allowed up to sixty (60) feet, provided that the scale, massing, and building design are shown to be compatible with the existing neighborhood and general intent of the district.

B.

Maximum density:

1.

Conventional single-family subdivision: Two (2) dwelling units per acre.

2.

Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net developable area.

C.

Minimum front yard setback:

1.

Where rights-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: Fifteen (15) feet.

2.

Both sides: Thirty (30) feet.

E.

Minimum rear yard setback: .....Thirty (30) feet. (11-17-16; 7-19-18; 11-15-18.)

A.

Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements.

B.

Refer to article VI for regulations with the historic overlay (HO) district, highway corridor overlay (HCO) district, floodplain management overlay (FPMO) district, and the Newport development service overlay (NDSO) district.

C.

Refer to article VII for general design guidelines and development review procedures.

D.

Refer to article VIII for landscaping and open space standards.

E.

Refer to article IX for sign standards.

F.

Refer to article X for vehicle parking requirements.

G.

Refer to article XI for outdoor lighting requirements and restrictions. (7-19-18; 11-15-18.)

This district is intended to preserve the character of existing neighborhoods and developments in existence at the time of adoption of this ordinance. It is designed to prevent these neighborhoods and subdivisions, consisting of different lot sizes, from becoming nonconforming under the terms of this ordinance. Such neighborhoods are relatively uniform in character and stable. These regulations permit future development consistent with existing character. Areas, identified as having a stable and fixed character, will be allowed to continue to exist and develop under the general regulations governing their design and construction or under the actual plat previously approved.

This district is not intended for nor shall be used to establish new lots that are not already platted or approved through conditional zoning. (11-17-16; 7-19-18; 11-15-18.)

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

* Forestry operation, silviculture and/or timbering

Greenhouse, private

B.

Residential uses:

* Boathouse

Dwelling, single-family

* Family day care home

Group home

* Home occupation, Type I

* Temporary emergency housing

C.

Civic uses:

* Modular classroom

* Public park and recreational area

* Utility service/minor

D.

Commercial uses:

* Construction office, temporary

Real estate office, temporary

* Short-term rental

E.

Miscellaneous uses:

* Amateur radio tower

(11-17-16; 7-19-18; 11-15-18; 12-14-23(2).)

The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

* Agricultural crop service tower and antenna

Agriculture

Aquaculture

Greenhouse, commercial and/or nursery

• In conjunction with residence

* Stable, commercial

• In conjunction with residence

* Stable, private

Viticulture

* Wayside stand

B.

Residential uses:

* Accessory apartment

• Residential accessory apartment

* Community recreation

* Condominium

* Dwelling, multifamily conversion

* Dwelling, two-family duplex

* Guest house

* Home occupation, Type II

* Townhouse

C.

Civic uses:

* Cemetery

• Animal

• Church

• Private

• Public

* Child care center

Club

Cultural service

* Educational facility primary/secondary

Halfway house

Life care facility

* Nursing home

Public safety service

* Religious assembly

* Utility service/major

D.

Commercial uses:

* Bed and breakfast

Boarding house

* Commercial equipment repair, accessory to dwelling

* Commercial outdoor swimming pool and tennis facility

General store, country

* Golf course

* Marina

E.

Industrial uses:

* Shipping container

F.

Miscellaneous uses:

* Communication tower

* Reconstructed wetland

(11-17-16; 7-19-18; 11-15-18.)

A.

Minimum lot area:

1.

With private sewer and water: Twenty thousand (20,000) square feet.

2.

With public sewer or water: Fifteen thousand (15,000) square feet.

B.

Minimum lot width: .....One hundred (100) feet.

C.

Minimum lot frontage: .....One hundred (100) feet.

D.

Minimum frontage on a cul-de-sac: .....Fifty (50) feet. (11-17-16; 7-19-18; 11-15-18.)

A.

Maximum building height:

1.

All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser.

B.

Maximum density:

1.

Conventional single-family subdivision: Two (2) dwelling units per acre.

2.

Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net development area.

C.

Minimum front yard setback:

1.

Lots with less than one hundred fifty (150) feet of width:

a.

Where rights-of-way is fifty (50) feet or greater, the minimum front yard setback is thirty-five (35) feet from property line.

b.

Where rights-of-way is less than fifty (50) feet, the minimum front yard setback is sixty (60) feet from centerline of road.

2.

Lots one hundred fifty (150) feet or greater of width:

a.

Where rights-of-way is fifty (50) feet or greater, the minimum front yard setback is sixty (60) feet from property line.

b.

Where rights-of-way is less than fifty (50) feet, the minimum front yard setback is eighty-five (85) feet from centerline of road.

3.

In the case that there are existing lots of record in a subdivision having a width that would require a front setback to be lesser or greater than the other lots within the subdivision, the setback met by the majority of the lots shall be required.

D.

Minimum side yard setback:

1.

One (1) side: Ten (10) feet.

2.

Both sides: Twenty (20) feet.

E.

Minimum rear yard setback:

1.

Twenty-five (25) feet.

(11-17-16; 7-19-18; 11-15-18.)

A.

Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements.

B.

Refer to article VI for regulations with the historic overlay (HO) district, highway corridor overlay (HCO) district, floodplain management overlay (FPMO) district, and the Newport development service overlay (NDSO) district.

C.

Refer to article VII for general design guidelines and development review procedures.

D.

Refer to article VIII for landscaping and open space standards.

E.

Refer to article IX for sign standards.

F.

Refer to article X for vehicle parking facilities requirements.

G.

Refer to article XI for outdoor lighting requirements and restrictions. (11-17-16; 7-19-18; 11-15-18.)

This district is intended to provide for a form of suburban living in a superior living environment within the development service district(s) as designated by the Isle of Wight County Comprehensive Plan. Open space is extensive and is designed to create a more rural image than is normally the case, resulting in an "estate" form of character even though lot sizes are well below those found in typical large lot residential areas. (11-17-16; 7-19-18; 11-15-18.)

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

* Forestry operation, silvicultural and/or timbering

Greenhouse, private

B.

Residential uses:

* Accessory apartment

• Residential accessory apartment

* Boathouse

Dwelling, single-family

* Family day care home

Group home

* Home occupation, Type I

* Temporary emergency housing

C.

Civic uses:

* Modular classroom

* Public park and recreational area

* Utility service/minor

D.

Commercial uses:

* Construction office, temporary

Real estate office, temporary

* Short-term rental

E.

Miscellaneous uses:

* Amateur radio tower

(11-17-16; 7-19-18; 11-15-18; 12-14-23(2).)

The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

Greenhouse, commercial and/or nursery

• In conjunction with residence

* Stable, commercial

• In conjunction with a residence

* Stable, private

B.

Residential uses:

* Community recreation

* Dwelling, multifamily conversion

* Guest house

C.

Civic uses:

* Cemetery

• Church

* Child care center

Club

Cultural service

* Educational facility, primary/secondary

Halfway house

Life care facility

* Nursing home

Post office

Public safety service

* Religious assembly

* Utility service/major

D.

Commercial uses:

* Bed and breakfast

Boarding house

* Commercial equipment repair, accessory to dwelling

* Commercial outdoor swimming pool and tennis facility

* Golf course

* Marina

E.

Industrial uses:

* Shipping container

F.

Miscellaneous uses:

* Reconstructed wetland

(11-17-16; 7-19-18; 11-15-18.)

A.

Minimum lot area:

1.

With private sewer and water: Thirty thousand (30,000) square feet.

2.

With public sewer or water: Twenty thousand (20,000) square feet.

3.

With public sewer and water: Twenty thousand (20,000) square feet.

B.

Minimum lot width:

1.

With private sewer and water: One hundred twenty-five (125) feet.

2.

With public sewer or water: One hundred twenty (120) feet.

3.

With public sewer and water: One hundred twenty (120) feet.

C.

Minimum lot frontage:

1.

With private sewer and water: One hundred (100) feet.

2.

With public sewer or water: Ninety-six (96) feet.

3.

With public sewer and water: Ninety-six (96) feet.

4.

Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width of district. (11-17-16; 7-19-18; 11-15-18.)

A.

Maximum building height:

1.

All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser.

B.

Maximum density:

1.

Conventional single-family subdivision: Two (2) dwelling units per acre.

2.

Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net developable area.

C.

Minimum front yard setback:

1.

Where rights-of-way is > fifty (50) feet, the minimum front yard setback is fifty (50) feet from property line.

2.

Where rights-of-way is < fifty (50) feet, the minimum front yard setback is seventy-five (75) feet from centerline of road.

D.

Minimum side yard setback:

1.

One (1) side: Twenty (20) feet.

2.

Both sides: Forty (40) feet.

E.

Minimum rear yard setback: Thirty-five (35) feet. (11-17-16; 7-19-18; 11-15-18.)

A.

Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements.

B.

Refer to article VI for regulations with the historic overlay (HO) district, highway corridor overlay (HCO) district, floodplain management overlay (FPMO) district, and the Newport development service overlay (NDSO) district.

C.

Refer to article VII for general design guidelines and development review procedures.

D.

Refer to article VIII for landscaping and open space standards.

E.

Refer to article IX for sign standards.

G.

Refer to article XI for outdoor lighting requirements and restrictions. (11-17-16; 7-19-18; 11-15-18.)

This district is intended for application in the development service district(s) as designated by the Isle of Wight County Comprehensive Plan and to provide for the majority of residential development for future population growth in areas served by public utilities. This district permits moderate density development in a manner that is consistent with the provision of a high-quality "suburban" character. Significant areas of open space should be provided in this district in order to maintain this character. (11-17-16; 7-19-18; 11-15-18.)

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

* Forestry operation, silvicultural and/or timbering

B.

Residential uses:

* Boathouse

Dwelling, single-family

Dwelling, two-family duplex

* Family day care home

Group home

* Home occupation, Type I

* Temporary emergency housing

C.

Civic uses:

* Modular classroom

* Public park and recreational area

* Utility service/minor

D.

Commercial uses:

* Construction office, temporary

Real estate office, temporary

* Short-term rental

E.

Miscellaneous uses:

* Amateur radio tower

(11-17-16; 7-19-18; 11-15-18; 12-14-23(2).)

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

* Congregate housing

* Dwelling, multifamily conversion

* Multifamily dwelling

* Townhouse

C.

Civic uses:

* Cemetery

* Child Care Center

Club

Cultural service

* Educational facility, primary/secondary

Halfway house

Life care facility

* Nursing home

Post office

Public safety service

* Religious assembly

* Utility service/major

D.

Commercial uses:

* Bed and breakfast

Boarding house

* Commercial equipment repair, accessory to dwelling

* Commercial outdoor swimming pool and tennis facility

* Golf course

* Marina

E.

Industrial uses:

* Shipping container

F.

Miscellaneous uses:

* Reconstructed wetland

(11-17-16; 7-19-18; 11-15-18; 7-15-21.)

A.

Minimum lot area:

1.

With private sewer and water: Thirty thousand (30,000) square feet.

2.

With public sewer or water: Twenty thousand (20,000) square feet.

3.

With public sewer and water: Fifteen thousand (15,000) square feet.

B.

Minimum lot width:

1.

With private sewer and water: One hundred twenty-five (125) feet.

2.

With public sewer or water: One hundred twenty-five (125) feet.

3.

With public sewer and water: Eighty (80) feet.

C.

Minimum lot frontage:

1.

With private sewer and water: One hundred (100) feet.

2.

With public sewer or water: One hundred (100) feet.

3.

With public sewer and water: Sixty-four (64) feet.

4.

Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width. (11-17-16; 7-19-18; 11-15-18.)

A.

Maximum building height:

1.

All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser.

B.

Maximum density:

1.

Conventional single-family subdivision: Three (3) dwelling units per acre.

2.

Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net developable area.

C.

Minimum front yard setback:

1.

Where rights-of-way is > fifty (50) feet, the minimum front yard setback is thirty-five (35) feet from property line.

2.

Where rights-of-way is < fifty (50) feet, the minimum front yard setback is sixty (60) feet from centerline of road.

D.

Minimum side yard setback:

1.

One (1) side: Ten (10) feet.

2.

Both sides: Twenty-four (24) feet.

E.

Minimum rear yard setback: .....Twenty-five (25) feet. (11-17-16; 7-19-18; 11-15-18.)

A.

Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements.

B.

Refer to article VI for regulations with the historic overlay (HO) district, highway corridor overlay (HCO) district, floodplain management overlay (FPMO) district, and the Newport development service overlay (NDSO) district.

C.

Refer to article VII for general design guidelines and development review procedures.

D.

Refer to article VIII for landscaping and open space standards.

E.

Refer to article IX for sign standards.

F.

Refer to article X for vehicle parking facilities requirements.

G.

Refer to article XI for outdoor lighting requirements and restrictions. (11-17-16; 7-19-18; 11-15-18.)

This district is intended to permit residential development at high densities with an urban character in selected areas within the development service district(s) and mixed use centers as designated by the Isle of Wight County Comprehensive Plan. It is intended to provide for more intensive development in a limited number of areas and to provide affordable housing for the county's residents that are finding it difficult to locate such housing. A wide range of housing types may be built in a planned development type of environment within this district. (11-17-16; 7-19-18; 11-15-18.)

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

* Forestry operation, silvicultural and/or timbering

B.

