11-19-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE NINETEENTH DAY OF NOVEMBER IN
THE YEAR TWO THOUSAND AND NINE
PRESENT: James B. Brown, Jr., Chairman
Phillip A. Bradshaw, Vice - Chairman
Al Casteen
Stan D. Clark
Thomas J. Wright, III
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
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Chairman Brown called the meeting to order at 6:00 p.m.
Supervisor Wright delivered the invocation.
The Pledge of Allegiance was conducted.
Chairman Brown called for Approval of the Agenda.
Interim County Attorney Burton offered the following amendments to
the agenda: Under Special Presentations, add a presentation regarding the
Smithfield Fire Station Project; under Special Presentations, add a
presentation by Bob DeMauri and Crystal Morphis of the Sanford
Holshouser Business Development Group regarding the Downtown
Smithfield Historic District Revitalization Project; under the County
Attorney's report, add authorization for public hearing to be held at the
second meeting in January for an Ordinance to Amend and Reenact the Isle
of Wight County Code by Amending and Reenacting Chapter 15. Taxation.
Article IV. Tax on Prepared Food and Beverages. Section 15 -25, Reports and
Remittances Generally and by Amending and Reenacting Article I. In
General, By Adding Section 15- 5.2.1. Procedure as to Collection, Section 15-
5.2.2 Reports and Remittances; and Section 15 -5.2.3 Penalty of Late
Remittance under the County Attorney's Report, add four (4) closed meeting
items; under the Consent Agenda, remove Item (D), Memorandum of
Agreement for Regional Ground Water Mitigation Program, which is
duplicated under the General Services report; and, under the Consent
Agenda, add Item (J), Monthly Financial Reports, for County and Schools.
Supervisor Wright moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Chairman Brown called for Special Presentations /Appearances.
Judy Begland, President and CEO, Opportunity, Inc., briefed the Board
on recovery efforts by that agency responsive to the pending displacement of
International Paper workers.
Lisa T. Perry, Director of Economic Development, advised the Board
that staff is seeking answers to why International Paper (IP) is closing when
it has been the third highest performing mill in the system, as well as what
will become of the existing industrial campus, its infrastructure and its
remaining assets. She advised that International Paper has indicated a
willingness to work with the County regarding appropriate reuses of the IP
industrial campus, but has been noncommittal on any specifics. She advised
that the IP site has the potential to be one (1) of the top industrial sites on the
East Coast due to its infrastructure and large aquifer. She advised that key to
the County's recovery is attracting viable companies to the Shirley T.
Holland intermodal park. She advised that staff has also requested a
comprehensive labor study be conducted by the Virginia Economic
Development Partnership and staff will be contacting appropriate officials in
Louisiana with respect to the mill closure that occurred there eighteen (18)
months ago. She advised that the following key areas have been identified
with respect to State resources: workforce; economic development; small
businesses; and, natural resources. She advised that a Project Manager is
being committed to assist the County with the attraction of companies into
the intermodal park and to assist with the design and production of branded
Isle of Wight and Franklin/Southampton joint marketing materials. She
advised that she is in the process of developing an economic development
budget for consideration which will include funding for resources relative to
recovery efforts associated with IP's closure. She advised that site selection
consultants can also begin to access information regarding the County at
www.insidetheisle.com or www.isle4jobs.com.
Supervisor Bradshaw moved that the Director of Economic
Development be directed to present information regarding private sector
partnerships with respect to economic development to the Board at its
December 17, 2009 meeting. The motion was adopted by a vote of (5 -0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Clark moved that the Director of Economic Development
be directed to provide an update to the Board regarding the Center Pointe
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development in the City of Suffolk at its December 17, 2009 meeting. The
update is to include what Center Pointe involves, where it will be located and
how far along it is in the process. The motion was adopted by a vote of (5 -0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Steven A. Aigner, Fire and EMS Coordinator, introduced Charlie
Ansell, ACA Architects, who advised the Board that that the Smithfield
Volunteer Fire Department has requested that the new fire station be bid with
a deduction of eight (8) bedrooms, three (3) bathrooms and the janitor's
closet rather than one (1) apparatus bay, front and rear concrete aprons,
pavement and three (3) parking spaces. He recommended that the bid date be
postponed until ACA has an opportunity to clearly define the deductions and
propose a schedule to rebid this project. He advised that the advantage of a
deduction is that there is less time lost in the bid process and it is a more
accurate representation of the real cost.
Supervisor Bradshaw inquired why the bid date is now being proposed
to be postponed when the Board made a motion two (2) weeks ago to put the
project out to bid due to favorable construction market conditions.
Mr. Ansell responded that following a meeting with Budget and
Finance, it was determined that not all of the cost of the project had been
identified, such as utility fees, gas, sanitation and special inspections.
Supervisor Bradshaw moved to accept the recommendation to change
the bid date. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Clark moved that County Administrator Caskey be directed
to investigate and report back to the Board regarding why utility fees, gas,
sanitation and special inspections were not identified in the original cost
estimate (and whose responsibility it was to have included these items). The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Bob DeMauri and Crystal Morphis of the Sanford Holshouser Business
Development Group presented the results of a study conducted relative to the
Downtown Smithfield Historic District project.
Supervisor Casteen moved that the Board accept the report. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
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Supervisor Bradshaw moved to amend the regular order of the agenda
and conduct the public hearings. The motion was adopted by a vote of (5 -0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
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Chairman Brown called for a public hearing on the following:
A. The application of American K -9 Interdiction, LLC, applicant,
and Isle of Wight County, owner, for a Special Use Permit to
allow for a commercial dog kennel for the training of dogs,
storage of high explosives, and the boarding of military and
civilian trainees on approximately 49.871 acres of land located at
4007 Burdette Road in the Carrsville Election District.
Matthew Smolnik, Principal Planner, introduced the application. He
recommended that the latest proffers distributed by Attorney Riddick include
the addition of "evergreen" landscaping in the second paragraph under
Proffer #8.
Chairman Brown called for persons to speak in favor of or in
opposition to the application.
William Riddick, Attorney, requested the Board's approval of the
application, noting that the Camp Washington site in Walters perfectly suits
the needs of American K -9 because it is a fifty (50) acre site, has existing
facilities and fenced -in structures. He advised that the applicant is willing to
proffer under Proffer #8 that an acoustic barrier will be constructed between
the proposed kennel and the existing residential dwellings in order to create
an acoustic envelope thus mitigating the transfer of any noise and the side
barrier will be designed similar to, but significantly more substantial, than the
new side barrier that the County requires to be installed between its own
proposed animal control facility and the adjacent Ruritan facility. He advised
that a side barrier will also be constructed on three (3) sides of the new
kennel, leaving the side facing the existing forest open. He advised that the
side barrier will be constructed with landscaping, planted trees and
vegetation. He advised that the owner also agrees to substantially increase
the sign mitigation measures by constructing a two (2) to four (4) foot high
earthen berm with landscape barriers planted on top.
Herb DeGroft of 25411 Mill Swamp Road spoke in favor of the
application noting that the service provided by these dogs in times of war is
invaluable.
Ed Easter of Hideaway Lane spoke in favor of the application noting
that the applicants have been exceptional neighbors.
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Jonelle Dixon of Central Hill spoke in favor of the application noting
that the applicant has been a good corporate citizen; that these trained dogs
can save the life of a soldier; and, that American K -9 has provided income for
the County, as well as job opportunities.
Mike Stevens, 24347 Lovers Lane, requested that the Board approve
the application and allow American K -9 to proceed with its business.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Clark moved that the application be approved, as
conditioned with the latest version distributed by Attorney Riddick, as
amended by Mr. Smolnik regarding evergreen buffers. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Chairman Brown called for a public hearing on the following:
B. An Ordinance to amend the following portions of Appendix B,
Zoning: Section 2 -1002, Definitions; Section 6 -1011 Sign
Regulations in Highway Corridor Overlay (HCO) District; and
all Sections of Article IX Signs, for the purpose of making major
revisions to the sign standards, including but not limited to:
allowable setbacks, area, height, design and construction;
computation of sign number and area; waiver criteria; and
exemption process.
Jamie Oliver, Planner, provided a brief presentation on the proposed
Ordinance amendments.
Chairman Brown called for persons to speak in favor of or in
opposition to the Ordinance.
William Riddick, the Board's appointee to the Board's Small Business
Committee, advised that the Committee is concerned that while there should
not be a by -right use, there should be some mention of an exception process.
Elliott Cohen of Carrollton recommended that the language be
reviewed pertaining to shopping centers that are turned facing in.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the following Ordinance be adopted,
as amended, with the addition on Section 9- 1005.A1 for the additional
signage to be included:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING APPENDIX B, ZONING,
ARTICLE II— INTERPRETATIONS AND BASIC DEFINITIONS,
SECTION 2 -1002 DEFINITIONS, ARTICLE VI— OVERLAY DISTRICTS,
SECTION 6 -1011 SIGN REGULATIONS IN HIGHWAY CORRIDOR
OVERLAY (HCO) DISTRICT, AND ARTICLE IX, SIGNS
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 Board of Supervisors of Isle of Wight County,
Virginia, is also concerned with the economic vitality of businesses owned
and operated within Isle of Wight County and seeks to balance business
needs with maintaining the rural character prevalent within the County;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Article II— Interpretations
and Basic Definitions, Section 2 -1002, Definitions of the Isle of Wight
County Code be amended and reenacted as follows:
Section 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 location to another.
