Isle Of Wight County Unincorporated
City Zoning Code

ARTICLE VI

Overlay Districts.

Sec. 6-1000.- Intent of overlay districts.

Special overlay zoning districts are designed to provide an additional layer of zoning regulations beyond those restrictions provided for in the base zoning district. Such regulations are intended to address a particular and unique aspect of land use and serve to supplement the base zoning standards. (7-7-05; 7-19-18.)

Sec. 6-1002. - Purpose.

The purpose for establishing these provisions is to protect the aesthetic and visual character of lands in Isle of Wight County adjacent to major existing and proposed highway corridors, as defined herein, and to provide for and promote their orderly development. The overlay district regulations are intended to supplement the regulations of the underlying zoning districts and to provide for compatibility of development along the identified corridors. All development proposed within this district shall be subject to the procedures, standards, and guidelines specified in the following sections, in addition to those standards pertaining to the particular base zoning district in which the development occurs. In particular, the purpose of the highway corridor overlay district is to:

Encourage and better articulate positive visual experiences along the county's major existing and proposed highway corridors;

Provide for the continued safe and efficient use of these highway corridors;

Maintain natural beauty and scenic, cultural, and historic character of these corridors, particularly distinctive views, vistas, and visual continuity;

Protect existing natural vegetation and wildlife habitats along these corridors;

Discourage indiscriminate clearing, excessive grading, and clear cutting along these corridors;

Minimize cut and fill operations by placing emphasis on the retention of natural topography of these corridors; and

Minimize intersections and individual site access points along these corridors.

The zoning administrator shall evaluate all proposed development activities within the highway corridor overlay district, which will include a review of the location, character and appearance of new development in the district. It is the purpose of such review to determine, in a cooperative fashion with the applicant, whether a proposed development plan meets the guidelines and other standards of this district. (7-7-05; 7-19-18.)

Sec. 6-1003. - Applicability.

The highway corridor overlay district shall include all lands within five-hundred (500) feet of each side of the following arterial rights-of-way, except within the Newport development service overlay (NDSO) district, which is regulated by section 6-2000.

United States Highway Route 58 Business, extending between the corporate boundary of the City of Suffolk and the City of Franklin;

United States Highway Route 258 (outside of the NDSO);

United States Highway Route 460;

Virginia Highway Route 10 Business and Route 10 Bypass (outside of the NDSO);

Virginia Highway Route 32 (outside of the NDSO); and

Virginia Highway Route 260.

The boundary of the highway corridor overlay district may either follow a fixed distance as set forth in item A. above or the defined boundaries of a natural or manmade feature as determined by the zoning administrator.

The boundary of the highway corridor overlay district shall be shown on the official Isle of Wight County zoning map and shall be delineated as a surveyed line on any property proposed for development. (Ord. No. 2012-8-C, 8-16-12; 7-19-18.)

Sec. 6-1004. - Affected development.

Review required. .....All proposed development activities located within the highway corridor overlay district shall be reviewed and approved by the zoning administrator, or if applicable, by the board of supervisors following a recommendation by the planning commission in accordance with the regulations contained herein and part 2 of article VII (development review). Any changes shall also receive such approval before proceeding.

Development activity permitted within the district. .....There shall be no expansion or enlargement of the existing condition of the lands, uses or structures, or change in use as defined in section 5-1003, change in use, within the highway corridor overlay district from the date of enactment of this article henceforth, except as provided for by this section or by other sections of this article.

Development activity prohibited within the district. .....These regulations are supplementary to the permitted uses and requirements for the appropriate underlying zoning district as contained in the Isle of Wight County Zoning Ordinance. Uses prohibited in the underlying zoning district are also prohibited in the highway corridor overlay district. (7-7-05; 8-20-09; Ord. No. 2012-8-C, 8-16-12, 3-20-14; 7-19-18.)

Sec. 6-1005. - Exemptions to the highway corridor overlay district requirements.

