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03-14-2018 Regular MeetingREGULAR 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 WEDNESDAY, THE FOURTEENTH DAY OF MARCH IN THE YEAR TWO THOUSAND AND EIGHTEEN PRESENT: Rudolph Jefferson, Chairman, Hardy District William M. McCarty, Vice -Chairman, Newport District Don G. Rosie, II, Carrsville District Joel C. Acree, Windsor District Richard L. Grice, Smithfield District ALSO IN ATTENDANCE: Mark C. Popovich, County Attorney Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Carey M. Storm, Clerk CALL TO ORDER Chairman Jefferson called the regular Board of Supervisors' meeting to order at 5:00 p.m. and welcomed all present. APPROVAL OF AGENDAMMENDMENTS Supervisor McCarty moved that the agenda be approved with the following additions under New Business: (1) Stipends/Board-appointed Boards/Committees and (2) direction to County Administrator Keaton to review the history of the street system in the Laurels Subdivision located in the Newport District. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. CLOSED MEETING County Attorney Popovich requested a closed meeting pursuant to Section 2.2- 3711(A)(1) concerning the discussion of the appointment of specific appointees to County board/commissions/authorities; pursuant to Section 2.2-3711(A(1) concerning discussion relating to a personnel matter related to the performance of a specific appointee of the County; pursuant to Section 2.2-3711(A)(5) concerning discussion of a perspective business where no previous announcement has been made; and, pursuant to Section 2.2-3711(A)(1) concerning the discussion of a personnel matter related to the performance related to a specific appointed employee of the County. Supervisor McCarty moved that the Board enter the closed meeting for the reasons stated by County Attorney Popovich. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. I Supervisor McCarty moved that the Board return to open meeting. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the 11raTmein, County Attorney Popovich reminded the Board that in accordance with Section 2- 10(G) of the Board's Rules & Procedure, all those who participated in the closed meeting are reminded that all matters discussed in closed meeting are to remain confidential, as provided under the Virginia Freedom of Information Act, and that such matters as were discussed in closed meeting should not be acted upon or discussed in public by any participant unless and until a public, formal action of the Board of Supervisors is taken on that particular subject matter. Supervisor McCarty moved that the following Resolution be adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Acree, Rosie, Grice, Jefferson and McCarty NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Grice delivered the invocation and led the Pledge of Allegiance to the American Flag. CONSENT AGENDA A. Resolution in Recognition of the Retirement of Sheriff Mark Marshall I B. Resolution to Accept and Appropriate the Virginia Commission for the Arts Government Challenge Grant for the Smithfield Cultural Arts League ($4,500) C. Resolution to Accept and Appropriate Virginia Tourism Corporation LOVEworks Grant Funds ($1,500) D. Resolution to Accept and Appropriate a Grant from the Virginia Tourism Corporation (VTC) for the CRUSH FRIDAY Partnership ($10,000) E. Resolution to Accept and Appropriate Commonwealth of Virginia E911 Services Board Grant Funds ($150,000) F. Resolution to Transfer Funds from the FY 2017 Public Utility Fund and the 2016 General Fund Fund Balance to the Benns Church Projects ($860,300) G. Resolution to Transfer Funds from the Capital Projects Fund Contingency and Interest Earnings for the Acquisition of Medic Units ($55,000) H. 2017 Planning Commission Annual Report I. 2017 Board of Zoning Appeals Annual Report J. Minutes October 26, 2017 Intergovernmental Meeting with the Windsor Town Council and the Board of Supervisors January 18, 2018 Regular Meeting Minutes February 1, 2018 Special Meeting Minutes Supervisor Acree moved that the Consent Agenda be approved with the addition of the termination of a lease agreement. The motion was adopted by a vote of (5- 0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. CITIZENS' COMMENTS Richard Gillerlain spoke against the conduction of a special election for Sheriff. Regarding the 2017 Planning Commission Annual Report, Supervisor Grice acknowledged the Commission's dedication and noted that the Board had concurred with the Commission's recommendations 87.5% of the time. Supervisor Acree remarked that the Board relies on school officials, law enforcement and emergency services personnel to develop policies related to emergency events. Chairman Jefferson remarked that it is the school's authority to implement safety measures in the school facilities and that police have no authority over the school system, but provides a service when appropriate. 