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 act 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 120
degrees.
3. Dish (or parabolic) antenna - -A bowl shaped device, less than two
meters in diameter, that receives and transmits signals in a specific
directional pattern.
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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 place, 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/One Hundred (100) Year Flood- A flood that, on the
average, is likely to occur once every one hundred (100) years (i.e., that has a
one percent (1 %) chance of occurring each year, although the flood may
occur in any year).
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.
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
man-made 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.
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 corner 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 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
Section 5- 2000.D, 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 (4 'h) 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 continuous area of
coverage, measured fifteen (15) years from the date of installation.
Carport- A permanent roofed structure not more than 75 percent
enclosed by walls and attached to the main building for the purpose of
providing shelter for one 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 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.
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Co- location- The use of a single location structure and/or site by more
than one wireless communications service provider.
Coastal High Hazard Area (CHHA)- The portion of a coastal flood
plain 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 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 30 inches or greater
from finished grade.
Development- Any man -made 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.
Development Review Committee (DRC) —A subcommittee of the
Planning Commission whose members are appointed by the Board of
Supervisors. The Development Review Committee may grant preliminary
approval of site plans as outlined in the Zoning Ordinance and are also
authorized to grant waivers from provisions of the Zoning Ordinance in
particular circumstances.
Display Lot- An outdoor area where active nighttime sales activity
occurs and where accurate color perception of merchandise by customers is
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required. To qualify as a display lot, one 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 multi- family 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
multi - family 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.
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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:
1. 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.
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Flood Insurance Rate Map (FIRM) - An official map of a community
on which is shown both the special hazard areas and the risk premium zones
applicable to the community.
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
Flood Plain- 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.
Flood -Prone Area- Any land area susceptible to being inundated by
water from any source (see definition of flooding).
Floodproof- A construction method designed to ensure that all parts of
a structure or facility located below the base flood elevation are watertight
with walls impermeable to the passage of water and with structural
components having the capability of withstanding hydrostatic and
hydrodynamic loads and the effects of buoyancy.
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 o f
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.
Foot - candle- A unit of measure for illuminance. A unit of illuminance
on a surface that is everywhere one foot from a uniform point source of light
of one candle and equal to one lumen per square foot.
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.
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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 free standing, 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 Iiving purposes, which includes
working, sleeping, eating, cooking, or recreation, or any combination thereof.
A floor used only for storage is not a habitable floor.
Historic landmark/area- 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 certified
and/or as listed in the County's Comprehensive Plan.
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.
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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.
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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.
street.
Lot, Double frontage- An interior lot having frontage on two 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 corner lot.
Lot, Through- A lot having its front and rear yards each abutting on a
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.
alley.
Lot Line- A line dividing one (1) lot from another lot or from a street or
Lot Line, Front- On an interior lot, the lot line abutting a street or right -
of -way; or, on a corner 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
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hydrologic controls to replicate the pre - development hydrologic patterns of
watersheds through infiltrating, filtering, storing, evaporating, and detaining
runoff close to its source.
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- Manufactured means a structure constructed to
federal standards, transportable in one or more sections, which, in the
traveling mode, is 8 feet or more in width and is 40 feet or more in length, or
when erected on site, is 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.
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 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 easement s 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) or after
December 31, 1974, whichever is later, and includes any subsequent
improvements to such structures. For flood plain management purposes,
"new construction" means structures for which the "start of construction"
commenced on or after the effective date of a flood plain management
regulation adopted by a community and includes any subsequent
improvements to such structures.
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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.
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 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.
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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 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.
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.
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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
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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.
yard.
Required Open Space- Any space required in any front, side or rear
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 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.
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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
the light source; also, any light with one (1) or more beams that rotate or
move.
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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, 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- premise 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, 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.
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Sign, Off - Premise- 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- Premise- 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 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.
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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 man made -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 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.
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
genitals 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- 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
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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 man -made 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 or more lots.
The word "street" shall include the words "road ", and "highway ".
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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.
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 [and, 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.
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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 it's before damaged condition
would equal or exceed fifty percent (50 %) 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 percent (50 %) 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. The term
does not, however, include either any project for improvement of a structure
to comply with existing state or local health, sanitary or safety code
specifications or any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued designation as a "historic
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.
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Tree, Mature- Any deciduous or evergreen tree with a minimum
diameter of fourteen (14) inches when measured four (4) and one -half (1/2)
feet above ground level.
Tree, Significant- Any deciduous or evergreen tree with a minimum
diameter of twenty-two (22) inches when measured four (4) and one -half
(1/2) 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..
Video Arcade- See Commercial Indoor Amusement listed under
Commercial Use Types
Vehicle- See Motor Vehicle
Vehicle Moving Area- Any area on a site where vehicles park or drive.
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 (6) 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.
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NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Article VI—
Overlay Districts, Section 6 -1011 Sign Regulations in Highway Corridor
Overlay (HCO) District, of the Isle of Wight County Code be amended and
reenacted as follows:
Section 6 -1011 Sign Regulations in Highway Corridor Overlay (HCO)
District.
DELETED.
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Article IX—
Signs, Section 9 -1001 Purpose thru 9 -1013 Exceptions, of the Isle of Wight
County Code be amended and reenacted as follows:
Section 9 -1001 Purpose.
The purpose of this article is to encourage the effective use of signs as
a means of visual communication in the county, to maintain and enhance the
aesthetic environment and the county's ability to attract sources of economic
development and growth, to improve pedestrian and traffic safety, to
minimize the possible adverse effect of signs on nearby public and private
property, and to enable the fair and consistent enforcement of these sign
restrictions. These sign restrictions are adopted under the zoning authority of
the county in furtherance of the more general purposes set forth in this
ordinance.
Signs should be modest in size with sufficient visibility to afford
businesses identification without becoming a dominant part of the landscape
or interfering with vehicular movement along the public streets. (7- 7 -05.)
Section 9 -1002 Permits required for signs.
Except as otherwise provided in sections 9 -1003 and 9 -1004, no sign
greater than one (1) square foot in area may be constructed, erected, moved,
enlarged, illuminated or substantially altered except in accordance with the
provisions of this ordinance and in accordance with zoning and building
permits.
A. Applications for sign permits shall be submitted to the
department of planning and zoning and shall encompass detailed renderings,
including colors, sizes, lighting and location for all signs.
1. Area, size, location, material and color shall be compatible with
buildings and site design.
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2. Sign packages for development projects shall be submitted in
conjunction with the first site plan submitted for approval within the project.
(7- 7 -05.)
B. For the purpose of Article VIII, bona fide agricultural operations
shall be defined as those operating as a business, with a valid County
business license and/or documentation from the Internal Revenue Service
(IRS) that the operation is filing tax returns as a farm business.
C. A request for exception to the requirements of this Article shall
be made in accordance with Section 9 -1013.
Section 9 -1003 Exemptions.
A. The following signs are exempt from regulation under this
ordinance, except that the provisions of Section 9 -1005 shall apply:
. Signs one (1) square foot or less in area;
2. Signs erected by or on behalf of or pursuant to the authorization
of a governmental body, including legal notices, identification and
informational signs, traffic, directional, or regulatory signs;
Official signs required by federal or state regulation;
4. Flags of the United States and other nations, the Commonwealth
of Virginia, the county of Isle of Wight and other political subdivisions of the
United States and of bona fide civic, charitable, fraternal and welfare
organizations. All such flags shall be mounted in a permanent fashion with
no more than two (2) flags on a single pole. No more than three (3) multiple
pole flag displays are permitted. Flags shall be maintained in good repair and
shall not constitute a hazard to vehicular or pedestrian traffic.
5. Directional, on- premise signage which does not exceed four (4)
square feet in size and a maximum of five (5) feet in height.
6. Signs, including lighting, erected in connection with the
observance of legal holidays, provided such signs and lighting shall meet
size, illumination, and height requirements as may be required by this
ordinance. Such signs or lighting shall be erected no earlier than forty -five
(45) days before the legal holiday and removed within fifteen (15) days
following such holidays;
7. Signs prohibiting hunting or trespassing limited in area to one (1)
square foot;
8. Signs displayed on a truck, bus, or other vehicle while in use in
the normal conduct of business. (7- 7 -05.)
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9. Historical markers identifying properties or structures which
have been recognized as historically significant on National, State, or local
registries, or in policy documents adopted by the Board of Supervisors, such
as the Comprehensive Plan. Historical markers shall be allowed a maximum
height of eight (8) feet, and shall not exceed four (4) square feet in area.
10. Crop identification signs which are located in the RAC district
and which are placed in direct relation to bona fide crop production areas and
which do not exceed six (6) square feet in size and which are not in place for
more than 120 consecutive days.
Section 9 -1004 Temporary signs.
The following temporary signs are permitted without a zoning permit.
However, such signs shall conform to the requirements set forth below as
well as all other applicable requirements of this ordinance except those
contained in Sections 9 -1006.
