§ 5-5006. Supplementary use regulations for industrial use types.

A.

Abattoir or livestock processing.

1.

General development standards:

a.

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

b.

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

c.

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

d.

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

2.

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

a.

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

b.

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

c.

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

3.

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

a.

Minimum acreage: Five (5).

b.

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

B.

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

1.

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

a.

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

b.

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

c.

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

2.

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

3.

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

C.

Construction yard. .....General standards:

1.

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

2.

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

a.

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

b.

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

c.

Specific measures to control dust on the site.

3.

In the VC district, the following standards shall apply:

a.

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

D.

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

1.

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

2.

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

E.

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

1.

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

2.

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

3.

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

F.

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

1.

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

2.

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

3.

Additional standards for landfills:

a.

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

b.

Access shall not be through any residential subdivision or development.

c.

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

d.

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

G.

Recycling center. .....General standards:

1.

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

2.

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

3.

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

4.

The site shall be maintained free of litter.

5.

Where receptacles for recyclable materials are located outside of a building, they shall be screened from public view in accordance with the screening zone specifications of article VIII.

H.

Resource extraction. .....When established as a conditional use, processing and removal of sand, gravel, or stone, stripping of topsoil (but not including stripping of sod), and borrow pits, shall be subject to the following standards:

1.

Exemptions.

a.

Any operator engaging in mining and disturbing less than one (1) acre of land and removing less than five hundred (500) tons of material at any particular site is exempt from the provisions of this ordinance; providing, however:

i.

Excavation or grading when conducted solely in aid of on-site farming or construction.

ii.

Each person intending to engage in such restricted mining shall submit an application for exemption, a sketch of the mining site and an operations plan to the zoning administrator, who shall approve the application if he determines that the issuance of the permit shall not violate the provisions of this ordinance.

2.

Permit required. .....It shall be unlawful for any person, firm, partnership or corporation to break or disturb the surface soil or rock in order to facilitate or accomplish the extraction or removal of minerals, ores, rock or other solid matter including any activity constituting all or part of a process for the extraction or removal of minerals, ores, rock or other solid matter so as to make them suitable for commercial, industrial, or construction use but does not include those aspects of deep mining not having significant effect on the surface without first obtaining a conditional use permit to do so from the board of supervisors of Isle of Wight County. Nothing herein shall apply to strip mining of coal. Such permits shall not be transferable.

3.

Application and procedures. .....The application shall be signed by the operator and the landowner and when issued shall be issued in the name of the operator and shall not be transferable between operators.

The application fee shall be as prescribed in Table 3 (fee schedule for zoning applications).

If the operator believes changes in his original plan are necessary or if additional land not shown as part of the approved plan of operation is to be disturbed, he shall submit an amended plan of operation, which shall be approved by the board of supervisors in the same manner as an original.

Application for excavation permits shall be directed to the board of supervisors of Isle of Wight County and shall be filed with the zoning administrator. The application shall include the following information and attachments:

a.

The common name and geologic title, where applicable, of the mineral, ore or other solid matter to be extracted;

b.

A description of the land upon which the applicant proposes to conduct mining operations, which description shall set forth the location of its boundaries and any other description of the land to be disturbed in order that it may be located and distinguished from other lands and easily ascertainable as shown by a map attached thereto showing the amount of land to be disturbed;

c.

The name and address of the owner or owners of the surface of the land;

d.

The name and address of the owner or owners of the mineral, ore or other solid matter;

e.

The source of the operator's legal right to enter and conduct operations on the land to be covered by the permit;

f.

The total number of acres of land to be covered by the permit;

g.

A reasonable estimate of the number of acres of land that will be disturbed by mining operations on the area to be covered by the permit during the ensuing year;

h.

Whether any borrow pit permits of any type are now held by the applicant and the number thereof;

i.

Name and address of the applicant, if an individual; the names and addresses of all partners, if a partnership; the state of incorporation and the name and address of its registered agent, if a corporation; or the name and address of the trustee, if a trust;

j.

