§ 5-5003. Supplementary use regulations for civic use types.

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 front yard setback of the underlying zoning district and 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.

Well Class	Distance from Cemetery
Class 3A or deep well	Minimum 50 feet
Class 3B well	Minimum 50 feet
Class 3C or a shallow well	Minimum 100 feet
Class 4 well	Minimum 100 feet

 

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.

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 can satisfy this requirement by submitting proof of application for interconnection to the electricity system.

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 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 and twenty-five (125) feet from any residential parcels, and 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; 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 with at least fifty (50) feet of right-of-way, a minimum fifty-foot wide bufferyard shall be installed or retained with at least seventy-five (75) landscaping points per one hundred (100) linear feet shall be required in the bufferyard;

ii.

Along public roadways with less than fifty (50) feet of right-of-way, twenty-five (25) landscaping points per one hundred (100) linear feet shall be required in the bufferyard;

iii.

Where solar facility properties abut residential parcels, one hundred twenty (120) landscaping points per five hundred (500) square feet of bufferyard shall be required;

iv.

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

v.

No silvicultural activities or removal of required landscaping materials shall occur in the required bufferyards.

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, which may include the net salvage value of such equipment, facilities, or devices, 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.

d)

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.

iv.

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

ii.

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 VDOT 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 VDOT, in order to ensure the safety of the traveling public, some damages may need to be addressed immediately. (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.)