08-21-2014 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY-FIRST DAY OF AUGUST IN THE
YEAR TWO THOUSAND AND FOURTEEN AT 5:00 P.M. IN THE
ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
COUNTY COURTHOUSE
PRESENT: Byron B. Bailey
Rex W. Alphin
Delores C. Darden
Alan E. Casteen
Rudolph Jefferson
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
At 5:00 p.m., the Chairman called the meeting to order.
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CLOSED MEETING
County Attorney Popovich requested a closed meeting pursuant to
Section 2.2-3711(A)(1) of the Code of Virginia concerning discussion
regarding the appointment of specific appointees to County boards,
commissions, authorities; pursuant to Section 2.2-3711(A)(6) and (A)(29)
concerning the discussion or consideration of the expenditure of public funds
where competition of bargaining is involved where if made public initially the
financial interest of the governing body would be adversely affected and
regarding the award of a public contract involving the expenditure of public
funds and the discussion and terms of scope of the contract where the
discussion in open session would adversely affect the bargaining position or
negotiating strategy of the public body as it relates to the County's continued
membership in the Southeastern Public Service Authority Post 2018; pursuant
to Section 2.2-3711(A)(3) regarding the disposition of publicly held real
property where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the governing body relating to
property in the Newport and Carrsville Election Districts; and, pursuant to
Section 2.2-3711(A)(5) concerning discussion relating to five (5) businesses
or industries where no previous announcement has been made of the business
or industry's locating their facilities in the County.
Chairman Bailey moved that the Board enter the closed meeting for the
reasons stated. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Alphin moved that the Board return to open meeting. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Casteen moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WIIEREAS, 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,
WIIEREAS, 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: Bailey, Darden, Jefferson, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Casteen moved that the Chairman be authorized to execute a
letter to the Southeastern Public Service Authority Board in opposition to the
proposed host fee as requested by the City of Suffolk. The motion was adopted
by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and
Jefferson voting in favor of the motion and no Supervisors voting against the
motion.
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At 6:00 p.m., Supervisor Casteen delivered the invocation.
The Pledge of Allegiance to the Flag was conducted.
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APPROVAL OF AGENDA
A closed meeting was added following the informational items and the
issue of the Windsor water bill was moved from Informational Items to Item
(E) under the County Administrator's report.
Supervisor Alphin moved that the agenda be approved as amended. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Sheriff Mark Marshall was recognized for completion of the
Accreditation Program.
CONSENT AGENDA
A. Donation of a Fire Engine by the Smithfield Volunteer Fire
Department
B. Resolution to Consent to Assignment and Change of County Cable
Franchise Provider
C. Preliminary Subdivision Plat and Exception to Section 5.12.2.0 of the
Subdivision Ordinance for Benn's Grant
D. Assignment of Griffin Farm Lease to the Industrial Development
Authority
E. Resolution - Acceptance of Moss Creek Circle and Beacon Hill Way
into the State Secondary System of Highways
F. Resolution — Accept and Appropriate Virginia Commission for the
Arts Local Government Challenge Grant
G. Resolution — Accept and Appropriate Agriculture and Forestry
Industries Development Fund Grant for Montague Farms, Inc.
H. Resolution — Accept and Appropriate Victim Witness Grant from the
Virginia Department of Criminal Justice Services
I. Resolution — Accept and Appropriate Funds for Rural Rustic Road
Projects
J. Resolution — Accept and Appropriate Funds Virginia Department of
Health Drinking Water Program Grant Funds
K. Resolution — Recognition of Accreditation Achievement by Sheriff's
Office
No
Supervisor Darden moved that the Consent Agenda be adopted as
presented. The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
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REGIONAL REPORTS
Supervisor Darden reported that the newly created Hampton Roads
Transportation Accountability Commission had held its informational retreat.
Supervisor Jefferson reported that the Western Tidewater Regional Jail
is currently at 63% of its capacity; that the Jail's operating fund is $380,644;
and, the turnover rate for employees is 13%. He further advised that the
County has realized a savings of $5,745 by utilizing Jail inmates. He
concluded his report stating that the Jail has hired a full-time IT Support
Specialist and vendors are being solicited to perform an audit with respect
energy savings.
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There were no appointments offered for consideration.
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SPECIAL PRESENTATION/APPEARANCES
The 2014 County Fair Queens were formally introduced and the Board
received an update from the Fair Chairman on the upcoming 2014 County Fair.
The Board received an update from the Director of Parks and Recreation
regarding programs offered by that Department and listed in the Fall/Winter
Leisure Guide.
The Board received a slide presentation from the Director of Information
Resources and Legislative Affairs of animals currently available for adoption
at the County's animal shelter.
The Board received an update from the Director of Information
Technology regarding recent enhancements to the County's PEG channel.
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CITIZENS' COMMENTS
Chairman Bailey publicly recognized the Board members and County
staff for their dedicated service to the County.
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Albert Burckard thanked the Board for attending the August 11, 2014
combined meeting of the Carrollton Civic League and the Isle of Wight
Citizens Association. He requested the Board to delay action on the request
for changes to the Facilities Use Agreement under the County Attorney's
report.
Herb DeGroft recommended that an invitation be extended to members
of the Freedom of Information Act Council to attend the Board's Retreat
scheduled for September 19, 2014.
Keith Johnson, Treasurer, Carrollton Volunteer Fire Department,
identified the concerns of that Department with respect to the Facilities Use
Agreement.
Fred Mitchell, President of the Carrollton Volunteer Fire Department,
expressed his individual concern with the Facilities Use Agreement.
Scott Spears, member of Carrollton Volunteer Fire Department, notified
the Board of the need for a second means of egress at that Department. He
advised that exhaust fans are needed in the Bay area and that the columns on
the front of the building are dry rotted and cracking.
Rosa Turner, President, Rushmere Development Corporation, notified
the Board that she has been unsuccessful in her attempts to meet with the
Director of Parks and Recreation to discuss Tyler's Beach.
Christiana Tambone, Coordinator, Lower James River Association,
notified the Board of the Association's desire for an access point at Tyler's
Beach to the lower James River; that the Association would like to have an
attendant located on the premises; that the Association desires to work with the
watermen currently there and that they be allowed to access their boats any
time of the day; and, that Tyler's Beach be used as part of the expansion
process of the Captain John Smith Chesapeake National Historical Trail. She
offered that organization's technical assistance to the County as the project
moves forward.
Grant Novack, 3208 South Shore, expressed concern with the proposed
dredging of Tyler's Beach with respect to a decrease in value for surrounding
homes. He requested that the smell created during dredging be mitigated. He
requested the Board to resolve the current conditions at Tyler's Beach which
include dilapidated boats, homeless people, drugs and tents.
Jane March of Zuni made reference to the Board's proposed Retreat
agenda and the questionnaire included which residents can express their
concerns. She advised that the southern end of the County is currently
organizing its own citizen's organization and she requested the Board consider
conducting its Retreat in the centrally located Town of Windsor. She notified
the Board regarding her inability to review certain information on the County's
website and she requested that staff review the website to ensure it is
functioning properly.
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PUBLIC HEARINGS
A. Amendment to Conditional Zoning to Allow for Retail Sales for Par 5
Development Group, LLC
Matthew Smolnik, Assistant Director of Planning and Zoning, provided
an overview of the application and advised that the Planning Commission
voted 8-0 to recommend its approval.
Chairman Bailey called for persons to speak in favor or in opposition to
the proposed amendment.
Charles Yackafit of Bradby's Lane notified the Board that his property
has been flooding for many years from the retention pond on Route 10 and this
development will only add to existing drainage problems with the ditches
which are in need of being cleaned out.
Rosa Turner of Old Stage Highway spoke in favor of the application
stating that it will create jobs in the Rushmere area.
Mr. Smolnik advised the Board that post development runoff cannot
exceed predevelopment runoff and the County's team of engineers will ensure
that drainage issues are addressed during site plan review.
Chairman Bailey closed the public hearing and called for comments from
the Board.
Supervisor Jefferson moved that the amendment to conditional zoning to
allow for retail sales for Par 5 Development Group, LLC be approved. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
B. Amend Floodplain Management District Regulations of the County
Code (Appendix B., Zoning)
Mr. Smolnik provided an overview of the proposed amendment revised
to comply with State and Federal regulations.
Chairman Bailey called for persons to speak in favor or in opposition to
the proposed amendment.
No one appeared and spoke.
Chairman Bailey closed the public hearing and called for comments from
the Board.
it
Supervisor Alphin moved that the following Ordinance amendment be
adopted:
AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT
COUNTY CODE BY AMENDING AND REENACTING APPENDIX B,
ZONING, ARTICLE II, ENTITLED "INTERPRETATIONS AND BASIC
DEFINITIONS", SECTION 2-1002, ENTITLED "DEFINITIONS";
ARTICLE VI, ENTITLED "OVERLAY DISTRICTS", SECTION 6-4002,
ENTITLED "DESIGNATION OF THE FLOODPLAIN
ADMINISTRATOR", SECTION 6-4003, ENTITLED "SUBMITTING
TECHNICAL DATA", SECTION 6-4004, ENTITLED "APPLICABILITY",
SECTION 6-4006, ENTITLED "ABROGATION AND GREATER
RESTRICTIONS", SECTION 6-4008, ENTITLED "PENALTY FOR
VIOLATION", SECTION 6-4009, ENTITLED "PERMIT REQUIRED",
SECTION 6-4011, ENTITLED "GENERAL PROVISIONS", SECTION 6-
4012, ENTITLED "SPECIAL STANDARDS AND REQUIREMENTS" FOR
THE PURPOSE OF UPDATING THE FLOODPLAIN MANAGEMENT
DISTRICT REGULATIONS AND ASSOCIATED DEFINITIONS.
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia,
has the legislative authority to make reasonable changes to the ordinances that
govern the orderly growth and development of Isle of Wight County; and
WHEREAS, the Isle of Wight County Board of Supervisors adopted the
Floodplain Management Overlay (FPMO) District provisions to prevent the
loss of life and property, the creation of health and safety hazards, the
disruption of commerce and governmental services, the extraordinary and
unnecessary expenditure of public funds for flood protection and relief, and the
impairment of the tax base; and
WHEREAS, the FPMO is further intended to ensure that all property
owners within the County are eligible for participation in the National Flood
Insurance Program and able to secure such insurance at nominal rates; and
WHEREAS, Isle of Wight County Board of Supervisors finds it
necessary to revise the provisions of the FPMO to comply with the National
Flood Insurance Program.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Article II, entitled
"Interpretations and Basic Definitions", Section 2-1002, entitled "Definitions"
of the Isle of Wight County Code be amended and reenacted as follows:
Sec. 2-1002. Definitions.
When used in this ordinance the following terms shall have a meaning as
ascribed herein:
Abutting.\ Having a common border with, or being separated from such
common border by right-of-way, alley or easement.
Access, pedestrian.\ The right to cross between public and private property,
allowing pedestrians to enter and leave property.
h
Access, vehicular.\ A means of vehicular approach or entry to or exit from
property, from a street or highway.
Accessory building.\ A subordinate building customarily incidental to and
located upon the same lot occupied by the main building. When an accessory
building is attached to the principal building in a substantial manner, as by a
wall or roof, such accessory building shall be considered a part of the principal
building.
Accessory use.\ A use customarily incidental and subordinate to, and on the
same lot as a principal use.
Administrator.\ See "zoning administrator."
Alley.\ A right-of-way that provides secondary service access for vehicles to
the side or rear of abutting properties.
Alteration.\ Any change or rearrangement of supporting members of an
existing building, such as bearing walls, columns, beams, girders or interior
partitions, as well as any change in doors or windows or any enlargement to or
diminution of a building or structure, whether horizontally or vertically, or
moving of a building or structure from one (1) location to another.