Single-family dwellings. .....The construction of detached single-family dwellings on individual lots or parcels within the highway corridor overlay district which are not located within a residential subdivision are exempt from this section. For the purpose of this section, a subdivision shall consist of a minimum of five (5) lots all platted at the same time. Also, construction of detached single-family dwellings on lots or parcels within a residential subdivision are exempt if the subdivision plat was legally recorded prior to adoption of this section.

Agricultural structures. .....The construction of bona fide agricultural structures required for on-premises farming operations involving the cultivation of crops or the raising and keeping of livestock and the preparation of land for cultivation of crops are exempt from this section.

Forestry operations. .....Timbering or silvicultural activities is permitted upon any lot, parcel, or tract of land located within the district except that clear-cutting in any district other than lands zoned RAC, shall not occur within at least fifty (50) feet from any of the arterial rights-of-way as designated in section 6-1003.

Nonconforming sites developed or platted prior to November 5, 1992. .....Exemptions, whether partial or total, from highway corridor overlay district site design provisions may be granted by the board of supervisions following a recommendation by the planning commission if it can be sufficiently demonstrated that such requirements will create an undue hardship upon an existing situation. In such cases, the board of supervisors may require the establishment of shared parking and access easements between adjacent nonconforming properties or other consistent provisions to accomplish the purpose and intent of the district.

A one-time exemption may be granted by the zoning administrator for the expansion of an existing developed property to enlarge the total square footage of the principle building by not more than twenty-five percent (25%) of the total floor area; however, in no case shall such an expansion exceed twenty-five hundred (2,500) square feet. Any subsequent future expansion of floor area will require compliance with the standards of this district.

A one-time exemption may be granted by the zoning administrator for a single accessory building of no greater than five hundred (500) square feet. Any subsequent future expansion of floor area will require compliance with the standards of this district. (7-7-05; 8-20-09; Ord. No. 2012-8-C, 8-16-12, 3-20-14; 7-19-18.)

Sec. 6-1006. - Minimum visual buffer along the corridor right-of-way.

A continuous minimum visual buffer of fifty (50) feet shall be provided between the right-of-way line of the subject arterial highway and all proposed structures, vehicular movement and parking areas. The purpose of the minimum visual buffer is:

To soften the appearance of structures, vehicular movements and parking areas from the road;

To screen vehicular headlight glare on- and off-site;

To lessen spillover light from on-site lighting;

To retain the naturally occurring buffer vegetation for its softening effect.

Except in the RAC zoning district, no existing vegetation of any type, size, or origin shall be altered or removed within the minimum visual buffer unless it satisfies the requirements of section 6-1007, permitted activity in the minimum visual buffer.

This buffer shall be enhanced or created to meet the requirements of the development frontage zone, as specified in article VIII, where existing vegetation does not meet the development frontage zone requirements of article VIII. (7-7-05; 8-20-09; Ord. No. 2012-8-C, 8-16-12; 7-19-18.)

Sec. 6-1007. - Permitted activity in the minimum visual buffer.

Within the minimum visual buffer there shall be no development, clearing, grading, or construction activity with the following exceptions:

Roadway or driveway access to the portion of the site not in the minimum visual buffer is permitted provided that it is approximately perpendicular to the arterial public right-of-way;

Water, sanitary sewer, storm drainage, electrical, telephone, natural cable, and utility service lines may be installed below the surface of the ground at right angles provided that the natural vegetation is preserved and protected to the greatest extent practicable, and frontage zone landscaping points requirements are met. Where such existing or proposed utility easements substantially reduce the area devoted to landscaping in the buffer below the frontage zone landscaping points requirements, an additional amount of landscaping beyond the fifty (50) feet may be required;

Sidewalks, or other pedestrian and bicycle paths designed to provide continuous connection along the road corridor may be permitted, provided that they can be constructed without materially reducing the screening and visual softening capacity of the required landscaping;

Signs are permitted in accordance with article IX;

Clearing for sight distances is permitted at the entrances and exits to any development as needed to provide for reasonable traffic safety, in accordance with accepted traffic engineering practices recommended or required by the Virginia Department of Transportation;

The trimming of existing limbs or branches of preserved trees is permitted, when approved by the zoning administrator.