Residential uses:

* Condominium

* Congregate housing

* Dwelling, multifamily conversion

Dwelling, single-family

* Dwelling, two-family duplex

* Family day care home

Group home

* Home occupation, Type I

* Multifamily dwelling

* Temporary emergency housing

* Townhouse

C.

Civic uses:

* Educational facility primary/secondary

Life care facility

* Modular classroom

* Public park and recreational area

* Utility service/minor

D.

Commercial uses:

* Construction office, temporary

Real estate office, temporary

* Short-term rental

Veterinary hospital/clinic

E.

Miscellaneous uses:

* Amateur radio tower

(11-17-16; 7-19-18; 11-15-18; 12-14-23(2).)

The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

Greenhouse, private

B.

Residential uses:

* Accessory apartment

• Residential accessory apartment

* Boathouse

* Community recreation

C.

Civic uses:

* Cemetery

• Church

Club

Cultural service

Halfway house

* Nursing home

Post office

Public safety service

* Religious assembly

* Utility service/major

D.

Office uses:

General office

Medical office

E.

Commercial uses:

* Bed and breakfast

Boarding house

* Commercial indoor sports and recreation

* Commercial outdoor swimming pool and tennis facility

* Golf course

* Marina

Restaurant, general

Retail sales

Studio, fine arts

F.

Miscellaneous uses:

* Reconstructed wetland

(11-17-16; 7-19-18; 11-15-18.)

A.

Minimum lot area:

1.

With private sewer and water: Thirty thousand (30,000) square feet.

2.

With public sewer or water: Twenty thousand (20,000) square feet.

3.

With public sewer and water: Twelve thousand (12,000) square feet.

B.

Minimum lot width:

1.

With private sewer and water: One hundred twenty-five (125) feet.

2.

With public sewer or water: One hundred twenty-five (125) feet.

3.

With public sewer and water: Eighty (80) feet.

C.

Minimum lot frontage:

1.

With private sewer and water: One hundred (100) feet.

2.

With public sewer or water: One hundred (100) feet.

3.

With public sewer and water: Fifty-six (56) feet.

4.

Minimum frontage on a cul-de-sac: No less than fifty percent (50%) of minimum lot width of district. (11-17-16; 7-19-18; 11-15-18.)

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.

Townhouse developments: Ten (10) dwelling units per acre.

3.

Multifamily residences and condominiums: Fourteen (14) dwelling units per acre.

4.

Floor area ratio for nonresidential: One-fourth (.25) square foot per foot of net developable area.

C.

Minimum front yard setback:

1.

Where rights-of-way is > fifty (50) feet, the minimum front yard setback is thirty (30) feet from property line.

2.

Where rights-of-way is < fifty (50) feet, the minimum front yard setback is fifty-five (55) feet from centerline of road.

D.

Minimum side yard setback:

1.

One (1) side: Eight (8) feet.

2.

Both sides: Sixteen (16) feet.

E.

Minimum rear yard setback: .....Twenty (20) feet.

F.

Maximum lot coverage: .....Sixty percent (60%). (11-17-16; 7-19-18; 11-15-18; 2-21-19.)

Sec.

4-8006. Additional regulations.

A.

Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements.

B.

Refer to article VI for regulations with the historic overlay (HO) district, highway corridor overlay (HCO) district, floodplain management overlay (FPMO) district, and the Newport development service overlay (NDSO) district.

C.

Refer to article VII for general design guidelines and development review procedures.

D.

Refer to article VIII for landscaping and open space standards.

E.

Refer to article IX for sign standards.

F.

Refer to article X for vehicle parking facilities requirements.

G.

Refer to article XI for outdoor lighting requirements and restrictions. (11-17-16; 7-19-18; 11-15-18.)

This district is primarily intended to provide for low intensity commercial use including those types of commercial services which may satisfy those basic needs which occur daily or frequently and so require commercial facilities in close proximity to residences or which may generally be compatible with a rural or residential area. (11-17-16; 7-19-18; 11-15-18.)

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

Agricultural farm equipment sales and service

Agricultural feed, seed, and farm supply service

Agricultural service/agent

Farmer's market

* Forestry operation, silvicultural and/or timbering

Greenhouse, commercial and/or nursery

• Not in conjunction with residence

B.

Residential uses:

* Accessory apartment

• Commercial accessory apartment

C.

Civic uses:

Administrative service

* Child care center

Club

* Community center

Crisis center

Cultural service

* Education facility, primary/secondary

Halfway house

Life care facility

* Modular classroom

* Nursing home

Park and ride facility

Post office

Public park and recreational area

Public safety service

Rehabilitation service

* Utility service/minor

D.

Office uses:

Financial institution

General office

Laboratory

Medical office

E.

Commercial uses:

Business support service

Car wash

* Commercial indoor sports and recreation

* Construction office, temporary

Event center

* Funeral home

* Garden center

* Golf course

* Golf driving range

Itinerant merchant

Lawn and garden services

* Motor vehicle parts/supply, retail

Peddler

Personal improvement service

Personal service

Retail sales

Studio, fine arts

Veterinary hospital/clinic

Wholesale sales

F.

Miscellaneous uses:

* Amateur radio tower

(11-17-16; 7-19-18; 1-21-21.)

The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary u se regulations, for those specific uses.

A.

Agricultural uses:

Agricultural farm product processing, warehousing and distribution service

Greenhouse, private

* Sawmill

* Stable, commercial

• Not in conjunction with residence

B.

Residential uses:

Group home

C.

Civic uses:

* Adult care center

Assisted living facility

*Cemetery

• Church

• Private

• Public

* Child care institution

Educational facility college/university

Public sports/event facility

* Public maintenance and service facility

* Religious assembly

Transit station

* Utility service/major

D.

Commercial uses:

Auction establishment

* Bed and breakfast

Boating and fishing facilities

Business or trade school

Catering

Commercial indoor amusement

Commercial indoor entertainment

* Commercial outdoor entertainment/sports and recreation

* Commercial outdoor swimming pool and tennis facility

Construction sales and service

* Contractor office and storage facility

* Convenience store

* Crematorium

Dance hall

* Flea market

* Gasoline station

Hospital

Hospital, special care

Hotels/motels/motor lodge/inn

*Kennel, commercial

*Marina

Medical clinic

* Micro-brewery, distillery, cidery

* Mini-warehouse

* Motor vehicle dealership/new

* Motor vehicle dealership/used

* Motor vehicle/rental

* Motor vehicle repair service/major

* Motor vehicle repair service/minor

Pawn shop

Recreational vehicle sales and service

* Restaurant, drive-in fast food

Restaurant general

Tattoo parlor

* Taxidermy

Truck stop

F.

Industrial uses:

Custom manufacturing

* Shipping container

G.

Miscellaneous uses:

* Communication tower

Parking facility, surface/structure

* Reconstructed wetland

(11-17-16; 7-19-18; 11-15-18.)

A.

Minimum lot area:

1.

Minimum lot area: Twenty thousand (20,000) square feet.

2.

The required minimum area for lots served by private water or private sewer facilities may be increased when the Isle of Wight County Health Department requires a larger parcel to satisfy an on-site sewage disposal system.

B.

Minimum lot width: .....One hundred (100) feet. (11-17-16; 7-19-18; 11-15-18.)

A.

Maximum height of structures:

1.

All structures: Thirty-five (35) feet of three (3) stories, whichever is lesser.

a.

The height limit for principle structures may be increased to fifty (50) feet or up to five (5) stories, whichever is lesser; provided, that each required yard is increased one (1) foot for each additional foot of principle structure height over thirty-five (35) feet.

b.

Where structures exceed the thirty-five-foot height requirement a building separation of thirty (30) feet shall be required.

B.

Maximum density:

1.

Floor area ratio for nonresidential: Thirty-five hundredths (0.35) square foot per foot of net developable area.

C.

Minimum setback requirements:

1.

Front yard: Thirty-five (35) feet.

2.

Side yard: Five (5) feet. The side yard requirement may be reduced or waived by the zoning administrator when a principle structure is a part of a shopping center.

3.

Rear yard: Five (5) feet. The rear yard requirement may be reduced or waived by the zoning administrator when a principle structure is part of a shopping center.

D.

Maximum lot coverage: .....Sixty percent (60%).

E.

Minimum open space ratio (OSR): .....Twenty-five percent (25%). (11-17-16; 7-19-18; 11-15-18.)

A.

Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements.

B.

Refer to article VI for regulations with the historic overlay (HO) district, highway corridor overlay (HCO) district, floodplain management overlay (FPMO) district, and the Newport development service overlay (NDSO) district.

C.

Refer to article VII for general design guidelines and development review procedures.

D.

Refer to article VIII for landscaping and open space standards.

E.

Refer to article IX for sign standards.

F.

Refer to article X for vehicle parking facilities requirements.

G.

Refer to article XI for outdoor lighting requirements and restrictions. (11-17-16; 7-19-18; 11-15-18.)

This district is intended to provide the full range of commercial activities and establishments which are not primarily related to residential developments and which require accessibility from higher order roadways than the LC district.

This district is also intended to accommodate high auto-oriented uses such as auto sales and service, convenience stores, motor vehicle fuel stations as well as planned shopping centers. Performance standards are included to ensure that access points are controlled, landscape surface ratios are adequate and street buffering complement the standards set in the highway corridor overlay district (HCO). (11-17-16; 7-19-18; 11-15-18.)

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

Agricultural farm equipment sales and service

Agricultural feed, seed, and farm supply service

Agricultural service/agent

Farmer's market

* Forestry operation, silvicultural and/or timbering

Greenhouse, commercial and/or nursery

• Not in conjunction with residence

B.

Residential uses:

* Accessory apartment

• Commercial accessory apartment

C.

Civic uses:

Administrative service

* Adult care center

Assisted living facility

* Child care center

Club

* Community center

Crisis center

Cultural service

* Educational facility primary/secondary

Life care facility

* Modular classroom

* Nursing home

Park and ride facility

Post office

Public sports/event facility

* Public park and recreational area

Public safety service

Rehabilitation service

Transit station

* Utility service/minor

D.

Office uses:

Financial institution

General office

Laboratory

Medical office

E.

Commercial uses:

Auction establishment

Business support service

Business or trade school

Car wash

Catering

Commercial indoor amusement

Commercial indoor entertainment

* Commercial indoor sports and recreation

* Construction office, temporary

Construction sales and service

* Contractor office and storage facility

Event center

* Funeral home

* Garden center

* Golf course

* Golf driving range

Hospital

Hotel/motel/motor lodge/inn

Itinerant merchant

Lawn and garden services

* Marina

Medical clinic

* Micro-brewery, distillery, cidery

* Motor vehicle dealership/new

* Motor vehicle parts/supply and retail

* Motor vehicle/rental

* Motor vehicle repair service/major

* Motor vehicle repair service/minor

Pawn shop

Peddler

Personal improvement service

Personal service

* Restaurant, drive-in fast food

Restaurant, general

Retail sales

Studio, fine arts

Tattoo parlor

Taxidermy

Veterinary hospital/clinic

Wholesale sales

F.

Industrial uses:

Custom manufacturing

G.

Miscellaneous uses:

* Amateur radio tower

(11-17-16; 7-19-18; 11-15-18; 2-19-19; 1-21-21.)

The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, use and design standards, for those specific uses.

A.

Agricultural uses:

Aquaculture

Aquaculture, waterfront business

Greenhouse, private

* Sawmill

* Stable, commercial

• Not in conjunction with residence

B.

Civic uses:

* Cemetery

• Church

• Private

• Public

* Child care institution

Educational facility, college/university

* Public maintenance and service facility

* Religious assembly

* Utility service/major

C.

Commercial uses:

* Bed and breakfast

Boating and fishing facilities

* Commercial outdoor entertainment/sports and recreation

* Commercial outdoor swimming pool and tennis facility

* Convenience store

* Crematorium

Dance hall

Equipment sales and rental

* Flea market

* Gasoline station

Hospital, special care

* Kennel, commercial

Laundry

Manufactured home sales

* Mini-warehouse

* Motor vehicle dealership/used

Motor vehicle/outdoor storage

Recreational vehicle sales and service

Truck stop

[D.

Reserved:]

E.

Industrial uses:

* Construction yard

Refuse and recycling center

F.

Miscellaneous uses:

* Communication tower

Parking facility, surface/structure

* Reconstructed wetland

(11-17-16; 7-19-18; 11-15-18.)

A.

Minimum lot area:

1.

Minimum lot area: Twenty thousand (20,000) square feet.

2.

The required minimum area for lots served by private water or private sewer facilities may be increased when the Isle of Wight County Health Department requires a larger parcel to satisfy an on-site sewage disposal system.

B.

Minimum lot width: .....One hundred (100) feet. (11-16-17; 7-19-18; 11-15-18.)

A.

Maximum height of structures:

1.

All structures: Thirty-five (35) feet or three (3) stories, whichever is less.

a.

The height limit for principal structures may be increased to fifty (50) feet or up to five (5) stories, whichever is lesser; provided, that each required yard is increased one (1) foot for each additional foot of principal structure height over thirty-five (35) feet.

b.

Where structures exceed the thirty-five-foot height requirement a building separation of thirty (30) feet shall be required.

B.

Maximum density:

1.

