§ 5-2000. Supplementary density and dimensional regulations.

A.

Accessory building requirements.

1.

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

2.

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

a.

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

b.

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

c.

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

d.

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

e.

Shipping containers may be used as residential, commercial and industrial accessory structures subject to the criteria in subsection 5-5006.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, cornices, eaves, belt courses, sills, canopies, or other similar architectural features (but not including bay windows or vertical projections) may project into a required side yard not more than eighteen (18) inches, but not closer than three (3) feet to the side lot line, and may not exceed thirty-six (36) inches. Chimneys and air conditioners may project into any yard not more than eighteen (18) inches, but air conditioners rated at twenty-four thousand (24,000) BTU or less shall not be so placed as to discharge air within five (5) feet of side yard lines, and those rated over twenty-four thousand (24,000) to discharge air within twelve (12) feet of side yard lines, other than side yard lines adjacent to streets.

5.

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

6.

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

7.

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

I.

Frontage.

1.

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

2.

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

J.

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

K.

Minimum lot size.

1.

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

2.

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

L.

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

1.

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

2.

Recreational vehicles shall not be used as living quarters, and may only be otherwise occupied in accordance with district regulations.

M.

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

N.

Residential density.

1.

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

2.

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

O.

Sight triangles.

1.

To promote visibility for pedestrians and the operators of motor vehicles, a clear sight triangle shall be established at the intersecting rights-of-way of any two (2) streets. The legs of this sight triangle shall be twenty-five (25) feet in 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.)