3 REGIONAL AND INTER-GOVERMENTAL REPORTS Supervisor Grice reported that the Smithfield Intergovernmental Relations Committee, at its March 2, 2018 meeting, had discussed a shared management agreement for the County Museum; boundary adjustments to the Scott Farm; and, a new five-year water agreement for Gatling Pointe residents and other water -related issues. Supervisor Grice commented that the Stormwater Advisory Committee had recently held its first meeting and the Committee's by-laws are included later in the agenda for the Board's consideration. Supervisor McCarty reported that the Western Tidewater Regional Jail facility's funds are being well managed and cost-saving measures are being implemented. Supervisor Acree reported that the Windsor Town Council had voted to move forward with the Town Center project. APPOINTMENTS Supervisor Grice moved to appoint Donna Hipp, replacing Pamela Staha, representing the Smithfield District on the Blackwater Regional Library Board. SPECIAL PRESENTATIO_NS1APPEARANCES Following the recognition of Mr. Ernest Powell, Supervisor McCarty moved that the following Resolution be adopted which passed by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion: RESOLUTION TO RECOGNIZE ERNEST POWELL FOR SERVICE ON THE ISLE OF WIGHT COUNTY FAIR COMMITTEE WHEREAS, Mr. Ernest Powell has faithfully served as a volunteer member of the Isle of Wight County Fair Committee in various capacities for many years; and, WHEREAS, Mr. Powell has served as the Admissions Chair of the Fair Committee since 2007; and, WHEREAS, Mr. Powell has contributed immensely to the success of the Isle of Wight County Fair; and, WHEREAS, the Board of Supervisors desires to express its appreciation for the countless hours Mr. Powell has dedicated to improving the County Fair and the quality of life of County citizens and Fair attendees. NOW, THEREFORE, BE IT AND 1T IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and expresses its appreciation for the contributions of Mr. Ernest Powell to the County's Fair Committee and to the citizens of Isle of Wight County. Ell Responsive to the most recent school shooting in Florida, Mark Mabey, Executive Director of School Administration Operations, presented a request for funding from the School Division to procure and install safety infrastructure in County schools in the amount of $846,944. Supervisor Acree moved that the Schools be allowed to reallocate $820,000 for the Honeywell security enhancements and upgrades which passed by a vote of (5- 0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Supervisor Grice further moved to designate Supervisor Rosie to facilitate the development of a task force to study and develop security measures for safeguarding schools and other community facilities and events. Said task force is to include the Police Departments from the Towns of Smithfield and Windsor, the Sheriff's Office, school representatives, EMS and fire and State police. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. PUBLIC HEARINGS Lease of County Property on Great Springs Road to the Smithfield Rotary Club Chairman Jefferson opened the public hearing and called for persons to speak in favor of or in opposition to the proposed lease. No one appeared and spoke. Chairman Jefferson closed the public hearing and called for Board comments. Supervisor McCarty moved that the Chairman be authorized to execute the lease of County property on Great Springs Road to the Smithfield Rotary Club. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. COUNTY ADMINISTRATOR'S REPORT Amy Ring, Director of Planning & Zoning, formally introduced Ms. Springer, a new Principal Planner in that Department. Jeff Terwilliger, Chief of Emergency Services, provided an overview of the 2017 Department of Emergency Services Annual Report relative to performance and activities of the County's fire and EMS system. Supervisor Acree remarked on his desire to offer incentives to volunteers for recruitment and retention. Don Jennings, Director of Utilities, briefed the Board on an amendment to the Stormwater Permit intended to streamline the permit process for certain types of development in the County. Assistant County Administrator Robertson provided a legislative update on the 2018 General Assembly session which ended without a completed budget resulting in the need to reconvene on April 11, 2018 for continued work on the budget. Following a break, Assistant County Administrator Robertson reviewed the following proposed FY2018-19 Operating & Capital Budget calendar with the Board: April 4th at 6:00 p.m.; April 12th at 6:00 p.m.; April 17th at 6:00 p.m.; April 19th at 5:00 p.m.; April 26th at 6:00 p.m.; May 3 d at 6:00 p.m.; and, May 101h at 6:00 p.m. County Administrator Keaton highlighted matters for the Board's information contained under his section of the agenda. UNFINISHED OLD BUSINESS Richard Rudnicki, Assistant Director of Planning & Zoning, responsive to concerns expressed by Supervisor McCarty, provided an analysis of the proposed changes to the Ordinance to Amend and Reenact Appendix B, Zoning: Article IX, Signs, of the Isle of Wight County Code to Make Changes to the Requirements for Temporary and Permanent Signs. Supervisor McCarty moved that the following Ordinance be adopted which was adopted by a vote of (5-0) with Supervisors Acree, Rosie, 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: Article IX, Signs; in order to amend requirements for temporary and permanent signs WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and WHEREAS, the 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 IX, Signs, of the Isle of Wight County Code be amended and reenacted as follows: Article IX. - Signs. R 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 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 land or building. Therefore, the intent of this article is to establish limitations 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. 