If known, where the applicant or any subsidiary or affiliate or any partnership, association, trust or corporation controlled by or under common control with the applicant, or any person required to be identified by subsection 3.i. of this section, has ever had a borrow permit of any type issued under the laws of this or any other state revoked or has ever had a mining or other bond, or security deposit in lieu of bond, forfeited;

k.

The application for a permit shall be accompanied by the minimum number of copies required by the application of an accurate map or plan and meet the following requirements:

i.

Be prepared by a licensed engineer or licensed surveyor;

ii.

Identify the area to correspond with the land described in the application;

iii.

Show adjacent deep mining, if any, and the boundaries of surface properties, with the names of the owners of the affected area which lie within one hundred (100) feet of any part of the affected area;

iv.

Be drawn to a scale of four hundred (400) feet to the inch or better;

v.

Show the names and locations of all streams, creeks or other bodies of public water, roads, buildings, cemeteries, oil and gas wells, and the utility lines on the area affected and within five hundred (500) feet of such area;

vi.

Show by appropriate markings the boundaries of the area of land affected, the outcrop of the seam at the surface or deposit to be mined, and the total number of acres involved in the area of land affected;

vii.

Show the date on which the map was prepared, the north arrow and the quadrangle name;

viii.

Show the drainage plan on and away from the area of land affected, including the directional flow of water, constructed drainage ways, natural waterways used for drainage and the streams or tributaries receiving the discharge;

l.

Provide information delineating the vehicular access to be utilized by the excavation operator and a statement listing the various public streets/highways to be used as haul routes;

m.

Provide an erosion and sedimentation control plan designed in accordance with all applicable state requirements related to land-disturbing activities;

n.

Provide an estimation of the total number of cubic yards to be excavated;

p.

Provide the proposed date on which excavation operations will commence, the proposed date on which such operation will be completed and the proposed date all required restoration measures will be completed;

q.

The name and address of the operator.

No permit shall be issued by the board of supervisors until the planning commission and zoning administrator have approved the plan of operation from the applicant as hereinafter provided.

4.

Operations plan required. .....The application for a permit shall be accompanied by an operations plan in such form and with such accompanying material as the zoning administrator shall require. The operations plan shall describe the specifications for surface grading and restoration, including sketches, delineating placement of spoil, stockpiles and tailing ponds, to a surface that is suitable for the proposed subsequent use of the land after reclamation is completed. The operations plan shall include a provision for reclamation of all land estimated to be affected by the mining operation for which the permit is sought. The reclamation provision shall be in such form and contain such accompanying material as the zoning administrator shall require and shall state:

a.

The planned use to which the affected land is to be returned through reclamation;

b.

Proposed actions to assure suitable reclamation of the affected land for the planned use to be carried out by the applicant as an integral part of the proposed mining operation and to be conducted simultaneously insofar as practicable. The board can set schedules for the integration of reclamation with the mining operation according to the various individual mineral types.

5.

Reclamation. .....It shall be the policy of the board of supervisors to encourage adoption of productive land use, such as pasture, agricultural use, recreational areas, sanitary landfills, forestry and timberland operations, industrial and building sites, and to consider the general original contour in determining the particular reclamation program for the acreage. The reclamation shall be conducted simultaneously with the mining operation insofar as practicable The zoning administrator may require an amendment to the operations plan to meet the exigencies of any unanticipated circumstances or event.

6.

Application processing. .....The zoning administrator shall transmit the application to the planning commission for consideration by said planning commission. The planning commission shall consider the location of the proposed excavation and the plans accompanying the application. The planning commission shall make its recommendation to the board of supervisors for approval, disapproval or amendment of the application.

7.

Operating and development requirements.

a.

Setbacks for borrow pits and other excavations. .....The edge of an excavation area for borrow pits and other purposes shall be located at least such distance as to protect adjoining property from collapse, caving or sliding, but in no event shall such excavation areas be less than two hundred (200) feet from adjoining property lines or others. The setback area shall not be used for any purpose during the period of excavation, including overburden and spoil storage, except as access and temporary topsoil storage.

b.

