Loading...
08-18-2016 Regular MeetingREGULAR SCHEDULED MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE ON THURSDAY, THE EIGHTEENTH DAY OF AUGUST IN THE YEAR TWO THOUSAND AND SIXTEEN AT 5:00 P.M. PRESENT: Rex W. Alphin, Chairman Rudolph Jefferson, Vice -Chairman Joel C. Acree Richard L. Grice William M. McCarty Also Attending: Mark C. Popovich, County Attorney Sanford B. Wanner, Interim County Administrator Donald T. Robertson, Assistant County Administrator Carey Mills Storm, Clerk CALL TO ORDER/CLOSED MEETING At 5:00 p.m., the meeting was called to order by Chairman Alphin and the following matters identified by County Attorney Popovich for discussion during closed meeting under the Freedom of Information Act: Section 2.2- 3711.A(1) regarding discussion of the appointment of specific appointees to County Boards/Committees or Authorities; under Section 2.2-371 LA(5) regarding discussion of the expansion of an existing business where no previous announcement has been made of the business' interest in expanding its facility in the community; under Section 2.2-371 LA(7) regarding consultation with legal counsel regarding actual litigation regarding International Paper where such consultation would adversely affect the negotiating or litigating position of this public body; and, under Section 2.2- 371 LA(7) concerning consultation with legal counsel regarding actual litigation related to the Nike Park Bike & Pedestrian Trail where such consultation would adversely affect the negotiating or litigating position of this public body. Supervisor Acree moved that the Board enter the closed meeting for the reasons stated by County Attorney Popovich which was adopted by a vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. At 6:00 p.m., Supervisor Acree moved that the Board return to open meeting which was adopted by a vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Supervisor McCarty moved that the following Resolution be adopted: 1 CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2--3712(D) of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Acree, Alphin, Grice, Jefferson and McCarty NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATIONIPLEDGE OF ALLEGIANCE Chairman Alphin delivered the invocation followed by the Pledge of Allegiance to the Flag. APPROVAL OF AGENDA Under Public Hearings, Item (A) was moved to Item (C) and Items (B) and (C) were moved up accordingly on the agenda. Supervisor McCarty moved that the agenda be adopted as amended which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. CITIZENS' COMMENTS Georgette Phillips, Commonwealth Attorney, formally introduced Leah Hampton-Bilal, Victim Witness Director, who provided an overview of the Victim Witness Program. 2 Jose Hernandez, Newport District, addressed the Board concerning a previous water issue dealing with offensive language printed on overdue water bills and the proration of license fees. Gregg Vassilakos addressed the Board concerning the Nike Park Bike Trail and the related emotional impact to families involved in condemnation efforts. Herb DeGroft, Mill Swamp Road, advised the Board that the Department of Tourism had scheduled an event on the same date as Christian Outreach's Souper Saturday and he requested coordination by the Tourism Director with other community organizations so as to not negatively impact other organization's ability to raise funds. Gina Ippolito, Hardy District, spoke in favor of the Board's continued support of the Nike Park Bike Trail and the County's financial responsibility to return $1,000,000 in funding if the project does not move forward. Christine Emrick of Smithfield spoke in favor of the Nike Park Bike Trail and its importance to her family as a training mechanism, while serving to attract new residents to the County. She noted it would not be financially responsible for the Board not to continue its support of the project as $1,000,000 would have to be returned in funding should the project not move forward. Edmond Easter of Carrollton expressed his gratitude to VDOT and County staff, specifically Jamie Oliver, the County's Transportation Planner, for work in conjunction with the inclusion of Yellow Rock Road into the State's Rural Rustic Road Program. Albert Burckard, Newport District recommended that insurance money received from the destruction of the historic Fort Boykins building be redirected to enhance the road leading into Fort Huger. Leah Dempsey, Newport District, spoke on behalf of the Nike Park Bike Trail project. Richard Gilierlain, Newport District, addressed the Board regarding an email he received from a citizen who was not made fully aware of the procedures associated with opening up a small business in the County and the costs associated with doing so. He requested that staff utilize PowerPoint presentations as a means of educating citizens on County procedures. Mark White, Carrsville District resident who had worked with staff to amend the Isle of Wight County Code, under Appendix B, Zoning: Article V, Supplementary Use Regulations for Residential Use Types, Section 5-5002.I (Home Occupation, Type I and II) in order to allow "Gunsmith" as a Type II Home Occupation with a Conditional Use Permit, addressed the Board 3 concerning the unknowns involved with a Conditional Use Permit with regard to additional time and cost. CONSENT AGENDA A. Resolution to Accept and Appropriate Grant Funds from the Rescue Squad Assistance Fund (RASF) Program ($115,360.50) B. Resolution to Deem Certain Property as Surplus C. Resolution to Accept and Appropriate Funding from VACORP Risk Management for Repairs to a Sheriff's Department Vehicle ($411) D. Resolution to Accept and Appropriate Grant Funds from the Virginia Department of Criminal Justice Services for the Victim Witness Assistance Program ($100,513) E. Stormwater Fee Refund for Smithfield Foods ($24,971) F. Resolution to Amend Chapter 1: Personnel, Article IV, Section 4.20 of the County Policy Manual (Performance Evaluations) G. Resolution to Accept and Appropriate Grant Funds from the Virginia Department of Health Drinking Water Revolving Fund Program ($45,000) H. July 11, 2016 Special Meeting Minutes I. July 14, 2016 Special Meeting Minutes Supervisor McCarty moved that Items (A), (B), (D), (E) and (F) be removed from the Consent Agenda for further discussion and Items (C), (G), (H) and (I) be adopted which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Item (A), Resolution to Accept and Appropriate Grant Funds from the Rescue Squad Assistance Fund (RASF) Program ($115,360.50), was approved on motion of Supervisor Acree which passed unanimously (5--0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Item (B), Resolution to Deem Certain Property as Surplus, was approved on motion of Supervisor Jefferson which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. 4 Item (D), Resolution to Accept and Appropriate Grant Funds from the Virginia Department of Criminal Justice Services for the Victim Witness Assistance Program ($100,513), was approved on motion of Supervisor McCarty which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Item (E), Stormwater Fee Refund for Smithfield Foods ($24,971), was approved on motion of Supervisor Jefferson which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Item (F), Resolution to Amend Chapter 1: Personnel, Article IV, Section 4.20 of the County Policy Manual (Performance Evaluations), was approved on motion of Supervisor Grice which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. REGIONAL AND INTER -GOVERNMENTAL REPORTS A report on items discussed at the most recent meeting of the Western Tidewater Regional Jail Authority was provided by Supervisor Jefferson. A briefing on the Southeastern Public Service Authority Use and Support Agreement was delivered by County Attorney Popovich. APPOINTMENTS Supervisor Acree moved that Durwood Scott be reappointed to the Historical Architectural Review Committee representing the Windsor District which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Supervisor Jefferson moved that Randy Keaton be appointed to the Southeastern Public Service Authority replacing Mark Popovich which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Supervisor Jefferson moved that Mark Popovich be appointed to the Southeastern Public Service Authority replacing Tony Wilson which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Supervisor Jefferson moved that Randy Keaton be appointed to the Western Tidewater Regional Jail Authority as the Alternate on the Finance Committee R replacing Anne Seward which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin moved that Jim Wright be appointed to the Board of Zoning Appeals representing the Carrsville District and filling the unexpired term of David Holt which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin moved that Mary Sue Rawls be appointed to fill the unexpired term of Blake James on the Western Tidewater Community Services Board which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Supervisor Grice moved that he and Supervisor Acree be appointed as representatives on an Intergovernmental Water/Sewer Task Force which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Supervisor McCarty moved that Randy Keaton be appointed to the Hampton Roads Planning District Commission replacing Sandy Wanner which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATIONS The Department of Parks & Recreation was recognized by CHIP for its efforts in supporting the mission of that grass-roots effort. The Board was presented a Certificate of Appreciation from Isle of Wight TRIAD for its fiscal support since 1998. The Board was updated on the activities planned for the 2016 Isle of Wight County Fair and the Isle of Wight County Fair Queen was introduced. Joe Lomax, Virginia Department of Transportation, was notified of the following Board concerns: Repair to roadway holes in the Rescue area; repair of road at the end of Whippingham Parkway leading into Channel Way; that the median area turning left from Channel Way onto Route 17 is not sufficient to accommodate large vehicles; a request to Iower the speed limit on Route 10 from Richmond Coal Storage beyond the Hardy Elementary School; an evaluation to widen Burwell's Bay Road; ditch improvement on Ramos Way in Carrollton; pooling of water on Longview Drive south of Spivey Lane; a request for the speed limit to remain at 45 mph rol at Benns Church Boulevard; erosion of the embankment at Joyner's Bridge; a request for a "No Littering" sign at the bridge on River Run Trail; for a speed limit of 55 mph at the divide on Route 10 leaving Chuckatuck going towards Smithfield; and, that the drain be reset at Oliver Drive. Beverly H. Walkup, Director of Planning and Zoning, was recognized by the Board for her accomplishments upon her retirement and Supervisor McCarty moved that the following Resolution be adopted which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion: RESOLUTION TO RECOGNIZE AND APPRECIATE BEVERLY H. WALKUP WHEREAS, Ms. Beverly H. Walkup began her employment with the County of Isle of Wight, Virginia as a Community Development Coordinator in March 1985 and continued to serve as Community Development Specialist, Planner, Senior Planner, Assistant Director of Planning & Zoning, and Director of Planning & Zoning; and, WHEREAS, Ms. Walkup has managed the Planning & Zoning Department in a manner that significantly benefited and improved the quality of life of the citizens of Isle of Wight County; and, WHEREAS, Ms. Walkup is a highly valued and respected staff member whose talents will be greatly missed; and, WHEREAS, Ms. Walkup will retire from formal employment with Isle of Wight County on August 31, 2016. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and appreciates Beverly H. Walkup, Director of Planning & Zoning, for outstanding achievement and distinguished service to the citizens of Isle of Wight County. BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors extends to Beverly H. Walkup its best wishes for her future endeavors and orders that a copy of this Resolution be spread upon the minutes of this Board this eighteenth day of August 2016. Sanford B. Wanner was recognized for his contributions as Interim County Administrator and Supervisor McCarty moved that the following Resolution be adopted which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion: RESOLUTION TO RECOGNIZE AND APPRECIATE SANFORD B. "SANDY" WANNER 7 WHEREAS, Sanford B. "Sandy" Wanner has served as the Isle of Wight County Interim County Administrator from February 1, 2016 through August 31, 2016; and, WHEREAS, during his tenure, Mr. Wanner has been instrumental in the initiation, progress, and/or completion of several critically important County projects including the Public Safety Radio System project; and, WHEREAS, his contributions and dedication have materially improved the quality of life for the citizens of Isle of Wight County. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Sanford B. "Sandy" Wanner be recognized and commended for his outstanding service to the citizens of Isle of Wight County and is presented this Resolution as a token of the Board's gratitude and esteem. BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors extends to Sanford B. "Sandy" Wanner its best wishes for his future endeavors and orders that a copy of this Resolution be spread upon the minutes of this Board meeting this 18th day of August 2016. PUBLIC HEARINGS A. Application of Vernon Ray and Linda Edwards, Owners and Applicants, for a Special Use Permit (SUP) on 3.5 Acres of Land Located at 15395 Bowling Green Road in the Windsor Election District to Allow for a Banquet/Event Facility on a Parcel Zoned Rural Agricultural Conservation Trenton Blow, Planner, represented the proposed application. Chairman Alphin opened the public hearing for comments. William Riddick, Attorney representing the applicants, advised that the Edwards are prominent citizens in the community who acquired the property and were unaware that they were in violation by not obtaining a permit. He stated no incidents involving the need for police have occurred and there has not been any complaints. He stated the applicants feel midnight is a more appropriate timeframe for the use of this facility. Chairman Alphin closed the public hearing and comments from the Board were sought. Following discussion on a change in the time from 11:00 p.m. to 12:30 a.m., Supervisor Acree moved that the Special Use Permit be approved as recommended by the Planning Commission as follows: 1.) no more than two events per week on average; 2.) no more than 200 persons per event; 3.) no cooking of food in the commercial kitchen without inspection and approval from the Health Department; 4.) and, that the time be changed from 11:00 p.m. to 12:30 a.m. The motion was adopted unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. B. Application of the Hampton Roads Sanitation District (HRSD) to Amend Conditions of Conditional Use Permit #05-05 for the Virginia Timberline LLC Sewer System in the Hardy Election District to Make Necessary Revisions to the Permit to Allow HRSD to Assume Ownership of the System. Beverly H. Walkup, Director of Planning & Zoning, represented the application which changes ownership and operation from a private to a public system being operated by HRSD and removes the surety agreement. Chairman Alphin opened the public hearing for comments. Conway Shield, Attorney, on behalf of the applicant, commented the purpose of the amendment to the CUP is to align with the enabling Act under the Dillon Rule. William Riddick, Attorney representing Virginia Timberline, advised that the Homeowners Association's consent has been obtained and requested the Board's approval of the application. Supervisor Jefferson moved that the application be approved as recommended by the Planning Commission which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. C. An Ordinance to Amend and Reenact Appendix B, Zoning: Article 11, Interpretations and Basic Definitions; Section 2-1002, Definitions; and Article IX, Signs of the Isle of Wight County Code in Order to Make Updates to Comply with Judicial Interpretations Pertaining to Sign Regulation Richard Rudnicki, Assistant Director of Planning & Zoning, provided background information on the amendment's intended purpose. Chairman Alphin opened the public hearing and there being no comments offered, Supervisor McCarty moved that the following Ordinance be adopted as presented which passed unanimously (5--0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion: An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting the Following Articles of Appendix B, Zoning: 6 Article 11, Interpretations and Basic Definitions, Section 2-1002, Definitions; and Article IX, Signs; in order to make changes based on a judicial ruling which impacts the regulatory requirements for signage. WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and WHEREAS, the Isle of Wight County Board of Supervisors is also concerned about the compatibility of uses on public and private lands within Isle of Wight County and seeks to allow flexibility in the administration of the ordinance regulations while protecting the health, safety, and general welfare of present and future residents and businesses of the County. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article II, Interpretations and Basic Definitions, Section 2-1002, Definitions; and Article IX, Signs, 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. 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 10 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. 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 use 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 3-7000.) 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 (1) 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 100 -year flood or one (1) percent annual chance flood. Basement.\ That portion of a building that is partly or completely below grade. A basement shall be counted as a story if its ceiling is over six (6) feet above the average level of the finished ground surface adjoining the exterior walls of such story, or if it is used for business or dwelling purposes. For the purposes of floodplain management, any area of the building having its floor subgrade (below ground level) on all sides. BiIlboard.\ 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. Block.\ That property abutting one (1) side of a street and lying between the two (2) nearest intersecting streets or the nearest intersecting street and railroad right-of-way, river, or between any of the foregoing and any other manmade or natural barrier to the continuity of development. Board of supervisors.\ Governing body of Isle of Wight County. Also referred to as the board. Board of zoning appeals.\ The board appointed to review appeals made by individuals with regard to decisions of the zoning administrator in the interpretation of this ordinance. The board of zoning appeals is also authorized to grant variances from provisions of the zoning ordinance in particular circumstances. Breezeway.\ A structure for the principal purpose of connecting the main building or buildings on a property with other main buildings or accessory buildings. Buffer\ or bufferyard. A natural open space or landscaped area intended to separate and protect adjacent or contiguous uses or properties, including land uses abutting highly traveled highway corridors, from noise, lights, glare, pollutants or other potential nuisances. Building.\ A structure with a roof designed to be used as a place of occupancy, storage, or shelter. 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 12 building is located on a terrace, the height above the street grade may be increased by the height of the terrace. On a corner lot, the height is the mean vertical distance from the average natural grade at the building line, if higher, on the street of greatest width, or if two (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.D, supplementary density and dimensional requirements. Building, main.\ See "principal building or structure." Building official, superintendent of building inspections.\ The person designated as the official responsible for enforcing and administering all requirements of the Uniform Statewide Building Code in Isle of Wight County, Virginia. Bulk regulations.\ Controls that establish the maximum size of buildings and structures on a lot or parcel and the buildable area within which the structure may be placed, including lot coverage, height, setbacks, density, floor area ratio, open space ratio, and landscape ratio. Caliper.\ A measurement, in diameter, of plant material size. All plant material requiring a caliper measurement shall be measured using diameter at breast height (DBH), which is defined as four and one-half (41'2) feet above the ground on the uphill side of the tree or plant. Camping site.\ Any plot of ground within a campground used or intended for occupation by the camping unit. Camping unit.\ A tent, tent trailer, camping trailer, pickup camper, motor home, recreational vehicle or any other commonly used temporary shelter device used as temporary living quarters or shelter during periods of recreation, vacation, leisure time or travel. To qualify as a camping unit, vehicular and mobile units shall be eligible to be currently Iicensed and registered by a governmental body and shall be legal to travel on Virginia highways without special permits for size, weight or other reasons. Canopy.\ A roof -like structure of a permanent nature which may be freestanding or project from a wall of a building or its supports. Canopy coverage.\ The percent of a fixed land area covered by the crown of an individual plant exceeding five (5) feet in height and measured fifteen (15) years from the date of installation. Or the percent of a fixed land area covered by the outermost limits of the crown of a cluster of plants exceeding five (5) feet in height, which create one (1) continuous area of coverage, measured fifteen (15) years from the date of installation. Carport.\ A permanent roofed structure not more than seventy-five (75) percent enclosed by walls and attached to the main building for the purpose of providing shelter for one (1) or more motor vehicles. Cellar.\ See "basement." 13 Certificate of occupancy.\ A document issued by the building official allowing the occupancy or use of a structure and certifying that the structure and/or site has been constructed and is to be used in compliance with all applicable plans, codes and ordinances. Channel.\ A natural or artificial watercourse with a definite bed and banks to confine and conduct continuously or periodically flowing water. Child.\ Any natural person under eighteen (18) years of age. Chord.\ A line segment joining any two (2) points of a circle. Circulation area.\ That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area. Co -location.\ The use of a single location structure and/or site by more than one (1) wireless communications service provider. Coastal A Zone.\ Flood hazard areas that have been delineated as subject to wave heights between one and one-half (1.5) feet and three (3) feet and identified on the flood insurance rate maps (FIRMs) as areas of limits of moderate wave action (LiMWA). Coastal high hazard area (CHHA).\ The portion of a coastal floodplain having special flood hazards that is subject to high velocity waters, including hurricane wave wash. The area is designated on the flood insurance rate map (FIRM) as zone V1-30, VE or V (V -zones). Combination use.\ A use consisting of a combination of one (1) or more lots and two (2) or more principal uses separately listed in the district regulations. Commercial vehicle.\ A vehicle designed to have more than two (2) rear wheels on a single axle. This shall not apply to pickup body type trucks, passenger van type vehicles, or to vehicles essential for an agricultural use associated with the premises. Community impact statement.