Floor area ratio for nonresidential: One-half (0.50) square foot per foot of net developable area.

C.

Minimum setback requirements:

1.

Front yard: Thirty-five (35) feet.

2.

Side yard: Five (5) feet. The side yard requirement may be reduced or waived by the zoning administrator when a principal structure is a part of a shopping center.

3.

Rear yard: Five (5) feet. The rear yard requirements may be reduced or waived by the zoning administrator when a principal structure is a part of a shopping center.

D.

Maximum lot coverage: .....Sixty percent (60%).

E.

Minimum open space ratio (OSR): .....Twenty-five percent (25%). (11-17-16; 7-19-18; 11-15-18.)

A.

Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements.

B.

Refer to article VI for regulations with the historic overlay (HO) district, highway corridor overlay (HCO) district, floodplain management overlay (FPMO) district, and the Newport development service overlay (NDSO) district.

C.

Refer to article VII for general design guidelines and development review procedures.

D.

Refer to article VIII for landscaping and open space standards.

E.

Refer to article IX for sign standards.

F.

Refer to article X for vehicle parking facilities requirements.

G.

Refer to article XI for outdoor lighting requirements and restrictions. (11-17-16; 7-19-18; 11-15-18.)

This district is intended to provide an environment suitable for industrial activities that do not create appreciable nuisances, hazards or threats to the natural environment or surrounding development. This district is intended to provide for a variety of industrial operations which are capable of meeting modern performance and environmental standards appropriate to a business/industrial park setting and location. (11-17-16; 7-19-18; 11-15-18.)

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

Agricultural farm equipment sales and service

Agricultural farm product processing, warehousing and distribution service

Agricultural feed, seed, and farm supply service

Agricultural service/agent

* Forestry operation, silvicultural and/or timbering

Greenhouse, commercial and/or nursery

• Not in conjunction with residence

* Sawmill

B.

Civic uses:

Administrative service

* Adult care center

* Child care center

Park and ride facility

Public sport/events facility

* Public maintenance and service facility

Public safety service

Transit station

* Utility service/minor

C.

Office uses:

General office

Laboratory

D.

Commercial uses:

Auction establishment

Business or trade school

Car wash

Commercial indoor amusement

Commercial indoor entertainment

* Commercial indoor sports and recreation

* Construction office, temporary

Construction sales and service

* Contractor office and storage facility

* Convenience store

Equipment sales and rental

* Garden center

* Golf driving range

Laundry

Lawn and garden services

* Micro-brewery, distillery, cidery

* Mini-warehouse

Motor vehicle/outdoor storage

*Motor vehicle parts/supply, retail

* Motor vehicle/rental

* Motor vehicle repair service/major

* Motor vehicle repair service/minor

Pawn shop

Retail sales

Studio, fine arts

Tattoo parlor

* Taxidermy

Truck stop

Wholesale sales

E.

Industrial uses:

Brewery, distillery, cidery

* Construction yard

Custom manufacturing

Industry, Type I

* Recycling center

Refuse and recycling center

* Shipping container

Transfer station

Warehousing and distribution

F.

Miscellaneous uses:

* Amateur radio tower

(11-17-16; 7-19-18; 11-15-18.)

The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

Agriculture

Aquaculture

Aquaculture, waterfront business

* Commercial feedlot

* Livestock auction market

* Reptile breeding

Viticulture

B.

Civic uses:

* Cemetery

• Private

• Public

* Utility service/major

C.

Commercial uses:

Boating and fishing facilities

Business support service

* Commercial outdoor entertainment/sports and recreation

* Crematorium

Dance hall

* Flea market

* Funeral home

* Gasoline station

* Hotel/motel/motor lodge/inn

* Kennel, commercial

Manufactured home sales

* Marina

Personal improvement service

Personal service

* Restaurant, drive-in fast food

Restaurant, general

D. Industrial uses:

Industry, Type II

* Landfill, industrial

* Landfill, rubble

* Sawmill, commercial

* Scrap and salvage service

* Towing service storage yard

E.

Miscellaneous uses:

* Communication tower

Parking facility, surface/structure

* Reconstructed wetland

(11-17-16; 7-19-18; 11-15-18.)

A.

Minimum lot requirements:

1.

Minimum lot area: Twenty thousand (20,000) square feet.

2.

The required minimum area for lots served by private water or private sewer facilities may be increased when the Isle of Wight County Health Department requires a larger parcel to satisfy an on-site sewage disposal system.

B.

Minimum lot width: .....One hundred (100) feet. (11-17-16; 7-19-18; 11-15-18.)

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:

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.

4.

For parcels directly adjacent to an existing residential subdivision of at least five (5) lots recorded on the same plat as of July 1, 2025, the minimum setback for new industrial uses consisting of one (1) building shall be one hundred (100) feet and two hundred (200) feet for industrial uses with two (2) or more buildings, not including accessory buildings, from the side and rear property line adjacent to the residential subdivision. Within the required setback, there shall be no development, clearing, grading, or construction activity with the following exceptions:

a.

Roadway or driveway access to the portion of the site not in the minimum residential setback is permitted provided that it is approximately perpendicular to the arterial public right-of-way;

b.

Water, sanitary sewer, storm drainage, to include stormwater management ponds, electrical, telephone, natural cable, and utility service lines may be installed below the surface of the ground at right angles, provided that the natural vegetation is preserved and protected to the greatest extent practicable, and landscaping requirements are met;

c.

Sidewalks, pedestrian pathways and bicycle paths designed to provide continuous connection along the road corridor may be permitted, provided that they can be constructed without materially reducing the screening and visual softening capacity of the required landscaping;

d.

Signs are permitted in accordance with article IX;

e.

Clearing for sight distances is permitted at the entrances and exits to any development as needed to provide for reasonable traffic safety, in accordance with accepted traffic engineering practices recommended or required by the Virginia Department of Transportation;

f.

The trimming of existing limbs or branches of preserved trees is permitted when approved by the zoning administrator;

g.

There shall be an earthen berm with a minimum height of ten (10) feet installed in the required setback between the residential use and the industrial use in addition to a minimum of three (3) rows of staggered evergreen landscaping planted a maximum of ten (10) feet on center.

h.

A sound study shall be required with the submittal of the application for the industrial use. The new development shall implement a sound wall or other mitigation measure as recommended in the study in addition to the berm and landscaping requirements as approved by the zoning administrator.

i.

The board of supervisors may exempt, wholly or partially, any new proposed industrial development adjacent to existing residential subdivisions from the requirements of this section. In granting exemptions, the board of supervisors with a recommendation by the planning commission may impose reasonable conditions.

D.

Maximum lot coverage: .....Sixty percent (60%).

E.

Minimum open space ratio (OSR): .....Twenty-five percent (25%). (11-17-16; 7-19-18; 11-15-18; 4-17-25.)

A.

Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements.

B.

Refer to article VI for regulations with the historic overlay (HO) district, highway corridor overlay (HCO) district, floodplain management overlay (FPMO) district, and the Newport development service overlay (NDSO) district.

C.

Refer to article VII for general design guidelines and development review procedures.

D.

Refer to article VIII for landscaping and open space standards.

E.

Refer to article IX for sign standards.

F.

Refer to article X for vehicle parking facilities requirements.

G.

Refer to article XI for outdoor lighting requirements and restrictions. (11-17-16; 7-19-18; 11-15-18.)

The general industrial district is reserved to accommodate those industrial activities which may produce moderate nuisances or hazards in areas that are relatively remote from residential and business development. The performance standards established for this district are not intended to be as strict as for the LI district. (11-17-16; 7-19-18; 11-15-18.)

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

Agricultural farm equipment sales and service

Agricultural farm product processing, warehousing and distribution service

Agricultural feed, seed, and farm supply service

Agricultural service/agent

* Commercial feedlot

* Forestry operation, silvicultural and/or timbering

Greenhouse, commercial and/or nursery

• Not in conjunction with residence

* Livestock auction market

* Sawmill

B.

Civic uses:

Administrative service

* Adult care center

Park and ride facility

* Public maintenance and service facility

Public safety service

Transit station

* Utility service/minor

C.

Office uses:

Laboratory

D.

Commercial uses:

Auction establishment

Boating and fishing facilities

Business or trade school

Car wash

* Construction office, temporary

Construction sales and service

* Contractor office and storage facility

* Convenience store

Equipment sales and rental

Garden center

Laundry

Lawn and garden services

* Micro-brewery, distillery, cidery

* Mini-warehouse

Motor vehicle/outdoor storage

* Motor vehicle parts/supply, retail

* Motor vehicle/ rental

* Motor vehicle repair service/major

* Motor vehicle repair service/minor

Tattoo parlor

* Taxidermy

Truck stop

Wholesale sales

E.

Industrial uses:

Brewery, distillery, cidery

* Construction yard

Custom manufacturing

Industry, Type I

Industry, Type II

Meat packing

* Recycling center

Refuse and recycling center

* Sawmill, commercial

* Shipping container

Transfer station

Warehousing and distribution

F.

Miscellaneous uses:

* Amateur radio tower

(11-17-16; 7-19-18; 11-15-18.)

The following uses are allowed only by conditional permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

Agriculture

Aquaculture

Aquaculture, waterfront business

* Reptile breeding

Viticulture

B.

Civic uses:

Correctional facility

* Utility service/major

C.

Commercial uses:

* Adult entertainment establishment

* Commercial outdoor entertainment/sports and recreation

* Flea market

* Gasoline station

* Kennel, commercial

D.

Industrial uses:

* Abattoir or livestock processing

* Asphalt/concrete plant

Industry, Type III

* Landfill, industrial

* Landfill, rubble

* Resource extraction

* Scrap and salvage service

* Towing service storage yard

E.

Miscellaneous uses:

* Aviation facility, commercial

* Aviation facility, general

* Aviation facility, private

* Communication tower

Parking facility, surface/structure

* Reconstructed wetland

* Shooting range, outdoor

* Turkey shoot

(11-17-16; 7-19-18; 11-15-18.)

A.

Minimum lot requirements:

1.

Minimum lot area: Twenty thousand (20,000) square feet.

2.

The required minimum area for lots served by private water or private sewer facilities may be increased when the Isle of Wight County Health Department requires a larger parcel to satisfy an on-site sewage disposal system.

B.

Minimum lot width: .....One hundred (100) feet. (11-17-16; 7-19-18; 11-15-18.)

A.

Maximum height of structure:

1.

All structures: Seventy-five (75) feet.

a.

The side and rear yard setbacks for any structure in excess of thirty-five (35) feet in height shall be increased one (1) foot for each additional foot of structure height over thirty-five (35) feet.

b.

Where structures exceed the thirty-five-foot height requirement a building separation of thirty (30) feet shall be required.

c.

See subsection 5-2000.D, for exceptions to height limits.

B.

Maximum density:

1.

Floor area ratio for nonresidential: One-sixth (0.60) square foot per foot of net developable area.

C.

Minimum setback requirements:

1.

Front yard: Thirty-five (35) feet.

a.

Industrial uses shall meet a setback of one hundred (100) feet, except that office buildings associated with the industrial use may meet the minimum setback of thirty-five (35) feet.

b.

For lots within designated industrial park of twenty (20) acres or more, office buildings associated with the industrial use shall meet a setback of thirty-five (35) feet.

2.

Side yard: Twenty (20) feet.

3.

Rear yard: Twenty (20) feet.

4.

For parcels directly adjacent to an existing residential subdivision of at least five (5) lots recorded on the same plat as of July 1, 2025, the minimum setback for new industrial uses consisting of one (1) building shall be one hundred (100) feet and two hundred (200) feet for industrial uses consisting of two (2) more buildings, not including accessory buildings, from the side and rear property line adjacent to the residential subdivision. Within the required setback, there shall be no development, clearing, grading, or construction activity with the following exceptions:

a.

Roadway or driveway access to the portion of the site not in the minimum residential setback is permitted provided that it is approximately perpendicular to the arterial public right-of-way;

b.

Water, sanitary sewer, storm drainage, to include stormwater management ponds, electrical, telephone, natural cable, and utility service lines may be installed below the surface of the ground at right angles, provided that the natural vegetation is preserved and protected to the greatest extent practicable, and landscaping requirements are met;

c.

Sidewalks, pedestrian pathways and bicycle paths designed to provide continuous connection along the road corridor may be permitted, provided that they can be constructed without materially reducing the screening and visual softening capacity of the required landscaping;

d.

Signs are permitted in accordance with article IX;

e.

Clearing for sight distances is permitted at the entrances and exits to any development as needed to provide for reasonable traffic safety, in accordance with accepted traffic engineering practices recommended or required by the Virginia Department of Transportation;

f.

The trimming of existing limbs or branches of preserved trees is permitted when approved by the zoning administrator;

g.

There shall be an earthen berm with a minimum height of ten (10) feet installed in the required setback between the residential use and the industrial use in addition to a minimum of three (3) rows of staggered evergreen landscaping planted a maximum of ten (10) feet on center.

h.

A sound study shall be required with the submittal of the application for the industrial use. The new development shall implement a sound wall or other mitigation measure as recommended in the study in addition to the berm and landscaping requirements as approved by the zoning administrator.

i.

The board of supervisors may exempt, wholly or partially, any new proposed industrial development adjacent to existing residential subdivisions from the requirements of this section. In granting exemptions, the board of supervisors with a recommendation by the planning commission may impose reasonable conditions.