Access roads. .....All access roads shall be constructed so as to intersect as nearly as possible at right angles with public streets and highways and no access road shall intersect any public road at any angle of less than sixty (60) degrees. Where necessary, dust control measures shall be taken.

c.

Roadside landscape. .....Existing trees and ground cover along public street frontage shall be preserved for a depth of two hundred (200) feet, maintained and supplemented during the period of excavation, if deemed desirable by board of supervisors with a recommendation from the planning commission. The type, design and spacing of supplementary planting shall be approved by the zoning administrator.

d.

Fencing/gate requirements. .....The zoning administrator, as herein defined, may require the entire excavation operation to be fenced with gates constructed at all entrances to be kept locked at all times when not in use. The zoning administrator shall determine the type of fencing and gates taking into consideration the activity to be conducted, the location of the site relative to adjoining property owners, degree of development of the surrounding area, visibility of the site as an attractive nuisance, and potential of the site for unauthorized accessibility by the public.

8.

Restoration requirements. .....The site shall be reclaimed in accordance with state standards.

9.

Planning commission and board of supervisors. .....Upon receipt of a reasonable plan of operation as prescribed hereinabove, the zoning administrator shall present the plan to the planning commission for review and the planning commission shall make its recommendation to the board of supervisors. The board of supervisors may issue the permit with or without conditions to ensure compliance with this ordinance unless they find that the applicant has had control or has had common control with a person, partnership, association, trust or corporation which has a borrow pit permit revoked or bond or other security forfeited for failure to reclaim lands as required by the provisions of this ordinance.

10.

Application for permit; adjoining landowners. .....In addition to all other notice requirements contained in this ordinance and otherwise required by law, all property owners located within one thousand (1,000) feet of the property line of any land proposed to be permitted shall be notified by first class mail at least ten (10) days prior to the planning commission's public hearing. The zoning administrator shall be responsible for this notification.

11.

Succession of one (1) operator by another at uncompleted project. .....Where one (1) operator succeeds another at the uncompleted operation, whether by sale, assignment, lease, merger or otherwise, the board of supervisors may release the first operator from all liability under this ordinance as to that particular operation; provided, however, that the successor operator has been issued a permit and has otherwise complied with the requirements of this ordinance, and the successor operator assumes, as part of his obligation under this ordinance, all liability for the reclamation of the area of land affected by the first operator. No fee, or any portion thereof, paid by the first operator shall be returned to either operator. The permit fee for the successor operator for the area of land permitted by the first operator shall be as prescribed for a new application in Table 3 (fee schedule for zoning applications). The permit for the successor operator shall be valid for the remaining period left on the original permit.

12.

Notice of noncompliance served on operator. .....The zoning administrator may cause a notice of noncompliance to be served on the operator whenever the operator fails to obey any order by the zoning administrator to:

a.

Apply the control techniques and institute the actions approved in the operations and reclamation plan;

b.

Comply with any required amendments to the operations or reclamation plan;

c.

Comply with any other requirement of this ordinance;

d.

A copy of the notice shall be delivered to the operator or served by certified mail addressed to the operator at the permanent address shown on the application for a permit. The notice shall specify in what respects the operator has failed to obey the order of the zoning administrator and shall require the operator to comply with the order within a reasonable period of time as fixed by the zoning administrator, following service for the notice. If the operator has not complied with the requirements set forth in the notice of noncompliance within the time limits fixed therein, the board of supervisors shall revoke the permit and declare the forfeiture of the entire bond, which, when collected, shall be used by the County of Isle of Wight in performing reclamation under the provisions of this ordinance.

I.

Scrap and salvage service. .....A scrap materials, and salvage service may be permitted as a conditional use when consistent with the zoning district regulations, provided:

1.