A. Real estate advertising signs.
1. On- premises signs.
a. On premises signs advertising the sale, lease, or rental of
property shall be limited to one (1) sign per lot per street frontage or frontage
on navigable waterway.
b. Signs in residential zoning districts and residential uses in the
NC, VC, and PD -MX districts shall not exceed four (4) square feet in size
and a maximum of four (4) feet in height.
c. Signs in Rural Agricultural Conservation zoning districts shall
not exceed sixteen (16) square feet in size and a maximum of six (6) feet in
height.
d. Signs in commercial and industrial zoning districts shall not
exceed thirty -two (32) square feet in size and a maximum of ten (10) feet in
height.
e. The height of all signs shall represent a measurement from
ground level to the top of the sign structure. Such signs shall be located a
minimum of ten (10) feet from any property line.
2. Off - premises signs.
a. Off - premises signs advertising the sale, lease, or rental of
property shall be allowed in conjunction with a bona fide "open house"
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showing only and shall not be erected for more than three (3) days in any
seven (7) day period.
b. Such signs shall be limited to four (4) square feet in size and a
maximum of four (4) feet in height.
c. Such signs shall be located a minimum of ten (10) feet from any
property line.
B. Construction site or development project identification signs.
1. Such signs shall not be erected prior to the issuance of a land
disturbing permit for the property and shall be removed within ten (10) days
after the issuance of the final occupancy permit by the Building Official.
2. One (1) project identification sign shall be permitted per
construction site or development project and limited to no more than sixteen
(16) square feet in size and a maximum of ten (10) feet in height.
3. In addition, in the case of multiple principals at the construction
site or for the development project (e.g., owner, developer, architect,
engineer, contractor, or real estate or leasing agent) all identification
information shall be contained on one (1) additional sign, limited to no more
than sixteen (16) square feet in size and a maximum of ten (10) feet in height.
4. Such signs shall be located a minimum of ten (10) feet from any
property line.
C. Political campaign signs.
1. Such signs shall not be located within public rights -of -way or
attached to public utility structures and shall be limited to freestanding signs
not more than sixteen (16) square feet in area in residential zones and thirty -
two (32) square feet in area in agricultural, commercial and industrial zones.
2. Such signs shall be no more than five (5) feet in height and shall
be located a minimum of ten (10) feet from any property lines.
3. No sign shall be permitted to encroach into the sight triangle of
any street intersection.
4. Such signs shall be removed within seven (7) days following an
election, canvass or primary.
D. Special event signs.
1. Signs indicating a special event to be located on property where
the special event such as a grand opening, fair, carnival, festival or similar
35
event is to take place may be erected no more than thirty (30) days prior to
the special event and shall be removed no later than forty-eight (48) hours
after the special event has concluded. However, grand opening signs shall be
removed no later than thirty (30) days after the first day of the grand opening.
2. No sign shall be greater than thirty -two (32) square feet in size
and a maximum of ten (10) feet in height.
3. Such signs shall be located a minimum of ten (10) feet from any
property line.
4. Off - premises signs for special events sponsored by non - profit,
governmental or civic organizations may be permitted up to thirty-two (32)
square feet.
5. Grand opening and special event signs, which contain or consist
of pennants, balloons, ribbons, streamers, banners, spinners, strings of lights,
or other similar moving or stationary devices, may also be erected in
accordance with the provisions of Section 9- 1005.D.1 (above).
E. Interior window or door display signs.
1. Signs advertising the sale or promotion of specific products,
services or events may be affixed to the interior of the transparent portion of
the window or door of civic, office, commercial or industrial use types.
2. Such signs, individually or collectively, shall be limited to no
more than fifteen percent (15 %) of the surface area of the transparent portion
of the window or door to which they are attached. (7 -7 -05; 2- 15 -06; 4 -18-
06.)
Section 9 -1005 General sign restrictions and prohibitions.
A. Pertaining to all signs.
1. Signs that revolve or are animated or that utilize movement or
apparent movement to attract the attention of the public are prohibited. (7 -1-
97) Applications for digital signage can be considered through the exception
process in accordance with Section 9 -1013.
2. Signs, which contain or consist of pennants, balloons, ribbons,
streamers, banners, spinners, strings of lights, or other similar moving or
stationary devices, are prohibited, unless otherwise specifically allowed by
Section 9 -1004 of this ordinance.
3. Signs that are attached to or utilize utility poles, trees or other
signs are prohibited. Signs attached to fences or walls are prohibited unless
otherwise specifically allowed by this ordinance.
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4. Signs advertising activities, which are illegal under federal, state,
or local laws or regulations, are prohibited. (7 -1 -97)
5. Except for movie theater and fuel price signs, changeable sign
copy shall not be incorporated into a sign face, unless the changeable
component of the sign face occupies less than half the total area of the sign
face. If changeable copy is used, it shall be located adjacent to or integrated
into the sign face, and lettering shall be of a single style and of uniform color
and size.
6. Signs and advertising structures shall not obstruct any window,
door, fire escape, stairway, ladder or opening intended to provide light, air or
ingress and egress for any building or structure. (7 -1 -97)
7. The placement or attachment of signs on roofs is prohibited.
8. The parking of a vehicle to which a sign is attached for display
purposes or the use of such a vehicle for a portable sign shall be prohibited,
except for political campaign signs which shall be regulated by Section 9-
1004.C.
9. Wayside stands shall be allowed one (1) freestanding sign or one
(1) facade sign, attached to the wayside stand, no larger than four (4) square
feet in size and a maximum of six (6) feet in height.
B. Facade signs.
A. No facade sign shall be higher than the peak of the roof or the
parapet wall of any building to which the sign is attached.
B. No projecting sign shall extend more than forty-eight (48) inches
from the building or structure it is attached to.
C. Freestanding signs.
1. No signs or supporting structures shall be located within or over
any public right -of -way unless specifically approved by the regulatory
authority.
2. No sign may be erected so that by its location, color, size, shape,
nature, or message it would tend to obstruct the view of or be confused with
official traffic signs or other signs erected by governmental agencies. (7 -1-
97)
3. No sign may be located within the sight triangle as determined by
this ordinance or so that it interferes with the view necessary for motorists to
37
proceed safely through intersections or to enter onto or exit from public
streets or private roads. (7 -1 -97)
4. Portable and off- premises signs shall be prohibited unless
otherwise specifically allowed by this ordinance. (7 -7 -05; 8- 21 -08; 12 -18-
08.)
Section 9 -1006 Permitted signs.
A. Facade identification signs.
Each non - residential establishment, except for planned developments,
home occupations, and shopping centers, regulated separately, shall be
allowed a total of one (1) facade sign attached to a wall or building unit
containing the establishment. Such sign shall be limited to not more than ten
percent (10 %) of the area of the wall fronting or facing a public street or
highway, or two hundred (200) square feet, whichever is less, and shall meet
the following standards:
1. All signage on an individual parcel shall utilize a coordinated and
cohesive design for all lettering and logo colors, sizes, fonts, and images.
2. In the Village Center District, non- residential establishments
shall be limited to a total of one (1) facade sign, limited to not more than five
percent (5 %) of the area of wall fronting or facing a public street or highway
or fifteen (15) square feet, whichever is less.
3. In the case of mixed -use buildings which are not shopping
centers, each building shall be allowed a total of one (1) facade sign attached
to an exterior wall. Such sign shall be limited to not more than ten percent
(10 %) of the area of the wall it is attached to or forty (40) square feet,
whichever is less.
4. Each establishment or, in the case of mixed -use buildings which
are not shopping centers, each building is allowed one (1) projecting sign in
lieu of one (1) facade sign, which meets the following standards:
a. Each projecting sign shall be limited to not more than ten percent
(10 %) of the area of the wall fronting or facing a public street or highway, or
forty (40) square feet in size, whichever is less.
b. Non - residential establishments in the Village Center District shall
be limited to five (5) square feet in size, or less.
c. All projecting signs shall be mounted such that the bottom of the
sign is a minimum of eight (8) feet above grade.
5. Canopy or awning signs shall be allowed in addition to the one
(1) facade sign or one (1) projecting sign, provided that the total sign square
footage for the non - residential establishment does not exceed the
maximum allowed by Section 9 -1006 for facade signs. The area of canopy
of awning signs shall be calculated as specified in Section 9 -1008.
a. Canopies or awnings used for building accents over doors,
windows, etc. shall not be internally lit (i.e. from underneath or behind the
canopy or awning). Canopies or awnings containing lighting fixture that
illuminate only items below the canopy or awning, but not the canopy or
awning itself, shall be permitted.
B. Freestanding identification signs
Each non - residential establishment, except for planned developments,
home occupations, shopping centers, and those located in the Highway
Corridor Overlay (HCO) District or the Newport Development Service
Overlay (NDSO) District, regulated separately, shall be allowed a total of one
(1) freestanding sign per lot or parcel which must meet one of the design
options below.
