The following supplementary use regulations are additional, modified, or more stringent standards for particular land uses contained in article IV, zoning districts and boundaries. The standards set forth in the supplementary use regulations shall be met regardless of the form of action required for approval. (7-7-05; 9-17-15; 7-19-18; 11-15-18.)

The following uses are specifically excluded from all districts:

A.

Unless otherwise expressly permitted, the use of a recreational vehicle as a temporary or permanent residence.

B.

Unless associated with a bonafide agricultural use, the use of a motor vehicle permanently parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business is conducted. (7-18-19; 3-19-20.)

C.

It shall be unlawful for any person, firm or corporation to keep on any property any watercraft which is inoperable, except within a fully enclosed building or structure or otherwise shielded or screen from view, subject to the following:

1.

On property less than two (2) acres, one (1) inoperable watercraft may be parked or stored outside of a fully enclosed building if such watercraft is shielded or screened from view by covers; provided that up to two (2) inoperable watercraft may be parked or stored outside of a fully enclosed building if the owner of such watercraft demonstrates that they are actively restoring or repairing one (1) of the watercraft, the second watercraft is being used for the restoration or repair, and each watercraft parked or stored outside a fully enclosed building is shielded or screened by covers; or

2.

On property two (2) acres and larger, two (2) inoperable watercraft, may be parked or stored outside of a fully enclosed building if such watercraft are shielded or screened from view by covers; or

3.

The inoperable watercraft is kept at a commercial business in compliance with the county's zoning regulations covering such business and/or a conditional use permit has been issued for the operation of such business; or

4.

An inoperable watercraft being repaired at a permitted repair business may be kept at such property for no more than sixty (60) continuous days.

5.

As used in this section:

(i)

Inoperable watercraft means any watercraft.

(a)

Which is not in operating condition; or

(b)

Which, for a period of sixty (60) days or longer, has been partially or totally disassembled by the removal of the engine, or other essential parts required for operation of the watercraft; or

(c)

On which there are displayed no valid state license and /or registration;

(ii)

Shielded or screened from view means not visible by someone standing at ground level from outside of the property on which the subject vehicle is located. (7-18-19; 3-19-20; 1-21-21.)

The following activities are prohibited in the RR, NC, SE, SR, UR, PD-R, PD-MH and residential areas zoned PD-MX districts:

A.

Parking of a commercial vehicle overnight shall be prohibited, unless otherwise expressly permitted by this ordinance.

B.

No construction machinery or similar equipment shall be parked overnight unless the machinery is incidental to improving the premises. (7-7-05; 9-17-15; 7-19-18; 11-15-18.)

A.

A change in use of property occurs whenever the essential character or nature of the activity conducted on a lot is substantially altered. This occurs whenever:

1.

The change involves a change from one (1) principal use category to another principal use category where the existing site improvements, particularly, but not limited to, parking and stormwater management, are inadequate to accommodate the demands of the new use. The principal use categories shall be agricultural, residential, civic, office, commercial, industrial, and miscellaneous.

2.

A change from one (1) use to another use within a principal use category where the existing site improvements, particularly, but not limited to, parking and stormwater management, are inadequate to accommodate the demands of the new use. Uses which tend to create this situation include, but are not limited to, restaurants, medical offices, and convenience stores.

3.

Whether a change in use occurs shall be determined by comparing the proposed use and the most recent use of the property against the provisions of this section.

4.

A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use.

5.

Where a nonresidential structure has remained unoccupied for more than two (2) years, any new use shall be deemed to be a change in use and all requirements of this ordinance shall apply, unless where the existing site improvements, particularly, but not limited to, parking and stormwater management, are adequate to accommodate the demands of the new use. (7-7-05; Ord. No. 2011-21-C, 11-17-11; 9-17-15; 7-19-18; 11-15-18.)

The district regulations classify different principal uses according to their different impacts. Whenever a residential, civic, office, commercial, industrial, or miscellaneous activity (which may or may not be separately listed as a principal use) is conducted in conjunction with another principal use and that activity constitutes only an incidental or insubstantial part of the total use that takes place on a lot, then the activity shall be regarded as accessory to the principal use and shall be carried on in accordance with the permit issued for the principal use.

For purpose of interpreting this section;

A.

A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use.

B.

An accessory use does not have to be connected with a principle use. However, their association must take place with sufficient frequency that there is common acceptance of their relatedness.

C.

Portable on demand storage (POD) units shall be considered a temporary structure. They are permitted for use for a total of sixty (60) days, after which a zoning permit must be obtained through the planning and zoning department.

D.

The operation of a drive-through facility associated with any use located outside the established boundaries of any development service district (DSD) shall require a conditional use permit. (7-7-05; Ord. No. 2013-2-C, 4-18-13; 9-17-15; 7-19-18; 11-15-18.)

The following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory uses to residential principal uses:

A.

Hobbies or recreational activities of a noncommercial nature.

B.

Yard sales or garage sales, so long as such sales are not conducted on the same lot more than three (3) days (whether consecutive or not) during any ninety-day period. (7-7-05; 9-17-15; 7-19-18; 11-15-18; 12-14-23(2).)

A.

Accessory building requirements.

1.

The square footage of an accessory building shall not exceed the square footage of the primary structure.

2.

The following provisions shall regulate the location of accessory buildings with respect to required yards:

a.

Accessory buildings shall be prohibited in any required yard which adjoins a street, except as permitted under subsection 5-2000.E.3.

b.

Accessory buildings shall be located at least five (5) feet from any required rear lot boundary lines.

c.

Where an accessory building is located in a zoning district requiring a side yard and such building is entirely to the rear of the principal structure, the accessory building shall be located at least five (5) feet from any adjoining lot line.

d.

Accessory buildings shall not exceed the maximum height restriction for the zone in which such structures are located, except as specified in subsection 5-2000.D.2.

e.

Shipping containers may be used as residential, commercial and industrial accessory structures subject to the criteria in subsection 5-5006.J.

B.

Accessory uses and structures not permitted prior to principal uses or structures. .....No accessory use or structure shall be permitted on a lot unless the principal use or structure is in existence previously or until construction of the principal structure is initiated.

1.

Exceptions:

a.

A one-story tool and storage shed may be allowed on a vacant lot zoned RAC for on-site property maintenance provided that the building area does not exceed two hundred fifty-six (256) square feet and the structure meets the following criteria:

i.

The building eave height is ten (10) feet or less.

ii.

The maximum height from the finished floor level to grade does not exceed eighteen (18) inches.

iii.

The supporting structural elements in direct contact with the ground shall be placed level on firm soil and when elements are wood, they shall be approved pressure preservative treated suitable for ground use contact.

iv.

The structure is anchored to withstand wind loads as required by the Virginia Construction Code.

v.

The structure shall be of light-frame construction whose vertical and horizontal structural elements are primarily formed by a system of repetitive wood or light gauge steel framing members, with walls and roof of light weight material, not slate, tile, brick or masonry.

vi.

Application for a conditional use permit may be made to allow construction of a utility/storage building that exceeds two hundred fifty-six (256) square feet and shall be reviewed with consideration given to the property acreage and the reason a larger building is required for property maintenance and storage.

b.

A fence of no more than four (4) feet in height subject to all other applicable supplementary use criteria in 5-2000.G may be allowed on a vacant lot in a residential zoning district.

C.

Building height limitations.

1.

For purposes of this section:

a.

Except as hereinafter provided, no building or structure, or part thereof, shall hereafter be erected or altered to a height greater than the maximum specified for the respective zone.

D.

Exceptions to height limits. .....Notwithstanding other regulations in this article or the maximum specified for the respective zone, the following structures shall be permitted:

1.

Church spires, belfries, cupolas, monuments, chimneys, utility transmission towers, water towers, fire towers, cooling towers, elevator penthouses, monuments or towers used in the manufacturing process, or other similar structures, may be permitted to exceed the height stipulated in the schedule of zone regulations by no more than twenty-five percent (25%) if attached to a building or to a maximum of one hundred (100) feet if freestanding. The zoning administrator shall determine whether a proposed height increase is reasonable and serves a function beyond merely drawing attention to the structure. If an increase above a total of one hundred (100) feet is desired, a conditional use permit must be obtained.

2.

Except as noted above, no accessory building or structure shall exceed the maximum height limitation established for the zoning district or the height of the structure to which it is accessory, whichever is less, provided, however, that structures which are accessory to a single-story structure may be constructed to a maximum height not exceeding one hundred twenty-five percent (125%) of the height of the principal structure. In cases where this is permitted, the accessory structure shall be separated from the principal residential structure by a distance of at least twenty (20) feet.

3.

Buildings or structures used in conjunction with a bona fide agricultural use or operation in the rural/agricultural conservation (RAC) district shall be exempt from the height limits specified in the zoning district regulations.

4.

Solar heating and solar collection devices provided such devices do not exceed by more than five (5) feet the otherwise permitted maximum height for the zone in which they are located.

5.

The Isle of Wight County Board of Supervisors with a recommendation by the planning commission may authorize an exemption to the height regulations. In granting exemptions, the board of supervisors with a recommendation by the planning commission may impose reasonable conditions. No exemption shall be granted which exceeds the height limitations of section 5-3000 (restrictions adjacent to airports).

6.

Towers and antennas are allowed to the extent authorized in each zoning district.

E.

Building setback requirements. .....No portion of any building or other structure may be located on any lot closer to any lot line or to the street right-of-way line than is authorized in each zoning district.

1.

Future highway rights-of-way. .....Wherever future highway rights-of-way have been established by official action by the board of supervisors or the Virginia Department of Transportation, these rights-of-way shall be used as the basis for determining required setbacks.

2.

Setback measurement from right-of-way.

a.

If the street right-of-way line is readily determinable (by reference to a recorded map, set irons, or other means), the setback shall be measured from such right-of-way line.

b.

In any district, on any lot which fronts on a road having a right-of-way less than fifty (50) feet wide or of undetermined width, the required minimum front yard setback line shall be measured from a point twenty-five (25) feet from the center of such street right-of-way.

3.

Front yard requirements in developed areas. .....Where existing buildings or structures occupy lots comprising at least fifty percent (50%) of the lots within a block, and the average front yard depth of the existing buildings or structures is less than that required by this ordinance, the average so established may be taken in lieu of that which is normally required, provided that in no case shall a front yard depth so determined be less than twenty (20) feet, or less than the setback line denoted on a recorded subdivision plat, whichever is greater. For the purpose of this calculation, lots on the same side of a street on either side of the lot in question for a distance of six hundred (600) feet or to the nearest street intersection, whichever is less, shall be considered.

4.

Front yards on through lots. .....On any lot that runs through a block from street to street, a front yard as otherwise required in the zone shall be provided along each street lot line.

F.

Side yards.

1.

Side yards decreased for narrow lot. .....For each foot by which a nonconforming lot of record at the time of enactment of this ordinance is narrower than fifty (50) feet, and where the owner of record does not own any adjoining property, one and one-half (1½) inches may be deducted from the required minimum width of any side yard for building not exceeding two and one-half (2½) stories in height; provided, however, that no side yard shall be narrower at any point than three (3) feet in any case.

2.

Side yards increased for deep buildings. .....In any zone where a side yard is required, the least width of each side yard shall be increased by one (1) inch for each foot by which the side wall of a building adjacent to a side yard exceeds fifty (50) feet in overall depth.

3.

Corner lot. .....On a corner lot in any zone, both yards fronting the street shall equal the required minimum frontage, width and front yard setback for that zone. Of the two (2) sides of the corner lot, the front shall be deemed to be the shorter of the two (2) sides fronting on the streets.

4.

Side yard exceptions for attached dwellings. .....In the case of attached dwelling units, the entire structure shall be considered as a single building with respect to side yard requirements.

5.

Measure of setback distances or required yards. .....Setback distances or required yards shall be measured from the property line or street right-of-way line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, etc.).

G.

Walls and fences.

1.

Unless otherwise provided for by this ordinance, fences or walls not more than six (6) feet in height may be located in any required side or rear yard in any district, other than a required yard adjacent to a street except as follows:

a.

On parcels zoned or occupied by a single-family or two-family residence, no fence or wall which creates a solid screen may exceed two and one-half (2½) feet in height in any required front yard, except that fences having a uniform open area of fifty percent (50%) or more may be erected to a maximum height of four (4) feet in such required yards.

b.

On parcels zoned for or occupied by any use other than a single-family or two-family dwelling, no fence or wall that creates a solid screen may exceed three and one-half (3½) feet in height in any required front yard, except that fences having a uniform open area of fifty percent (50%) or more may be erected to a maximum height of four (4) feet in such yards.

c.

Heights shall be measured from the average ground level adjacent to the fence or wall and shall exclude columns and posts.

d.

The zoning administrator may approve the issuance of a building permit for a fence or wall higher than four (4) feet in the secondary front yard of a residential corner lot or through lot under the conditions set out in subparagraphs i. through iv. below.

i.

The height of the fence or wall does not exceed six (6) feet.

ii.

The fence or wall shall meet the minimum side yard setback of the underlying zoning district from the edge of the right-of-way, sidewalk, walking and biking trail, or ingress/egress easement, except in no case shall the setback be less than five (5) feet.

iii.

The fence shall not extend past the rear foundation wall of the principal structure of any side adjacent to a street.

iv.

The fence or wall shall not interfere with or impede traffic visibility.

v.

The fence is constructed so that the finished side faces the street.

2.

Open wire fences not exceeding eight (8) feet in height may be erected in any required yard when wholly or partially enclosing any public school, park, recreational or playground site, public safety facility, or a public utility. Height shall be measured from the average level of the ground adjacent to the fence or wall.

3.

Fences erected for agricultural purposes are exempt from this section.

4.

The height, design, and location of fences in required yards erected in conjunction with a bona fide and permitted industrial use or operation may be exempt from this section subject to the review and approval of the zoning administrator.

5.

The height, design, and location of fences or walls in required yards erected in conjunction with an electrical utility station or substation may be exempt from this section subject to the review and approval of the zoning administrator.

6.

The height and location of fences or walls existing prior to the adoption of this zoning ordinance effective August 30, 2005, on a property designated as a National Historic Landmark located in a designated historic overlay district may be exempt from this section subject to the review and approval of the zoning administrator.

H.

Projections and yard setback modifications.

1.

Covered, unenclosed front porches. .....Covered, unenclosed porches, decks, landings, steps, terraces, patios or platforms, open on three (3) sides except for necessary supporting columns and customary architectural features, may be permitted in a required front yard provided that such structure shall not be more than eight (8) feet in width and shall not project more than three (3) feet into such yard.

2.

Covered unenclosed porches permitted in required side or rear yard. .....Covered, unenclosed porches, decks, landings, steps, terraces, patios or platforms, open on three (3) sides except for necessary supporting columns and customary architectural features, may be permitted in required side or rear yards provided that no such structure, shall project closer than three (3) feet to any side lot line, that no such structure shall be more than one (1) story in height or more than twenty-four (24) feet in length, and that no such structure shall project more than eight (8) feet into any required rear yard.

3.

Uncovered porches. .....Uncovered porches, decks, landings, steps, terraces, patios or platforms which do not extend above the level of the first floor of the building (except for railings and railing supports) may project into any required front, side or rear yard or court not to exceed eight (8) feet.

4.

Architectural features, chimneys, air conditioners, cornices, eaves, belt courses, sills, canopies, or other similar architectural features. .....Architectural features, chimneys, air conditioners, generators, fuel tanks, cornices, eaves, belt courses, sills, canopies, or other similar architectural features (but not including bay windows or vertical projections) may project into a required side yard not more than eighteen (18) inches, but not closer than three (3) feet to the side lot line, and may not exceed thirty-six (36) inches. Chimneys and air conditioners may project into any yard not more than eighteen (18) inches, but air conditioners rated at twenty-four thousand (24,000) BTU or less shall not be so placed as to discharge air within five (5) feet of side yard lines, and those rated over twenty-four thousand (24,000) to discharge air within twelve (12) feet of side yard lines, other than side yard lines adjacent to streets.

5.

Open fire escapes. .....Open, unenclosed fire escapes may project not more than four (4) feet into any required yard, but shall not project closer than three (3) feet to any side lot line.

6.

Open stairways and balconies. .....Open, unenclosed stairways or balconies, not covered by a roof or canopy, may extend or project into a required rear yard only, not more than four (4) feet, but shall not be within three (3) feet of any property line.

7.

Exemption of front yard setback for handicap ramps. .....Handicap ramps used for residence(s) of a single-family dwelling shall be allowed to encroach into the required front yard setback. The ramp must be built in accordance with the American Disabilities Act as it pertains to wheelchair accessibility. In no instance shall the ramp be covered.

8.

Exemption of yard setback requirements for electrical, water or wastewater utility cabinets. .....Utility cabinets measuring no more than six (6) feet high and eight (8) feet wide shall be allowed to encroach into required yard setbacks and shall be located outside of any required sight line or sight triangle.

I.

Frontage.

1.

Where lot lines are established radially from a curved street so as to increase the width of the lot, the lot frontage in such cases shall be measured along the chord of such curved street.

2.

For lots fronting on the turning circle of a cul-de-sac, individual lot frontage may be reduced to not less than fifty percent (50%) of the minimum lot width for the respective zoning district. Frontage for such lots shall be measured along the chord of the cul-de-sac street.

J.

Lots with existing dwellings. .....On a lot with one (1) or more existing dwelling units, no zoning permit shall be used for an additional single-family dwelling except as specifically permitted in this ordinance. Where a new residence is intended to replace an existing unit, the demolition permit for the existing unit shall be issued by the building official prior to or at the same time as the zoning permit for the new dwelling.

K.

Minimum lot size.

1.

All lots shall have at least the amount of square footage indicated for the appropriate zoning and overlay districts. The total floor area in all buildings on the lot shall be considered in determining the adequacy of lot area.

2.

For permitted uses utilizing individual sewage systems, the required area for any such use shall be approved by the health department. The zoning administrator may require a greater area if considered necessary by the health department.

L.

Recreational vehicles and watercraft. .....In all districts it shall be permissible to store out-of-doors recreational vehicles and watercraft as an accessory use only in accordance with the following:

1.

Such vehicles or watercraft shall be placed outside of the front yard setback in the rear or side yards only and shall be located at least five (5) feet from all property lines. This provision shall not apply to recreational vehicles or watercraft stored within completely enclosed structures.

2.

Recreational vehicles shall not be used as permanent or full-time living quarters and may only be otherwise occupied as approved by the Virginia Department of Health and as specified in this ordinance. Private camping is permissible in agricultural and residential zoning districts subject to the following criteria:

a.

Private camping is limited to the use by the property owner, including his guest or invitees, of one (1) recreational vehicle per parcel.

b.

The recreational vehicle may only be used for private camping for a period that does not exceed a total of fourteen (14) days during any consecutive three (3) month period on the same parcel.

c.

Utilities, to include a connection to a private well, public water line, public wastewater system or septic system, are not permitted to be extended to the recreational vehicle.

d.

Recreational vehicles may be used as temporary residences in zoning districts allowing residential uses as a primary use, only by the property owner, and only during construction of a primary residence on the same site for a period of up to six (6) months. A zoning permit shall be required. One (1) zoning permit time limit extension may be permitted as approved by the zoning administrator.

e.

The property owner shall provide for lawful disposal of all solid waste and waste water including both grey and black water. The property owner is responsible for providing documentation of disposal at a permitted dump station to include receipts and dates of service by an authorized facility.

f.

Commercial use of recreational vehicles in any location except for a licensed and permitted commercial campground is prohibited. Recreational vehicles or recreational vehicle parking spaces may not be rented or leased for use on the property to persons that are not the property owner. Recreational vehicles shall not be tied down or otherwise permanently affixed to any land outside of a designated and duly approved commercial campground, except during times of severe weather.

g.

Recreational vehicles shall not be utilized as a short-term rental unit.

h.

Habitation of any recreational vehicle on any private property exceeding fourteen (14) calendar days during any three (3) consecutive month period or thirty (30) calendar days within an approved commercial campground, or any habitation by persons not having an approved permanent address elsewhere shall be construed as permanent habitation of a recreational vehicle.

i.