7 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. 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. Grand Opening means an event, often publicized, which signifies the official public opening of a facility such as a commercial business. 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 (Z) 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. 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. c) 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. Sign structure means any structure bearing a sign face. Temporary sign means any sign constructed of cloth, canvas, vinyl, paper, wood, fabric, or other lightweight material not well suited to provide a durable substrate or, if made of some other material, is neither permanently installed on the ground 10 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. 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 article 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. Flag(s) 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 (10) 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. 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) 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. 10. Signs which use pennants, balloons, ribbons, streamers, banners, spinners, strings of lights or other similar devices are permitted for a period of five (5) days prior to and not to exceed fifteen (15) days from the grand opening of an establishment. 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. 8. 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 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. 13 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. Temporary signs. Each nonresidential or nonagricultural establishment shall be allowed the following temporary signage. 1. Feather sign(s), up to two (2) feather signs, with or without advertising, up to thirty-two (32) square feet in size, subject to the following criteria: (i) Each feather sign(s) may be placed for a period of no more than thirty (30) days, and no additional feather sign(s) shall be placed for a period of thirty (30) days from removal of the previous feather sign(s). (ii) All feather sign(s) shall be placed a minimum of ten (10) feet from the Right of Way, outside any sight triangle, and shall not impair the visibility of any traffic control sign. 2. Temporary sign(s), one (1) temporary sign, up to thirty-two (32) square feet in size, subject to the following criteria: (i) A temporary sign may be placed for a period of no more than thirty (30) days, and no additional temporary sign shall be placed for a period of thirty (30) days from removal of the previous temporary sign. 14 (ii) All temporary signs shall be placed a minimum of ten (10) feet from the Right of Way, outside any sight triangle, and shall not impair the visibility of any traffic control sign. (iii) No temporary sign shall be hung between or from a freestanding sign, site lighting, trees, utility poles, or the like. 3. Banners, allowed one (1) banner, up to twenty-four (24) square feet in size, subject to the following criteria: (i) A banner may be placed for a period of no more than thirty (30) days. (ii) Each unit placing a banner shall not place another banner for a period of thirty (30) days from removal of a previously placed banner. (iii) A banner shall be displayed by being securely affixed to a building wall, window, or permanent structure. (iv) No banner shall be hung between a freestanding sign, site lighting, trees, utility poles, or the like. 4. On any property with a shopping center as defined in Article II, the following additional criteria shall apply: (i) Additional criteria. a. The number of signs shall be based on the building size of the shopping center as follows: 1. 25,000 square feet or less — Three (3) temporary signs with a minimum of twenty (20) feet of separation between signs. 2. 25,001 to 50,000 square feet — Four (4) temporary signs with a minimum of twenty-five (25) feet of separation between signs. 3. 50,001 to 100,000 square feet— Five (5) temporary signs with a minimum of thirty (30) feet of separation between signs. 4. 100,000 square feet and above — Six (6) temporary signs with a minimum of thirty-five (35) feet of separation between signs. b. Any feather signs, temporary signs, or banners found to be in violation of the requirements of this section shall result in the following penalties: 1. Immediate removal of the violating sign by the County. 2. Loss of privileges to display feather signs, temporary signs, or banners for a period of four (4) months for a first violation, six (6) months for a second violation, and one (1) year for any subsequent violations. B. 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. 