The following cases anticipate those situations where the board of supervisors following a recommendation by the planning commission may determine that the minimum visual buffer requirements may be reduced or removed:

Views and vistas of existing buildings which heighten the visual experience serve as important points of spatial identification or contain value as important historical resources;

Views and vistas of existing natural landscape/topographical features of a particular area of the district which correspond to certain high points affording panoramic views, views involving settlement clusters, views of water, tidal and nontidal wetlands, tributary streams, and other elements of the physical landscape;

Views and vistas to existing recreational/open space areas, whether natural or man-made, which serve to contribute to the overall visual environment. Such uses include, but are not limited to, golf courses, state or local parks, equestrian centers, and cemeteries, etc.;

Views and vistas which give the observer an awareness of a location's inherent character related to views of farmland, pastures, and water activities, such as docks or other maritime activities.

Where a proposed development intends to further enhance or protect the existing visual environment, the board of supervisors may exempt, wholly or partially, the proposed development from the required minimum visual buffer. Examples include the following:

A proposed development which by virtue of the characteristics of its structures indicates innovation of design, a unique relationship with the site, represents a focal point and establishes a particular identifying element for the county;

A proposed development which exhibits innovative or unique uses of site landscaping, or which combines in the use of the site, open recreational areas such as described above. (7-7-05; 8-20-09; Ord. No. 2012-8-C, 8-16-12, 3-20-14; 7-19-18.)

Sec. 6-1008. - Yard and height requirements.

Yard requirements.

The following yard requirements shall apply to any lot or parcel located along the arterial rights-of-way, as designated in section 6-1003;

Front yard setback: .....Fifty (50) feet.

Side yard setback: .....Ten (10) feet.

Rear yard setback: .....Ten (10) feet.

All lots not located along arterial rights-of-way shall follow the yard requirements of the underlying zoning district; however, no structures, vehicular movements or parking areas, other than to provide perpendicular access to the site, shall be permitted in the setback.

All corner lots along arterial rights-of-way with a corner side yard along a street other than an arterial right-of-way shall meet the front setback requirement of the underlying zoning district along the corner side not fronting the arterial. No structures, vehicular movements or parking areas, other than to provide perpendicular access to the site, shall be permitted in the setback.

Height requirements. .....The maximum height of all structures shall be as permitted by the underlying zoning district(s) and subsection 5-2000.C, building height limitations. (7-7-05; Ord. No. 2012-8-C, 8-16-12; 7-19-18.)

Sec. 6-1009. - Access and internal circulation.

The purpose and intent of this section is to maximize the functional capacity and maintain the level of service of highways within the Highway Corridor Overlay District; to minimize the number of access points to these arterials and other public rights-of-way within the district; to promote the sharing of access and the ability to travel between sites; to provide pedestrian circulation networks among residential, commercial, office, civic and recreational areas; and to enhance safety and convenience for land uses within the district.

Access to arterial highways. .....Access from any parcel or lot having frontage along an arterial highway within the district and in existence prior to November 5, 1992, shall be permitted one (1) direct access point to said highway, unless an access plan is submitted and approved by the zoning administrator and the Virginia Department of Transportation for more than one (1) access point as provided for in subsection D. of this section.

Access for two (2) or more lots under singular ownership. .....If two (2) or more adjacent parcels are placed under one (1) common ownership and/or control, such assembly shall be permitted only one (1) direct access to the arterial highway within the district, unless an access plan is submitted to, and approved by the zoning administrator and the Virginia Department of Transportation for more than one (1) access point.

Access from lots or parcels not permitted direct access. .....Direct access to arterial highways shall be provided by one (1) or more of the following means for lots or parcels not permitted direct access to the arterial, subject to approval by the zoning administrator and the Virginia Department of Transportation:

Access to the site may be provided by an existing or planned public road perpendicular to the arterial highway; and/or

Access to the site may be provided via the internal circulation of a shopping center, an office complex, or similar group of buildings having access in accordance with an approved access plan; and no additional direct access shall be provided to the site from a public street intended to carry through traffic over and above those entrances which may exist to provide access to the shopping center, office complex, or similar group of buildings; and/or