Design Options
a. One (1) freestanding identification sign, limited to no more than
sixteen (16) square feet in size and a maximum of six (6) feet in height, and
meeting the following setbacks:
a. Where the right -of -way is greater than or equal to fifty (50) feet,
the minimum setback is five (5) feet from the edge of the right -of -way.
b. Where the right -of -way is less than fifty (50) feet, the minimum
setback is thirty (30) feet from the centerline of the road.
b. One (1) freestanding identification sign, limited to no more than
thirty-two (32) square feet in size and a maximum of six (6) feet in height,
and meeting the following setbacks:
i. Where the right -of -way is greater than or equal to fifty (50) feet,
the minimum setback is fifteen (15) feet from the edge of the right -of -way.
ii. Where the right -of -way is less than fifty (50) feet, the minimum
setback is forty (40) feet from the edge of the centerline of the road.
c. One (1) freestanding identification sign, limited to no more than
fifty (50) square feet in size and a maximum of eight (8) feet in height, and
meeting the following setbacks:
39
i. Where the right -of -way is greater than or equal to fifty (50) feet,
the minimum setback is thirty -five (35) feet from the edge of the right -of-
way.
ii. Where the right -of -way is less than fifty (50) feet, the minimum
setback is sixty (60) feet from the centerline of the road.
2. Construction standards for freestanding signs
All freestanding signs, except for home occupation signs or signs
located in the Highway Corridor Overlay (HCO) District or the Newport
Development Service Overlay (NDSO) District shall be monument -type
signs, double -post signs, or single -post signs, and shall comply with the
following standards:
a. Monument -type signs
i. The width of the base of the sign shall be equal to or greater than
the width of the sign face.
ii. The height of the base of the sign shall be less than or equal to
the height of the sign face.
iii. The total height of the sign, including the base, shall be less than
the width of the base.
iv. Sign shall be masonry, wood, high density urethane (HDU), or
composite panel made from natural and recycled materials which are
designed to simulate wood.
v. Materials, colors, and shapes of proposed signs shall be
compatible with the related buildings) located on the site and signs and
buildings on adjacent and nearby properties.
vi. Shrubs, flowers, or other landscaping materials which do not
obscure the sign face shall be incorporated into the sign installation area.
vii. Signs shall be sufficiently visible from street rights-of-way so
that the site entrances can be readily identified by both pedestrians and
persons in vehicles.
viii. Color schemes shall be subtle and the majority of the sign
structure shall be limited to earth tones or historic palettes which have been
specifically identified for the area.
ix. All signage on an individual parcel shall utilize a coordinated and
cohesive design for all lettering and logo colors, sizes, fonts, and images and
shall all be constructed utilizing the same materials.
40
i. Sign structure shall be allowed two mounting posts, set at least
seventy -five (75 %) of the total sign length apart.
ii. Mounting posts shall be a minimum size of four inch by four inch
(4 "x4 ") or five inch (5 ") diameter.
iv. Sign shall be wood, high density urethane (HDU), or composite
panel made from natural and recycled materials which are designed to
simulate wood.
v. Materials, colors, and shapes of proposed signs shall be
compatible with the related building(s) located on the site and signs and
buildings on adjacent and nearby properties.
thick.
b. Double -post signs
iii. Total sign structure height shall not exceed six (6) feet.
vi. Sign face shall be a minimum of one and one -half (1 '' /z) inches
vii. Shrubs, flowers, or other landscaping materials which do not
obscure the sign face shall be incorporated into the sign installation area.
viii. Signs shall be sufficiently visible from street rights -of -way so
that the site entrances can be readily identified by both pedestrians and
persons in vehicles.
ix. Color schemes shall be subtle and the majority of the sign
structure shall be limited to earth tones or historic palettes which have been
specifically identified for the area.
x. All signage on an individual parcel shall utilize a coordinated and
cohesive design for all lettering and logo colors, sizes, fonts, and images and
shall all be constructed utilizing the same materials.
c. Single -post signs
i. Single -post signs may be utilized in RAC, RR, and VC districts,
or for historical markers in any district.
ii. Sign structure shall be a single, vertical mounting pole.
iii. Sign face shall not be attached directly to the vertical mounting
pole and shall utilize a mounting arm attached perpendicular to the vertical
mounting pole.
41
iv. Signs shall not exceed eight (8) feet in height.
v. Sign area shall not exceed four (4) square feet.
vi. Signs shall be sufficiently visible from street rights -of -way so
that the site entrances can be readily identified by both pedestrians and
persons in vehicles.
vii. Color schemes shall be subtle and the majority of the sign
structure shall be limited to earth tones or historic palettes which have been
specifically identified for the area.
viii. All signage on an individual parcel shall utilize a coordinated and
cohesive design for all lettering and logo colors, sizes, fonts, and images and
shall all be constructed utilizing the same materials.
C. Planned Developments
1. Planned developments shall meet the standards and guidelines of
Section 9 -1006 unless a master signage plan is submitted and approved by
the Board of Supervisors as part of the master development plan specific to
the project.
2. In the case of a master signage plan for the parcel, changes which
do not have a significant impact on the architectural character or overall
quality of the development may be approved by the Planning Commission as
a minor modification. Minor modifications may include:
a. Increase in the total allowable sign square footage for each parcel
by less than 10 %.
b. Changes to the sign design standards such as allowing additional
colors, construction materials, or mounting fixture styles.
3. In the case of a master signage plan for the parcel, changes which
are deemed by the Planning Commission to have a significant impact on the
architectural character or overall quality of the development shall be
considered a major modification, requiring approval of a master plan
amendment by the Board of Supervisors. Major modifications may include:
a. Increase in the total allowable sign square footage for each parcel
by more than 10 %.
b. Changes to sign setbacks or height limitations.
c. Increase in the total number of signs for each parcel.
42
d. Changes to sign illumination standards which may increase light
spillover onto adjacent properties or establishments.
D. Home occupations
1. Home occupations are allowed one (1) freestanding sign per
parcel, limited to no more than four (4) square feet in size and four (4) feet in
height and meeting the following setbacks:
a. Where the right -of -way is greater than or equal to fifty (50) feet,
the minimum setback is five (5) feet from the edge of right -of -way.
b. Where the right -of -way is less than fifty (50) feet, the minimum
setback is thirty (30) feet from the centerline of the road.
2. Home occupation signs shall not be illuminated.
E. Shopping Centers
1. All signage within or related to the shopping center shall utilize a
coordinated and cohesive design for all lettering and logo colors, sizes, fonts,
and images, and freestanding signage shall all be constructed utilizing the
same materials.
2. Individual establishments within a shopping center shall each be
allowed one (1) facade identification sign which does not exceed ten percent
(10 %) of the area of the wall frontage dedicated to that establishment.
3. In lieu of a facade identification sign, individual establishments
within a shopping center shall each be allowed one (1) projecting sign which
does not exceed ten percent (10 %) of the area of the wall frontage dedicated
to that establishment or twelve (12) square feet, whichever is less.
a. Projecting signs utilized in the Village Center District shall be
limited to five (5) square feet in size.
b. All projecting signs shall be mounted such that the bottom of the
sign is at least eight (8) feet above grade.
A. Shopping centers shall be allowed one (1) freestanding
identification sign per road frontage, not to exceed two (2) per development,
and each limited to no more than fifty (50) square feet in size and eight (8)
feet in height, and meeting the following setbacks:
a. Where the right -of -way is >= 50 feet, the minimum setback is 35
feet from the edge of right -of -way.
43
b. Where the right -of -way is <50 feet, the minimum setback is 60
feet from the centerline of the road.
B. Freestanding identification signs for shopping centers shall meet
the construction standards as specified in Section 9- 1006.B.2.
C. Freestanding identification signs for shopping centers which
include more than one name or logo on the sign face shall utilize a
coordinated and cohesive design for all lettering and logo colors, sizes, fonts,
and images installed on the sign.
D. Out parcels platted as part of a shopping center shall be allowed
one (1) facade identification sign per establishment, not to exceed ten percent
(10 %) of the area of the wall facing a public street.
E. Out parcels platted as part of a shopping center shall not be
allowed individual freestanding signs.
F. Individual establishments which are located on the same parcel
but which are not part of a platted shopping center shall be permitted one (1)
combined freestanding sign which meets the design options and construction
standards of Section 9- 1006.B.
F. Highway Corridor Overlay (HCO) District and Newport
Development Service Overlay (NDSO) District
1. Establishments located within the Highway Corridor Overlay
(HCO) District and the Newport Development Service Overlay (NDSO)
District shall be allowed one (1) freestanding identification sign, limited to
no more than fifty (50) square feet in size an a maximum of eight (8) feet in
height, and meeting the following setbacks:
a. Where the right -of -way is greater than or equal to fifty (50) feet,
the minimum setback is thirty-five (35) feet from the edge of the right -of-
way.
b. Where the right -of -way is less than fifty (50) feet, the minimum
setback is sixty (60) feet from the centerline of the road.
2. Freestanding signs for establishments located in the Highway
Corridor Overlay (HCO) District or the Newport Development Service
Overlay (NDSO) District shall meet the following construction standards:
a. Establishments with a building area of ten - thousand (1 0,000)
square feet or less shall construct either a monument -type sign as specified in
Section 9- 1006.B.2.a. or a double -post sign as specified in Section 9-
1006.B.2.b.
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b. Establishments with a building area greater than ten - thousand
(1 0,000) square feet shall construct a monument -type sign a specified in
Section 9- 1006.B.2.a.
G. Directional Signage
1. Civic, Office, Commercial, and Industrial use types, as defined in
Article III, shall be allowed one (1) freestanding directional sign per building
entrance, not to exceed four (4) signs per parcel. Directional signage which
is exempt per Section 9 -1003 shall not be included in this total number of
signs calculation.
2. Directional signage shall meet the construction and design
standards in Section 9- 1006.B. for all freestanding signs, unless exempt per
Section 9 -1003.