Alternate discharge sewage system.\ Any device or system which results in a
point source surface discharge of treated sewage with flows less than or equal
to one thousand (1,000) gallons per day on a yearly average. These systems are
regulated by the Virginia Department of Health and under a general Virginia
Pollution Discharge Elimination System (VPDES) permit issued by the
Virginia Department of Environmental Quality (DEQ).
Amend\ or amendment. Any repeal, modification or addition to a regulation;
any new regulation: any change in the number, shape, boundary or area of a
zone or zoning district; or any repeal or abolition of any map, part thereof or
addition thereto.
Amenity space.\ Space devoted to such uses as uncovered open space for
public enjoyment consisting of such things as, but not limited to: green areas,
gardens, malls, plazas, walks, pathways, promenades, arcades, lawns,
fountains, decorative plantings, passive or active recreational areas. Such space
shall not include parking or maneuvering areas for vehicles. Area devoted to
this purpose shall be easily and readily accessible to the public or residents of
the development. In areas where pedestrian walkways are shown on an
approved and adopted master plan such area within the percentage required for
amenity space as is necessary shall be devoted to the provision of pedestrian
walkways or paths for general public use.
Anchor store.\ A store that acts as the major retailer and brings in the majority
of business within a shopping center, mall or similar commercial complex.
Antenna.\ A device in which the surface is used to capture an incoming and/or
transmit an outgoing radio-frequency signal. Antennas shall include the
following types:
1. Omnidirectional (or "whip") antenna...... An antenna that receives and
transmits signals in a 360 -degree pattern.
2. Directional (or "panel") antenna. ..... An antenna that receives and
transmits signals in a directional pattern typically encompassing an arc of one
hundred twenty (120) degrees.
3. Dish (or parabolic) antenna...... A bowl shaped device, less than two (2)
meters in diameter, that receives and transmits signals in a specific directional
pattern.
M.
Arcade.\ A covered passage having an arched roof.
Attic.\ The area between roof framing and the ceiling of the rooms below that
is not habitable, but may used for storage or mechanical equipment.
Improvement to habitable status shall make it a story.
Automobile.\ See "motor vehicle."
Automobile wrecking yard.\ Automobile wrecking yard shall mean any lot or
place which is exposed to the weather and upon which more than two (2)
vehicles of any kind that are incapable of being operated and which it would
not be economically practical to make operative, are placed, located or found
for a period exceeding thirty (30) days. The movement or rearrangement of
such vehicles within an existing lot or facility shall not render this definition
inapplicable. (See also scrap and salvage services in section 3-700.)
Base density.\ The maximum number of dwelling units permitted outright by
a particular land -use classification.
Base flood\ The flood having a one (1%) percent chance of being equaled or
exceeded in any given year.
Base flood elevation.\ The Federal Emergency Management Agency
designated one percent annual chance water surface elevation. The water
surface elevation of the base flood in relation to the datum specified on the
community's Flood Insurance Rate Map. For the purposes of this ordinance,
the base flood is one hundred (100) year flood or I% annual chance flood.
Basement.\ That portion of a building that is partly or completely below grade.
A basement shall be counted as a story if its ceiling is over six (6) feet above
the average level of the finished ground surface adjoining the exterior walls of
such story, or if it is used for business or dwelling purposes. For the purposes
of floodplain management, any area of the building having its floor subgrade
(below ground level) on all sides.
Billboard.\ See "sign, billboard."
B lock.\ 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.
Is
Building, floor area.\ The total number of square feet area in a building,
excluding uncovered steps, and uncovered porches, but including the basement
and the total floor area of accessory buildings on the same lot.
Building, height.\ The height of a building is the mean vertical distance from
the average established grade in front of the lot or from the average natural
grade at the building line, if higher, measured to the following: to the roof line,
to the average height of the top of the cornice of flat roofs, to the deck line of
a mansard roof, to the middle height of the highest gable or dormer in a pitched
or hipped roof, except that, if a building is located on a terrace, the height above
the street grade may be increased by the height of the terrace. On a comer lot,
the height is the mean vertical distance from the average natural grade at the
building line, if higher, on the street of greatest width, or if two (2) or more
such streets are of the same width, from the highest of such grades.
Building line.\ A line parallel to the front property line of a yard beyond which
the foundation wall and/or any enclosed porch, vestibule, or other enclosed
portion of a building shall not project, except as provided in subsection 5-
2000.1), supplementary density and dimensional requirements.
Building, main.\ See "principal building or structure."
Building official, superintendent of building inspections.\ The person
designated as the official responsible for enforcing and administering all
requirements of the Uniform Statewide Building Code in Isle of Wight County,
Virginia.
Bulk regulations.\ Controls that establish the maximum size of buildings and
structures on a lot or parcel and the buildable area within which the structure
may be placed, including lot coverage, height, setbacks, density, floor area
ratio, open space ratio, and landscape ratio.
Caliper.\ A measurement, in diameter, of plant material size. All plant material
requiring a caliper measurement shall be measured using diameter at breast
height (DBH), which is defined as four and one-half (4'/2) feet above the
ground on the uphill side of the tree or plant.
Camping site.\ Any plot of ground within a campground used or intended for
occupation by the camping unit.
Camping unit.\ A tent, tent trailer, camping trailer, pickup camper, motor
home, recreational vehicle or any other commonly used temporary shelter
device used as temporary living quarters or shelter during periods of recreation,
vacation, leisure time or travel. To qualify as a camping unit, vehicular and
mobile units shall be eligible to be currently licensed and registered by a
governmental body and shall be legal to travel on Virginia highways without
special permits for size, weight or other reasons.
Canopy.\ A roof -like structure of a permanent nature which may be
freestanding or project from a wall of a building or its supports.
Canopy coverage.\ The percent of a fixed land area covered by the crown of
an individual plant exceeding five (5) feet in height and measured fifteen (15)
years from the date of installation. Or the percent of a fixed land area covered
by the outermost limits of the crown of a cluster of plants exceeding five (5)
feet in height, which create one (1) continuous area of coverage, measured
fifteen (15) years from the date of installation.
Carport.\ A permanent roofed structure not more than seventy-five percent
(75%) enclosed by walls and attached to the main building for the purpose of
providing shelter for one (1) or more motor vehicles.
Cellar.\ See "basement."
Certificate of occupancy.\ A document issued by the building official allowing
the occupancy or use of a structure and certifying that the structure and/or site
has been constructed and is to be used in compliance with all applicable plans,
codes and ordinances.
Channel.\ A natural or artificial watercourse with a definite bed and banks to
confine and conduct continuously or periodically flowing water.
Child.\ Any natural person under eighteen (18) years of age.
Chord.\ A line segment joining any two (2) points of a circle.
Circulation area.\ That portion of the vehicle accommodation area used for
access to parking or loading areas or other facilities on the lot. Essentially,
driveways and other maneuvering areas (other than parking aisles) comprise
the circulation area.
Co -location.\ The use of a single location structure and/or site by more than
one (1) wireless communications service provider.
Coastal A Zone.\ Flood hazard areas that have been delineated as subject to
wave heights between 1.5 feet and 3 feet and identified on the Flood Insurance
Rate Maps (FIRMs) as areas of Limits of Moderate Wave Action (LiMWA).
Coastal high hazard area (CHHA).\ The portion of a coastal floodplain having
special flood hazards that is subject to high velocity waters, including hurricane
wave wash. The area is designated on the flood insurance rate map (FIRM) as
zone VI -30, VE or V (V -zones).
Combination use.\ A use consisting of a combination of one (1) or more lots
and two (2) or more principal uses separately listed in the district regulations.
Commercial vehicle.\ A vehicle designed to have more than two (2) rear
wheels on a single axle. This shall not apply to pickup body type trucks,
passenger van type vehicles, or to vehicles essential for an agricultural use
associated with the premises.
Community impact statement.\ A document required by the county which
outlines the impact a proposed development will have on environmental and
cultural resources, and county services, including, but not limited to schools,
fire and rescue, and public utilities.
Conditional use.\ A conditional use is a use that, because of special
requirements or characteristics, may be allowed in a particular zoning district
only after review and recommendation by the planning commission and the
granting of conditional use approval by the board of supervisors imposing such
conditions as necessary to make the use compatible with other uses permitted
in the same zone or vicinity.
Deck.\ A structure, without a roof or walls, directly adjacent to a principal
building, which has an average elevation of thirty (30) inches or greater from
finished grade.
Development.\ Any 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.
Display lot.\ An outdoor area where active nighttime sales activity occurs and
where accurate color perception of merchandise by customers is required. To
qualify as a display lot, one (1) of the following specific uses must occur: motor
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vehicle sales, boat sales, recreational vehicle sales, gardening or nursery sales.
Any other use must be approved as display lot uses by the zoning administrator.
Dripline.\ A vertical projection to the ground surface from the furthest lateral
extent of a tree's leaf canopy.
Driveway.\ A roadway providing access for vehicles to a parking space,
garage, dwelling, or other structure. A driveway serves only one (1) or two (2)
lots.
Dwelling.\ A building, or portion thereof, designed or used exclusively for
residential occupancy, including single-family dwellings, two-family
dwellings, and multifamily dwellings, but do not include, hotels, motels,
boarding and rooming houses, bed and breakfast establishments, and the like.
Dwelling unit.\ One (1) or more rooms physically arranged so as to create an
independent housekeeping establishment for occupancy by one (1) family with
toilets and facilities for cooking and sleeping separate from any other dwelling
unit.
Earthcraft certified construction.\ An environmentally friendly, residential
building program developed by the Southface Energy Institute which requires
certified builders to meet guidelines for energy efficiency, water conservation,
and other environmental practices on single-family and multifamily unit
construction. Similar to the LEED certification program, but focused
specifically on residential development.
Earth tone.\ A color scheme that draws from a color palette of browns, tans,
grays, greens, and some reds. The colors in an earth tone scheme are muted
and flat in an emulation of the natural colors found in dirt, moss, trees, and
rocks. Many earth tones originate from clay earth pigments, such as umber,
ochre, and sienna. Colors such as orange and blue are not considered earth
tones because they are not found naturally on pieces of land even though they
can be found within nature.
Elevation.\ A vertical distance above or below a fixed reference point.
Environmental assessment.\ An analysis of the beneficial or detrimental effects
of a development on the natural resources and characteristics of the property,
including resources such as, but not limited to wetlands, flora and fauna, and
other ecosystems.
Equipment enclosure.\ A small building, cabinet, or vault used to house and
protect electronic or mechanical equipment. Associated equipment may
include, but is not limited to, air conditioners and emergency generators.
Expansion to an existing manufactured home park or subdivision.\ For the
purposes of floodplain management means the preparation of additional sites
by the construction of facilities for servicing the lots on which the
manufacturing homes are to be affixed (including the installation of utilities,
the construction of streets, and either final site grading or the pouring of
concrete pads).
Facade.\ That portion of any exterior elevation of the building extending from
grade to top of the parapet, wall, or eaves and the entire width of the building
elevation.
Family.\ An individual, or two (2) or more persons related by blood, marriage
or adoption, or a group of not more than four (4) unrelated persons, occupying
a single-family dwelling.
Flood.\ A general and temporary condition of partial or complete inundation
of normally dry land areas from:
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1. The overflow of inland or tidal waters;
2. The unusual and rapid accumulation or runoff of surface waters from any
source;
3. Mudslides (i.e., mudflows) which are proximately caused by flooding
and are akin to a river of liquid and flowing mud on the surfaces of normally
dry land areas, as when earth is carried by a current of water and deposited
along the path of the current.