Controlled access to the site may be provided by a service drive generally parallel with the arterial highway, but located behind the minimum visual buffer as defined in section 6-1006;

Access to the site may be provided by the use of reverse frontage or double frontage lot layouts on parallel roads. All minimum buffers shall be maintained as required by section 6-1006;

Access to the site may be provided by the use of shared entrances with those established or likely to be required on adjacent sites to minimize curb-cuts or increase spacing between curb-cuts;

Access to the site may be provided by the use of deceleration or turning lanes where access must be from the arterial highway with sufficient capacity to avoid stacking or queuing of entering vehicles on the arterial highway, in accordance with Virginia Department of Transportation standards.

The means of access control provided shall be that which effectively minimizes creation of new intersections and new individual site access locations along the corridors and best preserves highway traffic capacity.

Access plan. .....An access plan shall be submitted and approved prior to development plan approval for those lots or parcels which will generate two hundred (200) average daily trips (ADT) or more, or those proposing more than one (1) access point to an arterial highway as governed by the provisions of this section. Such access plan shall be drawn to scale, including dimensions and distances, and clearly delineate the traffic circulation system and the pedestrian and bicycle circulation system as coordinated within the development and adjacent properties including the location and width of all streets, driveways, parking aisles, entrance to parking areas, walkways and bicycle paths. The location of future transit stops shall also be shown within the access plan.

Traffic impact analysis. .....A traffic impact analysis shall be submitted to, and approved by the zoning administrator under the following circumstances:

Any proposed development which will generate two hundred (200) average daily trips (ADT) or more based on vehicular trip generation rates as defined by the Institute of Transportation Engineers' publication, Trip Generation, or the Virginia Department of Transportation.

At the request of the zoning administrator, when the proposed development is expected to significantly impact the vehicular movement on the arterial highways within the district.

The traffic impact analysis shall indicate the cumulative effect of the relationship of the proposed development to traffic and road use in the immediate and surrounding area for the arterial roads and all secondary roads between the arterial roads that serve to provide access to the development.

Internal circulation. .....Sites shall be designed to achieve direct and convenient vehicular, pedestrian, and bicycle connections vehicular circulation between adjacent properties and buildings in a single development project. (7-7-05; 8-20-09; Ord. No. 2012-8-C, 8-16-12; 7-19-18.)

Sec. 6-1010. - Architectural and development guidelines for all nonresidential uses.

The compatible relationship of architecture along highways within the highway corridor overlay district is of critical public concern for any structures or site improvements. The purpose and intent of these architectural guidelines and development standards is not to stifle innovative architecture or development, but to assure respect for and to reduce incompatible and adverse impacts on the visual experience from the highway.

Architectural guidelines. .....The architectural design of structures and their materials and colors shall be visually harmonious with the overall appearance, history, and cultural heritage of Isle of Wight County, with natural landforms and existing vegetation. Specific consideration shall be given to compatibility with adjacent properties where such projects demonstrate the county's character. Design and architectural features will demonstrate consistency with the following provisions:

A shopping center, office complex or similar group of buildings shall be arranged in such a manner to minimize the impact of vehicle parking areas along the arterial with buildings fronting the arterial, and parking being located towards the center of the development away from the arterial. No greater than twenty-five percent (25%) of the required parking shall be located in front of the primary structure. However, when more than twenty-five percent (25%) of the required parking is to be located in front of the primary structure; a decorative fence no less than three (3) feet in height hall be constructed between the parking and the public right-of-way. This fence shall not count towards the required landscaping points for any specified landscaping zone.

Stucco, natural wood siding, brick, stone, decorative block, cementitous siding or other materials with similar texture and appearance are considered appropriate to county character and shall be provided on all exterior elevations. Alternative materials that provide an equivalent appearance and durability of the above may be approved by the zoning administrator. Vinyl siding, flat or corrugated metal and concrete block shall not be used for exterior siding material on any building, except that vinyl siding may be used as trim material. The exterior covering material shall extend to the ground, except that when a solid brick or masonry perimeter foundation is used, exterior covering material need not extend below the top of the foundation.

