11-19-2015 Reguler MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE NINETEENTH DAY OF NOVEMBER IN
THE YEAR TWO THOUSAND AND FIFTEEN IN THE ROBERT C.
CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY
COURTHOUSE
PRESENT: Rex W. Alphin, Chairman
Delores C. Darden, Vice -Chairman
Rudolph Jefferson
Alan E. Casteen
Byron B. Bailey
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
At 5:00 p.m., the Chairman called the meeting to order.
CLOSED MEETING
A closed meeting was requested by County Attorney Popovich pursuant to
Section 2.2-3711(A)(1) of the Code of Virginia concerning discussion of the
appointment of specific appointees to County boards, commissions or
authorities; pursuant to Section 2.2--3711(A)(5) regarding discussion of a
perspective business or industry where no previous announcement has been
made of the business's interest in locating its facilities in the community;
pursuant to Section 2.2-3711(A)(7) regarding consultation with legal counsel
employed and retained by this public body regarding specific legal matters
requiring the provision of legal advice by such counsel relating to probable
litigation related to the Isle of Wight Volunteer Rescue Squad construction
project; pursuant to Section 2.2-3711(A)(7) regarding consultation with legal
counsel employed and retained by this public body regarding specific legal
matters requiring the provision of legal advice by such counsel regarding a
proposed Memorandum of Understandings with the Constitutional Officers
with Isle of Wight County; pursuant to Section 2.2-3711(A)(1) relating to
discussion of a salary of a specific public appointee; and, pursuant to Section
2.2-3711(A)(1) regarding the discussion of a resignation of a specific public
appointee.
Supervisor Jefferson moved that the Board enter the closed meeting for the
reasons stated by the County Attorney. The motion was adopted by a vote of
(5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting
in favor of the motion and no Supervisors voting against the motion.
Supervisor Darden moved that the Board return to open meeting. The motion
was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson,
Casteen and Bailey voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Jefferson moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on this
date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-37I2(D) of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: AIphin, Darden, Jefferson, Casteen and Bailey
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
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At 6:00 p.m., Supervisor Casteen delivered the invocation and led the PIedge
of Allegiance to the Flag.
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APPROVAL OF AGENDA
Supervisor Casteen moved that the agenda be approved with Item (D),
Gatling Pointe Waterline, under Public Hearings being moved to Item (A)
under Public Hearings. The motion was adopted by a vote of (5-0) with
Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
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CONSENT AGENDA
Following Chairman Alphin's declaration that he is involved in agriculture,
but intends to vote on the Consent Agenda which includes a Resolution to
Request that the Governor Declare Isle of Wight County an Agricultural
Disaster Area, Supervisor Casteen moved that the following Consent Agenda
be adopted:
A. Authorization for County Administrator to Sign Fair Entertainment
Contracts for FY2017
B. Resolution to Accept and Appropriate Technology Trust Funds from
the Commonwealth of Virginia
C. Resolution to Accept and Appropriate a Virginia Litter Prevention &
Recycling Grant from the Virginia Department of Environmental
Quality
D. Resolution to Accept and Appropriate Funding from VACoRP Risk
Management for Repairs to a Sheriff's Office Vehicle
E. Founder's Pointe Phase Three Preliminary Plat
F. Resolution to Request that the Governor Declare Isle of Wight County
an Agricultural Disaster Area
G. October 15, 2015 Regular Meeting Minutes
The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden,
Jefferson, Casteen and Bailey voting in favor of the motion and no
Supervisors voting against the motion.
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REGIONAL REPORTS
Chairman Alphin reported on the stormwater and State budget workshops he
had attended at the recent VACo Annual Conference advising that with
respect to stormwater, because the County is located in the MS4 District, it
has certain challenges not faced by other counties. He further advised that he
learned from attending the State budget workshop that additional funds will
be forthcoming from non -withholding taxes
Supervisor Jefferson reported on the body camera and Line of Duty Act
workshops that he had attended and the costs associated with those programs.
He stressed the importance of attracting young people to the County.
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Chairman Alphin reported on discussion at the Hampton Roads Technical
Assistance Committee meeting regarding a lack of funding for the nine
projects selected for the Hampton Roads area and the challenge associated
with getting the Mayors of Hampton Roads to agree on what projects should
be funded. He advised that legislation allowing County Chairs to be
substituted by another Board member was adopted.
Supervisor Darden reported on the VDOT regional transportation meeting
sponsored by the Secretary of Transportation for projects contained in the
VDOT Six -Year Plan of which the County has two projects (Bartlett
intersection and improvements to Nike Park Road). She advised that because
the environmental studies on Route 460 are not available yet, the
Commonwealth Transportation Board will not be submitting an application
for funding for that project this year.
APPOINTMENTS
There were no appointments offered for consideration by the Board.
SPECIAL PRESENTATION/APPEARANCE
Crystal Bekaert, Cherry Bekaert, LLP, reported on the audit report in
connection with the annual audit of the County's financial statements.
Joe Lomax, VDOT Franklin Residency Administrator, presented
maintenance updates on County roadways, to include paving, mowing and
ditch maintenance.
CITIZENS' COMMENTS
Cloressa Stron, ENROLL, Virginia advised that open enrollment is underway
for the uninsured under the Affordable Care Act.
Dick Grice of Smithfield made reference to the proposed organizational chart
changes contained in the Board's agenda and requested that the Board ask for
justification with respect to financial information and clarity on departmental
duties before approving the organizational changes with respect to the
splitting of the General Services' Director's position into two Directors.
Herb DeGroft of Mill Swamp Road reported on the State of the Economy of
the Region conference attended by him and the County's Director of
Economic Development.
Fred Mitchell, Newport District, spoke of the importance of the Board
listening to County citizens. He made reference to the election results and
asked the current Board not to use the remaining time in office for personal
agendas.
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PUBLIC HEARINGS
Chairman Alphin called for a public hearing on the following:
A. Gatling Pointe Waterline
Donald Jennings, County Engineer, utilizing a PowerPoint presentation,
briefed the Board regarding the route selection; reason for construction;
project background; pertinent points for consideration; dangers associated
with "doing nothing"; and, staff's recommendation.
County Attorney Popovich provided his opinion that if there was an
annexation issue between the Town of Smithfield and the County and the
Town of Smithfield and the County sought to enter into an Annexation
Agreement, the Commission on Local Government, which reviews the
proposed Agreement and the proposed solution to the annexation dispute and
provides its recommendation to the annexation court which signs off on the
final settlement agreement and the report from the Commission on Local
Government carries an extreme amount of weight and if the Town and
County submitted a proposed agreement that did not incorporate Gatling
Pointe, he did not believe based on the language from the original report that
the Commission on Local Government would be supportive of the
annexation agreement without including Gatling Pointe.
Chairman Alphin called for persons to speak in favor of or in opposition to
the proposed Ordinance.
Rick GillerIain from the Newport District recommended that action be denied
or tabled until the arrival of the new Board members.
Victoria Hewlett of Smithfield commented that the County does not need to
spend funds on the proposed waterline which is an unnecessary project. She
commented that there are too many unknowns at this time, in addition to its
being located outside the Development Service District. She recommended
that the waterline be denied.
Fred Mitchell of the Newport District commented that the proposed waterline
is a bad investment at this time and that the County is trying to take care of
the Town of Smithfield's business.
Dick Grice of Smithfield, representing the three Supervisor Elects, relayed
their sentiment that the unanimous denial by the Planning Commission along
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with the three suggestions be given full consideration by the Board. He
advised that the Supervisor Elects are against incurring any additional
expenditure or any action being taken of any kind for this project at this time
and that the Board defer action on this matter until the January 2016 meeting.
Sharon Hart of Carrollton addressed the cost and recouping of some of the
investment for the proposed Gatling Pointe waterline. She commented that
there is no imminent groundwater withdrawal problem for the County and no
need to abandon usage of the system at this time to supply Gatling Pointe
water causing the Town of Windsor to push forward on annexation. She
recommended that a waterline be run to the Windsor Industrial Park and that
funds be devoted to the Economic Development Department to accomplish
that goal. She further recommended that the Board accept the Planning
Commission's recommendation and revisit this project at a more appropriate
time. She recommended that the Board encourage development in the
currently approved zoned properties in the Northern Development District
which have not gone forward to date; that the Board deny approval of the
Gatling Pointe waterline; and, she inquired why the Board has not asked to
renegotiate the Western Tidewater Water Authority Water Agreement to
make it more palatable for the County.
Andrew Gregory, Vice -Chairman, Town of Smithfield, recommended that
the County work in conjunction with the Town of Smithfield in an effort to
find common solutions to shared problems that will serve all constituents
equally.
Herb DeGroft of Mill Swamp Road commented that the waterline is not in
concert with the Comprehensive Plan and he recommended that the issue be
tabled until the arrival of the new Board members. He encouraged the
Board's members who serve on the Western Tidewater Water Authority to
solicit negotiations with that Board for a lower price on the front end and a
higher price on the end of this deal.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Following discussion by the Board regarding the benefits of the waterline
and the need for a long-term strategy to resolve the $4-6 million deficit being
experienced annually by the County from existing its water systems,
Supervisor Bailey moved that the matter be postponed until the Board's
January 2016 meeting upon arrival of the new Board members. The motion
was adopted by a vote of (3-2) with Supervisors Alphin, Bailey and Casteen
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voting in favor of the motion and Supervisors Jefferson and Darden voting
against the motion.
The Board took a five-minute break.
Chairman Alphin called for a public hearing on the following:
B. Ordinance to Amend and Reenact the Isle of Wight County Code to
Comply with State Recommendations and New Minimum Standards of
the National Flood Insurance Program
Kim Hummel, Planner, briefed the Board regarding the proposed
amendments, the benefit to the community, the Planning Commission's
recommendation of approval by a vote of (8-0); and, staff's recommendation
of approval as presented.
Chairman Alphin called for citizens to speak in favor of or in opposition to
the proposed ordinance.
No one appeared and spoke.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Supervisor Darden moved that the following Ordinance be adopted as
presented:
An Ordinance to Amend and Reenact the Isle of Wight County Code by
Amending and Reenacting the Following Articles of Appendix B-1, Zoning
Ordinance: Article 2, Definitions, and Article 6, Section 6-4000, Floodplain
Management Overlay District, in order to make revisions to comply with
state recommendations and new minimum standards of the National Flood
Insurance Program
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has
the legislative authority to make reasonable changes to the ordinances that
govern floodplain management in Isle of Wight County; and
WHEREAS, the state floodplain management office has recommended
certain wording and definition updates to comply with the most recent
minimum standards governing participation in the National Flood Insurance
Program (NFIP); and
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WHEREAS, appropriate local floodplain management is necessary for the
protection of the health, safety and general welfare of Isle of Wight County
citizens; and
WHEREAS, the Isle of Wight County Board of Supervisors needs to update
the local floodplain management ordinance so Isle of Wight County may
continue to participate in the NFIP;
NOW, THEREFORE BE IT ORDAINED, by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Article 2, Definitions, and
Article 6, Section 6-4000, Floodplain Management Overlay District,
requirements of the Isle of Wight County Code be amended and reenacted as
follows:
Article II. - Interpretations and Basic Definitions.
Sec. 2-1000. - Purpose.
It is the purpose of this article to define words, terms, and phrases contained
within this ordinance. (7-7-05.)
Sec. 2-1001. - Word usage.
Unless otherwise specifically provided, or unless clearly required by the
context, the words and phrases defined in this section shall have the meaning
indicated when used in this ordinance. To amplify and clarify all provisions
of this ordinance, the following rules shall apply:
A. Words used in the present tense shall include the future tense; words
used in the singular number shall include the plural number, and the
plural number shall include the singular number, unless the obvious
construction of the wording indicates otherwise.
B. The word "shall" is mandatory and not discretionary.
C. The word "may" is permissive.
D. The word "lot" shall include the words "piece," "tract", "parcel" and
"plots;" the word "building" includes all other structures of every kind
regardless of similarity to buildings; and the phrase "used for' shall
include the phrase "arranged for" and "occupied for."
E. All "measured distances" shall be rounded to the nearest "integral foot."
F. The word "person" includes individuals, firms, corporations,
associations, trusts, and any other similar entities.
G. The word "county" shall mean Isle of Wight County, Virginia.
H. The words "recorder' and "recorder of deeds" shall mean the Isle of
Wight County Clerk of the Circuit Court.
I. In case of any difference of meaning or implication between the text of
this ordinance and any caption, illustration, or table, the text shall
control.
J. The masculine gender shall include the feminine, and the feminine
gender shall include the masculine.
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In instances where a word is not defined in this chapter, the zoning
administrator has the authority to interpret its meaning. In such cases the
zoning administrator shall refer to the latest edition of Webster Collegiate
Dictionary for the definition. Words currently defined in this chapter shall
not be disputed. (7-7-05.)
Sec. 2-1002. - Definitions.
When used in this ordinance the following terms shall have a meaning as
ascribed herein:
Abutting.\ Having a common border with, or being separated from such
common border by right-of-way, alley or easement.
Access, pedestrian.\ The right to cross between public and private property,
allowing pedestrians to enter and leave property.
Access, vehicular.\ A means of vehicular approach or entry to or exit from
property, from a street or highway.
Accessory building.\ A subordinate building customarily incidental to and
located upon the same lot occupied by the main building. When an accessory
building is attached to the principal building in a substantial manner, as by a
wall or roof, such accessory building shall be considered a part of the
principal building.
Accessory use.\ A use customarily incidental and subordinate to, and on the
same lot as a principal use.
Administrator.\ See "zoning administrator."
Alley.\ A right-of-way that provides secondary service access for vehicles to
the side or rear of abutting properties.
Alteration.\ Any change or rearrangement of supporting members of an
existing building, such as bearing walls, columns, beams, girders or interior
partitions, as well as any change in doors or windows or any enlargement to
or diminution of a building or structure, whether horizontally or vertically, or
moving of a building or structure from one (1) location to another.
Alternate discharge sewage system.\ Any device or system which results in a
point source surface discharge of treated sewage with flows less than or equal
to one thousand (1,000) gallons per day on a yearly average. These systems
are regulated by the Virginia Department of Health and under a general
Virginia Pollution Discharge Elimination System (VPDES) permit issued by
the Virginia Department of Environmental Quality (DEQ).
Amend\ or amendment. Any repeal, modification or addition to a regulation;
any new regulation: any change in the number, shape, boundary or area of a
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zone or zoning district; or any repeal or abolition of any map, part thereof or
addition thereto.
Amenity space.\ Space devoted to such uses as uncovered open space for
public enjoyment consisting of such things as, but not limited to: green areas,
gardens, malls, plazas, walks, pathways, promenades, arcades, lawns,
fountains, decorative plantings, passive or active recreational areas. Such
space shall not include parking or maneuvering areas for vehicles. Area
devoted to this purpose shall be easily and readily accessible to the public or
residents of the development. In areas where pedestrian walkways are shown
on an approved and adopted master plan such area within the percentage
required for amenity space as is necessary shall be devoted to the provision
of pedestrian walkways or paths for general public use.
Anchor store.\ A store that acts as the major retailer and brings in the
majority of business within a shopping center, mall or similar commercial
complex.
Antenna.\ A device in which the surface is used to capture an incoming
and/or transmit an outgoing radio-frequency signal. Antennas shall include
the following types:
1. Omnidirectional (or "whip") antenna...... An antenna that receives and
transmits signals in a 360 -degree pattern.
2. Directional (or "panel") antenna. ..... An antenna that receives and
transmits signals in a directional pattern typically encompassing an arc
of one hundred twenty (120) degrees.
3. Dish (or parabolic) antenna...... A bowl shaped device, less than two
(2) meters in diameter, that receives and transmits signals in a specific
directional pattern.
Arcade.\ A covered passage having an arched roof.
Attic.\ The area between roof framing and the ceiling of the rooms below that
is not habitable, but may used for storage or mechanical equipment.
Improvement to habitable status shall make it a story.
Automobile.\ See "motor vehicle."
Automobile wrecking yard.\ Automobile wrecking yard shall mean any lot or
place which is exposed to the weather and upon which more than two (2)
vehicles of any kind that are incapable of being operated and which it would
not be economically practical to make operative, are placed, located or found
for a period exceeding thirty (30) days. The movement or rearrangement of
such vehicles within an existing lot or facility shall not render this definition
inapplicable. (See also scrap and salvage services in section 3-700.)
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Base density.\ The maximum number of dwelling units permitted outright by
a particular land -use classification.
Base flood\ The flood having a one (1) percent chance of being equaled or
exceeded in any given year.
Base flood elevation.\ The Federal Emergency Management Agency
designated one percent annual chance water surface elevation. The water
surface elevation of the base flood in relation to the datum specified on the
community's flood insurance rate map. For the purposes of this ordinance, the
base flood is one hundred -year flood or one (1) percent annual chance flood.
Basement.\ That portion of a building that is partly or completely below
grade. A basement shall be counted as a story if its ceiling is over six (6) feet
above the average level of the finished ground surface adjoining the exterior
walls of such story, or if it is used for business or dwelling purposes. For the
purposes of floodplain management, any area of the building having its floor
subgrade (below ground level) on all sides.
BiIlboard.\ See "sign, billboard."
Block.\ That property abutting one (1) side of a street and lying between the
two (2) nearest intersecting streets or the nearest intersecting street and
railroad right-of-way, river, or between any of the foregoing and any other
manmade or natural barrier to the continuity of development.
Board of supervisors.\ Governing body of Isle of Wight County. Also
referred to as the board.
Board of zoning appeals.\ The board appointed to review appeals made by
individuals with regard to decisions of the zoning administrator in the
interpretation of this ordinance. The board of zoning appeals is also
authorized to grant variances from provisions of the zoning ordinance in
particular circumstances.
Breezeway.\ A structure for the principal purpose of connecting the main
building or buildings on a property with other main buildings or accessory
buildings.
Buffer\ or bufferyard. A natural open space or landscaped area intended to
separate and protect adjacent or contiguous uses or properties, including land
uses abutting highly traveled highway corridors, from noise, lights, glare,
pollutants or other potential nuisances.
Building.\ A structure with a roof designed to be used as a place of
occupancy, storage, or shelter.
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Building, floor area.\ The total number of square feet area in a building,
excluding uncovered steps, and uncovered porches, but including the
basement and the total floor area of accessory buildings on the same lot.
Building, height.\ The height of a building is the mean vertical distance from
the average established grade in front of the lot or from the average natural
grade at the building line, if higher, measured to the following: to the roof
line, to the average height of the top of the cornice of flat roofs, to the deck
line of a mansard roof, to the middle height of the highest gable or dormer in
a pitched or hipped roof, except that, if a building is located on a terrace, the
height above the street grade may be increased by the height of the terrace.
On a comer lot, the height is the mean vertical distance from the average
natural grade at the building line, if higher, on the street of greatest width, or
if two (2) or more such streets are of the same width, from the highest of such
grades.
Building line.\ A line parallel to the front property line of a yard beyond
which the foundation wall and/or any enclosed porch, vestibule, or other
enclosed portion of a building shall not project, except as provided in
subsection 5-2000.1), supplementary density and dimensional requirements.
Building, main.\ See "principal building or structure."
Building official, superintendent of building inspections.\ The person
designated as the official responsible for enforcing and administering all
requirements of the Uniform Statewide Building Code in Isle of Wight
County, Virginia.
Bulk regulations.\ Controls that establish the maximum size of buildings and
structures on a lot or parcel and the buildable area within which the structure
may be placed, including lot coverage, height, setbacks, density, floor area
ratio, open space ratio, and landscape ratio.
Caliper.\ A measurement, in diameter, of plant material size. All plant
material requiring a caliper measurement shall be measured using diameter at
breast height (DBH), which is defined as four and one-half (41/2) feet above
the ground on the uphill side of the tree or plant.
Camping site.\ Any plot of ground within a campground used or intended for
occupation by the camping unit.
Camping unit.\ A tent, tent trailer, camping trailer, pickup camper, motor
home, recreational vehicle or any other commonly used temporary shelter
device used as temporary living quarters or shelter during periods of
recreation, vacation, leisure time or travel. To qualify as a camping unit,
vehicular and mobile units shall be eligible to be currently licensed and
registered by a governmental body and shall be legal to travel on Virginia
highways without special permits for size, weight or other reasons.
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Canopy.\ A roof -like structure of a permanent nature which may be
freestanding or project from a wall of a building or its supports.
Canopy coverage.\ The percent of a fixed land area covered by the crown of
an individual plant exceeding five (5) feet in height and measured fifteen (15)
years from the date of installation. Or the percent of a fixed land area covered
by the outermost limits of the crown of a cluster of plants exceeding five (5)
feet in height, which create one (1) continuous area of coverage, measured
fifteen (15) years from the date of installation.
Carport.\ A permanent roofed structure not more than seventy-five (75)
percent enclosed by walls and attached to the main building for the purpose
of providing shelter for one (1) or more motor vehicles.
Cellar.\ See "basement."
Certificate of occupancy.\ A document issued by the building official
allowing the occupancy or use of a structure and certifying that the structure
and/or site has been constructed and is to be used in compliance with all
applicable plans, codes and ordinances.
Channel.\ A natural or artificial watercourse with a definite bed and banks to
confine and conduct continuously or periodically flowing water.
Child.\ Any natural person under eighteen (18) years of age.
Chord.\ A line segment joining any two (2) points of a circle.
Circulation area.\ That portion of the vehicle accommodation area used for
access to parking or loading areas or other facilities on the lot. Essentially,
driveways and other maneuvering areas (other than parking aisles) comprise
the circulation area.
Co -location.\ The use of a single location structure and/or site by more than
one (1) wireless communications service provider.
Coastal A Zone.\ Flood hazard areas that have been delineated as subject to
wave heights between one and one-half (1.5) feet and three (3) feet and
identified on the flood insurance rate maps (FIRMs) as areas of limits of
moderate wave action (LiMWA).
Coastal high hazard area (CHHA).\ The portion of a coastal floodplain
having special flood hazards that is subject to high velocity waters, including
hurricane wave wash. The area is designated on the flood insurance rate map
(FIRM) as zone VI -30, VE or V (V -zones).
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Combination use.\ A use consisting of a combination of one (1) or more lots
and two (2) or more principal uses separately listed in the district regulations.
Commercial vehicle.\ A vehicle designed to have more than two (2) rear
wheels on a single axle. This shall not apply to pickup body type trucks,
passenger van type vehicles, or to vehicles essential for an agricultural use
associated with the premises.
Community impact statement.\ A document required by the county which
outlines the impact a proposed development will have on environmental and
cultural resources, and county services, including, but not limited to, schools,
fire and rescue, and public utilities.
Conditional use.\ A conditional use is a use that, because of special
requirements or characteristics, may be allowed in a particular zoning district
only after review and recommendation by the planning commission and the
granting of conditional use approval by the board of supervisors imposing
such conditions as necessary to make the use compatible with other uses
permitted in the same zone or vicinity.
Deck.\ A structure, without a roof or walls, directly adjacent to a principal
building, which has an average elevation of thirty (30) inches or greater from
finished grade.
Development.\ Any manmade change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, the placement of
manufactured homes, streets, and other paving, utilities, filling, grading,
excavation, mining, dredging, drilling operations, or storage of equipment or
materials.
Display lot.\ An outdoor area where active nighttime sales activity occurs and
where accurate color perception of merchandise by customers is required. To
qualify as a display lot, one (1) of the following specific uses must occur:
motor vehicle sales, boat sales, recreational vehicle sales, gardening or
nursery sales. Any other use must be approved as display lot uses by the
zoning administrator.
Dripline.\ A vertical projection to the ground surface from the furthest lateral
extent of a tree's leaf canopy.
Driveway.\ A roadway providing access for vehicles to a parking space,
garage, dwelling, or other structure. A driveway serves only one (1) or two
(2) lots.
Dwelling.\ A building, or portion thereof, designed or used exclusively for
residential occupancy, including single-family dwellings, two-family
dwellings, and multifamily dwellings, but do not include, hotels, motels,
boarding and rooming houses, bed and breakfast establishments, and the like.
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Dwelling unit.\ One (1) or more rooms physically arranged so as to create an
independent housekeeping establishment for occupancy by one (1) family
with toilets and facilities for cooking and sleeping separate from any other
dwelling unit.
Earthcraft certified construction.\ An environmentally friendly, residential
building program developed by the Southface Energy Institute which requires
certified builders to meet guidelines for energy efficiency, water
conservation, and other environmental practices on single-family and
multifamily unit construction. Similar to the LEED certification program, but
focused specifically on residential development.
Earth tone.\ A color scheme that draws from a color palette of browns, tans,
grays, greens, and some reds. The colors in an earth tone scheme are muted
and flat in an emulation of the natural colors found in dirt, moss, trees, and
rocks. Many earth tones originate from clay earth pigments, such as umber,
ochre, and sienna. Colors such as orange and blue are not considered earth
tones because they are not found naturally on pieces of land even though they
can be found within nature.
Elevation.\ A vertical distance above or below a fixed reference point.
Environmental assessment.\ An analysis of the beneficial or detrimental
effects of a development on the natural resources and characteristics of the
property, including resources such as, but not limited to, wetlands, flora and
fauna, and other ecosystems.
Equipment enclosure.\ A small building, cabinet, or vault used to house and
protect electronic or mechanical equipment. Associated equipment may
include, but is not limited to, air conditioners and emergency generators.
Expansion to an existing manufactured home park or subdivision.\ For the
purposes of floodplain management means the preparation of additional sites
by the construction of facilities for servicing the lots on which the
manufacturing homes are to be affixed (including the installation of utilities,
the construction of streets, and either final site grading or the pouring of
concrete pads).
Facade.\ That portion of any exterior elevation of the building extending
from grade to top of the parapet, wall, or eaves and the entire width of the
building elevation.
Family.\ An individual, or two (2) or more persons related by blood, marriage
or adoption, or a group of not more than four (4) unrelated persons,
occupying a single-family dwelling.
Flood.\ A general and temporary condition of partial or complete inundation
of normally dry land areas from:
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1. The overflow of inland or tidal waters;
2. The unusual and rapid accumulation or runoff of surface waters from
any source;
3. Mudslides (i.e., mudflows) which are proximately caused by flooding
and are akin to a river of liquid and flowing mud on the surfaces of normally
dry land areas, as when earth is carried by a current of water and deposited
along the path of the current.
A flood may be further defined as the collapse or subsidence of land along
the shore of a lake or other body of water as a result of erosion or
undermining caused by waves or currents of water exceeding anticipated
cyclical levels or suddenly caused by an unusually high water level in a
natural body of water accompanied by a severe storm, or by an unanticipated
force of nature, such as a flash flood or by some similarly unusual and
unforeseeable event which results in flooding.
Flood hazard zone.\ The delineation of special flood hazard areas into
insurance risk and rate classifications on the flood insurance rate map
(FIRM) published by the Federal Emergency Management Agency (FEMA)
and which include the following zones and criteria:
1. Zone A:..... On the FIRMs accompanying the Flood Insurance Study
(FIS) shall be those areas for which no detailed flood profiles or elevations
are provided, but the one -percent annual chance floodplain boundary has
been approximated. (11-19-15)
2. Zone AE:..... On the FIRMs accompanying the FIS shall be those areas
for which one -percent annual chance flood elevations have been provided
and the floodway has not been delineated. (11-19-15)
3. Zone VE or Zone V:..... On the FIRMS accompanying the FIS shall be
those areas that are known as Coastal High Hazard areas, extending from
offshore to the inland limit of a primary frontal dune along an open coast or
other areas subject to high velocity waves. (11-19-15)
4. Zone X: ..... Areas located above the 100 -year flood boundary and
having moderate or minimal flood hazards.
5. FIoodway District:.... Is in an AE Zone and is delineated, for purposes
of this ordinance, using the criterion that certain areas within the floodplain
must be capable of carrying waters of the one- percent annual chance flood
without increasing the water surface elevation of that flood more than one (1)
foot at any point. The areas included in this District are specifically defined
in Table 4 of the FIS and shown on the accompanying FIRM. (11-19-15)
6. Coastal A Zone:.... Is labelled as AE on the FIRMs and is those areas
that are seaward of the limit of moderate wave action (LiMWA) line. As
defined by the Virginia Uniform Statewide Building Code, these areas are
subject to wave heights between 1.5 feet and 3 feet. (11-19-15)
Flood insurance rate map (FIRM).\ An official map of a community, on
which the Federal Emergency Management Agency has delineated both the
special hazard areas and the risk premium zones applicable to the community.