A flood may be further defined as the collapse or subsidence of land along the
shore of a lake or other body of water as a result of erosion or undermining
caused by waves or currents of water exceeding anticipated cyclical levels or
suddenly caused by an unusually high water level in a natural body of water
accompanied by a severe storm, or by an unanticipated force of nature, such as
a flash flood or by some similarly unusual and unforeseeable event which
results in flooding.
Flood hazard zone.\ The delineation of special flood hazard areas into
insurance risk and rate classifications on the flood insurance rate map (FIRM)
published by the Federal Emergency Management Agency (FEMA) and which
include the following zones and criteria:
1. Zone A:..... Areas subject to inundation by the 100 -year flood where
detailed analyses have not been performed and base flood elevations are not
shown.
2. Zone AE: ..... Areas subject to inundation by the 100 -year flood as
determined by detailed methods with base flood elevations shown within each
area.
3. Zone VE:..... Areas along coastal regions subject to additional hazards
associated with storm wave and tidal action as well as inundation by the 100 -
year flood.
4. Zone X: ..... Areas located above the 100 -year flood boundary and
having moderate or minimal flood hazards.
Flood insurance rate map (FIRM).\ An official map of a community, on which
the Federal Emergency Management Agency has delineated both the special
hazard areas and the risk premium zones applicable to the community. A FIRM
that has been made available digitally is called a Digital Flood Insurance Rate
Map (DFIRM).
Flood insurance study.\ An examination, evaluation and determination of flood
hazards and, if appropriate, corresponding water surface elevations, mudslide
hazards and/or flood -related erosion hazards.
Floodplain.\ A relatively flat or low land area adjoining a river, stream or
watercourse which is subject to partial or complete inundation; an area subject
to the unusual and rapid accumulation or runoff of surface water from any
source.
Flood -prone area.\ Any land area susceptible to being inundated by water from
any source (see definition of flooding).
Floodproofing.\ Any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood damage
to real estate or improved real property, water, sanitary facilities, structures and
their contents.
Floodway.\ The channel of a river or other watercourse and the adjacent land
areas required to carry and discharge the 100 -year flood without increasing the
water surface elevation of that flood more than one (1) foot at any point.
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Floor area.\ The square feet of floor space within the outside lines of walls,
including the total of all space on all floors of a building. Floor area shall not
include porches, garages, or unfinished space in a basement or attic.
Floor area ratio (FAR).\ The total floor area of all buildings or structures on a
lot divided by the net developable area of the lot.
Footcandle.\ A unit of measure for illuminance. A unit of illuminance on a
surface that is everywhere one (1) foot from a uniform point source of light of
one (1) candle and equal to one (1) lumen per square foot.
Freeboard.\ A factor of safety usually expressed in feet above a flood level for
purposes of floodplain management. "Freeboard" tends to compensate for the
many unknown factors that could contribute to flood heights greater than the
height calculated for a selected size flood and floodway conditions, such as
wave action, bridge openings, and the hydrological effect of urbanization in
the watershed. When a freeboard is included in the height of a structure, the
flood insurance premiums may be less expensive.
Frontage.\ The linear measurement in feet of the front property line abutting a
street.
Functionally dependent use.\ A use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the loading and
unloading of cargo or passengers, and ship building and ship repair facilities,
but does not include long-term storage or related manufacturing facilities.
Garage, private.\ An accessory building which is designed or used for the
storage of vehicles owned and used by the occupants of the building to which
it is accessory and which is not operated as a separate commercial enterprise.
Gazebo.\ A detached, covered freestanding, open-air or screened accessory
structure designed for recreational use only and not for habitation.
Glare.\ The sensation produced by a bright source within the visual field that
is sufficiently brighter than the level to which the eyes are adapted to cause
annoyance, discomfort, or loss in visual performance and visibility; blinding
light.
Green roof.\ The roof of a building which is partially or completely covered
with vegetation and soil or other growing medium planted over a waterproof
membrane.
Habitable floor.\ Any floor usable for living purposes, which includes working,
sleeping, eating, cooking, or recreation, or any combination thereof. A floor
used only for storage is not a habitable floor.
Highest adjacent grade.\ For the purposes of floodplain management, the
highest natural elevation of the ground surface prior to construction next to
the proposed walls of a structure;
Historic landmark/area/structure.\ Any structure that is:
1. Listed individually in the National Register of Historic Places (a 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;
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3. Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the Secretary of
the Interior; or
4. Individually listed on a local inventory of historic places in communities
with historic preservation programs that have been listed in the county's
comprehensive plan or certified:
a. by an approved state program as determined by the Secretary of the
Interior; or
b. directly by the Secretary of the Interior in states without approved programs
Home garden.\ An accessory use in a residential district for the production of
vegetables, fruits and flowers generally for use or consumption, or both, by the
occupants of the premises.
Impervious surface.\ A surface composed of any material that significantly
impedes or prevents natural infiltration of water into the soil. Impervious
surfaces may include, but are not limited to; buildings, roofs, streets, parking
areas, and any concrete, asphalt, or compacted gravel surface.
Intelligent siting.\ The practice of building placement which gives high
consideration to environmental aspects such as solar orientation, seasonal
shading, prevailing winds, etc., in order to allow for increased energy
efficiency.
Junkyard.\ Junkyard shall mean any establishment or place of business which
is maintained, operated, or used for storing, keeping, buying, or selling junk,
or for the maintenance or operation of an automobile wrecking yard. For
purposes of this definition, "junk" shall mean old or scrap copper, brass, rope,
rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled, or
wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous
or nonferrous material. (See also "scrap and salvage services" in section 3-
700.)
Kiosk.\ A freestanding structure upon which temporary information and/or
posters, notices, and announcements are posted. Commercial transactions do
not take place here.
Landscape.\ An expanse of natural scenery or the addition or preservation of
lawns supplemented by, shrubs, trees, plants or other natural and decorative
features to land.
Landscape surface ratio (LSR).\ A measure, expressed as a percentage, of the
area to be landscaped on a site determined by dividing the landscaped area of
the site by the total project area.
LEED certified.\ Leadership in energy and environmental design (LEED)
certification program administered by the U.S. Green Building Council, which
requires designers to meet guidelines for energy efficiency, water
conservation, and other environmental practices.
Light trespass.\ Light from an artificial light source that is intruding onto
adjacent properties and is a nuisance.
Livestock.\ Swine, sheep, cattle, poultry or other animals or fowl which are
being produced primarily for food, fiber, or food products for human
consumption.
Loading and unloading area.\ The area on a lot designated for bulk pickup and
deliveries of merchandise and materials directly related to the use on said lot.
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Lot.\ A parcel of land intended to be separately owned, developed, or otherwise
used as a unit, established by plat, subdivision or as otherwise permitted by
law.
Lot, corner.\ A lot abutting on two (2) or more streets at their intersection.
Lot, depth of.\ The shortest horizontal distance between the front and rear lot
lines. Lot, double frontage.\ An interior lot having frontage on two (2) streets.
Lot, flag.\ A lot not fronting on or abutting a public roadway or having limited
frontage necessary for access and where access to the public roadway is
essentially limited to a narrow private right-of-way.
Lot, interior.\ A lot other than a corner lot.
Lot, through.\ A lot having its front and rear yards each abutting on a street.
Lot area.\ The total horizontal area in square feet within the lot lines of a lot
excluding designated future public rights-of-way.
Lot coverage.\ A measure of intensity of land use that represents the portion of
a site that is impervious (i.e., does not absorb water). This portion includes, but
is not limited to, all areas covered by buildings, parked structures, driveways,
roads, sidewalks, and any area of concrete or asphalt.
Lot line.\ A line dividing one (1) lot from another lot or from a street or alley.
Lot line, front.\ On an interior lot, the lot line abutting a street or right-of-way;
or, on a 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
hydrologic controls to replicate the pre -development hydrologic patterns of
watersheds through infiltrating, filtering, storing, evaporating, and detaining
runoff close to its source.
Lowest floor.\ For the purpose of floodplain management, the lowest floor of
the lowest enclosed area (including basement). An unfinished or flood -
resistant enclosure, useable solely for parking of vehicles, building access or
storage in an area other than a basement area is not considered a building's
lowest floor; provided, that such enclosure is not built so as to render the
structure in violation of the applicable non -elevation design requirements of
Federal Code 44CFR §60.3.
Luminary.\ A lighting fixture assembly or source of artificial illumination
including, but not limited to, bulbs, lamps, reflectors, refractors, and housing
associated with them.
Manufactured home.\ Manufactured [home] means a structure constructed to
federal standards, transportable in one (1) or more sections, which, in the
traveling mode, is eight (8) feet or more in width and is forty (40) feet or more
in length, or when erected on site, is three hundred twenty (320) or more square
feet, and which is built on a permanent chassis and designed to be used as a
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dwelling with or without a permanent foundation when connected to the
required utilities, and includes the plumbing, heating, air conditioning, and
electrical systems contained therein.
Manufactured home park, existing.\ A parcel of land divided into two (2) or
more manufactured home lots for rent or sale existing prior to 08/19/1991.
Manufactured home park or subdivision, new.\ means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots
on which the manufactured homes are to be affixed (including at a minimum,
the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed on or after 08/19/1991.
Mean sea level.\ National Geodetic Vertical Datum (NGVD) of 1929, to which
all elevations on the FIRM (flood insurance rate map) and within the flood
insurance study are referenced.
Mixed-use structure.\ A building or other structure containing a combination
of two (2) or more different principal uses.
Motor vehicle.\ Any self-propelled vehicle designed primarily for
transportation of persons of goods along public streets or alleys, or other public
ways.
Net developable area.\ The land deemed suitable for development within a
given area or parcel. It is calculated by subtracting the sensitive environmental
areas within the area or parcel that should be protected from development and
the estimated right-of-way requirements and existing regional transmission
line easements and rights-of-way from the total gross area. The result is the net
developable area, which provides a realistic measure of land holding capacity
for an area or parcel in the county. Refer to section 5-4000, net developable
area, for additional information on net developable area.
New construction.\ For the purposes of determining insurance rates, structures
for which the "start of construction" commenced on or after the effective date
of an initial FIRM (flood insurance rate map),08/19/91, and includes any
subsequent improvements to such structures. For floodplain management
purposes, "new construction" means structures for which the "start of
construction" commenced on or after the effective date of a floodplain
management regulation adopted by a community and includes any subsequent
improvements to such structures.
Nonconforming activity or use.\ The otherwise legal use of a building or
structure or of a tract of land that does not conform to the use regulations of
this ordinance for the district in which it is located, either at the effective date
of this ordinance or as a result of subsequent amendments to the ordinance.
Nonconforming building or structure.\ An otherwise legal building or structure
that does not conform with the yard, height, maximum density or other bulk
regulations, or is designed or intended for a use that does not conform to the
use regulations, of this ordinance for the district in which it is located, either at
the effective date of this ordinance or as result of subsequent amendments.
Nonconforming lot.\ An otherwise legally platted lot that does not conform to
the minimum area or width requirements for the district in which it is located
either at the effective date of this ordinance or as a result of subsequent
amendments to this ordinance.
Nonconforming site.\ An otherwise legal site for which existing improvements
do not conform to the lot coverage, bufferyard, landscaping, parking and other
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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.
Parking area aisle.\ That portion of the parking area consisting of lanes
providing access to parking spaces.
Parking area, lot or structure.\ An off-street area for parking or loading and
unloading, whether required or permitted by this ordinance, including
driveways, access ways, aisles, and maneuvering areas, but not including any
public or private street right-of-way.
Parking space.\ A portion of the parking area set aside for the parking of one
(1) vehicle.