Any unit connected to utilities as defined herein on any portion of any private property or public right-of-way shall be deemed to be inhabited and shall cause the county to investigate such usage.

j.

No recreational vehicle shall be used for temporary residential use when parked on any public right-of-way, or any public property except approved commercial campgrounds.

M.

Required yard not to be reduced. .....No lot shall be reduced in area so as to make any yard or any other open space less than the minimum required by this article, and if already less than the minimum required, such yard or open space shall not be further reduced, except by approval of the board of zoning appeals. No part of a yard or other open space provided for any building, structure or use for the purposes of complying with the provisions of this article shall be considered as part of a yard or other open space required under this article for another building, structure or use except in the case of developments which are planned developments or cluster developments and provision is made for shared use of open space.

N.

Residential density.

1.

Only one (1) single-family detached dwelling shall be permitted on any lot, except that accessory apartments and temporary residences shall be permitted as otherwise allowed in this ordinance.

2.

In determining the number of dwelling units permissible on a lot, parcel, or tract of land, fractions shall be rounded to the nearest whole number.

O.

Sight triangles.

1.

To promote visibility for pedestrians and the operators of motor vehicles, a clear sight triangle shall be established at the intersecting rights-of-way of any two (2) streets. The legs of this sight triangle shall be twenty-five (25) feet in length. They shall begin at the point of intersection of the two (2) street rights-of-way, and shall extend twenty-five (25) feet along each right-of-way line. The triangle shall be formed by connecting the endpoints of these two (2) lines.

2.

Landscape plantings or other objects constructed, placed, or permanently parked within the sight triangle of roadway or driveway intersections shall conform to Virginia Department of Transportation guidelines for height. This shall not apply to fire hydrants.

P.

Widening of public rights-of-way and roads. .....Whenever there shall be plans or other official documents in existence, approved by either the Virginia Department of Transportation, the Commonwealth Transportation Board, or the board of supervisors which provides for proposed relocation or widening of any public right-of-way, road, or street, the board may require additional yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way, in order to preserve and protect the land area needed for such proposed public right-of-way, road, or street widening. No structure or part of a structure shall be permitted to be erected within the lines of such proposed public street or highway and all setbacks governing the location of such structures shall be measured from the future public right-of-way, where established.

Q.

Building footprint. .....Any single use building, other than an industrial use, containing a building footprint of eighty thousand (80,000) square feet or more measured from the outside perimeter of the building shall require a conditional use permit in accordance with section 1-1017 of this ordinance prior to design or construction. For purposes of this section the square footage of a single user building shall include all buildings located within one-quarter (¼) mile owned or operated by essentially the same establishment, as determined by the zoning administrator.

R.

[Fishing, hunting and trapping.] .....Fishing, hunting and trapping is permitted in the Rural Agricultural Conservation (RAC) zoning district with the permission of the property owner(s), and as may be otherwise governed by the Commonwealth and the Isle of Wight County Code. (7-7-05; 4-19-07; 5-19-14; 9-17-15; 11-17-16; 4-20-17; 7-19-18; 3-19-20; 1-21-21; 11-21-24(3); 4-17-25.)

A.

Purpose. .....The provisions contained in this section regulate the height of structures and objects of natural growth in the vicinity of any civil airport located in Isle of Wight County or its environs. Specifically, these regulations apply to all areas of the county included within or underneath an imaginary surface or surfaces surrounding any civil airport in accordance with the standards set forth in Part 77.25, 77.28 and 77.29, Subchapter C (Obstruction Standards), of Title 14 of the Code of Federal Regulations, referred to hereafter as the Federal Regulations, and Section 15.2-2294 of the Code of Virginia. A copy of these standards is available in the office of the zoning administrator.

B.

Intent. .....The provisions contained in this section are intended to protect the public health, safety and welfare by ensuring that development in the county will occur in such a manner as to result in no interference with civil air traffic.

C.

Definitions. .....The words and terms used in this section shall have the following meanings unless the context clearly indicates otherwise:

Airport.\ For purposes of this section, this term shall refer to the John Beverly Rose Airport.

Airport elevation.\ The highest point on any usable landing surface expressed in feet above mean sea level.

Airport safety zone.\ All of the area and airspace within Isle of Wight County lying equal to or above an approach surface, horizontal surface, conical surface, primary surface or transitional surface as they apply to civil airports in the county or its environs. These zones are superimposed over the underlying zoning districts and do not affect the uses and activities of the underlying zoning districts except as provided in this section.

Approach surface.\ An imaginary surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface and at the same slope as the approach zone height limitations slope set forth in the federal regulations.

Conical surface.\ An imaginary surface, whose design standards are referenced the federal regulations, extending and sloping horizontally and vertically from the periphery of the horizontal surface.

Hazard to air navigation.\ An obstruction determined by the Virginia Department of Aviation or the Federal Aviation Administration to have a substantial adverse effect on the safe and efficient utilization of navigable airspace.

Height.\ For all height limitations, the datum shall be mean sea level elevation unless otherwise specified.

Horizontal surface.\ An imaginary surface represented by a horizontal plane one hundred fifty (150) feet above the established airport elevation for any civil airport, the perimeter which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs.

Nonconforming structure/use.\ Any preexisting structure or object of natural growth which is inconsistent with the provisions of this ordinance or any amendment thereto.

Obstruction.\ Any structure, growth or other object, including any mobile object, which exceeds a limiting height or penetrates any surface or zone floor, set forth in this section.

Primary surface.\ An imaginary surface longitudinally centered on a runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Runway.\A specified area on an airport or airfield prepared for landing and takeoff of aircraft.

Transitional surface.\ An imaginary surface, whose design standards are referenced in the federal regulations, which extend outward perpendicular to the runway centerline sloping from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

Vegetation.\ Any object of natural growth.

D.

Airport safety zones. .....In order to carry out the provisions of this ordinance, there are hereby established certain zones which include all of the area and airspace lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as applicable. These zones are established as overlay zones, superimposed over the existing base zones, being more specifically zones of airspace that do not affect the uses and activities of the base zones except as provided for in this ordinance. An area located in more than one (1) of the following zones is considered to be only in the zone with the most restrictive height limitation. These zones are as follows:

Airport zone.\ A zone that is centered about the runway and primary surface, with the floor set by the horizontal surface.

Approach zone.\ A zone that extends away from the runway ends along the extended runway centerline, with the floor set by the approach surfaces.

Transitional zone.\ A zone that fans away perpendicular to the runway centerline and approach surfaces, with the floor set by the transitional surfaces.

Conical zone.\ A zone that circles around the periphery of and outward from the horizontal surface, with the floor set by the conical surface.

The source and the specific geometric design standards for these zones are to be found in Part 77.25, 77.28, and 77.29, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. A copy of these standards is available in the office of the zoning administrator, and are hereby adopted as a part of this ordinance.

E.

Airport safety zone height limitations. .....Except as otherwise provided in this ordinance, in any zone created by these regulations, no structure shall be erected, altered, or maintained, and no vegetation shall be allowed to grow to a height so as to penetrate any referenced surface, also known as the floor, of any zone provided for in this ordinance at any point.

The height restrictions, or floors, for the individual zones shall be those planes delineated as surfaces in Part 77.25, 77.28, and 77.29, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. A copy of these standards is available in the office of the zoning administrator.

F.

Use restrictions. .....Not withstanding any other provision of this ordinance, and within the area below the horizontal limits of any zone established by this ordinance, no use may be made of land or water in such a manner as to:

1.

Create electrical interference with navigational signals or radio communication between the airport and aircraft;

2.

Diminish the ability of pilots to distinguish between airport lights and other lights;

3.

Result in glare in the eyes of pilots using the airport;

4.

Impair visibility in the vicinity of the airport;

5.

Create the potential for bird strike hazards; or

6.

Otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft in the vicinity of and intending to use the airport.

G.

Nonconforming uses.

1.

Except as provided in this section, the regulations prescribed by this ordinance shall not require the removal, lowering, or other change or alternation of any structure or vegetation not conforming to the regulations as of the effective date of this ordinance, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this ordinance shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which has begun prior to the effective date of this ordinance, and is diligently pursued.

2.

Notwithstanding the provision of this section, the owner of any existing nonconforming structure or vegetation is hereby required to permit the installation, operation, and maintenance thereon of whatever markers and lights deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, or the zoning administrator to indicate to operators of aircraft the presence of that airport obstruction. These markers and lights shall be installed, operated, and maintained at the expense of the airport owners, and not the owner of the nonconforming structure in question.

H.

Permits and variances.

1.

Except as provided in this section, no structure shall be erected or otherwise established in any zone created by this ordinance unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which desired with the sufficient geometric specificity to determine whether the resulting structure would conform to the regulations prescribed in this ordinance. No permit for a structure inconsistent with these provisions shall be granted unless a variance has been approved as provided in this section.

2.

No permit shall be granted that would allow the establishment or creation or an obstruction or permit a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of this ordinance or any amendments thereto other than with relief as provided for in this section.

3.

Whenever the zoning administrator determined that a nonconforming structure has been abandoned or more than fifty percent (50%) destroyed, physically deteriorated, or decayed, no permit shall be granted that would enable such structure to be rebuilt, reconstructed, or otherwise refurbished so as to exceed the applicable height limit or otherwise deviate from the zoning regulations contained in this ordinance except with the relief as provided for in this section.

4.

An application for a variance to the requirements of this section shall be made in writing to the board of zoning appeals in accordance with the provisions of section 1-1019 of this ordinance. Prior to the any such application being considered by the board it shall be accompanied by a determination from the Virginia Department of Aviation as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace.

5.

In granting a variance, the board of zoning appeals may impose reasonable and appropriate conditions as it may deem necessary to protect the public interest and welfare. Such conditions may include, but need not be limited to, requirements to install, operate and maintain, at the owner's expense, such markings and lights as may be deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation or the zoning administrator. (7-7-05; 9-17-15; 7-19-18; 11-15-18.)

A.

Purpose. .....The comprehensive plan establishes an overall goal "to preserve and improve environmental quality of the county utilizing measures which protect Isle of Wight's natural resources and environmentally sensitive lands and waters", consistent with both the Virginia Clean Water Act and the Federal Clean Water Act. In land development, one (1) effective way towards accomplishing this goal is to establish environmental performance standards to establish the suitability of land for development. Virginia's enabling statutes for planning and zoning support environmental performance standards as a rational basis for utilizing the development suitability process. This process provides a more logical approach to define and allocate land holding capacities and densities to individual properties based upon the land and its underlying physical, environmental, and geological influences.

B.

Applicability. .....The net developable area shall be used for determining the density and building coverage of development permitted on a particular parcel or area. This approach shall apply to all forms of land development, with the exception of the following:

1.

Single-family lots subdivided and approved for development prior to the adoption of this ordinance.

2.

Single-family lots shown on a preliminary subdivision plat in compliance with the provisions of subsection 1-1014.B.

C.

Net developable area calculations.

1.

The percentage cited below of the total area of environmentally sensitive areas shall be removed from the total acreage of a parcel or area in order to derive the net developable area:

a.

Tidal wetlands: One hundred percent (100%).

b.

100-year floodplains: One hundred percent (100%).

c.

Resource protection areas, including the required one-hundred-foot buffer: One hundred percent (100%).

d.

Non-tidal wetland: Fifty percent (50%).

e.

Slopes in excess of fifteen percent (15%) but less than or equal to thirty percent (30%): Fifty percent (50%).

f.

Slopes in excess of thirty percent (30%): One hundred percent (100%).

Where environmentally sensitive areas overlap, the more restrictive environmentally sensitive area shall be used. In no case shall overlap be counted twice in the calculation of net developable area.

2.

In addition to the above features of a site, the total area of the easements or rights-of-way associated with a 150-KV or greater power transmission line or regional gas transmission line shall be removed from the total acreage in order to derive the net developable area.

3.

Twenty percent (20%) shall be subtracted from the calculated net developable acreage to allow for existing or planned public or private street rights-of-way, unless it can be demonstrated to the satisfaction of the zoning administrator that the proposed street rights-of-way in a development or subdivision will be less than twenty percent (20%) of the calculated net acreage.

4.

Required open space shall be calculated using gross acreage.

5.

All calculation of recreational space and landscaping requirements shall be based on the net developable area.

6.

No lot shall be designed, approved or employed for 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 cited in [paragraph] 1., above. This shall not apply to lots specifically created exclusively to preserve and maintain environmentally sensitive areas, as approved by the zoning administrator.

D.

Example of calculating net developable area. .....The following example is provided for illustrative purposes in calculating the net developable area in a typical subdivision, although this approach applies to all forms of development not specifically exempted:

Development capacity of SE property units per acre × 65.2 net developable acres = 130 units per acre

(7-7-05; 3-20-14; 9-17-15; 7-19-18; 11-15-18; 1-21-21.)

A.

Agriculture.

1.

Agricultural crop service towers and antennas. .....Agricultural crop service towers and antennas may be allowed subject to the following provisions:

a.

The maximum height allowed shall be no greater than two hundred (200) feet pursuant to Section 15.2-2293.1 of the Code of Virginia.

b.

Commercial service providers and nonagricultural uses are prohibited from locating on the tower.

c.

Design and lighting requirements. The requirements set forth in this section shall govern the location of all owners and the installation of all towers and antennas governed by this section; provided, however, that the zoning administrator may waive any of these requirements if it determines that the goals of this section are better service thereby.

i.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA (Federal Aviation Administration), be painted a neutral color, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, nonreflective color with no logos.

ii.

At a facility site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding structures; provided, however, that the zoning administrator may waive such requirements, as he/she deems appropriate.

iii.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

iv.

Towers shall not be artificially lighted, unless required by the FAA (Federal Aviation Administration) or other applicable authority. If lighting is required, the zoning administrator may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

v.

No advertising of any type may be placed on the tower or accompanying facility unless as part of retrofitting an existing sign structure.

d.

Federal requirements. All towers and antennas must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other agency of the federal government with the authority to regulate towers and antennas. In addition, the tower owner shall implement U.S. Fish and Wildlife Service procedures for communication tower construction, operation, and decommissioning to protect endangered night-migrating birds under the Migratory Bird Treaty Act, Endangered Species Act, and Bald and Golden Eagle Act.

e.

Building codes. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state and local building codes and regulations.

f.

Setbacks. The following setback requirements shall apply to all towers and antennas; provided, however, that the zoning administrator may reduce the standard setback requirements if the goals of this section would be better served thereby.

i.

Freestanding towers, guys, and accessory facilities must satisfy the setback requirement, no less than the height of the tower structure and height of any mounted antenna.

g.

Security fencing. Towers and antennas shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the zoning administrator may waive such requirements, as he/she deems appropriate.

h.

Removal of abandoned antennas and towers. Any tower or antenna that is not operated for a continuous period of twenty-four (24) months shall be considered abandoned, and the owner of each such antenna or tower shall remove same within ninety (90) days of receipt of notice from the county notifying the owner of such removal equipment requirement. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings to a minimum depth of three (3) feet. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. At the discretion of the county, a surety bond in a form acceptable to the county attorney may be required to ensure that the funds necessary for removal are available to the county in the event the structure is abandoned.

B.

Commercial feedlot.

1.

All commercial feedlots, including commercial poultry houses, dairy barns, and other uses or structures involving the concentrated handling or confinement of animals or fowl erected after the effective date of this ordinance, shall be set back a minimum distance of eighty (80) feet from all public or private streets and at least one thousand (1,000) feet from any of the following: Rural residential (RR), neighborhood conservation (NC), suburban estate (SE), suburban residential (SR), urban residential (UR), limited commercial (LC), general commercial (GC), planned development residential (PD-R), planned development manufactured home park (PD-MH), planned development commercial park (PD-CP), or planned development mixed-use (PD-MX) zoning district boundary lines.

C.

Family burial plot.

1.

The minimum property size on which to establish a new family burial plot shall be five (5) acres. The maximum size of a family burial plot shall be two thousand (2,000) square feet. Only (1) one family burial plot may be located on any parcel.

2.

Family burial plots shall comply with the supplementary use regulations for cemeteries included in this article.

3.

Family burial plots shall be subject to any applicable requirements of the county subdivision ordinance.

D.

Farm employee housing.

1.

An accessory manufactured home (Class A or B), may be erected upon the approval of a conditional use permit as an accessory use to an agricultural use exclusively for a farm employee, and his/her family, in accordance with the following requirements:

a.

The manufactured home shall be removed when it is no longer occupied by a farm employee.

b.

No more than one (1) farm employee manufactured home for every twenty-five (25) acres of land, or portion thereof, in agricultural use shall be permitted.

c.

A Class B manufactured home previously approved under conditional use permit for farm employee housing may be replaced with a Class A manufactured home provided a zoning and building permit is obtained.

2.

Multifamily housing may be constructed upon the approval of a conditional use permit for agricultural uses that rely on temporary seasonal employees. Such housing shall only be used to accommodate temporary seasonal employees during periods of their employment as a farm employee of the agricultural use. To construct multifamily housing for farm employees a conditional use permit must be obtained from the board of supervisors.

3.

All farm employee housing shall comply with the setback requirements of the principal structure.

4.

Where public sewer is not available, the Isle of Wight County Health Department shall approve sewage disposal for all farm employee housing.

E.

Forestry operation, silvicultural and/or timbering.

1.

Silvicultural and/or timbering operation. For all properties within the Chesapeake Bay Watershed, forestry operation shall comply with the Chesapeake Bay Area Ordinance.

F.

Livestock auction market.

1.

Livestock auction markets, where permitted in this ordinance, shall be subject to the following requirements and site plan approval:

a.

A minimum lot area of five (5) acres.

b.

Stock pens and main buildings located at least two hundred (200) feet from any street or highway and at least two hundred (200) feet from any property line existing at the time of application.

G.

Reptile breeding.

1.

In additional to obtaining a conditional use permit, reptile breeding shall comply with the following provisions:

a.

Each reptile shall be kept in one hundred percent (100%) escape proof, temperature controlled glass cage. The only exception shall be during breeding and no more than two (2) reptiles shall be kept in a cage for breeding purposes at in any given time.

b.

Each cage shall contain proper housing, shelter, feeding and water accommodations.

c.

An operational plan shall accompany the conditional use permit application to describe how the business will operate, what structures/facilities will be devoted to the use, what species of reptiles will be kept, how large they grow and how will they will be caged long term, how the reptiles will be cared for including feeding, medical check-ups, how the cages will be cleaned and maintained to prevent the spread of bacteria, how waste disposal will be handled, and any other information as may be determined by the zoning administrator, planning commission and board of supervisors.

d.

The keeping of reptiles shall comply with all local, state and federal requirements.

H.

Sawmill.

1.

A permanent or temporary sawmill shall be no less than three hundred (300) feet from any lot line or street right-of-way.

2.

A permanent or temporary structure shall not be located on environmentally sensitive lands (RPAs) and wetlands.

3.

All power saws and machinery will be secured against tampering or locked when not in use.

4.

A temporary sawmill shall only be established to process timber cut from the parcel on which the temporary sawmill is located or on immediately adjacent parcels and shall only be allowed for a period of only one (1) year. For periods exceeding one (1) year, a conditional use permit shall be obtained from the board of supervisors.

5.

A temporary sawmill shall be located at least two hundred (200) feet from any residence located on an adjoining property.

6.

No processing, milling, finishing or artificial means of drying green lumber shall be associated with a temporary sawmill.

7.

Green lumber and all other products and by-products from the temporary sawmill shall be removed from the site at least every sixty (60) days.

8.

Buildings associated with a temporary sawmill shall be limited to shelter for the sawmill equipment and essential shelter for personnel. No building shall be erected for the storage, processing, or drying of green lumber.

I.

Stable, commercial.

1.

In any district where permitted or permitted subject to a conditional use permit, commercial stables shall provide a lot area of ten (10) acres or more.

2.

Accessory tack shops not exceeding one thousand (1,000) square feet are permitted in conjunction with commercial stables.

3.

Commercial stables shall prepare and follow a management plan for responsible and environmentally safe management of all animal wastes. Such plan shall be approved, when required, by the Virginia Department of Environmental Quality, Division of Water. Animal waste shall not create a nuisance or health hazard to adjoining property owners.

J.

Stable, private. .....A private stable may be permitted subject to the following provisions:

1.