\ A document required by the county which outlines the impact a proposed development will have on environmental and cultural resources, and county services, including, but not limited to, schools, fire and rescue, and public utilities. Conditional use.\ A conditional use is a use that, because of special requirements or characteristics, may be allowed in a particular zoning district only after review and recommendation by the planning commission and the granting of conditional use approval by the board of supervisors imposing such conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity. Deck.\ A structure, without a roof or walls, directly adjacent to a principal building, which has an average elevation of thirty (30) inches or greater from finished grade. Development.\ Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of manufactured homes, streets, and other paving, utilities, filling, grading: excavation, mining, dredging, drilling operations, or storage of equipment or materials. 14 Display lot.\ An outdoor area where active nighttime sales activity occurs and where accurate color perception of merchandise by customers is required. To qualify as a display lot, one (1) of the following specific uses must occur: motor vehicle sales, boat sales, recreational vehicle sales, gardening or nursery sales. Any other use must be approved as display lot uses by the zoning administrator. Dripline.\ A vertical projection to the ground surface from the furthest lateral extent of a tree's leaf canopy. Driveway.\ A roadway providing access for vehicles to a parking space, garage, dwelling, or other structure. A driveway serves only one (1) or two (2) lots. Dwelling.\ A building, or portion thereof, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, and multifamily dwellings, but do not include, hotels, motels, boarding and rooming houses, bed and breakfast establishments, and the like. Dwelling unit.\ One (1) or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one (1) family with toilets and facilities for cooking and sleeping separate from any other dwelling unit. Earthcraft certified construction.\ An environmentally friendly, residential building program developed by the Southface Energy Institute which requires certified builders to meet guidelines for energy efficiency, water conservation, and other environmental practices on single-family and multifamily unit construction. Similar to the LEED certification program, but focused specifically on residential development. Earth tone.\ A color scheme that draws from a color palette of browns, tans, grays, greens, and some reds. The colors in an earth tone scheme are muted and flat in an emulation of the natural colors found in dirt, moss, trees, and rocks. Many earth tones originate from clay earth pigments, such as umber, ochre, and sienna. Colors such as orange and blue are not considered earth tones because they are not found naturally on pieces of land even though they can be found within nature. Elevation.\ A vertical distance above or below a fixed reference point. Environmental assessment.\ An analysis of the beneficial or detrimental effects of a development on the natural resources and characteristics of the property, including resources such as, but not limited to, wetlands, flora and fauna, and other ecosystems. Equipment enclosure.\ A small building, cabinet, or vault used to house and protect electronic or mechanical equipment. Associated equipment may include, but is not limited to, air conditioners and emergency generators. Expansion to an existing manufactured home park or subdivision.\ For the purposes of floodplain management means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). 15 Facade.\ That portion of any exterior elevation of the building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation. Family.\ An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than four (4) unrelated persons, occupying a single-family dwelling. Flood.\ A general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters; 2. The unusual and rapid accumulation or runoff of surface waters from any source; 3. Mudslides (i.e., mudflows) which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. A flood may be further defined as the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical or by an unanticipated force of nature, such as a flash flood or by some similarly unusual and unforeseeable event which results in flooding. Flood hazard zone.\ The delineation of special flood hazard areas into insurance risk and rate classifications on the flood insurance rate map (FIRM) published by the Federal Emergency Management Agency (FEMA) and which include the following zones and criteria: 1. Zone A:..... On the FIRMS accompanying the Flood Insurance Study (FIS) shall be those areas for which no detailed flood profiles or elevations are provided, but the one -percent annual chance floodplain boundary has been approximated. 2. Zone AE:..... On the FIRMS accompanying the FIS shall be those areas for which one -percent annual chance flood elevations have been provided and the floodway has not been delineated. 3. Zone VE or Zone V:..... On the FIRMS accompanying the FIS shall be those areas that are known as Coastal High Hazard areas, extending from offshore to the inland limit of a primary frontal dune along an open coast or other areas subject to high velocity waves. 4. Zone X:..... Areas located above the 100 -year flood boundary and having moderate or minimal flood hazards. S. Floodway District:..... Is in an AE Zone and is delineated, for purposes of this ordinance, using the criterion that certain areas within the floodplain must be capable of carrying waters of the one -percent annual chance flood without increasing the water surface elevation of that flood more than one (1) foot at any point. The areas included in this District are specifically defined in Table 4 of the FIS and shown on the accompanying FIRM. 6. Coastal A Zone:..... Is labelled as AE on the FIRMS and is those areas that are seaward of the limit of moderate wave action (LiMWA) line. As defined by the Virginia Uniform Statewide Building Code, these areas 16 are subject to wave heights between one and one-half (1.5) feet and three (3) feet. 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). FIood insurance study.\ An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, mudslide hazards and/or flood -related erosion hazards. Floodplain.\ A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; an area subject to the unusual and rapid accumulation or runoff of surface water from any source. Floodprone area.\ Any land area susceptible to being inundated by water from any source (see definition of flooding). Floodproofing.\ Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water, sanitary facilities, structures and their contents. Floodway.\ The channel of a river or other watercourse and the adjacent land areas required to carry and discharge the 100 -year flood without increasing the water surface elevation of that flood more than one (1) foot at any point. Floor area.\ The square feet of floor space within the outside lines of walls, including the total of all space on all floors of a building. Floor area shall not include porches, garages, or unfinished space in a basement or attic. Floor area ratio (FAR).\ The total floor area of all buildings or structures on a lot divided by the net developable area of the lot. 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 17 which it is accessory and which is not operated as a separate commercial enterprise. Gazebo.\ A detached, covered freestanding, open-air or screened accessory structure designed for recreational use only and not for habitation. Glare.\ The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility; blinding light. Green roof.\ The roof of a building which is partially or completely covered with vegetation and soil or other growing medium planted over a waterproof membrane. Habitable floor.\ Any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or any combination thereof. A floor used only for storage is not a habitable floor. Highest adjacent grade.\ For the purposes of floodplain management, the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic landmark/area/structure.\ Any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been listed in the county's comprehensive plan or certified: a. By an approved state program as determined by the Secretary of the Interior; or b. Directly by the Secretary of the Interior in states without approved programs. 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 3-7000.) 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. LEER 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 Iight source that is intruding onto adjacent properties and is a nuisance. Livestock.\ Swine, sheep, cattle, poultry or other animals or fowl which are being produced primarily for food, fiber, or food products for human consumption. Loading and unloading area.\ The area on a lot designated for bulk pickup and deliveries of merchandise and materials directly related to the use on said lot. Lot.\ A parcel of land intended to be separately owned, developed, or otherwise used as a unit, established by plat, subdivision or as otherwise permitted by law. Lot, corner.\ A lot abutting on two (2) or more streets at their intersection. Lot, depth of.\ The shortest horizontal distance between the front and rear lot lines. Lot, double frontage.\ An interior lot having frontage on two (2) streets. Lot, flag.\ A lot not fronting on or abutting a public roadway or having limited frontage necessary for access and where access to the public roadway is essentially limited to a narrow private right-of-way. Lot, interior.\ A lot other than a 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. 19 Lot line.\ A line dividing one (1) lot from another Iot 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.\ A structure constructed to federal standards, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) feet or more in width and is forty (40) feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Manufactured home park, existing.\ A parcel of land divided into two (2) or more manufactured home lots for rent or sale existing prior to 0811911991. Manufactured home park or subdivision, new.\ A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after 08/19/1991. Mean sea level.\ National Geodetic Vertical Datum (NGVD) of 1929, to which all elevations on the FIRM (flood insurance rate map) and within the flood insurance study are referenced. 20 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), 0$119191, 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 Iocated, either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance. Nonconforming building or structure.\ An otherwise legal building or structure that does not conform with the yard, height, maximum density or other bulk regulations, or is designed or intended for a use that does not conform to the use regulations, of this ordinance for the district in which it is located, either at the effective date of this ordinance or as result of subsequent amendments. Nonconforming lot.\ An otherwise legally platted lot that does not conform to the minimum area or width requirements for the district in which it is located either at the effective date of this ordinance or as a result of subsequent amendments to this ordinance. Nonconforming site.\ An otherwise legal site for which existing improvements do not conform to the lot coverage, bufferyard, landscaping, parking and other site requirements set forth in the zoning or special overlay district in which it is located either at the effective date of this ordinance or as a result of subsequent amendments to this ordinance. Office park.\ A large tract of land that has been planned, developed, and operated as an integrated facility for a number of separate office buildings and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics, and compatibility. 21 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. 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. 22 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. 2 Recreation, passive.