Patio.\ A level surfaced area, directly adjacent to a principal building, without
walls or a roof intended for outdoor lounging, dining, and the like, which has
an average elevation of less than thirty (30) inches from finished grade.
Permeable materials.\ A variety of product alternatives to traditional,
impervious surface materials which allow for the infiltration of stormwater
through the soil to more naturally reduce runoff volumes and filter pollutants.
Increased infiltration occurs either through the paving material itself, or
through void spaces between individual paving blocks (also called pavers).
Materials may include, but are not limited to: pervious concrete, pervious
asphalt, block and concrete modular pavers, and grid pavers.
Permit, building.\ An official document or certification permit that is issued by
the building official and which authorizes the construction, alternation,
enlargement, conversion, reconstruction, remodeling, rehabilitation, erection,
demolition, moving or repair of a building or structure. This permit should not
be a substitute for a zoning permit.
Permit, conditional use.\ A permit issued by the county board of supervisors
authorizing the operation of a use under certain conditions and standards.
W
Permit, special use.\ A permit issued by the county board of supervisors
authorizing a use not otherwise provided for in this ordinance as a permitted or
conditional use.
Permit, zoning.\ A permit issued by the zoning administrator that authorizes
the recipient to make use of property in accordance with the requirements of
this ordinance.
Phase I archeological study.\ A survey of archaeological resources undertaken
in accordance with the Secretary of the Interior's Standards and Guidelines (48
FR, 44742) as may be amended and the Guidelines for Conducting Cultural
Resource Survey in Virginia prepared by the Virginia Department of Historic
Resources, as may be amended.
Photometric plan.\ A diagram consisting of lines showing the relative
illumination in foot candles from a light source or group of light sources.
Planning commission.\ The Isle of Wight County Planning Commission.
Porch.\ A projection from a main wall or a building which can be covered, with
a roof, or uncovered. The projection may or may not use columns or other
ground supports for structural purposes.
Portable on demand storage units.\ Also known as a POD, a large container
used for temporary storage. A POD is hauled to the property, loaded with
items, hauled from the property and stored in a storage yard.
Poultry.\ Domestic fowl normally raised on a farm such as chickens, ducks,
geese and turkeys.
Preliminary and final site development plan.\ Site development plans prepared
by a certified or licensed engineer, surveyor, architect or landscape architect,
that is required for development proposals outlined in section 7-2004,
preliminary and final site development plan requirements.
Principal building or structure.\ A building or structure in which the primary
or main use of the property on which the building is located is conducted and
distinguished from an accessory or secondary building or structure on the same
premises.
Principal use.\ A use which represents the primary or main use of the land or
structure which is distinguished from an accessory use on the same premises.
Proffer.\ A condition voluntarily offered by the applicant and owner for a
rezoning that limits or qualifies how the property in question will be used or
developed.
Public water and sewer system.\ A water or sewer system owned and operated
by a municipality or county, or owned and operated by a private individual or
a corporation approved by the governing body and properly licensed by the
state corporation commission or other applicable agency, and subject to special
regulations as herein set forth.
Public way.\ Any sidewalk, street, alley, highway or other public thoroughfare.
Recreation, active.\ Leisure activities, usually organized and performed with
others, often requiring equipment and constructed facilities, taking place at
prescribed places, sites, or fields. The term active recreation includes, but is
not limited to, swimming, tennis, and other court games, baseball and other
field sports, golf and playground activities.
Recreation, passive.\ Recreation that involves existing natural resources and
has a minimal impact. Such recreation does not require development of the site
nor any alternation of existing topography. Such passive recreation shall
include, but not be limited to, hiking, picnicking, and bird watching.
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Recreational vehicle.\ A vehicle designed to be self-propelled or permanently
towable; and not designed for use as a permanent dwelling but as temporary
living quarters for recreational camping, travel, or seasonal use.
Redevelopment.\ The process of using land that contains or previously
contained development.
Required open space.\ Any space required in any front, side or rear yard.
Residential plot plan.\ A plan submitted for the construction or location of all
new single- family detached dwellings or two-family dwellings on an existing
or platted lot. This plan shall meet the requirements of section 7-2002,
residential plot plan.
Right-of-way.\ A strip of land occupied or intended to be occupied by a street,
crosswalk, railroad, electric transmission line, oil or gas pipeline, water main,
sanitary or storm sewer main, shade trees, or other special use.
Road.\ See "street."
Satellite dish antenna.\ See "antenna."
Screening.\ The act of visually shielding or obscuring one (1) abutting or
nearby structure or use from another by fencing, walls, berms, or required
planted vegetation.
Screen material.\ Materials that have been outlined in article VIII for the
screening of service structures, equipment, and/or outdoor storage yards.
Seasonal shading.\ The practice of using plant material to capitalize on solar
energy and light for heating and interior lighting purposes. An example would
be using deciduous trees near windows to shade afternoon sun in the summer,
but allow afternoon sun for heat and light through in the winter.
Service building.\ A building used to house stationary or movable service
equipment and mechanical equipment for the maintenance and function of
onsite machinery.
Setback.\ The required minimum horizontal distance between the building line
and the related front, side, or rear property line. A setback is meant from a
street not a driveway.
Setback line.\ A line within a lot parallel to a corresponding lot line, which is
the boundary of any specified front, side, or rear yard, or the boundary of any
public right-of-way whether acquired in fee, easement, or otherwise, or a line
otherwise established to govern the location of buildings, structures or uses.
Where no minimum front, side, or rear yards are specified, the setback line
shall be coterminous with the corresponding lot line.
Shopping center.\ A grouping of architecturally unified and related retail
establishments which are planned, developed, owned, and managed as a single
operating unit, and which share interconnected walkways and parking areas.
The establishments contained within a shopping center are related to each other
and the market area served in terms of size, type, location, and market
orientation.
Shrub.\ A relatively low growing, woody plant typified by having several
permanent stems instead of a single trunk.
Shrub, deciduous.\ Any shrub which sheds its foliage during a particular season
of the year.
Shrub, evergreen.\ Any shrub which retains its foliage throughout the entire
year.
Sign.\ Any device, fixture, placard, or structure that uses any color, form,
graphic, illumination, symbol, or writing to advertise, announce the purpose
pill
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.
Sign, billboard.\ An off -premises sign owned by a person, corporation, or other
entity that engages in the business of selling the advertising space on that sign.
Sign, canopy.\ Any sign that is painted on, printed on, part of or otherwise
attached to or displayed on an awning, canopy, or other fabric, plastic, or
structural protective cover over a door, entrance, window, or outdoor service
area. No such signs shall project vertically above or below, or horizontally
beyond the physical dimensions of such canopy.
Sign, changeable copy.\ A sign or part of a sign that is designed so that
characters, letters, or illustrations can be changed or rearranged on a letter track
that can be rearranged without altering the face or surface of the sign.
Sign, commercial message.\ Any wording, logo, or other representation that,
directly or indirectly, names, advertises, or calls -attention to a business,
product, service, or other commercial activity.
Sign, directional.\ On -premises signage designed to guide vehicular and/or
pedestrian traffic by issuing words such as "Entrance," "Exit," "Parking,"
"One -Way," or similar instructions, and related indicator graphics such as
arrows, which may include the identification of the building or use but may not
include any advertising or commercial message or logo.
Sign, electronic message board.\ Defined as signs or portions of signs that use
changing lights to form a sign message or messages wherein the sequence of
messages and the rate of change is electronically programmed and can be
modified by electronic processes.
Sign, facade.\ Any sign attached to any part of a building, as contrasted to a
freestanding sign, and projecting no further than six (6) inches from the
building wall it is attached to. See also: "sign, wall."
Sign, flag.\ Any fabric or bunting containing distinctive colors, patterns, or
symbols, used to communicate a message or draw attention to a development,
business, land use, or other similar entity.
Sign, freestanding.\ A sign that is attached to, erected on, or supported by some
structure (such as a pole, mast, frame, or other structure) that is not itself an
integral part of or attached to a building or structure whose principal function
is something other than the support of a sign.
Sign, internally illuminated.\ A sign where the source of the illumination is
inside the sign and light emanates through the message of the sign, rather than
being reflected off the surface of the sign from an external source. A sign that
consists of or contains tubes that (i) are filled with neon or some other gas that
glows when an electric current passes through it and (ii) are intended to form
or constitute all or part of the message of the sign, rather than merely providing
21
illumination to other parts of the sign that contain the message, shall also be
considered an internally illuminated sign.
Sign, marquee.\ A roof -like structure of a permanent nature which projects
from the wall of a building or its supports and may overhang the public way.
Sign, nonconforming.\ Any sign that does not conform to the requirements of
this ordinance.
Sign, off -premises.\ A sign that draws attention to or communicates
information about a business, service, commodity, accommodation, attraction
that draws attention to a cause or advocates or proclaims a political, religious,
or other noncommercial message, or other enterprise or activity that exists or
is conducted, sold, offered, maintained, or provided at a location other than the
lot on which the sign is located.
Sign, on -premises.\ A sign that draws attention to or communicates
information about a business, service, commodity, accommodation, attraction,
or other enterprise or activity that exists or is conducted, sold, offered,
maintained, or provided on the lot where the sign is located.
Sign, pennant.\ Any lightweight plastic, fabric, or other material, whether or
not containing a message of any kind, suspended from or supported by a rope,
wire, or string, usually in series, designed to move in the wind.
Sign, portable.\ Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including, but not
limited to, signs designed to be transported by means of wheels, signs
converted to "A" or "T" frames; menu and sandwich board signs, balloons used
as signs, umbrellas used for advertising, and signs attached to or painted on
vehicles parked and visible from the public right-of-way, unless said vehicle is
used in the normal day-to-day operations of the business; such vehicles shall
be parked only in a designated parking space.
Sign, projecting.\ A sign other than a facade, canopy, or marquee sign which
is wholly or partially dependent upon a building for support and that projects
more than six (6) inches from such building.
Sign, special event.\ A sign for the purpose of circuses, fairs, carnivals,
festivals, and other types of special events that (i) run for not longer than two
(2) weeks, (ii) are intended or likely to attract substantial crowds, and (iii) are
unlike the customary or usual activities generally associated with the property
where the special event is to be located.
Sign, suspended.\ A sign that is suspended from the underside of a horizontal
plane surface and is supported by such surface.
Sign, temporary.\ A sign that is used in connection with a circumstance,
situation, or event that is designed, intended, or expected to take place or to be
completed within a reasonably short or definite period after the erection of such
sign; or, is intended to remain on the location where it is erected or placed. If
a sign display area is permanent but the message displayed is subject to
periodic changes, that sign shall not be regarded as temporary.
Sign, wall.\ Any sign attached parallel to, but within six (6) inches of a wall,
painted on the wall surface of, or erected and confined within the limits of an
outside wall of any building or structure, which is supported by such wall or
building, and which displays only one (1) sign surface. See also: "sign, facade."
Sign, window.\ Any sign, pictures, symbol, or combination thereof designed
to communicate information about an activity, business, commodity, event,
22
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 ten (10) feet.
Solar orientation.\ The practice of using building placement and design to
capitalize on solar energy and light for heating and interior lighting purposes.
Special flood hazard area.\ The land in the floodplain subject to the one (1%)
percent or greater chance of being flooded in any given year.
Specified anatomical area.\ Such areas include less than completely and
opaque covered human genitals, pubic region, buttocks, female breasts below
a point immediately above the top of the areola, and human male 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.\ For the purpose of floodplain management, other than
new construction and substantial improvement, under the Coastal Barriers
Resource Act, means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition,
placement or other improvement was within one hundred eighty (180) days of
the permit date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings, the
installation of pipes, the construction of columns, or any work beyond the state
of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers, or
foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds
not occupied as dwelling units or not part of the main structure. For a
substantial improvement, the actual start of construction means the first
alteration on any wall, ceiling, floor, or other structural part of a building,
whether or not the alteration affects the external dimensions of the building.