3. The area of directional signs over four (4) square feet in size shall
be calculated as specified in Section 9 -1008.
H. Residential Uses
1. Residential subdivisions, multi- family developments, and mobile
home parks shall be allowed one (1) freestanding identification sign per
public entrance, meeting the setback and design standards of Section 9-
1006B.
Section 9 -1007 Sign content.
A. No exterior sign shall advertise a product, service, business
activity or institution, which occurs or is generally conducted, sold,
manufactured, produced or offered elsewhere than on the premises where
such sign is located. The content or advertising message carried by signs
hereafter erected shall be limited to one (1) or more of the following:
1. The identification of a building or building unit, or its owners, or
occupants of the premises;
2. Information concerning any lawful business - related activities on
the premises and/or goods or services offered in connection therewith, or
information concerning any lawful, nonbusiness, nonservice- related activities
or messages on or off the premises;
3. Information concerning the sale, rental or lease of the premises.
B. The street address number must be displayed on all permanent
freestanding signs in accordance with the following criteria:
45
1. Numbers used to display the street address shall meet the
minimum height requirements specified in Section 14.1 -15 of the Isle of
Wight County Code.
2. Street address numbers shall be visible from each direction of
traffic flow along the street to which the property is addressed.
3. Street address numbers shall be excluded from sign area
computation. (7- 7 -05.)
Section 9 -1008 Computation of Sign Area.
The area of a sign face shall be computed by means of the smallest
square, circle, rectangle, triangle or combination thereof that will encompass
the extreme limits of the writing representation, emblem, color or other
display, together with any material or color forming a part of the background
of the display or used to differentiate the sign from the structure against
which it is placed. The area shall not include any supporting framework,
bracing or decorative wall or fence then such wall or fence otherwise meets
these or other regulations and is clearly incidental to the display itself.
A. For signs consisting of two (2) or more sides, the sign surface
area shall be computed as described above in addition to the following
criteria:
1. The sign surface area of a two- faced, back -to -back sign shall be
calculated by using the area of only one (1) side of such sign, so long as the
distance between the backs of such signs do not exceed one (1) foot. and the
sign message, logo, text, or other display is the same on each side.
2. The sign surface area of a two -faced sign constructed in the form
of a "V" shall be calculated by using the area of only one (1) side of such
sign (the larger side if there is a size difference), so long as the angle of the
"V" does not exceed thirty degrees (30 °) and at no point does the distance
between the backs of such sides exceed five (5) feet. and the sign
message, logo, text, or other display is the same on each side.
B. The area of a canopy or awning sign shall be calculated as
specified above and the area of such signs shall be deducted from the
allowable facade sign area, as specified in Section 9- 1006.A.
C. The area of a directional sign larger than four (4) square feet in
size shall be calculated as specified above and the area of such signs shall be
deducted from the allowable freestanding sign area, as specified in Section 9-
1006.B.
D. Window signs, other than those which are specified as temporary
signs in Section 9 -1004, which are located on the interior of the structure and
46
within the interior of windows and doors and which are visible from a right -
of -way, shall be considered a sign and shall be subject to all requirements of
this article. The area of such signs shall be deducted from the allowable
facade sign area, as specified in Section 9- 1006.A.
Section 9 -1009 Sign illumination and signs containing lights.
Unless otherwise prohibited by this ordinance, signs shall be
illuminated using white lighting, provided such illumination is in accordance
with this section.
A. External lighting shall be encouraged and shall be provided by
concealed and/or screened spot or flood lights and shall be arranged and
installed so that direct or reflected illumination does not exceed twenty-five
hundredths (0.25) foot - candle above background measured at the lot line of
any adjoining residential property or street right -of -way.
B. Internal lighting shall be discouraged and shall be limited to
internal light contained within translucent letters and/or logos and provided
that the background or field on which the copy and/or logos are placed, is
opaque and the area illuminated is restricted to the sign face only. The direct
or reflected illumination shall not exceed twenty-five hundredths (0.25) foot -
candle above the background, measured at the lot line of any adjoining
residential property or street right -of -way.
C. No sign within one hundred fifty (150) feet of any residential
zone may be illuminated between the hours of 12 midnight and 6 A.M.
D. Lighting directed toward a sign shall be shielded so that it
illuminates only the face of the sign and does not shine directly into any
public or private right -of -way or residential dwelling.
E. Internally illuminated signs are not permissible in any residential
districts.
F. Internally illuminated freestanding signs may not be illuminated
during hours that the business or enterprise advertised by such sign is not
open for business or in operation. This subsection shall not apply to the
following types of signs:
1. Signs that constitute an integral part of a vending machine,
telephone booth, and signs that only indicate the time, date, or weather
conditions, or similar device whose principal function is not to convey an
advertising message.
2. Signs that do not exceed two (2) square feet in size and that
convey the message that a business enterprise is open or closed or that a place
of lodging does or does not have a vacancy.
47
G. Illuminated tubing or strings of lights that outline property lines,
sales areas, rooflines, doors, windows, or similar areas are prohibited. This
requirement shall not apply to temporary signs or sign devices erected in
connection with the observance of legal holidays.
H. No sign may contain or be illuminated by flashing or intermittent
lights or lights of changing degrees of intensity, except those portions of a
sign indicating the time, date or weather conditions. This requirement shall
not apply to temporary signs or sign devices erected in connection with the
observance of legal holidays. (7- 7 -05.)
Section 9 -1010 Maintenance of signs and required permits.
A. All signs and all components thereof, including, without
limitation, supports, braces, and anchors, shall be kept in a state of good
repair. Components of freestanding signs, (e.g., supporting structures, backs,
etc.) not bearing a message shall be constructed of materials that blend with
the natural environment or shall be painted a neutral color to blend with the
natural environment.
B. If a sign other than a billboard advertises a business, service,
commodity, accommodation, attraction, or other enterprise or activity that is
no longer operating or being offered or conducted, that sign shall be
considered abandoned and shall, within ninety (90) days after such
abandonment, be removed. The cost for removal shall be the responsibility of
the property owner.
C. If the message portion of a sign is removed, leaving only the
supporting "shell" of a sign or the supporting braces, anchors, or similar
components, the owner of the sign or the owner of the property where the
sign is located or other person having control over such sign shall, within
ninety (90) days of the removal of the message portion of the sign, either
replace the entire message portion of the sign or remove the remaining
components of the sign. This subsection shall not be construed to alter the
effect of Section 9 -1011, which prohibits the replacement of a
nonconforming sign. Nor shall this subsection be construed to prevent the
changing of the message of a sign.
D. A zoning permit for a sign shall lapse automatically if the
business license for the premises lapses, is revoked, or is not renewed. A
zoning permit for a sign shall also lapse if the business activity on the
premises is discontinued for a period of ninety (90) days or more and is not
renewed within thirty (30) days of a notice from the zoning administration to
the last permittee, sent to the premises, that the sign permit will lapse if such
activity is not renewed. (7- 7 -05.)
Section 9 -1011 Nonconforming signs.
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A. Subject to the restrictions of this ordinance, nonconforming signs
that were otherwise lawful on the effective date of this ordinance may be
continued unless such signs are required to be removed pursuant to Section
9 -1010 or 9 -1012 of this ordinance.
B. No person may engage in any activity that causes an increase in
the extent of nonconformity of a nonconforming sign. No nonconforming
sign may be enlarged or altered in such a manner as to aggravate the
nonconforming condition. Nor may illumination be added to any
nonconforming sign.
C. A nonconforming sign may not be moved or replaced except to
bring the sign into compliance with the requirements of this ordinance.
1. Exceptions.
a. A sign which does not conform to setback requirements under
this ordinance, that identifies a legally established use existing prior to the
adoption of the first zoning ordinance dated February 6, 1970, may be
replaced or repaired provided that the following requirements are met:
i. The use identified is a permitted or conditional use under the
provisions of this ordinance in effect at the time of replacement;
ii. The replacement sign does not encroach closer into the required
yard; and
iii. The sign otherwise complies with the provisions of this
ordinance, including but not limited to size, height, content, construction
standards, and sight triangle requirements.
D. If a nonconforming sign is destroyed or damaged in any manner,
to the extent that the cost of restoration to its condition before such an
occurrence shall exceed fifty (50) percent of the current replacement value at
the time of damage, the sign shall not be replaced except in compliance with
the provisions of this section and the ordinance; it may not thereafter be
repaired, reconstructed, or replaced except in conformity with all the
provisions of this ordinance, and the remnants of the former sign structure
shall be cleared from the property. For purposes of this section, a
nonconforming sign is "destroyed" if damaged to an extent that the cost of
repairing the sign to its former stature or replacing it with an equivalent sign
equals or exceeds the value of the sign so damaged.
1. Exceptions.
a. A sign which does not conform to setback requirements under
this ordinance, that identifies a legally established use existing prior to the
49
adoption of the first zoning ordinance dated February 6, 1970, may be
replaced or repaired provided that the following requirements are met:
i. The use identified is a permitted or conditional use under the
provisions of this ordinance in effect at the time of replacement;
ii. The replacement sign does not encroach closer into the required
yard; and
iii. The sign otherwise complies to the provisions of this ordinance,
including but not limited to size, height, content, construction standards, and
sight triangle requirements.
b. Signs conveying ideological, religious, social, charitable or
governmental messages unrelated to businesses, services or
manufacturing activities or goods connected therewith destroyed by
vandalism or theft may be replaced in their original location and size
dimensions.