\ Recreation that involves existing natural resources and has a minimal impact. Such recreation does not require development of the site nor any alternation of existing topography. Such passive recreation shall include, but not be limited to, hiking, picnicking, and bird watching. Recreational vehicle.\ A vehicle designed to be self-propelled or permanently towable; and not designed for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use. Redevelopment.\ The process of using land that contains or previously contained development. Required open space.\ Any space required in any front, side or rear yard. Residential plot plan.\ A plan submitted for the construction or location of all new single-family detached dwellings or two-family dwellings on an existing or platted lot. This plan shall meet the requirements of section 7-2002, residential plot plan. Right-of-way.\ A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other special use. Road.\ See "street." Satellite dish antenna.\ See "antenna." Screening.\ The act of visually shielding or obscuring one (1) abutting or nearby structure or use from another by fencing, walls, berms, or required planted vegetation. Screen material.\ Materials that have been outlined in article VIII for the screening of service structures, equipment, and/or outdoor storage yards. Seasonal shading.\ The practice of using plant material to capitalize on solar energy and light for heating and interior lighting purposes. An example would be using deciduous trees near windows to shade afternoon sun in the summer, but allow afternoon sun for heat and light through in the winter. Service building.\ A building used to house stationary or movable service equipment and mechanical equipment for the maintenance and function of onsite machinery. Setback.\ The required minimum horizontal distance between the building line and the related front, side, or rear property line. A setback is meant from a street not a driveway. Setback line.\ A line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side, or rear yard, or the boundary of any public right-of-way whether acquired in fee, easement, or otherwise, or a line otherwise established to govern the location of buildings, structures or uses. Where no minimum front, side, or rear yards are specified, the setback line shall be coterminous with the corresponding lot line. Shopping center.\ A grouping of architecturally unified and related retail establishments which are planned, developed, owned, and managed as 24 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. Simplified site plan.\ A plan submitted for a change or expansion of a commercial, civic, office or industrial use on an existing site and meets the requirements of section 7-2003. Site development plan, preliminary/final.\ A plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations pertaining to site plans in this ordinance. Includes lot lines, streets, building sites, reserved open space, buildings, major landscape features, both natural and manmade, and any other requirements outlined by article VII. Slope.\ The degree of deviation of a surface from the horizontal, usually expressed as a percentage. Slope shall be measured as the vertical rise or fall to horizontal distance of terrain measured perpendicular to the contour lines at horizontal intervals of more than ten (10) feet. Solar orientation.\ The practice of using building placement and design to capitalize on solar energy and light for heating and interior lighting purposes. Special flood hazard areal The land in the floodplain subject to the one (1) percent or greater chance of being flooded in any given year. Specified anatomical area.\ Such areas include less than completely and opaque covered human genitals, pubic region, buttocks, female breasts below a point immediately above the top of the areola, and human male genital in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activity.\ Such activity includes human genitals in a state of sexual stimulation or arousal, an act of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts. Start of construction.\ For the purpose of floodplain management, other than new construction and substantial improvement, under the Coastal Barriers Resource Act, means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of pipes, the construction of columns, or any work beyond the state of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, 25 such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration on any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building. Storage.\ The keeping, either indoors or outdoors, of equipment, vehicles, or supplies used in the conduct of a trade, business, or profession. Stormwater management.\ For quantitative control, a system of vegetative and structural measures that control the increased volume and rate of surface runoff caused by manmade changes to the land; and for qualitative control, a system of vegetative, structural, and other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff. Stormwater management practice, nonstructural.\ A stormwater management technique that utilizes the ecological and environmental aspect of a site or area for the collection, conveyance, channeling, holding, retaining, detaining, infiltration, diverting, treating or filtering of surface water, and/or runoff. Stormwater management practice, structural.\ A stormwater management technique that utilizes a manmade facility and/or apparatus for the collection, conveyance, channeling, holding, retaining, detaining, infiltration, diverting, treating or filtering of surface water, and/or runoff. Story.\ That portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, the space between the face and the ceiling next above it. Story, half.\ A space under a sloping roof, which has the line of intersection of roof decking and wall not more than three (3) feet above the top floor level, and in which space more than two-thirds (2/3) of the floor area is finished off for use other than storage. 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 01 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 Iocation 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 Iines 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 though 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 re -subdivision, and as appropriate in this ordinance, shall refer to the process of subdividing the land or to the land subdivided. Substantial damage.\ Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damaged occurred. Substantial improvement.\ Damage of any origin sustained by a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition, "substantial 27 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." 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 (4112) feet above ground level. Tree, significant.\ Any deciduous or evergreen tree with a minimum diameter of twenty-two (22) inches when measured four and one-half (41/2) feet above ground level. 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. 28 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) tree per three hundred twenty-five (325) square feet of land and where the branches and Ieaves 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." Article IX. - Signs. Sec. 9-1001. — Findings, purpose and intent; interpretation. A. Signs obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation. The purpose of this article is to regulate the size, color, illumination, movement, materials, location, height and condition of all signs placed on private property for exterior observation, thus ensuring the protection of property values, the character of neighborhoods, the creation of a convenient, attractive and harmonious community, the protection against destruction of or encroachment upon historic areas, to encourage the effective use of signs as a means of visual communication in the county, to maintain and enhance the county's ability to attract sources of economic development and growth, to improve pedestrian and traffic safety, and to enable the fair and consistent enforcement of these sign restrictions. This article allows for adequate communication through signage while encouraging aesthetic quality in the design, location, size and purpose of signs in the community. This article shall be interpreted in a manner consistent with the First Amendment guarantee of free speech. If any provision of this article is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this article which can be given effect without the invalid provision. These sign 30 restrictions are adopted under the zoning authority of the county in furtherance of the more general purposes set forth in this ordinance. B. Signs not expressly permitted as being allowed by right or by special use permit under this article, by specific requirements in other portions of this chapter, or otherwise expressly allowed by the Board of Supervisors are forbidden. C. A sign placed on land or on a building for the purpose of identification, protection or directing persons to a use conducted therein shall be deemed to be an integral but accessory and subordinate part of the principal use of Iand or building. Therefore, the intent of this article is to establish Iimitations on signs in order to ensure they are appropriate to the land, building or use to which they are appurtenant and are adequate for their intended purpose while balancing the individual and community interests identified in subsection A of this section. D. These regulations are intended to promote signs that are compatible with the use of the property to which they are appurtenant, landscape and architecture of surrounding buildings, are legible and appropriate to the activity to which they pertain, are not distracting to motorists, and are constructed and maintained in a structurally sound and attractive condition. E. These regulations distinguish between portions of the county designed for primarily vehicular access and portions of the county designed for primarily pedestrian access. F. These regulations do not regulate every form and instance of visual speech that may be displaced anywhere within the jurisdictional limits of the county. Rather, they are intended to regulate those forms and instances that are most likely to meaningfully affect one or more of the purposes set forth above. G. These regulations do not entirely eliminate all of the harms that may be created by the installation and display of signs. Rather, they strike an appropriate balance that preserves ample channels of communication by means of visual display while still reducing and mitigating the extent of the harms caused by signs. H. These regulations are not intended to and do not apply to signs erected, maintained or otherwise posted, owned or leased by federal, state or local government. The inclusion of "government" in describing some signs does not intend to subject the government to regulation, but instead helps illuminate the type of sign that falls within the immunities of the government from regulation. Sec. 9-1002. — Definitions. A frame sign means a two-faced sign with supports that are connected at the top and separated at the base, forming an "A" shape not more than four feet high. These are also referred to as "sandwich board" signs. They are included in the term "portable sign." Advertising means any words, symbol, color or design used to call attention to a commercial product, service, or activity. 