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A FIRM that has been made available digitally is called a digital flood
insurance rate map (DFIRM).
Flood insurance study.\ An examination, evaluation and determination of
flood hazards and, if appropriate, corresponding water surface elevations,
mudslide hazards and/or flood -related erosion hazards.
Floodplain.\ A relatively flat or low land area adjoining a river, stream or
watercourse which is subject to partial or complete inundation; an area
subject to the unusual and rapid accumulation or runoff of surface water from
any source.
Floodprone area.\ Any land area susceptible to being inundated by water
from any source (see definition of flooding).
Floodproofing.\ Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood damage
to real estate or improved real property, water, sanitary facilities, structures
and their contents.
Floodway.\ The channel of a river or other watercourse and the adjacent land
areas required to carry and discharge the 100 -year flood without increasing
the water surface elevation of that flood more than one (1) foot at any point.
Floor area.\ The square feet of floor space within the outside lines of walls,
including the total of all space on all floors of a building. Floor area shall not
include porches, garages, or unfinished space in a basement or attic.
Floor area ratio (FAR).\ The total floor area of all buildings or structures on a
lot divided by the net developable area of the lot.
Footcandle.\ A unit of measure for illuminance. A unit of illuminance on a
surface that is everywhere one (1) foot from a uniform point source of light
of one (1) candle and equal to one (1) lumen per square foot.
Freeboard.\ A factor of safety usually expressed in feet above a flood level
for purposes of floodplain management. "Freeboard" tends to compensate for
the many unknown factors that could contribute to flood heights greater than
the height calculated for a selected size flood and floodway conditions, such
as wave action, bridge openings, and the hydrological effect of urbanization
in the watershed. When a freeboard is included in the height of a structure,
the flood insurance premiums may be less expensive.
Frontage.\ The linear measurement in feet of the front property line abutting a
street.
Functionally dependent use.\ A use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The
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term includes only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and ship
repair facilities, but does not include long-term storage or related
manufacturing facilities.
Garage, private.\ An accessory building which is designed or used for the
storage of vehicles owned and used by the occupants of the building to which
it is accessory and which is not operated as a separate commercial enterprise.
Gazebo.\ A detached, covered freestanding, open-air or screened accessory
structure designed for recreational use only and not for habitation.
Glare.\ The sensation produced by a bright source within the visual field that
is sufficiently brighter than the level to which the eyes are adapted to cause
annoyance, discomfort, or loss in visual performance and visibility; blinding
light.
Green roof.\ The roof of a building which is partially or completely covered
with vegetation and soil or other growing medium planted over a waterproof
membrane.
Habitable floor.\ Any floor usable for living purposes, which includes
working, sleeping, eating, cooking, or recreation, or any combination thereof.
A floor used only for storage is not a habitable floor.
Highest adjacent grade.\ For the purposes of floodplain management, the
highest natural elevation of the ground surface prior to construction next to
the proposed walls of a structure;
Historic landmark/area/structure.\ Any structure that is:
1. Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined
by the Secretary of the Interior as meeting the requirements for
individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district
or a district preliminarily determined by the Secretary to qualify as a
registered historic district;
3. Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the
Secretary of the Interior; or
4. Individually listed on a local inventory of historic places in
communities with historic preservation programs that have been listed
in the county's comprehensive plan or certified:
a. By an approved state program as determined by the Secretary of
the Interior; or
b. Directly by the Secretary of the Interior in states without
approved programs.
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Home garden.\ An accessory use in a residential district for the production of
vegetables, fruits and flowers generally for use or consumption, or both, by
the occupants of the premises.
Impervious surface.\ A surface composed of any material that significantly
impedes or prevents natural infiltration of water into the soil. Impervious
surfaces may include, but are not limited to; buildings, roofs, streets, parking
areas, and any concrete, asphalt, or compacted gravel surface.
Intelligent siting.\ The practice of building placement which gives high
consideration to environmental aspects such as solar orientation, seasonal
shading, prevailing winds, etc., in order to allow for increased energy
efficiency.
Junkyard.\ Junkyard shall mean any establishment or place of business which
is maintained, operated, or used for storing, keeping, buying, or selling junk,
or for the maintenance or operation of an automobile wrecking yard. For
purposes of this definition, "junk" shall mean old or scrap copper, brass,
rope, rags, batteries, paper, trash, rubber, debris, waste, or junked,
dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other
old or scrap ferrous or nonferrous material. (See also "scrap and salvage
services" in section 3-700.)
Kiosk.\ A freestanding structure upon which temporary information and/or
posters, notices, and announcements are posted. Commercial transactions do
not take place here.
Landscape.\ An expanse of natural scenery or the addition or preservation of
lawns supplemented by, shrubs, trees, plants or other natural and decorative
features to land.
Landscape surface ratio (LSR).\ A measure, expressed as a percentage, of the
area to be landscaped on a site determined by dividing the landscaped area of
the site by the total project area.
LEED certified.\ Leadership in energy and environmental design (LEED)
certification program administered by the U.S. Green Building Council,
which requires designers to meet guidelines for energy efficiency, water
conservation, and other environmental practices.
Light trespass.\ Light from an artificial light source that is intruding onto
adjacent properties and is a nuisance.
Livestock.\ Swine, sheep, cattle, poultry or other animals or fowl which are
being produced primarily for food, fiber, or food products for human
consumption.
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Loading and unloading area.\ The area on a lot designated for bulk pickup
and deliveries of merchandise and materials directly related to the use on said
lot.
Lot.\ A parcel of land intended to be separately owned, developed, or
otherwise used as a unit, established by plat, subdivision or as otherwise
permitted by law.
Lot, corner.\ A lot abutting on two (2) or more streets at their intersection.
Lot, depth of.\ The shortest horizontal distance between the front and rear lot
lines.
Lot, double frontage.\ An interior lot having frontage on two (2) streets.
Lot, flag.\ A lot not fronting on or abutting a public roadway or having
limited frontage necessary for access and where access to the public roadway
is essentially limited to a narrow private right-of-way.
Lot, interior.\ A lot other than a comer lot.
Lot, through.\ A lot having its front and rear yards each abutting on a street.
Lot area.\ The total horizontal area in square feet within the lot lines of a lot
excluding designated future public rights-of-way.
Lot coverage.\ A measure of intensity of land use that represents the portion
of a site that is impervious (i.e., does not absorb water). This portion
includes, but is not limited to, all areas covered by buildings, parked
structures, driveways, roads, sidewalks, and any area of concrete or asphalt.
Lot line.\ A line dividing one (1) lot from another lot or from a street or alley.
Lot line, front.\ On an interior lot, the lot line abutting a street or right-of-
way; or, on a comer lot, the shorter lot line abutting a street or right-of-way;
or, on a through lot, the lot line abutting the street or right-of-way providing
the primary access to the lot.
Lot line, rear.\ The lot line located opposite the front line.
Lot line, side.\ Any boundary of a lot, which is not a front lot line or a rear lot
line.
Lot of record.\ A lot which has been legally recorded in the clerk's office of
the Circuit Court of Isle of Wight County.
Lot width.\ The horizontal distance between the side lot lines, measured at
the required front setback line.
M,
Low impact development (LID).\ A site design approach to managing
stormwater runoff which emphasizes conservation and use of on-site natural
features to protect water quality. This approach implements small-scale
hydrologic controls to replicate the pre -development hydrologic patterns of
watersheds through infiltrating, filtering, storing, evaporating, and detaining
runoff close to its source.
Lowest floor.\ For the purpose of floodplain management, the lowest floor of
the lowest enclosed area (including basement). An unfinished or flood -
resistant enclosure, useable solely for parking of vehicles, building access or
storage in an area other than a basement area is not considered a building's
lowest floor; provided, that such enclosure is not built so as to render the
structure in violation of the applicable non -elevation design requirements of
Federal Code 44CFR § 60.3.
Luminary.\ A lighting fixture assembly or source of artificial illumination
including, but not limited to, bulbs, lamps, reflectors, refractors, and housing
associated with them.
Manufactured home.\ A structure constructed to federal standards,
transportable in one (1) or more sections, which, in the traveling mode, is
eight (8) feet or more in width and is forty (40) feet or more in length, or
when erected on site, is three hundred twenty (320) or more square feet, and
which is built on a permanent chassis and designed to be used as a dwelling
with or without a permanent foundation when connected to the required
utilities, and includes the plumbing, heating, air conditioning, and electrical
systems contained therein.
Manufactured home park, existing.\ A parcel of land divided into two (2) or
more manufactured home lots for rent or sale existing prior to 08/19/1991.
Manufactured home park or subdivision, new.\ A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads) is completed on or after 08/19/1991.
Mean sea level.\ National Geodetic Vertical Datum (NGVD) of 1929, to
which all elevations on the FIRM (flood insurance rate map) and within the
flood insurance study are referenced.
Mixed-use structure.\ A building or other structure containing a combination
of two (2) or more different principal uses.
Motor vehicle.\ Any self-propelled vehicle designed primarily for
transportation of persons of goods along public streets or alleys, or other
public ways.
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Net developable area.\ The land deemed suitable for development within a
given area or parcel. It is calculated by subtracting the sensitive
environmental areas within the area or parcel that should be protected from
development and the estimated right-of-way requirements and existing
regional transmission line easements and rights-of-way from the total gross
area. The result is the net developable area, which provides a realistic
measure of land holding capacity for an area or parcel in the county. Refer to
section 5-4000, net developable area, for additional information on net
developable area.
New construction.\ For the purposes of determining insurance rates,
structures for which the "start of construction" commenced on or after the
effective date of an initial FIRM (flood insurance rate map), 08/19/91, and
includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which the
"start of construction" commenced on or after the effective date of a
floodplain management regulation adopted by a community and includes any
subsequent improvements to such structures.
Nonconforming activity or use.\ The otherwise legal use of a building or
structure or of a tract of land that does not conform to the use regulations of
this ordinance for the district in which it is located, either at the effective date
of this ordinance or as a result of subsequent amendments to the ordinance.
Nonconforming building or structure.\ An otherwise legal building or
structure that does not conform with the yard, height, maximum density or
other bulk regulations, or is designed or intended for a use that does not
conform to the use regulations, of this ordinance for the district in which it is
located, either at the effective date of this ordinance or as result of subsequent
amendments.
Nonconforming lot.\ An otherwise legally platted lot that does not conform to
the minimum area or width requirements for the district in which it is located
either at the effective date of this ordinance or as a result of subsequent
amendments to this ordinance.
Nonconforming site.\ An otherwise legal site for which existing
improvements do not conform to the lot coverage, bufferyard, landscaping,
parking and other site requirements set forth in the zoning or special overlay
district in which it is located either at the effective date of this ordinance or as
a result of subsequent amendments to this ordinance.
Office park.\ A large tract of land that has been planned, developed, and
operated as an integrated facility for a number of separate office buildings
and supporting ancillary uses with special attention given to circulation,
parking, utility needs, aesthetics, and compatibility.
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Official zoning map.\ The map or maps, together with all subsequent
amendments thereto, which are adopted by reference as a part of this
ordinance and which delineate the zoning district boundaries.
Open space.\ An area that is intended to provide light and air, and is
designed, depending upon the particular situation, for environmental, scenic
or recreational purposes. Open space may include, but need not be limited to,
lawns, decorative plantings, walkways, active and passive recreation areas,
playgrounds, fountains, swimming pools, wooded areas, and watercourses.
Open space shall not be deemed to include structures, driveways, parking lots
or other surfaces designed or intended for vehicular traffic.
Open space, common.\ Open space that is accessible to all occupants of a
particular development and is not restricted to use by occupants of an
individual Iot or structure.
Open space ratio (OSR).\ A measure, expressed as a percentage, of site open
space determined by dividing the gross open space area of a lot, parcel or
tract of land by the total area of that lot, parcel or tract of land.
Parking area aisle.\ That portion of the parking area consisting of lanes
providing access to parking spaces.
Parking area, lot or structure.\ An off-street area for parking or loading and
unloading, whether required or permitted by this ordinance, including
driveways, access ways, aisles, and maneuvering areas, but not including any
public or private street right-of-way.
Parking space.\ A portion of the parking area set aside for the parking of one
(1) vehicle.
Patio.\ A level surfaced area, directly adjacent to a principal building, without
walls or a roof intended for outdoor lounging, dining, and the like, which has
an average elevation of less than thirty (30) inches from finished grade.
Permeable materials.\ A variety of product alternatives to traditional,
impervious surface materials which allow for the infiltration of stormwater
through the soil to more naturally reduce runoff volumes and filter pollutants.
Increased infiltration occurs either through the paving material itself, or
through void spaces between individual paving blocks (also called pavers).
Materials may include, but are not limited to: pervious concrete, pervious
asphalt, block and concrete modular pavers, and grid pavers.
Permit, building.\ An official document or certification permit that is issued
by the building official and which authorizes the construction, alternation,
enlargement, conversion, reconstruction, remodeling, rehabilitation, erection,
demolition, moving or repair of a building or structure. This permit should
not be a substitute for a zoning permit.
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Permit, conditional use.\ A permit issued by the county board of supervisors
authorizing the operation of a use under certain conditions and standards.
Permit, special use.\ A permit issued by the county board of supervisors
authorizing a use not otherwise provided for in this ordinance as a permitted
or conditional use.
Permit, zoning.\ A permit issued by the zoning administrator that authorizes
the recipient to make use of property in accordance with the requirements of
this ordinance.
Phase I archeological study.\ A survey of archaeological resources
undertaken in accordance with the Secretary of the Interior's Standards and
Guidelines (48 FR, 44742) as may be amended and the Guidelines for
Conducting Cultural Resource Survey in Virginia prepared by the Virginia
Department of Historic Resources, as may be amended.
Photometric plan.\ A diagram consisting of lines showing the relative
illumination in foot candles from a light source or group of light sources.
Planning commission.\ The Isle of Wight County Planning Commission.
Porch.\ A projection from a main wall or a building which can be covered,
with a roof, or uncovered. The projection may or may not use columns or
other ground supports for structural purposes.
Portable on demand storage units.\ Also known as a POD, a large container
used for temporary storage. A POD is hauled to the property, loaded with
items, hauled from the property and stored in a storage yard.
Poultry.\ Domestic fowl normally raised on a farm such as chickens, ducks,
geese and turkeys.
Preliminary and final site development plan.\ Site development plans
prepared by a certified or licensed engineer, surveyor, architect or landscape
architect, that is required for development proposals outlined in section 7-
2004, preliminary and final site development plan requirements.
Principal building or structure.\ A building or structure in which the primary
or main use of the property on which the building is located is conducted and
distinguished from an accessory or secondary building or structure on the
same premises.
Principal use.\ A use which represents the primary or main use of the land or
structure which is distinguished from an accessory use on the same premises.
Proffer.\ A condition voluntarily offered by the applicant and owner for a
rezoning that limits or qualifies how the property in question will be used or
developed.
Public water and sewer system.\ A water or sewer system owned and
operated by a municipality or county, or owned and operated by a private
individual or a corporation approved by the governing body and properly
24
licensed by the state corporation commission or other applicable agency, and
subject to special regulations as herein set forth.
Public way.\ Any sidewalk, street, alley, highway or other public
thoroughfare.
Recreation, active.\ Leisure activities, usually organized and performed with
others, often requiring equipment and constructed facilities, taking place at
prescribed places, sites, or fields. The term active recreation includes, but is
not limited to, swimming, tennis, and other court games, baseball and other
field sports, golf and playground activities.
Recreation, passive.\ Recreation that involves existing natural resources and
has a minimal impact. Such recreation does not require development of the
site nor any alternation of existing topography. Such passive recreation shall
include, but not be limited to, hiking, picnicking, and bird watching.
Recreational vehicle.\ A vehicle designed to be self-propelled or permanently
towable; and not designed for use as a permanent dwelling but as temporary
living quarters for recreational camping, travel, or seasonal use.
Redevelopment.\ The process of using land that contains or previously
contained development.
Required open space.\ Any space required in any front, side or rear yard.
Residential plot plan.\ A plan submitted for the construction or location of all
new single-family detached dwellings or two-family dwellings on an existing
or platted lot. This plan shall meet the requirements of section 7-2002,
residential plot plan.
Right -of way.\ A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, electric transmission line, oil or gas pipeline,
water main, sanitary or storm sewer main, shade trees, or other special use.
Road.\ See "street."
Satellite dish antenna.\ See "antenna."
Screening.\ The act of visually shielding or obscuring one (1) abutting or
nearby structure or use from another by fencing, walls, berms, or required
planted vegetation.
Screen material.\ Materials that have been outlined in article VIII for the
screening of service structures, equipment, and/or outdoor storage yards.
Seasonal shading.\ The practice of using plant material to capitalize on solar
energy and light for heating and interior lighting purposes. An example
would be using deciduous trees near windows to shade afternoon sun in the
summer, but allow afternoon sun for heat and light through in the winter.
Service building.\ A building used to house stationary or movable service
equipment and mechanical equipment for the maintenance and function of
onsite machinery.
Setback.\ The required minimum horizontal distance between the building
line and the related front, side, or rear property line. A setback is meant from
a street not a driveway.
Setback line.\ A line within a lot parallel to a corresponding lot line, which is
the boundary of any specified front, side, or rear yard, or the boundary of any
public right-of-way whether acquired in fee, easement, or otherwise, or a line
otherwise established to govern the location of buildings, structures or uses.
Where no minimum front, side, or rear yards are specified, the setback line
shall be coterminous with the corresponding lot line.
Shopping center.\ A grouping of architecturally unified and related retail
establishments which are planned, developed, owned, and managed as a
single operating unit, and which share interconnected walkways and parking
areas. The establishments contained within a shopping center are related to
each other and the market area served in terms of size, type, location, and
market orientation.
Shrub.\ A relatively low growing, woody plant typified by having several
permanent stems instead of a single trunk.
Shrub, deciduous.\ Any shrub which sheds its foliage during a particular
season of the year.
Shrub, evergreen.\ Any shrub which retains its foliage throughout the entire
year.
Sign.\ Any device, fixture, placard, or structure that uses any color, form,
graphic, illumination, symbol, or writing to advertise, announce the purpose
of, call attention to, or identify the purpose of a person or entity, or to
communicate information of any kind to the public.
Sign, animated.\ Any sign that uses movement or change of lighting to depict
action or to create a special effect or scene. This shall not include a variable
message sign.
Sign, banner.\ Any sign of lightweight fabric or similar material that is
mounted to a pole or a building by one (1) or more of its edges. National
flags, state, or municipal flags, or the official flag of any institution or
business shall not be considered banners.
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Sign, beacon.\ Any light with one (1) or more beams directed into the
atmosphere or directed at one (1) or more points not on the same zone lot as
the light source; also, any light with one (1) or more beams that rotate or
move.
Sign, billboard.\ An off -premises sign owned by a person, corporation, or
other entity that engages in the business of selling the advertising space on
that sign.
Sign, canopy.\ Any sign that is painted on, printed on, part of or otherwise
attached to or displayed on an awning, canopy, or other fabric, plastic, or
structural protective cover over a door, entrance, window, or outdoor service
area. No such signs shall project vertically above or below, or horizontally
beyond the physical dimensions of such canopy.
Sign, changeable copy.\ A sign or part of a sign that is designed so that
characters, letters, or illustrations can be changed or rearranged on a letter
track that can be rearranged without altering the face or surface of the sign.
Sign, commercial message.\ Any wording, logo, or other representation that,
directly or indirectly, names, advertises, or calls -attention to a business,
product, service, or other commercial activity.
Sign, directional.\ On -premises signage designed to guide vehicular and/or
pedestrian traffic by issuing words such as "Entrance," "Exit," "Parking,"
"One -Way," or similar instructions, and related indicator graphics such as
arrows, which may include the identification of the building or use but may
not include any advertising or commercial message or logo.
Sign, electronic message board.\ Defined as signs or portions of signs that
use changing lights to form a sign message or messages wherein the sequence
of messages and the rate of change is electronically programmed and can be
modified by electronic processes.
Sign, facade.\ Any sign attached to any part of a building, as contrasted to a
freestanding sign, and projecting no further than six (6) inches from the
building wall it is attached to. See also: "sign, wall."
Sign, flag.\ Any fabric or bunting containing distinctive colors, patterns, or
symbols, used to communicate a message or draw attention to a development,
business, land use, or other similar entity.
Sign, freestanding.\ A sign that is attached to, erected on, or supported by
some structure (such as a pole, mast, frame, or other structure) that is not
itself an integral part of or attached to a building or structure whose principal
function is something other than the support of a sign.
M
Sign, internally ilIuminated.\ A sign where the source of the illumination is
inside the sign and light emanates through the message of the sign, rather
than being reflected off the surface of the sign from an external source. A
sign that consists of or contains tubes that (i) are filled with neon or some
other gas that glows when an electric current passes through it and (ii) are
intended to form or constitute all or part of the message of the sign, rather
than merely providing illumination to other parts of the sign that contain the
message, shall also be considered an internally illuminated sign.
Sign, marquee.\ A roof -like structure of a permanent nature which projects
from the wall of a building or its supports and may overhang the public way.
Sign, nonconforming.\ Any sign that does not conform to the requirements of
this ordinance.
Sign, off -premises.\ A sign that draws attention to or communicates
information about a business, service, commodity, accommodation, attraction
that draws attention to a cause or advocates or proclaims a political, religious,
or other noncommercial message, or other enterprise or activity that exists or
is conducted, sold, offered, maintained, or provided at a location other than
the lot on which the sign is located.
Sign, on -premises.\ A sign that draws attention to or communicates
information about a business, service, commodity, accommodation,
attraction, or other enterprise or activity that exists or is conducted, sold,
offered, maintained, or provided on the lot where the sign is located.
Sign, pennant.\ Any lightweight plastic, fabric, or other material, whether or
not containing a message of any kind, suspended from or supported by a
rope, wire, or string, usually in series, designed to move in the wind.
Sign, portable.\ Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including, but not
limited to, signs designed to be transported by means of wheels, signs
converted to "A" or "T" frames; menu and sandwich board signs, balloons
used as signs, umbrellas used for advertising, and signs attached to or painted
on vehicles parked and visible from the public right-of-way, unless said
vehicle is used in the normal day-to-day operations of the business; such
vehicles shall be parked only in a designated parking space.
Sign, projecting.\ A sign other than a facade, canopy, or marquee sign which
is wholly or partially dependent upon a building for support and that projects
more than six (6) inches from such building.
Sign, special event.\ A sign for the purpose of circuses, fairs, carnivals,
festivals, and other types of special events that (i) run for not longer than two
(2) weeks, (ii) are intended or likely to attract substantial crowds, and (iii) are
unlike the customary or usual activities generally associated with the property
where the special event is to be located.
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Sign, suspended.\ A sign that is suspended from the underside of a horizontal
plane surface and is supported by such surface.
Sign, temporary.\ A sign that is used in connection with a circumstance,
situation, or event that is designed, intended, or expected to take place or to
be completed within a reasonably short or definite period after the erection of
such sign; or, is intended to remain on the location where it is erected or
placed. If a sign display area is permanent but the message displayed is
subject to periodic changes, that sign shall not be regarded as temporary.
Sign, wall.\ Any sign attached parallel to, but within six (6) inches of a wall,
painted on the wall surface of, or erected and confined within the limits of an
outside wall of any building or structure, which is supported by such wall or
building, and which displays only one (1) sign surface. See also: "sign,
facade."
Sign, window.\ Any sign, pictures, symbol, or combination thereof designed
to communicate information about an activity, business, commodity, event,
sale, or service, that is placed inside a window or door or upon the window
panes or glass and is visible from the exterior of the window or door.
Simplified site plan.\ A plan submitted for a change or expansion of a
commercial, civic, office or industrial use on an existing site and meets the
requirements of section 7-2003.
Site development plan, preliminary/final.\ A plan, to scale, showing uses and
structures proposed for a parcel of land as required by the regulations
pertaining to site plans in this ordinance. Includes lot lines, streets, building
sites, reserved open space, buildings, major landscape features, both natural
and manmade, and any other requirements outlined by article VII.
Slope.\ The degree of deviation of a surface from the horizontal, usually
expressed as a percentage. Slope shall be measured as the vertical rise or fall
to horizontal distance of terrain measured perpendicular to the contour lines
at horizontal intervals of more than ten (10) feet.
Solar orientation.\ The practice of using building placement and design to
capitalize on solar energy and light for heating and interior lighting purposes.
Special flood hazard area.\ The land in the floodplain subject to the one (1)
percent or greater chance of being flooded in any given year.
Specified anatomical area.\ Such areas include less than completely and
opaque covered human genitals, pubic region, buttocks, female breasts below
a point immediately above the top of the areola, and human male genital in a
discernibly turgid state, even if completely and opaquely covered.
2
Specified sexual activity.\ Such activity includes human genitals in a state of
sexual stimulation or arousal, an act of human masturbation, sexual
intercourse or sodomy, and fondling or other erotic touching of human
genitals, pubic region, buttocks or female breasts.
Start of construction.\ For the purpose of floodplain management, other than
new construction and substantial improvement, under the Coastal Barriers
Resource Act, means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition,
placement or other improvement was within one hundred eighty (180) days
of the permit date. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of pipes, the construction of columns, or any work
beyond the state of excavation; or the placement of a manufactured home on
a foundation. Permanent construction does not include land preparation, such
as clearing, grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does it include
the installation on the property of accessory buildings, such as garages or
sheds not occupied as dwelling units or not part of the main structure. For a
substantial improvement, the actual start of construction means the first
alteration on any wall, ceiling, floor, or other structural part of a building,
whether or not the alteration affects the external dimensions of the building.
Storage.\ The keeping, either indoors or outdoors, of equipment, vehicles, or
supplies used in the conduct of a trade, business, or profession.
Stormwater management.\ For quantitative control, a system of vegetative
and structural measures that control the increased volume and rate of surface
runoff caused by manmade changes to the land; and for qualitative control, a
system of vegetative, structural, and other measures that reduce or eliminate
pollutants that might otherwise be carried by surface runoff.
Stormwater management practice, nonstructural.\ A stormwater management
technique that utilizes the ecological and environmental aspect of a site or
area for the collection, conveyance, channeling, holding, retaining, detaining,
infiltration, diverting, treating or filtering of surface water, and/or runoff.
Stormwater management practice, structural.\ A stormwater management
technique that utilizes a manmade facility and/or apparatus for the collection,
conveyance, channeling, holding, retaining, detaining, infiltration, diverting,
treating or filtering of surface water, and/or runoff.
Story.\ That portion of a building, other than the basement, included between
the surface of any floor and the surface of the floor next above it. If there is
no floor above it, the space between the face and the ceiling next above it.
Story, half.\ A space under a sloping roof, which has the line of intersection
of roof decking and wall not more than three (3) feet above the top floor
level, and in which space more than two-thirds (2/3) of the floor area is
finished off for use other than storage.
all
Street.\ A public or private thoroughfare used, or intended to be used, for
passage or travel by motor vehicles. A street serves three (3) or more lots.
The word "street" shall include the words "road", and "highway".
Street, arterial.\ A street specifically designed to move high volumes of
traffic from collector streets through the county and not designed to serve
abutting lots except indirectly through intersecting streets. Arterial streets
shall include all U.S. Highways, state primaries with one-, two- or three -digit
numbers, and any other street which the subdivision agent determines is
functionally equivalent to these transportation department classifications.
Street, collector.\ A relatively low -speed, low-volume street that provides
circulation within and between neighborhoods. Collector streets usually serve
short trips and are intended for collecting trips from local streets and
distributing them to the arterial network. They also form a secondary network
of cross county connectivity.
Street, public.\ A public street or street with respect to which an offer of
dedication has been made and improvements completed which are consistent
with the Isle of Wight County Subdivision Ordinance and the requirements
of the Virginia Department of Transportation or a street or portion thereof
which is included in the state primary or secondary road system.