E. The message of a nonconforming sign may be changed so Iong as
this does not create any new nonconformities by creating circumstances
where such a sign would not be allowed.
F. Subject to the other provisions of this section, nonconforming
signs may be repaired and renovated so long as the cost of such work does
not exceed, within any twelve (12) month period, fifty percent (50 %) of the
value of such sign.
G. If a nonconforming billboard remains blank for a continuous
period of ninety (90) days, that billboard shall be deemed abandoned and
shall, within thirty (30) days after such abandonment, be altered to comply
with this ordinance or be removed by the sign owner, owner of the property
where the sign is located, or any other person having control over such sign.
For purposes of this section, a sign is "blank" if:
1. It advertises a business, service, commodity, accommodation,
attraction, or other enterprise or activity that is no longer operating or being
offered or conducted;
2. The advertising message it displays becomes illegible in whole or
substantial part; or
3. The advertising copy paid for by a party other than the sign
owner or promoting an interest other than the rental of the sign has
been removed.
H. A preexisting nonconforming off - premises sign may be replaced
within six (6) months of such sign being damaged or destroyed, provided
50
the replacement sign is located in the same location and the replace
sign is no greater than three (3) square feet in size. (7 -7 -05; 4- 18 -06.)
Section 9 -1012 Removal or abandonment of signs.
A. Removal of sign. The zoning administrator may order the
removal of any sign erected or maintained in violation of this ordinance
upon thirty (30) days written notice to the owner of such signs, or the owner
of the building, structure or premises on which such sign is located, to
remove the sign or to bring such sign into compliance. Upon failure to
comply with this notice, the zoning administrator or his duly authorized
representative may remove the sign at cost to the owner. The zoning
administrator may remove a sign immediately and without notice if, in his
opinion, the condition or location of the sign is such as to present an
immediate threat to the safety of the public.
B. Abandoned signs. A sign shall be removed by the owner or
lessee of the premises upon which the sign is located when the business
which it advertises is no longer conducted on the premises. (7- 7 -05.)
Section 9 -1013 Exceptions.
A. A request for an exception to the requirements of Article IX,
Signs, shall be made in writing to the Zoning Administrator for consideration
by the Development Review Committee in accordance with Section 7 -2000
(Development review). The request shall be accompanied by those
documents determined by the Zoning Administrator to be necessary for the
Development Review Committee's consideration of the request.
B. The Development Review Committee, in formulating a decision
shall consider the following:
1. Such exception shall be of no less benefit to the residents or
occupants of the development, as well as the neighboring property, than that
which would be obtained under the applicable regulation;
2. Such exception is reasonable because of the high level of design
and construction that will be incorporated in the development; and
3. Such exception will result in design and construction that is in
accordance with accepted engineering and building standards.
C. Applicants shall be informed in writing of the outcomes of the
Development Review Committee and the process for appeal to the Board of
Supervisors should the request be denied, in accordance with Section 7 -2000
(Development review).
D. Any person or persons jointly or severally aggrieved by a
decision of the Development Review Committee shall have the right of
appeal to the Planning Commission within ten (10) business days of receipt
of the written notice of disapproval. The Planning Commission will make a
recommendation to the Board of Supervisors to either uphold or reverse the
decision of the Development Review Committee. The Board of Supervisors
shall make a final decision on the appeal.
E. Any person or persons jointly or severally aggrieved by a
decision of the Board of Supervisors 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 of the Board of Supervisors.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Brown called for a public hearing on the following:
C. Divestment of 50.101 acres parcel section of County property to
American K -9 Interdiction, LLC
Interim County Attorney Burton presented a contract for the County to
sell 50.101 acres to American K -9 at a price of $200,000. He certified that
the matter has been appropriately advertised and recommended that the
Board approve the contract.
Chairman Brown called for persons to speak in favor of or in
opposition to the matter.
William Riddick, Attorney on behalf of American K -9, advised that a
compression CPR device will be donated by American K -9 to the Carrollton
Volunteer Fire Department in gratitude of that Department's cooperation
over the last several years. He requested that the Board authorize the
Chairman to sign the contract.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Clark moved that the Chairman be authorized to execute the
Deed of Bargain and Sale and Sales Contract on behalf of the Board. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Chairman Brown called for a public hearing on the following:
52
D. An Ordinance to Amend and Reenact the Isle of Wight County
Code by Amending and Reenacting Chapter 12. Offenses —
Miscellaneous, Section 12 -1. Bad Checks Fee for Writing to
County
Interim County Attorney Burton advised that the proposed amendment
allows for persons who write a check or draft for the payment of taxes or any
other sums due the County which is subsequently returned for insufficient
funds or because there is no account or the account has been closed, shall pay
a fee to the County in the amount of $35.00 and all check writing privileges,
including the use of credit or debit cards, for such payments shall be
suspended for one (1) year following the returned check date.
Chairman Brown called for persons to speak in favor of or in
opposition to the proposed ordinance amendment.
No one appeared and spoke.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 12. OFFENSES - MISCELLANEOUS.
SECTION 12 -1. BAD CHECKS — FEE FOR WRITING TO COUNTY.
WHEREAS, the Isle of Wight County Board of Supervisors is
increasingly concerned about the passing of checks for the payment of taxes
or other sums owed the County that are returned for insufficient funds; and
WHEREAS, the Isle of Wight County Board of Supervisors believes it
necessary enact certain safeguards to prevent such activity from occurring on
a continuing basis.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that Chapter 12. Offenses — Miscellaneous.
Section 12 -1. Bad Checks — Fee for writing to county is hereby amended and
reenacted as follows:
Sec. 12 -1. Bad checks — Fee for writing to county.
Any person who utters, publishes or passes any check or draft for the
payment of taxes or any other sums due the county which is subsequently
returned for insufficient funds or because there is no account or the account
has been closed, shall pay a fee to the county in the amount of thirty-five
53
dollars and all check writing privileges, including the use of credit Obit
ds. for such payments shall be suspended for one year following the
rned check date. (2 -6 -75; 11- 15 -01; 6- 14 -07; 11- 19 -Q9.)
For state law as to authority of county to enact this section, see Code of Va. §
15.1 29.4 15.2 -106.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board return to the regular order
of the agenda, Regional Reports, following a break. The motion was adopted
by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
1/
Chairman Brown called for Regional Reports.
Regarding the VACo Annual Conference, Chairman Brown reported
that Supervisor Bradshaw had been appointed President of VACo at its
annual conference.
Supervisor Bradshaw advised that he will be meeting with the
Governor Elect and Speaker of the House with regard to the current
economic crisis.
Regarding the VACo Steering Committee on Community
Development, Chairman Brown reported that VACo opposes any legislation
to weaken the authority of local governing bodies to regulate land use.
Regarding the Affordable Housing Committee, Chairman Brown
reported that VACo supports increased Federal and State funding and
incentives to assist localities with their affordable housing.
Regarding the issue of alternate on -site sewage systems, Chairman
Brown reported that the Department of Health will be developing regulations
to govern the maintenance and operation of alternate on -site sewage systems,
which will not be subject to local authority unless a threat is proposed to the
Chesapeake Bay or other protected waters.
Chairman Brown reported that VACo supports granting localities the
authority to prescribe civil penalties for violation of local ordinances.
54
Chairman Brown reported that VACo supports local authority for
utilization conditioning zoning, i.e., proffers in order to fully fund the public
infrastructure and capital.
Regarding the Agricultural and Environmental Committee, Supervisor
Wright reported that VACo supports stormwater runoff regulations and
opposes any unfunded mandates.
Supervisor Bradshaw advised that the Board of Directors had taken
action to change the language in VACo's Priority List to encourage the
General Assembly delegation to hold harmless K -12 education through the
economic crisis. He noted that if changes do occur in education, health care,
mental health and emergency services, funding for those areas will be
restored once the economy improves. He advised that a complete overhaul of
the tax structure is being reviewed and that the Chairman of the
Appropriations Committee has asked its members to provide their individual
recommendations regarding which services should be cut statewide in order
to address the State's budget deficit, keeping in mind that there will be no
proposed tax increases. He advised that he has requested County
Administrator Caskey to review the revision to the Composite Index and
advise the Board of any impact to the County.
Supervisor Clark advised that the Transportation Committee's
legislative agenda is on -line.
Supervisor Clark reported that the High Growth Coalition is not
supportive of an impact fee ordinance and that there will be an effort to create
mandatory urban development service districts.
Supervisor Bradshaw advised that the VACoNML 2010 Legislative
Day will be on February 11 and that he will be hosting the Board of
Directors' meeting in May. He advised that there will also be a meeting in
August and a regional meeting in March/April of 2010.
Regarding the Hampton Roads Metropolitan Planning Organization,
County Administrator Caskey advised that general business items had been
discussed. He noted that the Governor has appointed Aubrey Layne to the
Commonwealth Transportation Board. He advised that the Organization is
working on developing priorities for selecting transportation and transit
projects, bikeways and facility plans and how to rank their priority within the
region. He advised that he has requested Ms. Perry to investigate what needs
to be done in order to have the Route 460 project elevated in those rankings.