31 Animated sign means a sign or part of a sign that is designed to rotate, move or appear to rotate or move. Such a sign is sometimes referred to as a "moving sign." Awning sign means a sign placed directly on the surface of an awning. Banner means a temporary sign of flexible material affixed to a framework or flat surface. Building frontage means the length of the main wall of a building which physically encloses usable interior space and which is the architecturally designed wall that contains the main entrance for use by the general public. Said frontage shall be measured at a height of ten (10) feet above grade. Business sign means a sign which directs attention to a product, service or commercial activity available on the premises. Canopy sign means a sign attached to a canopy. Chalk -board sign means a single -faced, framed slate or chalk -board that can be written on with chalk or similar markers. Changeable copy sign means a sign or part of a sign that is designed so that characters, letters or illuminations can be changed or rearranged without altering the face or surface of the sign. Comprehensive sign plan means a plan for the signage of a property that includes single or multiple tenants or owners with shared parking or other facilities. Feather sign means a lightweight, portable sign mounted along one edge of a single, vertical, flexible pole the physical structure of which may resemble a sail, bow, or teardrop. Flag means a piece of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope and used as a symbol or decoration; this includes pennants. Flashing sign means a sign that includes lights that flash, blink, or turn on and off intermittently. Freestanding sign means any non-portable sign supported by a fence, retaining wall, or by upright structural members or braces on or in the ground and not attached to a building. Ground mounted sign means a sign that is supported by structures or supports in or upon the ground and independent of any support from any building or wall. Height means the maximum vertical distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: (1) Existing grade prior to construction; or (2) The newly established grade after construction, exclusive of any filling, berming, mounding or excavating primarily for the purpose of mounting or elevating the sign. Holiday displays means displays erected on a seasonal basis in observation of religious, national, or state holidays which are not intended to be permanent in nature and which contain no advertising material. Illegal sign means any sign erected without a required permit or which otherwise does not comply with any provision of this article. 32 Illuminated sign means a sign that is backlit, internally lit, or indirectly lit, but does not include a neon sign. Marquee means a permanent structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather. Marquee sign means a sign attached to and made a part of a marquee or any similar projections from a building, with changeable, fixed or both types of lettering in use. Monument sign means a sign affixed to a structure built on grade in which the sign and the structure are an integral part of one another; not a pole sign. Neon sign means a sign containing exposed tubes filled with light -emitting gas. Nonconforming sign means any sign which was lawfully erected in compliance with applicable regulations of the county and maintained prior to the effective date of this article and which fails to conform to current standards and restrictions as set forth herein. Off -premises sign means a sign that directs attention to a business, product, service or activity conducted, sold or offered at a location other than the premises on which the sign is erected. Pole sign means a sign that is mounted on one (1) or more freestanding poles. Portable sign means any temporary sign not affixed to a building, structure, vehicle or the ground. It does not include a flag or banner. Projecting sign means any sign, other than a wall, awning or marquee sign, affixed to a building and supported only by the wall on which it is mounted. Public area means any public place, public right-of-way, any parking area or right-of-way open to use by the general public, or any navigable body of water. Public art means items expressing creative skill or imagination in a visual form, such as painting or sculpture, which are intended to beautify or provide aesthetic influences to public areas which are visible from the public realm that does not direct attention to a business, product, service or activity Roof sign means a sign erected or constructed, in whole or in part, upon or above the highest point of a building with a flat roof, or the peak of a roof for any building with a pitched roof. Sign means any device (writing, letter work or numeral, pictorial presentation, illustration or decoration, emblem, device, symbol or trademark, flag, banner or pennant or any other device, figure or character) visible to and designed to communicate information to a person in a public area. However, the term "sign" does not include public art, holiday displays, or architectural features, except those that identify products or services or advertise a business use. The term "sign" shall not include the display of merchandise for sale on the site of the display. Sign face means the portion of a sign structure bearing the message. 33 Signa structure means any structure bearing a sign face. Temporary sign means any sign constructed of cloth, canvas, vinyl, paper, wood, fabric, or other Iightweight material not well suited to provide a durable substrate or, if made of some other material, is neither permanently installed on the ground nor permanently affixed to a building or structure which is permanently installed in the ground. Vehicle or trailer sign means any sign attached to or displayed on a vehicle, if the vehicle or trailer is used for the primary purpose of advertising a business establishment, product, service or activity. Any such vehicle or trailer shall, without limitation, be considered to be used for the primary purpose of advertising if it fails to display current license plates and inspection sticker, if it is inoperable, if evidence of paid -to - date local taxes cannot be made available, or if the sign alters the standard design of such vehicle or trailer. Wall sign means any sign attached to a wall or painted on or against a flat vertical surface of a structure. Window sign means any sign visible outside the window and attached to or within 18 inches in front of or behind the surface of a window or door. Sec. 9-1003. - Permits required. A. Generally. Except as otherwise provided in sections 9-1004, a sign permit is required prior to the display of any sign and no sign greater than one (1) square foot in area may be constructed, erected, moved, enlarged, illuminated or substantially altered except in accordance with the provisions of this ordinance and in accordance with zoning and building permits. B. Application Process. Applications for sign permits shall be submitted to the department of planning and zoning on forms furnished by the department. The applicant shall provide detailed renderings, including colors, sizes, lighting and location for all signs to determine if the proposed sign is permitted under this ordinance and other applicable laws, regulations, and ordinances. An application for a temporary sign shall state the dates intended for the erection and removal of the sign. C. Permit fee. A nonrefundable fee, as set forth in the Uniform Fee Schedule adopted by the Board of Supervisors, as it may be amended from time to time, shall accompany all sign permit applications. D. Duration and revocation of permit. If a sign is not installed within six (6) months following the issuance of a sign permit (or within thirty (30) days in the case of a temporary sign permit), the permit shall be void. The permit for a temporary sign shall state its duration, not to exceed thirty (30) days unless another time is provided for in the this ordinance. The county reserves the right to revoke a sign permit under any of the following circumstances: (1) The county determines that information in the application was materially false or misleading; (2) The sign as installed does not conform to the sign permit application; or (3) The sign violates the zoning ordinance, building code, or other applicable law, regulation or ordinance. 34 E. Overlay district regulations. All signs in the Historic Overlay Districts require approval of the Historic Architectural Review Committee (HARC) except as otherwise set forth in Section 6-3006 and when a sign permit is not required as provided in Section 9-1004. Sec. 9-1004. — Exemptions. A. The following signs are exempt from regulation under this ordinance without a zoning permit so long as such signs are located a minimum of ten (10) feet from any property line, are located outside of VDOT right- of-way and are located outside of any sight triangles related to public or private roadways, driveways, or other points of ingress or egress: 1. Signs one (1) square foot or less in area; 2. Signs erected by a governmental body or required by law; 3. Flags up to 32 square feet in size not containing any commercial advertising; provided, that no freestanding pole shall be erected in the public right-of-way and shall have a setback of one (1) foot horizontally for each foot in height from the base of the pole to any adjoining property line, service drive, travel lane or adjoining street. All such flags shall be mounted in a permanent fashion with no more than two (2) flags on a single pole. No more than three (3) multiple flag pole displays are permitted. Flags shall be maintained in good repair and shall not constitute a hazard to vehicular or pedestrian traffic; 4. The changing of messages on marquees and the repair of an existing permitted sign, except that repair of a nonconforming sign must comply with Sec. 9-1010 below. 5. Temporary signs as follows: (i) One (1) sign, no more than thirty-two (32) square feet in area and eight (8) feet in height, located on property where a building permit is active. 6. On any property for sale or rent, a sign may be placed in accordance with the following criteria: (i) On -premises signs. a. On -premises signs shall be limited to one (1) sign per lot per street frontage or frontage on navigable waterway. b. Signs on an individual single-family parcel shall not exceed four (4) square feet in size and a maximum of four (4) feet in height. c. Signs on a multi -family parcel shall not exceed thirty-two (32) square feet in size and a maximum of ten (1) feet in height. d. Signs in Rural Agricultural Conservation zoning districts shall not exceed sixteen (16) square feet in size and a maximum of six (6) feet in height. e. Signs in commercial and industrial zoning districts shall not exceed thirty- two (32) square feet in size and a maximum of ten (10) feet in height. The height of all signs shall represent a measurement from ground level to the top of the sign structure. (ii) Off -premises signs. a. Off -premises signs shall not be erected for more than three (3) days in a calendar week. b. Such signs shall be limited to eight (8) square feet in size and a maximum of four (4) feet in height. 35 7. Official notices or advertisements posted or displayed by or under the direction of any public or court officer in the performance of his or her official or directed duties; provided, that all such signs shall be removed no more than ten (10) days after their purpose has been accomplished. 8. No more than four (4) temporary signs not more than four (4) square feet in area or one (1) temporary sign not more than sixteen (16) square feet in area in residential and agricultural zones and which are removed within 90 days after being erected. 9. No more than one (1) temporary sign not more than eight (8) square feet in area in commercial and industrial zones for a period of no more than thirty (30) days and no other temporary sign shall be permitted for a period of thirty (30) days from removal of a previously placed temporary sign. 10. No more than one (1) A -frame sign per unit up to a maximum of ten (10) square feet in size on the sidewalk immediately adjacent to the building facade for which the promotion, sale or service is located. The sign surface area shall be calculated by using the area of only one (1) side of such sign. The height of the sign shall not exceed four (4) feet. Signs shall not reduce required ingress/egress to less than five (5) feet on a sidewalk. Sec. 9-1005. - General sign restrictions and prohibitions. A. Prohibited. In addition to those signs prohibited elsewhere in this Code or by applicable state or federal law, the following signs are prohibited: 1. Signs that violate any law of the Commonwealth of Virginia relating to outdoor advertising. 