Structure.\ Anything constructed or erected, the use of which requires
permanent location on the ground, or attachment to something having a
permanent location on the ground. Among other things, structures include
buildings, mobile and manufactured homes, walls, fences, signs, piers, and
swimming pools, etc. For the purpose of floodplain management, a walled
and roofed building, including a gas or liquid storage tank, that is principally
above ground, as well as manufactured home.
Subdivision.\ The division or resubdivision of a lot, tract, or parcel of land by
any means into two (2) or more lots, tracts, parcels or other divisions of land
including changes in existing lot lines for the purpose, whether immediate or
future, of lease, transfer of ownership or building or lot development. The
term subdivision shall also mean the following:
1. Any development of a parcel of land which involves installation of
sanitary sewers, water mains, gas mains or pipes, or other appropriate
facilities for the use, whether immediate or future, of the owners or occupants
of the land, or of the building abutting thereon.
2. Any development of a parcel of land involving two (2) or more
principal structures or involving shopping centers, multiple dwelling projects
and the like which require the installation of streets and/or alleys, even
though the streets and alleys may be not dedicated to public use and the
parcel may be divided for purposes of conveyance transfer or sale.
31
3. Any development of a parcel of Iand involving two (2) or more
principal structures or involving shopping centers, multiple dwelling projects
and the like which require the installation of streets and/or alleys, even
thought the streets and alleys may not be dedicated to public use and the
parcel may not be dedicated to public use and the parcel may not be divided
for purposes of conveyance, transfer or sale.
4. The term "subdivision" includes resubdivision, and as appropriate in
this ordinance, shall refer to the process of subdividing the Iand or to the land
subdivided.
Substantial damage.\ Damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would
equal or exceed fifty (50) percent of the market value of the structure before
the damaged occurred.
Substantial improvement.\ Damage of any origin sustained by a structure, the
cost of which equals or exceeds fifty (50) percent of the market value of the
structure either before the improvement or repair is started or, if the structure
has been damaged, and is being restored, before the damage occurred. For the
purposes of this definition, "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor or other structural part of
the building commences, whether or not that alteration affects the external
dimensions of the structure. For the purpose of floodplain management, the
term does not, however, include either:
I. Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official and which
are the minimum necessary to assure safe living conditions;
2. Any alteration of a historic structure, provided that the alteration will
not preclude the structure's continued designation as historic structure; or
3. Historic structures undergoing repair or rehabilitation that would
constitute a substantial improvement as defined above, must comply with all
ordinance requirements that do not preclude the structure's continued
designation as a historic structure. Documentation that a specific ordinance
requirement will cause removal of the structure from the National Register of
Historic Places or the State Inventory of Historic places must be obtained
from the Secretary of the Interior or the State Historic Preservation Officer.
Any exemption from ordinance requirements will be the minimum necessary
to preserve the historic character and design of the structure.
Tower.\ Any structure that is intended for transmitting or receiving
television, radio, telephone, digital, or other similar communications or is
used to support a communication antenna or other similar device.
Tract.\ See "lot."
Traffic impact analysis (TIA).\ An analysis of the effect of traffic generated
by a development on the capacity, operations, and safety of the public street
and highway system.
Tree, deciduous.\ Any tree which sheds its foliage during a particular season
of the year.
Tree, evergreen.\ Any tree which retains its foliage throughout the entire
year.
Tree, heritage.\ Any tree or shrub which has been designated by ordinance of
the Isle of Wight County Board of Supervisors as having notable historic or
cultural significance to any site or which has been so designated in
accordance with an ordinance adopted pursuant to section 15.2-503 of the
Code of Virginia, as amended.
Tree, mature.\ Any deciduous or evergreen tree with a minimum diameter of
fourteen (14) inches when measured four and one-half (41/2) feet above
ground level.
Tree, significant.\ Any deciduous or evergreen tree with a minimum diameter
of twenty-two (22) inches when measured four and one-half (4%z) feet above
ground level.
Trip generation.\ The number of trip ends caused, attracted, produced, or
otherwise generated by a specific land use, activity, or development in
accordance with the latest edition of the trip generation manual, published by
the institute of transportation engineers.
Use.\ The purpose or activity, for which a piece of land or its buildings is
designed, arranged or intended, or for which it is occupied or maintained.
Use, permitted.\ A use, which may be lawfully established in a particular
district or districts, provided it conforms with all regulations, requirements,
and standards of this ordinance.
Utility facility.\ Any above or below ground structure or facility (other than
buildings, unless such buildings are used as storage incidental to the
operation of such structures or facilities) owned by a governmental entity, a
nonprofit organization, a corporation, or any entity defined as a public utility
for any purpose and used in connection with the production, generation,
transmission, delivery, collection, or storage of water, sewage, electricity, gas
oil, or electromagnetic signals.
Variance.\ A waiver of the dimensional and numeric requirements of this
ordinance approved by the board of zoning appeals in accordance with
section 1-1019 of this ordinance.
M
Vehicle.\ See "motor vehicle."
Vehicle moving area.\ Any area on a site where vehicles park or drive.
Video arcade.\ See "commercial indoor amusement" listed under commercial
use types.
Violation.\ For the purpose of floodplain management, the failure of a
structure or other development to be fully compliant with the community's
floodplain management regulations. A structure or other development
without the elevation certificate, other certifications, or other evidence of
compliance as outlined in the floodplain management overlay district
regulations.
Watercourse.\ Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine, or wash, in and
including any area adjacent thereto which is subject to inundation by water.
Wooded area.\ An area of contiguous wooded vegetation where trees are at a
density of at least one (1) six-inch or greater diameter at breast height (DBH)
tree per three hundred twenty-five (325) square feet of land and where the
branches and leaves form a contiguous canopy.
Xeriscaping.\ Site design and/or gardening techniques which may include the
use of native and/or drought tolerant plants to create a landscape or
environment which does not require any form of supplemental irrigation after
twenty-four (24) months from the time of installation.
Yard.\ An open space on the same lot with a building or structure,
unoccupied and unobstructed from the ground up, except as otherwise
permitted in this ordinance.
Yard, corner side.\ A side yard adjoining a public or private street.
Yard, front.\ A yard extending along the full width of the front lot line
between the side lot lines and from the front lot line to the front building line
in depth.
Yard, interior side.\ A side yard, which is located immediately adjacent to
another lot or to an alley separating such yard from another lot.
Yard, rear.\ A yard extending along the full length of the lot and lying
between the rear lot line and the nearest line of the building. Rear yard depth
shall be measured at right angles to the rear line of the lot.
Yard, side.\ A yard lying between the side line of the lot and the nearest line
of the building and extending from the front yard to the rear yard, or in the
34
absence of either of such front or rear yards, to the front or rear lot lines. Side
yard width shall be measured at right angles to side lines of the lot.
Zero lot line.\ The location of a structure on a lot in such a manner that one
(1) of the structure's sides rest directly on a lot line.
Zoning administrator.\ The person designated as the official responsible for
enforcing and administering all requirements of the Isle of Wight County
Zoning Ordinance, or his duly authorized designee.
Zoning, base district.\ Those base underlying zoning districts other than
special overlay districts set forth in article IV.
Zoning, planned development district.\ Land area of minimum size, as
specified by district regulations, to be planned and developed using a
common master zoning plan, and containing one (1) or more uses and
appurtenant common areas.
Zoning, special overlay district.\ A district, which is placed over the existing
base zoning and imposes additional restrictions and includes all those
districts listed as special overlay zoning districts in article IV.
Zoning, underlying district.\ See "zoning, base district." (7-7-05; 8-20-09;
11-4-09; Ord. No. 2013-1-C, 4-18-13, 3-20-14, 6-19-14; 8-21-14.)
Sec. 6-4000. - Floodplain Management Overlay (FPMO) District.*
* An ordinance adopted Nov. 19, 2015, amended and re-enacted §6-4000 and
§ 2-1002, with a prior history of an ord. dated 9-17-15, 8-21-14 and 7-7-05;
and Ord. No. 2012-3-C, 2-16-12.
Sec. 6-4001. - Purpose.
This ordinance is adopted pursuant to the authority granted to localities by
Virginia § 15.2-2280. The purpose of these provisions is to prevent the Ioss
of life and property, the creation of health and safety hazards, the disruption
of commerce and governmental services, the extraordinary and unnecessary
expenditure of public funds for flood protection and relief, and the
impairment of the tax base by:
A. Regulating uses, activities, and development which, alone or in
combination with other existing or future uses, activities, and development,
will cause unacceptable increases in flood heights, velocities, and
frequencies.
B. Restricting or prohibiting certain uses, activities, and development
from locating within districts subject to flooding.
C. Requiring all those uses, activities, and developments that do occur in
floodprone districts to be protected and/or floodproofed against flooding and
flood damage.
Furthermore, it is the intent of these regulations to ensure that all property
owners within the county are eligible for participation in the National Flood
W
Insurance Program and able to secure such insurance at nominal rates. (8-21-
14.)
Sec. 6-4002. - Designation of the floodplain administrator.
The zoning administrator is hereby appointed to administer and implement
these regulations and is referred to herein as the floodplain administrator. (8-
21-14.)
Sec. 6-4003. - Submitting technical data.
A community's base flood elevations may increase or decrease resulting from
physical changes affecting flooding conditions. As soon as practicable, but
not later than six (6) months after the date such information becomes
available, a community shall notify the Federal Emergency Management
Agency of the changes by submitting technical or scientific data. Such a
submission is necessary so that upon confirmation of those physical changes
affecting flood conditions, risk premium rates and floodplain management
requirements will be based upon current data. (8-21-14.)
Sec. 6-4004. - Applicability.
A. The provisions of this article shall apply to the following areas:
1. Areas designated as being within the one -percent annual chance
floodplain by the flood insurance study (FIS) prepared by the Federal
Emergency Management Agency and as delineated on the flood insurance
rate map (FIRM) for Isle of Wight County dated December 2, 2015, and any
subsequent revisions or amendments thereto. A copy of the FIS and FIRM
shall be filed in the department of planning and zoning and are hereby made
part of this article. The floodplain management district (as identified in the
FIS) is comprised of five (5) subdistricts: the floodway district, the
floodfringe district, the approximated floodplain district, the coastal A zone,
and the coastal high hazard floodplain district. The description of these
districts and corresponding zones are identified in the aforementioned FIS
report. (9-17-15).
2. The flood insurance rate map panels specifically referenced by this
ordinance and dated to take effect on December 2, 2015 include the
following: 51093CO018E, 51093CO050E, 51093CO054E, 51093CO056E,
51093CO058E, 51093CO065E, 51093CO066E, 51093CO067E,
51093CO070E, 51093CO086E, 51093CO088E, 51093CO089E,
51093CO093E, 51093CO0115E, 51093CO0120E, 51093CO0125E,
51093CO0135E, 51093CO0150E, 51093CO0151E, 51093CO0152E,
51093CO0153E, 51093CO0154E, 51093CO0156E, 51093CO0157E,
51093CO0158E, 51093CO0159E, 51093CO0165E, 51093CO0166E,
51093CO0167E, 51093CO0168E, 51093CO0178E, 51093CO0186E,
51093CO0220E, 51093CO0230E, 51093CO0240E, 51093CO0250E,
51093CO0255E, 51093CO0265E, 51093CO0275E, 51093CO0300E,
51093CO0310E, 51093CO0320E and 51093CO0350E. (9-17-15).
3. Such other areas as may be determined by the zoning administrator to
be essential to the alleviation of potential flood damage caused by the one -
percent annual chance flood. Such determination shall be based on drainage
36
and hydrology studies and amendment or revision of the FIRM shall be
requested by the county.
B. The floodplain management (FPM) district is an overlay to the existing
underlying zoning district. Therefore, the uses, densities, lot configurations,
setback requirements, height restrictions and accessory uses shall be
determined by the underlying zoning district except as such regulations may
be modified by application of the regulations in the FPM district. Where
these regulations are at variance with other codes, ordinances and regulations,
the most restrictive regulation shall apply.
C. The delineation of the floodplain management district may be revised
by Isle of Wight County where natural or manmade changes have occurred
and/or where more detailed studies have been conducted or undertaken by the
U.S. Army Corps of Engineers or other qualified agency, or an individual
documents the need for such change. However, prior to any such change,
approval must be obtained from the Federal Insurance Administration.
D. Initial interpretations of the boundaries of the floodplain management
district shall be made by the zoning administrator. Should a dispute arise
concerning the boundaries of any of the districts, the board of zoning appeals
shall make the necessary determination. The person questioning or contesting
the location of the district boundary shall be given a reasonable opportunity
to present his case to the board and to submit his own technical evidence if he
so desires. (8-21-14.)
Sec. 6-4005. - Compliance and liability.
A. No land shall hereafter be developed and no structure shall be located,
relocated, constructed, reconstructed, enlarged or structurally altered within
the floodplain management district except in full compliance with the terms
and provisions of this section.
B. The degree of flood protection sought by the provisions of this
ordinance is considered reasonable for regulatory purposes and is based on
acceptable engineering methods of study. This ordinance does not imply that
areas and land uses outside the floodplain management district will be free
from flooding or flood damages which may be caused by larger floods or
increased flood heights.
C. This article shall not create liability on the part of Isle of Wight County
or any officer or employee thereof, for any flood damages that result from
reliance on this article or any administrative decision lawfully made
thereunder.
D. Records of actions associated with administering this ordinance shall
be kept on file and maintained by the floodplain administrator. (8-21-14.)
Sec. 6-4006. - Abrogation and greater restrictions.
This ordinance supersedes any ordinance currently in effect in flood -prone
districts. Any ordinance, however, shall remain in full force and effect to the
extent that its provisions are more restrictive. (8-21-14.)
Sec. 6-4007. - Severability.
7
If any section, subsection, paragraph, sentence, clause or phrase of this article
shall be declared invalid for any reason, such decision shall not affect the
remaining portions of this article. The remaining portions shall remain in full
force and effect; and for this purpose, the provisions of this article are hereby
declared to be severable. (8-21-14.)
Sec. 6-4008. - Penalty for violation.
Any person who fails to comply with any of the requirements or provisions
of this article or directions of the floodplain administrator or any authorized
employee of Isle of Wight County shall be guilty of the appropriate violation
and subject to the penalties therefore.
The VA USBC addresses building code violations and the associated
penalties in Section 104 and Section 115. Violations and associated penalties
of the zoning ordinance of Isle of Wight County are addressed in section 1-
1013 of the zoning ordinance.
In addition to the penalties, all other actions are hereby reserved, including an
action in equity for the proper enforcement of this article. The imposition of a
fine or penalty for any violation of, or noncompliance with, this article shall
not excuse the violation or noncompliance or permit it to continue; and all
such persons shall be required to correct or remedy such violations within a
reasonable time. Any structure constructed, reconstructed, enlarged, altered
or relocated m noncompliance with this article may be declared by Isle of
Wight County to be a public nuisance and abatable as such. Flood insurance
may be withheld from structures constructed in violation of this article. (8-
21-14.)
Sec. 6-4009. - Permit required.
All uses, activities, and development occurring within any floodplain district,
including placement of manufactured homes, shall be undertaken only upon
the issuance of a zoning permit. Such development shall be undertaken only
in strict compliance with the provisions of this ordinance and with all other
applicable codes and ordinances, as amended, such as the Virginia Uniform
Statewide Building Code (VA USBC) and the Isle of Wight County
Subdivision Ordinance. Prior to the issuance of any such permit, the
floodplain administrator shall require all applications to include compliance
with all applicable state and federal laws and shall review all sites to assure
they are reasonably safe from flooding. Under no circumstances hall any use,
activity, and/or development adversely affect the capacity of the channels or
floodways of any watercourse, drainage ditch, or any other drainage facility
or system. (8-21-14.)
Sec. 6-4010. - Use regulations.
Permitted uses, special permit uses, accessory uses, dimensional standards,
and special requirements shall be as established by the underlying zoning
district, except as specifically modified herein.
38
A. The following uses shall be specifically prohibited within the
floodplain management district:
1. Landfills, junkyards, outdoor storage of inoperative vehicles;
2. Surface mines/borrow pits;
3. Manufacture, bulk storage, transformation or distribution of petroleum,
chemical or asphalt products or any hazardous materials as defined in either
or both of the following:
a. Superfund Amendment and Reauthorization Act of 1986.
b. Identification and Listing of Hazardous Wastes, 40 C.F.R. (Code of
Federal Regulations) Section 261 (1987).
C. The following products shall be specifically included:
i. Oil and oil products including petrochemicals;
ii. Radioactive materials;
iii. Any materials transported or stored in large commercial quantities
(such as fifty -five -gallon drums) which is a very soluble acid or base, causes
abnormal growth of an organ or organism, or is highly biodegradable,
exerting a strong oxygen demand;
iv. Biologically accumulative poisons;
V. Substances containing the active ingredients or economic poisons that
are or were ever registered in accordance with the provisions of the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended (7 USC 135 et seq.);
vi. Substances highly lethal to mammalian or aquatic life;
4. Storage or land application of industrial wastes;
5. Outdoor storage of equipment, materials, or supplies which are
buoyant, flammable, or explosive;
6. Swimming pools or any other habitable use when the area beneath the
elevated building is enclosed with walls of any type such as solid non -
breakaway, solid breakaway, or lattice -screen, or when the area beneath the
elevated building is not enclosed and a swimming pool or any other
obstruction is above natural grade; or
7. Commercial feedlots, as described in section 3-2000.
B. The following activities may occur below the level of the one -percent
annual chance flood elevation if administered in accordance with section 6-
4013 of this article:
1. Nonstructural agricultural activities providing that any storage or
stockpiling of manure shall be elevated to a level no less than two (2) feet
above the elevation of the one -percent annual chance flood.
2. Outdoor recreational uses including park areas, golf courses, tennis
courts, and basketball courts.
3. Swimming pools or any other non -habitable use located below elevated
buildings when the area beneath the elevated building is not enclosed and the
pool or other potential obstruction is flush with the natural grade provided
that a Iicensed surveyor or engineer certifies that the swimming pool or other
potential obstruction will not be subject to breaking up or floating out of the
ground and affecting the piles or columns of the elevated building.
Furthermore, the swimming pool shall meet the same anchoring requirements
as the support system of the elevated building and the area beneath the
elevated building shall never be enclosed with walls or any type.
WC
4. Functionally dependent uses such as docks, piers and wharves.
5. Access roads and parking areas for [subsections] 1. through 4. above.
C. In addition to the prohibited uses in subsection 6-4010.A., the
following restrictions shall apply to areas in the Floodway District [44 CFR
60.3(d)]:
1. No encroachments, including fill, new construction, substantial
improvements, or other development shall be permitted in the floodway
unless it has been demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the proposed
encroachment would not result in any increase in flood levels within Isle of
Wight County during the occurrence of the base flood discharge. Hydrologic
and hydraulic analyses shall be undertaken only by professional engineers or
others of demonstrated qualifications, who shall certify that the technical
methods used correctly reflect currently accepted technical concepts. Studies,
analyses, computations, etc. shall be submitted in sufficient detail to allow a
thorough review by the floodplain administrator. (11-19-15)
2. Existing nonconforming structures within the floodway may not be
expanded; however, they may be repaired, altered or modified to incorporate
floodproofing measures, provided such measures do not raise the level of the
one -percent annual chance flood. (5-21-14; 11-19-15)
3. Development activities which increase the water surface elevation of the
base flood may be allowed, provided that the applicant first applies — with
Isle of Wight County's endorsement — for a Conditional Letter of Map
Revision (CLOMR), and receives the approval of the Federal Emergency
Management Agency. (11-19-15)
4. If items 1 through 3 are satisfied, then all new construction and
substantial improvements in the Floodway District shall comply with Section
6-4009, Section 6-4011, and Section 6-4012. (11-19-15)
5. The placement of manufactured homes (mobile homes) is prohibited,
except in an existing manufactured home (mobile home) park or subdivision.
A replacement manufactured home may be placed on a lot in an existing
manufactured home park or subdivision provided the anchoring, elevation,
and encroachment standards are met. (11-19-15)
Sec. 6-4011. - General provisions.
A. No construction or improvement within the floodplain management
district shall obstruct or unduly restrict any channel, whether or not such
channel lies within a designated floodway.
B. Watercourses shall not be altered or relocated except upon the
presentation of data, certified by a licensed engineer, that the flood -carrying
capacity of such a modified watercourse will be at least equal to that prior to
modification. Evidence of all necessary permits or approvals for the Federal
Insurance Administrator, the U.S. Army Corps of Engineers, the Virginia
Marine Resources Commission, and the Virginia Department Environmental
Quality shall be required prior to such modification.
C. The floodplain administrator shall notify adjacent localities of
watercourse alterations or relocations.
D. Adequate drainage shall be provided to reduce exposure to flood
hazards. All storm drainage facilities shall be designed to convey the flow of
surface waters away from buildings and on-site waste disposal sites and
prevent the discharge of excess runoff onto adjacent properties in order to
avoid damage to persons or property. (8-21-14.)
Sec. 6-4012. - Special standards and requirements.
A. Standards for subdivision plats and site plans...... Preliminary plans,
development plans and final subdivision plats of all properties, all or part of
which are located within any floodplain management district, must be
prepared and sealed by a licensed surveyor or engineer. All proposals shall be
consistent with the need to minimize flood damage. The following
information, in addition to that which would otherwise be required, shall be
provided on the respective plan.
1. The one -percent annual chance flood boundary, as depicted on the
FIRM and the flood hazard zone classification(s) shall be depicted on
preliminary plans, development plans, and final plats. (11-19-15)
2. Development plans shall provide topographical information for the site
at a maximum contour interval of two (2) feet, provided however that a one -
foot contour interval for one (1) foot lesser and one (1) foot greater than the
one -percent annual chance flood boundary shall be shown. (11-19-15)
3. The elevation of the finished surface of the ground at each corner of
each existing building located within any flood hazard zone shall be shown
on development plans and final plats.
4. The elevation of the lowest floor including basement shall be shown on
development plans for new construction or final plats of property with
existing structures.
5. For structures to be floodproofed (nonresidential only), the elevation to
which the structure will be floodproofed and certified floodproofed.
6. In "VE" zones, the elevation (in N.G.V.D.) of the bottom of the lowest
horizontal structural member of the lowest floor (excluding pilings or
columns).
7. All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood hazards.
8. Base flood elevation data obtained from other sources or developed
using detailed methodologies, hydraulic and hydrologic analysis, comparable
to those contained in the flood insurance study for subdivision developments
and other proposed development proposals (including manufactured home
parks and subdivisions) that exceed fifty (50) lots or five (5) acres, whichever
is the lesser, shall be shown.
B. Standards for utilities. ..... All new or replacement utilities, water
filtration, and wastewater treatment facilities, installed in the floodplain
management district shall be designed to prevent the infiltration of
floodwaters into or discharge from said utilities and constructed to minimize
the potential for flood damage.
0
Where private waste disposal systems are to be installed or replaced, they
shall be installed so that they will not be permanently contaminated or
impaired by a base flood.
C. Standards for streets and roads...... Streets and sidewalks should be
designed to minimize their potential for increasing and aggravating the levels
of flood flow. Drainage openings shall be required to sufficiently discharge
flood flows without unduly increasing flood height.
D. Standards for filling of floodplain areas.
I. Where fill within the floodplain management district is proposed, the
following minimum standards shall apply:
a. Prior to any fill, the floodway must be determined and no fill shall
cause the adjacent base flood elevation to increase more than one (1) foot.
b. Fill areas shall extend laterally a minimum of fifteen (15) feet beyond
building lines from all points.
C. Fill material shall consist only of soil and small rock materials (must
pass through a three-inch opening ASTM standard sieve). Organic materials,
such as tree stumps, asphalt, and rubble, shall be prohibited.
d. Fill areas shall be graded to a finished slope of no steeper than one (1)
vertical to three (3) horizontal, unless substantiated data, certified by a
licensed engineer, which justifies steeper slopes, is submitted to and
approved by the zoning administrator.
C. The zoning administrator shall impose any additional standards deemed
necessary to ensure the safety of the community and properties from
additional flood hazard potentials caused by filling within the floodplain
management district.
2. Filling or any other encroachment into a regulatory or other designated
floodway which, as determined by the zoning administrator, in any way
impairs its flood conveyance shall be prohibited.
3. Filling or any other encroachment into any channel within the
floodplain management district which would, as determined by the zoning
administrator, obstruct or unduly restrict water flows through said channel
and, in so doing, increase the potential for flood damage, shall be prohibited
whether or not such channel lies within the regulatory or other designated
floodway.
4. The filling of any portion of property solely to increase the elevation of
the land to meet minimum lot area requirements and thereby create a
buildable lot for residential construction within the floodplain management
district shall be prohibited.
5. These standards may be individually waived by the zoning
administrator, upon the recommendation of the Isle of Wight County
Wetlands Board for approved parks, recreation facilities, shoreline erosion
control and beach maintenance projects where sufficient data is presented
justifying the project and where it is demonstrated that such actions will not
increase flood levels on any properties.
E. Construction standards for properties in zone A [44 CFR 60.3(b)]:
1. All new construction and substantial improvements in zone A must
comply with all standards applicable to zone AE contained in this section and
42
the floodplain construction provisions of the Virginia Uniform Statewide
Building Code. (11-19-15)
2. For these areas in zone A, the base flood elevations and floodway
information from federal, state, and other acceptable sources shall be used,
when available. Where the specific one -percent annual chance flood
elevation cannot be determined for this area using other sources of data, such
as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S.
Geological Survey Flood -Prone Quadrangles, etc., then the applicant for the
proposed use, development and/or activity shall determine this base flood
elevation. For development proposed in the approximate floodplain the
applicant must use technical methods that correctly reflect currently accepted
practices, such as point on boundary, high water marks, or detailed
methodologies, hydrologic and hydraulic analyses. Studies, analyses,
computations, etc. shall be submitted in sufficient detail to allow a thorough
review by the floodplain administrator. (11-19-15)
3. The floodplain administrator reserves the right to require a hydrologic and
hydraulic analysis for any development. When such base flood elevation is
used, the lowest floor shall be elevated to or above the base flood level plus
18 inches. (11-19-15)
4. During the permitting process, the floodplain administrator shall obtain:
1) The elevation of the lowest floor (in relation to mean sea level), including
the basement, of all new and substantially improved structures; and. (11-19-
15)
2) If the structure has been floodproofed in accordance with the
requirements of this article, the elevation (in relation to mean sea level) to
which the structure has been floodproofed. (11-19-15)
5. Base flood elevation data shall be obtained from other sources or
developed using detailed methodologies comparable to those contained in a
FIS for subdivision proposals and other proposed development proposals
(including manufactured home parks and subdivisions) that exceed fifty (50)
lots or five (5) acres, whichever is the lesser. (11-19-15)
F. Construction standards for properties in zone AE...... Until a regulatory
floodway is designated, no new construction, substantial improvements, or
other development (including fill) shall be permitted with the areas of special
flood hazard, designated as zones AE on the FIRM, unless it is demonstrated
that the cumulative effect of the proposed development, when combined with
all other existing and anticipated development, will not increase the water
surface elevation of the base flood more than one (1) foot at any point within
Isle of Wight County. In addition, the following provisions shall apply [44
CFR 60.3(c)]: (11-19-15)
1. All new and replacement electrical equipment, and heating, ventilating,
air conditioning and other service facilities shall be installed at least one and
one-half (I'/z) feet above the base flood elevation or otherwise designed and
located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
2. All electrical distribution panels shall be installed at least three (3) feet
above the base flood elevation or otherwise designed and located so as to
prevent inundation.
43
3. In all cases, elevation of the lowest floor of the structure, including
basements, to at least one and one-half (11/z) feet above the base flood
elevation or, in the case of nonresidential structures, floodproofing to at least
that level. All new and substantially improved structures shall be constructed
according to the VA USBC, and anchored to prevent flotation, collapse or
lateral movement of the structure. The lowest floor elevation of any new
residential structure, including basements, constructed within a floodplain
area shall be at least one and one-half (11/z) feet above base flood elevation.