A minimum of two (2) acres shall be required for a private stable and no more than one (1) horse per acre, excluding one (1) acre for the residence, shall be allowed on any lot. This requirement shall not apply to lots with an area of ten (10) acres or more, excluding an acre for the residence.

2.

No building or corral, excluding open pasture, shall be located less than fifty (50) feet from the nearest property line or two hundred (200) feet from the nearest residence on an adjoining lot, whichever is greater.

3.

Stables shall properly manage animal waste so as to not create a nuisance or health hazard to adjoining or nearby property owners.

K.

Wayside stand. .....A structure may be permitted for the display and sale of agricultural and fishery products grown and produced on-premises subject to the following standards:

1.

A zoning permit is required for first year's operation.

2.

A wayside stand structure shall not exceed seven hundred fifty (750) square feet in floor area and ten (10) feet in height and must be in compliance with the applicable standards of the Virginia Uniform Statewide Building Code.

3.

All structures shall meet the minimum yard setback requirements of the underlying zoning district be located outside of the required twenty-five (25) foot sight triangle formed by the intersection of the driveway and the public or street rights-of-way in accordance with section 5-2000.O. It shall be located so as to provide safe ingress and egress from public or street rights-of-way.

4.

All wayside stands and related structures shall be considered seasonal or temporary in nature. (7-7-05; Ord. No. 2011-11-C, 7-7-11; 9-17-15; 11-17-16; 7-19-18; 11-15-18; 11-21-24(3).)

A.

Accessory apartment. .....It is the specific purpose and intent to allow accessory apartments through conversion of existing larger residential structures and in the construction of new structures. Such uses are to provide the opportunity and encouragement to meet the special housing needs of single persons and couples of low- and moderate-income, both young and old, as well as relatives of families residing in the county. It is furthermore the intent and purpose of accessory apartments to allow the more efficient use of the county's existing housing stock, in a manner consistent with the land use objectives identified in the comprehensive plan and to provide alternative housing opportunities while protecting and preserving property values and community character. To help achieve these goals and purposes, the following standards are set forth as conditions for such accessory uses:

1.

Residential accessory apartment. .....Where allowed as a permitted or a conditional use in the underlying zoning district, the following shall apply:

a.

Minimum lot size requirement. .....Accessory apartment shall not be permitted on any lot which does not have one hundred percent (100%) of the minimum lot size requirement for the zoning district in which the use is located.

i.

An accessory apartment may be located either in a primary dwelling unit or as a separate accessory building or as part of an accessory structure on the same lot or parcel as the primary dwelling.

ii.

The owner of the residential dwelling unit shall occupy at least one (1) of the dwelling units on the premises.

b.

Reserved.

c.

Apartment size.

i.

Maximum floor area: .....The maximum floor area of an accessory apartment in a primary dwelling shall not exceed one thousand (1,000) square feet or thirty-five percent (35%) of the living area of the primary dwelling, excluding garages, breezeways, etc., whichever is less. The maximum floor area of an accessory dwelling or an accessory apartment in an accessory building shall not exceed fifty percent (50%) of the floor area of the principal dwelling or one thousand two hundred (1,000) square feet, whichever is less.

ii.

The maximum height of a stand-alone accessory apartment not part of the principal dwelling or an accessory structure shall be fifteen (15) feet, or one (1) story in height.

d.

Maximum number of bedrooms. .....No more than two (2) bedrooms are permitted in an accessory apartment.

e.

Maximum number of accessory apartments. .....No more than one (1) accessory apartment is permitted per parcel.

f.

Exterior appearance. .....If an accessory apartment is located in the primary dwelling, the apartment entry shall be located on the side or rear of the unit, and its design shall be such that the appearance of the dwelling will remain as a single-family residential structure. No accessory apartment shall be attached to a primary dwelling by open walkways, breezeways, patios, decks, etc.

g.

Water and sewer service. .....Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Department of Health or the department of public utilities.

h.

Parking. .....One (1) parking space shall be required in addition to the required parking for the primary dwelling.

2.

Commercial accessory apartment. .....Where allowed as a permitted or a conditional use in the underlying zoning district, the following shall apply:

a.

Location. .....A commercial accessory apartment may be located either above or attached to the rear of a commercial unit. In no case shall an accessory apartment be allowed in an accessory structure.

b.

Minimum lot size. .....The minimum lot size for a commercial unit with an accessory apartment shall meet the minimum square footage required for the zoning district in which the use is located.

c.

Maximum floor area.

i.

The maximum floor area of an accessory apartment located above a commercial unit shall not exceed fifty percent (50%) of the entire unit.

ii.

The maximum floor area of an accessory apartment located to the rear of a commercial unit shall not exceed thirty-five percent (35%) of the entire unit.

d.

Maximum number of bedrooms. .....No more than two (2) bedrooms are permitted in an accessory apartment.

e.

Maximum number of accessory apartments. .....No more than one (1) accessory apartment is permitted per commercial use.

f.

Exterior appearance.

i.

The entry to the apartment shall be located on the side or rear of the commercial unit, and the building design shall maintain its commercial character and appearance.

ii.

No accessory apartment shall be attached to a commercial unit by open walkways, breezeways, patios, decks, etc.

g.

Water and sewer service. .....Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Department of Health or the department of public utilities.

h.

Parking. .....Parking for the apartment must be located to the rear or side of the commercial unit. Each apartment must be provided one and one-half (1.5) parking spaces in addition to what is required for the commercial use.

B.

Boathouse, dock, or pier.

1.

A boathouse, dock, or pier, where permitted in this ordinance, shall be permitted as an accessory use on property where a legally established single-family dwelling exists.

2.

A conditional use permit shall be required for a boathouse, dock, or pier where there is no existing residence.

C.

Community recreation.

1.

Except in the case of a planned development, community recreational facilities shall be developed solely for the noncommercial use of the residents and guests of the residential development.

2.

A conditional use permit shall be required for the commercial or noncommercial use of a community recreational facility by the general public. The board of supervisors, following a recommendation by the planning commission, may vary area and setback requirements for existing facilities, provided that alternative methods of protecting adjoining properties are required as conditions of the conditional use permit.

3.

Community recreational facilities may be owned and operated by a homeowner's association or a private or public entity.

4.

All outdoor recreational playfields, grounds and facilities and associated fences or enclosures shall conform to the required front and corner side yard building setbacks of the underlying zoning district.

5.

Recreational structures for indoor recreation shall meet the required setbacks of the underlying zoning district for a primary use.

6.

Pedestrian access to community recreational areas shall be provided throughout the entire development.

7.

Entrances for vehicular access must be provided in accordance with requirements of the Virginia Department of Transportation, and shall be located at least fifteen (15) feet from any recreational use on the lot and from exterior lot lines.

8.

Vehicular parking shall be in accordance with the requirements of this ordinance and shall not be designed as to require or encourage cars to back into a street.

a.

A reduction of up to twenty-five percent (25%) may be granted administratively if the development contains bike paths and a bike parking area. This reduction does not apply to the requirements for employee vehicular parking, or to any community recreational facility open to the general public.

9.

A landscaped buffer shall be provided for all community recreational uses in accordance with the requirements for civic use types in article VIII.

a.

Tot lots developed separately from other recreational areas may be exempt from landscaping requirements.

10.

Lighting shall be installed in accordance with article XI and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic.

D.

Condominium.

1.

Condominium developments shall be regulated by use in accordance with the underlying zoning district.

2.

A condominium development may be developed in accordance with the townhouse or multifamily standards as found in the supplementary use regulations, except that a townhouse condominium development shall not be permitted to deed any portion of the land with the townhouse unit.

3.

Any subdivision of land within a condominium development shall comply with the Isle of Wight County Subdivision Ordinance and other county regulations as may by applicable.

E.

Dwelling, multifamily conversion. .....Where allowed in the underlying zoning district, a single-family residence in existence as of July 1, 1997, may be converted to a multifamily dwelling containing not more than four (4) dwelling units in accordance with the following:

1.

Minimum area and setback requirements.

a.

Conversions into two (2) dwelling units shall require at least one hundred fifty percent (150%) of the minimum lot size in the district in which it is located.

b.

Conversions into three (3) dwelling units shall require at least two hundred percent (200%) of the minimum lot size in the district in which it is located.

c.

Conversions into four (4) dwelling units shall require at least two hundred fifty percent (250%) of the minimum lot size in the district in which it is located.

d.

The original single-family residence shall meet the minimum setback requirements of the underlying zoning district.

2.

Minimum floor area. .....The original single-family residence shall contain at least two thousand (2,000) square feet of floor area.

3.

Water and sewer service. .....Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Department of Health or the Isle of Wight County Department of Public Utilities.

F.

Dwelling, two-family duplex.

1.

Yard setback. .....All setbacks and other requirements in the district in which it is located shall apply, except that the side yard along a common wall separating the two (2) units shall be zero (0) feet.

2.

Water and sewer service. .....Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Department of Health or the Isle of Wight County Department of Public Utilities.

G.

Family day care home (serving six (6) to twelve (12) children). .....The following must be satisfied prior to the issuance of a zoning permit for a family day care home serving six (6) through twelve (12) children:

1.

The zoning administrator shall send written notification by certified letter to the last known address of each adjacent property owner advising of the proposed family day care home.

2.

If no written objection from any property owner so notified is received within thirty (30) days of the date of sending the notification letter and the zoning administrator determines that the family day care home otherwise complies with the zoning ordinance, the zoning administrator may issue a zoning permit for the family day care home.

3.

If written objection from any property owner so notified is received within thirty (30) days of sending the notification letter, then the zoning administrator may not issue a zoning permit unless and until such time as a conditional use permit for the family day care home is approved by the board of supervisors with a recommendation by the planning commission.

H.

Guest house.

1.

Location. .....A guest house shall be located as an accessory structure that meets required primary structure setbacks. Guest houses shall not be permitted on any lot which does not have one hundred percent (100%) of the minimum lot size requirement for the zoning district in which the use is located.

a.

The owner of the lot or parcel must occupy the primary dwelling.

b.

A guest house shall not be permitted as an accessory structure prior to the construction and occupancy of the primary dwelling.

2.

Occupancy.

a.

No such quarters shall be occupied by the same guest or guests for more than three (3) consecutive months in any twelve-month period.

b.

No such quarters shall be rented, leased, or otherwise made available for compensation of any kind.

3.

Minimum lot size. .....The minimum lot size for a primary dwelling with a guest house shall be one hundred fifty percent (150%) of the minimum lot size required for the zoning district in which the use is located.

4.

Setback requirements. .....A guest house shall meet the required setbacks of the underlying zoning district for the primary dwelling.

5.

Maximum floor area. .....The maximum floor area of a guest house shall not exceed thirty percent (30%) of the floor area of the primary dwelling, excluding garages, breezeways, patios, decks, etc.

6.

Maximum number of bedrooms. .....No more than two (2) bedrooms are permitted in a guest house.

7.

Maximum number of guest houses. .....There shall be no more than one (1) guest house permitted per residential lot or parcel.

8.

Exterior appearance. .....The design of a guest house shall maintain and enhance the character and exterior appearance of the primary dwelling.

9.

Water and sewer service. .....Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Health Department or the Isle of Wight County Department of Public Utilities.

I.

Home occupation, Type I and Type II.

1.

Intent. .....These provisions are adopted in recognition that certain small-scaled commercial activities may be appropriate in conjunction with residential uses. The character and scale of such commercial activities must be subordinate and incidental to the principal use of the premises for dwelling purposes, and must be consistent with the predominant residential character of the property and/or surrounding neighborhood. In addition, these provisions are intended to limit the size of such home occupations to not create an unfair competitive advantage over businesses located in commercially zoned areas.

2.

Types of home occupations. .....Recognizing the divergent needs of the developing areas of the county from the rural areas of the county, two (2) levels or types of home occupations have been established. Type I home occupations afford the greatest degree of protection to surrounding residents in those areas that are developing and becoming more suburban in nature. In contrast, Type II home occupations have been established to recognize the greater spaces between residents as well as the types of activities that are similar to those associated with the more traditional agricultural and forestry related activities found in the rural areas.

3.

Uses for home occupation: Type I. .....Type I home occupations are allowed in the following zoning districts: VC, NC, SE, SR, UR, PD-R, PD-MH, and PD-MX. The following is a representative listing of uses which may be conducted as Type I home occupations within the limits established in this section, however, uses not listed below require a specific letter of confirmation from the zoning administrator:

•

Art, handicraft, music, writing, photography, or similar studios

•

Computer and home typing services

•

Direct sales product distribution as long as products are directly delivered to the customer

•

Dressmaker, seamstress, tailor

•

Babysitting (up to five (5) children)

•

Hair cutting and styling

•

Home typing or computer services

•

Mail-order sales for delivery directly to the customer

•

Non-principal offices of physician, dentist, veterinarian, insurance agent, real estate or similar profession

•

Offices of accountant, architect, engineer, surveyor, land planner, soil scientist, lawyer, income tax preparer, minister, priest, rabbi, member of a religious order, psychotherapist, counselor, management consultant or similar professional

•

Preparation of food for off-premises catering

•

Telephone sales and order-taking

•

Tutor

4.

Uses for home occupation: Type II. .....Type II home occupations are allowed in the following zoning districts: RAC and RR. The following is a representative listing of uses that may be conducted as Type II home occupations within the limits established in this section, however, uses not listed below require a specific letter of confirmation from the zoning administrator:

•

All Type I uses

•

Carpentry shop

•

Contractor businesses

•

Electronic sales and service

•

Facilities for service and repair of agricultural equipment and incidental sale of parts and supplies

•

Glazier's or painter shop

•

Gunsmith following section 5-5002.1.9

•

Heating, plumbing, or air conditioning services

•

Landscape and horticultural services

•

Personal transportation services, including, but not limited to, limousine service, taxi service, and medical transportation services

•

Machine shop/metal working provided all is completed in a completely enclosed building

•

Massage, physical therapy

•

Motor vehicle display for purposes of sale of up to four (4) vehicles per year (no more than one (1) vehicle may be displayed at any time)

•

Repair of small appliances, small engines and limited machining of small parts, office machines, cameras, and similar small items

•

Repair or servicing of small internal combustion engines used in lawn mowers, edgers, hedge trimmers, power saws and similar yard maintenance equipment inside enclosed structure

•

Retail sales of agricultural, craft and woodworking products principally produced on-site

•

Taxidermy (See supplementary use regulations section 5-5005.AA)

•

Telephone answering service

•

Veterinary services

•

Waterman's operation with on-premises wholesale and retail sale prohibited

•

Wood working and furniture repair, upholstery and cabinet making

5.

Uses that are prohibited as home occupations. .....The following uses shall be prohibited as home occupations:

•

Vehicle or boat repair or painting

•

Equipment or vehicle rental

•

Seafood or bait sales

•

Furniture sales

•

Funeral director, mortuary or undertaker

•

Laboratory shop

•

Medical or dental clinic

•

Private clubs

•

Restaurants

•

Animal hospitals

•

Commercial stables

•

Commercial kennels

•

Antique shops

•

Gun shops, sale of firearms

•

Bed and breakfast

•

Fortune-teller, including a clairvoyant, a practitioner of palmistry, a phrenologist, a faith healer, a star analyst, a handwriting analyst who attempts to predict the future or any other person who attempts to predict the future

•

Tattoo parlors

6.

General requirements for all home occupations. .....All home occupations shall follow the requirements set forth in subsections 7. through 10. below. However, should a home occupation exceed the requirements of said sections they shall be permitted to apply for a conditional use permit from the board of supervisors pursuant to section 1-1017.

7.

General standards for all home occupations.

a.

The maximum floor area devoted to home occupations shall not exceed twenty-five percent (25%) of the finished floor area of the dwelling unit.

b.

More than one (1) home occupation may be permitted provided the total floor area used for all home occupations is not exceeded.

c.

No dwelling or structure shall be altered, occupied, or used in a manner, which would cause the premises to differ from a character consistent with a residential use. The use of colors, materials, construction, lighting, or other means inconsistent with a residential use shall be prohibited.

d.

There shall be no outside storage of goods, products, equipment, excluding motor vehicles, or other materials associated with the home occupation. No toxic, explosive, flammable, radioactive, or other hazardous materials used in conjunction with the home occupation shall be used, sold, or stored on the site.

e.

The type and volume of traffic generated by a home occupation shall be consistent with the traffic generation characteristics of other dwellings in the area.

f.

Off street parking shall be provided as appropriate for the specific nature of the home occupation.

g.

The home occupation shall not involve the commercial delivery of materials or products to or from the premises. This excludes delivery by the United States Postal Service, Federal Express (FEDEX), United Parcel Service (UPS) or similar delivery services customarily found in residential areas.

h.

The home occupation shall not increase demand on water, sewer, or garbage collection services to the extent that the combined demand for the dwelling and home occupation is significantly more than is normal to the use of the property for residential purposes.

i.

No equipment or process shall be used in a home occupation which creates noise in excess of the requirements set forth in the Isle of Wight County Noise Ordinance. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or through common walls.

j.

No activity in conjunction with a home occupation shall be conducted that adversely impacts or disturbs adjoining property owners.

k.

Signs are permitted in accordance with article IX of this ordinance. Only one (1) sign shall be permitted regardless of the number of home occupations, and must be setback ten (10) feet from the road as measured from the front property line.

l.

All state, federal and local licenses and/or permits shall be obtained prior to operation.

8.

Specific standards for Type I home occupations.

a.

Home occupations shall be confined to the primary dwelling.

b.

No one other than permanent residents of the dwelling shall be engaged or employed in such occupation.

c.

There shall be no display or storage of goods or products visible from the public right-of-way or adjacent property.

d.

Lessons in the applied arts shall be permitted, provided the class size for any lesson does not exceed five (5) students at any one (1) time.

e.

Except in the RAC and RR districts, no commercial vehicles shall be parked or stored on the premises associated with the home occupation.

9.

Specific standards for Type II home occupations.

a.

Storage of goods or products shall not exceed ten percent (10%) of the finished floor area devoted to the home occupation.

b.

One (1) person who is not a permanent resident of the dwelling may be engaged or employed in the home occupation.

c.

An accessory building or structure may be used with the home occupation, provided that the total floor area devoted to the home occupation in the accessory structure and dwelling unit does not exceed thirty percent (30%) of the finished floor area of the dwelling unit.

10.

Specific standards for gunsmith as a home occupation. .....A gunsmith shall be allowed as a home occupation in the RAC and RR districts provided that it meets all specific standards for home occupations outlined above, and shall meet the following additional requirements specific to this use.

a.

The owner of the lot or parcel must occupy the primary dwelling.

b.

The gunsmith home occupation is specific to the owner/operator, should a new owner/operator wish to operate a gunsmith as a home occupation the process outlined in this section shall be completed regardless of a previous permit.

c.

A zoning permit shall not be issued for a gunsmith home occupation until the following procedure has been completed:

i.

The zoning administrator is to send written notification by certified letter to the last known address of each adjacent property owner advising them of the proposed gunsmith home occupation and informing them that the permit may be issued if written comments are not received within thirty (30) days. The property shall also be posted with a sign pursuant to section 1-1021 for no less than fourteen (14) days prior to the expiration of the thirty-day period.

ii.

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

iii.

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

J.

Kennel, private. .....A private kennel shall be located fifty (50) feet from any property zoned other than RAC or RR.

K.

Manufactured home, Class A. .....A manufactured home, Class A may be permanently located on a lot or parcel as permitted by the underlying district, except in planned development manufactured home parks. For the purposes of this section, the following shall apply:

1.

The manufactured home is the only residential structure located on the lot or parcel;

2.

The manufactured home has a width of nineteen (19) or more feet;

3.

The pitch of the home's roof has a minimum vertical rise of one (1) foot for each five (5) feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction;

4.

The exterior siding consists of materials comparable in composition, appearance, and usability to the exterior siding commonly used in standard residential construction;

5.

The manufactured home is constructed on a permanent footing that meets the requirements of the building code. The foundation wall shall be a continuous, masonry foundation, unpierced except for required ventilation and access and shall be installed prior to occupancy; and

6.

The tongue, axles, transporting lights, and towing apparatus are removed after placement on the lot and before occupancy.

L.