2. Signs that are attached to or utilize utility poles, trees or other signs are prohibited. Signs attached to fences or walls are prohibited unless otherwise specifically allowed by this ordinance. 3. Signs simulating, or which are likely to be confused with, a traffic control sign or any other sign displayed by a governmental authority. Any such sign is subject to immediate removal and disposal by an authorized county agent or official as a nuisance. 4. Vehicle or trailer signs. 5. Any sign displayed without complying with all applicable regulations of this article. 6. Signs that revolve or that utilize movement or apparent movement to attract the attention of the public are prohibited. 7. Signs, which contain or consist of pennants, balloons, ribbons, streamers, banners, spinners, strings of lights, or other similar moving or stationary devices, are prohibited, unless otherwise specifically allowed by section 9-1004 of this ordinance. S. Signs promoting activities which are illegal under federal, state, or local laws or regulations are prohibited. 9. Except for movie theater and gasoline station uses, as defined in this ordinance, changeable sign copy shall not be incorporated into a sign face, unless the changeable component of the sign face occupies less 36 than half the total area of the sign face. If changeable copy is used, it shall be located adjacent to or integrated into the sign face, and lettering shall be of a single style and of uniform color and size. 10. Signs shall not obstruct any window, door, fire escape, stairway, ladder or opening intended to provide light, air or ingress and egress for any building or structure. 11. No wall sign shall be higher than the peak of the roof or the parapet wall of any building to which the sign is attached. 12. No sign may be located within the sight triangle as determined by this ordinance or so that it interferes with the view necessary for motorists to proceed safely through intersections or to enter onto or exit from public streets or private roads. 13. No signs or supporting structures shall be located within or over any public right-of-way unless specifically approved by the regulatory authority. 14. Portable and off -premises signs shall be prohibited unless otherwise specifically allowed by this ordinance. 15. Animated signs. This subsection does not apply to flags expressly permitted under this article. 16. Flashing signs or other signs displaying flashing, scrolling or intermittent lights or lights of changing degrees of intensity. 17. Signs consisting of illuminated tubing or strings of lights outlining property lines or open sales areas, rooflines, doors, windows or wall edges of any building, except for holiday displays. 18. Signs that emit smoke, flame, scent, mist, aerosol, liquid, or gas. 19. Signs that emit sound. 20. Any electronic sign that is generated by a series of moving images, such as an LED, digital display, or other video technology, whether displayed on a building, vehicle, or mobile unit. 21. Signs erected on public land other than those approved by an authorized county official in writing, required by law without such approval, or permitted under Section 24.2-310(E) of the Code of Virginia (1950, as amended). Any sign not so authorized is subject to immediate removal and disposal by any authorized agent or official of the county. Removal of the sign under this provision does not preclude prosecution of the person responsible for the sign. Sec. 9-1006. - Permitted signs. A. Wall signs. Each nonresidential establishment, except for planned developments, home occupations, and shopping centers, regulated separately, shall be allowed to erect one or more wall signs so long as such signs shall be limited to not more than ten (10) percent of the area of the wall fronting or facing a public street or highway, or two hundred (200) square feet, whichever is less, and shall meet the following standards: 1. All signage on an individual parcel shall utilize a coordinated and cohesive design for all lettering and logos, colors, sizes, fonts, and images. 7 2. In the village center district, nonresidential establishments shall be limited to a total of one (1) wall sign, limited to not more than five (5) percent of the area of wall fronting or facing a public street or highway or sixteen (16) square feet, whichever is less. 3. In the case of mixed-use buildings which are not shopping centers, each building shall be allowed a total of one (1) wall sign attached to an exterior wall. Such sign shall be limited to not more than ten (10) percent of the area of the wall it is attached to or forty (40) square feet, whichever is less. 4. Each establishment or, in the case of mixed use buildings which are not shopping centers, each building is allowed one (1) projecting sign in lieu of one (1) wall sign, which meets the following standards: (i) Each projecting sign shall be limited to not more than ten (10) percent of the area of the wall fronting or facing a public street or highway, or forty (40) square feet in size, whichever is less. (ii) Nonresidential establishments in the village center district shall be limited to six (6) square feet in size, or less. (iii) All projecting signs shall be mounted such that the bottom of the sign is a minimum of eight (8) feet above grade. (iv) No projecting sign shall extend more than forty-eight (48) inches from the building or structure it is attached to. 5. Canopy or awning signs shall be allowed in addition to the one (1) wall sign or one (1) projecting sign, provided that the total sign square footage for the nonresidential establishment does not exceed the maximum allowed by this section. The area of canopy or awning signs shall be calculated as specified in section 9-1007. 6. Canopies or awnings used for building accents over doors, windows, etc. shall not be internally lit (i.e., from underneath or behind the canopy or awning). Canopies or awnings containing lighting fixtures that illuminate only items below the canopy or awning, but not the canopy or awning itself, shall be permitted. B. Freestanding signs. Each nonresidential establishment, except for planned developments, home occupations, shopping centers, and those located in the highway corridor overlay (HCO) district or the Newport development service overlay (NDSO) district, regulated separately, shall be allowed a total of one (1) freestanding sign per lot or parcel which must meet one (1) of the design options below. 1. Design options. (i) One (1) freestanding sign, limited to no more than sixteen (16) square feet in size and a maximum of six (6) feet in height, and meeting the following setbacks: a. Where the right-of-way is greater than or equal to fifty (50) feet, the minimum setback is five (5) feet from the edge of the right-of-way. b. Where the right-of-way is less than fifty (50) feet, the minimum setback is thirty (30) feet from the centerline of the road. (ii) One (1) freestanding sign, limited to no more than thirty-two (32) square feet in size and a maximum of six (6) feet in height, and meeting the following setbacks: 79 a. Where the right-of-way is greater than or equal to fifty (50) feet, the minimum setback is fifteen (15) feet from the edge of the right-of-way. b. Where the right-of-way is less than fifty (50) feet, the minimum setback is forty (40) feet from the edge of the centerline of the road. (iii) One (1) freestanding sign, limited to no more than fifty (50) square feet in size and a maximum of eight (S) feet in height, and meeting the following setbacks: a. Where the right-of-way is greater than or equal to fifty (50) feet, the minimum setback is thirty-five (35) feet from the edge of the right-of- way. b. Where the right-of-way is less than fifty (50) feet, the minimum setback is sixty (60) feet from the centerline of the road. 2. Construction standards for freestanding signs. (i) The street address number must be displayed on all permanent freestanding signs in accordance with the following criteria: (a) Numbers used to display the street address shall meet the minimum height requirements specified in section 14.1-15 of the Isle of Wight County Code. (b) Street address numbers shall be visible from each direction of traffic flow along the street to which the property is addressed. (c) Street address numbers shall be excluded from sign area computation. (ii) All freestanding signs, except for home occupation signs or signs located in the highway corridor overlay (HCO) district or the Newport development service overlay (NDSO) district shall be monument -type signs, double -post signs, or single -post signs, and shall comply with the following standards: (a) Monument -type signs. (1) The width of the base of the sign shall be equal to or greater than the width of the sign face. (2) The height of the base of the sign shall be less than or equal to the height of the sign face. (3) The total height of the sign, including the base, shall be less than the width of the base. (4) Sign shall be masonry, wood, high density urethane (HDU), or composite panel made from natural and recycled materials which are designed to simulate wood. (5) Materials, colors, and shapes of proposed signs shall be compatible with the related building(s) located on the site and signs and buildings on adjacent and nearby properties. (6) Shrubs, flowers, or other landscaping materials which do not obscure the sign face shall be incorporated into the sign installation area. (7) Signs shall be sufficiently visible from street rights-of-way so that the site entrances can be readily identified by both pedestrians and persons in vehicles. (8) Color schemes shall be subtle and the majority of the sign structure shall be limited to earth tones or historic palettes which have been specifically identified for the area. 3 (9) All signage on an individual parcel shall utilize a coordinated and cohesive design for all lettering and logos, colors, sizes, fonts, and images and shall all be constructed utilizing the same materials. (b) Double -post signs. (1) The sign structure shall consist of two (2) mounting posts, set at least seventy-five (75) percent of the total sign length apart. (2) Mounting posts shall be a minimum size of four -inch by four -inch or five -inch diameter. (3) Total sign structure height shall not exceed six (6) feet. (4) Sign shall be wood, high density urethane (HDU), or composite panel made from natural and recycled materials which are designed to simulate wood. (5) Materials, colors, and shapes of proposed signs shall be compatible with the related building(s) located on the site and signs and buildings on adjacent and nearby properties. (6) Sign face shall be a minimum of one and one-half (11/2) inches thick. (7) Shrubs, flowers, or other landscaping materials which do not obscure the sign face shall be incorporated into the sign installation area. (8) Signs shall be sufficiently visible from street rights-of-way so that the site entrances can be readily identified by both pedestrians and persons in vehicles. (9) Color schemes shall be subtle and the majority of the sign structure shall be limited to earth tones or historic palettes which have been specifically identified for the area. (10) All signage on an individual parcel shall utilize a coordinated and cohesive design for all lettering and logos, colors, sizes, fonts, and images and shall all be constructed utilizing the same materials. (c) Single -post signs. (1) Single -post signs may be utilized in RAC, RR, and VC districts, or for historical markers in any district. (2) Sign structure shall be a single, vertical mounting pole. (3) Sign face shall not be attached directly to the vertical mounting pole and shall utilize a mounting arm attached perpendicular to the vertical mounting pole. (4) Signs shall not exceed eight (8) feet in height. (5) Sign area shall not exceed four (4) square feet. (6) Signs shall be sufficiently visible from street rights-of-way so that the site entrances can be readily identified by both pedestrians and persons in vehicles. (7) Color schemes shall be subtle and the majority of the sign structure shall be limited to earth tones or historic palettes which have been specifically identified for the area. (8) All signage on an individual parcel shall utilize a coordinated and cohesive design for all lettering and logos, colors, sizes, fonts, and images and shall all be constructed utilizing the same materials. C. Planned developments. 