Storage.\ The keeping, either indoors or outdoors, of equipment, vehicles, or
supplies used in the conduct of a trade, business, or profession.
Stormwater management.\ For quantitative control, a system of vegetative and
structural measures that control the increased volume and rate of surface runoff
caused by man-made changes to the land; and for qualitative control, a system
23
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 (3) or more lots. The
word "street" shall include the words "road", and "highway".
Street, arterial.\ A street specifically designed to move high volumes of traffic
from collector streets through the county and not designed to serve abutting
lots except indirectly through intersecting streets. Arterial streets shall include
all U.S. Highways, state primaries with one-, two- or three -digit numbers, and
any other street which the subdivision agent determines is functionally
equivalent to these transportation department classifications.
Street, collector.\ A relatively low -speed, low-volume street that provides
circulation within and between neighborhoods. Collector streets usually serve
short trips and are intended for collecting trips from local streets and
distributing them to the arterial network. They also form a secondary network
of cross county connectivity.
Street, public.\ A public street or street with respect to which an offer of
dedication has been made and improvements completed which are consistent
with the Isle of Wight County Subdivision Ordinance and the requirements of
the Virginia Department of Transportation or a street or portion thereof which
is included in the state primary or secondary road system.
Structure.\ Anything constructed or erected, the use of which requires
permanent location on the ground, or attachment to something having a
permanent location on the ground. Among other things, structures include
buildings, mobile and manufactured homes, walls, fences, signs, piers, and
swimming pools, etc. For the purpose of floodplain management, a walled and
roofed building, including a gas or liquid storage tank, that is principally above
ground, as well as manufactured home.
Subdivision.\ The division or resubdivision of a lot, tract, or parcel of land by
any means into two (2) or more lots, tracts, parcels or other divisions of land
including changes in existing lot lines for the purpose, whether immediate or
future, of lease, transfer of ownership or building or lot development. The term
subdivision shall also mean the following:
1. Any development of a parcel of land which involves installation of
sanitary sewers, water mains, gas mains or pipes, or other appropriate facilities
for the use, whether immediate or future, of the owners or occupants of the
land, or of the building abutting thereon.
2. Any development of a parcel of land involving two (2) or more principal
structures or involving shopping centers, multiple dwelling projects and the
like which require the installation of streets and/or alleys, even though the
streets and alleys may be not dedicated to public use and the parcel may be
divided for purposes of conveyance transfer or sale.
3. Any development of a parcel of land involving two (2) or more principal
structures or involving shopping centers, multiple dwelling projects and the
like which require the installation of streets and/or alleys, even thought the
streets and alleys may not be dedicated to public use and the parcel may not be
dedicated to public use and the parcel may not be divided for purposes of
conveyance, transfer or sale.
4. The term "subdivision" includes resubdivision, and as appropriate in this
ordinance, shall refer to the process of subdividing the land or to the land
subdivided.
Substantial damage.\ Damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would equal
or exceed fifty 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. For the purpose of floodplain management, the
term does not, however, include either :
1. Any project for improvement of a structure to correct existing violations
of state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions;
2. Any alteration of a historic structure, provided that the alteration will not
preclude the structure's continued designation as historic structure; or
3. Historic structures undergoing repair or rehabilitation that would
constitute a substantial improvement as defined above, must comply with all
ordinance requirements that do not preclude the structure's continued
designation as a historic structure. Documentation that a specific ordinance
requirement will cause removal of the structure from the National Register of
Historic Places or the State Inventory of Historic places must be obtained from
the Secretary of the Interior or the State Historic Preservation Officer. Any
exemption from ordinance requirements will be the minimum necessary to
preserve the historic character and design of the structure.
Tower.\ Any structure that is intended for transmitting or receiving television,
radio, telephone, digital, or other similar communications or is used to support
a communication antenna or other similar device.
Tract.\ See "lot."
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Traffic impact analysis (TIA).\ An analysis of the effect of traffic generated by
a development on the capacity, operations, and safety of the public street and
highway system.
Tree, deciduous.\ Any tree which sheds its foliage during a particular season
of the year.
Tree, evergreen.\ Any tree which retains its foliage throughout the entire year.
Tree, heritage.\ Any tree or shrub which has been designated by ordinance of
the Isle of Wight County Board of Supervisors as having notable historic or
cultural significance to any site or which has been so designated in accordance
with an ordinance adopted pursuant to Section 15.2-503 of the Code of
Virginia, as amended.
Tree, mature.\ Any deciduous or evergreen tree with a minimum diameter of
fourteen (14) inches when measured four and one-half (41/2) feet above ground
level.
Tree, significant.\ Any deciduous or evergreen tree with a minimum diameter
of twenty-two (22) inches when measured four and one-half (4%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.
Vehicle.\ See "motor vehicle."
Vehicle moving area.\ Any area on a site where vehicles park or drive.
Video arcade.\ See "commercial indoor amusement" listed under commercial
use types.
Violation.\ For the purpose of floodplain management, the failure of a structure
or other development to be fully compliant with the community's floodplain
management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance as
outlined in the Floodplain Management Overlay District regulations.
Watercourse.\ Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine, or wash, in and
including any area adjacent thereto which is subject to inundation by water.
Wooded area.\ An area of contiguous wooded vegetation where trees are at a
density of at least one (1) six-inch or greater diameter at breast height (DBH)
26
tree per three hundred twenty-five (325) square feet of land and where the
branches and leaves form a contiguous canopy.
Xeriscaping.\ Site design and/or gardening techniques which may include the
use of native and/or drought tolerant plants to create a landscape or
environment which does not require any form of supplemental irrigation after
twenty-four (24) months from the time of installation.
Yard.\ An open space on the same lot with a building or structure, unoccupied
and unobstructed from the ground up, except as otherwise permitted in this
ordinance.
Yard, corner side.\ A side yard adjoining a public or private street.
Yard, front.\ A yard extending along the full width of the front lot line between
the side lot lines and from the front lot line to the front building line in depth.
Yard, interior side.\ A side yard, which is located immediately adjacent to
another lot or to an alley separating such yard from another lot.
Yard, rear.\ A yard extending along the full length of the lot and lying between
the rear lot line and the nearest line of the building. Rear yard depth shall be
measured at right angles to the rear line of the lot.
Yard, side.\ A yard lying between the side line of the lot and the nearest line of
the building and extending from the front yard to the rear yard, or in the
absence of either of such front or rear yards, to the front or rear lot lines. Side
yard width shall be measured at right angles to side lines of the lot.
Zero lot line.\ The location of a structure on a lot in such a manner that one (1)
of the structure's sides rest directly on a lot line.
Zoning administrator.\ The person designated as the official responsible for
enforcing and administering all requirements of the Isle of Wight County
Zoning Ordinance, or his duly authorized designee.
Zoning, base district.\ Those base underlying zoning districts other than special
overlay districts set forth in article IV.
Zoning, planned development district.\ Land area of minimum size, as
specified by district regulations, to be planned and developed using a common
master zoning plan, and containing one (1) or more uses and appurtenant
common areas.
Zoning, special overlay district.\ A district, which is placed over the existing
base zoning and imposes additional restrictions and includes all those districts
listed as special overlay zoning districts in article IV.
Zoning, underlying district.\ See "zoning, base district." (7-7-05; 8-20-09; 11-
4-09; Ord. No. 2013-1-C, 4-18-13, 3-20-14, 6-19-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight
County Board of Supervisors that Appendix B, Zoning, Article VI, entitled
"Overlay Districts", Section 6-4000, entitled "Floodplain Management
Overlay (FPMO) District of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 6-4000. - Floodplain Management Overlay (FPMO) District.
Sec. 6-4001. - Purpose.
This ordinance is adopted pursuant to the authority granted to localities by
Virginia § 15.2-2280. The purpose of these provisions is to prevent the loss of
life and property, the creation of health and safety hazards, the disruption of
commerce and governmental services, the extraordinary and unnecessary
27
expenditure of public funds for flood protection and relief, and the impairment
of the tax base by:
A. Regulating uses, activities, and development which, alone or in
combination with other existing or future uses, activities, and development,
will cause unacceptable increases in flood heights, velocities, and frequencies.
B. Restricting or prohibiting certain uses, activities, and development from
locating within districts subject to flooding.
C. Requiring all those uses, activities, and developments that do occur in
floodprone districts to be protected and/or floodproofed against flooding and
flood damage.
Furthermore, it is the intent of these regulations to ensure that all property
owners within the county are eligible for participation in the National Flood
Insurance Program and able to secure such insurance at nominal rates. (Ord.
No. 2012-3-C, 2-16-12.)
Section 6 -4002. -Designation of the Floodplain Administrator
The Zoning Administrator is hereby appointed to administer and implement
these regulations and is referred to herein as the Floodplain Administrator.
Section 6-4003.- Submitting technical data
A community's base flood elevations may increase or decrease resulting from
physical changes affecting flooding conditions. As soon as practicable, but not
later than six months after the date such information becomes available, a
community shall notify the Federal Emergency Management Agency of the
changes by submitting technical or scientific data. Such a submission is
necessary so that upon confirmation of those physical changes affecting flood
conditions, risk premium rates and floodplain management requirements will
be based upon current data.
Sec. 6-4004. - Applicability.
A. The provisions of this article shall apply to the following areas:
1. Areas designated as being within the 100 -year floodplain by the flood
insurance study (FIS) prepared by the Federal Emergency Management
Agency and as delineated on the flood insurance rate map (FIRM) for Isle of
Wight County dated September 4, 2002, and any subsequent revisions or
amendments thereto. A copy of the FIS and FIRM shall be filed in the
department of planning and zoning and are hereby made part of this article.
The Floodplain Management District (as identified in the FIS) is comprised of
five subdistricts: the Floodway District, the Floodfringe District, the
Approximated Floodplain District, the Coastal A Zone and the Coastal High
Hazard Floodplain District. The description of these districts and
corresponding zones are identified in the aforementioned FIS report.
2. Such other areas as may be determined by the zoning administrator to be
essential to the alleviation of potential flood damage caused by the 100 -year
flood. Such determination shall be based on drainage and hydrology studies
and amendment or revision of the FIRM shall be requested by the county.
B. The Floodplain Management (FPM) District is an overlay to the existing
underlying zoning district. Therefore, the uses, densities, lot configurations,
setback requirements, height restrictions and accessory uses shall be
determined by the underlying zoning district except as such regulations may
be modified by application of the regulations in the FPM District. Where these
regulations are at variance with other codes, ordinances and regulations, the
most restrictive regulation shall apply.
wc
C. The delineation of the Floodplain Management District may be revised
by Isle of Wight County where natural or manmade changes have occurred
and/or where more detailed studies have been conducted or undertaken by the
U.S. Army Corps of Engineers or other qualified agency, or an individual
documents the need for such change. However, prior to any such change,
approval must be obtained from the Federal Insurance Administration.
D. Initial interpretations of the boundaries of the Floodplain Management
District shall be made by the zoning administrator. Should a dispute arise
concerning the boundaries of any of the districts, the board of zoning appeals
shall make the necessary determination. The person questioning or contesting
the location of the district boundary shall be given a reasonable opportunity to
present his case to the board and to submit his own technical evidence if he so
desires. (7-7-05.)
Sec. 6-4005. - Compliance and liability.
A. No land shall hereafter be developed and no structure shall be located,
relocated, constructed, reconstructed, enlarged or structurally altered within
the floodplain management district except in full compliance with the terms
and provisions of this section.