The lowest floor elevation of any new nonresidential structure constructed
within a floodplain area shall be at least one (1) foot above base flood
elevation, unless such structure is floodproofed. In addition, no existing
structure shall be modified, expanded or enlarged unless the new construction
complies with this standard.
4. Manufactured homes that are placed or substantially improved on sites
shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated a least one and one-half (11/2) feet above base
flood level and be securely anchored to an adequately anchored foundation
system to resist floatation, collapse and Iateral movement.
5. Recreational vehicles placed on sites shall either:
a. Be on the site for fewer than one hundred eighty (180) consecutive
days, be fully licensed and ready for highway use if it is on its wheels or
jacking system, is attached to the site only by quick disconnect type utilities
and has no permanently attached additions; or meet the permit requirements
for placement and the elevation and anchoring requirements for
manufactured homes in subsection F.4. of this section.
6. New construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
7. New construction and substantial improvements shall be constructed by
methods and practices that minimize flood damage.
8. New development shall not be permitted unless it is demonstrated that
the cumulative effect of all past and projected development will not increase
the base flood elevation by more than one (1) foot.
9. For floodproofed non-residential structures, a licensed professional
engineer or architect must certify the structure has been floodproofed.
10. Where base flood elevation data has been utilized and obtained, as
required by this ordinance, the floodplain administrator shall obtain, record,
and maintain the actual finished construction elevations of the lowest floor
and floodproofing elevations. This information shall be recorded on a current
FEMA Elevation Certificate signed and sealed by a professional licensed
land surveyor.
11. Fully enclosed areas of new construction or substantially improved
structures, which are below regulatory flood protection elevation shall:
a. Not be designed or used for human habitation, but shall only be used
for parking of vehicles, building access or limited storage of maintenance
equipment used in connection with the premises. Access to the enclosed area
shall be the minimum necessary to allow for parking of vehicles (garage
door) or limited storage of maintenance equipment (standard exterior door),
or entry to the living area (stairway or elevator);
b. Be constructed entirely of flood -resistant materials below the
regulatory floor protection elevation;
C. Include measures to automatically equalize hydrostatic flood forces on
walls by allowing for the entry and exit of floodwaters. To meet this
requirement, the openings must either be certified by a professional engineer
or architect or meet the following minimum design criteria:
i. Provide a minimum of two (2) openings on different sides of each
enclosed area subject to flooding.
ii. The total net area of all openings must be at least one (1) square inch
for each square foot of enclosed area subject to flooding.
iii. If a building has more than one (1) enclosed area, each area must have
openings to allow floodwater to automatically enter and exit.
iv. The bottom of all required openings shall be no higher than one (1)
foot above the adjacent grade.
V. Openings may be equipped with screens, louvers, or other opening
coverings or devices, provided they permit the automatic flow of floodwaters
in both directions.
vi. Foundation enclosures made of flexible skirting are not considered
enclosures for regulatory purposes, and, therefore, do not require openings.
Masonry or wood underpinning, regardless of structural status, is considered
an enclosure and requires openings as outlined above.
12. Development activities in zone AE on the Isle of Wight County FIRMS
which increase the water surface elevation of the base flood by more than one
(1) foot may be allowed, provided that the applicant first applies — with Isle
of Wight County's endorsement — for a Conditional Letter of Map Revision
and receives the approval of the Federal Emergency Management Agency.
(11-19-15)
G. Construction standards for properties in coastal A zones...... All new
construction and substantial improvements in coastal A zones of the
floodplain management area shall comply with the provisions of the AE zone
as set forth in Section 6-4012.F. In addition, buildings and structures within
this zone shall have the lowest floor elevated to or above the base flood
elevation plus 18 inches of freeboard. (11-19-15)
H. Construction standards for properties in coastal high hazard area......
All new construction and substantial improvements in the V -zones of the
floodplain management area shall occur in accordance with the applicable
floodplain construction provisions contained in the Virginia Uniform
Statewide Building Code. The zoning administrator shall satisfy himself that
all applicable provisions have been complied with prior to issuing building
permits or temporary or permanent certificates of occupancy. In addition, the
following standards shall apply [44 CFR 60.3(e)]:
1. All new construction shall be located landward of the reach of mean
high tide.
2. There shall be no fill used as structural support.
3. There shall be no alteration of sand dunes, watercourses or banks,
which would increase potential flood damage.
4. Within V -zones on the flood insurance rate map, obtain the elevation
(in relation to mean sea level) of the bottom of the lowest horizontal
W,
structural member of the lowest floor (excluding pilings and columns) of all
new and substantially improved structures.
5. All new construction and substantial improvements elevated on pilings
and columns must have the bottom of the lowest horizontal structural
member of the lowest floor (excluding the pilings or columns) elevated at
least one and one-half (1'/z) feet above the base flood level and the pile or
column foundation and structure attached thereto must be anchored to resist
flotation, collapse and lateral movement due to the effects of wind and water
loads acting simultaneously on all building components. Water -loading
values used shall be those associated with the base flood. Wind -loading
values used shall be those required by applicable state or local building
standards. A registered professional engineer or architect shall develop or
review the structural design and methods of construction and shall certify that
design and methods of construction to be used are in accordance with
accepted standards.
6. Provide that all new construction and substantial improvements, within
zones VE, V1-30 and V on the community's FIRM, have the space below the
lowest floor either free of obstruction or constructed with non -supporting
breakaway walls, open wood lattice -work, or insect screening intended to
collapse under wind and water loads without causing collapse, displacement,
or other structural damage to the elevated portion of the building or
supporting foundation system. For the purpose of this section, a breakaway
wall shall have a design safe -loading resistance of not less than ten (10) and
no more than twenty (20) pounds per square foot. Use of breakaway walls
which exceed a design safe -loading resistance of twenty (20) pounds per
square foot (either by design or when so required by local or state codes) may
be permitted only if a registered professional engineer or architect certifies
that the designs proposed meet the following conditions:
a. The elevated portion of the building and supporting foundation system
shall not be subject to collapse, displacement, or other structural damage due
to the effects of wind and water loads acting simultaneously on all building
components (structural and nonstructural). Water -loading values used shall
be those associated with the base flood.
b. Wind -loading values used shall be those required by applicable state or
local building standards. Such enclosed space shall be usable solely for
parking of vehicles, building access or storage.
7. All recreational vehicles placed in V -zones shall be:
a. On site for fewer than one hundred eighty (180) consecutive days; and
b. Be fully licensed and ready for highway use; or
C. Meet the same standards as for conventional housing in V -zones.
8. All new and replacement electrical equipment, and heating, ventilating,
air conditioning and other service facilities shall be installed at least three (3)
feet above the base flood elevation or otherwise designed and located so as to
prevent water from entering or accumulating within the system.
9. All electrical distribution panels shall be installed at least three (3) feet
above the base flood elevation or otherwise located so as to prevent
inundation.
46
10. In all cases, elevation of the lowest horizontal structural member of the
lowest floor of the structure, excluding pilings or columns, to at least one and
one-half (1'/2) feet above the base flood elevation and may result in a
reduction of flood insurance premiums.
11. Manufactured homes that are placed or substantially improved on sites
shall meet the same standards as conventional housing in V -zones. (8-21-14.)
Sec. 6-4013. - Variances.
A. In acting upon application for variances from the provisions of this
article, in addition to the requirements elsewhere set forth in this ordinance,
the board of zoning appeals shall consider the following additional factors:
1. The danger to life and property due to increased flood heights or
velocities caused by encroachments. No variance shall be granted for any
proposed use, development, or activity within any floodway that will cause
any increase in the one -percent annual chance flood elevation;
2. The danger that materials may be swept on to other lands or
downstream to the injury of others;
3. The proposed water supply and sanitation systems and the ability of
these systems to prevent disease, contamination, and unsanitary conditions;
4. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owners;
5. The importance of the services provided by the proposed facility to the
community;
6. The requirements of the facility for a waterfront location;
7. The availability of alternative locations not subject to flooding for the
proposed use;
8. The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future;
9. The relationship of the proposed use to the comprehensive plan and
floodplain management program for the area;
10. The safety of access by ordinary and emergency vehicles to the
property in time of flood;
11. The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters expected at the site;
12. The repair or rehabilitation of historic structures upon a determination
that the proposed repair or rehabilitation will not preclude the structures
continued designation as a historic structure and the variance is the minimum
necessary to preserve the historic character and design of the structure;
13. Such other factors which are relevant to the purpose of this ordinance.
B. The board of zoning appeals may refer any application and
accompanying documentation pertaining to any request for a variance to any
engineer or other qualified person or agency in relation to flood heights and
velocities, and the adequacy of the plans for flood protection and other
related matters, at the expense of the applicant.
C. Variances shall be issued only after the board of zoning appeals has
determined that the granting of such will not result in:
1. Prohibited increases in the height of the floodway;
2. Additional threats to public safety;
3. Extraordinary public expense and will not create nuisances;
DA
4. Cause fraud or victimization of the public; or
5. Conflict with local laws or ordinances.
Variances shall be issued only after the board of zoning appeals has
determined that variance will be the minimum required to provide relief from
an undue hardship to the applicant.
The board of zoning appeals shall notify the applicant for a variance, in
writing, that the issuance of a variance to construct a structure below the one -
percent annual chance flood elevation (a) increases the risks to life and
property and (b) will result in increased premium rates for flood insurance.
A record shall be maintained of the above notification as well as, all variance
actions, including justification for the issuance of the variances. Any
variances which are issued shall be noted in the annual or biennial report
submitted to the Federal Insurance Administrator. (8-21-14.)
Sec. 6-4014. - Existing structures in floodplain management district.
A structure or use of a structure or premises which lawfully existed before
the enactment of these provisions, but which is not in conformity with these
provisions, may be continued subject to the following conditions:
A. Existing structures in the floodway shall not be expanded or enlarged
unless it has been demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the proposed
expansion would not result in any increase in the one -percent annual chance
flood elevation.
B. Any modification, alteration, repair, reconstruction, or improvement of
any kind to a structure and/or use located in any floodplain area to an extent
or amount of less than fifty (50) percent of its market value shall conform to
the Virginia Uniform Statewide Building Code.
C. The modification, alteration, repair, reconstruction, or improvement of
any kind to a structure and/or use, regardless of its location in a floodplain
area to an extent or amount of fifty (50) percent or more of its market value
shall be undertaken only in full compliance with this ordinance and shall
require the entire structure to conform to the Virginia Uniform Statewide
Building Code. (8-21-14.)
The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Alphin called for a public hearing on the following:
C. Ordinance to Amend and Reenact Appendix A, Subdivisions: Article
3, Administration and Procedures of the Isle of Wight County Code per
Updates Enacted by the State Legislature
Richard Rudnicki, Assistant Director of Planning and Zoning, provided an
overview of the proposed amendments; the Planning Commission's
recommendation of approval by a vote of (8-0); and, staff's recommendation
of approval as presented.
48
Chairman Alphin called for persons to speak in favor of or in opposition to
the proposed Ordinance.
No one appeared and spoke.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Supervisor Bailey moved that the following Ordinance be adopted as
presented:
An Ordinance to Amend and Reenact the Isle of Wight County Code by
Amending and Reenacting the Following Articles of Appendix A,
Subdivisions: Article 3, Administration and Procedures; in order to make
legislative updates from the state.
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has
the legislative authority to make reasonable changes to the ordinances that
govern the orderly growth and development of Isle of Wight County; and
WHEREAS, the Isle of Wight County Board of Supervisors is also
concerned about the compatibility of uses on public and private lands within
Isle of Wight County and seeks to allow flexibility in the administration of
the ordinance regulations while protecting the health, safety, and general
welfare of present and future residents and businesses of the County;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix A, Subdivisions, Article 3,
Administration and Procedures, Section 3.2, Review and approval procedures
of the Isle of Wight County Code be amended and reenacted as follows:
3.2. - Review and approval procedures.
3.2.1. General.
A. Authority to file applications.
1. Applications may be initiated by the owner of the land being
subdivided or the owner's authorized representative. The subdivision agent
may require an applicant to present evidence of authority to submit the
application.
2. All real estate taxes and any outstanding fees or charges shall be
current prior to submission of an application for any activity regulated under
this ordinance.
B. Pre -application conference.
1. Before submitting an application for development approval, it is
recommended that each applicant schedule a pre -application conference with
the subdivision agent to discuss the procedures, standards and regulations
required for development approval in accordance with this ordinance.
49
2. A mandatory pre -application conference with the subdivision agent
shall be required for the following development reviews:
a. Any subdivision that will require public infrastructure; and
b. All applications for major subdivision.
C. Application requirements...... The following requirements shall apply
to all applications for subdivision approval. Applications for reapproval of an
expired approval shall be processed in the same manner as any other
application.
1. Forms. ..... Applications required under this ordinance shall be
submitted on forms and in such numbers as required by the appropriate
department. All forms shall include, at a minimum, the following
information:
a. Contact information for the individual or firm submitting the
application and all property owners, including principals of a corporation or
other entity.
b. Contact information for the individual or firm on whose behalf the
application is being submitted.
C. Identification of the property affected by the application, such as a legal
description, address, or parcel identification as may be appropriate.
d. Any other information required by the subdivision agent or the
provisions of this ordinance.
e. A full listing of application requirements may be found in appendix B
of this ordinance.
2. Fees.
a. Filing fees shall be as set forth in the Isle of Wight County Uniform
Fee Schedule, as adopted by the board of supervisors, as it may be amended,
in order to defray the actual cost of processing the application.
b. Fees shall be paid with the appropriate department.
C. An applicant who has paid the appropriate fee pursuant to the
submission of an application, but who chooses to withdraw such application
prior to its distribution for review shall be entitled to a refund of the total
amount paid, less ten (10) percent for administrative costs, upon written
request to the appropriate department. Once distribution for review has
begun, no refund shall be available.
3. Applications sufficient for processing.
a. Applications shall contain all required information listed on forms
available from each department involved in the review process, unless
modified by the department, in writing, pursuant to item b., below.
Incomplete applications shall not be entitled to review.
b. The presumption shall be that all of the information required in the
application forms is necessary to satisfy the requirements of this section.
However, it shall be recognized that each application is unique, and therefore
more or less information may be required according to the needs of the
particular case. The applicant may rely on the recommendations of the
appropriate department as to whether more or less information should be
submitted.
0
C. Once the application has been determined sufficient for processing,
copies of the application shall be distributed by the subdivision agent to the
appropriate reviewing entities.
4. Development review meeting after application submitted.
a. Upon receipt of comments from appropriate review entities, the
subdivision agent may convene a development review meeting including all
appropriate review agencies, which may include the applicant, to ensure
compliance with the following:
1. The applicable requirements of this ordinance;
2. That the applicant has submitted all of the information he/she intends to
submit; and
3. That the application represents precisely and completely what the
applicant proposes to do.
b. Once the subdivision agent deems that all options have been exhausted
to address all review comments and recommendations, and all requirements
have been met, the application shall be placed on the agenda of the
appropriate reviewing board, department, or committee in accordance with
standard procedures. However, if the subdivision agent believes the
application is incomplete, a recommendation to deny the application on that
basis shall be provided to the appropriate board, department, or committee.
5. Related or concurrent applications.
a. Applications for necessarily related development approvals may be
filed and reviewed simultaneously, at the option of the applicant. Any
application that also requires a rezoning shall not be eligible for final
approval until the rezoning has been granted (see section 3.2.3.C, zoning
requirements).
b. Related applications submitted simultaneously are subject to approval
of all other related applications; deferral or denial of any concurrently
submitted application shall stop consideration of any related applications
until the deferred or denied application is resolved.
D. Notice and public hearings.
1. Summary of notice required. ..... Notice shall be required for
applications for development approval as shown in the table below:
Procedure ,Published Posted
Major subdivision - Preliminary plat approval J
Waiver J
Subdivision ordinance text amendment J
2. Public notice requirements.
a. Published notice. ..... Published notice shall be provided in
conformance with Section 15.2-2204 of the Virginia Code. A distinctive
advertisement shall be placed in a local newspaper of general circulation once
a week for two (2) successive calendar weeks, the first notice being published
not more than twenty-one (21) days before the date fixed for the public
hearing and the second notice being published at least five (5) days before the
hearing. At minimum, the notice must contain the following information:
1) The time, date and location of the public hearing;
51
2) A description of the action requested;
3) A phone number to contact the county; and
4) A statement that interested parties may appear at the public hearing.
b. Posted notice...... In addition to notice of hearings as required by the
applicable statutes of the Commonwealth of Virginia, when posted notice is
required, the applicant must erect on or immediately adjacent to the subject
property a sign or signs as specified below giving public notice of the action
required.
1) The sign must meet the following criteria:
[a) Reserved.]
b) The wording, size and color of such sign shall be as specified by the
subdivision agent and approved by the board of supervisors.
c) One (1) sign must be erected so as to be visible and legible to each
abutting public street. Where the property has extensive road frontage, one
(1) sign shall be erected for each five hundred (500) feet of frontage.
d) When a property has no frontage directly on a public street, it shall be
posted adjacent to the nearest public street from which future access is
contemplated.
2) Signs must be erected at least seven (7) calendar days before the
hearing where the application is to be considered and removed by the
applicant within two (2) days after the final public hearing on the application.
3) Signs are required for each hearing at which the application is
considered.
4) It is unlawful for any person to pull down, write on, cut or otherwise
injure or deface required posted notice, which will constitute violation of this
ordinance.
a) The applicant is responsible for the maintenance or replacement of
signs obliterated or destroyed during the posting period.
5) The additional requirements for public notice and posting on the
property are for the benefit of the public to identify the location of the
property in question and advanced knowledge of a hearing only, and is not a
legal requirement of notice. The failure to comply with the provisions herein
does not defeat the action of the approving authority concerning the
application. The only legal notice requirements are those provided by the
statutes of the Commonwealth of Virginia.
3. Constructive notice...... Minor defects in notice shall not impair the
notice or invalidate proceedings pursuant to the notice if a bona fide attempt
has been made to comply with applicable notice requirements.
E. Required hearings and meetings...... A hearing shall be required for
development review as shown in the table below:
Procedure ;Planning ,Board of
'Commission ;Supervisors
Maior subdivision - Preliminary plat Public I Public
approval meeting ;meeting
Waiver Public Public
meeting meeting
Subdivision ordinance text amendment Public hearing Public hearing
52
Appeal of administrative decision Public hearing
F. Notice of decision...... Within fourteen (14) days after a decision is
made, a copy of the decision shall be sent to the applicant.
G. Withdrawal or postponement of application.
1. An applicant may withdraw an application at any time, by filing a
statement of withdrawal with the subdivision agent.
2. The statement of withdrawal shall be signed by all persons who signed
the application, or in the event of death or incompetence, by the estate's
lawful personal representative.
3. An applicant may postpone a scheduled hearing once per application
for up to ninety (90) days after the date the first hearing was scheduled to
occur, after which the subdivision agent may withdraw the application.
3.2.2. Interpretation of this ordinance.
A. Applicability...... When uncertainty exists, the subdivision agent shall
be authorized to make all interpretations concerning the provisions of this
ordinance.
B. Deferral of interpretation. ..... The subdivision agent may defer
interpretations of this ordinance to the appropriate county officials.
C. Application requirements. ..... A request for interpretation shall be
submitted in writing.
D. Action by subdivision agent...... The subdivision agent shall:
1. Review and evaluate the request in light of the text of this ordinance,
the zoning ordinance, the comprehensive plan and any other relevant
information;
2. Consult with the other officials, including the county attorney, as
necessary;
3. Render an opinion; and
4. Cause the interpretation to be provided to the applicant in writing.
E. Official record. ..... The subdivision agent shall maintain an official
record of all interpretations. The record of interpretations shall be available
for public inspection during normal business hours.
F. Appeal...... Final action on an official interpretation of this ordinance
by the subdivision agent (or other administrative official) may be appealed in
accordance with section 3.2.12, appeal of administrative decision.
3.2.3. Subdivision, general.
A. Applicability...... Subdivision review is required for any division of
land within the county. However, certain subdivision activities may be
eligible to receive an exception of compliance from certain requirements of
this ordinance as described in section 3.2.3.13, below.
B. Exception to subdivision requirements.
I. Actions eligible for exception. Upon submittal of a survey plat
prepared by a licensed professional, the subdivision agent may grant an
exception allowing one (1) or more of the following actions without further
compliance with the requirements of this ordinance. However, this shall not
be construed as an exemption from this ordinance.
a. Agricultural, horticultural, or silvicultural...... The division of land into
parcels greater than ten (10) acres for bona fide agricultural, horticultural, or
53
silvicultural purposes where no street right-of-way dedication is involved and
where there is no change in the intensity of use, provided such divisions shall
have the following notation prominently set forth on the recorded plat:
"Residential development on any lots shown will require Residential Zoning
pursuant to Section 3.2.3.0 of the Subdivision Ordinance of Isle of Wight
County, Virginia, as amended."
b. Lots not fronting on a public road.
1) Subject to the required zoning, the division of a tract in single
ownership into two (2) lots not fronting a public road, where a twenty-foot
access easement is provided, and both lots comply with the requirements of
this ordinance.
2) Subject to the required zoning, the division of a tract for commercial
lots not fronting on a public road provided that the lots front on a private road
that is built to the minimum VDOT street standards, and where the private
road shall be maintained by adjacent property owners and guaranteed in
writing with a private road maintenance agreement. This agreement shall be
revised upon any change in ownership and prior to any additional subdivision
approval on lots served by the private road.
C. Boundary line adjustments.
1) The public acquisition of strips of land for the widening or opening of
streets.
2) The combination or recombination of portions of previously
subdivided and recorded lots where the total number of lots does not increase
and each resulting lot conforms to the requirements of this ordinance and
applicable requirements of the zoning ordinance.
3) The plat making the transfer(s) related to the sale, exchange or other
transfer of parcels between adjoining property owners, where it does not
create additional lots or make existing lots of lesser width or area than
required by this ordinance.
4) Boundary line adjustments to any valid and properly recorded plat,
including vacation or alteration, provided the requirements of Section 15.2-
2275 of the Code of Virginia and the following requirements are met:
(a) The adjustment does not result in the creation of irregularly shaped
lots;
(b) The adjustment is executed by the owner or owners of such land as
provided in Section 15.2-2264 of the Code of Virginia;
(c) The adjustment does not result in any new violations to the dimensional
requirements of the zoning ordinance;
(d) The adjustment does not involve the relocation or alteration of streets,
alleys, easements for public passage, or other public areas; and
(e) No easements or utility rights-of-way shall be relocated or altered
without the express written consent of all persons or entities holding any
interest in the easement or rights-of-way.
d. Well lot and pump station lots...... That will be dedicated to the county
upon completion and meet the applicable yard setbacks for the zoning district
of subject lot and applicable screening standards in the zoning ordinance.
e. Family burial plots...... Family burial plots shall meet the requirements
of the zoning ordinance.
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f. Lots with existing established metes and bounds and/or divided by
existing public roads. ..... The agent or his designee may permit the
separation of one (1) parcel from a tract of land without complying with all of
the requirements of this ordinance if it is not in conflict with the general
meaning and purpose of the ordinance.
2. Conditions for exception...... In order to approve an exception from the
requirements of this ordinance, the subdivision agent must find the
following:
a. No subdivision shall result in the creation of a nonconforming lot or
lots as set forth in the zoning ordinance.
b. Where applicable, the recorded plat must include a private easement at
least twenty (20) feet wide for ingress and egress to each lot which does not
abut on an existing public road unless otherwise expressly permitted by this
ordinance. The board of supervisors may require larger or smaller easement
widths in special circumstances.
C. Where applicable, the following language must be prominently set
forth on the face of the recorded plat of survey and added as a covenant in
every deed for every lot in any subdivision in which streets are proposed to
be established to a standard less than those set by VDOT for acceptance as
part of the secondary system:
"a) The streets in this subdivision do not meet the standards necessary for
inclusion in the system of state highways and will not be maintained by the
Virginia Department of Transportation (VDOT) or the County and are not
eligible for rural addition funds or any other funds appropriated by the
General Assembly and allocated by the Commonwealth Transportation
Board; b) It is not the policy of the Board of Supervisors of Isle of Wight
County, Virginia, or VDOT to accept or maintain private streets until the
streets are constructed pursuant to the specifications for construction of
secondary roads as promulgated by VDOT; c) The streets in this subdivision
will have to be constructed in full compliance with VDOT requirements in
effect at the time of the request by the property owners prior to requesting
addition of the street into the State Secondary Road System of Isle of Wight
County. d) It is not the policy of the School Board of Isle of Wight County,
Virginia, to allow school buses to travel on other than publicly maintained
roads."
3. Plat recordation required...... Documents showing lots created with an
exception under this section must be stamped by the subdivision agent noting
their exception, and signed so they may be recorded with the clerk in
conformance with section 3.2.3.1), plat approval and recordation required.
C. Zoning requirements.
1. Residential zoning required. ..... Except as provided below, all
proposed subdivisions for residential purposes must be zoned residential as
defined in section 5.4.2 (RR, NC, SE, SR, UR, VC, PD-R, PD-MH, or PD-
MX) or conditional residential (C-RR, C-NC, C-SE, C-SR, C-UR, C-VC, C-
PD-R, C-PD-MH or C-PD-MX,) pursuant to the zoning ordinance prior to
final subdivision plat approval.
2. Exempt from zoning requirement.
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a. Family member subdivision...... The subdivision agent may waive the
requirement for residential zoning for a subdivision approved as a family
member subdivision (see section 3.2.4).
b. Manufactured home. ..... The subdivision agent may waive the
requirement for residential zoning for the placement of a manufactured house
on a permanent foundation on an existing individual lot located in the rural
agricultural conservation (RAC) district as established in the zoning
ordinance.
C. Clustering/sliding scale "by -right" provisions for single-family
residential development in rural agricultural conservation district as
designated in the Isle of Wight County comprehensive plan...... Under the
sliding scale development provision, a tract of land containing one hundred
(100) contiguous acres or greater zoned rural agricultural conservation will
be allowed four (4) divisions. One (1) additional lot or dwelling unit will be
permitted for every additional forty (40) acres encompassed by the overall
tract. For example, a one hundred forty -acre tract will yield five (5) lots.
Minimum permissible lot sizes shall be encouraged so as not to allow
subdivision development which is land consumptive; however, each lot must
meet the minimum lot requirements for the rural agricultural conservation
(RAC) district.
1. In addition to the base density permitted above and the minimum lot
size, width and frontage requirements of the underlying zoning district, the
following standards shall be met:
a) All residential lots created through the act of subdivision shall be
contiguously grouped and served by one (1) point of access to county roads
and shall comply with section 5.9 (streets) of the Isle of Wight County
Subdivision Ordinance.
b) Residential structures in the subdivision shall be located at least one
hundred (100) feet from the existing county road right-of-way and screened
from the right-of-way by an existing or planted landscaped buffer.
c) All residential structures should be set back at least one hundred (100)
feet from all active farm operations.
d) A central water supply system shall be provided to serve the
subdivisions with over fourteen (14) lots.
e) The maximum lot size for any new lot created shall be ten (10) acres,
unless otherwise approved by the board of supervisors or required by the
county health department.
f) No lot shall be designed, approved or employed for use in which an
area more than thirty (30) percent of the prescribed minimum lot area is
comprised of one (1) or more of the environmentally sensitive areas
referenced in the net developable calculations of the zoning ordinance. This
shall not apply to lots specifically created exclusively to preserve and
maintain environmentally sensitive areas.
g) Lots shall be located to preserve seventy (70) percent of the original
tract size in order to maximize continued use of the residual parcel for
agricultural and silvicultural purposes.
h) All areas not included in Iots or public street rights-of-way shall be
incorporated into common open space and may be used for natural or
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landscaped buffers; agricultural uses including farmland and pasture not
generating noxious odors such as land application of sewage sludge, hog or
poultry farms or similar uses; horticulture; recreational use; historic
preservation; forests; wildlife reservations and conservation areas; private
stables for personal enjoyment; or other similar use.
i) The common open space shall be arranged and designed so as to
facilitate its use, ensure continuity of design, and preserve sensitive
environmental features. Failure to achieve these goals shall be sufficient
reason for the agent to deny applications for open space development plan
approval or require modifications that may include loss of lots.
j) Recreational areas shall not abut the exterior boundary of the open
space development unless entirely adjacent to a publicly-owned facility or
community recreation facility of an adjoining residential development.
k) Adequate pedestrian and bicycle facilities shall be provided which fully
interconnect the development and its recreation areas both internally and with
existing, planned or desirable external pedestrian and bicycle facilities.
