§ 5-5001. Supplementary use regulations for agricultural use types.

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 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 and 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.)