D.

Maximum lot coverage: .....Sixty percent (60%).

E.

Minimum open space ratio (OSR): .....Twenty-five percent (25%). (11-17-16; 7-19-18; 11-15-18; 4-17-25.)

A.

Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements.

B.

Refer to article VI for regulations with the historic overlay (HO) district, highway corridor overlay (HCO) district, floodplain management overlay (FPMO) district, and the Newport development service overlay (NDSO) district.

C.

Refer to article VII for general design guidelines and development review procedures.

D.

Refer to article VIII for landscaping and open space standards.

E.

Refer to article IX for sign standards.

F.

Refer to article X for vehicle parking facilities requirements.

G.

Refer to article XI for outdoor lighting requirements and restrictions. (11-17-16; 7-19-18; 11-15-18.)

The general industrial conservation district is intended to protect and promote heavy industrial operations in existence or under construction at the time of adoption of this ordinance and to prevent such operations from becoming nonconforming under the terms of this ordinance. The GIC district is further intended to permit the efficient development and redevelopment of land for uses related to such existing heavy industrial operations. (11-17-16; 7-19-18; 11-15-18.)

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

Agricultural farm equipment sales and service

Agricultural farm product processing, warehousing and distribution service

Agricultural feed, seed, and farm supply service

Agricultural service/agent

* Forestry operation, silvicultural and/or timbering

Greenhouse, commercial and/or nursery

• Not in conjunction with residence

* Sawmill

B.

Civic uses:

Administrative service

* Adult care center

Park and ride facility

* Public maintenance and service facility

Public safety service

Transit station

* Utility service/minor

C.

Office uses:

General office

D.

Commercial uses:

Auction establishment

Boating and fishing facilities

Business or trade school

* Construction office, temporary

Construction sales and service

* Contractor office and storage facility

Equipment sales and rental

Garden center

* Micro-brewery, distillery, cidery

* Mini-warehouse

Motor vehicle/outdoor storage

Wholesale sales

E.

Industrial uses:

* Abattoir or livestock processing

Brewery, distillery, cidery

* Construction yard

Industry, Type I

Industry, Type II

Meat packing

* Recycling center

Refuse and recycling center

* Sawmill, commercial

* Shipping container

Transfer station

Warehousing and distribution

F.

Miscellaneous uses:

* Amateur radio tower

(11-17-16; 7-19-18; 11-15-18.)

The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

Agriculture

Aquaculture

Aquaculture, waterfront business

* Commercial feedlot

* Livestock auction market

Viticulture

B.

Civic uses:

Correctional facility

* Utility service/major

C.

Industrial uses:

* Asphalt/concrete plant

Industry, Type III

* Landfill, industrial

* Landfill, rubble

* Resource extraction

* Scrap and salvage service

* Towing service storage yard

D.

Miscellaneous uses:

* Aviation facility, commercial

* Aviation facility, general

* Aviation facility, private

* Communication tower

Parking facility, surface/structure

* Reconstructed wetland

* Shooting range, outdoor

* Turkey shoot

(11-17-16; 7-19-18; 11-15-18.)

A.

Minimum lot requirements:

1.

Minimum lot area: Twenty thousand (20,000) square feet.

2.

The required minimum area for lots not served by either public water or sewer facilities may be increased when the Isle of Wight County Health Department requires a larger parcel to satisfy an on-site sewage disposal system.

B.

Minimum lot width: .....One hundred (100) feet. (11-17-16; 7-19-18; 11-15-18.)

A.

Maximum height of structures:

1.

All structures: Seventy-five (75) feet.

a.

The side and rear yard setbacks for any structure in excess of thirty-five (35) feet in height shall be increased one (1) foot for each additional foot of structure height over thirty-five (35) feet.

b.

Where structures exceed the thirty-five-foot height requirement a building separation of thirty (30) feet shall be required.

c.

See subsection 5-2000.D, for exceptions to height limits.

B.

Minimum setback requirements:

1.

Front yard: Thirty-five (35) feet.

a.

Industrial uses shall meet a setback of one hundred (100) feet from the right-of-way of any existing street which abuts or borders the use, except that uses located within a designated industrial park of twenty (20) acres or more shall meet a setback of fifty (50) feet from any street right-of-way.

b.

For lots within a designated industrial park of twenty (20) acres or more, office buildings associated with the industrial use shall meet a setback of thirty-five (35) feet.

2.

Side yard: Twenty (20) feet.

3.

Rear yard: Twenty (20) feet.

4.

For parcels directly adjacent to an existing residential subdivision of at least five (5) lots recorded on the same plat as of July 1, 2025, the minimum setback for new industrial uses consisting of one (1) building shall be one hundred (100) feet and two hundred (200) feet for industrial uses with two (2) or more buildings, not including accessory buildings, from the side and rear property line adjacent to the residential subdivision. Within the required setback, there shall be no development, clearing, grading, or construction activity with the following exceptions:

a.

Roadway or driveway access to the portion of the site not in the minimum residential setback is permitted provided that it is approximately perpendicular to the arterial public right-of-way;

b.

Water, sanitary sewer, storm drainage, including stormwater management ponds, electrical, telephone, natural cable, and utility service lines may be installed below the surface of the ground at right angles, provided that the natural vegetation is preserved and protected to the greatest extent practicable, and landscaping requirements are met;

c.

Sidewalks, pedestrian pathways and bicycle paths designed to provide continuous connection along the road corridor may be permitted, provided that they can be constructed without materially reducing the screening and visual softening capacity of the required landscaping;

d.

Signs are permitted in accordance with article IX;

e.

Clearing for sight distances is permitted at the entrances and exits to any development as needed to provide for reasonable traffic safety, in accordance with accepted traffic engineering practices recommended or required by the Virginia Department of Transportation;

f.

The trimming of existing limbs or branches of preserved trees is permitted when approved by the zoning administrator;

g.

There shall be an earthen berm with a minimum height of ten (10) feet installed in the required setback between the residential use and the industrial use in addition to a minimum of three (3) rows of staggered evergreen landscaping planted a maximum of ten (10) feet on center.

h.

A sound study shall be required with the submittal of the application for the industrial use. The new development shall implement a sound wall or other mitigation measure as recommended in the study in addition to the berm and landscaping requirements as approved by the zoning administrator.

i.

The board of supervisors may exempt, wholly or partially, any new proposed industrial development adjacent to existing residential subdivisions from the requirements of this section. In granting exemptions, the board of supervisors with a recommendation by the planning commission may impose reasonable conditions. (11-17-16; 7-19-18; 11-15-18; 4-17-25.)

A.

Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements.

B.

Refer to article VI for regulations with the historic overlay (HO) district, highway corridor overlay (HCO) district, floodplain management overlay (FPMO) district, and the Newport development service overlay (NDSO) district.

C.

Refer to article VII for general design guidelines and development review procedures.

D.

Refer to article VIII for landscaping and open space standards.

E.

Refer to article IX for sign standards.

F.

Refer to article X for vehicle parking facilities requirements.

G.

Refer to article XI for outdoor lighting requirements and restrictions. (11-17-16; 7-19-18; 11-15-18.)

Planned development districts are designed to encourage innovative and creative design of residential, commercial, and industrial development with an improved level of amenities, appropriate and harmonious to the development; facilitate use of the most advantageous construction techniques; and maximize the conservation and efficient use of open space and natural features. These districts are designed to further the purposes and provisions of the comprehensive plan and to conserve public fiscal resources, efficiently utilize public facilities and resources, provide a broad range of housing and economic opportunities to present and future residents of the county. (11-17-16; 7-19-18; 11-15-18.)

The following types of planned developments shall be permitted subject to the provisions of this article:

A.

Planned development residential: PD-R district.

B.

Planned development manufactured home district: PD-MH district.

C.

Planned development commercial park: PD-CP district.

D.

Planned development mixed use: PD-MX district.

E.

Planned development industrial park: PD-IP district. (11-17-16; 7-19-18; 11-15-18.)

Rezoning to a planned development district will be permitted only in accordance with a master development plan which is recommended by the planning commission and approved by the board of supervisors in accordance with the procedures and standards contained within this ordinance. (11-17-16; 7-19-18; 11-15-18.)

In order to further the purpose and intent of the comprehensive plan, the following regulations shall guide the location of planned developments. A planned development district may only be created within the boundaries of the designated development service districts, subject to all requirements of this ordinance.

The development shall be so located and developed that it will not exceed the capacity of the adjacent roads which serve the property, or the capacity of public sewer and water systems in the event connections to them are proposed, or the capacity to provide reasonable and timely response to requests for police, fire and ambulance services unless the applicant shall dedicate right-of-way, contribute to the construction of new facilities or create such facilities to the extent of his fair share of such as a percentage of his land developed and so served. The rate of development shall not exceed the rate of construction and increasing capacity of the limiting facilities. (11-17-16; 7-19-18; 11-15-18.)

Any application for the designation to a planned development district shall be accompanied by a master development plan and shall meet the requirements set forth in this ordinance for requesting zoning amendments pursuant to section 1-1015.

A.

Preapplication requirement. .....Prior to filing an application for planned development, the applicant shall prepare a preliminary plan showing the concept, character and nature of the proposed development for review by the director of planning and zoning and other county department heads or their designees, as the director deems appropriate. The preliminary plan shall show the following information:

1.

Location of residential and nonresidential land uses;

2.

Categories of uses to be permitted;

3.

Overall maximum density of residential uses and intensity of nonresidential uses;

4.

Location of vehicular and pedestrian circulation systems;

5.

Location and extent of public and private open space and community facilities;

6.

Location of sewer, water, and drainage systems; and

7.

Projected phasing of development.

Upon completion of the preliminary plan review by the director of planning and zoning, the applicant shall be provided with written comments and/or recommendations as may be used to inform and assist the applicant in preparing an application for approval of the planned development. Upon request by the director or the applicant, a pre-application conference may be held. No communications received by the applicant or the county in conjunction with review and comment on the preliminary plan are binding on either the county or the applicant. (11-17-16; 7-19-18; 11-15-18.)

Applications for a planned development amendment shall be submitted as required for other zoning amendments. Materials submitted with the application or on subsequent request by the planning commission shall include all plans, maps, studies and reports which may reasonably be required to make the determinations called for in the particular case, with sufficient copies for necessary referrals and records. All maps taken together with all reports and other written materials shall be considered the master development plan.

The following shall be submitted for a planned development application:

A.

The names and addresses of all professional consultants advising the applicant with respect to the proposed planned development.

B.

A written statement generally describing the proposed planned development, the market which it is intended to serve and its relationship to the Isle of Wight County Comprehensive Plan.

C.

A general land use plan prepared by a licensed surveyor, engineer, architect, landscape architect or planner utilizing a scale so that the entire parcel can be shown on one (1) piece of paper no larger than thirty (30) inches by forty (40) inches. In no case, however, shall the scale be less than one (1) inch equals eight hundred (800) feet. The scale used shall be acceptable to the director of planning and zoning.

The general land use plan shall include, but not be limited to:

1.

An inset map at a scale of not less than one (1) inch equals one (1) mile showing the property in relation to surrounding roads, subdivision or major landmarks.

2.

A north arrow and graphic scale.

3.

The location of existing property lines, watercourses or lakes, wooded areas and existing roads which are within or adjoin the property.

4.

A description of the type, location and nature of land use within each area of the development, including intensity of use. Intensity of use may be regulated as follows:

a.

For nonresidential development, the intensity of development may be regulated: (a) by specifying the maximum square footage or gross leasable area, (b) by specifying setbacks, height and bulk restrictions, or (c) by a combination of such restrictions for the project as a whole or for components or subareas within the project. In addition, nonresidential planned development plans may specify performance standards to be imposed on the project and restrictions regarding location and nature of industrial, commercial and other nonresidential activities. The maximum density of a nonresidential planned development shall not exceed the maximum density allowed under the planned development commercial park (section 4-17000), planned development mixed use (section 4-18000) and planned development industrial park (section 4-19000) districts, whichever may be applicable.

b.

The maximum number of dwelling units in a planned development shall not exceed the maximum density allowed under the planned development residential (section 4-15000), planned development manufactured home park (section 4-16000) and planned development mixed use (section 4-18000) districts, whichever may be applicable, and shall be calculated as set forth in the applicable district regulations.

5.

A proposed traffic circulation concept which illustrates both arterial and internal collector streets related to the development, including proposed right-of-way.

6.

A generalized layout and description of water and sewer service, schools, fire protection, recreation and similar essential services.

7.

A delineation and description of the minimum open space and common areas, the location of any proposed improvements within the open space and common areas, and any perimeter and buffer areas.

8.

A general statement describing the provision that is to be made for the dedication or care and maintenance of any public or private open space or service facilities.

9.

A tabulation of the following information:

a.

The total number of dwelling units proposed by type of structure;

b.

The total square feet of building floor area for nonresidential uses by general type;

c.

The total land area, expressed in acres and a percent of the total development area, proposed to be devoted to residential and nonresidential uses by type of use, and open space;

d.

The proposed schedule of off-street parking and loading spaces for each proposed type of land use; and

e.

Bulk, area and height restrictions specified for the project as a whole or for subareas and/or components of the project.

D.