Such facilities shall be screened from view with a solid fence or wall along all property lines six (6) feet in height, except for approved access crossing and utility easements. Said fence or wall shall be located interior to any required buffer or landscape strip and shall present a finished side to the exterior property line(s).

2.

Vehicles shall not be stored or stacked so that they are visible from any adjacent properties.

J.

Shipping container. .....The placement, use and storage of shipping containers shall be authorized only as follows:

1.

Shipping containers used in conjunction with bona fide agricultural uses are exempt from the provisions of this part, except that shipping containers used in conjunction with bona fide agricultural uses shall:

a.

Shall meet the minimum setback requirements for principal structures.

2.

No shipping container shall be used as a residence.

3.

Shipping containers may serve as accessory structures as a permitted use in industrial zoning districts and as a conditional use in residential and commercial zoning districts. Shipping containers shall be subject to all applicable accessory structure requirements contained in this ordinance as well as the following additional criteria:

a.

Shipping containers shall not be stacked in residential and commercial zoning districts.

b.

Shipping containers shall be located in the rear yard of the principal structure only.

c.

The shipping containers are placed or stored in areas depicted on an approved site plan.

d.

The exterior of the shipping container shall be maintained structurally intact.

e.

The exterior of a shipping container in residential and commercial districts must be painted in nonreflective, subtle, neutral or earth tones. The use of high intensity colors, metallic colors, black or fluorescent colors are prohibited.

f.

No more than one (1) shipping container shall be allowed on a residential lot less than two (2) acres in area; no more than two (2) shipping containers shall be allowed on residential lots between two (2) and five (5) acres in area; and a maximum of five (5) containers shall be allowed on residential lots over five (5) acres in area.

g.

There is no maximum number of shipping containers permitted to be used as accessory storage in agricultural and industrial districts.

h.

Shipping containers in commercial and industrial districts must be used in the active transport of goods, wares or merchandise in support of the lawful principal use of the property.

i.

Shipping containers may be allowed only if there is a legally established principal use on-site and all parking requirements are maintained.

j.

Shipping containers shall not be stored in salvage yards. Furthermore, there shall be no storage of raw materials and shipping containers simultaneously on any property.

k.

The shipping containers must comply with development criteria relating to setbacks for principal buildings in the industrial district where permitted and landscape buffer yards.

l.

Shipping containers shall not be stacked to exceed a total of three (3) containers or thirty-eight (38) feet in height in industrial zoning districts, whichever is less. Stacked containers must comply with the Virginia Statewide Fire Prevention Code, as amended.

m.

Shipping containers must be treated to limit or remove potential exposure to hazardous chemicals. A certification that these conditions have been remedied or are absent is required for new container applications.

n.

No shipping container shall be placed on or otherwise block or restrict access to fire hydrants, fire lanes or required parking spaces.

K.

Towing service storage yard. .....A towing service storage yard may be permitted as a conditional use when consistent with the zoning district regulations, provided:

1.

Such facilities shall involve temporary storage (typically ninety (90) days or less) of inoperable motor vehicles.

2.

Inoperable, junk, wrecked vehicles shall be completely screened from view with a solid fence or wall six (6) feet in height, except for approved access crossing and utility easements. Such fence or wall shall be uniform and durable, and shall present a finished side to the exterior property line(s). Such fence shall be properly maintained and located interior to any required buffer or landscape strip.

3.

No junk, wrecked vehicles or parts thereof shall be collected or stored outside the required fence or in piles more than six (6) feet in height.

4.

With the exception of the removal of tires and rims, the on-site dismantling of vehicles is prohibited, as well as the collection or storage of any material containing or contaminated with dangerous explosives, chemicals, gases, combustible or radioactive substances.

5.

Such facilities shall be operated and maintained in such a manner as not to allow the breeding of rats, flies, mosquitoes or other disease carrying animals and insects. (7-7-05; Ord. No. 2012-10-C, 10-18-12, 6-19-14; 7-19-18; 11-15-18.)