Avoidance of long monotonous facade designs including, but not limited to, those characterized by unrelieved repetition of shape or form or by unbroken extension of line shall be avoided by incorporating the following:

Facades fronting a street under two hundred (200) horizontal feet in length shall incorporate vertical elements and materials changes in the architectural design which break the visual monotony of the continuous façade.

Facades fronting a street in excess of two hundred (200) horizontal feet in length shall incorporate item a. above as well as recesses and projections in the architectural design which break the visual monotony of the continuous façade.

No building facade will consist of architectural materials inferior in quality, appearance, or detail to any other facade of the same building. The intent of this requirement is not to preclude the use of different materials on different buildings' facades (which would be acceptable if representative of good architectural design), but rather to preclude the use of inferior materials on sides which face adjoining property and thus, might adversely impact existing or future development causing a substantial depreciation of property values. This requirement shall not apply to a building façade which is not visible from the public right-of-way as approved by the zoning administrator.

Not less than sixteen percent (16%) of the total area of any facade visible from a public way (excluding work areas) shall consist of windows and doors.

Large work area doors or open bays shall not open toward or face the highway.

Heating, ventilating, and air conditioning equipment, duct work, air compressors and other fixed operating machinery shall be either screened from view or located so that such items are not visible from the highway. Utility meters, aboveground tanks, satellite dishes, antennas, etc., shall be similarly treated.

The exterior of the foundation walls shall be of brick or masonry construction, except when the exterior wall material extends to the ground in accordance with subsection 6-1010.A.2.

Colors of paints and stains shall be nature-blending with generally no more than three (3) colors per building. Semitransparent stains are recommended for application on natural wood finishes.

10.

Entryways and landings visible from public areas should be covered by a roof that is an integrated and compatible component to the roof and architectural treatment of the main structure.

11.

Fencing along the highway right-of-way is discouraged, but if used, such fencing shall be landscaped to minimize visibility from the highway or be of a style which is harmonious with the rural, agricultural and historical character of the county. Chain link fences shall be prohibited.

Development standards. .....Proposed development within the district should provide for visual compatibility and harmony with surrounding natural landforms and vegetation; be protective of views and vistas from the arterial highways within the district; and provide continuity of site design within the proposed development. These objectives include the following standards:

Earth moving, fill, grading, clearing of property, and the removal of trees and vegetation shall be the minimum necessary to provide for the use. In particular, activities that could cause disruption of natural watercourses or disfiguration of natural landforms are prohibited.

Proposed development shall be located and configured in a visually harmonious manner with the terrain and vegetation of the parcel and surrounding parcels. Structures shall not impede scenic views from the main highway or from existing structures and the natural environment.

Structures shall not dominate, by excessive or inappropriate height or mass, any general development, adjacent building, or natural landscape in an incompatible manner.

Architectural lighting shall be recessed under roof overhangs or generated from concealed source, low-level light fixtures.

Lighting shall be installed in accordance with article XI (outdoor lighting requirements and restrictions) and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic.

Vehicular movement and parking areas requiring five (5) spaces or more shall be paved with concrete, asphalt, or other similar material. Vehicular movement and parking areas requiring less than five (5) spaces may be surfaced with gravel or other similar material but must be served by paved entrances meeting Virginia Department of Transportation standards. Concrete curb and gutter or other stormwater management structure as approved by the zoning administrator shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed so as not to interfere with pedestrian traffic.

Outdoor storage and display areas shall be as permitted by the underlying zoning district in the side and rear yards only, provided that all outdoor storage and display areas shall be visually screened from public rights-of-way, internal roadways, and adjacent property using the screening zone standards found in article VIII.

Loading areas shall be permitted only in the side or rear yards and shall be visually screened from public rights-of-way, and adjacent property using the screening zone standards found in article VIII.

Large trash receptacles, dumpsters and recycling bins, must be completely screened from view of the street and any adjoining lot using the screening zone standards found in article VIII.

10.

Screening, when required, shall be installed in accordance with the screening zone standards of article VIII and shall be depicted on the landscaping plan.

11.