A community impact statement in accordance with the requirements of subsection 1-1015.F.

E.

A plan or report indicating the extent, timing, and estimated cost of all off-site improvements such as roads, water, sewer and drainage facilities necessary to the construction of the planned development. Such plan or report shall relate to the sequence of development. If the planned development is proposed for construction in phases during a period extending beyond one (1) year, a proposed development schedule shall be submitted for each phase stating the following:

1.

The overall chronology of development to be followed from phase to phase with approximate dates for beginning and completion of each development phase.

2.

The infrastructure improvements that will be completed with each phase of construction and the estimated cost of each phase.

3.

The proposed intensity of use for each type of land use to be provided or constructed during each phase and the projected market absorption for each use type.

4.

The total amount of public and private open space, and recreational uses to be provided or constructed during each phase.

F.

Evidence that the applicant has sufficient control over the subject property to effectuate the proposed planned development, including a statement of legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including a current certificate abstract of title of commitment from title insurance.

G.

Architectural sketches of typical proposed residential and nonresidential structures, typical recreation areas, typical landscaping and screening areas, and typical development clusters. In addition, architectural specifications, guidelines, review procedures, statement of architectural variety and enforcement mechanisms for architectural review of all buildings and structures shall be provided.

H.

The appropriate filing fee.

I.

All written and graphic information submitted as a part of an application for a planned development shall be considered as conditions of the application, and once approved by the board of supervisors, shall be binding on the property owner. (11-17-16; 7-19-18; 11-15-18.)

A.

A planned development shall comply with the following design criteria unless otherwise approved by the board of supervisors during the approval of the master development plan, with a recommendation from the planning commission:

1.

Dimensional and use requirements.

a.

Residential planned development shall be in accordance with the planned development residential (PD-R) district regulations and the planned development manufactured home park (PD-MH) regulations, whichever may be applicable.

b.

Commercial, office, public and semipublic planned development shall be in accordance with planned development commercial park (PD-CP).

c.

Industrial planned development shall be in accordance with planned development industrial park (PD-IP).

d.

Mixed-use planned development shall be in accordance with planned development mixed use (PD-MX).

2.

Utilities. .....All development within all planned development districts shall be served by public utility facilities.

3.

Street, sidewalks, street lighting and stormwater drainage.

a.

All streets, sidewalks, street lighting, and stormwater drainage improvements shall meet the design and construction requirements of all applicable county ordinances and Virginia Department of Transportation.

b.

Private streets may be permitted upon the approval of the board of supervisors.

c.

Pedestrian pathways or bikeways shall be provided and may be located parallel to the street or away from the road system with considerations for safety and convenient access, and the preservation of natural features and provide visual interests.

d.

Street lights shall generally be provided at each intersection and adequately spaced in parking lots and other public areas.

e.

Drainage facilities for the adequate control of stormwater drainage and erosion and sedimentation shall be provided in accordance with the Virginia Erosion and Sediment Control Handbook and the Virginia Department of Transportation Drainage Manual.

4.

[Fire hydrants.] .....Fire hydrants shall be at locations and of types approved by the county.

5.

[Other features.] .....Natural features and amenities, which would add value to the development or to the county as a whole, such as trees, watercourses, historical features, and similar irreplaceable assets, shall be preserved to the maximum extent possible.

6.

[Signs.] .....Signs shall be in accordance with ordinance requirements.

7.

Open space and recreation.

a.

Existing trees eight (8) inches or more in diameter measured at breast height (four and one-half (4½) feet from ground level) shall be given high priority in determining the location of open space, structures, underground utilities, walks, and paved areas. Areas in which trees are preserved shall remain at original grade level and shall remain undisturbed wherever possible.

b.

Developed open space shall be designed to provide active recreation facilities, which include such complementary improvements as are necessary and appropriate for the use, benefit, and enjoyment of the residents of the development.

c.

Undeveloped open space shall be designed to preserve important site amenities and environmentally sensitive lands.

8.

[Applicability.] .....Where development and/or design standards are not established by these districts or during the master plan approval process, the provisions of this ordinance shall apply, as determined by the zoning administrator.

B.

Variations to design criteria.

1.

Exceptions to the design criteria as outlined above under subsection A. may be granted by board of supervisors following a recommendation from the planning commission provided that:

a.

Such exception shall be solely for the purpose of promoting an integrated plan no less beneficial to the residents or occupants of the development, as well as neighboring property, than would be obtained under the applicable regulation.

b.

The uniqueness of the proposal requires that geometric design of streets, sidewalks and street lights be modified in the interest of the inhabitants and are not inconsistent with the interests of the county as a whole.

2.

It shall be the responsibility of the applicant to demonstrate to the satisfaction of the planning commission and the board of supervisors with respect to any requested waiver or modification:

a.

That the waiver or modification will result in design and construction that is in accordance with accepted engineering standards;

b.

That the waiver or modification is reasonable because of the high level of design and construction that will be incorporated in the planned development;

c.

That any waiver or modification to street geometry is reasonable with respect to the generation of vehicular traffic that is estimated to occur within the area of the master development plan;

d.

That any waiver or modification as to sidewalks required for collector streets or larger commercial areas, industrial areas and residential areas where densities exceed ten (10) dwelling units per acre be justified on the basis of anticipated pedestrian traffic or because other provisions are made for pedestrian traffic and that all sidewalks or pedestrian ways not within the public rights-of-way are maintained by the property owners' association;

e.

That traffic lanes of streets are sufficiently wide to carry the anticipated volume and speed of traffic;

f.

That the developer shall make provisions to have all streets, sidewalks and stormwater drainage modifications approved in advance by the Virginia Department of Transportation; and

g.

That the developer shall have provisions approved in advance by the director of public works for the maintenance of decorative street lights which are more expensive to maintain than county standard streetlights.

C.

Use exceptions.

1.

In the case of planned developments, the planning commission may recommend and board of supervisors may authorize, specific uses not permitted in the district, provided such uses do not occupy more than thirty percent (30%) of the gross acreage of the total project and that the board of supervisors consider the following in making their determination:

a.

That the uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development.

b.

That the uses permitted by such exception are not of such a nature or located so as to exercise a detrimental influence on the surrounding neighborhood.

2.

Conditional uses may be considered and granted as part of the approved master development plan.

D.

[Development standards and architectural guidelines.] .....Development standards and architectural guidelines in a master development plan approved by the board of supervisors that are designated as controlling over standards and guidelines for the highway corridor overlay (HCO) district, the Newport development service overlay (NDSO) district or supplemental use regulations specifically identified as conflicting by the applicant, shall be effective with respect to the related planned development. Standards and guidelines for the HCO district, the NDSO district or supplemental use regulations that are not specifically identified as conflicting and supplanted in the approved master development plan shall be effective with respect to the planned development. (11-17-16; 7-19-18; 11-15-18; 1-21-21.)

A.

Minor modifications.

1.

Minor modifications of the master development plan may be authorized by the planning commission, provided the modification will not:

a.

Change by more than ten percent (10%) (up to a maximum of ten (10) acres) the amount of area devoted to any residential or nonresidential use, provided that there is no increase in the total number of dwelling units.

b.

Decrease the amount of area devoted for private and/or public open space more than five percent (5%) (up to a maximum of five (5) acres).

c.

Relocate the approved circulation elements to any extent that would decrease the ability of such elements to function efficiently or adversely affect their relation to surrounding lands and circulation elements.

d.

Alter the arrangement of land uses, other than the expansion or contraction of the boundaries of approved land uses.

e.

Depart from the approved master development plan in any other manner which the planning commission shall, based on stated findings and conclusions, find materially alters the plan or concept for the proposed planned development.

f.

Be contrary to the legislative intent of the board of supervisors in approving said master development plan.

B.

Major modifications. .....Any proposed major modification, as determined by the planning commission, shall not be approved without amendment to the master development plan in accordance with the same procedures as specified for initial submission. (11-17-16; 7-19-18; 11-15-18.)

Planned development residential districts are designed to encourage innovative and creative design of residential development; facilitate use of the most advantageous construction techniques; maximize the conservation and efficient use of open space and natural features; and provide a variety of affordable types of housing. This district is limited to locations within the development service district(s) associated with the comprehensive plan where public benefits, in the form of highway improvements, utilities, affordable housing, parks, sites appropriate for construction of schools or other needed community facilities, are provided as a part of the development approval process in exchange for higher densities. Threshold size and location requirements for their designation are included to guide decisions concerning their location. (11-17-16; 7-19-18; 11-15-18.)

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

Farmer's market

* Forestry operation, silvicultural and/or timbering

B.

Residential uses:

* Accessory apartment

• Residential accessory apartment

• Commercial accessory apartment

* Community recreation

* Condominium

* Congregate housing

Dwelling, single-family

Dwelling, two-family duplex

* Family day care home

* Home occupation, Type I

* Multifamily dwelling

* Temporary emergency housing

* Townhouse

C.

Civic uses:

* Community center

Cultural service

* Educational facility, primary/secondary

Life care facility

* Modular classroom

* Nursing home

Post office

Public park and recreational area

* Utility service/minor

D.

Commercial uses:

* Construction office, temporary

* Golf course

Real estate office, temporary

* Short-term rental

E.

Miscellaneous uses:

* Amateur radio tower

* Reconstructed wetland

(11-17-16; 7-19-18; 11-15-18; 12-14-23(2).)

The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

Greenhouse, private

* Stable, commercial

• In conjunction with residence

* Stable, private

B.

Residential uses:

* Boathouse

* Dwelling, multifamily conversion

Group home

C.

Civic uses:

* Adult care center

Assisted living facility

* Cemetery

• Church

* Child care center

* Child care institution

Club

Educational facility, college/university

Halfway house

Park and ride facility

Public safety service

* Religious assembly

* Utility service/major

D.

Commercial uses:

* Bed and breakfast

Boarding house

Commercial indoor entertainment

* Commercial indoor sports and recreation

* Commercial outdoor swimming pool and tennis facility

* Marina

(7-19-18; 11-15-18.)

A.

Minimum tract size: .....Minimum area required for creation of a PD-R district shall be appropriately sized to meet all required lot size and bufferyard requirements, bulk regulations, and additional site plan requirements as specified in the zoning ordinance.

The minimum required area may be in a parcel in single ownership or in combination with contiguous parcels. If an application is to be made for rezoning to a planned development residential in contiguous parcels, the applicant must provide legal agreements showing marketable title to the subject properties and the source of the applicant's title and interest in the subject properties.

B.

Minimum lot area:

1.

Single-family detached home: Eight thousand (8,000) square feet.

2.

Zero lot line: Six thousand (6,000) square feet.

C.

Minimum lot width:

1.

Single-family detached home: Sixty (60) feet.

2.

Zero lot line: Fifty (50) feet.

D.

Minimum frontage requirements:

1.

Single-family detached: Forty-eight (48) feet.

2.

Zero lot line: Forty (40) feet.

E.

[Lot size compliance.] .....The lot size requirements for an attached townhouse or for a multifamily dwelling developments shall comply with the provisions in the supplementary use regulations in section 5-5002. (11-17-16; 7-19-18; 11-15-18.)

A.

All structures, including accessory structures, shall be located at least seventy (70) feet from the right-of-way of any existing street, which abuts or borders the development. (11-17-16; 7-19-18; 11-15-18.)

A.

Maximum building height:

1.

All buildings: .....Thirty-five (35) feet or three (3) stories, whichever is lesser.

B.

Maximum density:

1.

Conventional single-family subdivision: Three and one-half (3.5) dwelling units per acre.

2.

Floor area ratio for nonresidential: One-fourth (0.25) square foot per foot of net developable area.

3.

The density requirements for an attached townhouse or a multifamily dwelling development shall comply with the provisions in the supplementary use regulations in section 5-5002.

C.

Minimum setback requirements:

1.

Minimum front yard setback:

a.

Single-family detached: Twenty-five (25) feet.

b.

Zero lot line: Twenty-five (25) feet.

2.

Minimum side yard setback:

a.

Single-family detached: Eight (8) feet.

b.

Zero lot line: Zero (0) to ten (10) feet.

3.

Minimum rear yard setback:

a.

Single-family detached: Twenty (20) feet.

b.

Zero lot line: Twenty (20) feet.

4.

[Bulk regulations.] .....The bulk regulations for an attached townhouse or a multifamily dwelling development shall comply with the provisions in the supplementary use regulations in section 5-5002.

D.

Maximum lot coverage:

1.

Single-family detached: Forty percent (40%).

2.

Zero lot line: Fifty percent (50%).

3.

The maximum coverage requirements for an attached townhouse or a multifamily dwelling development shall comply with the provisions in the supplementary use regulations in section 5-5002.

E.

Landscaping:

1.

The minimum landscaping requirements for an attached townhouse or a multifamily dwelling development shall comply with the provisions in the supplementary use regulations in section 5-5002 and the requirements of article VIII. (11-17-16; 7-19-18; 11-15-18.)

A.

Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements.

B.

Refer to article VI for regulations with the historic overlay (HO) district, highway corridor overlay (HCO) district, floodplain management overlay (FPMO) district, and the Newport development service overlay (NDSO) district.

C.

Refer to article VII for general design guidelines and development review procedures.

D.

Refer to article VIII for landscaping, and open space standards.

E.

Refer to article IX for sign standards.