1. Planned developments shall meet the standards and guidelines of section 9-1006 unless a master signage plan is submitted and approved by the M board of supervisors as part of the master development plan specific to the project. 2. In the case of a master signage plan for the parcel, changes which do not have a significant impact on the architectural character or overall quality of the development may be approved by the zoning administator as a minor modification. Minor modifications may include, but are not limited to: (i) Increase in the total allowable sign square footage for each parcel by less than ten (10) percent. (ii) Changes to the sign design standards such as allowing additional colors, construction materials, or mounting fixture styles. 3. In the case of a master signage plan for the parcel, changes which are deemed by the zoning administrator to have a significant impact on the architectural character or overall quality of the development shall be considered a major modification, requiring approval of a master plan amendment by the planning commission and board of supervisors. D. Home occupations. 1. Home occupations are allowed one (1) freestanding sign per parcel, limited to no more than four (4) square feet in size and four (4) feet in height and meeting the following setbacks: (i) Where the right-of-way is greater than or equal to fifty (50) feet, the minimum setback is five (5) feet from the edge of right-of-way. (ii) Where the right-of-way is less than fifty (50) feet, the minimum setback is thirty (30) feet from the centerline of the road. 2. Home occupation signs shall not be illuminated. E. Shopping centers. 1. All signage within or related to the shopping center shall utilize a coordinated and cohesive design for all lettering and logo colors, sizes, fonts, and images, and freestanding signage shall all be constructed utilizing the same materials. 2. Individual establishments within a shopping center shall each be allowed one (1) facade identification sign which does not exceed ten (10) percent of the area of the wall frontage dedicated to that establishment. 3. In lieu of a facade identification sign, individual establishments within a shopping center shall each be allowed one (1) projecting sign which does not exceed ten (10) percent of the area of the wall frontage dedicated to that establishment or twelve (12) square feet, whichever is less. (i) Projecting signs utilized in the village center district shall be limited to six (6) square feet in size. (ii) All projecting signs shall be mounted such that the bottom of the sign is at least eight (8) feet above grade. 4. Shopping centers shall be allowed one (1) freestanding identification sign per public road frontage, each limited to no more than fifty (50) square feet in size and eight (8) feet in height, and meeting the following setbacks: (i) Where the right-of-way is greater than or equal to fifty (50) feet, the minimum setback is thirty-five (35) feet from the edge of right-of-way. 41 (ii) Where the right-of-way is less than fifty (50) feet, the minimum setback is sixty (60) feet from the centerline of the road. 5. Freestanding signs for shopping centers shall meet the construction standards as specified in subsection 9-1006.B.2. 6. Freestanding signs for shopping centers which include more than one (1) name or logo on the sign face shall utilize a coordinated and cohesive design for all lettering and logos, colors, sizes, fonts, and images installed on the sign. 7. Out parcels platted as part of a shopping center shall be allowed one (1) facade sign per establishment, not to exceed ten (10) percent of the area of the wall facing a public street. In addition, out parcels platted as part of a shopping center shall be allowed one (1) individual freestanding signs as specified in this article. 8. Individual establishments which are located on the same parcel but which are not part of a platted shopping center shall be permitted one (1) combined freestanding sign which meets the design options and construction standards of subsection 9-1006.B. F. Highway corridor overlay (HCO) district and Newport development service overlay (NDSO) district. 1. Establishments located within the HCO and NDSO districts shall be allowed one (1) freestanding sign, limited to no more than fifty (50) square feet in size a maximum of eight (8) feet in height, and meeting the following setbacks: (i) Where the right-of-way is greater than or equal to fifty (50) feet, the minimum setback is thirty-five (35) feet from the edge of the right-of- way. (ii) Where the right-of-way is less than fifty (50) feet, the minimum setback is sixty (60) feet from the centerline of the road. 2. Freestanding signs for establishments located in the HCO or the NDSO districts shall meet the following additional construction standards: (i) Establishments with a building area of ten thousand (10,000) square feet or less may construct either a monument -type sign as specified in subsection 9-1006.B.2.i. or a double -post sign as specified in subsection 9-1006.B.2.ii. (ii) Establishments with a building area greater than ten thousand (10,000) square feet shall construct a monument -type sign as specified in subsection 9-1006.B.2.i. G. Directional signage. 1. Civic, office, commercial, and industrial use types, as defined in article III, shall be allowed one (1) freestanding directional sign per building entrance, not to exceed four (4) signs per parcel. Directional signage which is exempt per section 9-1003 shall not be included in the total number of signs calculation. 2. Directional signage shall meet the construction and design standards in subsection 9-1006.B. for all freestanding signs, unless exempt per section 9-1003. 3. The area of directional signs over four (4) square feet in size shall be calculated as specified in section 9--1007. 42 H. Residential uses. 1. Residential subdivisions, multifamily developments, and mobile home parks shall be allowed one (1) freestanding identification sign per public entrance, meeting the setback and design standards of subsection 9-1006.B. 1. Electronic message board signs. 1. Only one (1) message board per premises is permitted. Such boards shall be permitted only when incorporated with a permitted freestanding sign and shall not exceed fifty (50) percent of a permitted individual freestanding sign area. 2. The rate of change for the electronic message shall be no less than 30 seconds between changes. J. Window Signs. 1. A permanent window sign, individually or collectively, shall be limited to no more than fifteen percent (15%) of the surface area of the transparent portion of the window or door to which they are attached. 2. The area of window signs shall be deducted from the allowable wall sign area, as specified in subsection 9-1006.A. K. Wayside Stands. 1. Wayside stands shall be allowed one (1) freestanding sign or one (1) facade sign, attached to the wayside stand, no larger than four (4) square feet in size and a maximum of twelve (12) feet in height. Sec. 9-1007. - Computation of sign area. The area of a sign face shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing representation, emblem, color or other display, together with any material or color forming a part of the background of the display or used to differentiate the sign from the structure against which it is placed. The area shall not include any supporting framework, bracing or decorative wall or fence when such wall or fence otherwise meets these or other regulations and is clearly incidental to the display itself. A. For signs consisting of two (2) or more sides, the sign surface area shall be computed as described above in addition to the following criteria: 1. The sign surface area of a two-faced, back-to-back sign shall be calculated by using the area of only one (1) side of such sign, so long as the distance between the backs of such signs do not exceed eighteen (18) inches and the sign message, logo, text, or other display is the same on each side. 2. The sign surface area of a two --faced sign constructed in the form of a "V" shall be calculated by using the area of only one (1) side of such sign (the larger side if there is a size difference), so long as the angle of the "V" does not exceed thirty degrees (30°) and at no point does the distance between the backs of such sides exceed five (5) feet and the sign message, logo, text, or other display is the same on each side. 43 B. The area of a canopy or awning sign shall be calculated as specified above and the area of such signs shall be deducted from the allowable facade sign area, as specified in subsection 9-1006.A. Sec. 9-1008. - Sign illumination and signs containing lights. Unless otherwise prohibited by this ordinance, signs shall be illuminated using white lighting, provided such illumination is in accordance with this section. A. External lighting shall be encouraged and shall be provided by concealed and/or screened spot or flood lights and shall be arranged and installed so that direct or reflected illumination does not exceed twenty-five hundredths (0.25) footcandle above background measured at the lot line of any adjoining residential property or street right-of-way. B. Internal lighting shall be discouraged and shall be limited to internal light contained within translucent letters and/or logos and provided that the background or field on which the copy and/or logos are placed, is opaque and the area illuminated is restricted to the sign face only. The direct or reflected illumination shall not exceed twenty-five hundredths (0.25) footcandle above the background, measured at the lot line of any adjoining residential property or street right-of-way. C. Lighting directed toward a sign shall be shielded so that it illuminates only the face of the sign and does not shine directly into any public or private right-of-way or residential dwelling. D. Internally illuminated signs are not permissible in any residential districts. Sec. 9-1009. - Maintenance of signs and required permits. A. All signs and all components thereof, including, without limitation, supports, braces, and anchors, shall be kept in a state of good repair. Components of freestanding signs, (e.g., supporting structures, backs, etc.) not bearing a message shall be constructed of materials that blend with the natural environment or shall be painted a neutral color to blend with the natural environment. B. If an off -premises sign, other than a billboard, advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be considered abandoned and shall, within ninety (90) days after such abandonment, be removed. The cost for removal shall be the responsibility of the property owner. C. If the message portion of a sign is removed, leaving only the supporting "shell" of a sign or the supporting braces, anchors, or similar components, the owner of the sign or the owner of the property where the sign is located or other person having control over such sign shall, within ninety (90) days of the removal of the message portion of the sign, either replace the entire message portion of the sign or remove the remaining components of the sign. This subsection shall not be construed to alter the effect of section 9-1010, which prohibits the replacement of a nonconforming sign. Nor shall this subsection be construed to prevent the changing of the message of a sign. D. A zoning permit for a sign shall lapse automatically if the business license for the premises lapses, is revoked, or is not renewed. A zoning permit for a sign shall also lapse if the business activity on the premises is discontinued for a period of ninety (90) days or more. Sec. 9-1010. - Nonconforming signs. A. Subject to the restrictions of this ordinance, nonconforming signs that were otherwise lawful on the effective date of this ordinance may be continued unless such signs are required to be removed pursuant to section 9-1009 or 9-1011 of this ordinance. B. No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming sign. No nonconforming sign may be enlarged or altered in such a manner as to aggravate the nonconforming condition. Nor may illumination be added to any nonconforming sign. C. A nonconforming sign may not be moved or replaced except to bring the sign into compliance with the requirements of this ordinance. 