Site development should include streetscape improvements. These improvements are considered as those architectural or functional facilities or structures that occur on-site but are not part of the building and that encourage and facilitate human interaction with the built environment. Examples include, but are not limited to, the following: decorative light fixtures, fountains, sculptures, benches and tables, planters, retaining walls, pedestrian and bicycle paths, bicycle parking structures, trash receptacles and enclosures, vendor areas, and fences. The following streetscape improvements are required:

A customized entrance at the entry street intersecting the arterial or collector which features a waterfall, sculpture, monument, signage, ornamental landscaping, specialty pavement, enhanced fence wall details, or boulevard median.

Sidewalks, or other pedestrian and bicycle paths, including picnic and rest areas, as appropriate.

These improvements shall be designed to be consistent with all requirements listed above, and shall be reviewed for aesthetic functionality and compatibility with county character.

12.

To the greatest extent possible, stormwater management structures and facilities shall be placed outside of the landscaping zones identified in article VIII. When placement of stormwater management structures and facilities in a landscaping zone is demonstrated as unavoidable by the applicant, and approved by the zoning administrator and is not prohibited elsewhere in this ordinance, such structure or facility shall be landscaped in a naturalized pattern utilizing native species and the landscaping points required for the area encompassed by the stormwater management structure or facility shall be disbursed throughout the remaining area of the landscaping zone.

13.

Crime prevention through environmental design (CPTED) principles should be incorporated into site design to maximize public safety through effective design of buildings, parking lots and public spaces. Principles include territoriality, surveillance, and access control. (7-7-05; 8-20-09; Ord. No. 2012-8-C, 8-16-12, 3-20-14; 7-19-18.)

Sec. 6-1011. - Reserved.

On Nov. 5, 2009, the section pertaining to sign regulations in highway corridor overlay (HCO) district was deleted. Formerly that section was designated as 6-1011; however, on Aug. 20, 2009, this ordinance was amended to delete section 6-1003 causing the renumbering of the remaining sections.

Sec. 6-1012. - Reserved.

On July 21, 2009, the section pertaining to tree protection was deleted.

Sec. 6-1013. - Reserved.

On July 21, 2010, the section pertaining to landscaping requirements was deleted.

Sec. 6-1014. - Development plan review.

Applicability. .....All development proposed in the Highway Corridor Overlay District and other applicable projects shall submit a development plan to the zoning administrator for review in accordance with section 7-2000 [part 2 of article VII] (development review). (7-7-05; 8-20-09; Ord. No. 2012-8-C, 8-16-12; 7-19-18.)

Sec. 6-1015. - Exceptions.

A request for an exception to the requirements of the highway corridor overlay district 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 [part 2 of article VII] (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.

The board of supervisors in formulating a decision shall consider the following:

Such exception shall be no less beneficial to the residents or occupants of the development, as well as neighboring property, that would be obtained under the applicable regulation;

That the exception is reasonable because of the high level of design and construction that will be incorporated in the development;

That the exception will result in design and construction that is in accordance with accepted engineering and building standards.

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. Costs shall not be allowed against the board of supervisors, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed therefrom. (7-7-05; 8-20-09; Ord. No. 2012-8-C, 8-16-12, 3-20-14; 7-19-18.)

Sec. 6-2001. - Purpose.

The purpose for establishing these provisions is to create a clear and consistent set of uniform design standards that would apply to all properties throughout the Newport development service overlay district. The design standards outlined in this section are intended to facilitate the creation of a convenient, attractive, and harmonious community as stated in Section 15.2-2283 of the Code of Virginia. Furthermore, these design standards are established to preserve historical sites and architectural areas within the district and those lands that are contiguous to arterial streets that are significant routes of tourist access to designated historic landmarks, buildings, structures or districts (Section 152-2306 of the Code of Virginia). As the county is one (1) of the original eight (8) shires, and with the presence of the historical St. Luke's Church within the NDSO, and the historic Town of Smithfield as its neighbor, these design standards are established to preserve the historic character, architectural forms, patterns and significance of these areas.