B. The degree of flood protection sought by the provisions of this ordinance
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. This ordinance does not imply that areas and
land uses outside the floodplain management district will be free from flooding
or flood damages which may be caused by larger floods or increased flood
heights.
C. This article shall not create liability on the part of Isle of Wight County
or any officer or employee thereof, for any flood damages that result from
reliance on this article or any administrative decision lawfully made
thereunder.
D. Records of actions associated with administering this ordinance shall be
kept on file and maintained by the floodplain administrator. (7-7-05; Ord. No.
2012-3-C, 2-16-12.)
Sec. 6-4006.- Abrogation and Greater Restrictions
This ordinance supersedes any ordinance currently in effect in flood -
prone districts. Any ordinance, however, shall remain in full force and effect
to the extent that its provisions are more restrictive.
Sec. 6-4007. - Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this article
shall be declared invalid for any reason, such decision shall not affect the
remaining portions of this article. The remaining portions shall remain in full
force and effect; and for this purpose, the provisions of this article are hereby
declared to be severable. (7-7-05.)
Sec. 6-4008. — Penalty for Violation.
Any person who fails to comply with any of the requirements or provisions of
this article or directions of the Floodplain Administrator or any authorized
employee of Isle of Wight County shall be guilty of the appropriate violation
and subject to the penalties therefore.
The VA USBC addresses building code violations and the associated penalties
in Section 104 and Section 115. Violations and associated penalties of the
Zoning Ordinance of Isle of Wight County are addressed in Section 1-1013 of
the Zoning Ordinance.
E
In addition to the penalties, all other actions are hereby reserved, including an
action in equity for the proper enforcement of this article. The imposition of a
fine or penalty for any violation of, or noncompliance with, this article shall
not excuse the violation or noncompliance or permit it to continue; and all such
persons shall be required to correct or remedy such violations within a
reasonable time. Any structure constructed, reconstructed, enlarged, altered or
relocated in noncompliance with this article may be declared by Isle of Wight
County to be a public nuisance and abatable as such. Flood insurance may be
withheld from structures constructed in violation of this article.
Sec. 6-4009. - Permit required.
All uses, activities, and development occurring within any floodplain district,
including placement of manufactured homes, shall be undertaken only upon
the issuance of a zoning permit. Such development shall be undertaken only
in strict compliance with the provisions of this ordinance and with all other
applicable codes and ordinances, as amended, such as the Virginia Uniform
Statewide Building Code (VA USBC) and the Isle of Wight County
Subdivision Ordinance. Prior to the issuance of any such permit, the
Floodplain Administrator shall require all applications to include compliance
with all applicable state and federal laws and shall review all sites to assure
they are reasonably safe from flooding. Under no circumstances shall any use,
activity, and/or development adversely affect the capacity of the channels or
floodways of any watercourse, drainage ditch, or any other drainage facility or
system.
Sec. 6-4010. - Use regulations.
Permitted uses, special permit uses, accessory uses, dimensional standards, and
special requirements shall be as established by the underlying zoning district,
except as specifically modified herein.
A. The following uses shall be specifically prohibited within the floodplain
management district:
1. Landfills, junkyards, outdoor storage of inoperative vehicles;
2. Surface mines/borrow pits;
3. Manufacture, bulk storage, transformation or distribution of petroleum,
chemical or asphalt products or any hazardous materials as defined in either or
both of the following:
a. Superfund Amendment and Reauthorization Act of 1986.
b. Identification and Listing of Hazardous Wastes, 40 C.F.R. (Code of
Federal Regulations) Section 261 (1987).
C. The following products shall be specifically included:
i. Oil and oil products including petrochemicals;
ii. Radioactive materials;
iii. Any materials transported or stored in large commercial quantities (such
as fifty -five -gallon drums) which is a very soluble acid or base, causes
abnormal growth of an organ or organism, or is highly biodegradable, exerting
a strong oxygen demand;
iv. Biologically accumulative poisons;
V. Substances containing the active ingredients or economic poisons that
are or were ever registered in accordance with the provisions of the Federal
Insecticide, Fungicide, and Rodeticide Act, as amended (7 USC 135 et seq.);
vi. Substances highly lethal to mammalian or aquatic life;
4. Storage or land application of industrial wastes;
30
5. Outdoor storage of equipment, materials, or supplies which are buoyant,
flammable, or explosive;
6. Swimming pools or any other habitable use when the area beneath the
elevated building is enclosed with walls of any type such as solid
nonbreakaway, solid breakaway, or lattice -screen, or when the area beneath
the elevated building is not enclosed and a swimming pool or any other
obstruction is above natural grade; or
7. Commercial feedlots, as described in section 3-2000
B. The following activities may occur below the level of the 100 -year flood
elevation if administered in accordance with section 6-4013 of this article:
1. Nonstructural agricultural activities providing that any storage or
stockpiling of manure shall be elevated to a level no less than two (2) feet
above the elevation of the 100 -year flood.
2. Outdoor recreational uses including park areas, golf courses, tennis
courts, and basketball courts.
3. Swimming pools or any other nonhabitable use located below elevated
buildings when the area beneath the elevated building is not enclosed and the
pool or other potential obstruction is flush with the natural grade provided that
a licensed surveyor or engineer certifies that the swimming pool or other
potential obstruction will not be subject to breaking up or floating out of
ground and affecting the piles or columns of the elevated building.
Furthermore, the swimming pool shall meet the same anchoring requirements
as the support system of the elevated building and the area beneath the elevated
building shall never be enclosed with walls or any type.
4. Functionally dependent uses such as docks, piers and wharves.
5. Access roads and parking areas for [subsections] 1. through 4. above.
C. In addition to the prohibited uses in subsection 6-4010.A., the following
restrictions shall apply to areas in the floodway:
1. No encroachments, including fill, new construction, substantial
improvements, or other development shall be permitted in the floodway unless
it has been demonstrated through hydrologic and hydraulic analyses performed
in accordance with standard engineering practice that the proposed
encroachment would not result in any increase in the 100 -year flood elevation.
2. Existing nonconforming structures within the floodway may not be
expanded; however, they may be repaired, altered or modified to incorporate
floodproofing measures, provided such measures do not raise the level of the
100 -year flood. (7-7-05; Ord. No. 2012-3-C, 2-16-12.)
Sec. 6-4011. - General provisions.
A. No construction or improvement within the Floodplain Management
District shall obstruct or unduly restrict any channel, whether or not such
channel lies within a designated floodway.
B. Watercourses shall not be altered or relocated except upon the
presentation of data, certified by a licensed engineer, that the flood -carrying
capacity of such a modified watercourse will be at least equal to that prior to
modification. Evidence of all necessary permits or approvals for the Federal
Insurance Administrator, the U.S. Army Corps of Engineers, the Virginia
Marine Resources Commission, and the Virginia Department Environmental
Quality shall be required prior to such modification.
C. The Floodplain Administrator shall notify adjacent localities of
watercourse alterations or relocations.
31
D. Adequate drainage shall be provided to reduce exposure to flood hazards.
All storm drainage facilities shall be designed to convey the flow of surface
waters away from buildings and on-site waste disposal sites and prevent the
discharge of excess runoff onto adjacent properties in order to avoid damage
to persons or property. (7-7-05.)
Sec. 6-4012. - Special standards and requirements.
A. Standards for subdivision plats and site plans...... Preliminary plans,
development plans and final subdivision plats of all properties, all or part of
which are located within any floodplain management district, must be prepared
and sealed by a licensed surveyor or engineer. All proposals shall be consistent
with the need to minimize flood damage. The following information, in
addition to that which would otherwise be required, shall be provided on the
respective plan.
1. The 100-year flood boundary, as depicted on the FIRM and the flood
hazard zone classification(s) shall be depicted on preliminary plans,
development plans, and final plats.
2. Development plans shall provide topographical information for the site
at a maximum contour interval of two (2) feet, provided however that a one-
foot contour interval for one (1) foot lesser and one (1) foot greater than the
100-year flood boundary shall be shown.
3. The elevation of the finished surface of the ground at each comer of each
existing building located within any flood hazard zone shall be shown on
development plans and final plats.
4. The elevation of the lowest floor including basement shall be shown on
development plans for new construction or final plats of property with existing
structures.
5. For structures to be floodproofed (nonresidential only), the elevation to
which the structure will be floodproofed and certified floodproofed.
6. In "VE" zones, the elevation (in N.G.V.D.) of the bottom of the lowest
horizontal structural member of the lowest floor (excluding pilings or
columns).
7. All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood hazards.
8. Base flood elevation data obtained from other sources or developed
using detailed methodologies, hydraulic and hydrologic analysis, comparable
to those contained in the Flood Insurance Study for subdivision developments
and other proposed development proposals (including manufactured home
parks and subdivisions) that exceed fifty (50) lots or five (5) acres, whichever
is the lesser, shall be shown.
B. Standards for utilities. .....All new or replacement utilities, water
filtration, and wastewater treatment facilities, installed in the floodplain
management district shall be designed to prevent the infiltration of floodwaters
into or discharge from said utilities and constructed to minimize the potential
for flood damage.
Where private waste disposal systems are to be installed or replaced, they shall
be installed so that they will not be permanently contaminated or impaired by
a base flood.
C. Standards for streets and roads...... Streets and sidewalks should be
designed to minimize their potential for increasing and aggravating the levels
32
of flood flow. Drainage openings shall be required to sufficiently discharge
flood flows without unduly increasing flood height.
D. Standards for filling of floodplain areas.
1. Where fill within the floodplain management district is proposed, the
following minimum standards shall apply:
a. Prior to any fill, the floodway must be determined and no fill shall cause
the adjacent base flood elevation to increase more than one foot.
b. Fill areas shall extend laterally a minimum of fifteen (15) feet beyond
building lines from all points.
C. Fill material shall consist only of soil and small rock materials (must pass
through a three-inch opening ASTM standard sieve). Organic materials, such
as tree stumps, asphalt, and rubble, shall be prohibited.
d. Fill areas shall be graded to a finished slope of no steeper than one (1)
vertical to three (3) horizontal, unless substantiated data, certified by a licensed
engineer, which justifies steeper slopes, is submitted to and approved by the
zoning administrator.
e. The zoning administrator shall impose any additional standards deemed
necessary to ensure the safety of the community and properties from additional
flood hazard potentials caused by filling within the floodplain management
district.
2. Filling or any other encroachment into a regulatory or other designated
floodway which, as determined by the zoning administrator, in any way
impairs its flood conveyance shall be prohibited.
3. Filling or any other encroachment into any channel within the floodplain
management district which would, as determined by the zoning administrator,
obstruct or unduly restrict water flows through said channel and, in so doing,
increase the potential for flood damage, shall be prohibited whether or not such
channel lies within the regulatory or other designated floodway.
4. The filling of any portion of property solely to increase the elevation of
the land to meet minimum lot area requirements and thereby create a buildable
lot for residential construction within the floodplain management district shall
be prohibited.
5. These standards may be individually waived by the zoning administrator,
upon the recommendation of the Isle of Wight County Wetlands Board for
approved parks, recreation facilities, shoreline erosion control and beach
maintenance projects where sufficient data is presented justifying the project
and where it is demonstrated that such actions will not increase flood levels on
any properties.
E. Construction standards for properties in zone A.
1. All new construction and substantial improvements in zone A must
comply with all standards applicable to zone AE contained in this section and
the floodplain construction provisions of the Virginia Uniform Statewide
Building Code. In addition, the owner and/or developer of such property shall
provide to the zoning administrator sufficiently detailed hydrologic and
hydraulic analyses, certified by a licensed engineer, to determine state and
other acceptable sources.