He advised that a Nominating Committee had appointed citizens to a Citizens
Transportation Advisory Committee.
Regarding the Hampton Roads Military and Federal Facilities Alliance,
Chairman Brown reported that the Director of the Alliance is planning a trip
55
to the Pentagon regarding the nuclear carrier home porting in Jacksonville,
Florida and the F -22 consolidation at Langley Air Force Base.
Regarding the Hampton Roads Planning District Commission, County
Administrator Caskey reported that storm water management regulations had
been discussed and that the Commission has communicated to the Governor
and DEQ that nothing should be in place prior to January 2011. He
distributed an economic impact analysis prepared by the HRPDC with
respect to the Franklin Mill closure and a groundwater analysis relative to the
permit that International Paper currently holds relative to the pumping of
ground water. He advised that the aquifer still remains in an overused state
and it is unlikely that any of the permitted groundwater will be freed up and
diverted to other uses. He advised that the region has been taking advantage
of the State's position on wind energy and a resolution passed supporting the
development of wind energy for Hampton Roads to become the east coast
hub of manufacturing and research relative to the wind energy industry on
the eastern seaboard.
Supervisor Clark reported that the Southeastern Public Service
Authority had adopted a resolution authorizing the sale to energy plant to
Wheelabrator and rejected the all -assets sale.
Supervisor Casteen reported that the South Hampton Roads Resource
Conservation and Development Council continues to work in their project
areas.
Chairman Brown reported that the agenda for the most recent Southside
Mayors and Chairs meeting contained a report from Opportunity, Inc. on the
closure of International Paper resulting in a draft letter of proposal to be sent
to local politicians requesting that they assist with getting the IP officials to
advise them of IP's plan for the reuse of the site. He added with respect to
high speed rail, a plan needs to be developed and a consultant hired.
Following the resignation of Supervisor Bradshaw, Supervisor Wright
moved that the Board appoint Supervisor Clark to fill the unexpired term of
Supervisor Bradshaw on the Western Tidewater Water Authority.
1/
Chairman Brown called for Transportation Matters.
Edwin P. Wrightson, Director of General Services, presented a
Corridor and Access Management Study for Route 460 /Suffolk to
Southampton County for inclusion in the Hampton Roads Transportation
Planning Organization's FY2010 -14 Unified Planning Work Program for the
Board's consideration.
6
Supervisor Bradshaw moved that staff be authorized to submit a
request to the Hampton Roads Transportation Planning Organization relative
to a corridor and access management study for Route 460, from Suffolk to
Southampton County, to be included in their FY2010 -14 Unified Planning
Work Program. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
//
//
1/
Chairman Brown called for Citizens Comments.
Herb DeGroft addressed the Board concerning the success of Pulaski
County with respect to the consolidation of services. He recommended the
creation of a task force.
Jane March of Zuni requested the Board to take appropriate action to
have the derelict buildings owned by the County in the village of Zuni
demolished.
Supervisor Clark moved that the Director of General Services be
directed to return to the Board with a written plan addressing the clean up of
all County-owned properties at the Board's December 17, 2009 meeting. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Chairman Brown called for Board comments.
There were no comments offered.
Chairman Brown called for the County Attorney's report.
Interim County Attorney Burton requested that the Board review and
be prepared to discuss any proposed revisions to the Board's Rules of
Procedure at the Board's meeting of December 17, 2009.
Interim County Attorney Burton presented an agricultural lease for the
Johnson Farm for the Board's consideration.
Supervisor Bradshaw moved that the Board authorize the County
Attorney's office to advertise the agricultural lease for public hearing at the
Board's second meeting in January 2010. The motion was adopted by a vote
57
of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Interim County Attorney Burton presented a lease agreement with the
Windsor Hunt Club for the Board's consideration. He advised that the lease
terms hold no one responsible for payment of annual taxes. He further
advised that this property is owned by the Industrial Development Authority
and the Commissioner of Revenue does not assess real estate taxes on
property owned by governmental bodies; however, if taxes were assessed, the
amount owed for this tax year would be $9,434.36.
Supervisor Wright advised that the Windsor Hunt Club intends to
contact the County following the Thanksgiving holiday; otherwise, the
County is to terminate the lease.
Interim County Attorney Burton requested authorization to advertise
for public hearing at the Board's second meeting in January an Ordinance to
Amend and Reenact the Isle of Wight County Code by Amending and
Reenacting Chapter 15. Taxation. Article IV. Tax on Prepared Food and
Beverages. Section 15 -25. Reports and Remittances Generally and by
Amending and Reenacting Article I. In General. By adding Section 15- 5.2.1.
Procedure as to Collection, Section 15 -5.2.2 Reports and Remittances and
Section 15 -5.2.3 Penalty of Late Remittance.
Supervisor Wright moved that the County Attorney's office be
authorized to advertise the Ordinance for public hearing at the Board's
second meeting in January 2010. The motion was adopted by a vote of (5 -0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Interim County Attorney Burton advised that he had seven (7) matters
to discuss with the Board later during the closed meeting.
/I
Chairman Brown called for the Parks and Recreation report.
Mark W. Furlo, Director of Parks and Recreation, presented a request
from the Luter Family YMCA to expand its branch located at the Riverview
Park property in Smithfield. He requested the Board's consideration of the
draft letter contained in the agenda granting the YMCA permission to expand
its facility.
Supervisor Clark moved that the Chairman be authorized to sign the
letter, as amended, pursuant to Mr. Kovalcik's request dated November 12,
2009 and the conceptual plans contained therein. The motion was adopted by
a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Mr. Furlo presented a Resolution to Authorize the Submission of a
Grant Application and to Accept and Appropriate Grant Funds from the
Virginia Department of Transportation for the Board's consideration.
Supervisor Bradshaw moved that the following Resolution be adopted:
RESOLUTION TO AUTHORIZE THE SUBMISSION OF A GRANT
APPLICATION AND TO ACCEPT AND APPROPRIATE GRANT
FUNDS FROM THE VIRGINIA DEPARTMENT OF
TRANSPORTATION
WHEREAS, the Board of Supervisors of Isle of Wight County has
authorized submission of an application for funding from the Virginia
Department of Transportation through the Transportation Enhancement Grant
Program; and,
WHEREAS, the amount of grant funding as shall be determined and
received from the Virginia Department of Transportation needs to be
accepted and appropriated to the FY 2009 -10 Operating Budget of Isle of
Wight County, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of Isle of Wight County that grant funds in the amount
as shall be determined and received from the Virginia Department of
Transportation be appropriated to the appropriate line item in the FY 2009 -10
Operating Budget of Isle of Wight County.
BE IT FURTHER RESOLVED that the County Administrator of Isle
of Wight County is authorized to make the appropriate accounting
adjustments and to do all things necessary to give this resolution effect.
The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw,
Brown, Casteen and Wright voting in favor of the motion; no Supervisors
voting against the motion; and, Supervisor Clark absent for the vote.
Responsive to Chairman Brown, Supervisor Bradshaw advised that the
Bradby Park project will be discussed at the Board's December 17, 2009
meeting, along with other projects that may have to be delayed.
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Chairman Brown called for the General Services report.
Mr. Wrightson presented a Memorandum of Agreement for the
Regional Ground Water Mitigation Program. He advised that the existing
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agreement expires on December 31, 2010 and the Hampton Roads Planning
District Commission is requesting execution of the agreement by December
1, 2009 so that program costs can be developed and requested during the FY
2011 budget process.
Supervisor Bradshaw moved that the County Administrator be
authorized to execute the Regional Ground Water Mitigation Program
Administration Memorandum of Agreement. The motion was adopted by a
vote of (4 -0) with Supervisors Bradshaw, Brown, Casteen and Wright voting
in favor of the motion; no Supervisors voting against the motion; and,
Supervisor Clark absent for the vote.
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Chairman Brown called for the County Administrator's report.
County Administrator Caskey, responsive to the recent nor- easter,
presented a Resolution Declaring a Local Emergency to Exist in Isle of
Wight County, Virginia for the Board's consideration.
Supervisor Bradshaw moved that the following Resolution be adopted:
RESOLUTION DECLARING A LOCAL EMERGENCY
TO EXIST IN ISLE OF WIGHT COUNTY, VIRGINIA
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia, does hereby find as follows:
1. That due to the occurrence of heavy rains and high winds, the County of Isle
of Wight has experienced a condition of extreme peril to the lives, safety and
property of the residents of Isle of Wight County;
2. That as a result of this extreme peril, a resolution declaring existence of an
emergency is necessary to permit the full powers of government to deal
effectively with this condition of peril.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of
Supervisors of the County of Isle of Wight, Virginia, that a local emergency
exists in the County of Isle of Wight.
BE IT FURTHER RESOLVED that during the existence of this
emergency the powers, functions, and duties of the Director of Emergency
Services and the Emergency Services organization and functions of the County
of Isle of Wight shall be those prescribed by the laws of the Commonwealth of
Virginia and the ordinances, resolutions, and approved plans of the County of
Isle of Wight in order to mitigate the effects of said emergency.
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BE IT FURTHER RESOLVED that this resolution is effective 10:45
a.m. on November 12, 2009, and shall remain in effect until rescinded by the
Board of Supervisors as provided by law.