1) Final plats recorded and all deeds for lots within the cluster
development shall bear a statement indicating that the land is within an
approved residential cluster subdivision and shall also bear a statement
indicating the ownership status of the development's open space system and
shall reference the covenants creating a property owners' association which
shall also be recorded at the time final plats are put to record.
m) With approval of the planning commission, common open space within
a cluster subdivision may be held by other than a property owner association
for agricultural uses including farmland, pasture, horticulture, recreational
use, historic preservation, forests, wildlife reservations and conservation
areas or other similar use.
n) Family member subdivisions shall be prohibited.
o) Manufactured homes, Class A and B, and residential accessory
apartments shall require a conditional use permit.
D. Plat approval and recordation required.
1. All subdivision plats within the county must be submitted, approved,
and certified by the subdivision agent in conformance with this ordinance
prior to recordation with the clerk of the circuit court of Isle of Wight
County.
2. A plat or other instrument showing the approved division of any land
subdivided within Isle of Wight County shall be recorded with the clerk of
the circuit court of Isle of Wight County within six (6) months of final plat
approval. Plat approval shall be deemed void if the plat is not recorded within
this period, and a new application for final plat approval shall be required
prior to recordation. However, in any case where construction of facilities to
be dedicated for public use has commenced pursuant to an approved plan or
permit with surety approved by the county, or where the developer has
furnished surety to the county by certified check, cash escrow, bond, or letter
of credit in the amount of the estimated cost of construction of such facilities,
the time for plat recordation shall be extended to one (1) year after final
approval or to the time limit specified in the surety agreement approved [by
the] county, whichever is greater. The following language shall be
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prominently stamped on the face of the approved plat and certified by the
subdivision agent:
"This subdivision plat has been found to be in conformance with the Isle of
Wight County Subdivision Ordinance and must be recorded with the Office
of the Clerk of Circuit Court of Isle of Wight County within six months of
the date of approval. Approval will be deemed void after six months and the
plat must be resubmitted for approval.
........
Date of Approval: Subdivision Agent: "
3. No lot shall be transferred by deed in any subdivision before the
subdivision plat has been recorded.
4. No land dedicated to the county, as shown on the plat, shall be accepted
by the county unless and until the agent has accepted the dedication. Such
acceptance of dedication shall be evidenced by signature of the subdivision
agent after the following notation on the recorded plat:
"I, the Director of Planning and Zoning for the Isle of Wight County,
Virginia, as Subdivision Agent, do hereby accept the dedication(s) made to
Isle of Wight County, Virginia, as set forth herein."
5. Other signatures or approval certifications may be required prior to plat
recordation.
3.2.4. Subdivision, family member.
A. The subdivision agent may approve a family member subdivision
subject to the provisions of this section (Section 7-28-1), and any express
requirement contained in the Code of Virginia (see specifically Section 15.2-
2244, et seq. of the Code of Virginia). The purpose of a family member
subdivision may not be to circumvent this ordinance or other county
regulations. To approve an application for family member subdivision, the
subdivision agent must find the following:
1. The property owner requesting the family member subdivision shall
hold fee simple title to the subject property.
2. No person who has previously received land within the county via
family member subdivision is eligible to receive additional land through
family member subdivision.
3. The approval shall include the proposed deed(s) of sale or transfer from
the property owner to the receiving family member.
4. No more than four (4) lots resulting from a single tract may be accessed
from a single easement of right-of-way unless approved by the board of
supervisors upon recommendation from the planning commission. These lots
shall be served by an unobstructed easement of right-of-way of not less than
twenty (20) feet, providing ingress and egress to an improved public street,
and shall be constructed of a compact surface with a minimum depth of four
(4) inches. It is recommended that an additional ten (10) feet of easement be
dedicated for emergency management access to bring the easement width to
thirty (30) feet. The easement of right-of-way shall be maintained by the
owner or owners of the property which is to be served by said easement of
right-of-way. A road maintenance agreement providing for perpetual
maintenance of said easement of right-of-way shall be executed by the parties
to whom the lot(s) created pursuant to this ordinance shall be conveyed. The
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road maintenance agreement shall be approved by the county attorney and
shall be recorded in the clerk's office of the circuit court of Isle of Wight
County at the time of recordation of the plat approved pursuant to the
ordinance. An erosion and sediment control plan may be required depending
on the square footage of land disturbance.
5. Shared driveways shall be required for two (2) or more contiguous lots
resulting from a family member subdivision which shares frontage on a
public road. A shared driveway with a minimum width of twelve (12) feet
must be provided within an unobstructed access easement.
6. No lot shall be designed, approved or employed for use in which an
area more than thirty (30) percent of the prescribed minimum lot area is
comprised of one (1) or more of the environmentally sensitive areas
referenced in the net developable calculations of the zoning ordinance. This
shall not apply to lots created exclusively to preserve and maintain
environmentally sensitive areas, as approved by the zoning administrator.
7. No singular subdivision shall extend over a political boundary line.
8. All applicable requirements of the zoning ordinance, the erosion and
sediment control ordinance, the Isle of Wight County Department of Public
Utilities' Master Water and Sewer Ordinance, and the Chesapeake Bay
Preservation Area Ordinance shall apply.
9. A person receiving land through a family member subdivision may not
sell, transfer, subdivide, or otherwise convey such property for a period of
five (5) years after plat approval; unless:
a. The conveyance or proposed conveyance results from the foreclosure
of a mortgage (deed of trust) lien on the property.
b. The subdivision is directed by court action.
C. Upon application from said recipient, the board of supervisors, upon
recommendation from the planning commission finds at least one (1) of the
following:
i. The proposed conveyance must be made to satisfy a financial
obligation that was not contemplated at the time of the transfer of the lot
through the family member subdivision, and that cannot be satisfied from
other assets.
ii. The property is granted rezoning approval.
d. The board of supervisors may specify additional conditions to be
imposed on a family member subdivision (if an administrative decision goes
through appeal or an exception is sought from the board of supervisors for
sale prior to five (5) years.)
B. Water...... One (1) of the following shall apply:
1. Well water...... The applicant must provide proof that a water source
for the lot has been identified in accordance with the requirements of the
Virginia Department of Health. In such case, the following note must be
placed on the final plat prior to final approval by the subdivision agent:
No zoning permit or building permit shall be issued for any lot until a well or
water source has been approved by the County Health Department.
2. Public water...... Family member subdivisions resulting in more than
four (4) lots may be required to connect to a public water supply system in
accordance with the master water and sewer ordinance. In such case, the
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following note must be placed on the final plat prior to final approval by the
subdivision agent:
Any lot shown on this plat must be served by public water before any use can
be made on such lot. However, NO service has been extended to such lots at
the time of approval of the plat. No zoning permit or building permit shall be
issued for any lot until public water has been extended to such lot in
accordance with the Master Water and Sewer Ordinance. The owner of each
lot shown on this plat shall grant, without compensation, such reasonable
easements as are necessary to permit such extension of public water to all
lots.
C. Sewer.
1. Private individual septic...... Private individual septic systems shall be
designed and constructed to meet the requirements of the Virginia
Department of Environmental Quality, the Virginia Department of Health,
Isle of Wight County Department of Public Utilities, and any other state or
local regulation having authority over such installation, including the zoning
ordinance for alternative discharge sewer disposal systems. The following
note must be placed on the final plat prior to approval from the subdivision
agent:
No zoning permit or building permit shall be issued for any lot until a septic
system has been approved by the County Health Department and any
drainfield is identified on the plat.
Refer to Section 5.13.2 for additional on-site sewage system requirements.
2. Public sewer. ..... Public sewer systems shall be designed and
constructed in accordance with the design standards and specifications for
sewerage construction and improvements in Isle of Wight County, Virginia,
and meeting the approval of the subdivision agent.
D. Recordation and enforcement.
1. The approved family member subdivision plat, road maintenance
agreement (if applicable) and deed(s) of sale or transfer shall be recorded
simultaneously. The family member subdivision approval shall automatically
terminate if all required documents are not filed within six (6) months.
2. The property owner shall place a restrictive covenant on the subdivided
property that would prohibit the transfer of the property to a person other
than the immediate family for which it is created for a period of five (5) years
following the date of subdivision, unless a rezoning is granted.
3. No zoning permit or building permit shall be issued for any lot or
parcel found to be in violation of this ordinance until such violation has been
corrected.
3.2.5. Subdivision, conceptual plan review.
A. Applicability, conceptual plan recommended...... It is recommended,
but not required, that an applicant submit a conceptual plan for review by the
subdivision agent for all subdivision activity. The purpose of this conceptual
plan is to permit the agent to advise the applicant whether the plans are in
general accordance with the requirements of this ordinance and advise the
applicant if it appears that changes would be necessary.
B. Conceptual plan requirements.
1. The conceptual plan shall be drawn on white paper, or on a print of a
topographic map of the property. The conceptual plan must be to drawn to an
acceptable scale. The following are accepted: 1 inch equals 10, 20, 30, 40, 50,
60 or 100 feet.
2. The conceptual plan shall show, in simple sketch/schematic form, the
proposed layout and approximate dimensions of streets, lots, parks,
playgrounds and other features in relation to existing conditions both within
and in the areas surrounding the proposed subdivision. In addition, the plan
should contain the following information:
1) Boundary lines of the subject property.
2) Existing land conditions to include: 1) existing topography at a
maximum of ten -foot contour intervals and 2) soils information.
3) Zoning of the subject property and adjacent parcels.
4) Location of entrances and points of ingress and egress.
5) Distance to the nearest state road intersection.
3. Whenever part of a tract is proposed for platting and it is intended to
subdivide additional parts in the future, a conceptual plan for the entire tract
shall be submitted with the preliminary plat. This plan is merely for
informational purposes and is not binding on the subdivider, subdivision
agent, planning commission, or the board of supervisors.
3.2.6. Subdivision, preliminary plat review and approval.
A. Applicability, preliminary plat required...... A preliminary plat shall be
required for all subdivisions except family member subdivisions (see section
3.2.4, above).
B. Pre -application conference. ..... A pre -application conference is
encouraged for all subdivision applications and may be required (see section
3.2.1.B).
C. Application requirements.
1. General.
a. An application for preliminary plat shall be filed in conformance with
section 3.2.1.C. A Iisting of the minimum required information to be included
in the preliminary plat may be found in article 4, plat requirements and more
specifically in section 4.2.2, preliminary plat requirements.
b. All required application and review fees shall be paid by the applicant
as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as
adopted by the board of supervisors, as it may be amended.
2. Preparer . ..... The preliminary plat shall be prepared by a land surveyor
or other person(s) licensed by the state board for the examination and
certification of architects, professional engineers and land surveyors to do
land surveying as defined by Section 54.1-406 of the Code of Virginia, as
amended, who shall endorse upon each plat a signed certificate setting forth
the source of the title of the land subdivided, and the plat of record of the last
instrument in the chain of title. When the proposed plat is comprised of land
acquired from more than one (1) source of title, the outlines of the several
tracts shall be indicated upon the preliminary plat, within an inset block, or
by means of a dotted boundary line upon the preliminary plat.
3. Owner's statement...... In conformance with Section 15.2-2264 of the
Code of Virginia, every such preliminary plat, or the deed of dedication to
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which the preliminary plat is attached, shall contain a statement to the effect
that the subdivision as it appears on this preliminary plat is with the free
consent and in accordance with the desires of the owners, proprietors and
trustees, if any. This statement shall be signed by the owners, proprietors and
trustees or their duly authorized agent, and shall be duly acknowledged
before some officer authorized to take acknowledgements of deeds. If the
preliminary plat is incorporated by reference to a deed, the signatures of the
owners on the deed will suffice to show that the subdivision is with their free
consent and in accordance with their desires.
D. Subdivision types.
1. Minor subdivisions...... Any subdivision involving fewer than ten (10)
lots which satisfies the following requirements may be considered a minor
subdivision:
a. No new public or private streets are created;
b. No public stormwater facilities for water quality or quantity are
required; and
C. No new public utilities are to be installed.
2. Major subdivisions...... Any subdivision not meeting the definition of
family member subdivision (as defined in section 3.2.4) or minor subdivision
is considered a major subdivision.
3. Cluster/sliding scale "by-right" subdivisions. ..... Any subdivision
meeting the requirements of section 3.2.3.C.
E. Approving authority.
1. Minor subdivision - Administrative approval. ..... The subdivision
agent shall have the authority to approve preliminary plat applications for
minor subdivision (see section 3.2.6.D.1, above).
2. Major subdivision...... The board of supervisors shall be the approving
authority for applications for major subdivision following a recommendation
by the planning commission (see section 3.1.1.A, above).
3. Cluster/sliding scale "by-right" subdivisions - Administrative approval.
..... The subdivision agent shall have the authority to approve cluster/sliding
scale "by-right" applications.
F. Public notice.
1. Public notice shall be provided in conformance with the table in section
3.2.1.D. At minimum, all applications to be acted upon at a hearing before
the planning commission (see section 3.2. LE) shall be advertised.
2. Notification may also be required to the Virginia Department of
Transportation, Isle of Wight County School Board, Isle of Wight County
Health Department, or any other agency with review or approval authority on
the application.
G. Action by subdivision agent.
1. Review agencies (internal and external) shall review the preliminary
plat application to determine whether or not the preliminary plat generally
conforms to the requirements of this subdivision ordinance, the zoning
ordinance, and other applicable rules and regulations, and transmit comments
back to the subdivision agent. This review may include a meeting with the
applicant.
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2. Within sixty (60) days of receipt of a completed application the
subdivision agent shall provide written comments to the applicant stating any
revisions that will be required, and the character and extent of public
improvements that will have to be made. A bona fide estimate of the cost of
construction or improvements must be furnished by the applicant upon
submittal of the construction plan. The amount of the performance bond (if
required) must be reviewed and approved as a prerequisite to approval of the
final plat. In determining the cost of required improvements and the amount
of the performance bond (if required), the agent may consult with a duly
licensed engineer who shall prepare this data for the agent.
3. If the subdivision agent determines that only minor corrections to the
application are required, the agent may approve the preliminary plat (minor
subdivision) with conditions that the corrections be remedied prior to final
plat approval, or schedule the application for review at the next regularly
scheduled planning commission meeting (major subdivision). If required
corrections are extensive, the applicant shall correct the preliminary plat
before further action is taken by the subdivision agent.
H. Action by other review bodies.
1. Upon receipt of a completed application, the subdivision agent shall
transmit copies of the application to all other agencies and entities with
review authority over the proposed subdivision. This may include, but is not
limited to:
a. Isle of Wight County Superintendent of Schools;
b. Isle of Wight County Health Department;
C. Virginia Department of Transportation (VDOT);
d. Virginia Department of Conservation and Recreation (VDCR);
e. Virginia Department of Environmental Quality (VDEQ); and
f. Virginia Marine Resources Commission (VMRC).
It will be the responsibility of the applicant to obtain required permits from
the U.S. Army Corps of Engineers and submit plats to them accordingly.
2. The review body shall review the application for conformance with all
of its pertinent rules and regulations and provide written comments to the
subdivision agent. It is anticipated that external review of an application will
be completed in thirty (30) days or less. However, additional time may be
required due to the scope of complexity of an application. Appeals of
decisions or comments made by external review entities may be taken in the
manner provided by the specific entity.
I. Action by the planning commission (major subdivisions).
1. When all requirements have been met, the preliminary plat application,
along with all review comments, shall be considered by the planning
commission within sixty (60) days unless an extension is requested by the
applicant or as otherwise provided for in the Code of Virginia.
2. After hearing a recommendation from the subdivision agent, the
planning commission shall review the application for compliance with the
adopted Isle of Wight County land use plans, including the comprehensive
plan; proffered conditions; and conformance with the requirements of this
subdivision ordinance, the zoning ordinance, and other applicable rules and
regulations.
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3. The planning commission may make a recommendation to approve the
preliminary plat as is, approve the plat subject to corrections, defer action for
additional information or corrections, or make a recommendation to deny the
application. The subdivision agent shall notify the applicant in writing of the
decision on the application. In the case of conditional approval, deferral, or
denial, the commission shall include the reasons for such action.
4. In the case of a deferral or recommendation for denial, the applicant
may take the application directly to the board of supervisors without taking
corrective action. However, the application shall be deemed to be
recommended for denial by the planning commission in this case.
J. Action by the board of supervisors (major subdivisions).
1. Upon recommendation by the planning commission, the preliminary
plat application, along with all review comments, shall be considered by the
board of supervisors within sixty (60) days unless an extension is requested
by the applicant or as otherwise provided for in the Code of Virginia.
2. After hearing a report from the subdivision agent, the board of
supervisors shall review the application for compliance with the adopted Isle
of Wight County land use plans, including the comprehensive plan; and
conformance with the requirements of this subdivision ordinance, the zoning
ordinance, and other applicable rules and regulations.
3. The board of supervisors may approve the preliminary plat as is,
approve the plat subject to corrections, defer action for additional information
or corrections, or deny the application. The subdivision agent shall notify the
applicant in writing of the decision on the application within ten (10) days of
the hearing. In the case of conditional approval, deferral, or denial, the
subdivision agent shall include the reasons for such action.
K. Appeal.
1. Appeal of subdivision agent decision...... Appeal of a decision by the
subdivision agent may be taken in conformance with section 3.2.12, appeal of
administrative decision.
2. Appeal of board of supervisors' decision...... Appeal of a decision by
the board of supervisors on an application for preliminary plat may be taken
by filing a written petition for certiorari with the circuit court of Isle of Wight
County within sixty (60) days of the action.
L. Revisions to approved preliminary plat.
L The subdivision agent may approve minor revisions to an approved
preliminary plat which do not change the basic street and/or lot
configuration, or result in any changes that would require review by an
external review body (see section 3.2.6.1-1, above).
2. Significant changes to an approved preliminary plat, as determined by
the subdivision agent, shall be resubmitted for review and approval as if a
new application.
M. No guarantee. ..... Preliminary plat approval does not constitute a
guarantee of approval of construction plans or the final plat.
N. Duration of preliminary plat validity...... The applicant shall have not
more than twelve (12) months after receiving official notification concerning
the preliminary plat to file an application for final plat approval with the
subdivision agent in accordance with section 3.2.8, subdivision, final plat.
M
Failure to do so shall make the preliminary plat approval null and void. The
subdivision agent may, on written request by the applicant, grant a one-time
extension of this time limit for up to ninety (90) days.
3.2.7. Construction plans.
A. Applicability. ..... All subdivision activities that will include the
installation of public facilities shall be required to comply with the
requirements of this section.
1. Preparer. ..... The construction plans shall be prepared by a land
surveyor or other person(s) licensed by the state board for the examination
and certification of architects, professional engineers and land surveyors to
do land surveying as defined by Section 54.1-406 of the Code of Virginia.
B. Timing. ..... Subsequent to approval or conditional approval of the
preliminary plat and prior to the submission of the final plat, the applicant
shall submit copies of the construction plans to the subdivision agent for
approval in conformance with county requirements for construction plans (as
established by the county department of planning and zoning). In order to
allow the applicant time for revisions between submittals and sufficient time
for all reviewing agencies to thoroughly review the construction plans, the
plan should be resubmitted as soon as possible following preliminary plat
approval.
C. Application requirements. ..... Applications for construction plan
approval shall be submitted in conformance with section 3.2.1.C. At
minimum, plans shall show the following information:
1. All information contained on the approved preliminary plat (see section
4.2.2).
2. A cross section showing the proposed street construction, depth and
type of base, and type of surface.
3. A profile or contour map showing the proposed grades for the streets
and drainage facilities including elevations of existing and proposed ground
surface at all street intersections and at points of major grade change along
the center line of streets together with proposed grade lines.
4. Proposed connections with existing sanitary sewers and existing water
supply or alternate means of sewage disposal and water supply.
5. Any additional county requirements for construction plans.
D. Action by subdivision agent.
1. The subdivision agent shall distribute the construction plan application
to the applicable review bodies for review and approval.
2. The subdivision agent and other review bodies shall review the
construction plan application for conformance with the approved proffered
conditions, the approved preliminary plat and all other applicable county„
state, and federal requirements.
3. Within sixty (60) days of receipt of the completed application, the
subdivision agent shall provide written comments to the applicant indicating
areas where the application is not conforming with county requirements.
4. The applicant shall have one hundred twenty (120) days to correct the
errors on the application. This time period may be extended by the
subdivision agent for up to sixty (60) days for a total period of up to one
hundred eighty (180) days upon written request by the applicant.
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5. The subdivision agent may approve or deny the application at the end
of the time period.
6. Within forty-five (45) days of receipt of a resubmittal of plans
previously disapproved, the subdivision agent shall provide written
comments to the applicant indicating areas where the application is not
conforming with county requirements, or approval of the plans if applicable.
E. Appeal of subdivision agent decision...... Appeal of a decision by the
subdivision agent (or any other administrative decision) may be taken in
conformance with section 3.2.12, appeal of administrative decision.
F. Duration of construction plan validity...... An approved construction
plan shall remain valid for five (5) years, if:
1. A permit to begin development pursuant to the construction plan, such
as a building permit or zoning permit, has been issued within twelve (12)
months of construction plan approval, and has remained continuously valid;
and
2. Building or land disturbing activity has begun on the property.
3. No major modifications to the layout were made on the final plat that
would affect the construction plan.
G. Record drawings. ..... Upon the satisfactory completion of the
installation of the required improvements shown on the approved
construction plan and profiles, the developer must submit two (2) copies of
the completed record drawings to the subdivision agent.
3.2.8. Subdivision, final plat.
A. Applicability.
1. A final plat shall be required for all subdivisions except family member
subdivisions (see section 3.2.4).
2. In the case of an application for final plat approval for a minor
subdivision (see section 3.2.6.D.1), the subdivision agent may allow the
approved preliminary plat to serve as the final plat provided all required
notes and certifications are inserted in conformance with this section.
B. Application requirements.
1. General.
a. An application for the final plat shall be filed in conformance with
section 3.2.1.C. A listing of the minimum required information to be included
in the preliminary plat may be found in article 4, plat requirements and more
specifically in section 4.2.4, final plat requirements.
b. All required application and review fees shall be paid by the applicant.
A current list of required fees is available from the planning and zoning
department.
2. Preparer . ..... The final plat shall be prepared by a land surveyor or
other person(s) licensed by the state board for the examination and
certification of architects, professional engineers and land surveyors to do
"land surveying" as defined by Section 54.1-406 of the Code of Virginia, as
amended, who shall endorse upon each plat a signed certificate setting forth
the source of the title of the land subdivided, and the plat of record of the last
instrument in the chain of title. When the proposed plat is comprised of land
acquired from more than one (1) source of title, the outlines of the several
tracts shall be indicated upon the final plat, within an inset block, or by
means of a dotted boundary line upon the final plat.
3. Owner's statement...... In conformance with Section 15.2-2264 of the
Code of Virginia, every such final plat, or the deed of dedication to which the
final plat is attached, shall contain a statement to the effect that the
subdivision as it appears on this final plat is with the free consent and in
accordance with the desires of the owners, proprietors and trustees, if any.
This statement shall be signed by the owners, proprietors and trustees or their
duly authorized agent, and shall be duly acknowledged before some officer
authorized to take acknowledgements of deeds. If the final plat is
incorporated by reference to a deed, the signatures of the owners on the deed
will suffice to show that the subdivision is with their free consent and in
accordance with their desires.
C. Approving authority...... The subdivision agent shall be responsible for
final action on all final plat applications.
D. Action by the subdivision agent.
1. Upon receipt of a completed application, the subdivision agent shall
forward the final plat documents to the appropriate entities for review.
2. The subdivision agent shall have sixty (60) days to review the
application and approve the final plat as is, approve it subject to additional
corrections, defer action for additional information and corrections, or deny
it.
3. The final plat shall be approved by the subdivision agent if it meets the
following criteria:
a) Conforms with all of the provisions and requirements of this ordinance,
proffered conditions, the zoning ordinance, and other applicable county rules
and regulations;
b) Conforms with the approved preliminary plat;
c) Conforms with approved construction plans;
d) Required improvements have been satisfactorily installed and
completed or an acceptable performance guarantee has been filed with the
county (see section 3.2.8.E, below).
4. Approved or corrected final plats shall be certified by the subdivision
agent denoting approval.
5. Within forty-five (45) days of receipt of a resubmittal of plans
previously disapproved, the subdivision agent shall provide written
comments to the applicant indicating areas where the application is not
conforming with county requirements, or approval of the plans if applicable.
E. Performance guarantee. ..... In lieu of installing and completing all
required public improvements, the subdivision agent may approve a
performance bond, cash, cash bond, or other acceptable performance
guarantee to cover the costs of necessary improvements.
F. Issuance of required permits...... Upon construction plan approval by
all pertinent authorities and receipt of required bond amounts, the applicant
may apply for the necessary permits to begin site work and the installation of
improvements. All site work shall be performed in compliance with the
approved construction plan, the requirements of this ordinance, and other
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applicable county, state, or federal regulations. No required permit may be
issued prior to construction plan approval.
G. Appeal of subdivision agent decision.
1. If the final plat is deferred or denied, the subdivision agent shall notify
the applicant (in writing) of the reasons for deferral or denial. The applicant
may appeal a decision to defer or deny in conformance with section 3.2.12,
appeal of administrative decision.
2. Nothing in this section shall be interpreted so as to preclude the filing
of a new final plat application for the same property if no appeal is pending
and if the corresponding preliminary plat remains valid.
H. Expiration of approval...... An approved final plat shall be recorded by
the subdivider in the office of the clerk of the circuit court of Isle of Wight
County within six (6) months of the date of final approval, or it is void (see
section 3.2.3.D, plat approval and recordation required).
I. Duration of plat validity.
1. Generally...... In compliance with Section 15.2-2261 of the Code of
Virginia, an approved final plat which has been properly recorded in the
office of the clerk of the circuit court of Isle of Wight County shall remain
valid for a period of five (5) years from the date of final plat approval.
2. Specifically.
a. The subdivider or developer may submit a written request for an
extension of the expiration period if the request is submitted prior to the end
of the initial period of validity. The planning commission may grant one (1)
extension for a period of up to one (1) year taking into consideration the size
and phasing of the proposed development, and the laws, ordinances and
regulations in effect at the time of the request for an extension.
b. Application for minor modifications to a recorded plat made during the
period of validity does not constitute a waiver of the terms of plat validity nor
does the approval of minor modifications extend the period of validity of a
plat.
C. Nothing contained in this section shall be construed to affect:
1) The authority of the county to impose valid conditions upon approval
of any special use permit, conditional use permit or special exception;
2) The application of the Chesapeake Bay Preservation Ordinance (or
other County ordinances adopted pursuant to the Chesapeake Bay
Preservation Act) to individual lots on recorded plats; or
3) The application of any county ordinance adopted to comply with the
requirements of the federal Clean Water Act to individual lots on recorded
plats.
3.2.9. Vacation of plat.
A. Generally...... Any recorded final plat or portion of a recorded final
plat, or any interest in streets, alleys, easements for public rights of passage,
or easements for drainage granted to the board of supervisors as a condition
of the approval, may be vacated according to the provisions of Sections 15.2-
2270 through 15.2-2278 of the Code of Virginia.
B. Specifically.
1. Any interest in streets, alleys, easements for public rights of passage,
easements for drainage, and easements for a public utility as a condition of
approval may be vacated in conformance with Section 15.2-2270 of the Code
of Virginia.
2. Plats may be vacated before the sale of lots in conformance with
Section 15.2-2271 of the Code of Virginia.
3. Plats may be vacated after the sale of lots in conformance with Sections
15.2-2272 and 15.2-2274 of the Code of Virginia.