F. Construction standards for properties in zone AE. .....All new
construction and substantial improvements in the floodplain management
district shall occur in accordance with the applicable floodplain construction
provisions for zone AE contained in the Virginia Uniform Statewide Building
33
Code. The zoning administrator shall satisfy himself that all applicable
provisions have been complied with prior to issuing building permits or
temporary or permanent certificates of occupancy. In addition, the following
standards shall apply:
1. All new and replacement electrical equipment, and heating, ventilating,
air conditioning and other service facilities shall be installed at least one and
one-half (1'/2) feet above the base flood elevation or otherwise designed and
located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
2. All electrical distribution panels shall be installed at least three (3) feet
above the base flood elevation or otherwise designed and located so as to
prevent inundation.
3. In all cases, elevation of the lowest floor of the structure, including
basements, to at least one and one-half (1'/2) feet above the base flood elevation
or, in the case of nonresidential structures, floodproofing to at least that level.
All new and substantially improved structures shall be constructed according
to the VA USBC, and anchored to prevent flotation, collapse or lateral
movement of the structure. The lowest floor elevation of any new residential
structure, including basements, constructed within a flood plain area shall be
at least one and one-half (11/2) feet above based flood elevation. The lowest
floor elevation of any new nonresidential structure constructed within a
floodplain area shall be at least one (1) foot above base flood elevation, unless
such structure is floodproofed. In addition, no existing structure shall be
modified, expanded or enlarged unless the new construction complies with this
standard.
4. Manufactured homes that are placed or substantially improved on sites
shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home elevated a least one and one-half (11/2) feet base flood level
and be securely anchored to an adequately anchored foundation system to resist
floatation, collapse and lateral movement.
5. Recreational vehicles placed on sites shall either:
a. Be on the site for fewer than one hundred eighty (180) consecutive days,
be fully licensed and ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick disconnect type utilities and has
no permanently attached additions.; or meet the permit requirements for
placement and the elevation and anchoring requirements for manufactured
homes in subsection F.4. of this section.
6. New construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
7. New construction and substantial improvements shall be constructed by
methods and practices that minimize flood damage.
8. New development shall not be permitted unless it is demonstrated that
the cumulative effect of all past and projected development will not increase
the base flood elevation by more than one (1) foot.
9. For floodproofed non-residential structures, a licensed professional
engineer or architect must certify the structure has been floodproofed.
10. Where base flood elevation data has been utilized and obtained, as
required by this ordinance, the Floodplain Administrator shall obtain, record,
and maintain the actual finished construction elevations of the lowest floor and
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flood proofing elevations. This information shall be recorded on a current
FEMA Elevation Certificate signed and sealed by a professional licensed land
surveyor.
11. Fully enclosed areas of new construction or substantially improved
structures, which are below regulatory flood protection elevation shall:
a. not be designed or used for human habitation, but shall only be used for
parking of vehicles, building access or limited storage of maintenance
equipment used in connection with the premises. Access to the enclosed area
shall be the minimum necessary to allow for parking of vehicles (garage door)
or limited storage of maintenance equipment (standard exterior door), or entry
to the living area (stairway or elevator);
b. be constructed entirely of flood resistant materials below the regulatory
floor protection elevation;
C. include measures to automatically equalize hydrostatic flood forces on
walls by allowing for the entry and exit of floodwaters. To meet this
requirement, the openings must either be certified by a professional engineer
or architect or meet the following minimum design criteria:
i. Provide a minimum of two openings on different sides of each
enclosed area subject to flooding.
ii. The total net area of all openings must be at least one (1) square inch
for each square foot of enclosed area subject to flooding.
iii. If a building has more than one enclosed area, each area must have
openings to allow floodwater to automatically enter and exit.
iv.The bottom of all required openings shall be no higher than one (1)
foot above the adjacent grade
v Openings may be equipped with screens, louvers, or other opening
coverings or devices, provided they permit the automatic flow of floodwaters
in both directions.
vi. Foundation enclosures made of flexible skirting are not considered
enclosures for regulatory purposes, and, therefore, do not require openings.
Masonry or wood underpinning, regardless of structural status, is considered
an enclosure and requires openings as outlined above.
G. Construction standards for properties in coastal A zones. ..... All new
construction and substantial improvements in coastal A zones of the floodplain
management area shall comply with the provisions of the AE zone as set forth
in Section 6-40121.
H. Construction standards for properties in coastal high hazard area...... All
new construction and substantial improvements in the V -zones of the
floodplain management area shall occur in accordance with the applicable
floodplain construction provisions contained in the Virginia Uniform
Statewide Building Code. The zoning administrator shall satisfy himself that
all applicable provisions have been complied with prior to issuing building
permits or temporary or permanent certificates of occupancy. In addition, the
following standards shall apply:
1. All new construction shall be located landward of the reach of mean high
tide.
2. There shall be no fill used as structural support.
3. There shall be no alteration of sand dunes, watercourses or banks, which
would increase potential flood damage.
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4. Within V-zones on the flood insurance rate map, obtain the elevation (in
relation to mean sea level) of the bottom of the lowest horizontal structural
member of the lowest floor (excluding pilings and columns) of all new and
substantially improved structures.
5. All new construction and substantial improvements elevated on pilings
and columns must have the bottom of the lowest horizontal structural member
of the lowest floor (excluding the pilings or columns) elevated at least one and
one half (1 1/2) feet above the base flood level and the pile or column
foundation and structure attached thereto must be anchored to resist flotation,
collapse and lateral movement due to the effects of wind and water loads acting
simultaneously on all building components. Water-loading values used shall
be those associated with the base flood. Wind-loading values used shall be
those required by applicable state or local building standards. A registered
professional engineer or architect shall develop or review the structural design
and methods of construction and shall certify that design and methods of
construction to be used are in accordance with accepted standards.
6. Provide that all new construction and substantial improvements, within
zones VE, V 1-30 and V on the community's FIRM, have the space below the
lowest floor either free of obstruction or constructed with nonsupporting
breakaway walls, open wood lattice-work, or insect screening intended to
collapse under wind and water loads without causing collapse, displacement,
or other structural damage to the elevated portion of the building or supporting
foundation system. For the purpose of this section, a breakaway wall shall have
a design safe loading resistance of not less than ten (10) and no more than
twenty (20) pounds per square foot. Use of breakaway walls which exceed a
design safe-loading resistance of twenty (20) pounds per square foot (either by
design or when so required by local or state codes) may be permitted only if a
registered professional engineer or architect certifies that the designs proposed
meet the following conditions:
a. The elevated portion of the building and supporting foundation system
shall not be subject to collapse, displacement, or other structural damage due
to the effects of wind and water loads acting simultaneously on all building
components (structural and nonstructural). Water-loading values used shall be
those associated with the base flood.
b. Wind-loading values used shall be those required by applicable state or
local building standards. Such enclosed space shall be usable solely for parking
of vehicles, building access or storage.
7. All recreational vehicles placed in V-zones shall be:
a. On site for fewer than one hundred eighty (180) consecutive days; and
b. Be fully licensed and ready for highway use; or
C. Meet the same standards as for conventional housing in V-zones.
8. All new and replacement electrical equipment, and heating, ventilating,
air conditioning and other service facilities shall be installed at least three (3)
feet above the base flood elevation or otherwise designed and located so as to
prevent water from entering or accumulating within the system.
9. All electrical distribution panels shall be installed at least three(3) feet
above the base flood elevation or otherwise located so as to prevent inundation.
10. In all cases, elevation of the lowest horizontal structural member of the
lowest floor of the structure, excluding pilings or columns, to at least one and
36
one half (1 1/2) feet above the base flood elevation and may result in a
reduction of flood insurance premiums. (7-7-05; Ord. No. 2012-3-C, 2-16-12.)
11. Manufactured homes that are placed or substantially improved on sites
shall meet the same standards as conventional housing in V-zones.
Sec. 6-4013. - Variances.
A. In acting upon application for variances from the provisions of this
article, in addition to the requirements elsewhere set forth in this ordinance, the
board of zoning appeals shall consider the following additional factors:
1. The danger to life and property due to increased flood heights or
velocities caused by encroachments. No variance shall be granted for any
proposed use, development, or activity within any floodway that will cause any
increase in the 100-year flood elevation;
2. The danger that materials may be swept on to other lands or downstream
to the injury of others;
3. The proposed water supply and sanitation systems and the ability of these
systems to prevent disease, contamination, and unsanitary conditions;
4. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owners;
5. The importance of the services provided by the proposed facility to the
community;
6. The requirements of the facility for a waterfront location;
7. The availability of alternative locations not subject to flooding for the
proposed use;
8. The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future;
9. The relationship of the proposed use to the comprehensive plan and
floodplain management program for the area;
10. The safety of access by ordinary and emergency vehicles to the property
in time of flood;
11. The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters expected at the site;
12. The repair or rehabilitation of historic structures upon a determination
that the proposed repair or rehabilitation will not preclude the structures
continued designation as a historic structure and the variance is the minimum
necessary to preserve the historic character and design of the structure;
13. Such other factors which are relevant to the purpose of this ordinance.
B. The board of zoning appeals may refer any application and
accompanying documentation pertaining to any request for a variance to any
engineer or other qualified person or agency in relation to flood heights and
velocities, and the adequacy of the plans for flood protection and other related
matters, at the expense of the applicant.
C. Variances shall be issued only after the board of zoning appeals has
determined that the granting of such will not result in:
1. Prohibited increases in the height of the floodway;
2. Additional threats to public safety;
3. Extraordinary public expense and will not create nuisances;
4. Cause fraud or victimization of the public; or
5. Conflict with local laws or ordinances.
37
Variances shall be issued only after the board of zoning appeals has determined
that variance will be the minimum required to provide relief from an undue
hardship to the applicant.
The board of zoning appeals shall notify the applicant for a variance, in writing,
that the issuance of a variance to construct a structure below the 100- year flood
elevation (a) increases the risks to life and property and (b) will result in
increased premium rates for flood insurance.
A record shall be maintained of the above notification as well as all variance
actions, including justification for the issuance of the variances. Any variances
which are issued shall be noted in the annual or biennial report submitted to
the Federal Insurance Administrator. (7-7-05; Ord. No. 2012-3-C, 2-16-12.)
Sec. 6-4014. - Existing structures in Floodplain Management District.
A structure or use of a structure or premises which lawfully existed before the
enactment of these provisions, but which is not in conformity with these
provisions, may be continued subject to the following conditions:
A. Existing structures in the floodway shall not be expanded or enlarged
unless it has been demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the proposed
expansion would not result in any increase in the 100 -year flood elevation.
B. Any modification, alteration, repair, reconstruction, or improvement of
any kind to a structure and/or use located in any flood plain area to an extent
or amount of less than fifty (50) percent of its market value shall conform to
the Virginia Uniform Statewide Building Code.
C. The modification, alteration, repair, reconstruction, or improvement of
any kind to a structure and/or use, regardless of its location in a flood plain
area to an extent or amount of fifty (50) percent or more of its market value
shall be undertaken only in full compliance with this ordinance and shall
require the entire structure to conform to the Virginia Uniform Statewide
Building Code. (7-7-05; Ord. No. 2012-3-C, 2-16-12.)
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
C. Amendment to Chapter 15, Taxation, Article V. Correction of
Assessments and Refunds, Section 15-19 of the County Code of
Ordinances to Amend Erroneous Tax Refund Procedure
County Attorney Popovich provide an overview of the proposed
amendment which streamlines the process in accordance with the Code of
Virginia.
Chairman Bailey called for persons to speak in favor or in opposition to
the proposed amendment.
No one appeared and spoke.
Chairman Bailey closed the public hearing and called for comments from
the Board.