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, and shopping centers, 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: 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 (8) feet in height, and meeting the following setbacks: a. Where the right-of-way is greater than or equal to fifty (50) feet, the minimum setback is thirty-five (35) feet from the edge of the right-of-way. b. Where the right-of-way is less than fifty (50) feet, the minimum setback is sixty (60) feet from the centerline of the road. (iv) Freestanding signs for establishments located in the HCO or the NDSO districts shall meet the following additional construction standards: 16 a. 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- 1006.13.2 or a double-post sign as specified in subsection 9-1006.13.2. b. Establishments with a building area greater than ten thousand (10,000) square feet shall construct a monument-type sign as specified in subsection 9- 1006.13.2. 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, 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. (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 (1%2) inches thick. 17 (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 board of supervisors as part of the master development plan specific to the project. A master signage plan submittal shall include the following information: (i) A site layout which identifies all freestanding signage locations, including any directional signage. This layout shall include proposed dimensions to the Right of Way and property lines, and the proposed square footage of signage including proposed height and width dimension allowances. (ii) Proposed building elevations which identify all fa4ade signage locations. These elevations shall include the proposed square footage of signage including proposed height, width, and area dimension allowances. If proposed elevations are not available the proposed square footage of signage including proposed height, width, and area dimension allowances on a per unit or per building basis shall be specified. (iii) Information on the proposed permitted colors, materials, lighting, landscaping, and any other information the Zoning Administrator or his/her designee may deem necessary for all signage. 2. in the case of a master signage plan for the parcel(s), changes which do not have a significant impact on the architectural character or overall quality of the development may be approved by the zoning administrator 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. IV (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(s), 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. (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 9-1006.13.2. 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 sign as specified in this article. 19 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 9-1006.6. F. 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 9-1004 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 9-1004. 3. The area of directional signs over four (4) square feet in size shall be calculated as specified in section 9-1007. G. 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 9-1006.13. H. 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. I. Window Signs. 1. A permanent window sign, individually or collectively, shall be limited to no more than twenty (20) square feet. 2. The area of window signs shall be deducted from the allowable wall sign area, as specified in subsection 9-1006.A. J. 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. 20 2. The sign surface area of a two-faced sign constructed in the form of a "V" shall be calculated by using the area of only one (1) side of such sign (the larger side if there is a size difference), so long as the angle of the "V" does not exceed thirty degrees (30*) and at no point does the distance between the backs of such sides exceed five (5) feet and the sign message, logo, text, or other display is the same on each side. B. The area of a canopy or awning sign shall be calculated as specified above and the area of such signs shall be deducted from the allowable facade sign area, as specified in 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 small 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 small 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 21 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. E. All temporary feather signs, signs, or banners shall be maintained in a state of good repair. Any feather signs, signs, or banners which are in a state of disrepair for a period of three (3) days or longer after notification to the owner by the County shall be taken down or repaired or are subject to immediate removal and disposal by an authorized county agent or official as a nuisance. For the purposes of this ordinance disrepair shall include but is not limited to: 1. Feather signs, signs or banners which have fallen and are not returned to their display position; 2. Feather signs, signs or banners which are ripped, torn, or broken; 3. Areas where landscaping surrounding feather signs, signs, or banners is not maintained. 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 replacement sign shall not increase the structures nonconformity in regard to, 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 22 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. (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; Z. 