1. Exceptions. (i) A sign which does not conform to setback requirements under this ordinance, that identifies a legally established use existing prior to the adoption of the first zoning ordinance dated February 6, 1970, may be replaced or repaired provided that the following requirements are met: (a) The use identified is a permitted or conditional use under the provisions of this ordinance in effect at the time of replacement; (b) The replacement sign does not encroach closer into the required yard; and (c) The sign otherwise complies with the provisions of this ordinance, including but not limited to size, height, construction standards, and sight triangle requirements. D. If a nonconforming sign is destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before such an occurrence shall exceed fifty percent (50%) of the current replacement value at the time of damage, the sign shall not be replaced except in compliance with the provisions of this section and the ordinance; it may not thereafter be repaired, reconstructed, or replaced except in conformity with all the provisions of this ordinance, and the remnants of the former sign structure shall be cleared from the property. 1. Exceptions. (i) A sign which does not conform to setback requirements under this ordinance, that identifies a legally established use existing prior to the adoption of the first zoning ordinance dated February 6, 1970, may be replaced or repaired provided that the following requirements are met: (a) The use identified is a permitted or conditional use under the provisions of this ordinance in effect at the time of replacement; (b) The replacement sign does not encroach closer into the required yard; and (c) The sign otherwise complies to the provisions of this ordinance, including, but not limited to, size, height, construction standards, and sight triangle requirements. 5 (d) Signs destroyed by vandalism or theft may be replaced in their original location and size dimensions. E. The message of a nonconforming sign may be changed so long as this does not create any new nonconformities by creating circumstances where such a sign would not be allowed. F. Subject to the other provisions of this section, nonconforming signs may be repaired and renovated so long as the cost of such work does not exceed, within any twelve-month period, fifty percent (50%) of the value of such sign. G. If a nonconforming billboard remains blank for a continuous period of ninety (90) days, that billboard shall be deemed abandoned and shall, within thirty (30) days after such abandonment, be altered to comply with this ordinance or be removed by the sign owner, owner of the property where the sign is located, or any other person having control over such sign. For purposes of this section, a sign is "blank" if: 1. It advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted; 2. The message it displays becomes illegible in whole or substantial part; or 3. The advertising copy paid for by a party other than the sign owner or promoting an interest other than the rental of the sign has been removed. H. A preexisting nonconforming off -premises sign may be replaced within six (b) months of such sign being damaged or destroyed, provided the replacement sign is located in the same location and the replacement sign is no greater than four (4) square feet in size. Sec. 9-1011. - Removal or abandonment of signs. A. Removal of sign. The zoning administrator may order the removal of any sign erected or maintained in violation of this ordinance upon thirty (30) days written notice to the owner of such signs, or the owner of the building, structure or premises on which such sign is located, to remove the sign or to bring such sign into compliance. Upon failure to comply with this notice, the zoning administrator or his duty authorized representative may remove the sign at cost to the owner. The zoning administrator may remove a sign immediately and without notice if, in his opinion, the condition or location of the sign is such as to present an immediate threat to the safety of the public. B. Abandoned signs. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises. Sec. 9-1012. - Exceptions. A. A request for an exception to the requirements of article IX, signs, shall be made in writing to the zoning administrator for consideration by the board of supervisors following a recommendation by the planning commission in accordance with section 7-2000 (development review). The request shall be accompanied by those documents determined by ., the zoning administrator to be necessary for the board of supervisor's consideration of the request. B. The board of supervisors in formulating a decision shall consider the following: 1. Such exception shall create no greater impact to the residents or occupants of the development, as well as the neighboring property, than that which would be obtained under the applicable regulation; 2. Such exception is reasonable because of the high level of design and construction that will be incorporated in the development; and 3. Such exception will result in design and construction that is in accordance with accepted engineering and building standards. C. Applicants shall be informed in writing of the outcome of the board of supervisors and the process for appeal, should the request be denied. D. Any person or persons jointly or severally aggrieved by a decision of the board of supervisors may present to the Circuit Court of the County of Isle of Wight a petition specifying the grounds on which aggrieved within thirty (30) days after the final decision of the board of supervisors. D. An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 4, Buildings Chairman Alphin opened the public hearing and Arthur E. Berkley, Director of Inspections, represented the Ordinance amendment. Chairman Alphin closed the public hearing. Following a recommendation by Supervisor Grice that the Board table the matter until a more concrete plan is in place, Supervisor Acree moved that the matter be deferred to the Board's September meeting. In the meantime, staff is directed to research the approximate cost of the program; the impact to staff; and, draft policies and procedures that address the Board's concerns. The motion passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. COUNTY ADMINISTRATOR'S REPORT Responsive to citizens' concerns, Don Jennings, Director of General Services, briefed the Board regarding FY2016-17 adopted water rate increases, designed to shift the burden from the General Fund to the County's customer base. Mr. Jennings offered to review consumptions on prior bills and advise the Board before proceeding with a course of action. 47 The Board received a briefing from Michael W. Terry, Director of Budget & Finance, on preliminary unaudited information contained in the Fourth Quarter Financial Report. The Board was advised information on the Balancing Act Software, a software designed to provide citizens with an exercise in balancing the budget, is included in their agendas. The Board was advised that Economic Development staff intends to submit a Virginia Economic Development Partnership (VEDP) Virginia Business Ready Sites Program Site Characterization Grant Application and, if such grant is awarded to the County, staff will request that the Board accept and appropriate the grant funds. The Board was advised of information contained in the agenda on the following for its information: 1.) Tax Levies & Collections Report; 2.) Statement of Treasurer's Accountability; 3.) Quarterly Litter Report; 4.) Isle of Wight Extension Report; and, 5.) Website Statistics. NEW BUSINESS Supervisor Acree requested staff to develop a draft policy granting authority to the County Administrator or Purchasing Agent the disposition of surplus property as done in other localities. Pamela Barton, Director of Social Services, requested $25,000 for the Department of Social Services' Adult Services Program. Supervisor McCarty moved that the request from the Department of Social Services for $25,000 be approved which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Prompted by an inquiry from an elderly citizen to the Interim County Administrator for a waiver of a permit fee for a church group to install a rail at her home, the following Resolution, on motion of Supervisor Jefferson, was adopted which passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion: RESOLUTION TO AMEND CHAPTER 2: FINANCIAL AND ACCOUNTING, ARTICLE IV, SECTION 2.02 FEES AND CHARGES OF THE COUNTY POLICY MANUAL WHEREAS, the County has established guidelines regarding permit fees and charges under Chapter 2: Financial and Accounting, Article IV, Section 2.02 Fees and Charges of the County Policy Manual; and, 4 WHEREAS, the Board of Supervisors desires to amend Chapter 2: Financial and Accounting, Article IV, Section 2.02 Fees and Charges of the County Policy Manual to establish guidelines for the administrative waiver of certain fees and charges. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Chapter 2: Financial and Accounting, Article IV, Section 2.02 Fees and Charges of the County Policy Manual is hereby amended as follows: ARTICLE IV Financial Policies (Revised August 18, 2016) REVENUES 2.01 Revenue Diversification The County will strive to maintain diversified and stable revenue streams to protect the government from problematic fluctuations in any single revenue source and provide stability to ongoing services. Current revenues are expected to fund current expenditures and a diversified and stable revenue system will be pursued to protect programs. 2.02 Fees and Charges All fees established by the County for licenses, permits, fines, services, applications and other miscellaneous charges shall be set to recover all or a portion of the County's expense in providing the attendant service. These fees shall be reviewed annually with the development of the annual operating budget. Fees and Charges as set forth herein shall be waived for the following projects: Projects performed by county staff on county property, or other County administered projects provided that permit fees are not included in the bid award. Projects funded by the Community Development Block Grant Program, or other County administered grant projects, provided that permit fees are not included in the bid award. Repair and rehabilitation of properties damaged by natural disasters to include but not necessarily limited to flood, hurricanes, tornadoes or similar occurrences. Supervisor McCarty notified staff that the American flags are in need of replacement at the entrance to the James River Bridge. Responsive to a request from Supervisor McCarty relative to the success of the concert series, Mr. Robertson advised that a report is forthcoming. Responsive to a recommendation of Supervisor Grice for a work session to review the financial information provided by the Director of Budget and Finance and the Nike Park Bike Trail project, Chairman Alphin recommended suggested work session follow the arrival of County Administrator Keaton. Chairman Alphin notified the Board that Carrsville area residents are angered at the new convenience center schedule and he intends to bring this issue up for discussion and consideration of additional hours of operation during the new budget cycle. ADJOURNMENT At 11:00 p.m., the Chairman declared the meeting adjourned. a"WiJIS t*;--kxY-L Carey Its &6 6, Clerk 50 Re . Alphin, Cg6irman