F.

Refer to article X for vehicle parking facilities requirements.

G.

Refer to article XI for outdoor lighting requirements and restrictions. (11-17-16; 7-19-18; 11-15-18.)

A.

The intent of the planned development manufactured home park district is to provide for planned manufactured home residential developments including related recreational and service facilities.

B.

It is further the purpose to provide sites for such developments at appropriate locations within Isle of Wight County in relation to the existing and potential development of the surrounding areas. These sites will be compatible with other uses and community facilities in such a manner as to afford a proper setting for such developments consistent with the objectives and recommendations of the comprehensive plan.

C.

It is the intent of the planned development manufactured home park district to provide the maximum amount of freedom possible in the design of manufactured home developments and the grouping and layout of manufactured homes within such developments; to provide the amenities normally associated with planned residential areas; to require the development of well-planned associated facilities and services linking residential and recreational facilities; to encourage site development plans which will maximize compatibility between manufactured home developments and the development on adjoining land; and, to permit freedom in type of ownership within manufactured home developments.

D.

In order to assist in achieving the flexibility of design needed for the implementation of these purposes, a master development plan is required to be submitted as a part of the rezoning application for a planned development manufactured home park district in accordance with section 4-14000, planned development districts. If the rezoning is granted, a detailed site plan must be submitted and approved prior to the issuance of a zoning and land disturbing permit. The site plan must comply with all of the specific and general requirements contained herein. (11-17-16; 7-19-18; 11-15-18.)

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

* Forestry operation, silvicultural and/or timbering

B.

Residential uses:

* Community recreation

* Home occupation, Type I

* Manufactured home, Class A

* Manufactured home, Class B

Manufactured home park

Manufactured home subdivision

C.

Civic uses:

* Utility service/minor

D.

Commercial uses:

* Construction office, temporary

Real estate office, temporary

* Short-term rental

E.

Miscellaneous uses:

* Amateur radio tower

(11-17-16; 7-19-18; 11-15-18; 12-14-23(2).)

The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations for those specific uses.

A.

Civic uses:

Park and ride facility

* Utility service/major

B.

Miscellaneous uses:

* Reconstructed wetland

(11-17-16; 7-19-18; 11-15-18.)

A.

Minimum tract size: .....The minimum required area may be in a parcel in single ownership or in combination with contiguous parcels. If an application is to be made for rezoning to planned development districts in contiguous parcels, the applicant must provide legal agreements showing marketable title to the subject properties and the source of the applicant's title and interest in the subject properties.

1.

Manufactured home park: .....Ten (10) acres.

2.

Manufactured home subdivision: .....Ten (10) acres.

3.

Manufactured home park and subdivision: .....Twenty (20) acres.

a.

In the case of a combination manufactured home park and subdivision, the park portion shall be separate from the subdivision and the subdivision portion shall consist of a minimum of ten (10) acres.

B.

Minimum lot area: .....Six thousand (6,000) square feet.

C.

Minimum lot width: .....Sixty (60) feet.

D.

Minimum lot frontage: .....Sixty (60) feet. (11-17-16; 7-19-18; 11-15-18.)

A.

In addition to the single-family residential lot landscaping requirements of subsection 8-1005.F, at a minimum, all manufactured home developments shall provide buffer zone landscaping between the development and any land not zoned or utilized for a manufactured home development. The buffer zone landscaping shall meet the design and points specifications for civic use types.

B.

All structures, including accessory structures, shall be located at least seventy (70) feet from the right-of-way of any existing street, which abuts or borders the development.

C.

No part of any manufactured home shall be located within ten (10) feet of any common driveway, pedestrian walkway, vehicle parking area or other common area within the manufactured home development.

D.

No manufactured home shall be located closer than forty (40) feet to any service building within the manufactured home development. (11-17-17; 7-19-18; 11-15-18.)

A.

Maximum building height:

1.

All buildings: .....Thirty (30) feet or two (2) stories, whichever is lesser.

B.

Density requirements:

1.

Maximum number of spaces or lots: .....Two hundred (200).

2.

Minimum number of spaces or lots: .....Fifteen (15).

3.

Manufactured home units per acre: .....Six (6).

4.

Floor area ratio for nonresidential: .....One-fourth (0.25) square feet per foot of net developable area.

C.

Minimum setback requirements:

1.

Minimum front yard setback: .....Twenty (20) feet.

2.

Minimum side yard setback:

a.

Interior lot or space:

One (1) side: Ten (10) feet.

Both sides: Twenty-five (25) feet.

b.

Corner lot or space: Twenty (20) feet.

3.

Minimum rear yard setback:

a.

Manufactured home park: Ten (10) feet.

b.

Manufactured home subdivision: Twenty (20) feet.

D.

Maximum building coverage: .....Thirty-five percent (35%).

E.

Minimum open space ratio: .....Forty percent (40%). (11-17-16; 7-19-18; 11-15-18.)

A.

[Compliance required.] .....All manufactured home subdivision developments shall further comply with the requirements of the Isle of Wight County Subdivision Ordinance.

B.

Design compatibility. .....The design of the manufactured home subdivision development shall provide for compatibility between the use and development of the adjacent land and the manufactured home development to the maximum extent possible, either by locating doublewide manufactured homes adjacent to land for which the comprehensive plan recommends a single-family detached zone, or by location of open spaces and landscaping, or by such other methods as may be desirable or appropriate.

C.

Utilities—Water and sewage systems. .....Manufactured home subdivision developments shall be provided with central water and public sewerage systems constructed in accordance with standards and specifications for such systems and be approved by all appropriate agencies including the Isle of Wight County Department of Public Utilities and the Hampton Roads Sanitation District.

D.

Private streets. .....Private streets shall meet the design, material and construction standards established by the Virginia Department of Transportation. A maintenance plan shall be prepared and submitted as part of the site development plan approval process.

E.

Utility lines. .....All utility lines shall be installed below the surface of the ground.

F.

Lighting. .....Lighting shall be installed in accordance with article XI (outdoor lighting requirements and restrictions) and shall be arranged to shine inward so that it does not encroach onto adjacent properties or impair the safe movement of traffic.

G.

Screening. .....In addition to the single-family residential lot landscaping requirements of section 8-1005 and the buffer zone requirements of section 4-16005, screening shall be utilized around all service structures, equipment, and/or outdoor storage yards in accordance with the screening zone specifications of section 8-1005.

H.

Open space. .....A minimum of forty percent (40%) of the total area of the tract to be developed, excluding rights-of-way, must be established in open space.

I.

Recreational areas. .....Not less than twenty-five percent (25%) of the open space shall be devoted to common recreational areas and facilities, such as playgrounds or community buildings. Where only one (1) recreational area is provided, it shall be in a central location conveniently accessible to all dwellings. In manufactured home subdivisions of fifteen (15) acres or larger, decentralized facilities may be provided. No recreation area shall be credited toward meeting these requirements unless it contains at least thirty thousand (30,000) square feet. Recreational facilities and areas shall be located, designed and improved so as to minimize traffic hazards to users and adverse effects on surrounding residential uses.

J.

Accessory uses and structures. .....Accessory uses and structures may be permitted as part of the manufactured home subdivision development. The following uses and structures are generally considered accessory or clearly incidental to the principal residential use:

1.

Storage buildings;

2.

Structures and facilities provided for the exclusive use of the residents of the manufactured home subdivision development (i.e., community centers, recreational areas, child care centers, etc.).

3.

Service buildings intended for public use and housing storage or sanitation and laundry facilities or any such facilities shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems. The service building shall be well lighted at all times of the day and night, shall be constructed of such moisture proof material, including painted woodwork, as shall permit repeated cleaning and washing and shall be maintained at a temperature of at least sixty-eight (68) degrees Fahrenheit during the period from October 1 to May 1. The floors of the service buildings shall be of water impervious material. All service buildings and grounds of the manufactured home subdivision development shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance.

K.

Management of common and open spaces in manufactured home subdivisions.

1.

All common and open spaces shall be preserved for their intended purpose as expressed on the approved subdivision plat.

2.

A management structure consisting of a nonprofit association, corporation, trust, or foundation for all owners of residential property within the development shall be established to insure the maintenance of open space and other facilities.

3.

The management structure shall be established prior to the sale of any property.

4.

Membership in the management structure shall be mandatory for all residential property owners, present or future, within the development.

5.

The management structure shall manage all common and open spaces, recreational and cultural facilities, and private streets, and shall provide for the maintenance, administration and operation of said land and improvements, and secure adequate liability insurance on the land. (11-17-16; 7-19-18; 11-15-18.)

A.

Design compatibility. .....The design of the manufactured home park development shall provide for compatibility between the use and development of the adjacent land and the manufactured home development to the maximum extent possible, either by locating doublewide manufactured homes adjacent to land for which the comprehensive plan recommends a single-family detached zone, or by location of open spaces and landscaping, or by such other methods as may be desirable or appropriate.

B.

Utilities—Water and sewage systems. .....Manufactured home park developments shall be provided with central water and public sewerage systems constructed in accordance with standards and specifications for such systems and be approved by all appropriate agencies including the Isle of Wight County Department of Public Utilities and the Hampton Roads Sanitation District.

C.

Private streets. .....Private streets shall meet the design, material and construction standards established by the Virginia Department of Transportation. A maintenance plan shall be prepared and submitted as part of the site development plan approval process.

D.

Utility lines. .....All utility lines shall be installed below the surface of the ground.

E.

Lighting. .....Lighting shall be installed in accordance with article XI (outdoor lighting requirements and restrictions) and shall be arranged to shine inward so that it does not encroach onto adjacent properties or impair the safe movement of traffic.

F.

Screening. .....In addition to the single-family residential lot landscaping requirements of section 8-1005 and the buffer zone requirements of section 4-16005, screening shall be utilized around all service structures, equipment, and/or outdoor storage yards in accordance with the screening zone specifications of section 8-1005.

G.

Open space. .....A minimum of forty percent (40%) of the total area of the tract to be developed, excluding rights-of-way, must be established in open space.

H.

Recreational areas. .....Not less than twenty-five percent (25%) of the open space shall be devoted to common recreational areas and facilities, such as playgrounds or community buildings. Where only one (1) recreational area is provided, it shall be in a central location conveniently accessible to all dwellings. In manufactured home park developments of fifteen (15) acres or larger, decentralized facilities may be provided. No recreation area shall be credited toward meeting these requirements unless it contains at least thirty thousand (30,000) square feet. Recreational facilities and areas shall be located, designed and improved so as to minimize traffic hazards to users and adverse effects on surrounding residential uses.

I.

Space markings. .....Each manufactured home space in a manufactured home park shall be clearly defined on the ground with a permanent marker.

J.

Off-street parking. .....A minimum of two (2) off-street vehicle parking spaces shall be provided for each manufactured home unit. Within a manufactured home park, vehicle parking may be provided on the manufactured home space or within a common off-street parking area.

K.

Accessory structures and uses. .....Accessory structures and uses may be permitted as part of the manufactured home park development. The following structures and uses are generally considered accessory when or clearly incidental to the principal residential use:

1.

Management office;

2.

Storage buildings;

3.

Structures and facilities provided for the exclusive use of the residents of the manufactured home park development (i.e., community centers, recreational areas, child care centers, etc.);

4.

Service buildings intended for public use and housing or sanitation and laundry facilities or any such facilities shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems. The service building shall be well lighted at all times of the day and night, shall be constructed of such moisture proof material, including painted woodwork, as shall permit repeated cleaning and washing and shall be maintained at a temperature of at least sixty-eight (68) degrees Fahrenheit during the period from October 1 to May 1. The floors of the service buildings shall be of water impervious material. All service buildings and grounds of the manufactured home park development shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance;

5.

One (1) on-premises manufactured home display model.

L.

Storage of petroleum products. .....The location, construction, and materials used for the storage of petroleum products shall be approved by the building official.

M.

Garbage disposal.

1.

A minimum of one (1) leak-proof covered can, maximum capacity of sixty (60) gallons, or other approved containers shall be located on each manufactured home space or nearby accessible area. It shall be the responsibility of the manufactured home park owner or operator to insure the removal of all garbage and trash to a fenced area designated for collection, as recommended by the health department.

2.

Minimum standards of cleanliness within the manufactured home park shall be maintained. The health department shall enforce all applicable regulations relating to standard cleanliness of the manufactured home park site. The health department shall report to the zoning administrator any manufactured home park that is maintained in a consistently unclean manner (11-17-16; 7-19-18; 11-15-18.)

A.

All physical improvements required by the provisions of this section shall be installed to serve the development. The owner/developer shall submit surety in a form acceptable to the county attorney, guaranteeing that the improvements will be installed within a designated length of time. Surety shall be in an amount equal to the total cost of such improvements, as estimated by a licensed engineer, plus a ten-percent contingency allowance.

B.

The board of supervisors shall establish such additional requirements as are in the best interests of the public. (11-17-16; 7-19-18; 11-15-18.)

Any manufactured home park that is in existence at the effective date of this ordinance will be allowed to continue as it is presently being operated. However, any addition or expansion to any existing manufactured home park after the effective date of this amendment shall be required to conform with the regulations of this section. (11-17-16; 7-19-18; 11-15-18.)