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 (6) 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 signs. The zoning administrator may order the removal of any sign erected or maintained in violation of this ordinance upon thirty (30) days written notice to the owner of such signs, or the owner of the building, structure or premises on which such sign is located, to remove the sign or to bring such sign into compliance. Upon failure to comply with this notice, the zoning administrator or his duly authorized representative may remove the sign at cost to the owner. The zoning administrator may remove a sign immediately and without notice if, in his opinion, the condition or location of the sign is such as to present an immediate threat to the safety of the public. 3 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. NEW BUSINESS Mr. Rudnicki represented a request to waive the public hearing requirement for the Brewer's Station amended zoning request which includes an amendment to relocate the proposed pump station to accommodate phasing of water and sewer improvements and an amendment to the cash proffers. It was the concurrence of the Board that a public hearing should be held and Supervisor Acree moved that the request for a waiver of the public hearing be denied. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Mr. Jennings presented the Stormwater Advisory Committee Bylaws for consideration by the Board. Supervisor McCarty moved that the Stormwater Advisory Bylaws be adopted. The motion was adopted by a vote of (S-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. 2-4 County Administrator Keaton briefed the Board on the history of a boundary line adjustment with the Town of Smithfield. He advised that he had contacted the Smithfield Town Manager to advise of the County's desire to sell water to the Town to offset the water the County is purchasing from the Town in Gatling Pointe. He advised that the Town's consultant has identified a location between the McDonald's and the Hardees on Church Street wherein a valve could be installed to isolate that part of the system and allow the County to sell water through its master meter. He advised such location would come close to offsetting what the County buys from the Town at Gatling Pointe and offers the potential for growth. He stated the boundary line adjustment does not affect the County from the perspective of lost tax revenue and the Town would be able to have a coordinated development there. He added that the water agreement stipulates that no sooner than three years and no later than five years the Town is to begin purchasing water from the County. He stated it will take three years for the County to get the infrastructure in place and the Town's permit is up for renewal in five years and their water plant will be paid for. County Attorney Popovich advised that the Town would like to proceed as quickly as possible and that he intends to place the matter for public hearing at the Board's April 2018 meeting. He further advised that he is currently drafting a water agreement for review by the Town's attorney. Supervisor Grice commented that the Town and County are developing a shared building inspection program. He stated a review is being undertaken of the number of permits being issued in the Town versus the revenues that are generated within the Town that would pay the County the difference. He commented that there is the need for better coordination between the County and the Town to ensure that building permits are obtained before a Certificate of Occupancy is issued. County Administrator Keaton advised the Board that the Carrollton Volunteer Fire Department has recently provided receipts for certain large expenditures incurred by that organization for repairs. He stated that the Chief of Emergency Services has requested that Department to provide the amount of funds needed to complete the remainder of this fiscal year and, following receipt of that information, the Board will be apprised of same. Supervisor Grice recommended and then moved that the Stormwater Advisory Committee be included in the Boards/Committees which are compensated for meeting attendance. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Supervisor McCarty distributed information pertaining to the Laurels Subdivision in the Newport District and requested County Administrator Keaton to review the history of the street system in that subdivision. Responsive to a conflict with Supervisor Acree's schedule, Supervisor McCarty moved that the April 5, 2018 budget work session be changed to April 4, 2018 at 6:00 p.m. and that the following budget calendar be adopted, which was adopted 25 by a unanimous vote (5-0): Wednesday, April 4th at 6:00 p.m.; Thursday, April 12"' at 6:00 p.m.; Tuesday, April 17th at 6:00 p.m.; Thursday, April 19th at 5:00 p.m.; Thursday, April 26th at 6:00 p.m.; Thursday, May 3 d at 6:00 p.m.; and, Thursday, May 10th at 6:00 p.m. ADJOURNMENT At 9:00 p.m., Chairman Jefferson declared the meeting adjourned. JIA- <tP'l-z; akL7q Careyit s Sto , Clerk 26 Rudolph Jefferson, Chairman