Manufactured home, Class B.

1.

A manufactured home, Class B may be permanently located on a lot or parcel as permitted by the underlying zoning district, except in planned development manufactured home parks.

2.

For the purposes of this section, the following shall apply:

a.

The manufactured home is the only residential structure located on the lot or parcel.

b.

The manufactured home is constructed on a permanent footing that meets the requirements of the building code. Skirting may be permitted around the perimeter of the foundation.

c.

The tongue, axles, transporting lights, and towing apparatus are removed after placement on the lot and before occupancy.

M.

Manufactured home, family member residence. .....A manufactured home, Class B, located on the same lot or parcel as a primary dwelling may be allowed as an accessory use in accordance with the provisions of the underlying zoning district. For the purposes of this section, the following shall apply:

1.

The manufactured home shall be occupied solely by a specified family member or members, related to the occupants of the primary residence on the property.

a.

The owner of the lot or parcel must occupy the primary dwelling.

b.

A family member manufactured home shall not be permitted prior to the construction and occupancy of the primary dwelling.

c.

The manufactured home shall be removed not later than ninety (90) days after no longer being occupied by the specified occupants.

2.

The minimum lot size for a primary residence with a family member manufactured home shall be one hundred fifty percent (150%) of the minimum square footage required by the underlying zoning district.

3.

Where public sewer is not available, the Isle of Wight County Health Department shall approve sewage disposal for all family member manufactured homes.

4.

Only one (1) family member manufactured home is allowed per parcel.

5.

No family member manufactured home shall be allowed on a lot with another manufactured home, Class B.

6.

A zoning permit shall not be issued for a family member manufactured homes until the following procedure has been completed:

a.

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

b.

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

c.

If the zoning administrator receives written objection from any property owner so notified within thirty (30) days of the date of sending the notification letter, then the zoning administrator may not issue a zoning permit unless and until such time as a conditional use permit for the proposed manufactured home for a family member is approved by the board of supervisors with a recommendation by the planning commission.

N.

Manufactured home, temporary residence. .....A manufactured home, Class B may be allowed as a temporary residence during the construction, repair, or renovation of a permanent residential structure on a single lot or parcel subject to the following:

1.

All permits for temporary residences, while repairing a permanent residence shall expire within one (1) year after the date of issuance. No extension shall be considered unless substantial construction has been initiated on the permanent residence. One (1) extension not exceeding ninety (90) days may be granted by the zoning administrator if it is determined that such additional time is required to reasonably complete the construction, repair or renovation of the permanent residence.

2.

All permits issued for temporary residence while constructing a new replacement residence shall expire within two (2) years after the date of issuance. No extension shall be considered unless substantial construction has been initiated on the replacement residence. One (1) extension not exceeding ninety (90) days may be granted by the zoning administrator if it is determined that such additional time is required to reasonably complete the construction, repair or renovation of the replacement residence.

3.

All temporary manufactured homes must be removed at least thirty (30) days after a final certificate of occupancy has been issued.

4.

Only one (1) temporary manufactured home is allowed per parcel.

O.

Multifamily dwelling/congregate housing.

1.

Districts permitted. .....Multifamily and congregate housing uses are permitted as indicated in the zoning district regulations. The following standards for such uses are intended to supplement, and in some cases, supersede those outlined in the schedule of zone regulations district regulations.

2.

Density controls for multifamily apartment development.

a.

Lot area and dimensions.

i.

Minimum frontage: .....One hundred (100) feet in continuous frontage.

ii.

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

iii.

Minimum setbacks:

Front: Thirty (30) feet.

Side: Fifteen (15) feet.

Rear: Twenty (20) feet.

3.

Buffers and special setback requirements.

a.

An additional setback of one (1) foot for each one (1) foot of height in excess of thirty-five (35) feet shall be required from all public streets and any property line adjacent to single-family residential districts or property used for single family dwellings. No parking or refuse containers should be located within the required setback area between single family and multifamily.

b.

The minimum distance between multifamily structures shall be no less than the height of the taller of the two (2) adjacent structures.

4.

Maximum density: .....Fourteen (14) dwelling units per acre.

5.

Lot coverage: .....The maximum lot coverage shall be sixty (60) percent of the total tract area.

6.

Open space:

a.

A minimum of seven hundred and fifty (750) square feet per unit shall be maintained as open space. This required open space shall not be devoted to service driveways, off-street parking, or loading spaces.

b.

Each such recreational space shall be at least fifty (50) feet in the least dimension.

7.

[Multifamily apartments:] .....Multifamily uses shall be provided with public water and public sewerage systems constructed in accordance with county standards and specifications for such systems and be approved by all appropriate agencies.

8.

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

9.

Landscaping: .....For the purpose of landscaping, multifamily dwellings shall be treated as a commercial use type and required to submit a landscaping plan meeting all of the guidelines and specifications of article VIII pertaining to such use types.

10.

Management of common and open spaces in multifamily developments:

a.

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

b.

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

c.

The management structure shall be established prior to final site plan or construction plan approval.

d.

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

e.

The management structure shall manage all common and open spaces, recreational and cultural facilities, and private streets, and shall provide for the maintenance, administration and operation of said land and improvements, and secure adequate liability insurance on the land.

f.

The management structure and organization shall comply with the Condominium Act, Code of Virginia (1950), as amended.

11.

Architectural treatment: .....The following architectural treatments shall be incorporated into all multifamily developments:

a.

Developments shall possess architectural variety but enhance an overall cohesive residential character. This character shall be achieved through the creative use of design elements such as balconies and or/terraces, articulation of doors and windows, varied sculptural or textural relief of facades, and architectural ornaments, varied rooflines or other appurtenances such as lighting fixtures and/or plantings, and where applicable varied placement of front entryways.

b.

Pedestrian pathways shall be used to link all buildings, greenspaces, and recreational areas within the development. Buildings shall be linked to sidewalks and to each other as appropriate. These walkways shall be landscaped and lighted.

c.

Open space areas shall be considered an organizing element of the site plan. Courtyards or greens shall be utilized within the development. In such instances, residential buildings shall front on these open spaces.

P.

Residential chickens.

1.

Districts permitted. Chickens shall be permitted in the following zoning districts: Rural residential (RR), village center (VC), neighborhood conservation (NC), suburban estate (SE), suburban residential (SR), and only in conjunction with an occupied single-family residence, and shall be subject to the standards set forth herein.

2.

The following standards shall apply to all residential chickens.

a.

All chickens shall be provided with a predator proof shelter that is thoroughly ventilated, provides adequate sun and shade and protection from the elements, and is designed to be easily accessed and cleaned.

b.

All shelters and associated structures including fencing shall be located fully to the rear of the residential structure.

c.

All chickens shall be kept in the shelter outlined in item a., shall have their wings clipped to prevent excessive ranging, and shall be prohibited from free ranging unless under the supervision of the owner or his designee.

d.

The maximum number of chickens permitted on a residential property shall be six (6). The keeping of all other types of poultry or fowl are prohibited.

e.

No roosters shall be permitted to be kept on a residential property.

f.

All shelters and associated structures including fencing shall be kept in a neat and sanitary condition at all times, and must be cleaned on a regular basis so as to prevent odors outside the boundaries of the property. All feed for the chickens shall be kept in a secure container or location to prevent the attraction of rodents and other animals.

g.

No person shall store, stockpile or permit any accumulation of chicken litter and waste in any manner whatsoever that, due to odor, attraction of flies or other pests, or for any other reason which diminishes the rights of the adjacent property owners to enjoy reasonable use of their property.

h.

No commercial activity such as the selling of eggs or chickens for meat shall be permitted to occur from the residential property.

i.

A zoning waiver shall be required prior to the keeping of chickens on residentially zoned properties or the placement of any associated structures.

Q.

Temporary emergency housing.

1.

Intent. .....These regulations are adopted in recognition that temporary emergency housing options may be necessitated by fire, flood, or other unforeseen and sudden acts of nature.

2.

Temporary emergency housing used under a declared disaster.

a.

Temporary emergency housing may be placed on property when a disaster has been declared by the board of supervisors, the Governor of the Commonwealth of Virginia, or the President of the United States in accordance with applicable state and federal law.

b.

A zoning permit shall be obtained before temporary emergency housing can be placed on the property.

c.

All zoning requirements, including setback requirements, may be waived as determined to be necessary by the zoning administrator.

d.

The period for temporary placement of such structures shall be no more than twelve (12) months, unless an extension is specifically authorized by the board of supervisors for an additional period of time to be set by the board.

e.

No action under these provisions shall authorize permanent improvements or establishing a use in violation of this ordinance or any other law.

3.

[Temporary emergency housing used during reconstruction.] .....Temporary emergency housing, used during reconstruction or replacement of an uninhabitable dwelling lost or destroyed by fire, flood, or other unforeseen and sudden acts of nature.

a.

The zoning administrator may authorize the emergency use of a temporary emergency housing on a lot, if the building official certifies that the permanent dwelling on the lot is uninhabitable.

b.

Only one (1) temporary emergency housing unit shall be permitted on any lot of record. It shall be located on the same lot as the destroyed dwelling, and must be occupied only by the person, persons, or family, whose dwelling was destroyed.

c.

The temporary emergency housing shall meet all setback and yard requirements for the district in which it is located. It shall be anchored and stabilized in accordance with the provisions of the Virginia Uniform Statewide Building Code.

d.

A one-time extension of up to ninety (90) additional days may be granted by the zoning administrator if substantial reconstruction of the destroyed dwelling has occurred, and work has, and is continuing to progress. The temporary emergency housing must be removed within thirty (30) days after a final certificate of occupancy has been issued for the reconstructed dwelling.

R.

Townhouse. .....Townhouses are permitted as indicated in zoning district(s) regulation(s). The following standards for townhouse development are intended to supplement, and in some cases, supersede those outlined in the district regulations:

1.

Density requirements:

a.

Maximum density: Fourteen (14) dwelling units per acre.

2.

Townhouse developments:

a.

Each parcel utilized for townhouse development shall have a minimum frontage of at least one hundred (100) feet upon a public street and shall have a minimum depth of not less than one hundred (100) feet.

b.

The maximum lot coverage shall be sixty (60) percent of the total tract area.

3.

Townhouse lots:

a.

The lot width, measured at the building line, for individual townhouse dwelling units shall be no less than twenty (20) feet.

b.

The lot width of end units of townhouse structures shall be adequate to provide the required side yards.

c.

There shall be no more than one (1) townhouse dwelling unit on a townhouse lot.

d.

Individual townhouse lots shall contain no less than one thousand five hundred (1,500) square feet.

4.

Yard requirements:

a.

Front yards. .....The front yard of a townhouse lot which fronts on a public or private street shall be twenty (20) feet.

b.

Side yards. .....Side yards shall be required only for end unit lots of a townhouse structure and shall be ten (10) feet in width, except that a side yard adjacent to a public or private street, or adjacent to the property line of the townhouse development shall meet the required minimum front yard setback.

c.

Rear yards. .....A rear yard of twenty (20) feet shall be provided for each townhouse lot.

5.

Building requirements and relationship:

a.

Dwelling units per townhouse structure and length of structure. .....No more than ten (10) dwelling units shall be contained in a townhouse structure with entire structure not to exceed three hundred (300) feet in length.

b.

Setback between buildings. .....The minimum distance between any two (2) unattached townhouse structures shall be thirty (30) feet. The setback shall be increased to fifty (50) feet if the townhouse structures are face to face. The point of measurement shall be the exterior walls of the structures and does not include balconies or other architectural features.

c.

Distance to service areas. .....No townhouse structure shall be closer than twenty (20) feet to any interior driveway or closer than fifteen (15) feet to any off-street parking area excluding a garage or parking space intended to serve an individual townhouse unit.

6.

[Minimum livable area:] .....Individual townhouse units shall contain at least nine hundred (900) square feet of livable floor area, exclusive of garages, carports, basements, attics, open porches, patios, or breezeways.

7.

Utilities—Water and sewage systems:

a.

Townhouses shall provide public water and public sewerage systems constructed in accordance with standards and specifications for such systems and be approved by all appropriate agencies including the Isle of Wight County Department of Public Utilities and the Hampton Roads Sanitation District.

b.

All utilities shall be located underground.

8.

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

9.

Open space: .....A minimum of seven hundred and fifty (750) square feet per unit of open space shall be maintained as open space. This required open space shall not be devoted to service driveways, off-street parking, or loading spaces.

10.

Landscaping: .....For the purpose of landscaping, townhouses shall be treated as a commercial use type and required to submit a landscaping plan meeting all of the guidelines and specifications of article VIII pertaining to such use types.

11.

Management of common and open spaces in townhouses and condominium developments:

a.

All common and open spaces shall be preserved for their intended purpose as expressed on the site plan.

b.

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

c.

The management structure shall be established prior to final site plan or construction plan approval.

d.

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

e.

The management structure shall manage all common and open spaces, recreational and cultural facilities, and private streets, and shall provide for the maintenance, administration and operation of said land and improvements, and secure adequate liability insurance on the land.

f.

The management structure and organization shall comply with the Condominium Act, Code of Virginia (1950), as amended.

12.

Architectural treatment: .....The following architectural treatments shall be incorporated into all townhouse developments:

a.

Townhouse rows shall avoid monotonous facades and bulky masses. No more than two (2) consecutive units shall have the same façade plane, and no more than fifty percent (50%) of the units in any building shall have the same façade plane.

b.

Developments shall possess architectural variety but enhance an overall cohesive residential character. This character shall be achieved through the creative use of design elements such as balconies and or/terraces, articulation of doors and windows, varied sculptural or textural relief of facades, and architectural ornaments, varied rooflines or other appurtenances such as lighting fixtures and/or plantings, and where applicable varied placement of front entryways.

c.

Townhouses may front onto open spaces. In this instance, a private shared driveway in the rear of residential buildings shall be utilized.

d.

Garages shall not protrude beyond the farthest wall of the residential building on the same side.

e.

In instances where front entryways are placed in the front yard of a townhouse, garages shall not protrude forward beyond the front door of the housing unit.

f.

Pedestrian pathways shall be used to link all buildings, green spaces, and recreational areas within the development. Buildings shall be linked to sidewalks and to each other as appropriate. These walkways shall be landscaped and lighted. (7-7-05; 7-17-14.)

S.

Urban beekeeping. .....Urban beekeeping shall be subject to the following:

1.

Districts permitted. Urban beekeeping shall be permitted in the following zoning districts: Village center (VC), neighborhood conservation (NC), suburban estate (SE), suburban residential (SR), and only in conjunction with an occupied single-family residence and shall be subject to the standards set forth herein.

2.

It shall be unlawful for any person to keep, place, or allow a beehive to remain:

a.

Closer than ten (10) feet to a public right-of-way or to the property line of adjoining property not owned by the person maintaining the beehive; or

b.

Closer than thirty (30) feet to any structure other than the structure of the person maintaining the beehive.

3.

All hives shall be oriented with the entrance facing away from the adjacent property or public right-of-way.

4.

The hive and all related materials may only be located within the rear yard of the property.

5.

For any beehive placed less than ten (10) feet above ground level and within thirty (30) feet of any property line adjoining a residential property or public right-of-way, a barrier of sufficient density to establish bee flyways above head height must separate the beehive from such property line or public right-of-way. The barrier may be constructed of fencing or evergreen vegetation or a combination of the two. The barrier must be no less than six (6) feet in height and extend no less than ten (10) feet in length on either side of beehive.

6.

For any beehive located at least ten (10) feet above ground level the hive shall be located a minimum of five (5) feet from the side of the structure and thirty (30) feet from any structure other than a structure of the person maintaining the beehive.

7.

The beekeeper shall conspicuously post a sign warning individuals of the presence of bees. This sign shall include the property owner's name and a telephone number at which the beekeeper can be reached in case of emergency.

8.

Each beekeeper shall ensure that no wax comb or other material that might encourage robbing by other bees are left upon the grounds of the apiary lot. Such materials once removed from the site shall be handled and stored in sealed containers or placed within a building or other insect-proof container.

9.

Each beekeeper shall maintain his beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism and occupancy by swarms. It shall not be a defense to this section that a beekeeper's unused equipment attracted a swarm and that the beekeeper is not intentionally keeping bees.

10.

No person is permitted to keep more than the following numbers of colonies on any lot, based upon the size or configuration of the apiary lot:

a.

Two (2) colonies on lots one-half (½) acre or smaller;

b.

Four (4) colonies on lots larger than one-half (½) acre but smaller than three-fourths (¾) acre;

c.

Six (6) colonies on lots larger than three-fourths (¾) acre but smaller than one (1) acre;

d.

Eight (8) colonies on lots of one (1) acre but smaller than five (5) acres;

e.

No restrictions for lots larger than five (5) acres.

11.

If the beekeeper serves the community by removing a swarm or swarms of honey bees from locations where they are not desired, the beekeeper shall not be considered in violation of the portion of this ordinance limiting the number of colonies if he temporarily houses the swarm on the apiary lot in compliance with the standards of practice set out in this section for no more than thirty (30) days from the date acquired. (7-7-05; 7-17-14; 7-18-19; 3-19-20; 1-21-21; 11-21-24(3).)

A.

Adult care center.

1.

Proof that all required local, state, or federal licenses, permits, and other documents necessary for the operation of an adult care center shall be provided to the zoning administrator prior to the issuance of a zoning permit.

2.

The zoning administrator shall be notified of any license expiration, suspension, revocation or denial within three (3) days of such event. Failure to do so shall be deemed willful noncompliance with the provisions of this zoning ordinance.

3.

Where provided for in the zoning district(s) regulation(s) as a conditional use, an adult day care center may be permitted by the board of supervisors with a recommendation by the planning commission upon a finding of the following criteria:

a.

That the adult care center will not create excessive traffic, insufficient parking, number of individuals being cared for, noise, or type of physical activity; and

4.

A conditional use permit shall not be required for an adult care center that is operated by a religious organization, in buildings or structures on property regularly used as a place of worship, or on adjacent leased property.

B.

Cemetery.

1.

Any burial plot on land abutting a public or private street shall comply with the required setback of twenty-five (25) feet from all property lines. In addition, cemeteries shall comply with all state regulations, including setbacks from residential uses and public water supplies.

2.

Arrangements for perpetual maintenance of the cemetery shall be in compliance with all applicable governmental laws and regulatory requirements and shall be approved by the county attorney as to form.

3.

Cemeteries and distance from wells. All cemeteries shall meet the requirements set forth below unless otherwise exempted by the department of health.

4.

Landscaping shall be distributed across the area developed as a cemetery to provide a minimum of ten percent (10%) canopy coverage or shading within twenty (20) years.

5.

The proposed location for a cemetery shall be compatible with adjacent land uses, existing or proposed highways, and any other elements or factors deemed to affect the public health, safety, and welfare of the inhabitants of such district.

C.

Child care center.

1.

Proof that all required local, state, or federal licenses, permits, and other documents necessary for the operation of a child care center shall be provided to the zoning administrator prior to the issuance of a zoning permit.

2.

The zoning administrator shall be notified of any license expiration, suspension, revocation or denial within three (3) days of such event. Failure to do so shall be deemed willful noncompliance with the provisions of this zoning ordinance.

3.

Where provided for in the zoning district(s) regulation(s) as a conditional use, a child care center may be permitted by the board of supervisors with a recommendation by the planning commission upon a finding of the following criteria:

a.

That the child care center will not create excessive traffic, insufficient parking, number of individuals being cared for, noise, or type of physical activity;

b.

That there is ample indoor and outdoor play space, free from hazard, appropriately equipped, and readily accessible for the age and number of children attending the child day care center; and

c.

That the area of the property upon which the child care center is located contains no less than one thousand (1,000) square feet per child to be cared for in the child care center.

4.

A conditional use permit shall not be required for a child care center that is operated by a religious organization, in buildings or structures on property regularly used as a place of worship, or on adjacent leased property.

D.

Child care institution.

1.

Setbacks adjacent to single-family residential districts or property used for single-family dwellings shall be at least sixty (60) feet. No active recreational areas, refuse containers, parking or vehicular access, etc., should be located within this setback area.

2.

Perimeter landscaping shall be in accordance with use types as specified in article VIII, and fencing shall be required.

3.