All manufactured home parks, appurtenant facilities and records shall be open to inspection by the zoning administrator and authorized public officials. Public records as related to this ordinance shall be defined as records pertaining to the operation of the park, such as occupants' names and addresses, water usage and street improvements, but not private information such as rental fees, cost of operation and profit. (11-17-16; 7-19-18; 11-15-18.)

A.

Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements.

B.

Refer to article VI for regulations with the historic overlay (HO) district, highway corridor overlay (HCO) district, floodplain management overlay (FPMO) district, and the Newport development service overlay (NDSO) district.

C.

Refer to article VII for general design guidelines and development review procedures.

D.

Refer to article VIII for landscaping and open space standards.

E.

Refer to article IX for sign standards.

F.

Refer to article X for vehicle parking facilities requirements.

G.

Refer to article XI for outdoor lighting requirements and restrictions. (11-17-16; 7-19-18; 11-15-18.)

This district is created to permit the development of commercial uses and regional commercial centers in scale with surrounding market areas at locations recommended in the comprehensive plan and in accordance with the standards set forth therein (see applicable sections concerning activity centers and development service district(s) of the comprehensive plan). These centers shall serve areas not already conveniently and adequately provided with commercial service facilities of the kind proposed. It is intended to permit the establishment of such districts only where planned centers with carefully organized buildings, service areas, parking areas, and landscaped open space will clearly serve demonstrated public needs, reduce marginal traffic friction below that which would result from strip commercial development along highways, and protect property values in surrounding neighborhoods. It is further intended that planned development commercial parks shall provide a broad range of facilities and services appropriate to the general need of the area served. (11-17-16; 7-19-18; 11-15-18.)

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

Agricultural farm equipment sales and service

Agricultural farm product processing, warehousing and distribution service

Agricultural feed, seed, and farm supply service

Agricultural service/agent

* Forestry operation, silvicultural and/or timbering

B.

Civic uses:

Administrative service

* Adult care center

* Child care center

Club

* Community center

Crisis center

* Educational facility primary/secondary

* Modular classroom

* Nursing home

Park and ride facility

Post office

Public sports/event facility

* Public maintenance and service facility

Public safety service

Rehabilitation service

Transit station

* Utility service/minor

C.

Office uses:

Financial institution

General office

Laboratory

Medical office

D.

Commercial uses:

Auction establishment

Boating and fishing facilities

Business support service

Business or trade school

Car wash

Catering

Commercial indoor entertainment

* Commercial indoor sports and recreation

* Construction office, temporary

* Contractor office and storage facility

Event center

* Funeral home

Garden center

* Golf course

* Golf driving range

Hotel/motel/motor lodge/inn

Itinerant merchant

* Marina

* Micro-brewery, distillery, cidery

* Mini-warehouse

* Motor vehicle dealership/new

* Motor vehicle parts/supply, retail

* Motor vehicle/rental

Peddler

Personal improvement service

Personal service

* Restaurant, drive-in fast food

Restaurant, general

Retail sales

Studio, fine arts

Tattoo parlor

Veterinary hospital/clinic

Wholesale sales

E.

Industrial uses:

Custom manufacturing

F.

Miscellaneous uses:

* Amateur radio tower

(11-17-16; 7-19-18; 11-15-18; 2-21-19; 1-21-21.)

The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

* Livestock auction market

B.

Residential uses:

* Accessory apartment

• Commercial accessory apartment

C.

Civic uses:

* Cemetery

• Private

• Public

Educational facility, college/university

* Utility service/major

D.

Commercial uses:

Commercial indoor amusement

* Commercial outdoor entertainment/sports and recreation

* Commercial outdoor swimming pool and tennis facility

Construction sales and service

* Convenience store

* Crematorium

Equipment sales and rental

* Gasoline station

Hospital

Hospital, special care

* Kennel, commercial

Manufactured home sales

Medical clinic

* Motor vehicle dealership/used

Motor vehicle/outdoor storage

* Motor vehicle repair service/major

* Motor vehicle repair service/minor

Recreational vehicles, sales and service

E.

Industrial uses:

* Construction yard

Industry, Type I

Refuse and recycling center

F.

Miscellaneous uses:

* Aviation facility, general

* Aviation facility, private

* Communication tower

Parking facility, surface/structure

* Reconstructed wetland

(11-17-16; 7-19-18; 11-15-18.)

A.

Minimum tract size: .....Minimum area required for creation of a PD-CP district shall be appropriately sized to meet all required lot size and bufferyard requirements, bulk regulations, and additional site plan requirements as specified in the zoning ordinance.

The minimum required area may be in a parcel in single ownership or in combination with contiguous parcels. If an application is to be made for rezoning to planned development commercial park districts in contiguous parcels, the applicant must provide legal agreements showing marketable title to the subject properties and the source of the applicant's title and interest in the subject properties.

B.

Minimum lot area, width, frontage and setbacks: .....There shall be no minimum lot area, width, frontage and setback requirements for any lot within a planned development commercial park district other than as specified in an approved master development plan. The planned development shall be designed to be compatible with surrounding, adjacent, and nearby properties, both developed and undeveloped. Therefore, consideration shall be given during the design process of such planned developments to location, orientation, spacing and setback of buildings, maintenance of landscaping areas, location of access points, size and location of signage, common open spaces, vehicular parking and movement areas, grading, preservation of existing vegetation, overall landscaping, and stormwater management. (11-17-16; 7-19-18; 11-15-18.)

A.

In addition to the individual lot landscaping requirements of article VIII, at a minimum, all planned development commercial parks shall provide buffer zone landscaping between the development and any land not master-planned for a commercial park development. The buffer zone landscaping shall meet the design and points specifications for office and commercial intense use types.

The zoning administrator may administratively waive up to thirty (30) points of landscaping per five hundred (500) square feet of buffer zone for parks which do not operate more than twelve (12) hours per day or between the hours of 10:00 p.m. and 5:00 a.m.

B.

All structures, including accessory structures, shall be located at least seventy (70) feet from the right-of-way of any existing street, which abuts or borders the development. (11-17-16; 7-19-18; 11-15-18.)

A.

Maximum building height:

1.

All buildings: .....Fifty (50) feet.

B.

Density requirements:

1.

Floor area ratio for nonresidential: .....Two-fifths (0.40) square foot per foot of net developable area.

C.

Maximum building coverage: .....Thirty percent (30%).

D.

Maximum lot coverage: .....Sixty percent (60%).

E.

Minimum open space ratio (OSR): .....Thirty percent (30%) calculated using the entire park as one (1) tract. (11-17-16; 7-19-18; 11-15-18.)

Principal vehicular access for the general public shall be from arterials, secondary or collector streets. Vehicular access from minor streets through residential neighborhoods shall generally be avoided, but where permitted shall be so located, designed, and controlled as to be primarily for convenience of residents of adjoining residential areas and not for general public access. Pedestrian access may be provided at any suitable location within and to the district, but shall, as a general rule, be separated from vehicular access points in order to reduce congestion, marginal friction, and hazards. Service drives, turn-out lanes, and merging lanes may be required at principal vehicular access points, with length and width as appropriate to the anticipated flow of traffic. Traffic separation devices may be required at such entrances and exits and along service drives, turn-outs or merging lanes. (11-17-16; 7-19-18; 11-15-18.)

When possible, commercial and service uses and structures and their parking areas shall be oriented toward arterials, secondary, or collector streets and oriented away from adjacent minor streets in residential neighborhoods or adjacent residential neighborhoods that are not separated from the district by streets. (11-17-16; 7-19-18; 11-15-18.)

Commercial buildings shall be so grouped in relation to parking areas that after customers arriving by vehicles enter the park, establishments can be visited with a minimum of internal vehicular movement. Facilities and access routes for deliveries, servicing, and maintenance shall, so far as reasonably practical, be separated from customer access routes and parking areas. Areas where deliveries to customers in vehicles are to be made or where services are to be provided for vehicles shall be so located and arranged as to prevent interference with pedestrian traffic within the park. (11-17-16; 7-19-18; 11-15-18.)

A.

Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements.

B.

Refer to article VI for regulations with the historic overlay (HO) district, highway corridor overlay (HCO) district, floodplain management overlay (FPMO) district, and the Newport development service overlay (NDSO) district.

C.

Refer to article VII for general design guidelines and development review procedures.

D.

Refer to article VIII for landscaping, and open space standards.

E.

Refer to article IX for sign standards.

F.

Refer to article X for vehicle parking facilities requirements.

G.

Refer to article XI for outdoor lighting requirements and restrictions. (11-17-16; 7-19-18; 11-15-18.)

It is the intent of this district to allow a more flexible approach to the development of large tracts of land in terms of land use, density, and design. Integration of land uses is encouraged to help reduce the need for vehicular travel by integrating housing into the overall design of commercial or "mixed used" centers. These centers are intended to mix a variety of housing types with large-scale employment, or shopping centers, restaurants, civic and office uses. Homes are blended into a built working environment to form a workplace that will not only reduce vehicle miles of travel, but also present opportunities for workers to walk or bike to work. Flexibility in zoning will be provided to permit such large-scale, mixed-use development through floating zones. To minimize noontime travel, the types of uses that are permitted in a mixed-use project may include retail, medical, and other consumer related or "personal" services. Areas within or adjacent to "mixed use centers" identified in the comprehensive plan may be appropriate for future expansions of this district.

A planned development mixed use development shall be designed to be compatible with surrounding, adjacent, and nearby properties, both developed and undeveloped. Therefore, consideration shall be given during the design process of such planned developments to location, orientation, spacing and setback of buildings, maintenance of landscaping, access points, size and location of signage, common open spaces, vehicular parking and movement areas, preservation of existing vegetation, overall landscaping, grading and stormwater management.

According to the county's comprehensive plan, the intent of the PD-MX district is to accommodate a diversity of uses at existing or future major road intersections, where public sewer and water are proposed with a capacity for more intensive development. This zoning district is also the most appropriate district to govern the future development of the county's urban development areas (UDA) as designated on the future land use plans. The UDA boundaries shall be determined by the boundaries depicted on the development service district (DSD) land use plan maps as shown in the comprehensive plan, as may be amended by the board of supervisors.

In keeping with the Code of Virginia, development within designated UDAs should be based on the principles and features of traditional neighborhood design (TND). These features may include, but are not limited to: (i) pedestrian-friendly road design, (ii) interconnection of new local streets with existing local streets and roads, (iii) connectivity of road and pedestrian networks, (iv) preservation of natural areas, (v) mixed use neighborhoods, including mixed housing types, with affordable housing to meet the projected family income distributions of future residential growth, (vi) reduction of front and side yard setbacks, and (vii) reduction of street widths and turning radii at subdivision intersections. In addition to the requirements for PD-MX districts including in this article, all UDA development must meet the minimum development standards for traditional neighborhood design found in article V of the Isle of Wight County subdivision ordinance. (11-17-16; 7-19-18; 11-15-18.)

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

Farmer's market

* Forestry operation, silvicultural and/or timbering

B.

Residential uses:

* Accessory apartment

• Residential accessory apartment

• Commercial accessory apartment

* Community recreation

* Condominium

* Congregate housing

Dwelling, single-family

* Dwelling two-family duplex

* Family day care home

* Home occupation, Type I

* Multifamily dwelling

* Temporary emergency housing

* Townhouse

C.

Civic uses:

Administrative service

* Community center

Cultural service

* Educational facility, primary/secondary

Life care facility

* Modular classroom

* Nursing home

Post office

* Public park and recreational area

Public safety service

Rehabilitation service

Transit station

* Utility service/minor

D.

Office uses:

Financial institution

General office

E.

Commercial uses:

* Antique shop

Business support service

* Construction office, temporary

Event center

Garden center

* Golf course

Itinerant merchant

* Micro-brewery, distillery, cidery

* Motor vehicle parts/supply, retail

Peddler

Personal improvement service

Personal service

Real estate office, temporary

* Restaurant, drive-in fast food

Restaurant, general

Retail sales

* Short-term rental

Studio, fine arts

Veterinary hospital/clinic

Wholesale sales

F.

Miscellaneous uses:

* Amateur radio tower

* Reconstructed wetland

(11-17-16; 7-19-18; 11-15-18; 2-21-19; 1-21-21; 12-14-23(2).)

The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

Agricultural farm equipment sales and service

Agricultural feed, seed, and farm supply service

Greenhouse, commercial and/or nursery

• Not in conjunction with residence

Greenhouse, private

* Stable, commercial

• In conjunction with residence

B.

Residential uses:

* Boathouse

* Dwelling, multifamily conversion

Group home

C.

Civic uses:

* Adult care center

Assisted living facility

* Cemetery

• Church

• Private

• Public

* Child care center

* Child care institution

Club

Educational facility, college/university

Halfway house

Park and ride facility

Public sports/event facility

* Religious assembly

* Utility service/major

D.

Office uses:

Laboratory

Medical office

E.

Commercial uses:

* Bed and breakfast

Boarding house

Boating and fishing facilities

Business or trade school

Car wash

Catering

Commercial indoor amusement

Commercial indoor entertainment

* Commercial indoor sports and recreation

* Commercial outdoor entertainment/sports and recreation

* Commercial outdoor swimming pool and tennis facility

* Convenience store

* Funeral home

* Garden center

* Gasoline station

* Golf driving range

Hospital

Hospital, special care

Hotel/motel/motor lodge/inn

* Marina

Medical clinic

* Motor vehicle repair service/minor

Tattoo parlor

F.