Supervisor Darden moved that the following Ordinance amendment be
adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 15. TAXATION. ARTICLE V. CORRECTION OF
ASSESSMENTS AND REFUNDS. SECTION 15-19. EXONERATION OR
REFUND OF TAXES — GENERALLY.
WHEREAS, on October 17, 1996, the Isle of Wight County Board of
Supervisors enacted Section 15-19 to the Isle of Wight County Code to provide
for the correction and/or refund of erroneously assessed taxes pursuant to
Section 58.1-3981 of the Code of Virginia (1950, as amended); and
WHEREAS, Section 58.1-3981 allows for the correction of erroneous
assessments through the certification by the Commissioner of the Revenue and
the County Attorney or by approval of the Treasurer, for amounts not to exceed
$2,500; and
WHEREAS, Section 15-19, as enacted, has placed an unnecessary
restriction on the correction of tax assessments by only allowing the
Commissioner of the Revenue and County Attorney to certify the need for a
correction up to $2,500, after which the Isle of Wight County Board of
Supervisors must approve such refunds; and
WHEREAS, the Isle of Wight County Board of Supervisors now deems
it to be in the best interest of the citizens of Isle of Wight County to streamline
this process as authorized by Section 58.1-3981 of the Code of Virginia (1950,
as amended) to allow for all correction of erroneous tax assessments,
irrespective of the amount, to be authority with the certification of the
Commissioner of the Revenue and County Attorney, without any further need
for review by the Board of Supervisors.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors, Virginia, that Chapter 15. Taxation. Article V.
Correction of Erroneous Assessments and Refunds. Section 15-19.
Exoneration or Refund of Taxes - Generally of the Isle of Wight County Code
be amended and reenacted as follows:
Sec. 15-19. Exoneration or Refund of Taxes - Generally.
If the assessment exceeds the proper amount and has not been paid into the
treasury of the County, the Commissioner of the Revenue shall exonerate the
applicant from the payment of so much as is erroneously charged. If the taxes
have been paid into the treasury of the County, the county treasurer shall refund
to the applicant the amount erroneously paid, with interest, upon certification
from the Commissioner of the Revenue and the County Attorney that such
assessment was erroneous. Said approval by the County Attorney will not be
required when the amount of the erroneous assessment does not exceed One
39
Thousand Dollars ($1,000.00). In the event that the erroneous assessment
exceeds the sum of One Thousand Dollars ($1,000.00), the Commissioner of
the Revenue shall provide the Board of Supervisors with appropriate
notification of such refund. (11-5-87; 10-17-96; 8-21-14.)
For state law as to authority of the County to correct erroneous tax assessments,
see Code of Va., § 58.1-3981.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
D. Amend Chapter 11, Motor Vehicles and Traffic, Article 2, Motor
Vehicle Licenses, Sections 11-4 and 11-6.
Mr. Meek provided an overview of the amendment as approved in the
2015 budget.
Chairman Bailey called for persons to speak in favor or in opposition to
the proposed amendment.
No one appeared and spoke.
Chairman Bailey closed the public hearing and called for comments from
the Board.
Supervisor Casteen moved that the following Ordinance amendment be
adopted:
ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING CHAPTER 11, MOTOR
VEHICLES AND TRAFFIC, ARTICLE 2, MOTOR VEHICLE LICENSES,
SECTIONS 11-4 TAX YEAR AND 11-6 AMOUNT OF TAX —
GENERALLY
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia
has adopted the Fiscal Year 2014-2015 Operating & Capital Budget; and,
WHEREAS, the adopted Fiscal Year 2014-2015 Operating & Capital
Budget provides for a vehicle license tax of $33 for all motor vehicles except
motorcycles and motorbikes of similar design, vehicles with National Guard
land farm truck, or farm use license plates, and other motor vehicles that may
qualify for free local licenses as prescribed in Chapter 11, Article 2, Section
11-6 of the Isle of Wight County Code; and,
WHEREAS, certain references to "fees" should be amended to "tax" in
order to maintain consistency within Chapter 11, Article 2, Section 11-4.
NOW, THEREFORE, BE IT ORDAINED, that the Board of Supervisors of
the County of Isle of Wight, Virginia that Chapter 11, Article 2, Sections 11-4
and 11-6 of the Isle of Wight County Code are amended and reenacted as
follows:
Sec. 11-4. Tax year
(a)
After a motor vehicle has been assessed for personal property tax purposes by
the Commissioner of the Revenue, or registered with and assessed by the
Commissioner of Revenue for personal property tax purposes, the County
Treasurer shall mail to the taxpayer a bill for the license fee tax for the current
and subsequent year. The license fee tax shall be listed as a separate item on
each year's annual personal property tax bill and shall be due on or before
December 5 or as indicated on the tax bill.
(b)
Upon payment of the license fee prescribed by this article and compliance with
all other applicable provisions of this article, the County Treasurer shall mark
the records to indicate that the license fee tax has been paid for the taxpayer's
vehicle for which the license fee tax was charged.
Sec. 11-6. Amount of tax—Generally
A license tax of eighteen dollars for each license tax year, as hereinafter
provided for, is hereby imposed on each and every motorcycle, motor scooter,
motorbike or other motor vehicle of like design or similar thereto to which this
article is applicable, and a license tax of thirty-three dollars for each license tax
year, as hereinafter provided for, is hereby imposed on each and every other
kind and type of motor vehicle to which this article is applicable. A license tax
of ten dollars for each license year, as hereinafter provided for, is hereby
imposed on the following: each National Guard license plate with "NG" and
each farm truck license plate with an "F". Vehicles with "Farm Use" license
plates are not subject to a license fee.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Bailey declared a break.
//
COUNTY ATTORNEY'S REPORT
Responsive to a recommendation by Supervisor Casteen that the by-laws
for the Social Services Board be changed to reflect the membership of that
Board be comprised of County citizens, County Attorney Popovich presented
a revised set of by-laws reflecting the removal of the Board representative for
the Board's consideration.
41
Supervisor Casteen moved that the revised Social Services By-laws be
adopted as revised. The motion was adopted by a vote of (5-0) with
Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
County Attorney Popovich presented proposed revisions to Chapter 3,
Article VIII, Code Enforcement Policy, pertaining to Zoning Administration
and Enforcement for the Board's consideration.
Chairman Bailey moved that the revisions be adopted. The motion was
adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
County Attorney Popovich presented proposed revisions submitted by
Attorney Crook to the County's Facility Use Agreement. He recommended
that the revisions be denied, noting that doing so for only two (2) organizations
would be providing them with special privileges not afforded to the County's
other five volunteer organizations that have signed the Agreement.
Supervisor Casteen moved that the request for changes to the Facilities
Use Agreement be denied. The motion was adopted by a vote of (5-0) with
Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
Responsive to Mr. Mitchell's concern regarding the potential impact on
Carrollton Volunteer Fire Department's fund raisers should that organization
sign a Facility Use Agreement with the County, Mr. Mitchell was requested to
make a list of activities to be held at that facility for approval by the County
Administrator.
H
OUNTY ADMINISTRATOR'S REPORT
County Administrator Seward presented proposed amendments to
Chapters 6 & 7, County Policy Manual to Address State Requirements for
Acceptable Computer and Phone Usage by Employees and Public Officials.
Supervisor Alphin moved that the amendments be adopted. The motion
was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen,
Darden and Jefferson voting in favor of the motion and no Supervisors voting
against the motion.
Michael W. Terry, Director of Budget and Finance, presented the
County's Quarterly Financial Report for the 4t'' Quarter FYI 4.
Jamie Oliver, Transportation Planner, provided an update on County
transportation projects.
42
Mr. Haltom presented the proposed transition plan for the County's solid
waste.
Mr. Haltom briefed the Board on a recent water leak in the County's
water system which resulted in a bill from the Town of Windsor to the County
of $28,700. He advised that staff's request to the Town for relief was denied
based on the Town's adopted policy.
Supervisor Casteen moved that the Chairman be authorized to sign a
letter from the County to the Town of Windsor requesting reconsideration of
the County's request for relief given the circumstances and the significant
added financial burden to the County. The motion was adopted by a vote of
(5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting
in favor of the motion and no Supervisors voting against the motion.
County Administrator Seward presented a request from the Mayor of
Windsor to schedule a Windsor Intergovernmental Relations Committee
meeting with County officials to discuss the proposed alignment alternatives
for the Route 460 project.
Supervisor Alphin moved that an intergovernmental meeting be set for
August 27, 2014 at 3:00 p.m. with the Town of Windsor. The motion was
adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
Trenton Blowe, the County's newly hired Planner I in the Department of
Planning and Zoning, was formally introduced to the Board.
//
UNFINISHED/OLD BUSINESS
Responsive to the Board's directive at its July meeting, Mr. Furlo
reiterated staff's recommendations for solutions and strategies for addressing
concerns associated with Tyler's Beach.
Supervisor Jefferson briefed the Board regarding progress made to date
at Tyler's Beach in order to address concerns noted at the Board's July 2014
meeting. He reiterated his opposition to the hiring of a Park Ranger and he
recommended that any funds associated with the proposed position rather be
spent on enhancing the boat harbor. He recommended a Town Hall meeting
be held and signage be posted educating users of the harbor of their respective
responsibilities. He recommended that violations at the harbor be handled by
the Sheriff's department.
Supervisor Darden moved that the matter be tabled for six (6) months in
order that the public can be educated. The motion was adopted by a vote of
(5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting
in favor of the motion and no Supervisors voting against the motion.
FIN
Responsive to the Board's direction at its July 2014 meeting, County
Administrator Seward presented a proposed agenda for the Board's retreat
scheduled for September 19, 2014.
Chairman Bailey moved that the agenda for the Board's Retreat
scheduled for Friday, September 19, 2014 be approved; that staff be directed
to invite the Planning Commission members to attend the road trends and
development strategies session of the Retreat; and, to disseminate the citizens
satisfaction survey to include Option 2. The motion was adopted by a vote of
(5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting
in favor of the motion and no Supervisors voting against the motion.
Responsive to Supervisor Alphin's request for clarification of the
Board's intent of its previous motion to consider withdrawing funding for those
County's fire and rescue organizations that did not sign the Facilities Use
Agreement, Supervisor Darden moved that retro payments be made for the two
(2) departments, but if the County does not receive a signed Facilities Use
Agreement from them then emergency funding for them will be done on an as -
needed basis. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
H
NEW BUSINESS
No new business was offered for discussion by the Board.
H
County Administrator Seward mentioned the following information
items contained in the agenda: Delinquent Tax Collection Report; Treasurer's
Statement of Accountability; Windsor Water Bill; Letter from Rick Morris;
litter pickup update; and, an adopted Operating and Capital Budgets document.
H
CLOSED MEETING
County Attorney Popovich requested a closed meeting pursuant to
Section 2.2-371l(A)(3) of the Code of Virginia concerning discussion
regarding the disposition of publicly held real property where the discussion in
open session would adversely affect the bargaining position and negotiating
strategy of the governing body relating to property in the Newport and
Carrsville Election Districts; pursuant to Section 2.2-3711(A)(5) concerning
discussion relating to five (5) businesses or industries where no previous
announcement has been made of the business or industry's locating their
facilities in the County; pursuant to Section 2.2-3711(A)(1) concerning the
resignation and promotion of two (2) specific public employees; and, pursuant
to Section 2.2-3711(A)(1) concerning the performance of two (2) specific
public appointees.
Chairman Bailey moved that the Board enter the closed meeting for the
reasons stated. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Alphin moved that the Board return to open meeting. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Alphin moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WIIEREAS, 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,
WIHEREAS, 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: Bailey, Darden, Jefferson, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
45
At 10:00 p.m., the Chairman declared the meeting adjourned.
.grey is Stor, Clerk
,e
4ByronBailey, Chairman