These regulations are intended to supplement regulations in the underlying zoning districts and to provide for orderly and coherent development within the entire Newport development service overlay district. All development proposed within this district shall be subject to the procedures, standards, and guidelines specified in the following sections, in addition to those standards pertaining to the particular base zoning district in which the development occurs. In particular, the purpose of the Newport development service overlay district is to:

Encourage building designs that promote the historic nature and value of the district and county;

Encourage contiguous, mature and healthy landscaping in site design, parking lots and along major corridors within the district;

Encourage site design techniques that maximize public safety and promote the character of the district through the effective design of buildings, parking lots and public spaces;

Provide for the continued safe and efficient use of roadways;

Maintain natural beauty and scenic, cultural, and historic character of the district, particularly distinctive views, vistas, and visual continuity;

Promote traffic calming devices that provide safe on-site circulation of vehicular, pedestrian or bike traffic;

Promote flexible design criteria to ensure the reuse of nonconforming property;

Encourage sign design standards that are functional and efficient, decrease visual clutter, and are compatible with building designs within the district;

Encourage the interconnectivity of commercial, office, civic and residential uses through the use of roadways, pedestrian walkways, and bicycle paths;

10.

Encourage the preservation of open space for active and passive recreation;

11.

Encourage public access to waterways through the use of greenway/pedestrian walkways;

12.

Promote best management practice (BMP) facilities and low impact development design standards (LIDDS) that enhance the site design and promote health and safety;

13.

Encourage the use of clustering in residential development to preserve open space, trees and greenways, and reduce the overall impact of new development on the habitat;

14.

Encourage the use of traditional neighborhood development (TND) design concepts to minimize impact on public services, maximize the use of public infrastructure, and allow a mix of residential uses with compatible commercial and civic uses that offer employment opportunities as well as provide services to the neighboring residential community; and

15.

Encourage the use of appropriate lighting standards to promote safety and protect against light intrusion and glare. (7-7-05; 7-19-18.)

Sec. 6-2002. - Boundary.

The boundaries of the Newport development service overlay district shall be determined by the boundaries depicted on the Newport development service overlay district land use plan map as shown in the comprehensive plan, may be amended by the board of supervisors. The current boundary shall be shown on the official zoning map. (7-7-05; 7-19-18.)

Sec. 6-2003. - Affected development.

Review required. .....All proposed development activities located within the Newport development service overlay district shall be reviewed and approved by the zoning administrator and, if applicable the board of supervisors following a recommendation by the planning commission, in accordance with the regulations contained herein and part 2 of article VII [section 7-2000 et seq.] (development review). Any changes made to the plan, after initial approval by the zoning administrator must receive additional approval by the zoning administrator.

Development activity permitted within the district. .....There shall be no expansion or enlargement of the existing condition of the lands, uses or structures, or change in use as defined in section 5-1003, change in use within the Newport development service overlay district from the date of enactment of this section henceforth, except as provided for by this section or by other sections of this ordinance.

Development activity prohibited within the district. .....These regulations are supplementary to the permitted uses and requirements for the appropriate underlying zoning districts. Uses prohibited in the underlying zoning districts are also prohibited in the Newport development service overlay district (7-7-05; 8-20-09, 3-20-14; 7-19-18.)

Sec. 6-2004. - Exemptions to the Newport development service overlay district requirements.

Single-family dwellings. .....The construction of detached single-family dwellings on individual lots or parcels within the Newport development service overlay district which are not located within a residential subdivision are exempt from this section. For purpose of this section, a residential subdivision shall consist of a minimum of five (5) lots all platted at the same time. Construction of detached single-family dwellings on lots or parcels within a residential subdivision are exempt if the subdivision plat was legally recorded prior to adoption of this section.

Forestry operations. .....Timbering or silvicultural activities is permitted upon any lot, parcel, or tract of land located within the district except that clear-cutting in any district, other than lands zoned RAC, shall not occur within at least fifty (50) feet from any of the arterial rights-of-way:

United States Highway Route 17;

United States Highway Route 10;

United States Highway Route 32 and 258.