Industrial uses:

Custom manufacturing

G.

Miscellaneous uses:

* Communication tower

Parking facility, surface/structure

(11-17-16; 7-19-18; 11-15-18.)

A.

Minimum tract size. .....Minimum area required for creation of a PD-MX district shall be appropriately sized to meet all required lot size and bufferyard requirements, bulk regulations, and additional site plan requirements as specified in the zoning ordinance.

The minimum required area may be in a parcel in single ownership or in combination with contiguous parcels. If an application is to be made for rezoning to planned development mixed use in contiguous parcels, the applicant must provide legal agreements showing marketable title to the subject properties and the source of the applicant's title and interest in the subject properties.

B.

Minimum lot area, width, frontage and bulk regulations. .....There shall be no minimum lot area, width, frontage and setback requirements for any lot within a planned development mixed use district other than as specified in an approved master development plan. (11-17-16; 7-19-18; 11-15-18.)

A.

All structures, including accessory structures, shall be located at least seventy (70) feet from the right-of-way of any existing street, which abuts or borders the development. (11-17-16; 7-19-18; 11-15-18.)

A.

Maximum building height:

1.

All buildings: .....Fifty (50) feet.

B.

Density requirements (for non-UDA areas): .....Number of dwelling units per acre:

1.

Conventional single-family subdivision: .....Three and one-half (3.5).

2.

Townhouse developments: .....Ten (10).

3.

Multifamily residences and condominiums: .....Fourteen (14).

4.

Floor area ratio for nonresidential: .....Thirty-five hundredths (0.35) square foot per foot of net developable area.

C.

Density requirements for UDA areas: .....Minimum number of dwelling units per acre:

1.

Conventional single-family subdivision: .....Four (4).

2.

Townhouse developments: .....Six (6).

3.

Multifamily residences and condominiums: .....Twelve (12).

4.

Floor area ratio for nonresidential: .....Four-tenths (0.4) square foot per foot of net developable area.

D.

Maximum coverage: .....The open space ratio shall be established as part of the master development plan approval and shall supersede requirements for specific uses. (11-17-16; 7-19-18; 11-15-18.)

A.

No more than forty percent (40%) of the total land, which may be zoned planned development mixed use district shall be devoted to office, commercial and/or industrial uses. (11-17-16; 7-19-18; 11-15-18.)

A.

Principal vehicular access for the general public shall be from arterial, secondary or collector streets. Vehicular access from minor streets through residential neighborhoods shall be so located, designed, and controlled as to be primarily for convenience of linking retail, other commercial and office uses to residential components of the development or for adjoining residential areas and not for general public access.

B.

Pedestrian and bicycle ways shall be incorporated into the development to connect all uses throughout the development, so as to minimize conflicts with vehicular traffic. Pedestrian and bicycle ways shall also be extended to adjacent properties.

C.

Service drives, turn-out lanes, and merging lanes may be required at principal vehicular access points, with length and width as appropriate to the anticipated flow of traffic. Traffic separation devices may be required at such entrances and exits and along service drives, turn-outs or merging lanes. (11-17-16; 7-19-18; 11-15-18.)

A.

Landscaping or other devices shall be used to minimize undesirable views and external exposures from surrounding residential components of the planned development and adjoining residential areas.

B.

All service and loading areas shall be located away from the view of arterial, secondary, or collector streets. Screening which, at a minimum, meets the standards of the landscaping screening zone as specified in article VIII may be proposed as an alternative during the master development plan process.

C.

Parking areas for more than ten (10) vehicles shall meet, at a minimum, the standards of the landscaping parking zone as specified in article VIII. (11-17-16; 7-19-18; 11-15-18.)

A.

Buildings containing retail, commercial, or office type uses shall be so grouped in relation to parking areas so no further vehicular movement is necessary after parking a vehicle to accommodate customer access. Facilities and access routes for deliveries, servicing, and maintenance shall, so far as reasonably practical, be separated from customer access routes and parking areas. Deliveries to customers in vehicles and services to vehicles shall be arranged to prevent interference with pedestrian traffic.

B.

Residential uses shall be arranged within the planned development to allow maximum pedestrian convenience and access to commercial uses within reasonable walking distance. Residential and commercial uses may also be located within the same structure.

C.

Pedestrian entrances for the general public to enter commercial uses shall be separate from residential pedestrian entrances when residential and commercial uses are contained within the same structure. All service and loading areas shall also be separated from residential pedestrian entrances. (11-17-16; 7-19-18; 11-15-18.)

For each area on the master development plan designated for single-family, attached townhouse, or multifamily uses, a recreation area or areas shall be provided. The developer shall install playground equipment, playfields, tennis courts or other recreation facilities in accordance with the guarantees established as part of master development plan approval. The composition of the facilities to be installed shall be approved by the director of planning and zoning prior to approval of the final construction plan or plans. Such facilities shall be owned and maintained by the developer or the homeowners' association. (11-17-16; 7-19-18; 11-15-18.)

A.

Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements.

B.

Refer to article VI for regulations with the historic overlay (HO) district, highway corridor overlay (HCO) district, floodplain management overlay (FPMO) district, and the Newport development service overlay (NDSO) district.

C.

Refer to article VII for general design guidelines and development review procedures.

D.

Refer to article VIII for landscaping and open space standards.

E.

Refer to article IX for sign standards.

F.

Refer to article X for vehicle parking facilities requirements.

G.

Refer to article XI for outdoor lighting requirements and restrictions.

H.

Refer to article V for traditional neighborhood design development standards in the Isle of Wight County subdivision ordinance for development within UDAs. (11-17-16; 7-19-18; 11-15-18.)

It is the intent of this district to provide for planned development of business parks or employment centers in campus-like settings. PD-IP districts are further intended to provide for areas devoted to industrial uses that present an attractive appearance and complement surrounding land use character by means of appropriate siting of buildings and service areas and landscape treatment. It is intended that PD-IP districts be located in areas having all of the following: water and sewer facilities that meet applicable standards and are acceptable to the board of supervisors, one (1) or more major highways, and clearly demonstrated suitability for intended uses in the context of the proposed site's physical characteristics and relationship to surrounding development. (11-17-16; 7-19-18; 11-15-18.)

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

Agricultural farm equipment sales and service

Agricultural farm product processing, warehousing and distribution service

Agricultural feed, seed, and farm supply service

Agricultural service/agent

* Forestry operation, silvicultural and/or timbering

Greenhouse, commercial and/or nursery

• Not in conjunction with residence

* Livestock auction market

B.

Civic uses:

Administrative service

* Adult care center

Park and ride facility

Public sports/event facility

* Public maintenance and service facility

Public safety service

Transit station

* Utility service/major

* Utility service/minor

C.

Office uses:

Laboratory

D.

Commercial uses:

Auction establishment

Boating and fishing facilities

Business support service

Business or trade school

* Commercial indoor sports and recreation

* Construction office, temporary

Construction sales and service

* Contractor office and storage facility

* Convenience store

Equipment sales and rental

* Garden center

Laundry

Lawn and garden services

* Marina

* Micro-brewery, distillery, cidery

* Mini-warehouse

Motor vehicle/outdoor storage

* Motor vehicle parts/supply, retail

* Motor vehicle/rental

* Motor vehicle repair service/major

* Motor vehicle repair service/minor

Personal improvement service

Personal service

* Restaurant, drive-in fast food

Restaurant, general

Tattoo parlor

Truck stop

Wholesale sales

E.

Industrial uses:

Brewery, distillery, cidery

* Construction yard

Custom manufacturing

Industry, Type I

Industry, Type II

Meat packing

* Recycling center

Refuse and recycling center

* Shipping container

Transfer station

Warehousing and distribution

F.

Miscellaneous uses:

* Amateur radio tower

Parking facility, surface/structure

(11-17-16; 7-19-18; 11-15-18.)

The following uses are allowed only by conditional use permit pursuant to section 1-1017. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses.

A.

Agricultural uses:

Agriculture

Aquaculture

Aquaculture, waterfront business

* Commercial feedlot

* Sawmill

Viticulture

B.

Civic uses:

* Cemetery

• Private

• Public

* Child care center

Correctional facility

C.

Office uses:

General office

D.

Commercial uses:

* Commercial outdoor entertainment/sports and recreation

* Crematorium

* Gasoline station

Hotel/motel/motor vehicle lodge

* Kennel, commercial

E.

Industrial uses:

* Abattoir or livestock processing

* Asphalt/concrete plant

Industry, Type III

* Landfill, rubble

* Resource extraction

* Scrap and salvage service

F.

Miscellaneous uses:

* Aviation facility, commercial

* Aviation facility, general

* Aviation facility, private

* Communication tower

* Reconstructed wetland

* Shooting range, outdoor

* Turkey shoot

(11-17-16; 7-19-18; 11-15-18.)

A.

Minimum tract size: .....Minimum area for creation of a PD-IP district is seventy-five (75) acres. Incremental additions to such districts shall be immediately adjacent to the existing PD-IP district and must be appropriately sized for proposed improvements on such addition to meet all required lot size and bufferyard requirements, bulk regulations, and additional site plan requirements as specified in the zoning ordinance.

The minimum required area may be in a parcel in single ownership or in combination with contiguous parcels. If an application is to be made for rezoning to a planned development industrial park in contiguous parcels, the applicant must provide legal agreements showing marketable title to the subject properties and the source of the applicant's title and interest in the subject properties.

B.

Minimum lot area, width, frontage and bulk regulations: .....There shall be no minimum lot area, width, frontage and setback requirements for any lot within a planned development industrial park district other than as specified in an approved master development plan. The planned development shall be designed to be compatible with surrounding, adjacent, and nearby properties, both developed and undeveloped. Therefore, consideration shall be given during the design process of such planned developments to location, orientation, spacing and setback of buildings, maintenance of landscaping areas, location of access points, size and location of signage, common open spaces, vehicular parking and movement areas, grading, preservation of existing vegetation, overall landscaping, and stormwater management. (11-17-16; 7-19-18; 11-15-18.)

A.

In addition to the individual lot landscaping requirements of article VIII, at a minimum, all planned development industrial parks shall provide buffer zone landscaping between the development and any land not master-planned as part of an industrial park. The buffer zone landscaping shall meet the design and points specifications for industrial use types.

B.

All structures, including accessory structures, shall be located at least one hundred (100) feet from the right-of-way of any existing street, which abuts or borders the development. (11-17-16; 7-19-18; 11-15-18.)

A.

Maximum building height: .....Fifty (50) feet.

1.

The board of supervisors, following a recommendation by the planning commission, may consider on a case-by-case basis, requests to exceed the maximum building height during the master development plan process.

B.

Maximum density:

1.

Floor area ratio of nonresidential: One-half (0.50) square foot per foot of net developable area.

C.

Maximum building coverage: .....Thirty percent (30%).

1.

The board of supervisors, following a recommendation by the planning commission, may consider on a case-by-case basis, requests for additional lot coverage during the master development plan process.

D.

Maximum lot coverage: .....Sixty percent (60%).

E.

Minimum open space ratio (OSR): .....Thirty percent (30%) calculated using the entire park as one (1) tract. (11-17-16; 7-19-18; 11-15-18.)

A.

Principle vehicular access for the general public shall be only from arterial and collector streets. Access points shall be designed to minimize traffic hazard and congestion. Vehicular access through residential neighborhoods shall be prohibited. Pedestrian access may be provided at any suitable location within the district but shall, as a general rule, be separated from vehicular access points in order to reduce congestion, points of conflict and hazards.

B.

The design for internal circulation shall be appropriately related to access points and location of major traffic generators and shall provide for safe and efficient movement of vehicles and pedestrians with special attention to reduction of crossing conflicts, limiting numbers of internal and external access points and improvement of visibility. (11-17-16; 7-19-18; 11-15-18.)

Site planning within the district shall provide for protection of individual lots from adverse surrounding influences, and for protection of surrounding areas from any adverse influences which may be anticipated within the district. Yards, fences, walls, or vegetative screening shall be provided where needed to protect residential districts or public streets from undesirable views, lighting, noise, or other off-site influences. In particular, outdoor storage, extensive off-street parking areas, and service areas for loading and unloading vehicles, and for storage and collection of refuse and garbage shall be effectively screened. (11-17-16; 7-19-18; 11-15-18.)

To promote a park-like character within the development, particular care should be taken to organize the landscaping plan in such a way as to maximize the visual effects of green spaces as seen from the public rights-of-way. Landscaping or other appropriate measures shall also be used to screen development within the park from any undesirable views, such as outside storage yards, etc. (11-17-16; 7-19-18; 11-15-18.)

A.

Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements.

B.

Refer to article VI for regulations with the historic overlay (HO) district, highway corridor overlay (HCO) district, floodplain management overlay (FPMO) district, and the Newport development service overlay (NDSO) district.

C.

Refer to article VII for general design guidelines and development review procedures.

D.

Refer to article VIII for landscaping and open space standards.

E.

Refer to article IX for sign standards.

F.

Refer to article X for vehicle parking facilities requirements.

G.

Refer to article XI for outdoor lighting requirements and restrictions. (11-17-16; 7-19-18; 11-15-18.)