The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw,
Brown, Casteen and Wright voting in favor of the motion; no Supervisors
voting against the motion; and, Supervisor Clark absent for the vote.
James R. Chase, Director of Emergency Services, updated the Board on
the November 11, 2009 nor'easter, which produced wind gusts up to 55 mph
and dropped between eight (8) and ten (10) inches of rain in the County.
Supervisor Bradshaw moved that staff be directed to look at Strawberry
Plains Road, the Modest Neck Road Bridge and ensure that inspections are
performed on the foundations of the bridges on Joyner's Bridge Road and
Burdette Road. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw moved that County Administrator Caskey be
directed to communicate to Lonnie Johnson the County's concern with crop
damage. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw moved that a letter of thanks and appreciation be
sent under the Chairman's signature to all the emergency service units in the
County acknowledging their quick response and dedication during that time
in responding to the needs of the County's citizens. The motion was adopted
by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
County Administrator Caskey presented the matter of the Isle of Wight
County Scholar Program and requested the Board's direction.
Supervisor Bradshaw requested that County Administrator Caskey
place the Isle of Wight County Scholar Program as an item of discussion on
the agenda for the Board's joint meeting with the School Board on December
14, 2009 at 6:00 p.m. at the Smithfield Middle School Library.
County Administrator Caskey advised that the Governor is requesting
that the Board nominate a third individual to serve on the SPSA Board of
Directors.
The Board took no action, noting that the County has submitted the
names of two (2) volunteer individuals.
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County Administrator Caskey presented the issue of carryover of
FY2009 Operating, Capital, Grant and Special Revenue Funds for the
Board's consideration.
Interim County Attorney Burton advised that traditionally, the Board
has authorized the "rollover" of existing monies from a completed year to the
subsequent fiscal year. He advised that the Code of Virginia requires that any
amendment to the current fiscal year budget that is greater than 1% of the
adopted amount must be accomplished by publishing a notice of a meeting
and a public hearing. He advised that the Director of Budget and Finance
will prepare an appropriate resolution for public hearing at the Board's
December 17, 2009 meeting.
County Administrator Caskey commented that traditionally the Board
has adopted its Legislative Priority List to include a request for the General
Assembly to adopt Legislation to amend Section 58.1 -3831 of the Code of
Virginia to authorize counties to levy a cigarette tax on the sale and use of
cigarettes. He suggested that given the recent announcement by International
Paper and the reductions and closures previously announced by other
businesses in the County that the Board may wish to request that the
amendment to the Code only apply to the County in an effort to mitigate the
anticipated tax revenue losses.
Supervisor Bradshaw moved that staff be directed to communicate with
Senator Lucas and Delegate Tyler under the signature of the Chairman that
the Board is desirous of the tobacco tax legislation be submitted on behalf of
the County due to the announcement of the closure of International Paper and
the significant loss of tax revenue to the County. The motion was adopted by
a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
/1
Chairman Brown called for consideration of the Consent Agenda.
A. Change in Board of Supervisors' Meeting Schedule
Resolution of the Board of Supervisors of Isle of Wight
County, Virginia to Change its Meeting Schedule Adopted
by the Board at its Organizational Meeting of January 8,
2009 (December 17, 2009 Meeting to 5:00 p.m.)
B. Department of Motor Vehicles Grant
Resolution to Accept and Appropriate Funding from the
Virginia Department of Motor Vehicles
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C. Replacement of Hardy Elementary HVAC System and Windows
D. Yard Waste Recycling
E. Changes in the Secondary System of State Highways for
Waterworks Road (Route 709) and Carver Road (Route 1603)
Resolution(s) of the Board of Supervisors of Isle of Wight
County to Request the Virginia Department of
Transportation to Add a New Road to the Secondary
System of State Highways and to Abandon Road Segments
that No Longer Serve a Public Need
F. Consideration of Model Proffer Statement
G. September 24, 2009 Regular Meeting Minutes
H. October 1, 2009 Regular Meeting Minutes
I. October 15, 2009 Regular Meeting Minutes
3 Monthly Financial Reports for County and Schools
Supervisor Wright moved that Items (C), (E) and (F) be removed and
that the remaining items of the Consent Agenda be approved. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Regarding Item (C), replacement of Hardy Elementary HVAC system
and windows, Supervisor Bradshaw moved that County Administrator
Caskey be directed to research the Federal Stimulus Energy Program as far as
securing grants for this and to meet with Larry Land and VACo staff. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Bradshaw moved that legal counsel be directed to review
the application that has been submitted on behalf of the County and provide a
report back to the Board regarding its obligations. The motion was adopted
by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Regarding Item (E), Changes in the Secondary System of State
Highways for Waterworks Road (Route 709) and Carver Road (Route 1603),
Chairman Brown moved that the Director of General Services provide a
report to the Board on Waterworks Road. The motion was adopted by a vote
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of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Item (F), Consideration of Model Proffer Statement, Supervisor
Casteen moved that the Model Proffer Statement adopted. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
/1
Chairman Brown called for Appointments.
Supervisor Bradshaw moved that Ben Rideout be appointed to
represent the Carrsville District, replacing Beverly Tubbs on the Commission
on Aging. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw moved that Don Rosie be appointed to represent
the Carrsville District on the Development Review Committee. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Chairman Brown moved to appoint James B. Brown, Jr. to represent
the Hardy District on the Development Review Committee. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Casteen moved to appoint Lars Gordon to represent the
Smithfield District on the Development Review Committee. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Clark moved to appoint Leah Dempsey to represent the
Newport District on the Development Review Committee. The motion was
adopted by a vote of (4 -0) with Supervisors Bradshaw, Brown, Casteen and
Clark voting in favor of the motion; no Supervisors voting against the
motion; and, Supervisor Wright absent for the vote.
Supervisor Wright moved to appoint James O'Briant to represent the
Windsor District on the Development Review Committee. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
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1/
Chairman Brown called for Old Business.
Regarding the Camp Washington property, Supervisor Clark moved
that staff be directed to perform an initial review of that facility and review
any options for relocating the shooting range to a more remote area in the
County. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Clark moved that staff be directed to poll the residents who
reside closest to the convenience center regarding their concerns with the
convenience center (trash/noise /traffic) and bring those concerns back to the
Board to see if they can be addressed by the County. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Clark moved that staff be directed to locate a trash container
at Kings Cove Way so that debris can be loaded and hauled away. Staff is to
make contact with Harry Cassell. The motion was adopted by a vote of (5 -0)
with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Wright advised that some senior citizens are unable to walk
up the steps to put their trash in tall containers at the Staves Mill
Convenience Center and he requested that Mr. Wrightson talk to the
attendant about placing shorter containers so that they do not have to use the
steps.
Chairman Brown called for New Business.
Supervisor Clark moved that staff be directed to check with the various
schools to find out what, if any, athletic or academic achievements might be
worthy of recognition by the Board; that they be invited to the Board's first
meeting in January; that resolutions of support be prepared; and, that these
successes be placed on the County's PEG channel and the Heritage Park sign.
Staff is to proceed with only football teams and cheerleaders at this time and
return with any accomplishments deserving of recognition from the schools
at a later date. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
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Supervisor Clark requested that staff report to the Board after the first
of the year regarding what it intends to do with respect to the Homearama
and Founder's Pointe and how efforts are going to be coordinated.
With respect to Pulaski County and its success regarding shared
services, Supervisor Clark moved that staff be directed to make contact with
the Pulaski County Administrator to coordinate a group to visit that county
regarding its consolidation of services. The motion was adopted by a vote of
(5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting
in favor of the motion and no Supervisors voting against the motion.
Supervisor Clark moved that Interim County Attorney Burton bring
back to the Board a draft ordinance for its review that accomplishes the task
of accessing the cost associated with certain traffic violations. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
1/
Interim County Attorney Burton requested a closed meeting pursuant to
Section 2.2- 3711.A.3 of the Code of Virginia for the purpose of consultation
with legal counsel requiring the provision of legal advice pertaining to
acquisition of real property in the Carrsville District; pursuant to Section 2.2-
3711.A.7 for the purpose of consultation with legal counsel requiring the
provision of legal advice pertaining to International Paper; pursuant to
Section 2.2- 3711.A.3 for the purpose of consultation with legal counsel
requiring the provision of legal advice regarding the Isle of Wight County
Citizens Association; pursuant to Section 2.2- 3711.A.1 regarding discussion
of a personnel matter pertaining to a specific public official; pursuant to
Section 2.2- 3711.A.1 regarding discussion of a personnel matter pertaining to
a specific public official; pursuant to Section 2.2- 3711.A.1 regarding
discussion of a personnel matter pertaining to a specific public official; and,
pursuant to Section 2.2- 3711.A.7 regarding consultation with legal counsel
requiring the provision of legal advice pertaining to actual litigation.
Supervisor Wright 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 Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board return to open meeting.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
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I/
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.
VOTE
AYES: Bradshaw, Brown, Casteen, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
There was no action taken following the closed meeting.
At 11:30 p.m., Supervisor Bradshaw moved that the Board adjourn its
meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Brown, Bradshaw, Clark, Casteen and Wright voting in favor of the motion,
and no Supervisors voting against the motion.
Sib Y '
Carey ills Storm, Clerk
.- Phillip A. Bradshaw, Chasm
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