4. Boundary lines may be vacated in conformance with [section] 3.2.3.13,
waiver of subdivision requirements, and Section 15.2-2275 of the Code of
Virginia provided the vacation does not involve the relocation or alteration of
streets, alleys, easements for public passage, or other public areas.
5. A plat of subdivision may be vacated in conformance with Section
15.2-2278 of the Code of Virginia.
C. Approving authority...... The board of supervisors shall serve as the
approving authority for all plat vacation applications.
D. Application requirements. ..... An application for vacation of plat
approval shall be filed in conformance with section 3.2.1.C.
E. Action by the subdivision agent.
1. Upon receipt of a completed application, the subdivision agent shall
forward the application documents to the appropriate entities for review.
2. The subdivision agent shall have sixty (60) days to review the
application and approve the application as is, defer action for additional
information and corrections, or deny it.
3. Approved applications shall be certified by the subdivision agent in
writing.
F. Appeal of subdivision agent decision...... If an application is deferred
or denied, the subdivision agent shall notify the applicant (in writing) of the
reasons for deferral or denial. The applicant may appeal a decision to defer or
deny in conformance with section 3.2.12, appeal of administrative decision.
G. Duty of the clerk...... Upon receipt of an approved and certified plat
vacation, the clerk of circuit court of Isle of Wight County shall write in plain
legible letters across such plat, or the part thereof so vacated, the word
"vacated," and also make a reference on the plat to the volume and page in
which the instrument of vacation is recorded (see Section 15.2-2276 of the
Code of Virginia).
3.2.10. Waiver.
A. Applicability...... The board of supervisors may consider waivers from
certain requirements of this ordinance where the strict application of the
requirement would cause unnecessary hardship to the subdivider.
B. Application requirements...... A request for a waiver shall be filed in
conformance with section 3.2.1.C.
C. Action by the subdivision agent...... The subdivision agent shall review
the request and place the completed application and the agent's
recommendation on the next available board of supervisors meeting agenda.
D. Action by the board of supervisors.
1. The subdivision agent shall present the application at the board of
supervisors meeting.
2. The applicant shall be present at the meeting to respond to questions.
3. Following the hearing on the application, the board of supervisors may
approve, approve with conditions, deny, or continue an application.
E. Criteria for waiver...... To approve a request for waiver, the board of
supervisors shall make an affirmative finding that all of the following criteria
are met:
1. That granting the waiver will not have an adverse impact on land use
compatibility;
2. That strict adherence to the general regulations would result in
substantial injustice or hardship;
3. The waiver has not been opposed in writing by the county, VDOT
engineer, or health official;
4. That granting the administrative waiver shall be consistent with the
purposes and intent of this ordinance.
3.2.11. Ordinance text amendment.
A. Applicability.
1. The board of supervisors shall consider amendments to the text of this
ordinance, as may be required from time to time.
2. Amendments to the text of this ordinance shall be made in accordance
with the provisions of this section and Section 15.2-2223 et seq. of the Code
of Virginia.
3. A request to amend the text of this ordinance may be initiated by the
board of supervisors, the planning commission, the subdivision agent, or a
citizen.
B. Action by the subdivision agent. ..... The subdivision agent shall
prepare a staff report that reviews the proposed text amendment request in
light of any applicable plans and the general requirements of this ordinance.
C. Action by the planning commission.
1. General procedures.
a. Before making any recommendation on a text amendment, the planning
commission shall consider any recommendations from the subdivision agent,
and shall conduct a public hearing where interested parties may be heard.
b. Notice and public hearing requirements shall be in accordance with
section 3.2.1.D, notice and public hearings.
C. The commission shall make its recommendation within ninety (90)
days of its initial public hearing.
d. When a recommendation is not made within the time period, the board
of supervisors may process the request without a commission
recommendation.
2. Changed application...... If the applicant makes significant changes to
the application for a text amendment after the commission has made its
recommendation, the subdivision agent may refer the modified request back
to the commission for an additional public hearing.
D. Action by the board of supervisors.
1. Before taking action on a text amendment, the board of supervisors
shall consider the recommendations of the planning commission and
subdivision agent, and shall conduct a public hearing.
2. Notice and public hearing requirements shall be in accordance with
section 3.2.1.13, notice and public hearings.
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3. Following the public hearing, the board of supervisors may approve the
amendment, deny the amendment, or send the amendment back to the
planning commission or a committee of the board of supervisors for
additional consideration.
3.2.12. Appeal of administrative decision.
A. Applicability...... An appeal by any person aggrieved by a final order,
interpretation or decision of the administrative official authorized to make
decisions in regard to the provisions of this ordinance may be taken to the
board of supervisors, except as otherwise provided in this ordinance.
B. Application requirements.
1. An appeal of an administrative decision shall be taken by filing a
written notice of appeal specifying the grounds for the appeal with the
subdivision agent and the board of supervisors.
2. An application for an appeal of an administrative decision shall be filed
with the planning and zoning department in accordance with section 3.2.1.C,
application requirements.
3. A notice of appeal of an administrative decision shall be considered
filed when a complete application is delivered to the subdivision agent.
C. Deadline for submission of application...... Unless specified otherwise,
an appeal of an administrative decision shall be filed with the board of
supervisors within thirty (30) days of receipt of the decision.
D. Notice and public hearings. ..... Upon receipt of a completed
application, the subdivision agent shall schedule a public hearing at the first
available board of supervisors meeting and give public notice as set forth in
section 3.2.1.D, notice and public hearings.
E. Action by the subdivision agent. ..... The subdivision agent shall
transmit to the board of supervisors all the papers constituting the record of
the action being appealed.
F. Action by board of supervisors.
1. The board of supervisors may reverse or affirm (wholly or partly) or
may modify the order, requirement, decision, or determination being
appealed and shall make any order, requirement, decision or determination
that in its opinion ought to be made in the case before it. To this end, the
board of supervisors shall have all the powers of the official being appealed.
2. If a motion to reverse or modify is not made, or fails to receive the
necessary number of votes to overturn the decision, then appeal shall be
denied.
3. Any motion to overturn or modify a decision shall state the specific
reasons or findings of fact that support the motion.
G. Effect of appeal.
1. An appeal shall stay all further activity resulting from the action
appealed, unless the administrative official being appealed certifies to the
board of supervisors that a stay would, in his or her opinion, cause imminent
peril to life or property or that because the appeal is transitory in nature a stay
would seriously interfere with the effective enforcement of this ordinance.
2. An appeal shall not stop action lawfully approved (including
construction activities authorized by a building permit); only actions
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impacted by the appeal and presumed in violation of this ordinance are
stayed.
H. Appeal of elected official decision. ..... Appeal of the board of
supervisors' action under this subsection may be taken by filing a petition for
certiorari with the circuit court for Isle of Wight County. (Ord. No. 2011-15-
C, 8-4-11; Ord. No. 2012-11-C, 10-18-12; 5-1-14.)
The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Alphin called for a public hearing on the following:
D. Ordinance to Amend and Reenact Appendix B. Zoning: Article 1,
General Provisions; Article 11, Interpretations and Basic Definitions of
the Isle of Wight County Code per Updates Enacted by the State
Legislature
Mr. Rudnicki provided an overview of the proposed amendments; the
Planning Commission's recommendation of approval by a vote of (8-0); and,
staff's recommendation of approval as presented.
Chairman Alphin called for persons to speak in favor of or in opposition to
the proposed amendments.
No one appeared and spoke.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Supervisor Casteen moved that the following Ordinance be adopted:
An Ordinance to Amend and Reenact the Isle of Wight County Code by
Amending and Reenacting the Following Articles of Appendix B, Zoning:
Article I, General Provisions; Article II, Interpretations and Basic
Definitions; in order to make legislative updates from the State
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has
the legislative authority to make reasonable changes to the ordinances that
govern the orderly growth and development of Isle of Wight County; and
W
WHEREAS, the Isle of Wight County Board of Supervisors is also
concerned about the compatibility of uses on public and private lands within
Isle of Wight County and seeks to allow flexibility in the administration of
the ordinance regulations while protecting the health, safety, and general
welfare of present and future residents and businesses of the County.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Article I, General Provisions,
Section 1-1019, Provisions for appeals, variances, and interpretations; and
Article II, Interpretations and Basic Definitions, Section 2-1002, Definitions
of the Isle of Wight County Code be amended and reenacted as follows:
Sec. 1-1019. Provisions for appeals, variances, and interpretations.
A. Boards of zoning appeals generally.
(1) A board of zoning appeals, as provided for in Section 15.2-2308 of the
Code of Virginia (1950), as amended, consisting of five (5) residents of
the County of Isle of Wight, shall be appointed by the circuit court
judge of the County of Isle of Wight.
(2) The terms of office shall be for five (5) years provided, however, that
the members serving on the board of zoning appeals on the effective
date of this ordinance shall continue on such board and shall serve for
their remaining respective terms. The secretary of the board of zoning
appeals shall notify the court at least thirty (30) days in advance of the
expiration of any term of office, and shall also notify the court
promptly if any vacancy occurs. Appointments to fill vacancies shall be
only for the unexpired portion of the term. Members may be
reappointed to succeed themselves. Members of the board shall hold no
other public office in the County of Isle of Wight except that one (1)
may be a member of the planning commission of the County of Isle of
Wight. A member whose term expires shall continue to serve until his
successor is appointed and qualifies.
(3) The board shall elect from its own membership its officers who shall
serve annual terms as such and may succeed themselves. For the
conduct of the hearing and the taking of any action, the quorum shall
not be less than a majority of all the members of the board. The board
may make, alter and rescind rules and forms for its procedures,
consistent with the ordinances of the County of Isle of Wight and the
general laws of the Commonwealth of Virginia. The board shall keep a
full public record of its proceedings and shall submit a report of its
activities to the governing body at least once each year.
(4) Within the limits of funds appropriated by the governing body, the
board may employ or contract for secretaries, clerks, legal counsel,
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consultants, and other technical and clerical services. Members of the
board may receive such compensation as may be authorized by the
governing body.
(5) Any board member may be removed for malfeasance, misfeasance or
nonfeasance in office, or for other just cause, by the court, which
appointed him, after a hearing held following at least fifteen (15) days'
notice.
B. Powers of the board of zoning appeals . ..... The board of zoning appeals
shall have the following powers and duties:
(1) To hear and decide appeals from any order, requirement, decision or
determination made by an administrative officer in the administration
or enforcement of this article or of any ordinance adopted pursuant
thereto. The decision on such appeal shall be based on the board's
judgement of whether the administrative officer was correct. The
determination of the administrative officer shall be presumed to be
correct. At a hearing on an appeal, the administrative officer shall
explain the basis for his determination after which the appellant has the
burden of proof to rebut such presumption of correctness by a
preponderance of the evidence. The board shall consider any applicable
ordinances, laws, and regulations in making its decision. For purposes
of this section, determination means any order, requirement, decision or
determination made by an administrative officer. Any appeal of a
determination to the board shall be in compliance with this section,
notwithstanding any other provision of law, general or special.
(2) Notwithstanding any other provision of law, general or special, to grant
upon appeal or original application in specific cases a variance, that
the burden of proof shall be on the applicant for a variance to prove by
a preponderance of the evidence that his application meets the standard
for a variance and the criteria set out in this section. Notwithstanding
any other provision of law, general or special, a variance shall be
granted if the evidence shows that the strict application of the terms of
the ordinance would unreasonably restrict the utilization of the
property or that the granting of the variance would alleviate a hardship
due to a physical condition relating to the property or improvements
thereon at the time of the effective date of the ordinance, and
a. The property interest for which the variance is being
requested was acquired in good faith and any hardship was
not created by the applicant for the variance;
b. The granting of the variance will not be of substantial
detriment to adjacent property and nearby properties in the
proximity of that geographical area;
C. The condition or situation of the property concerned is not
of so general or recurring a nature as to make reasonably
4
practicable the formulation of a general regulation to be
adopted as an amendment to the ordinance;
d. The granting of the variance does not result in a use that is
not otherwise permitted on such property or a change in the
zoning classification of the property; and
C. The relief or remedy sought by the variance application is
not available through a special exception process that is
authorized in the ordinance pursuant to Section 15.2-
2309 of the Code of Virginia or the process for
modification of a zoning ordinance pursuant to
Section 15.2-2286 of the Code of Virginia at the time of the
filing of the variance application.
No variance shall be considered except after notice and hearing as required
by Section 15.2-2204 of the Code of Virginia. However, when giving any
required notice to the owners, their agents or the occupants of abutting
property and property immediately across the street or road from the property
affected, the board may give such notice by first-class mail rather than by
registered or certified mail. In granting a variance, the board may impose
such conditions regarding the location, character, and other features of the
proposed structure or use as it may deem necessary in the public interest, and
may require a guarantee or bond to ensure that the conditions imposed are
being and will continue to be complied with. Notwithstanding any other
provision of law, general or special, the property upon which a property
owner has been granted a variance shall be treated as conforming for all
purposes under state law and local ordinance; however, the structure
permitted by the variance may not be expanded unless the expansion is
within an area of the site or part of the structure for which no variance is
required under the ordinance. Where the expansion is proposed within an
area of the site or part of the structure for which a variance is required, the
approval of an additional variance shall be required.
(3) To hear and decide appeals from the decision of the zoning
administrator after notice and hearing as provided by Section 15.2-
2204 of the Code of Virginia. However, when giving any required
notice to the owners, their agents or the occupants of abutting property
and property immediately across the street or road from the property
affected, the board may give such notice by first-class mail rather than
by registered or certified mail.
(4) To hear and decide applications for interpretation of the district map
where there is any uncertainty as to the location of a district boundary.
After notice to the owners of the property affected by the question, and
after public hearing with notice as required by Section 15.2-2204 of the
Code Virginia, the board may interpret the map in such way as to carry
out the intent and purpose of the ordinance for the particular section or
district in question. However, when giving any required notice to the
owners, their agents or the occupants of abutting property and property
immediately across the street or road from the property affected, the
75
board may give such notice by first-class mail rather than by registered
or certified mail. The board shall not have the power to change
substantially the locations of district boundaries as established by
ordinance.
(5) No provision of this section shall be construed as granting the board the
power to rezone property or to base board decisions on the merits of the
purpose and intent of local ordinances duly adopted by the governing
body.
(6) To hear and decide applications for special exceptions as may be
authorized in the ordinance. The board may impose such conditions
relating to the use for which a permit is granted as it may deem
necessary in the public interest, including limiting the duration of a
permit, and may require a guarantee or bond to ensure that the
conditions imposed are being and will continue to be complied with.No
special exception may be granted except after notice and hearing as
provided by Section 15.2-2204 of the Code of Virginia. However,
when giving any required notice to the owners, their agents or the
occupants of abutting property and property immediately across the
street or road from the property affected, the board may give such
notice by first-class mail rather than by registered or certified mail.
(7) To revoke a special exception previously granted by the board of zoning
appeals if the board determines that there has not been compliance with
the terms or conditions of the permit. No special exception may be
revoked except after notice and hearing as provided by Section 15.2-
2204 of the Code of Virginia. However, when giving any required
notice to the owners, their agents or the occupants of abutting property
and property immediately across the street or road from the property
affected, the board may give such notice by first-class mail rather than
by registered or certified mail. If a governing body reserves unto itself
the right to issue special exceptions pursuant to Section 15.2-2286 of
the Code of Virginia, and, if the governing body determines that there
has not been compliance with the terms and conditions of the permit,
then it may also revoke special exceptions in the manner provided.
(8) The board by resolution may fix a schedule of regular meetings, and
may also fix the day or days to which any meeting shall be continued if
the chairman, or vice-chairman if the chairman is unable to act, finds
and declares that weather or other conditions are such that it is
hazardous for members to attend the meeting. Such finding shall be
communicated to the members and the press as promptly as possible.
All hearings and other matters previously advertised for such meeting
in accordance with § 15.2-2312 shall be conducted at the continued
meeting and no further advertisement is required.
C. Appeals.
(1) An appeal to the board may be taken by any person aggrieved or by any
officer, department, board or bureau of the county or municipality
76
affected by any decision of the zoning administrator or from any order,
requirement, decision or determination made by any other
administrative officer in the administration or enforcement of this
article or any ordinance adopted pursuant thereto. Any written notice of
a zoning violation or a written order of the zoning administrator dated
on or after July 1, 1993, shall include a statement informing the
recipient that he may have a right to appeal the notice of a zoning
violation or a written order within thirty (30) days in accordance with
this section, and that the decision shall be final and unappealable if not
appealed within thirty (30) days. The appeal period shall not commence
until such statement is given. Such appeal shall be taken within thirty
(30) days after the decision appealed from by filing with the zoning
administrator, and with the board, a notice of appeal specifying the
grounds thereof. The zoning administrator shall forthwith transmit to
the board all the papers constituting the record upon which the action
appealed from was taken.
(2) An appeal shall stay all proceedings in furtherance of the action
appealed from unless the zoning administrator certifies to the board that
by reason of facts stated in the permit a stay would, in his opinion, cause
imminent peril to life or property, in which case proceedings shall not
be stayed otherwise than by a restraining order granted by the board or
by a court of record, on application and on notice to the zoning
administrator and for good cause shown.
(3) In no event shall a written order, requirement, decision or determination
made by the zoning administrator or other administrative officer be
subject to change, modification or reversal by any zoning administrator
or other administrative officer after sixty (60) days have elapsed from
the date of the written order, requirement, decision or determination
where the person aggrieved has materially changed his position in good
faith reliance on the action of the zoning administrator or other
administrative officer unless it is proven that such written order,
requirement, decision or determination was obtained through
malfeasance of the zoning administrator or other administrative officer
or through fraud. The sixty-day limitation period shall not apply in any
case where, with the concurrence of the attorney for the governing
body, modification is required to correct clerical errors.
(4) In any appeal taken pursuant to this section, if the board's attempt to
reach a decision results in a tie vote, the matter may be carried over
until the next scheduled meeting at the request of the person filing the
appeal.
D. Variances.
(1) The board of zoning appeals is authorized to grant variances from the
strict application of these regulations when a property owner can show
that his property was acquired in good faith and where by reason of the
exceptional narrowness, shallowness, size or shape of a specific piece
of property at the time of the effective date of this ordinance, or where
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by reason of exceptional topographic conditions or extraordinary
situation or condition of such piece of property, or of the use or
development of property immediately adjacent thereto, the strict
application of the terms of this ordinance would unreasonably restrict
the utilization of the property, as distinguished from a special privilege
or convenience sought by the applicant; provided, that all variances
shall not be contrary to the purpose of this ordinance.
(2) The board of zoning appeals shall not authorize a variance unless it
finds:
(A) That the strict application of this ordinance would unreasonably restrict
the utilization of the property;
(B) That such restriction is not shared generally by other properties in the
same zoning district and the same vicinity;
(C) That the authorization of such variance will not be of substantial
detriment to adjacent property and that the character of the district will
not be changed by the granting of the variance;
(D) No such variance shall be authorized except after notice and hearing as
required by Sections 15.2-2204(A), 15.2-431 of the Code of Virginia
(1950), as amended.
(E) No variance shall be authorized unless the board of zoning appeals finds
that the condition or situation of the property concerned or the intended
use of the property is not of so general or recurring a nature as to make
reasonably practicable the formulation of a general regulation to be
adopted as an amendment to this ordinance.
(F) In authorizing a variance, the board of zoning appeals may impose such
conditions regarding the location, character, and other features of the
proposed structure for use as it may deem necessary in the public
interest, and may require a guarantee or bond to ensure that the
conditions imposed are being and will continue to be complied with.
(G) A variance may be issued for a specified duration or an indefinite
duration.
(H) The granting of a variance does not exempt the applicant from
complying with all other requirements of this ordinance or any
applicable county, state, or federal law.
(3) Whenever the board of zoning appeals disapproves an application for a
variance on any basis other than the failure of the applicant to submit a
complete application, such action may not be reconsidered by the
respective board for a period of one (1) year unless the applicant clearly
demonstrates that:
(A) Circumstances affecting the property which is the subject of the
application have substantially changed; or
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(B) New information is available that could not with reasonable diligence
have been presented at a previous hearing. A request to be heard on this
basis must be filed with the zoning administrator. Such a request does
not extend the period within which an appeal must be taken.
(C) The board of zoning appeals may at any time consider a new application
affecting the same property as an application previously denied. A new
application is one that differs in some substantial way from the one
previously considered, as determined by the zoning administrator.
(4) The burden of presenting evidence sufficient to allow the board of
zoning appeals to reach a favorable conclusion, as well as the burden of
persuasion on those issues referenced herein, remains the responsibility
of the applicant seeking the variance.
E. Interpretations.
(1) The board of zoning appeals is authorized to interpret the zoning map
and to pass upon disputed questions of lot or zoning boundary lines and
similar questions. If such questions arise in the context of an appeal
from a decision of the zoning administrator, they shall be handled as
provided in subsection 1-1019.C, appeals.
(2) An application for a map interpretation shall be submitted to the board
of zoning appeals by filing a copy of the application with the zoning
administrator. The application shall contain sufficient information to
enable the board to make the necessary interpretation.
(3) Where uncertainty exists as to the boundaries of zones as shown on the
official zoning map, the following rules shall apply:
(A) Boundaries indicated as approximately following the centerline of
alleys, streets, highways, streams, or railroads shall be construed to
follow such centerline.
(B) Boundaries indicated as approximately following lot lines, corporate
limits of a municipality and county boundary lines shall be construed as
following such lines, limits or boundaries.
(C) Boundaries indicated as following shorelines shall be construed to
follow such shorelines, and in the event of change in the shoreline shall
be construed as following such shorelines.
(D) Where a zoning boundary divides a lot or where distances are not
specifically indicated on the official zoning map, the boundary shall be
determined by measurement, using the scale of the official zoning map.
(E) Where any street or alley is hereafter officially vacated or abandoned,
the regulations applicable to each parcel of abutting property shall apply
to that portion of such street or alley added thereto by virtue of such
vacation or abandonment.
(4) Interpretations of the location of floodway and floodplain boundary
lines or boundaries shall be made by the zoning administrator.
F. Hearing required on appeals and variances.
(1) Before making a decision on an appeal or an application for a variance,
the board of zoning appeals shall hold a hearing on the appeal or
application and shall give due notice to the parties of interest a public
notice as required by Sections 15.2-431, 15.2-2204(A) of the Code of
Virginia (1950), as amended.
(2) The board of zoning appeals shall fix a reasonable time for the hearing
of an application or appeal, give public notice thereof as well as due
notice to the parties in interest and decide the same within ninety (90)
days of the filing of the application or appeal. In exercising its powers
the board may reserve or affirm, wholly or partly, or may modify an
order, requirement, decision or determination appealed from. The
concurring vote of a majority of the membership of the board members
shall be necessary to reverse any order, requirement, decision or
determination of an administrative officer or to decide in favor of the
applicant on any matter upon which it is required to pass under the
ordinance or to effect any variance from the ordinance. The board shall
keep minutes of its proceedings and other official actions, which shall
be filed in the office of the zoning administrator and shall be public
record. The chairman of the board, or in his absence the vice-chairman,
may administer oaths and compel the attendance of witnesses.
(3) The hearing shall be open to the public and all people aggrieved by the
outcome of the appeal or application shall be given an opportunity to
present testimony and ask questions of persons who testify.
(4) The board of zoning appeals may continue the hearing until a
subsequent meeting and may keep the hearing open to take additional
information up to the point a final decision is made. In no event shall a
continuance of the hearing extend the time frame for rendering a
decision beyond the maximum days permitted by statute and subsection
F(2), hearing required on appeals, and variances of this ordinance.
G. Appeal of decision of board of zoning appeals.
(1) Any person or persons jointly or severally aggrieved by a decision of
the board of zoning appeals, or any taxpayer or any officer, department,
board or bureau of the county may present to the Circuit Court of the
County of Isle of Wight a petition specifying the grounds on which
aggrieved within thirty (30) days after the final decision by the board of
zoning appeals.
(2) Upon the presentation of such petition, the court shall allow a writ of
certiorari to review the decision of the board of zoning appeals and
shall prescribe therein the time within which a return thereto must be
made and served upon the realtor's attorney, which shall not be less
than ten (10) days and may be extended by the court. The allowance of
the writ shall not stay proceedings upon the decision appealed from,
but the court may, on application, on notice to the board and on due
cause shown, grant a restraining order.
(3) The board of zoning appeals shall not be required to return the original
papers acted upon by it, but it shall be sufficient to return certified or
sworn copies thereof or of such portions thereof as may be called for by
such writ. The return shall concisely set forth such other facts as may
be pertinent and material to show the ground of the decision appealed
from and shall be verified.
(4) The court may reverse or affirm, wholly or partly, or may modify the
decision brought up for review.
(5) Costs shall not be allowed against the board, unless it shall appear to the
court that it acted in bad faith or with malice in making the decision
appealed therefrom.
H. Taxes and fees must be paid.
(1) Taxes...... All real estate taxes and any outstanding fees or charges must
be current at such time an application is submitted for all variance or
appeal.
(2) Fees...... An application for a variance or appeal shall be accompanied
by the prescribed application fee in accordance with Table 3 (Isle of
Wight County Fee Schedule). No application shall be considered
complete until the fee is paid.
(3) Fees for engineering/consultant review...... If, in the discretion of the
county review of any request for a variance or appeal by any outside
engineering firm or other consultant expert in the field of the request is
deemed necessary, the landowner/applicant shall be required to pay the
fee for such review prior to consideration of the request by the county.
(7-7-05; 9-24-09; Ord. No. 2011-14-C, 8-4-11; Ord. No. 2013-3-C, 4-
18-13.)
Sec. 2-1002. Definitions.
When used in this ordinance the following terms shall have a meaning as
ascribed herein:
Abutting.\ Having a common border with, or being separated from such
common border by right-of-way, alley or easement.
Access, pedestrian.\ The right to cross between public and private property,
allowing pedestrians to enter and leave property.
Access, vehicular.\ A means of vehicular approach or entry to or exit from
property, from a street or highway.
Accessory building.\ A subordinate building customarily incidental to and
located upon the same lot occupied by the main building. When an accessory
building is attached to the principal building in a substantial manner, as by a
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wall or roof, such accessory building shall be considered a part of the
principal building.
Accessory use.\ A use customarily incidental and subordinate to, and on the
same lot as a principal use.
Administrator.\ See "zoning administrator."
Alley.\ A right-of-way that provides secondary service access for vehicles to
the side or rear of abutting properties.
Alteration.\ Any change or rearrangement of supporting members of an
existing building, such as bearing walls, columns, beams, girders or interior
partitions, as well as any change in doors or windows or any enlargement to
or diminution of a building or structure, whether horizontally or vertically, or
moving of a building or structure from one (1) location to another.
Alternate discharge sewage system.\ Any device or system which results in a
point source surface discharge of treated sewage with flows less than or equal
to one thousand (1,000) gallons per day on a yearly average. These systems
are regulated by the Virginia Department of Health and under a general
Virginia Pollution Discharge Elimination System (VPDES) permit issued by
the Virginia Department of Environmental Quality (DEQ).
Amend\ or amendment. Any repeal, modification or addition to a regulation;
any new regulation: any change in the number, shape, boundary or area of a
zone or zoning district; or any repeal or abolition of any map, part thereof or
addition thereto.
Amenity space.\ Space devoted to such uses as uncovered open space for
public enjoyment consisting of such things as, but not limited to: green areas,
gardens, malls, plazas, walks, pathways, promenades, arcades, lawns,
fountains, decorative plantings, passive or active recreational areas. Such
space shall not include parking or maneuvering areas for vehicles. Area
devoted to this purpose shall be easily and readily accessible to the public or
residents of the development. In areas where pedestrian walkways are shown
on an approved and adopted master plan such area within the percentage
required for amenity space as is necessary shall be devoted to the provision
of pedestrian walkways or paths for general public use.
Anchor store.\ A store that acts as the major retailer and brings in the
majority of business within a shopping center, mall or similar commercial
complex.
Antenna.\ A device in which the surface is used to capture an incoming
and/or transmit an outgoing radio-frequency signal. Antennas shall include
the following types:
1. Omnidirectional (or "whip") antenna...... An antenna that receives and
transmits signals in a 360 -degree pattern.