Entrances for vehicular access must be provided in accordance with requirements of the Virginia Department of Transportation, and shall be located at least sixty (60) feet from exterior lot lines.

4.

Vehicular parking shall be in accordance with the requirements of this ordinance.

5.

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

E.

Community center.

1.

Pedestrian access and/or bike paths shall be provided to adjacent residential developments. A bike parking area shall also be provided.

2.

Entrances for vehicular access must be provided in accordance with requirements of the Virginia Department of Transportation, and shall be located at least fifteen (15) feet from any recreational use on the lot and from exterior lot lines.

3.

Vehicular parking shall be in accordance with the requirements of this ordinance and shall not be designed as to require or encourage cars to back into a street.

4.

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

F.

Educational facility, primary/secondary. .....Facilities in the RAC and VC enlarged without a conditional use permit provided that all other site plan requirements are met.

G.

Modular classroom. .....Modular classroom unit(s) shall only be allowed on a temporary basis, not to exceed twelve (12) months, on the site of an existing primary/secondary, college/university, or religious assembly educational facility.

1.

No more than three (3) units shall be allowed on a single site without approval of a conditional use permit.

2.

The placement of the modular classroom unit(s) shall meet all of the required building setbacks for the underlying zoning district. In addition, all modular classroom unit(s) shall be setbacks at least thirty-five (35) feet from the front or primary entrance of the permanent education facility.

3.

The existing parking on the site shall meet the requirements of article X, including spaces necessary to serve users of the modular classroom unit(s).

4.

Exterior lighting of the modular classroom unit(s) shall be shielded and shall have zero (0) spillover onto adjacent properties.

5.

If existing landscaping on the site does not meet the requirements of article VIII, additional landscaping shall be required to attain the minimum buffer and frontage zone landscaping requirements of the site. Foundation zone planting is not required for modular classroom units which are in place less than twelve (12) months.

6.

Modular classroom unit design and installation shall meet all applicable federal, state and local building code regulations.

7.

Modular classroom which require placement longer than twelve (12) months or construction of additional parking shall require a conditional use permit.

H.

Nursing home. .....Buildings in existence as of the date of adoption of this ordinance may be expanded or enlarged without a conditional use permit provided that all other site plan requirements are met.

I.

Public maintenance and service facility. .....Outside storage of materials shall be completely screened from public view, including vehicular storage area.

J.

Public park and recreational area.

1.

All outdoor recreational playfields, grounds and facilities and associated fences or enclosures hall conform to the required front and corner side yard building setbacks of the underlying zoning district.

2.

Recreational structures for indoor recreation shall meet the required setbacks of the underlying zoning district for a primary use.

3.

Pedestrian access shall be provided whenever practicable to adjacent residential properties.

4.

Entrances for vehicular access must be provided in accordance with requirements of the Virginia Department of Transportation, and shall be located at least fifteen (15) feet from any recreational use on the lot and twenty-five (25) feet from any exterior lot line.

5.

Vehicular parking shall be in accordance with the requirements of this ordinance and hall not be designed as to require or encourage cars to back into a street.

6.

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

7.

All public swimming pools shall conform to the following minimum requirements:

a.

Setback requirements: Seventy-five (75) feet from any property line.

i.

Additional setback requirements:

(1)

Setback adjacent to residential zone: One hundred twenty-five (125) feet.

(2)

Setback adjacent to railroad right-of-way, publicly point: Twenty-five (25) feet.

b.

Any buildings erected on the site of any such pool shall comply with the yard requirements of the zone in which the pool is located.

8.

A public water supply shall be available and shall be used for the pool. Use of a private supply of water for the pool may be granted by conditional use permit provided that it will not adversely affect the water supply of the community.

9.

Perimeter landscaping shall be in accordance with article VIII and fencing shall be required adjacent to a residential zone.

10.

Special conditions deemed necessary to safeguard the general community interest and welfare, such as provisions for off-street parking, additional fencing or planting or other landscaping, additional setback from property lines, location and arrangement of lighting and other reasonable requirements, including a showing of financial responsibility by the applicant, may be required by the board of supervisors with a recommendation from the planning commission as a requisite to the granting of a conditional use when applicable.

K.

Religious assembly.

1.

Religious facilities in the RAC, RR, NC, and VC districts in existence as of the date of this ordinance may be expanded or enlarged without a conditional use permit provided that all other site plan requirements are met.

2.

Religious assembly may occupy existing civic or commercial facilities in the RAC, VC, GC and PD-MX districts as a principal, accessory or temporary use provided that the existing site improvements, particularly parking, are adequate to accommodate the demands of the use and provided that the use is allowed under the conditional zoning of the property, if applicable.

Any new construction, expansion, or enlargement shall obtain a conditional use permit in accordance with this ordinance.

L.

Utility service, minor. .....All new customer utilities, services, including, but not limited to, all wires, cables, pipes, conduits and appurtenant equipment, carrying or used in connection with the furnishing of electric power, telephone, telegraph, cable televisions, petroleum, gas, steam, water or sewer system, hall, after the effective date of this ordinance be placed below the surface of the ground; provided, that:

1.

Equipment such as electric distribution transformers, transmission 33 KV and above, switchgear, meter pedestals and telephone pedestals, which are normally installed above ground and in accordance with accepted utility practices for underground distribution systems may be so installed;

2.

Meters, service connections and similar equipment normally attached to the outside wall of the premises it serves may continue to be so installed;

3.

Overhead utilities services existing as of October 29, 1974, may be repaired, replaced or increased in capacity; and relocated parallel and adjacent to preexisting state roads;

4.

Temporary overhead facilities required for construction purposes will be permitted;

5.

Whenever relocation of utility facilities is compelled by any construction undertaken by any unit of government, the provisions of this section may be waived by the board of supervisors or its agent;

6.

Overhead farm and industrial customer utility services and wiring which is on property owned and/or occupied by the users thereof will be permitted;

7.

Underground utilities will not be required in those areas of the county zoned rural agricultural conservation districts under the zoning ordinance of Isle of Wight County;

8.

Underground utilities will not be required in industrial parks which would be defined as subdivisions by the subdivision ordinance of Isle of Wight County if zoned to an industrial use under the zoning ordinance of Isle of Wight County;

9.

Overhead utilities services may be extended within a subdivision where the average lot size (excluding the original parcel) is greater than five (5) acres and may further be extended in any case where such extension would be parallel and adjacent to public roads existing as October 29, 1974. Utilities services along roads not existing as of October 29, 1974, and internal to a subdivision where the average lot size (excluding the original parcel) is five (5) acres or less must be underground. Overhead utilities service may be extended along or across other public road as authorized by the zoning administrator.

10.

All improvements herein required shall be in accordance with accepted standards of utility practice for underground construction.

M.

Utility services, major.

1.

Public utility buildings in any permitted residential zone shall have the exterior appearance of residential building. Landscaping shall be provided in accordance with article VIII.

2.

Nothing herein shall require a conditional use permit for repair of a water well so long as the design capacity of the repaired well is not increased; nor shall a conditional use permit be required for replacement of a well which is worn out or has become less productive, so long as:

a.

The replacement well is no more than one-fourth (¼) of a mile in distance from the well being replaced;

b.

The replaced well is abandoned in accordance with regulations administered and enforced by Virginia Department of Environmental Quality or other applicable agency;

c.

The replacement well shall draw water from the lower cretaceous aquifer (Potomac Group) only;

d.

The owner of the well demonstrate to the zoning administrator that the replacement well will provide no more water than the well being replaced by providing the zoning administrator board with the initial production tests of the well being replaced and the initial production tests of the replacement well; and

e.

The average static water level of the lower cretaceous aquifer, as determined from the average of all monitoring and observation wells of the Virginia Department of Environmental Quality, has not dropped more than fifty percent (50%) from the most recent average static water level. (Measured from the most recent average static water level to the top of the aquifer.)

Provided, further, that if the owner has more than one (1) well designed or capable of producing fifty thousand (50,000) gallons or more per day located in Isle of Wight County, Virginia, the owner shall provide the zoning administrator with the name, location and initial production tests of such other wells of said design or capacity.

3.

The dissolution or abandonment of a public water system previously approved by the Virginia Department of Health and/or the county shall require obtaining a conditional use permit from the board of supervisors, after recommendation from the planning commission. (7-7-05; 5-27-10; Ord. No. 2012-2-C, 2-16-12, 3-20-14; 12-18-14; 7-19-18.)

4.

Utility Scale Solar Energy Facilities.

a.

In addition to any conditional use permit application requirements, the applicant shall provide the following at the time of application:

i.

A conceptual plan showing the proposed layout of all structures, adjacent properties, screening, landscaping, internal roadways, easements, environmentally sensitive features including proposed wildlife corridors;

ii.

A visual impact analysis demonstrating through project siting and proposed mitigation, if necessary, that the solar project minimizes impacts on the visual character of a scenic landscape, vista, or scenic corridor;

iii.

A transportation plan showing vehicular access to the site, proposed construction traffic route to the site, parking areas, and laydown yards;

iv.

An estimated time frame and proposed hours of operation for construction activity;

v.

Economic impact analysis of the project including projected net new tax revenue as well as loss of active agricultural and silvicultural lands and its indirect impact to associated local businesses;

vi.

An environmental resource impact analysis discussing any proposed activities within designation resource conservation areas;

vii.

A historical and cultural resources impact analysis; and

viii.

Written comments from the relevant electric company regarding the capacity of the transmission lines as part of any use permit application. An applicant may meet this requirement by submitting a third-party report that provides relevant transmission capacity information.

b.

Ground-mounted systems shall not exceed fifteen (15) feet in height when oriented at maximum tilt, except when temporarily stowed in a vertical position for vegetation management or for inspection, maintenance and/or repair.

c.

Audible sound from a solar energy system shall not exceed sixty (60) dBA (A-weighted decibels), as measured at any adjacent non-participating landowner's property line. The level, however, may be exceeded during short-term exceptional circumstances, such as severe weather.

d.

All equipment, accessory structures and operations associated with a large solar energy system shall be setback at least seventy-five (75) feet from all property lines and at least one hundred, one hundred and twenty-five (125) feet from any residential parcels, and two hundred and fifty (250) feet from any structure with documented historical significance, a cemetery, a cultural resource, or a school. New substations, connector stations, inverters and transformers shall be set back at least two hundred and fifty (250) feet from the property line of any non-participating property. Final setbacks for shall be determined by equipment decibel level specifications. In addition, these facilities are subject to the following:

i.

Setbacks shall be kept free of all structures and parking lots; and

ii.

Setbacks shall not be required along property lines adjacent to other parcels which are part of the solar energy system with the exception of structures with documented historical significance, a cemetery, a cultural resource, or a school, however, should properties be removed from the system, setbacks must be installed along all property lines of those properties remaining within the project and which are adjacent to a parcel which has been removed.

e.

The following landscaping standards shall apply:

i.

Along public roadways, a minimum fifty-foot wide bufferyard shall be installed or retained consisting of a three (3), staggered rows of trees and shrubs installed a maximum of eight (8) feet on center in order to create an effective visual screen as approved by the Zoning Administrator;

ii.

Where solar facility properties abut residential parcels, a fifty-foot wide bufferyard shall be installed or retained consisting of a three (3), staggered rows of large and small canopy trees and medium shrubs installed a maximum of eight (8) feet on center in order to create an effective visual screen as approved by the Zoning Administrator;

iv.

Existing vegetation that meets the minimum landscaping specifications may be used to meet required landscaping;

v.

No silvicultural activities or removal of required landscaping materials shall occur in the required bufferyards except as approved by the Zoning Administrator; and

vi.

If the land area being leased was under crop cultivation prior to lease, it shall be maintained and cut annually during the growing season prior to August 1 until site construction begins.

f.

Provide soil testing for any contaminants directly attributable to the solar panels before and after construction and every five (5) years during the interim until the facility is decommissioned. Owner/operator must provide copies of initial baseline report and subsequent reports to the zoning administrator. Should a negative finding indicating contamination from the solar panels occur, contamination must be remedied by the owner/operator to applicable state and federal standards.

g.

Prior to final site plan approval, an owner, lessee, or developer of real property shall enter the following agreement and provide them to the zoning administrator for review and approval:

i.

A written agreement to decommission solar energy equipment, facilities, or devices upon the following terms and conditions:

a)

If the party that enters into such written agreement with the county defaults in the obligation to decommission such equipment, facilities, or devices in the timeframe set out in such agreement, the locality has the right to enter the real property of the record title owner of such property without further consent of such owner and to engage in decommissioning; and

b)

Such owner, lessee, or developer shall provide financial assurance of such performance to the county in the form of certified funds, cash escrow, bond, letter of credit, or parent guarantee, based upon an estimate of a professional engineer licensed in the commonwealth, who is engaged by the applicant, with experience in preparing decommissioning estimates and approved by the county; such estimate shall not exceed the total of the projected cost of decommissioning, plus a reasonable allowance for estimated administrative costs related to a default of the owner, lessee, or developer, and an annual inflation factor.

c)

Decommissioning of discontinued or abandoned large solar energy systems shall include the following:

i.

Physical removal of all solar energy equipment and above-ground appurtenant structures from the subject property including, but not limited to, buildings, machinery, equipment, cabling and connections to transmission lines, equipment shelters, security barriers, electrical components, roads, unless such roads need to remain to access buildings retrofitted for another purpose, or the landowner submits a request to the board of supervisors that such roads remain.

ii.

Below-grade structures, such as foundations, underground collection cabling, mounting beams, footers, and all other equipment installed with the system shall be completely removed: however, these structures may be allowed to remain if a written request is submitted by the landowners and a waiver is granted by the Board of Supervisors.

iii.

Compacted soils shall be decompacted as agreed to by the landowner.

iv.

Restoration of the topography of the project site to is pre-existing condition, except that any landscaping or grading may remain in the after-condition if a written request is submitted by the landowner and a waiver is granted by the board of supervisors.

v.

Proper disposal of all solid or hazardous materials and wastes from the site in accordance with local, state, and federal solid waste disposal regulations.

h.

During and at the end of project construction, any damage done to public roads by solar farm construction equipment shall be repaired in accordance with YDOT standards and specifications. Post construction damage shall be identified based on inspections by VDOT with the developer or their agent, prior to construction and upon completion, identifying the items for repair. Additionally, at the request of YDOT, in order to ensure the safety of the traveling public, some damages may need to be addressed immediately.

i.

Facilities shall not be located within the limits of the County's Development Service Districts.

j.

The facilities themselves must be wholly located within a two-mile radius of existing substations and/or high voltage transmission lines.

k.

The total acres of prime farm soils and soils of statewide importance that may be within the fence of a utility scale solar facility pursuant to issued and active CUPs shall be limited to a maximum of two percent (2%) of the County's total number of prime farm soils and soils of statewide importance, or two thousand four hundred forty-six (2,446) acres.

l.

For projects that are connected to transmission lines, the applicant shall provide detailed capacity information to the Planning Commission for each project which shall include at a minimum, but not limited to, available capacity in MW on the effected distribution lines and any details that may impact future energy generation projects, such as scheduled power generation facility decommissionings, transmission system capital improvements or other events impacting transmission line capacity.

m.

The facility operator shall prepare and submit an annual activity report to the Zoning Administrator to be shared with the Planning Commission and Board of Supervisors.

n.

The applicant shall provide documentation demonstrating the selected panels and all power generating equipment initially installed and replaced qualify, for disposal purposes, as nonhazardous waste under applicable US EPA regulation using a Toxicity Characteristics Leaching Procedure or equivalent laboratory analysis.

o.

The applicant shall submit an Emergency Response Plan at the time of site development plan application for review and approval by the County, which shall detail fire suppression methods that will be immediately deployed during both construction and operation of the facility. The plan shall include a training program to be provided to emergency responders about safety for on-site incident response. Initiation and frequency of training will be coordinated between the Department of Emergency Services and the facility operator. The applicant shall install a Knox Box or other remote access technology at the facility to ensure emergency responders have access to the facility should the need arise.

p.

The operator shall post a notification sign at each site entrance that states (a) the rated nameplate capacity, (b) the name of the project owner, and operator (if different from the owner), (c) the street address of the site, and (d) a 24-hour emergency contact phone number for the operator.

q.

On-site energy storage shall require a separate conditional use permit.

r.

The applicant shall be responsible for any costs incurred by the County for additional staff and/or third-party inspectors for inspection services. ·

s.

Topsoil is not permitted to be removed from the property.

t.

The portion of the subject property supporting solar panels shall be enclosed by security fencing of a type that is harmonious with the rural, agricultural, and historical character of the County while meeting federal and state regulations for solar electric generating facility fencing as determined by the Zoning Administrator adjacent to all public rights-of-way, residential property, properties eligible for listing on the National Register of Historic Places, and civic uses prior to final site plan approval.

u.

Fencing shall be placed around the solar arrays, inverters, and substation only and not the whole site in order to provide wildlife corridors.

v.

The applicant shall provide an appraisal report from an independent appraiser approved by the Zoning Administrator on the impact of the facility on nearby property values. (7-7-05; 5-27-10; Ord. No. 2012-2-C, 2-16-12, 3-20-14; 12-18-14; 7-19-18; 7-18-19; 3-19-20; 12-7-22; 5-8-23; 5-18-23.)

Reserved.

(7-7-05; 7-19-18; 11-15-18.)

A.

Adult entertainment establishment. .....An adult entertainment establishment shall be permitted where the zoning district(s) regulation(s) identify(s) such uses subject to the following standards:

1.

No such regulated use shall be permitted:

a.

Within two thousand five hundred feet (2,500) of any other existing adult entertainment establishment; and

b.

Within two thousand five hundred feet (2,500) of any residential zoning district, planned development residential district;

c.

Within two thousand five hundred feet (2,500) of any of the following uses:

i.

Child care institution, child care center, place of religious assembly, or establishment that sells religious articles or religious apparel;

ii.

Primary or secondary educational facility, and their adjunct play areas; and

iii.

Community recreation, public parks and recreational areas, or cultural services.

2.

The distance for the written notice to adjoining property owners as set forth in section 1-1021 of this ordinance shall be extended to one thousand feet (1,000) for the purposes of this use.

The separation and distances specified in this subsection shall be measured from property lines, or in the case of zoning districts, from the outward boundary of that district.

3.

Signs and other visible messages. Adult entertainment establishments shall be permitted to have signs and visible messages based on the allowable sign area of the zoning district in which they are located, provided:

a.

Signs.

i.

Sign messages shall be limited to verbal description of material or services available on the premises.

ii.

Sign messages may not include any graphic or pictorial depiction of material or services available on the premises.

b.

Other visible messages.

i.

Messages which are visible or intended to be visible from outside the property (such as on or within doors or windows) shall not display materials, items, publications, pictures, films, or printed material available on the premises; or pictures, films, or live presentations of persons performing or services offered on the premises.

4.

Discontinuance of operation. Should a use defined as an adult entertainment establishment cease or discontinue operation for a period of ninety (90) or more consecutive days, it may not resume, nor be replaced by any other adult entertainment establishment unless it complies with the requirements set forth above.

B.

Bed and breakfast. .....Bed and breakfasts shall comply with the following standards:

1.

Maximum number of guest bedrooms: Five (5);

2.

Maximum number of guests at any one (1) time: Fifteen (15);

3.

No paying guest shall stay on any one (1) visit for more than fourteen (14) consecutive nights;

4.

One (1) off-street parking s pace for each guest bedroom shall be provided in a side or rear yard;

5.

Meal service is limited to one (1) daily meal between 6:00 a.m. and 11:00 a.m. per paying overnight guest and is subject to approval by the Isle of Wight County Health Department for food preparation; and

6.

At least one (1) operator of the bed and breakfast shall reside on the premises or on an adjacent premises.

C.

Campground. .....All campground shall meet the following requirements:

1.

Campground area.

a.

Minimum lot area: Ten (10) acres.

b.

Minimum lot frontage: One hundred fifty (150) feet abutting a public highway, road, or other public right-of-way, unless otherwise approved by the board of supervisors.

2.

Camping site density.

a.

The density of campsites in a campground shall not exceed an average of fifteen (15) campsites per acre of the developed portion of the campground, inclusive of service roads, toilet facilities, and service buildings.

b.

