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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 // /1 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 2 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. 1/ 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. 1/ 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. 4 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. 7 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. 10 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 11 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. 12 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. 13 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. 14 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. 15 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. 16 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 17 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. 18 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. 19 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. 20 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 21 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. 22 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. 23 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. 24 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. 25 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 26 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 ". 27 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. 28 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. 29 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. 30 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. 31 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. 32 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.) 33 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" 34 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. 36 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. 44 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. 48 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. 1/ 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 59 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. /1 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. 60 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. 61 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 62 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 63 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. 64 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. 65 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: 66 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 67