M
2. Directional (or "panel") antenna. ..... An antenna that receives and
transmits signals in a directional pattern typically encompassing an arc of one
hundred twenty (120) degrees.
3. Dish (or parabolic) antenna...... A bowl shaped device, less than two (2)
meters in diameter, that receives and transmits signals in a specific
directional pattern.
Arcade.\ A covered passage having an arched roof.
Attic.\ The area between roof framing and the ceiling of the rooms below that
is not habitable, but may used for storage or mechanical equipment.
Improvement to habitable status shall make it a story.
Automobile.\ See "motor vehicle."
Automobile wrecking yard.\ Automobile wrecking yard shall mean any lot or
place which is exposed to the weather and upon which more than two (2)
vehicles of any kind that are incapable of being operated and which it would
not be economically practical to make operative, are placed, located or found
for a period exceeding thirty (30) days. The movement or rearrangement of
such vehicles within an existing lot or facility shall not render this definition
inapplicable. (See also scrap and salvage services in section 3-700.)
Base density.\ The maximum number of dwelling units permitted outright by
a particular land -use classification.
Base flood\ The flood having a one (1) percent chance of being equaled or
exceeded in any given year.
Base flood elevation.\ The Federal Emergency Management Agency
designated one percent annual chance water surface elevation. The water
surface elevation of the base flood in relation to the datum specified on the
community's flood insurance rate map. For the purposes of this ordinance, the
base flood is one hundred -year flood or one (1) percent annual chance flood.
Basement.\ That portion of a building that is partly or completely below
grade. A basement shall be counted as a story if its ceiling is over six (6) feet
above the average level of the finished ground surface adjoining the exterior
walls of such story, or if it is used for business or dwelling purposes. For the
purposes of floodplain management, any area of the building having its floor
subgrade (below ground level) on all sides.
Billboard.\ See "sign, billboard."
Block.\ That property abutting one (1) side of a street and lying between the
two (2) nearest intersecting streets or the nearest intersecting street and
railroad right-of-way, river, or between any of the foregoing and any other
manmade or natural barrier to the continuity of development.
Board of supervisors.\ Governing body of Isle of Wight County. Also
referred to as the board.
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Board of zoning appeals.\ The board appointed to review appeals made by
individuals with regard to decisions of the zoning administrator in the
interpretation of this ordinance. The board of zoning appeals is also
authorized to grant variances from provisions of the zoning ordinance in
particular circumstances.
Breezeway.\ A structure for the principal purpose of connecting the main
building or buildings on a property with other main buildings or accessory
buildings.
Buffer\ or bufferyard. A natural open space or landscaped area intended to
separate and protect adjacent or contiguous uses or properties, including land
uses abutting highly traveled highway corridors, from noise, lights, glare,
pollutants or other potential nuisances.
Building.\ A structure with a roof designed to be used as a place of
occupancy, storage, or shelter.
Building, floor area.\ The total number of square feet area in a building,
excluding uncovered steps, and uncovered porches, but including the
basement and the total floor area of accessory buildings on the same lot.
Building, height.\ The height of a building is the mean vertical distance from
the average established grade in front of the lot or from the average natural
grade at the building line, if higher, measured to the following: to the roof
line, to the average height of the top of the cornice of flat roofs, to the deck
line of a mansard roof, to the middle height of the highest gable or dormer in
a pitched or hipped roof, except that, if a building is located on a terrace, the
height above the street grade may be increased by the height of the terrace.
On a comer lot, the height is the mean vertical distance from the average
natural grade at the building line, if higher, on the street of greatest width, or
if two (2) or more such streets are of the same width, from the highest of such
grades.
Building line.\ A line parallel to the front property line of a yard beyond
which the foundation wall and/or any enclosed porch, vestibule, or other
enclosed portion of a building shall not project, except as provided in
subsection 5-2000.13, supplementary density and dimensional requirements.
Building, main.\ See "principal building or structure."
Building official, superintendent of building inspections.\ The person
designated as the official responsible for enforcing and administering all
requirements of the Uniform Statewide Building Code in Isle of Wight
County, Virginia.
Bulk regulations.\ Controls that establish the maximum size of buildings and
structures on a lot or parcel and the buildable area within which the structure
may be placed, including lot coverage, height, setbacks, density, floor area
ratio, open space ratio, and landscape ratio.
Caliper.\ A measurement, in diameter, of plant material size. All plant
material requiring a caliper measurement shall be measured using diameter at
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breast height (DBH), which is defined as four and one-half (4'/z) feet above
the ground on the uphill side of the tree or plant.
Camping site.\ Any plot of ground within a campground used or intended for
occupation by the camping unit.
Camping unit.\ A tent, tent trailer, camping trailer, pickup camper, motor
home, recreational vehicle or any other commonly used temporary shelter
device used as temporary living quarters or shelter during periods of
recreation, vacation, leisure time or travel. To qualify as a camping unit,
vehicular and mobile units shall be eligible to be currently licensed and
registered by a governmental body and shall be legal to travel on Virginia
highways without special permits for size, weight or other reasons.
Canopy.\ A roof-like structure of a permanent nature which may be
freestanding or project from a wall of a building or its supports.
Canopy coverage.\ The percent of a fixed land area covered by the crown of
an individual plant exceeding five (5) feet in height and measured fifteen (15)
years from the date of installation. Or the percent of a fixed land area covered
by the outermost limits of the crown of a cluster of plants exceeding five (5)
feet in height, which create one (1) continuous area of coverage, measured
fifteen (15) years from the date of installation.
Carport.\ A permanent roofed structure not more than seventy-five (75)
percent enclosed by walls and attached to the main building for the purpose
of providing shelter for one (1) or more motor vehicles.
Cellar.\ See "basement."
Certificate of occupancy.\ A document issued by the building official
allowing the occupancy or use of a structure and certifying that the structure
and/or site has been constructed and is to be used in compliance with all
applicable plans, codes and ordinances.
Channel.\ A natural or artificial watercourse with a definite bed and banks to
confine and conduct continuously or periodically flowing water.
Child.\ Any natural person under eighteen (18) years of age.
Chord.\ A line segment joining any two (2) points of a circle.
Circulation area.\ That portion of the vehicle accommodation area used for
access to parking or loading areas or other facilities on the lot. Essentially,
driveways and other maneuvering areas (other than parking aisles) comprise
the circulation area.
Co-location.\ The use of a single location structure and/or site by more than
one (1) wireless communications service provider.
Coastal A Zone.\ Flood hazard areas that have been delineated as subject to
wave heights between one and one-half (1.5) feet and three (3) feet and
identified on the flood insurance rate maps (FIRMS) as areas of limits of
moderate wave action (LiMWA).
85
Coastal high hazard area (CHHA).\ The portion of a coastal floodplain
having special flood hazards that is subject to high velocity waters, including
hurricane wave wash. The area is designated on the flood insurance rate map
(FIRM) as zone VI -30, VE or V (V -zones).
Combination use.\ A use consisting of a combination of one (1) or more lots
and two (2) or more principal uses separately listed in the district regulations.
Commercial vehicle.\ A vehicle designed to have more than two (2) rear
wheels on a single axle. This shall not apply to pickup body type trucks,
passenger van type vehicles, or to vehicles essential for an agricultural use
associated with the premises.
Community impact statement.\ A document required by the county which
outlines the impact a proposed development will have on environmental and
cultural resources, and county services, including, but not limited to, schools,
fire and rescue, and public utilities.
Conditional use.\ A conditional use is a use that, because of special
requirements or characteristics, may be allowed in a particular zoning district
only after review and recommendation by the planning commission and the
granting of conditional use approval by the board of supervisors imposing
such conditions as necessary to make the use compatible with other uses
permitted in the same zone or vicinity.
Deck.\ A structure, without a roof or walls, directly adjacent to a principal
building, which has an average elevation of thirty (30) inches or greater from
finished grade.
Development.\ Any manmade change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, the placement of
manufactured homes, streets, and other paving, utilities, filling, grading,
excavation, mining, dredging, drilling operations, or storage of equipment or
materials.
Display lot.\ An outdoor area where active nighttime sales activity occurs and
where accurate color perception of merchandise by customers is required. To
qualify as a display lot, one (1) of the following specific uses must occur:
motor vehicle sales, boat sales, recreational vehicle sales, gardening or
nursery sales. Any other use must be approved as display lot uses by the
zoning administrator.
Dripline.\ A vertical projection to the ground surface from the furthest lateral
extent of a tree's leaf canopy.
Driveway.\ A roadway providing access for vehicles to a parking space,
garage, dwelling, or other structure. A driveway serves only one (1) or two
(2) lots.
Dwelling.\ A building, or portion thereof, designed or used exclusively for
residential occupancy, including single-family dwellings, two-family
dwellings, and multifamily dwellings, but do not include, hotels, motels,
boarding and rooming houses, bed and breakfast establishments, and the like.
Dwelling unit.\ One (1) or more rooms physically arranged so as to create an
independent housekeeping establishment for occupancy by one (1) family
with toilets and facilities for cooking and sleeping separate from any other
dwelling unit.
Earthcraft certified construction.\ An environmentally friendly, residential
building program developed by the Southface Energy Institute which requires
certified builders to meet guidelines for energy efficiency, water
conservation, and other environmental practices on single-family and
multifamily unit construction. Similar to the LEED certification program, but
focused specifically on residential development.
Earth tone.\ A color scheme that draws from a color palette of browns, tans,
grays, greens, and some reds. The colors in an earth tone scheme are muted
and flat in an emulation of the natural colors found in dirt, moss, trees, and
rocks. Many earth tones originate from clay earth pigments, such as umber,
ochre, and sienna. Colors such as orange and blue are not considered earth
tones because they are not found naturally on pieces of land even though they
can be found within nature.
Elevation.\ A vertical distance above or below a fixed reference point.
Environmental assessment.\ An analysis of the beneficial or detrimental
effects of a development on the natural resources and characteristics of the
property, including resources such as, but not limited to, wetlands, flora and
fauna, and other ecosystems.
Equipment enclosure.\ A small building, cabinet, or vault used to house and
protect electronic or mechanical equipment. Associated equipment may
include, but is not limited to, air conditioners and emergency generators.
Expansion to an existing manufactured home park or subdivision.\ For the
purposes of floodplain management means the preparation of additional sites
by the construction of facilities for servicing the lots on which the
manufacturing homes are to be affixed (including the installation of utilities,
the construction of streets, and either final site grading or the pouring of
concrete pads).
Facade.\ That portion of any exterior elevation of the building extending
from grade to top of the parapet, wall, or eaves and the entire width of the
building elevation.
Family.\ An individual, or two (2) or more persons related by blood, marriage
or adoption, or a group of not more than four (4) unrelated persons,
occupying a single-family dwelling.
Flood.\ A general and temporary condition of partial or complete inundation
of normally dry land areas from:
1. The overflow of inland or tidal waters;
2. The unusual and rapid accumulation or runoff of surface waters from
any source;
3. Mudslides (i.e., mudflows) which are proximately caused by flooding
and are akin to a river of liquid and flowing mud on the surfaces of normally
dry land areas, as when earth is carried by a current of water and deposited
along the path of the current.
A flood may be further defined as the collapse or subsidence of land along
the shore of a lake or other body of water as a result of erosion or
undermining caused by waves or currents of water exceeding anticipated
cyclical levels or suddenly caused by an unusually high water level in a
natural body of water accompanied by a severe storm, or by an unanticipated
force of nature, such as a flash flood or by some similarly unusual and
unforeseeable event which results in flooding.
Flood hazard zone.\ The delineation of special flood hazard areas into
insurance risk and rate classifications on the flood insurance rate map
(FIRM) published by the Federal Emergency Management Agency (FEMA)
and which include the following zones and criteria:
I. Zone A:..... Areas subject to inundation by the 100-year flood where
detailed analyses have not been performed and base flood elevations are not
shown.
2. Zone AE:..... Areas subject to inundation by the 100-year flood as
determined by detailed methods with base flood elevations shown within
each area.
3. Zone VE:..... Areas along coastal regions subject to additional hazards
associated with storm wave and tidal action as well as inundation by the 100-
year flood.
4. Zone X: ..... Areas located above the 100-year flood boundary and
having moderate or minimal flood hazards.
Flood insurance rate map (FIRM).\ An official map of a community, on
which the Federal Emergency Management Agency has delineated both the
special hazard areas and the risk premium zones applicable to the community.
A FIRM that has been made available digitally is called a digital flood
insurance rate map (DFIRM).
Flood insurance study.\ An examination, evaluation and determination of
flood hazards and, if appropriate, corresponding water surface elevations,
mudslide hazards and/or flood-related erosion hazards.
Floodplain.\ A relatively flat or low land area adjoining a river, stream or
watercourse which is subject to partial or complete inundation; an area
subject to the unusual and rapid accumulation or runoff of surface water from
any source.
Floodprone area.\ Any land area susceptible to being inundated by water
from any source (see definition of flooding).
FIoodproofing.\ Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood damage
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to real estate or improved real property, water, sanitary facilities, structures
and their contents.
Floodway.\ The channel of a river or other watercourse and the adjacent land
areas required to carry and discharge the 100 -year flood without increasing
the water surface elevation of that flood more than one (1) foot at any point.
Floor area.\ The square feet of floor space within the outside lines of walls,
including the total of all space on all floors of a building. Floor area shall not
include porches, garages, or unfinished space in a basement or attic.
Floor area ratio (FAR).\ The total floor area of all buildings or structures on a
lot divided by the net developable area of the lot.
Footcandle.\ A unit of measure for illuminance. A unit of illuminance on a
surface that is everywhere one (1) foot from a uniform point source of light
of one (1) candle and equal to one (1) lumen per square foot.
Freeboard.\ A factor of safety usually expressed in feet above a flood level
for purposes of floodplain management. "Freeboard" tends to compensate for
the many unknown factors that could contribute to flood heights greater than
the height calculated for a selected size flood and floodway conditions, such
as wave action, bridge openings, and the hydrological effect of urbanization
in the watershed. When a freeboard is included in the height of a structure,
the flood insurance premiums may be less expensive.
Frontage.\ The linear measurement in feet of the front property line abutting a
street.
Functionally dependent use.\ A use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The
term includes only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and ship
repair facilities, but does not include long-term storage or related
manufacturing facilities.
Garage, private.\ An accessory building which is designed or used for the
storage of vehicles owned and used by the occupants of the building to which
it is accessory and which is not operated as a separate commercial enterprise.
Gazebo.\ A detached, covered freestanding, open-air or screened accessory
structure designed for recreational use only and not for habitation.
Glare.\ The sensation produced by a bright source within the visual field that
is sufficiently brighter than the level to which the eyes are adapted to cause
annoyance, discomfort, or loss in visual performance and visibility; blinding
light.
Green roof.\ The roof of a building which is partially or completely covered
with vegetation and soil or other growing medium planted over a waterproof
membrane.
Habitable floor.\ Any floor usable for living purposes, which includes
working, sleeping, eating, cooking, or recreation, or any combination thereof.
A floor used only for storage is not a habitable floor.
Highest adjacent grade.\ For the purposes of floodplain management, the
highest natural elevation of the ground surface prior to construction next to
the proposed walls of a structure;
Historic landmark/area/structure.\ Any structure that is:
1. Listed individually in the National Register of Historic Places (a Iisting
maintained by the Department of Interior) or preliminarily determined
by the Secretary of the Interior as meeting the requirements for
individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district
or a district preliminarily determined by the Secretary to qualify as a
registered historic district;
3. Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the Secretary of
the Interior; or
4. Individually listed on a local inventory of historic places in
communities with historic preservation programs that have been listed in the
county's comprehensive plan or certified:
a. By an approved state program as determined by the Secretary of the
Interior; or
b. Directly by the Secretary of the Interior in states without approved
programs.
Home garden.\ An accessory use in a residential district for the production of
vegetables, fruits and flowers generally for use or consumption, or both, by
the occupants of the premises.
Impervious surface.\ A surface composed of any material that significantly
impedes or prevents natural infiltration of water into the soil. Impervious
surfaces may include, but are not limited to; buildings, roofs, streets, parking
areas, and any concrete, asphalt, or compacted gravel surface.
Intelligent siting.\ The practice of building placement which gives high
consideration to environmental aspects such as solar orientation, seasonal
shading, prevailing winds, etc., in order to allow for increased energy
efficiency.
Junkyard.\ Junkyard shall mean any establishment or place of business which
is maintained, operated, or used for storing, keeping, buying, or selling junk,
or for the maintenance or operation of an automobile wrecking yard. For
purposes of this definition, "junk" shall mean old or scrap copper, brass,
rope, rags, batteries, paper, trash, rubber, debris, waste, or junked,
dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other
old or scrap ferrous or nonferrous material. (See also "scrap and salvage
services" in section 3-700.)
Kiosk.\ A freestanding structure upon which temporary information and/or
posters, notices, and announcements are posted. Commercial transactions do
not take place here.
Landscape.\ An expanse of natural scenery or the addition or preservation of
lawns supplemented by, shrubs, trees, plants or other natural and decorative
features to land.
Landscape surface ratio (LSR).\ A measure, expressed as a percentage, of the
area to be landscaped on a site determined by dividing the landscaped area of
the site by the total project area.
LEED certified.\ Leadership in energy and environmental design (LEED)
certification program administered by the U.S. Green Building Council,
which requires designers to meet guidelines for energy efficiency, water
conservation, and other environmental practices.
Light trespass.\ Light from an artificial light source that is intruding onto
adjacent properties and is a nuisance.
Livestock.\ Swine, sheep, cattle, poultry or other animals or fowl which are
being produced primarily for food, fiber, or food products for human
consumption.
Loading and unloading area.\ The area on a lot designated for bulk pickup
and deliveries of merchandise and materials directly related to the use on said
lot.
Lot.\ A parcel of land intended to be separately owned, developed, or
otherwise used as a unit, established by plat, subdivision or as otherwise
permitted by law.
Lot, corner.\ A lot abutting on two (2) or more streets at their intersection.
Lot, depth of.\ The shortest horizontal distance between the front and rear lot
lines.
Lot, double frontage.\ An interior lot having frontage on two (2) streets.
Lot, flag.\ A lot not fronting on or abutting a public roadway or having
limited frontage necessary for access and where access to the public roadway
is essentially limited to a narrow private right-of-way.
Lot, interior.\ A lot other than a comer lot.
Lot, through.\ A lot having its front and rear yards each abutting on a street.
Lot area.\ The total horizontal area in square feet within the lot lines of a lot
excluding designated future public rights-of-way.
Lot coverage.\ A measure of intensity of land use that represents the portion
of a site that is impervious (i.e., does not absorb water). This portion
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includes, but is not Iimited to, all areas covered by buildings, parked
structures, driveways, roads, sidewalks, and any area of concrete or asphalt.
Lot line.\ A line dividing one (1) lot from another lot or from a street or alley.
Lot line, front.\ On an interior lot, the lot line abutting a street or right-of-
way; or, on a comer lot, the shorter lot line abutting a street or right-of-way;
or, on a through lot, the lot line abutting the street or right-of-way providing
the primary access to the lot.
Lot line, rear.\ The lot line located opposite the front line.
Lot line, side.\ Any boundary of a lot, which is not a front lot line or a rear lot
line.
Lot of record.\ A lot which has been legally recorded in the clerk's office of
the Circuit Court of Isle of Wight County.
Lot width.\ The horizontal distance between the side lot lines, measured at
the required front setback line.
Low impact development (LID).\ A site design approach to managing
stormwater runoff which emphasizes conservation and use of on-site natural
features to protect water quality. This approach implements small-scale
hydrologic controls to replicate the pre -development hydrologic patterns of
watersheds through infiltrating, filtering, storing, evaporating, and detaining
runoff close to its source.
Lowest floor.\ For the purpose of floodplain management, the lowest floor of
the lowest enclosed area (including basement). An unfinished or flood -
resistant enclosure, useable solely for parking of vehicles, building access or
storage in an area other than a basement area is not considered a building's
lowest floor; provided, that such enclosure is not built so as to render the
structure in violation of the applicable non -elevation design requirements of
Federal Code 44CFR § 60.3.
Luminary.\ A lighting fixture assembly or source of artificial illumination
including, but not limited to, bulbs, lamps, reflectors, refractors, and housing
associated with them.
Manufactured home.\ A structure constructed to federal standards,
transportable in one (1) or more sections, which, in the traveling mode, is
eight (8) feet or more in width and is forty (40) feet or more in length, or
when erected on site, is three hundred twenty (320) or more square feet, and
which is built on a permanent chassis and designed to be used as a dwelling
with or without a permanent foundation when connected to the required
utilities, and includes the plumbing, heating, air conditioning, and electrical
systems contained therein.
Manufactured home park, existing.\ A parcel of land divided into two (2) or
more manufactured home lots for rent or sale existing prior to 08/19/1991.
Manufactured home park or subdivision, new.\ A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on
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which the manufactured homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads) is completed on or after 08/19/1991.
Mean sea level.\ National Geodetic Vertical Datum (NGVD) of 1929, to
which all elevations on the FIRM (flood insurance rate map) and within the
flood insurance study are referenced.
Mixed-use structure.\ A building or other structure containing a combination
of two (2) or more different principal uses.
Motor vehicle.\ Any self-propelled vehicle designed primarily for
transportation of persons of goods along public streets or alleys, or other
public ways.
Net developable area.\ The land deemed suitable for development within a
given area or parcel. It is calculated by subtracting the sensitive
environmental areas within the area or parcel that should be protected from
development and the estimated right-of-way requirements and existing
regional transmission line easements and rights-of-way from the total gross
area. The result is the net developable area, which provides a realistic
measure of land holding capacity for an area or parcel in the county. Refer to
section 5-4000, net developable area, for additional information on net
developable area.
New construction.\ For the purposes of determining insurance rates,
structures for which the "start of construction" commenced on or after the
effective date of an initial FIRM (flood insurance rate map), 08/19/91, and
includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which the
"start of construction" commenced on or after the effective date of a
floodplain management regulation adopted by a community and includes any
subsequent improvements to such structures.
Nonconforming activity or use.\ The otherwise legal use of a building or
structure or of a tract of land that does not conform to the use regulations of
this ordinance for the district in which it is located, either at the effective date
of this ordinance or as a result of subsequent amendments to the ordinance.
Nonconforming building or structure.\ An otherwise legal building or
structure that does not conform with the yard, height, maximum density or
other bulk regulations, or is designed or intended for a use that does not
conform to the use regulations, of this ordinance for the district in which it is
located, either at the effective date of this ordinance or as result of subsequent
amendments.
Nonconforming lot.\ An otherwise legally platted lot that does not conform to
the minimum area or width requirements for the district in which it is located
either at the effective date of this ordinance or as a result of subsequent
amendments to this ordinance.
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Nonconforming site.\ An otherwise legal site for which existing
improvements do not conform to the lot coverage, bufferyard, landscaping,
parking and other site requirements set forth in the zoning or special overlay
district in which it is located either at the effective date of this ordinance or as
a result of subsequent amendments to this ordinance.
Office park.\ A large tract of land that has been planned, developed, and
operated as an integrated facility for a number of separate office buildings
and supporting ancillary uses with special attention given to circulation,
parking, utility needs, aesthetics, and compatibility.
Official zoning map.\ The map or maps, together with all subsequent
amendments thereto, which are adopted by reference as a part of this
ordinance and which delineate the zoning district boundaries.
Open space.\ An area that is intended to provide light and air, and is
designed, depending upon the particular situation, for environmental, scenic
or recreational purposes. Open space may include, but need not be limited to,
Iawns, decorative plantings, walkways, active and passive recreation areas,
playgrounds, fountains, swimming pools, wooded areas, and watercourses.
Open space shall not be deemed to include structures, driveways, parking lots
or other surfaces designed or intended for vehicular traffic.
Open space, common.\ Open space that is accessible to all occupants of a
particular development and is not restricted to use by occupants of an
individual lot or structure.
Open space ratio (OSR).\ A measure, expressed as a percentage, of site open
space determined by dividing the gross open space area of a lot, parcel or
tract of land by the total area of that lot, parcel or tract of land.
Parking area aisle.\ That portion of the parking area consisting of lanes
providing access to parking spaces.
Parking area, lot or structure.\ An off-street area for parking or loading and
unloading, whether required or permitted by this ordinance, including
driveways, access ways, aisles, and maneuvering areas, but not including any
public or private street right-of-way.
Parking space.\ A portion of the parking area set aside for the parking of one
(1) vehicle.
Patio.\ A level surfaced area, directly adjacent to a principal building, without
walls or a roof intended for outdoor lounging, dining, and the like, which has
an average elevation of less than thirty (30) inches from finished grade.
Permeable materials.\ A variety of product alternatives to traditional,
impervious surface materials which allow for the infiltration of stormwater
through the soil to more naturally reduce runoff volumes and filter pollutants.
Increased infiltration occurs either through the paving material itself, or
through void spaces between individual paving blocks (also called pavers).
Materials may include, but are not limited to: pervious concrete, pervious
asphalt, block and concrete modular pavers, and grid pavers.
WA
Permit, building.\ An official document or certification permit that is issued
by the building official and which authorizes the construction, alternation,
enlargement, conversion, reconstruction, remodeling, rehabilitation, erection,
demolition, moving or repair of a building or structure. This permit should
not be a substitute for a zoning permit.
Permit, conditional use.\ A permit issued by the county board of supervisors
authorizing the operation of a use under certain conditions and standards.
Permit, special use.\ A permit issued by the county board of supervisors
authorizing a use not otherwise provided for in this ordinance as a permitted
or conditional use.
Permit, zoning.\ A permit issued by the zoning administrator that authorizes
the recipient to make use of property in accordance with the requirements of
this ordinance.
Phase I archeological study.\ A survey of archaeological resources
undertaken in accordance with the Secretary of the Interior's Standards and
Guidelines (48 FR, 44742) as may be amended and the Guidelines for
Conducting Cultural Resource Survey in Virginia prepared by the Virginia
Department of Historic Resources, as may be amended.
Photometric plan.\ A diagram consisting of lines showing the relative
illumination in foot candles from a light source or group of light sources.
Planning commission.\ The Isle of Wight County Planning Commission.
Porch.\ A projection from a main wall or a building which can be covered,
with a roof, or uncovered. The projection may or may not use columns or
other ground supports for structural purposes.
Portable on demand storage units.\ Also known as a POD, a large container
used for temporary storage. A POD is hauled to the property, loaded with
items, hauled from the property and stored in a storage yard.
Poultry.\ Domestic fowl normally raised on a farm such as chickens, ducks,
geese and turkeys.
Preliminary and final site development plan.\ Site development plans
prepared by a certified or licensed engineer, surveyor, architect or landscape
architect, that is required for development proposals outlined in section 7-
2004, preliminary and final site development plan requirements.
Principal building or structure.\ A building or structure in which the primary
or main use of the property on which the building is located is conducted and
distinguished from an accessory or secondary building or structure on the
same premises.
Principal use.\ A use which represents the primary or main use of the land or
structure which is distinguished from an accessory use on the same premises.
Proffer.\ A condition voluntarily offered by the applicant and owner for a
rezoning that limits or qualifies how the property in question will be used or
developed.
Public water and sewer system.\ A water or sewer system owned and
operated by a municipality or county, or owned and operated by a private
individual or a corporation approved by the governing body and properly
licensed by the state corporation commission or other applicable agency, and
subject to special regulations as herein set forth.
Public way.\ Any sidewalk, street, alley, highway or other public
thoroughfare.
Recreation, active.\ Leisure activities, usually organized and performed with
others, often requiring equipment and constructed facilities, taking place at
prescribed places, sites, or fields. The term active recreation includes, but is
not limited to, swimming, tennis, and other court games, baseball and other
field sports, golf and playground activities.
Recreation, passive.\ Recreation that involves existing natural resources and
has a minimal impact. Such recreation does not require development of the
site nor any alternation of existing topography. Such passive recreation shall
include, but not be Iimited to, hiking, picnicking, and bird watching.