The camping site shall either provide a parking space for one (1) motor vehicle that will not interfere with the convenient and safe movement of traffic, or provide equivalent parking of one (1) parking space per camping site in a central area.

3.

Setbacks.

a.

Minimum setback of all camping sites or pads from:

i.

Adjacent property lines and public or street rights-of-way: One hundred (100) feet.

ii.

Any residence of adjacent property owners: Three hundred (300) feet.

iii.

All interior roads and from each other: Twenty (20) feet.

4.

Roads.

a.

Interior roads shall be constructed of a minimum of six (6) inches of gravel and be twenty (20) feet wide, except that one-way roads may have a minimum width of ten (10) feet.

b.

Campgrounds shall be provided with safe and convenient vehicular access from abutting public streets or roads.

c.

Connections of campgrounds with public streets or roads shall conform to the applicable design standards as required by the Virginia Department of Transportation (VDOT).

5.

Water and sewer. .....Each campsite shall have an available water supply and sewage disposal facilities as may be required by the appropriate state and county agencies. Whenever public water and/or sewer systems are available, such systems shall be used.

a.

Service buildings. .....Each campground shall provide conveniently located service building(s) which shall contain the following minimum equipment for each twenty (20) campsites within the campground:

i.

One (1) lavatory; and

ii.

One (1) shower with hot and cold running water for males; and

iii.

One (1) of each for females.

Such equipment shall be in accordance with county and state codes. All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites, and other destructive elements. Exterior portions shall be of such material and be so constructed and protected as to prevent entrance or penetration of moisture and weather.

6.

Recreation area. .....A minimum of fifty percent (50%) of the total campground shall be reserved for open space and developed recreational area and shall not include any land required for individual campsites, roads or service area.

7.

Fire protection. .....Each campground shall provide such fire protection equipment as may be recommended by the local fire department. During installation of electrical service facilities for the campground, the department of inspections shall inspect and approve the installed electrical systems. A certificate of approval shall be displayed in the electrical service equipment area and a copy shall be provided to the zoning administrator. Additional regulations required to ensure the campground is protected from fire:

a.

Campgrounds shall be kept free of litter, rubbish, and other flammable materials.

b.

Portable fire extinguishers rated for class A, B, and C shall be kept in service buildings and at other locations conveniently and readily accessible for use by all occupants and shall be maintained in good operating condition. Their capacity shall not be less than required by applicable codes.

c.

Fires shall be made only in stoves, incinerators, and other equipment intended for such purposes.

8.

Site plan. .....A site plan shall be submitted for all campgrounds.

9.

Time restrictions. .....No recreational vehicle or camping trailer shall be used as a permanent residence and no individual unit shall be continually occupied in any location for a period of more than sixty (60) days within the period of one (1) year from the date it was first brought into the community.

10.

Special conditions. .....Campgrounds shall follow the regulations set forth m section 1-1017 for conditional uses.

D.

Campground, workforce.

1.

Intent: .....The workforce campground, in contrast to a recreational campground, is to provide small scaled facilities in discrete rural areas of the county to accommodate the workforce associated with the Surry Nuclear Power Plant and similar facilities during outages, which require skilled and semi-skilled labor to seek temporary short term housing in the community.

2.

General standards:

a.

Minimum lot size: Five (5) acres.

b.

The maximum number of campsites shall be ten (10) sites.

c.

No campsite shall be located within two hundred (200) feet of single-family residence located on an adjoining property, other than the residence of the owner/operator of the campground.

d.

Health department approval shall be obtained for the campground and sewage disposal system. Any form of sewage disposal may be approved by the health, unless otherwise specifically addressed by this ordinance, provided there is no assumption of liability on Isle of Wight County without the express approval of the board of supervisors.

e.

Access to campsites shall be provided by a ten-foot all weather road suitable for volume and characteristics of the vehicles typical of a campground.

f.

The property on which the workforce campground is located shall have direct access to a public road, or if a private road is used for access, all of the property owners having access rights to the private road shall provide a written authorization for the use of the private road for a workforce campground.

g.

The maximum length of continuous occupancy in the same campground shall be no more than one hundred twenty (120) days. The zoning administrator has the authority to extend occupancy in the campground as necessary consistent with outage operations. Maximum occupancy shall not be circumvented by removal of units for brief periods of time, as is determined by the zoning administrator.

h.

The location of the campgrounds, the condition of the site and the nature of surrounding land uses shall be such that loss of farmland and adverse impact on surrounding property will be minimal. In general, a wooded site or partially wooded site is to be preferred to an open site in order to preserve farmland, reduce visual impact on development and provide an attractive environment within the campground.

i.

The overall design shall evidence a reasonable effort to preserve the natural amenities of the site, including wooded areas, steep slopes, bluffs, wetlands, beaches, and bodies of water. Special emphasis shall be given to preservation of mature trees and landscaping of areas which must be cleared.

j.

The conditional use permit, if approved, shall initially be issued for a period not to exceed five (5) years. Renewal of the permit shall be obtained prior to the expiration of the initial five (5) years, after which a permit may be issued for a period of not more than ten (10) years.

E.

Commercial equipment repair, accessory to dwelling.

1.

The operation and use shall not occupy a building larger than two thousand (2,000) square feet.

2.

Outdoor storage shall be prohibited.

F.

Commercial indoor sports and recreation.

1.

Where an indoor shooting range is proposed, the following additional criteria shall apply:

a.

The application shall be referred to the county sheriff's office for review and comment. Such use shall be designed to eliminate all danger from flying projectiles, as deemed necessary by the county sheriff.

b.

The building and site shall be designed to eliminate any excessive noise, above what would be customary and typical for the location without an indoor shooting range.

G.

Commercial outdoor entertainment/sports and recreation.

1.

The following shall apply to all such uses:

a.

All principal buildings and structures and all intensively active areas associated with this use shall comply with the height, coverage, and setback regulations for the district in which they are located.

b.

The provision of food, refreshments, and entertainment as an accessory use to the principal use shall be permitted, provided such activity shall not create additional demand on on-site facilities, including parking, access, utilities, etc.

c.

All outdoor lighting shall be located, shielded, landscaped, or otherwise buffered so that no direct light shall constitute an intrusion into any residential area.

H.

Commercial outdoor swimming pool and tennis facility. .....Commercial swimming pools or tennis facilities, including accessory buildings, may be allowed when consistent with zoning district regulations upon a finding by the board of supervisors with a recommendation from the planning commission that such a use will not create excessive traffic, noise, or physical activity, provided that the following minimum area, frontage, and setback requirements shall be complied with:

1.

Minimum area is five (5) acres;

2.

Minimum frontage of two hundred (200) feet on a public road;

3.

Swimming pools, tennis courts, recreation areas, and buildings shall be at least two hundred (200) feet from any adjacent residential zone;

4.

Setbacks for swimming pools and tennis facilities shall be fifty (50) feet from the front property line, thirty-five (35) feet from the rear line, and twenty-five (25) feet from each side property line in all zones; and

5.

Where a community recreation facility is proposed to be converted to this use, the planning commission and board of supervisors may vary the area and setback requirements above, provided that alternative methods of protecting adjoining properties are required as conditions of the conditional use permit.

I.

Construction office, temporary.

1.

Temporary construction offices, including trailers, may be used on construction sites provided that such structures shall be removed from the subject property within thirty (30) days of:

a.

The superintendent of inspections issuing a certificate of occupancy for building construction;

b.

For a residential subdivision, upon completion of infrastructure and site improvements; or

c.

The expiration of the building or zoning permit, whichever was last issued, for the property.

Upon written request, the zoning administrator may grant a reasonable extension of time based on extenuating circumstances related to the character and complexity of the construction project.

J.

Contractor office and storage facility. .....All materials stored on the property shall be placed either indoors or in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential di strict, in addition to meeting the landscaping zone requirements of article VIII.

K.

Convenience store.

1.

The following standards shall apply to all convenience stores:

a.

When gasoline is sold, all requirements for a gasoline station shall be met as set forth in subsection 5-5005.O., the supplementary use standards for a gasoline station.

b.

The outdoor display of goods for sale shall be prohibited.

L.

Crematorium. .....A crematorium may be permitted where indicated in the zoning district(s) regulation(s).

1.

Any crematorium shall be located at least two hundred (200) feet from any residential lot line.

2.

The proposed location is compatible with adjacent land uses, existing or proposed highways, and other elements or factors deemed to affect the public health, safety, and welfare of the inhabitants of such district.

M.

Flea market.

1.

The following shall apply to all flea markets:

a.

All areas designated and used for the display and/or sale of merchandise shall be shown on a site plan approved by the county. All such areas shall be under a roof or in permanently designated areas. Use of any area not shown for such use on the approved site plan, including parking areas for incidental sales, shall constitute a violation of this ordinance.

b.

All outdoor areas used for the display and/or sale of merchandise shall be located seventy (70) feet from any street. Merchandise shall be removed from outdoor display areas on a daily basis, including any temporary structures used in the display or sale of the merchandise.

c.

Regular refuse disposal shall be required and the property shall be kept free of litter, rubbish, and all other materials.

2.

Any tractor trailers, shipping containers, storage buildings, and similar facilities or structures are prohibited.

3.

Flea markets shall not be approved where their location would contribute to the depreciation of the business district or disrupt the stability of the business district.

N.

Funeral home (as a conditional use).

1.

The use of a tract or parcel of land or buildings for a funeral home may be allowed when identified in the zoning district(s) regulation(s) as a conditional use upon a finding by the board of supervisors with a recommendation by the planning commission that:

2.

The use will not create excessive noise, traffic, or type of a physical activity.

3.

Special conditions, such as provisions for additional fencing or planting or other landscaping, additional setback from property lines, location, arrangement of lighting and parking areas, and other reasonable requirements deemed necessary to safeguard the general community interest and welfare, may be invoked by the board of supervisors with a recommendation from the planning commission as requisites to the granting of a conditional use.

O.

Garden center. .....A garden center shall comply with the following:

1.

All buildings and outdoor storage areas shall be at least fifty (50) feet from any property line, except:

a.

Plant materials may be stored or displayed in the front yard no closer than thirty-five (35) [feet] from a street. The display of equipment, tools or bagged and bulk materials in the front yard shall be prohibited.

2.

All materials stored on site that produce odors or attract pests or other vermin shall be effectively covered or otherwise managed to effectively eliminate any nuisance of such storage.

3.

The outdoor storage of garden tools, bulk or bag materials, and similar items shall only be allowed within a fully screened storage area.

P.

Gasoline station.

1.

The following shall be required for all gasoline station uses:

a.

In addition to the buffer zone planting requirements of article VIII, screening with a solid, durable wall or a substantial, solid fence, not less than six (6) feet in height shall be provided in the buffer zone. Required buffer zone plantings shall be located between the solid screen and the adjacent properties. Such additional screening may be waived by the board of supervisors when the natural terrain or existing vegetation provides an effective buffer.

b.

Signs, product displays, parked vehicles, and other obstructions that would adversely affect visibility at any intersection or driveway shall be prohibited.

c.

Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare in any residential zone or upon the adjacent roadway. See article XI.

d.

Gasoline pumps or other service appliances shall be located on the lot at least ten (10) feet behind the building line, and all service, storage, or similar activities in connection with such use shall be conducted entirely within the building.

e.

There shall be at least twenty (20) feet between driveways on each street and all driveways shall be perpendicular to the curb or street line.

f.

Light motor vehicle repair work may be done at a motor vehicle fuel and service station, provided that no major repairs, spray paint operation, or body or fender repair are permitted.

g.

Motor vehicles shall not be parked so as to overhang the public right-of-way.

h.

A motor vehicle storage lot containing no more than three thousand five hundred (3,500) square feet may be permitted for use in connection with a towing operation. Such storage shall be screened from public view as specified in article VIII, and shall not be for the storage of inoperable, unlicensed, or unregistered motor vehicles.

i.

When such use occupies a corner lot, the location of egress and ingress driveways shall be in compliance with any and all applicable standards of the Virginia Department of Transportation. Such driveways shall not exceed the applicable commercial entrance standards or requirements of the Virginia Department of Transportation.

j.

The canopy of a gasoline station shall not exceed fifteen (15) feet in height measured from the bottom of the canopy to the paved surface of the fueling lane, shall have a double-pitched roof of no less than 5:12, and shall be architecturally integrated with the principle building.

k.

The canopy shall utilize the same architectural elements and building materials as the principle building.

l.

In the event that a gas station is vacant for a period greater than eighteen (18) months, the county shall require the owner of record to provide suitable financial surety in an amount sufficient to remove and dispose of any underground tanks plus ten percent (10%). Absent such surety, the county may remove any such tanks and place a lien on the property including all administration costs.

Q.

Golf course/driving range. .....Golf courses, including golf driving ranges, shall comply with the following regulations:

1.

The incidental provision of food, refreshments, and entertainment for patrons and their guests may be allowed in connection with such use, provided they do not draw an excessive amount of traffic through local residential streets, and that their provision is subordinate to the principal use.

2.

All outdoor lighting shall be located, shielded, landscaped, or otherwise buffered so that no direct light shall constitute an intrusion into any residential area or adjacent streets.

3.

If adjacent to single-family residential use all buildings and parking shall meet a minimum setback of one hundred (100) feet from the property line.

4.

Adequate netting, screening, or other similar devices shall be installed around the golf ball landing area to ensure golf balls don't land beyond the subject property lines or negatively impact any adjoining structures. The zoning administrator shall determine the adequacy of the system used to keep golf balls within the golf ball landing area.

R.

Kennel, commercial.

1.

General standards:

a.

Animal waste shall be disposed of in a manner applicable to all federal, state and local laws and regulations.

b.

Crematoria or land burial of animals in association with a commercial kennel shall be prohibited.

2.

Additional standards in the RAC district:

a.

The minimum area required for a commercial kennel shall be two (2) acres.

b.

All facilities associated directly with the commercial kennel, whether indoors or outdoors, shall be located not less than fifty (50) feet from the nearest property line or two hundred (200) feet from the nearest residence on an adjoining lot, whichever is greater, and shall meet the screening zone requirements as specified in article VIII.

c.

The site shall front on and have direct access to a publicly owned and maintained street.

3.

Additional standards in the GC district:

a.

All outdoor runs, training areas and pens associated with a commercial kennel shall be set back a minimum of ten (10) feet from any property line, and shall meet the screening zone requirements as specified in article VIII.

S.

Marina. .....Marinas in the RAC, RR, VC, and NC districts in existence as of the date of this ordinance may be expanded or enlarged without a conditional use permit provided that all other site plan requirements are met.

T.

Miniwarehouse. .....A miniwarehouse may be permitted consistent with the zoning district(s) regulation(s), provided:

1.

The minimum lot size shall be three (3) acres.

2.

All storage spaces shall be contained in individual enclosed stalls containing no more than four hundred (400) square feet each and no greater than ten (10) feet in height.

3.

The following uses shall be prohibited:

a.

Auctions by tenants, commercial wholesale or retail sales, or miscellaneous or garage sales.

b.

The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment.

c.

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

d.

The establishment of a transfer and storage business.

e.

The storage or transfer of toxic, flammable, or otherwise hazardous chemicals or similar substances, highly combustible, explosive or hazardous materials regulated by local, state, or federal law.

f.

Residential uses (other than a resident manager's apartment).

4.

Outdoor storage areas shall be used for the storage of motor vehicles, trailers, and recreational vehicles only and shall meet the screening zone requirements of article VIII.

5.

When adjoining properties are used or zoned for residential purposes:

a.

Non-street-facing property lines shall be improved with a solid, vinyl or wooden fence, or masonry wall along the entire length (except for approved access crossings) a minimum of six (6) feet in height, installed in addition to, and to the interior of, the required buffer zone plantings specified in article VIII.

b.

In addition to the required frontage zone plantings specified in article VIII, street-facing property lines shall require a wooden fence or masonry wall along the entire length (except for approved access crossings) a minimum of six (6) feet in height. Said improvements are to be located outside any public right-of-way and interior to any required setback or frontage zone landscaping.

6.

No security fencing, security gate or other obstruction to vehicle access shall be permitted in the required front yard setback or in any required buffer yard.

7.

All interior driveways shall be at least twenty-six (26) feet wide when cubicles open onto one (1) side only and at least thirty (30) feet wide when cubicles open onto both sides to accommodate loading and unloading at individual cubicles. Adequate turning radiuses shall be provided, where appropriate, for a thirty-foot-long single unit truck or moving van.

U.

Micro-brewery, distillery, cidery. .....General standards:

1.

Activities related to the brewing/distilling process not within an enclosed building shall meet the requirements of the screening zone as set forth in article VIII.

2.

Tasting rooms, restaurants, retail space, and other uses shall not exceed fifty percent (50%) of the floor area of the establishment.

V.

Motor vehicle dealership, new.

1.

General standards:

a.

All facilities associated directly with the motor vehicle dealership, whether indoors or outdoors, shall be located not less than the minimum required building setback from the nearest residential district on an adjoining lot and shall meet the screening zoning requirements specified in Article VIII.

b.

Outdoor display areas in conjunction with automobile sales shall be constructed of the same materials required for off-street parking areas and shall be clearly delineated by the use of borders around the perimeter of the display area using such material as fences, walls, wooden timbers, brickwork or other similar treatment as approved by the zoning administrator.

c.

The storage and/or display of motor vehicles in the required frontage zone, buffer, or planting strip along a right-of-way shall be prohibited and shall be limited to the designated display area only.

d.

Exterior display or storage of new or used automobile parts is prohibited.

e.

All repair services shall take place within an enclosed structure.

f.

Body and fender repair services are permitted provided:

i.

The area devoted to such services does not exceed twenty percent (20%) of the floor area.

ii.

The repair facilities are at least one hundred fifty (150) feet from any adjoining residential district.

iii.

Any spray painting takes place within a structure designed for that purpose and approved by the department of building inspections.

iv.

Any vehicle awaiting body repair or painting, or is missing major mechanical or body parts, or has been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential district, in addition to meeting the landscaping zone requirements of article VIII.

W.

Motor vehicle dealership/used.

1.

General standards:

a.

All facilities associated directly with the motor vehicle dealership, whether indoors or outdoors, shall be located not less than the minimum required building setback from the nearest residential district on an adjoining lot and shall meet the screening zoning requirements specified in Article VIII.

b.

Outdoor display areas in conjunction with automobile sales shall be constructed of the same materials required for off-street parking areas and shall be clearly delineated by the use of borders around the perimeter of the display area using such material as fences, walls, wooden timbers, brickwork or other similar treatment as approved by the zoning administrator.

c.

The storage and/or display of motor vehicles in the required frontage zone, buffer, or planting strip along a right-of-way shall be prohibited and shall be limited to the designated display area only.

d.

Exterior display or storage of new or used automobile parts is prohibited.

e.

All repair services shall take place within an enclosed structure.

f.

Any vehicle which is missing major mechanical or body parts or has been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential district, in addition to meeting the landscaping zone requirements of article VIII.

X.

Motor vehicle parts/supply, retail. .....General standards:

1.

Exterior display or storage of new or used automobile parts is prohibited.

2.

Equipment and vehicles stored overnight on the premises shall be behind the front building line or at least thirty-five (35) feet from the public right-of-way, whichever is greater.

Y.

Motor vehicle/rental.

1.

General standards:

a.

All facilities associated directly with the motor vehicle rental use, whether indoors or outdoors, shall be located not less than the minimum required building setback from the nearest residential district on an adjoining lot and shall meet the screening zoning requirements specified in Article VIII.

b.

Unless otherwise permitted and approved, the conducting of any major repairs, spray paint operation, body or fender repair, or sale of gas shall be prohibited, except that not more than one (1) gasoline pump shall be permitted, but only for the fueling of rental vehicles.

c.

Vehicles shall be stored or parked in areas constructed of the same materials required for off-street parking areas and shall meet the landscaping requirements for parking zones.

d.

When such a use abuts a residential zone or civic use, the use shall be screened by a solid vinyl or wooden fence, or masonry wall not less than six (6) feet in height.

e.

Signs, product displays, parked vehicles, and other obstructions that would adversely affect visibility at any intersection or driveway shall be prohibited.

f.

