§ 5-5002. Supplementary use regulations for residential use types.

A.

Accessory apartment. .....It is the specific purpose and intent to allow accessory apartments through conversion of existing larger residential structures and in the construction of new structures. Such uses are to provide the opportunity and encouragement to meet the special housing needs of single persons and couples of low- and moderate-income, both young and old, as well as relatives of families residing in the county.

It is furthermore the intent and purpose of accessory apartments to allow the more efficient use of the county's existing housing stock, in a manner consistent with the land use objectives identified in the comprehensive plan and to provide alternative housing opportunities while protecting and preserving property values and community character. To help achieve these goals and purposes, the following standards are set forth as conditions for such accessory uses:

1.

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

a.

[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 in 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 apartment in an accessory building shall not exceed fifty percent (50%) of the floor area of the accessory building.

d.

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

e.

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

f.

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

g.

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

h.

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

2.

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

a.

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

b.

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

c.

Maximum floor area.

i.

The maximum floor area of an accessory apartment located above a commercial unit shall not exceed fifty 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 apartments are permitted as indicated in the zoning district regulations. The following standards for such apartment uses are intended to supplement, and in some cases, supersede those outlined in the schedule of zone regulations district regulations.

2.

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

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 and condominium developments:

a.

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

b.

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

c.

The management structure shall be established prior to 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.)