Recreational vehicle.\ A vehicle designed to be self-propelled or permanently
towable; and not designed for use as a permanent dwelling but as temporary
living quarters for recreational camping, travel, or seasonal use.
Redevelopment.\ The process of using land that contains or previously
contained development.
Required open space.\ Any space required in any front, side or rear yard.
Residential plot plan.\ A plan submitted for the construction or location of all
new single-family detached dwellings or two-family dwellings on an existing
or platted lot. This plan shall meet the requirements of section 7-2002,
residential plot plan.
Right-of-way.\ A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, electric transmission line, oil or gas pipeline,
water main, sanitary or storm sewer main, shade trees, or other special use.
Road.\ See "street."
Satellite dish antenna.\ See "antenna."
Screening.\ The act of visually shielding or obscuring one (1) abutting or
nearby structure or use from another by fencing, walls, berms, or required
planted vegetation.
Screen material.\ Materials that have been outlined in article VIII for the
screening of service structures, equipment, and/or outdoor storage yards.
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Seasonal shading.\ The practice of using plant material to capitalize on solar
energy and light for heating and interior lighting purposes. An example
would be using deciduous trees near windows to shade afternoon sun in the
summer, but allow afternoon sun for heat and light through in the winter.
Service building.\ A building used to house stationary or movable service
equipment and mechanical equipment for the maintenance and function of
onsite machinery.
Setback.\ The required minimum horizontal distance between the building
line and the related front, side, or rear property line. A setback is meant from
a street not a driveway.
Setback line.\ A line within a lot parallel to a corresponding lot line, which is
the boundary of any specified front, side, or rear yard, or the boundary of any
public right-of-way whether acquired in fee, easement, or otherwise, or a line
otherwise established to govern the location of buildings, structures or uses.
Where no minimum front, side, or rear yards are specified, the setback line
shall be coterminous with the corresponding lot line.
Shopping center.\ A grouping of architecturally unified and related retail
establishments which are planned, developed, owned, and managed as a
single operating unit, and which share interconnected walkways and parking
areas. The establishments contained within a shopping center are related to
each other and the market area served in terms of size, type, location, and
market orientation.
Shrub.\ A relatively low growing, woody plant typified by having several
permanent stems instead of a single trunk.
Shrub, deciduous.\ Any shrub which sheds its foliage during a particular
season of the year.
Shrub, evergreen.\ Any shrub which retains its foliage throughout the entire
year.
Sign.\ Any device, fixture, placard, or structure that uses any color, form,
graphic, illumination, symbol, or writing to advertise, announce the purpose
of, call attention to, or identify the purpose of a person or entity, or to
communicate information of any kind to the public.
Sign, animated.\ Any sign that uses movement or change of lighting to depict
action or to create a special effect or scene. This shall not include a variable
message sign.
Sign, banner.\ Any sign of lightweight fabric or similar material that is
mounted to a pole or a building by one (1) or more of its edges. National
flags, state, or municipal flags, or the official flag of any institution or
business shall not be considered banners.
Sign, beacon.\ Any light with one (1) or more beams directed into the
atmosphere or directed at one (1) or more points not on the same zone lot as
M
the light source; also, any light with one (1) or more beams that rotate or
move.
Sign, billboard.\ An off -premises sign owned by a person, corporation, or
other entity that engages in the business of selling the advertising space on
that sign.
Sign, canopy.\ Any sign that is painted on, printed on, part of or otherwise
attached to or displayed on an awning, canopy, or other fabric, plastic, or
structural protective cover over a door, entrance, window, or outdoor service
area. No such signs shall project vertically above or below, or horizontally
beyond the physical dimensions of such canopy.
Sign, changeable copy.\ A sign or part of a sign that is designed so that
characters, letters, or illustrations can be changed or rearranged on a letter
track that can be rearranged without altering the face or surface of the sign.
Sign, commercial message.\ Any wording, logo, or other representation that,
directly or indirectly, names, advertises, or calls -attention to a business,
product, service, or other commercial activity.
Sign, directional.\ On -premises signage designed to guide vehicular and/or
pedestrian traffic by issuing words such as "Entrance," "Exit," "Parking,"
"One -Way," or similar instructions, and related indicator graphics such as
arrows, which may include the identification of the building or use but may
not include any advertising or commercial message or logo.
Sign, electronic message board.\ Defined as signs or portions of signs that
use changing lights to form a sign message or messages wherein the sequence
of messages and the rate of change is electronically programmed and can be
modified by electronic processes.
Sign, facade.\ Any sign attached to any part of a building, as contrasted to a
freestanding sign, and projecting no further than six (6) inches from the
building wall it is attached to. See also: "sign, wall."
Sign, flag.\ Any fabric or bunting containing distinctive colors, patterns, or
symbols, used to communicate a message or draw attention to a development,
business, land use, or other similar entity.
Sign, freestanding.\ A sign that is attached to, erected on, or supported by
some structure (such as a pole, mast, frame, or other structure) that is not
itself an integral part of or attached to a building or structure whose principal
function is something other than the support of a sign.
Sign, internally illuminated.\ A sign where the source of the illumination is
inside the sign and light emanates through the message of the sign, rather
than being reflected off the surface of the sign from an external source. A
sign that consists of or contains tubes that (i) are filled with neon or some
other gas that glows when an electric current passes through it and (ii) are
intended to form or constitute all or part of the message of the sign, rather
than merely providing illumination to other parts of the sign that contain the
message, shall also be considered an internally illuminated sign.
Sign, marquee.\ A roof -like structure of a permanent nature which projects
from the wall of a building or its supports and may overhang the public way.
Sign, nonconforming.\ Any sign that does not conform to the requirements of
this ordinance.
Sign, off -premises.\ A sign that draws attention to or communicates
information about a business, service, commodity, accommodation, attraction
that draws attention to a cause or advocates or proclaims a political, religious,
or other noncommercial message, or other enterprise or activity that exists or
is conducted, sold, offered, maintained, or provided at a location other than
the lot on which the sign is located.
Sign, on -premises.\ A sign that draws attention to or communicates
information about a business, service, commodity, accommodation,
attraction, or other enterprise or activity that exists or is conducted, sold,
offered, maintained, or provided on the lot where the sign is located.
Sign, pennant.\ Any lightweight plastic, fabric, or other material, whether or
not containing a message of any kind, suspended from or supported by a
rope, wire, or string, usually in series, designed to move in the wind.
Sign, portable.\ Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including, but not
limited to, signs designed to be transported by means of wheels, signs
converted to "A" or "T" frames; menu and sandwich board signs, balloons
used as signs, umbrellas used for advertising, and signs attached to or painted
on vehicles parked and visible from the public right-of-way, unless said
vehicle is used in the normal day-to-day operations of the business; such
vehicles shall be parked only in a designated parking space.
Sign, projecting.\ A sign other than a facade, canopy, or marquee sign which
is wholly or partially dependent upon a building for support and that projects
more than six (6) inches from such building.
Sign, special event.\ A sign for the purpose of circuses, fairs, carnivals,
festivals, and other types of special events that (i) run for not longer than two
(2) weeks, (ii) are intended or likely to attract substantial crowds, and (iii) are
unlike the customary or usual activities generally associated with the property
where the special event is to be located.
Sign, suspended.\ A sign that is suspended from the underside of a horizontal
plane surface and is supported by such surface.
Sign, temporary.\ A sign that is used in connection with a circumstance,
situation, or event that is designed, intended, or expected to take place or to
be completed within a reasonably short or definite period after the erection of
such sign; or, is intended to remain on the Iocation where it is erected or
placed. If a sign display area is permanent but the message displayed is
subject to periodic changes, that sign shall not be regarded as temporary.
Sign, wall.\ Any sign attached parallel to, but within six (6) inches of a wall,
painted on the wall surface of, or erected and confined within the limits of an
outside wall of any building or structure, which is supported by such wall or
building, and which displays only one (1) sign surface. See also: "sign,
facade."
Sign, window.\ Any sign, pictures, symbol, or combination thereof designed
to communicate information about an activity, business, commodity, event,
sale, or service, that is placed inside a window or door or upon the window
panes or glass and is visible from the exterior of the window or door.
Simplified site plan.\ A plan submitted for a change or expansion of a
commercial, civic, office or industrial use on an existing site and meets the
requirements of section 7-2003.
Site development plan, preliminary/final.\ A plan, to scale, showing uses and
structures proposed for a parcel of land as required by the regulations
pertaining to site plans in this ordinance. Includes lot lines, streets, building
sites, reserved open space, buildings, major landscape features, both natural
and manmade, and any other requirements outlined by article VII.
SIope.\ The degree of deviation of a surface from the horizontal, usually
expressed as a percentage. Slope shall be measured as the vertical rise or fall
to horizontal distance of terrain measured perpendicular to the contour lines
at horizontal intervals of more than ten (10) feet.
Solar orientation.\ The practice of using building placement and design to
capitalize on solar energy and light for heating and interior lighting purposes.
Special flood hazard area.\ The land in the floodplain subject to the one (1)
percent or greater chance of being flooded in any given year.
Specified anatomical area.\ Such areas include less than completely and
opaque covered human genitals, pubic region, buttocks, female breasts below
a point immediately above the top of the areola, and human male genital in a
discernibly turgid state, even if completely and opaquely covered.
Specified sexual activity.\ Such activity includes human genitals in a state of
sexual stimulation or arousal, an act of human masturbation, sexual
intercourse or sodomy, and fondling or other erotic touching of human
genitals, pubic region, buttocks or female breasts.
Start of construction.\ For the purpose of floodplain management, other than
new construction and substantial improvement, under the Coastal Barriers
Resource Act, means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition,
placement or other improvement was within one hundred eighty (180) days
of the permit date. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of pipes, the construction of columns, or any work
beyond the state of excavation; or the placement of a manufactured home on
a foundation. Permanent construction does not include land preparation, such
as clearing, grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
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piers, or foundations or the erection of temporary forms; nor does it include
the installation on the property of accessory buildings, such as garages or
sheds not occupied as dwelling units or not part of the main structure. For a
substantial improvement, the actual start of construction means the first
alteration on any wall, ceiling, floor, or other structural part of a building,
whether or not the alteration affects the external dimensions of the building.
Storage.\ The keeping, either indoors or outdoors, of equipment, vehicles, or
supplies used in the conduct of a trade, business, or profession.
Stormwater management.\ For quantitative control, a system of vegetative
and structural measures that control the increased volume and rate of surface
runoff caused by manmade changes to the land; and for qualitative control, a
system of vegetative, structural, and other measures that reduce or eliminate
pollutants that might otherwise be carried by surface runoff.
Stormwater management practice, nonstructural.\ A stormwater management
technique that utilizes the ecological and environmental aspect of a site or
area for the collection, conveyance, channeling, holding, retaining, detaining,
infiltration, diverting, treating or filtering of surface water, and/or runoff.
Stormwater management practice, structural.\ A stormwater management
technique that utilizes a manmade facility and/or apparatus for the collection,
conveyance, channeling, holding, retaining, detaining, infiltration, diverting,
treating or filtering of surface water, and/or runoff.
Story.\ That portion of a building, other than the basement, included between
the surface of any floor and the surface of the floor next above it. If there is
no floor above it, the space between the face and the ceiling next above it.
Story, half.\ A space under a sloping roof, which has the line of intersection
of roof decking and wall not more than three (3) feet above the top floor
level, and in which space more than two-thirds (2/3) of the floor area is
finished off for use other than storage.
Street.\ A public or private thoroughfare used, or intended to be used, for
passage or travel by motor vehicles. A street serves three (3) or more lots.
The word "street" shall include the words "road", and "highway".
Street, arterial.\ A street specifically designed to move high volumes of
traffic from collector streets through the county and not designed to serve
abutting lots except indirectly through intersecting streets. Arterial streets
shall include all U.S. Highways, state primaries with one-, two- or three -digit
numbers, and any other street which the subdivision agent determines is
functionally equivalent to these transportation department classifications.
Street, collector.\ A relatively low -speed, low-volume street that provides
circulation within and between neighborhoods. Collector streets usually serve
short trips and are intended for collecting trips from local streets and
distributing them to the arterial network. They also form a secondary network
of cross county connectivity.
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Street, public.\ A public street or street with respect to which an offer of
dedication has been made and improvements completed which are consistent
with the Isle of Wight County Subdivision Ordinance and the requirements
of the Virginia Department of Transportation or a street or portion thereof
which is included in the state primary or secondary road system.
Structure.\ Anything constructed or erected, the use of which requires
permanent location on the ground, or attachment to something having a
permanent location on the ground. Among other things, structures include
buildings, mobile and manufactured homes, walls, fences, signs, piers, and
swimming pools, etc. For the purpose of floodplain management, a walled
and roofed building, including a gas or liquid storage tank, that is principally
above ground, as well as manufactured home.
Subdivision.\ The division or resubdivision of a lot, tract, or parcel of land by
any means into two (2) or more lots, tracts, parcels or other divisions of land
including changes in existing lot lines for the purpose, whether immediate or
future, of lease, transfer of ownership or building or Iot development. The
term subdivision shall also mean the following:
1. Any development of a parcel of land which involves installation of
sanitary sewers, water mains, gas mains or pipes, or other appropriate
facilities for the use, whether immediate or future, of the owners or occupants
of the land, or of the building abutting thereon.
2. Any development of a parcel of land involving two (2) or more
principal structures or involving shopping centers, multiple dwelling projects
and the like which require the installation of streets and/or alleys, even
though the streets and alleys may be not dedicated to public use and the
parcel may be divided for purposes of conveyance transfer or sale.
3. Any development of a parcel of land involving two (2) or more
principal structures or involving shopping centers, multiple dwelling projects
and the like which require the installation of streets and/or alleys, even
thought the streets and alleys may not be dedicated to public use and the
parcel may not be dedicated to public use and the parcel may not be divided
for purposes of conveyance, transfer or sale.
4. The term "subdivision" includes resubdivision, and as appropriate in
this ordinance, shall refer to the process of subdividing the land or to the land
subdivided.
Substantial damage.\ Damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would
equal or exceed fifty (50) percent of the market value of the structure before
the damaged occurred.
Substantial improvement.\ Damage of any origin sustained by a structure, the
cost of which equals or exceeds fifty (50) percent of the market value of the
structure either before the improvement or repair is started or, if the structure
has been damaged, and is being restored, before the damage occurred. For the
purposes of this definition, "substantial improvement" is considered to occur
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when the first alteration of any wall, ceiling, floor or other structural part of
the building commences, whether or not that alteration affects the external
dimensions of the structure. For the purpose of floodplain management, the
term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations
of state or local health, sanitary, or safety code specifications which have
been identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions;
2. Any alteration of a historic structure, provided that the alteration will
not preclude the structure's continued designation as historic structure; or
3. Historic structures undergoing repair or rehabilitation that would
constitute a substantial improvement as defined above, must comply with all
ordinance requirements that do not preclude the structure's continued
designation as a historic structure. Documentation that a specific ordinance
requirement will cause removal of the structure from the National Register of
Historic Places or the State Inventory of Historic places must be obtained
from the Secretary of the Interior or the State Historic Preservation Officer.
Any exemption from ordinance requirements will be the minimum necessary
to preserve the historic character and design of the structure.
Tower.\ Any structure that is intended for transmitting or receiving
television, radio, telephone, digital, or other similar communications or is
used to support a communication antenna or other similar device.
Tract.\ See "lot."
Traffic impact analysis (TIA).\ An analysis of the effect of traffic generated
by a development on the capacity, operations, and safety of the public street
and highway system.
Tree, deciduous.\ Any tree which sheds its foliage during a particular season
of the year.
Tree, evergreen.\ Any tree which retains its foliage throughout the entire
year.
Tree, heritage.\ Any tree or shrub which has been designated by ordinance of
the Isle of Wight County Board of Supervisors as having notable historic or
cultural significance to any site or which has been so designated in
accordance with an ordinance adopted pursuant to section 15.2-503 of the
Code of Virginia, as amended.
Tree, mature.\ Any deciduous or evergreen tree with a minimum diameter of
fourteen (14) inches when measured four and one-half (4%i) feet above
ground level.
Tree, significant.\ Any deciduous or evergreen tree with a minimum diameter
of twenty-two (22) inches when measured four and one-half (41/2) feet above
ground level.
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Trip generation.\ The number of trip ends caused, attracted, produced, or
otherwise generated by a specific land use, activity, or development in
accordance with the latest edition of the trip generation manual, published by
the institute of transportation engineers.
Use.\ The purpose or activity, for which a piece of land or its buildings is
designed, arranged or intended, or for which it is occupied or maintained.
Use, permitted.\ A use, which may be lawfully established in a particular
district or districts, provided it conforms with all regulations, requirements,
and standards of this ordinance.
Utility facility.\ Any above or below ground structure or facility (other than
buildings, unless such buildings are used as storage incidental to the
operation of such structures or facilities) owned by a governmental entity, a
nonprofit organization, a corporation, or any entity defined as a public utility
for any purpose and used in connection with the production, generation,
transmission, delivery, collection, or storage of water, sewage, electricity, gas
oil, or electromagnetic signals.
Variance.\ A reasonable deviation from the provisions regulating the shape,
size, or area of a lot or parcel of land, or the size, height, area, bulk, or
location of a building or structure when the strict application of the ordinance
would unreasonably restrict the utilization of the property, and such need for
a variance would not be shared generally by other properties, and provided
such variance is not contrary to the purpose of this ordinance. It shall not
include a change in use, which change shall be accomplished by a rezoning
or by a conditional zoning.
Vehicle.\ See "motor vehicle."
Vehicle moving area.\ Any area on a site where vehicles park or drive.
Video arcade.\ See "commercial indoor amusement" listed under commercial
use types.
Violation.\ For the purpose of floodplain management, the failure of a
structure or other development to be fully compliant with the community's
floodplain management regulations. A structure or other development
without the elevation certificate, other certifications, or other evidence of
compliance as outlined in the floodplain management overlay district
regulations.
Watercourse.\ Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine, or wash, in and
including any area adjacent thereto which is subject to inundation by water.
Wooded area.\ An area of contiguous wooded vegetation where trees are at a
density of at least one (1) six-inch or greater diameter at breast height (DBH)
tree per three hundred twenty-five (325) square feet of land and where the
branches and leaves form a contiguous canopy.
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Xeriscaping.\ Site design and/or gardening techniques which may include the
use of native and/or drought tolerant plants to create a landscape or
environment which does not require any form of supplemental irrigation after
twenty-four (24) months from the time of installation.
Yard.\ An open space on the same lot with a building or structure,
unoccupied and unobstructed from the ground up, except as otherwise
permitted in this ordinance.
Yard, corner side.\ A side yard adjoining a public or private street.
Yard, front.\ A yard extending along the full width of the front lot line
between the side lot lines and from the front lot line to the front building line
in depth.
Yard, interior side.\ A side yard, which is located immediately adjacent to
another lot or to an alley separating such yard from another lot.
Yard, rear.\ A yard extending along the full length of the lot and lying
between the rear lot line and the nearest line of the building. Rear yard depth
shall be measured at right angles to the rear line of the lot.
Yard, side.\ A yard lying between the side line of the lot and the nearest line
of the building and extending from the front yard to the rear yard, or in the
absence of either of such front or rear yards, to the front or rear lot lines. Side
yard width shall be measured at right angles to side lines of the lot.
Zero lot line.\ The location of a structure on a lot in such a manner that one
(1) of the structure's sides rest directly on a lot line.
Zoning administrator.\ The person designated as the official responsible for
enforcing and administering all requirements of the Isle of Wight County
Zoning Ordinance, or his duly authorized designee.
Zoning, base district.\ Those base underlying zoning districts other than
special overlay districts set forth in article IV.
Zoning, planned development district.\ Land area of minimum size, as
specified by district regulations, to be planned and developed using a
common master zoning plan, and containing one (1) or more uses and
appurtenant common areas.
Zoning, special overlay district.\ A district, which is placed over the existing
base zoning and imposes additional restrictions and includes all those
districts listed as special overlay zoning districts in article IV.
Zoning, underlying district.\ See "zoning, base district." (7-7-05; 8-20-09;
11-4-09; Ord. No. 2013-1-C, 4-18-13, 3-20-14, 6-19-14; 8-21-14.) ]
The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
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COUNTY ATTORNEY'S REPORT
County Attorney Popovich requested the Board to provide any suggested
revisions to the Board's By -Laws and Rules of Procedure in preparation for
its adoption at the Board's January 2016 organizational meeting.
County Attorney Popovich provided an update on the issue of the Fire and
Rescue Association's position taken at its meeting on November 4, 2015 that
the matter of the Fire and Rescue Agreement be further discussed at the
Association's January 2016 meeting. He advised that as a result of the
Association's action, it will not be possible to come to an agreement with the
Association by the December deadline as originally discussed with the
Board.
COUNTY ADMINISTRATOR'S REPORT
County Administrator Seward presented a proposal for the reorganization of
the Departments of Public Works/Public Utilities which eliminates the
position of Director of General Services and results in a savings of
approximately $60,000.
Supervisor Jefferson moved that the proposed reorganization be authorized
as recommended. The motion was adopted by a vote of (5-0) with
Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
County Administrator Seward presented a Resolution to Amend the FY2015-
16 Position Classification and Compensation Plan for the Board's
consideration.
Supervisor Darden moved that the following Resolution be adopted:
RESOLUTION TO AMEND THE FY 2015-2016 POSITION
CLASSIFICATION AND COMPENSATION PLAN
WHEREAS, the Board of Supervisors has approved the FY 2015-2016
Position Classification and Compensation Plan; and,
WHEREAS, in accordance with County Policy (Chapter 1: Personnel, Article
II, Position Classification Plan and Article III, Compensation Plan), the
Position Classification and Compensation Plan containing the Salary
Schedule and Schematic List of Classes assigned to Salary Grades is
recommended for amendment to incorporate two (2) new class titles of
Director of Public Works and Director of Utility Services, and abolish the
class title of Director of General Services; and,
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WHEREAS, there is no result in a net increase of Full Time Equivalent
positions (FTEs) with these amendments; and,
WHEREAS, the Board of Supervisors desires to amend the FY 2015-2016
Position Classification and Compensation Plan, as referenced in the attached
exhibit, resulting from the Appeals process following the implementation of
the Classification and Compensation Study performed by Evergreen
Solutions, LLC; and,
WHEREAS, these amendments to the FY 2015-2016 Position Classification
and Compensation Plan are recommended to the Board of Supervisors for
approval and adoption retroactive to October 1, 2015.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the
County of Isle of Wight, Virginia that the amended FY 2015-2016 Position
Classification and Compensation Plan is hereby adopted and shall remain in
effect until amended by the Board.
The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
County Administrator Seward provided a PowerPoint presentation on the
County's Quarterly Financial Report for the 1" Quarter of FY2016 for the
Board's information.
Heather Tuck, Assistant Superintendent, Isle of Wight County Schools,
represented a request from the School Division for an appropriation of funds
in the amount of $692,500 to address groundwater issues at the Hardy
Elementary School; replacement of a lighting system at Windsor High
School; and, a roof leak at the Central office.
Noting a concern that staff has not had an adequate opportunity to review the
County's fund balance to ensure that such an appropriation would not
adversely affect the County's bond rating, Supervisor Casteen moved that
action on the request be postponed until next month. The motion was
defeated by a vote of (2-3) with Supervisors Casteen and Bailey voting in
favor of the motion and Supervisors Alphin, Darden and Jefferson voting
against the motion.
Supervisor Jefferson moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE UNASSIGNED
FUND BALANCE FOR THE CARRYOVER OF PUBLIC SCHOOLS
LOCAL APPROPRIATION TO ADDRESS CAPITAL MAINTENANCE
AND/OR FACILITY PROJECTS
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WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has received a request from Isle of Wight Public Schools for
carryover of $695,000 of unspent local appropriation remaining at June
30,2015; and,
WHEREAS, the Schools is requesting the carryover to address specific
capital maintenance and/or facility projects.
NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of Isle of Wight County, Virginia authorizes the
Schools requests for $692,500 of unspent local appropriation remaining at
June 30, 2015 to address specific capital maintenance and/or facility projects.
BE IT FURTHER RESOLVED that the County Administrator of Isle of
Wight County is authorized by the Board of Supervisors to make the
appropriate accounting adjustments in the budget and to do all things
necessary to give this resolution effect.
The motion was adopted by a vote of (4-1) with Supervisors Alphin, Bailey,
Darden and Jefferson voting in favor of the motion and Supervisor Casteen
voting against the motion.
Beverly H. Walkup, Director of Planning and Zoning, provided a PowerPoint
presentation outlining the history of the Pinewood Heights relocation project;
an associated Memorandum of Understanding; property acquisition; the
disposition of acquired lots; and, staff's recommendation that correspondence
be forwarded to the Town of Smithfield under the County Administrator's
signature.
Supervisor Casteen moved that staff be authorized to forward correspondence
to the Town of Smithfield under the signature of the County Administrator
advising that rather than taking possession of lots purchased with County
funds that the County's Economic Development Department assist in
marketing the acquired lots to industrial prospects and that the County be
reimbursed out of the sale proceeds totaling $303,129. The motion was
adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
County Administrator Seward highlighted the following matters for the
Board's information: Monthly Reports/Tax Levies & Collections as of
October 2015/Cash Position/Statement of the Treasurer's Accountability; Isle
of Wight County Monthly Fire/EMS Call Summary and Other Statistics FY
2015/2016; Isle of Wight Sheriff's Monthly Activity Report/September
2015; Isle of Wight Website Statistics/October 2015; Solid Waste Division
Litter Pickup; Isle of Wight Extension Report/October 2015; Employee
Holiday Luncheon; Blackwater Regional Library Bookmobile Upgrade;
Building, Grounds and Transportation Committee Minutes; Atlantic Coast
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Pipeline Route Changes; Isle of Wight Department of Social Services 2015
Annual Financial Statements; Hampton Roads Planning District
Commission/TPO Regional Legislative Forum; Virginia's Urban Crescent
Educational Funding Meeting; and, the Tree Lighting Ceremony
NEW BUSINESS
County Administrator Seward invited the Board to attend a swearing-in
ceremony for the new Board of Supervisors' members on December 15, 2015
at 3:00 p.m. in the Young -Laine Courts Building.
CLOSED MEETING
Responsive to the announcement by County Attorney Popovich that the Board
had not completed its discussion earlier during the closed meeting regarding
the salary of a specific public appointee and the resignation of a specific public
appointee, under Section 2.2-3711(A)(1) and (A)(1) respectively, Supervisor
Jefferson moved that the Board return to closed meeting for the reasons
identified. The motion was adopted by a vote of (5-0) with Supervisors
Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bailey moved that the Board return to open meeting. The motion
was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen,
Darden and Jefferson voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Bailey moved that the following resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on this
date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
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VOTE
AYES: Alphin, Darden, Jefferson, Casteen and Bailey
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Bailey moved that the Board authorize the Chairman to sign the
settlement and release of claims agreement between the County and Oyster
Pointe Construction Company in an amount not to exceed $185,000. The
motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Darden moved that Board accept the resignation of Anne Seward
as County Administrator effective December 31, 2015 and authorize the
Chairman to execute an agreement with Ms. Seward indicating acceptance of
such resignation and authorize the payment of Ms. Seward for six -months'
severance pay in the amount of $80,070 as set forth in Ms. Seward's
employment agreement. The motion was adopted by a vote of (4-1) with
Supervisors Alphin, Bailey, Darden and Jefferson voting in favor of the
motion and Supervisor Casteen voting against the motion.
The following statement was read by Chairman Alphin in his capacity as
Chairman: The Board has agreed to accept the resignation of Anne Seward
as County Administrator, effective December 31, 2015. Given the fact that
several of the new Board members campaigned on, have met and conveyed
the desire to take the Board in a different direction, the current Board and Ms.
Seward felt it was in the best interest of the County to accept her resignation.
The Board appreciates Ms. Seward's contributions to the County in the last
two years. Ms. Seward will be paid six -months' severance pay and will be
available to consult with the new County Administrator during that period.
At 9:30 p.m., the meeting was declared adjourned by the Chairman.
W. Alphi , Chairman
Carey - IS Sto Clerk
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