Lighting, including permanent illuminated signs, shall be arranged so as not to reflect or to cause glare into any residential zone.

Z.

Motor vehicle repair service/major. .....General standards:

1.

All vehicles stored on the premises in excess of seventy-two (72) hours shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential district, in addition to meeting the landscaping zone requirements of article VIII.

2.

Body and fender repair services shall be subject to the following:

a.

The repair facilities are at least one hundred fifty (150) feet from any adjoining residential district.

b.

Any spray painting takes place within a structure designed for that purpose and approved by the department of building inspections.

c.

Any vehicle awaiting body repair or painting, or is missing major mechanical or body parts, or has been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential district, in addition to meeting the landscaping zone requirements of article VIII.

d.

Exterior display or storage of new or used automobile parts is prohibited.

e.

Direct access to the property shall be provided from a publicly owned and maintained road, and use of a private road in conducting this business, other than a driveway for sole use of the owner/occupant of the property, shall be prohibited.

AA.

Motor vehicle repair service/minor. .....General standards:

1.

Exterior display or storage of new or used automobile parts is prohibited.

2.

Equipment and vehicles stored overnight on the premises shall be behind the front building line or at least thirty-five (35) feet from the public right-of-way, whichever is greater.

BB.

Restaurant, drive-in [fast food]. .....General standards.

1.

Such restaurants shall comply with the requirements for drive-through facilities contained in subsection 5-1004.D, accessory uses, and section 10-1013, stacking spaces and drive through facilities.

CC.

Taxidermy. .....General standards:

1.

Proper permitting and record retention shall be required through the commonwealth for stuffing and mounting birds and animals for compensation or for sale, as provided for in Title 29.1.

2.

Proper disposal of waste material to prevent potential disease transmission is required by the following means, and without undue delay:

a.

Incinerating organic waste material in an approved incinerator, not by open burning, even in a pit.

b.

Placing organic waste material in a legal landfill using a covered leak-proof container for transport.

c.

Use of animal remains for hunting and/or as an animal food source shall be prohibited.

DD.

Short-term rentals.

1.

A zoning permit is required. A zoning permit shall not be issued for a short-term rental 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 short-term rental and informing them that the permit may be issued if written comments are not received within thirty (30) days.

b.

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.

c.

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 short-term rental otherwise complies with the zoning ordinance and the requirements for sewage disposal, the zoning administrator may issue a zoning permit for the short-term rental.

d.

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 short-term rental is approved by the board of supervisors with a recommendation by the planning commission.

2.

An authorized agent must be designated as a point of contact who is available to be contacted and to address conditions occurring at the short-term rental within thirty (30) minutes. Physical responses to the site of the short-term rental is not required. The Operator shall be notified in writing of failed attempts to receive timely responses from the authorized agent. Failure to respond in a timely manner shall result in a complaint subject to the penalties set forth below.

3.

The operator must register their short-term rental unit with the community development department and receive a registration number.

4.

The operator authorizes county employees to enter the subject property upon reasonable advanced written notice to the operator, at least one (1) time during the calendar year for which registration is valid, to verify the short-term rental is being operated in accordance with applicable regulations.

5.

The zoning permit may not be transferred.

6.

No more than one (1) short-term rental may be operated on any lot.

7.

Operators may enter into rental agreements with only one (1) party per legal dwelling unit per twenty-four (24) hour period.

8.

A residential dwelling unit located within a building that contains three (3) or more dwelling units may not be operated as a short-term rental.

9.

The maximum number of lodgers per night, over the age of eighteen (18) years, shall not exceed two (2) persons per bedroom but in no case shall exceed sixteen (16) persons. This number shall be reduced to conform to the occupancy requirements of the Virginia Uniform Building Code and/or the Virginia Department of Health.

10.

The number of persons allowed to gather at a short-term rental at any one (1) time shall not exceed twice the maximum number of permitted overnight guests, including children. Only the maximum number of overnight guests shall be permitted at a short-term rental between the hours of 10:00 p.m. and 7:00 a.m. Short-term rentals shall not be used as event centers as defined by the zoning ordinance.

11.

Operators must obtain a business license and register for transient occupancy and state sales tax.

12.

Short-term rentals must meet current building and zoning regulations and be subject to a safety inspection from the county to confirm the installation of smoke alarms, fire extinguisher and a posted emergency exit plan prior to permit approval.

13.

One (1) off-street space per guest room is required in addition to the parking required for the house.

14.

No visible evidence of the conduct of a short-term rental is allowed on the outside of the property.

15.

The owner/operator shall not prepare meals for guests.

16.

Operator shall provide proof of liability insurance to rental activity at registration and each subsequent renewal of at least one million dollars ($1,000,000.00). Such insurance coverage must remain in place at all times the short-term rental is being operated.

17.

Accessory structures, not including permitted accessory dwelling units, shall not be used or occupied as short-term rentals.

18.

All advertisements for any short-term rental shall include the short-term rental registration number for such dwelling.

19.

A zoning permit for a short-term rental may be revoked by the Zoning Administrator, or designee, for the following reasons:

a.

In the event of three (3) or more substantiated complaints of violation of applicable state or local laws, ordinances and regulations, as they relate to short-term rentals, within a calendar year; or

b.

Authorized agent's failure to respond in a timely manner more than twice; or

c.

Failure to maintain compliance with any regulation set forth in this section. An operator whose short-term rental zoning permit has been revoked shall not be eligible to receive any new short-term rental zoning permit for the remaining portion of the calendar year in which the permit was revoked, and for the entire following year.

20.

Except as provided in this section, nothing herein nor the issuance of a zoning permit shall be construed to prohibit, limit, or otherwise supersede existing local authority to regulate short-term rental of property through general land use and zoning authority. Nothing in this section shall be construed to supersede or limit contracts or agreements between or among individuals or private entities related to the use of real property, including recorded declarations and covenants; the provisions of condominium instruments of a condominium created pursuant to the Condominium Act (§ 55-79.39 et seq.) of the Code of Virginia, 1950, as amended; the declaration of a common interest community as defined in Code of Virginia, 1950, § 55-528, as amended; the cooperative instruments of a cooperative created pursuant to the Virginia Real Estate Cooperative Act (§ 55-424 et seq.) of the Code of Virginia, 1950, as amended; or any declaration of a property owners' association created pursuant to the Property Owners' Association Act (§ 55-508 et seq.). (7-7-05; Ord. No. 2012-1 0-C, 10-18-12; 9-18-14; 11-17-16; 7-19-18; 11-15-18; 1-21-21; 12-14-23(2).)

A.

Abattoir or livestock processing.

1.

General development standards:

a.

Waste or any decomposable residue from the livestock processing or abattoir operation shall only be disposed of in strict compliance with any applicable state regulations.

b.

Measures shall be developed to mitigate obnoxious odors, dust, smoke, or similar nuisances.

c.

Any livestock processing or abattoir operation shall meet the requirements of site plan review and approval set out in article VII.

d.

Design, construction, and operation of the facility must meet or exceed the requirements of all current state and federal regulations. Specifically, the operation must conform to any guidelines or specifications concerning such design, construction, and operation as published or otherwise disseminated by the U.S. Department of Agriculture.

2.

Livestock processing or abattoirs may be permitted in the rural agricultural conservation (RAC) district subject to the following standards:

a.

No livestock processing or abattoirs shall be constructed or established within one-half-mile radius of any property zoned residential.

b.

A minimum of twenty (20) acres is required for any livestock processing or abattoir operation. If the operation includes a feedlot, the minimum area required shall be increased subject to any applicable regulations promulgated by the Virginia Department of Environmental Quality pertaining to the confinement of livestock.

c.

Stock pens or buildings or structures associated with the livestock processing or abattoir operation shall be at least three hundred (300) feet from any public right-of-way and must be at least five hundred (500) feet from any property line of any property not associated with the abattoir.

3.

Livestock processing or abattoir operations may be permitted in the general industrial (GI) zoning district subject to the following standards:

a.

Minimum acreage: Five (5).

b.

Minimum setback: Two hundred (200) feet, from the nearest property line, except that a retail sales outlet may be a minimum of seventy (70) feet from any public right-of-way.

B.

Asphalt/Concrete plant. .....General standards:

1.

In considering a conditional use permit request for an asphalt/concrete plant, in addition to the general standards contained in section 1-1017 of this ordinance, the board shall specifically consider and set standards for the following:

a.

The maximum height of any structure and any additional setback requirements necessary to compensate for any increased height.

b.

Specific measures to control dust during the construction and operation of the plant.

c.

Specific levels of noise permitted during the daytime and nighttime operation of the plant, as measured at adjacent property lines, and any additional requirements for the design or operation of the plant intended to reduce noise.

2.

All commercial vehicles used in conjunction with the asphalt/concrete plant shall be fully screened from the public right-of-way, from adjacent properties by masonry or concrete walls designed to be compatible with the principal building that it serves.

3.

The outdoor storage of tools, bulk or bag materials, and similar items shall only be allowed within a fully screened storage area.

C.

Construction yard. .....General standards:

1.

All materials stored on the property shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential district, in addition to meeting the landscaping zone requirements of article VIII.

2.

In considering a conditional use permit request for a construction yard, in addition to the above standards and the general standards contained in section 1-1017 of this ordinance, the board may consider and set standards for the following:

a.

Provisions for screening of any vehicles, equipment, materials and storage yards in accordance with article VIII.

b.

The maximum height of any structure and any additional setback requirements necessary to compensate for any increased height.

c.

Specific measures to control dust on the site.

3.

In the VC district, the following standards shall apply:

a.

The maintenance and repair of all vehicles and equipment shall be conducted within an enclosed building.

D.

Landfill, industrial. .....No site shall be developed as an industrial landfill except in the conformance with the zoning district regulations as a conditional use. Minimum standards for an industrial landfill shall be as follows:

1.

A minimum buffer two hundred (200) feet in width is required adjacent to residential districts or uses and a minimum buffer one hundred (100) feet in width is required adjacent to public rights-of-way.

2.

The additional standards required in subsection 5-5006.F.3., below, for a sanitary landfill.

E.

Landfill, rubble. .....No site shall be developed as a rubble landfill and no existing rubble landfill shall be enlarged or altered except in conformance with the zoning district(s) regulation(s) as a conditional use. Minimum standards for a rubble landfill shall be as follows:

1.

Minimum lot area of ten (10) acres shall be required.

2.

A minimum buffer two hundred (200) feet in width is required adjacent to residential districts or uses and a minimum buffer one hundred (100) feet in width is required adjacent to public rights-of-way.

3.

The additional standards required in subsection 5-5006.F.3., below, for a sanitary landfill.

F.

Landfill, sanitary. .....No site shall be developed as a sanitary landfill or solid waste disposal site, and no existing sanitary landfill shall be enlarged, altered, or changed in use, except in conformance with the zoning district regulations of this ordinance and the following provisions:

1.

Minimum lot area of one hundred (100) acres shall be required.

2.

A minimum buffer three hundred (300) feet in width is required adjacent to residential districts or uses and a minimum buffer, one hundred fifty (150) feet in width is required adjacent to public rights-of-way.

3.

Additional standards for landfills:

a.

Access from paved streets is required. Said streets shall be able to withstand maximum load limits established by the Virginia Department of Transportation (VDOT).

b.

Access shall not be through any residential subdivision or development.

c.

In addition to, and to the interior of, any required buffer zone plantings, a minimum six-foot-high solid board fence or masonry wall shall be required around all property lines adjacent to property zoned or developed for residential uses.

d.

The operation of the sanitary landfill shall comply with all applicable federal, state, and county licensing, permits, and authorization.

G.

Recycling center. .....General standards:

1.

Where receptacles for recyclable materials are located outside of a building, they shall be located so as to not disrupt or interfere with on-site traffic circulation, required fire lanes or required parking, loading or stacking areas.

2.

Specific circulation pattern shall be established to provide safe and easy access to recycling receptacles. Adequate space shall be provided for the unloading of recyclable materials.

3.

A regular schedule for picking up recycled materials shall be established and maintained.

4.

The site shall be maintained free of litter.

5.

Where receptacles for recyclable materials are located outside of a building, they shall be screened from public view in accordance with the screening zone specifications of article VIII.

H.

Resource extraction. .....When established as a conditional use, processing and removal of sand, gravel, or stone, stripping of topsoil (but not including stripping of sod), and borrow pits, shall be subject to the following standards:

1.

Exemptions.

a.

Any operator engaging in mining and disturbing less than one (1) acre of land and removing less than five hundred (500) tons of material at any particular site is exempt from the provisions of this ordinance; providing, however:

i.

Excavation or grading when conducted solely in aid of on-site farming or construction.

ii.

Each person intending to engage in such restricted mining shall submit an application for exemption, a sketch of the mining site and an operations plan to the zoning administrator, who shall approve the application if he determines that the issuance of the permit shall not violate the provisions of this ordinance.

2.

Permit required. .....It shall be unlawful for any person, firm, partnership or corporation to break or disturb the surface soil or rock in order to facilitate or accomplish the extraction or removal of minerals, ores, rock or other solid matter including any activity constituting all or part of a process for the extraction or removal of minerals, ores, rock or other solid matter so as to make them suitable for commercial, industrial, or construction use but does not include those aspects of deep mining not having significant effect on the surface without first obtaining a conditional use permit to do so from the board of supervisors of Isle of Wight County. Nothing herein shall apply to strip mining of coal. Such permits shall not be transferable.

3.

Application and procedures. .....The application shall be signed by the operator and the landowner and when issued shall be issued in the name of the operator and shall not be transferable between operators.

The application fee shall be as prescribed in Table 3 (fee schedule for zoning applications).

If the operator believes changes in his original plan are necessary or if additional land not shown as part of the approved plan of operation is to be disturbed, he shall submit an amended plan of operation, which shall be approved by the board of supervisors in the same manner as an original.

Application for excavation permits shall be directed to the board of supervisors of Isle of Wight County and shall be filed with the zoning administrator. The application shall include the following information and attachments:

a.

The common name and geologic title, where applicable, of the mineral, ore or other solid matter to be extracted;

b.

A description of the land upon which the applicant proposes to conduct mining operations, which description shall set forth the location of its boundaries and any other description of the land to be disturbed in order that it may be located and distinguished from other lands and easily ascertainable as shown by a map attached thereto showing the amount of land to be disturbed;

c.

The name and address of the owner or owners of the surface of the land;

d.

The name and address of the owner or owners of the mineral, ore or other solid matter;

e.

The source of the operator's legal right to enter and conduct operations on the land to be covered by the permit;

f.

The total number of acres of land to be covered by the permit;

g.

A reasonable estimate of the number of acres of land that will be disturbed by mining operations on the area to be covered by the permit during the ensuing year;

h.

Whether any borrow pit permits of any type are now held by the applicant and the number thereof;

i.

Name and address of the applicant, if an individual; the names and addresses of all partners, if a partnership; the state of incorporation and the name and address of its registered agent, if a corporation; or the name and address of the trustee, if a trust;

j.

If known, where the applicant or any subsidiary or affiliate or any partnership, association, trust or corporation controlled by or under common control with the applicant, or any person required to be identified by subsection 3.i. of this section, has ever had a borrow permit of any type issued under the laws of this or any other state revoked or has ever had a mining or other bond, or security deposit in lieu of bond, forfeited;

k.

The application for a permit shall be accompanied by the minimum number of copies required by the application of an accurate map or plan and meet the following requirements:

i.

Be prepared by a licensed engineer or licensed surveyor;

ii.

Identify the area to correspond with the land described in the application;

iii.

Show adjacent deep mining, if any, and the boundaries of surface properties, with the names of the owners of the affected area which lie within one hundred (100) feet of any part of the affected area;

iv.

Be drawn to a scale of four hundred (400) feet to the inch or better;

v.

Show the names and locations of all streams, creeks or other bodies of public water, roads, buildings, cemeteries, oil and gas wells, and the utility lines on the area affected and within five hundred (500) feet of such area;

vi.

Show by appropriate markings the boundaries of the area of land affected, the outcrop of the seam at the surface or deposit to be mined, and the total number of acres involved in the area of land affected;

vii.

Show the date on which the map was prepared, the north arrow and the quadrangle name;

viii.

Show the drainage plan on and away from the area of land affected, including the directional flow of water, constructed drainage ways, natural waterways used for drainage and the streams or tributaries receiving the discharge;

l.

Provide information delineating the vehicular access to be utilized by the excavation operator and a statement listing the various public streets/highways to be used as haul routes;

m.

Provide an erosion and sedimentation control plan designed in accordance with all applicable state requirements related to land-disturbing activities;

n.

Provide an estimation of the total number of cubic yards to be excavated;

p.

Provide the proposed date on which excavation operations will commence, the proposed date on which such operation will be completed and the proposed date all required restoration measures will be completed;

q.

The name and address of the operator.

No permit shall be issued by the board of supervisors until the planning commission and zoning administrator have approved the plan of operation from the applicant as hereinafter provided.

4.

Operations plan required. .....The application for a permit shall be accompanied by an operations plan in such form and with such accompanying material as the zoning administrator shall require. The operations plan shall describe the specifications for surface grading and restoration, including sketches, delineating placement of spoil, stockpiles and tailing ponds, to a surface that is suitable for the proposed subsequent use of the land after reclamation is completed. The operations plan shall include a provision for reclamation of all land estimated to be affected by the mining operation for which the permit is sought. The reclamation provision shall be in such form and contain such accompanying material as the zoning administrator shall require and shall state:

a.

The planned use to which the affected land is to be returned through reclamation;

b.

Proposed actions to assure suitable reclamation of the affected land for the planned use to be carried out by the applicant as an integral part of the proposed mining operation and to be conducted simultaneously insofar as practicable. The board can set schedules for the integration of reclamation with the mining operation according to the various individual mineral types.

5.

Reclamation. .....It shall be the policy of the board of supervisors to encourage adoption of productive land use, such as pasture, agricultural use, recreational areas, sanitary landfills, forestry and timberland operations, industrial and building sites, and to consider the general original contour in determining the particular reclamation program for the acreage. The reclamation shall be conducted simultaneously with the mining operation insofar as practicable The zoning administrator may require an amendment to the operations plan to meet the exigencies of any unanticipated circumstances or event.

6.

Application processing. .....The zoning administrator shall transmit the application to the planning commission for consideration by said planning commission. The planning commission shall consider the location of the proposed excavation and the plans accompanying the application. The planning commission shall make its recommendation to the board of supervisors for approval, disapproval or amendment of the application.

7.

Operating and development requirements.

a.

Setbacks for borrow pits and other excavations. .....The edge of an excavation area for borrow pits and other purposes shall be located at least such distance as to protect adjoining property from collapse, caving or sliding, but in no event shall such excavation areas be less than two hundred (200) feet from adjoining property lines or others. The setback area shall not be used for any purpose during the period of excavation, including overburden and spoil storage, except as access and temporary topsoil storage.

b.

Access roads. .....All access roads shall be constructed so as to intersect as nearly as possible at right angles with public streets and highways and no access road shall intersect any public road at any angle of less than sixty (60) degrees. Where necessary, dust control measures shall be taken.

c.

Roadside landscape. .....Existing trees and ground cover along public street frontage shall be preserved for a depth of two hundred (200) feet, maintained and supplemented during the period of excavation, if deemed desirable by board of supervisors with a recommendation from the planning commission. The type, design and spacing of supplementary planting shall be approved by the zoning administrator.

d.

Fencing/gate requirements. .....The zoning administrator, as herein defined, may require the entire excavation operation to be fenced with gates constructed at all entrances to be kept locked at all times when not in use. The zoning administrator shall determine the type of fencing and gates taking into consideration the activity to be conducted, the location of the site relative to adjoining property owners, degree of development of the surrounding area, visibility of the site as an attractive nuisance, and potential of the site for unauthorized accessibility by the public.

8.

Restoration requirements. .....The site shall be reclaimed in accordance with state standards.

9.

Planning commission and board of supervisors. .....Upon receipt of a reasonable plan of operation as prescribed hereinabove, the zoning administrator shall present the plan to the planning commission for review and the planning commission shall make its recommendation to the board of supervisors. The board of supervisors may issue the permit with or without conditions to ensure compliance with this ordinance unless they find that the applicant has had control or has had common control with a person, partnership, association, trust or corporation which has a borrow pit permit revoked or bond or other security forfeited for failure to reclaim lands as required by the provisions of this ordinance.

10.

Application for permit; adjoining landowners. .....In addition to all other notice requirements contained in this ordinance and otherwise required by law, all property owners located within one thousand (1,000) feet of the property line of any land proposed to be permitted shall be notified by first class mail at least ten (10) days prior to the planning commission's public hearing. The zoning administrator shall be responsible for this notification.

11.

Succession of one (1) operator by another at uncompleted project. .....Where one (1) operator succeeds another at the uncompleted operation, whether by sale, assignment, lease, merger or otherwise, the board of supervisors may release the first operator from all liability under this ordinance as to that particular operation; provided, however, that the successor operator has been issued a permit and has otherwise complied with the requirements of this ordinance, and the successor operator assumes, as part of his obligation under this ordinance, all liability for the reclamation of the area of land affected by the first operator. No fee, or any portion thereof, paid by the first operator shall be returned to either operator. The permit fee for the successor operator for the area of land permitted by the first operator shall be as prescribed for a new application in Table 3 (fee schedule for zoning applications). The permit for the successor operator shall be valid for the remaining period left on the original permit.

12.

Notice of noncompliance served on operator. .....The zoning administrator may cause a notice of noncompliance to be served on the operator whenever the operator fails to obey any order by the zoning administrator to:

a.

Apply the control techniques and institute the actions approved in the operations and reclamation plan;

b.

Comply with any required amendments to the operations or reclamation plan;

c.

Comply with any other requirement of this ordinance;

d.

A copy of the notice shall be delivered to the operator or served by certified mail addressed to the operator at the permanent address shown on the application for a permit. The notice shall specify in what respects the operator has failed to obey the order of the zoning administrator and shall require the operator to comply with the order within a reasonable period of time as fixed by the zoning administrator, following service for the notice. If the operator has not complied with the requirements set forth in the notice of noncompliance within the time limits fixed therein, the board of supervisors shall revoke the permit and declare the forfeiture of the entire bond, which, when collected, shall be used by the County of Isle of Wight in performing reclamation under the provisions of this ordinance.

I.

Scrap and salvage service. .....A scrap materials, and salvage service may be permitted as a conditional use when consistent with the zoning district regulations, provided:

1.

Such facilities shall be screened from view with a solid fence or wall along all property lines six (6) feet in height, except for approved access crossing and utility easements. Said fence or wall shall be located interior to any required buffer or landscape strip and shall present a finished side to the exterior property line(s).

2.

Vehicles shall not be stored or stacked so that they are visible from any adjacent properties.

J.

Shipping container. .....The placement, use and storage of shipping containers shall be authorized only as follows:

1.

Shipping containers used in conjunction with bona fide agricultural uses are exempt from the provisions of this part, except that shipping containers used in conjunction with bona fide agricultural uses shall:

a.

Shall meet the minimum setback requirements for principal structures.

2.

No shipping container shall be used as a residence.

3.

Shipping containers may serve as accessory structures as a permitted use in industrial zoning districts and as a conditional use in residential and commercial zoning districts. Shipping containers shall be subject to all applicable accessory structure requirements contained in this ordinance as well as the following additional criteria:

a.

Shipping containers shall not be stacked in residential and commercial zoning districts.

b.

Shipping containers shall be located in the rear yard of the principal structure only.

c.

The shipping containers are placed or stored in areas depicted on an approved site plan.

d.

The exterior of the shipping container shall be maintained structurally intact.

e.

The exterior of a shipping container in residential and commercial districts must be painted in nonreflective, subtle, neutral or earth tones. The use of high intensity colors, metallic colors, black or fluorescent colors are prohibited.

f.

No more than one (1) shipping container shall be allowed on a residential lot less than two (2) acres in area; no more than two (2) shipping containers shall be allowed on residential lots between two (2) and five (5) acres in area; and a maximum of five (5) containers shall be allowed on residential lots over five (5) acres in area.

g.

There is no maximum number of shipping containers permitted to be used as accessory storage in agricultural and industrial districts.

h.

Shipping containers in commercial and industrial districts must be used in the active transport of goods, wares or merchandise in support of the lawful principal use of the property.

i.

Shipping containers may be allowed only if there is a legally established principal use on-site and all parking requirements are maintained.

j.

Shipping containers shall not be stored in salvage yards. Furthermore, there shall be no storage of raw materials and shipping containers simultaneously on any property.

k.

The shipping containers must comply with development criteria relating to setbacks for principal buildings in the industrial district where permitted and landscape buffer yards.

l.

Shipping containers shall not be stacked to exceed a total of three (3) containers or thirty-eight (38) feet in height in industrial zoning districts, whichever is less. Stacked containers must comply with the Virginia Statewide Fire Prevention Code, as amended.

m.

Shipping containers must be treated to limit or remove potential exposure to hazardous chemicals. A certification that these conditions have been remedied or are absent is required for new container applications.

n.

No shipping container shall be placed on or otherwise block or restrict access to fire hydrants, fire lanes or required parking spaces.

K.

Towing service storage yard. .....A towing service storage yard may be permitted as a conditional use when consistent with the zoning district regulations, provided:

1.

Such facilities shall involve temporary storage (typically ninety (90) days or less) of inoperable motor vehicles.

2.

Inoperable, junk, wrecked vehicles shall be completely screened from view with a solid fence or wall six (6) feet in height, except for approved access crossing and utility easements. Such fence or wall shall be uniform and durable, and shall present a finished side to the exterior property line(s). Such fence shall be properly maintained and located interior to any required buffer or landscape strip.

3.

No junk, wrecked vehicles or parts thereof shall be collected or stored outside the required fence or in piles more than six (6) feet in height.

4.

With the exception of the removal of tires and rims, the on-site dismantling of vehicles is prohibited, as well as the collection or storage of any material containing or contaminated with dangerous explosives, chemicals, gases, combustible or radioactive substances.

5.

Such facilities shall be operated and maintained in such a manner as not to allow the breeding of rats, flies, mosquitoes or other disease carrying animals and insects. (7-7-05; Ord. No. 2012-10-C, 10-18-12, 6-19-14; 7-19-18; 11-15-18.)

A.

Reserved.

B.

Amateur radio tower.

1.

The maximum height allowed shall be no greater than two hundred (200) feet pursuant to Section 15.2-2293.1 of the Code of Virginia.

2.

The following setback requirements shall apply to all towers and antennas:

a.

The tower must be set back from any off-site residential structure no less than the full height of the tower structure and height of any mounted antenna.

b.

Towers, guys and accessory facilities must satisfy the minimum setback requirements for primary structures.

C.

Aviation facility. .....An aircraft landing area or airport may be permitted, provided:

1.

A satisfactory airspace analysis by the Federal Aviation Administration for operation under visual flight rules shall be submitted with the use permit application.

2.

For fixed-wing aircraft, a clear zone extending one thousand (1,000) feet from the end of all runways shall be secured through ownership or easement, but, in no case, shall the end of a runway be closer than two hundred (200) feet from any property line.

3.

For both fixed- and rotary-wing aircraft, neither the landing area nor any building, structure, or navigational aid shall be located within four hundred (400) feet of any property line adjacent to a residential district or use.

a.

Landing areas for rotary-wing aircraft shall be designed to comply with the Airport Design Guide of the Federal Aviation Administration.

D.

Communication tower (and associated substation).

1.

General description. .....The purpose of this section is to establish general guidelines for the siting of towers and antennas. The goals of this section are to:

a.

Encourage the location of towers in nonresidential areas and minimize the total number of towers and tower sites throughout the community.

b.

Encourage strongly the joint use of new and existing tower sites.

c.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.

d.

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas.

e.

To provide adequate sites for the provision of telecommunication services with minimal negative impact on the resources of the county.

This section is intended to comply with all federal and state regulations.

2.

Applicability. .....This section shall not govern any tower, or the installation of any antenna, that is:

a.

Under fifty (50) feet in height;

b.

Owned and operated by a federally licensed amateur radio station operator;

c.

Used exclusively for receive only antennas for amateur radio station operation;

d.

Used solely as part of an agricultural operation; or

e.

Towers or antennas used primarily by governmental agencies for public safety communications and emergency services are exempt from the conditional use permit process, provided they meet the guidelines set forth by [subsection] 5-5007.D.13 and 14 of the Zoning Ordinance as determined through the preliminary site development plan process.

3.

Existing structures and towers. .....The placement of an antenna on or in an existing structure such as a building, sign, light pole, water tank, or other freestanding structure or existing tower or pole shall be permitted so long as the addition of said antenna shall not add more than twenty (20) feet in height to said structure or tower and shall not require additional lighting pursuant to FAA (Federal Aviation Administration) or other applicable requirements.

Such permitted use also may include the placement of additional buildings or other supporting equipment used in connection with said antenna so long as such building or equipment is placed within the existing structure or property and is necessary for such use. The following shall be required of any proposed antenna or "co-location":

a.

All utilities required will be placed beneath the surface of the ground.

b.

Commercial wireless service co-locations shall not include facilities for transmitting or receiving signals by governmental agencies.

c.

All co-locations must be in compliance with Federal Communication Commission (FCC) standards for non-ionizing electromagnetic emissions.

In addition, a non-ionizing electromagnetic radiation (NIER) report shall be required for any proposed co-location if an impact analysis for that co-location port was not included within the NIER report submitted at the tower approval stage.

4.

General guidelines and requirements.

a.

Must consider county-owned locations first in considering new builds.

b.

Must agree up front to escrow or payment in lieu of escrow.

c.

Principal or accessory use:

i.

For purposes of determining compliance with area requirements, antennas and towers may be considered either principal or accessory uses.

ii.

An existing use or an existing structure on the same lot shall not preclude the installation of antennas or towers on such lot.

iii.

For purposes of determining whether the installation of a tower or antenna complies with district regulations, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased area within such lots.

iv.

Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.

5.

Inventory of existing sites. .....Each applicant for an antenna and or tower shall provide to the department of planning and zoning an inventory of its existing facilities that are either within the locality or within five (5) miles of the border thereof, including specific information about the location, height, and existing use and available capacity of each tower.

The department of planning and zoning may share such information with other applicants applying for approvals or conditional use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the locality, provided, however that department of planning and zoning shall not, by sharing such information, in any way represent or warrant that such sites are available or suitable.

6.

Design and lighting requirements. .....The requirements set forth in this section shall govern the location of all owners and the installation of all antennas governed by this section; provided, however, that the board of supervisors may waive any of these requirements if it determines that the goals of this section are better served thereby.

a.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA (Federation Aviation Administration), be painted a neutral color, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, nonreflective color with no logos.

b.

At a facility site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding structures.

c.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

d.

Towers shall not be artificially lighted, unless required by the FAA (Federal Aviation Administration) or other applicable authority. If lighting is required, the board of supervisors may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

e.

No advertising of any type may be placed on the tower or accompanying facility unless as part of retrofitting an existing sign structure.

f.

To permit co-location, the tower may be required to be designed and constructed to permit extensions.

7.

Federal requirements. .....All towers must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other agency of the federal government with the authority to regulate towers and antennas. In addition, the tower owner shall implement U.S. Fish and Wildlife Service procedures for communication tower construction, operation, and decommissioning to protect endangered night-migrating birds under the Migratory Bird Treaty Act, Endangered Species Act, and Bald and Golden Eagle Act.

8.

Building codes. .....To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state and local building codes and regulations.

9.

Information required for conditional use permit. .....Each applicant requesting a conditional use permit under this section shall submit a scaled plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping and adjacent uses. The county may require other information to be necessary to assess compliance with this section. Additionally, the applicant shall:

a.

Provide actual photographs of the site from all geographic directions (north, south, east, and west) and from any additional vantage point specified by the zoning administrator; and

b.

Erect a temporary structural marker of fluorescent color, not less than ten (10) feet in height and two (2) feet in diameter, to mark the base of the proposed tower on the site.

The photographs shall contain a simulated photographic image of the proposed tower and include the foreground, the mid-ground, and the background of the site. The structural marker shall be erected at the time of application and removed within ten (10) days after the final public hearing for the proposed conditional use permit request. The objective of the photograph simulations and structural marker shall be to provide a vertical representation of the structure for survey of the visual impacts the tower will have from significant highway corridors, residential properties, and historic/significant areas.

In addition to the above required information, the applicant shall also submit the following:

i.

An engineering report from a qualified radio-frequency engineer that is sealed and signed and specifies the height above grade for all potential mounting positions for co-location antennae and the minimum required separation distances between antennae to ensure no frequency interference.

ii.

An engineering report from a qualified structural engineer that is sealed and signed, and supports the proposed vertical design separation of antennae and includes the following:

(1)

The tower height and design including cross-section and elevation.

(2)

Structural mounting designs and materials list.

(3)

Certification that the proposed tower is compatible for co-location with a minimum of six (6) users (including the primary user) at the heights proposed and specification on the type of antennae that the tower can accommodate.

iii.

The applicant shall provide copies of its co-location policy.

iv.

The applicant shall provide copies of propagation maps demonstrating that antennas and sites for possible co-locator antennae are no higher in elevation than necessary.

v.

The personal communications service carrier shall be a co-applicant for all applications.

vi.

For the purpose of determining the tower's suitability for use in the case of a local, state, or national emergency, the applicant shall provide written information specifying what measures will be provided to accomplish continued communications operations in the event of power outages caused by a manmade or natural disaster, i.e., backup generators, etc.

10.

Factors considered in granting conditional use permits for new towers. .....The board of supervisors of Isle of Wight County shall consider the following factors in determining whether to issue a conditional use permit for new towers. The board of supervisors may waive or reduce the burden on the applicant of one (1) or more of these criteria if the board of supervisors concludes that the goals of this section are better served thereby:

a.

Height of the proposed tower;

b.

Proximity of the tower to residential structures and residential district boundaries;

c.

Nature of the uses of adjacent and nearby properties;

d.

Surrounding topography;

e.

Surrounding tree coverage and foliage;

f.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

g.

Proposed ingress and egress;

h.

Co-location policy;

i.

Language of the lease agreement dealing with co-location;

j.

Consistency with the comprehensive plan and the purposes to be served by zoning;

k.

Availability of suitable existing towers and other structures as discussed below;

l.

Proximity to commercial or private airports; and

m.

Level of emergency preparedness for the individual site and contribution to the county-wide emergency response plan.

11.

Availability of suitable existing towers or other structures. .....No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the board of supervisors of Isle of Wight County that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted should consist of the following:

a.

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements;

b.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements;

c.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment, and cannot be retrofitted to accommodate additional users;

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna;

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure or sharing are unreasonable. Costs exceeding tower or structure for sharing are unreasonable; and

f.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

12.

Setbacks. .....The following setback requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the board of supervisors of Isle of Wight County may reduce the standard setback requirements if the goals of this section would be better served thereby.

a.

The tower must be set back from any off-site residential structure no less than four hundred (400) feet.

b.

A setback of one (1) foot horizontally for each foot in height shall be provided from the base of the tower structure to any adjoining property line (other than the property of the lessor).

c.

Towers, guys and accessory facilities must satisfy the minimum zoning district setback requirements for primary structures.

13.

Security fencing. .....Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the board of supervisors of Isle of Wight County may waive such requirements, as it deems appropriate.

14.

Landscaping. .....The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required; provided, however, that the board of supervisors of Isle of Wight County may waive such requirements if the goals of this section would be better served thereby:

a.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the support buildings from adjacent property. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the facilities.

b.

In locations in which the board of supervisors of Isle of Wight County finds that the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.

c.

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, the board of supervisors of Isle of Wight County may determine the natural growth around the property perimeter may be sufficient buffer.

d.

Existing trees within the lesser of two hundred (200) feet or the area controlled by the applicant/owner shall not be removed except as may be authorized to permit construction of the tower and installation of access for vehicle utilities.

15.

Local government access. .....Owners of towers shall provide the county a right of first refusal for co-location opportunities as a community benefit to improve radio communication for county departments and emergency services, provided it does not conflict with the co-location requirement of subsection 9.a., of this section.

16.

Removal of abandoned antennas and towers. .....Any antenna or tower that is not operated for a continuous period of twenty-four (24) months shall be considered abandoned, and the owner of each such antenna or tower shall remove same within ninety (90) days of receipt of notice from the county notifying the owner of such removal equipment requirement. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings to a minimum depth of three (3) feet. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. At the discretion of the county, a surety bond in a form acceptable to the county attorney may be required to insure that the funds necessary for removal are available to the county in the event the structure is abandoned.

17.

Required yearly report. .....The owner of each such antenna or tower shall submit a report to the board of supervisors of Isle of Wight County once a year, no later than July 1. The report shall state the current user status of the tower.

18.

Review fees. .....Any out-of-pocket costs incurred for review by a licensed engineer of any of the above-required information shall be paid by the applicant.

E.

Composting system, confined vegetative waste or yard.

1.

All composting operations shall submit the following in order to make application for a conditional use permit:

a.

A written plan operation demonstrating the composting facility owner and operators understand and will apply the principles and proper methods of composting. The plan also must demonstrate that the composting facility will be operated in a manner that will not pose a threat to human health and the environment, and the intended use of the compost.

b.

The plan shall include standards for siting, design, construction, operation, closure, and permitting procedures for vegetative waste management facilities, including yard waste composting facilities.

c.

The plan shall also specifically address odor minimization, including seasonal variations that effect wind velocity and direction shall be described.

2.

All state, federal and local permits shall be obtained and submitted to the department of planning and zoning prior to operation.

3.

A composting system shall not include the land application of compostable organic material to forestall or agricultural lands.

F.

Reconstructed wetland.

1.

Intent. .....The purpose of requiring a conditional use permit is to ensure consistency with the comprehensive plan and appropriate land use. Reconstructed wetlands, once permitted by state and federal agencies, become a permanent long-term land use that is expensive and difficult to re-permit if it is poorly placed on the landscape. Such facilities should therefore be evaluated in relationship to the long range plans of the county. Issues related to the technical design, feasibility, etc., shall remain the jurisdiction of the Army Corps of Engineers and the Department of Environmental Quality and shall not be a consideration m evaluating the conditional use permit request.

G.

Shooting range, outdoor.

1.

General standards:

a.

The site or area used as a shooting range or match shall be fenced, posted every fifty (50) feet or otherwise restricted so that access to the site is controlled to insure the safety of patrons, spectators and the public at large.

b.

The county sheriff shall review and make recommendations for the design and layout of any shooting range or match as to its safety to patrons of the range as well as surrounding property owners. As a general guideline, the following distances shall be maintained unless modified in writing by the county sheriff:

i.

The minimum distance from any firing point measured in the direction of fire to the nearest property line shall not be less than three hundred (300) feet;

ii.

Where a backstop is utilized to absorb the discharged load, the minimum distance may be two hundred (200) feet; and

iii.

No firing point shall be located within one hundred (100) feet of an adjoining property line.

2.

The distance for the written notice to adjoining property owners as set forth in section 1-1021 of this ordinance shall be extended to one thousand feet (1,000) for the purposes of this use.

H.

Turkey shoot.

1.

General standards:

a.

A turkey shoot shall be on a site of not less than three (3) acres.

b.

The firing line or points shall be located at least one hundred (100) feet from any public road.

c.

The site shall be so designed that the distance to any adjacent property measured from the firing point or points in the direction of fire shall be not less than six hundred (600) feet, or an earthen backstop of twenty (20) feet or greater shall be provided a minimum of two hundred (200) feet from the firing line.

d.

Shotguns only shall be used in a turkey shoot.

e.

The use or discharge of firearms shall be prohibited between the hours of 9:30 p.m. and 7:00 a.m.

f.

A zoning permit shall be valid for a period not to exceed sixty (60) consecutive days.

g.

A turkey shoot shall not be conducted on the same property for more than ninety (90) days in any twelve-month period. (7-7-05; Ord. No. 2011-11-C, 7-7-11; Ord. No. 2013-1-C, 4-18-13; 7-17-14; 7-21-16; 7-19-18; 11-15-18.)

For state law as to authority of the county to regulate boating within its territorial waterways, see Code of Va., § 29.1-700 et seq.