Nonconforming sites developed or platted prior to November 5, 1992. .....Exemptions, whether partial or total, from Newport development service overlay district site design provisions may be granted by the board of supervisors following a recommendation by the planning commission in accordance with section 7-2000 et seq. [part 2 of article VII] (development review) if it can be sufficiently demonstrated that such requirements will create an undue hardship upon an existing situation. In such cases, the board of supervisors may require the establishment of shared parking and access easements between adjacent nonconforming properties or other consistent provisions to accomplish the purpose and intent of the district.

A one-time exemption may be granted by the zoning administrator for a single accessory building of no greater than five hundred (500) square feet. Any subsequent future expansion of floor area will require compliance with the standards of this district (7-7-05; 8-20-09; Ord. No. 2012-8-C, 8-16-12, 3-20-14; 7-19-18.)

Sec. 6-2005. - Minimum visual buffer along the rights-of-way of arterial highways within the district.

A continuous minimum visual buffer of fifty (50) feet shall be provided between the right-of-way line of the subject arterial highway and all proposed structures, vehicular movements and parking areas. For purposes of this section, arterial highways within the district shall be:

United States Highway Route 17;

United States Highway Route 10;

Unites States Highway Routes 32 and 258.

The purpose of the minimum visual buffer is:

To soften the appearance of structures, vehicular movements and parking areas from the road;

To screen vehicular headlight glare on- and off-site;

To lessen spillover light from on-site lighting;

To retain the naturally occurring buffer vegetation intact for its softening effect.

Except in the RAC zoning district, no existing vegetation of any type, size, or origin shall be altered or removed within the minimum visual buffer unless it satisfies the requirements of section 6-2006, permitted activity in the minimum visual buffer.

This buffer shall be enhanced or created, where such vegetation does not sufficiently satisfy the standards set forth in article VIII for the development frontage zone. (7-7-05; Ord. No. 2012-8-C, 8-16-12; 7-19-18.)

Sec. 6-2006. - Permitted activity in the minimum visual buffer.

Within the minimum visual buffer there shall be no development, clearing, grading, or construction activity with the following exceptions:

Roadway or driveway access to the portion of the site not in the minimum visual buffer is permitted provided that it is approximately perpendicular to the arterial public right-of-way;

Water, sanitary sewer, storm drainage, electrical, telephone, natural cable, and utility service lines may be installed below the surface of the ground at right angles, provided that the natural vegetation is preserved and protected to the greatest extent practicable, and frontage zone landscaping points requirements are met;

Sidewalks, pedestrian pathways and bicycle paths designed to provide continuous connection along the road corridor may be permitted, provided that they can be constructed without materially reducing the screening and visual softening capacity of the required landscaping;

Signs are permitted in accordance with article IX;

The trimming of existing limbs or branches of preserved trees is permitted when approved by the zoning administrator;

When, in the opinion of the zoning administrator, the addition of plantings and earthen berms or masonry walls would better achieve the purposes of this district in lieu of the landscaping requirements of the frontage zone.

Views and vistas of existing buildings which heighten the visual experience, serve as important points of spatial identification or contain value as important historical resources;

Views and vistas of existing natural landscape/topographical features of a particular area of the district which correspond to certain high points affording panoramic views, views involving existing patterns of development, views of water, tidal and nontidal wetlands, tributary streams, and other elements of the physical landscape;

Views and vistas to existing recreational/open space areas, whether natural or manmade, which serve to contribute to the overall visual environment. Such uses include, but are not limited to, golf courses, state or local parks, equestrian centers, cemeteries;

Views and vistas which give the observer an awareness of a location's inherent character related to views of farmland, pastures, and water activities, such as docks or other maritime activities.

A proposed development, which by virtue of the characteristics of its structures indicates innovation of design, a unique relationship with the site, represents a focal point and establishes a particular identifying element for the county;

Sec. 6-2007. - Yard and height requirements.

Yard requirements.

All parcels in the Newport development service overlay district along arterial highways, as designated in section 6-2005, within the district, shall comply with the following setbacks:

Front yard setback: .....Fifty (50) feet.

Side yard setback: .....Ten (10) feet.

Rear yard setback: .....Ten (10) feet.

All lots not located along arterial highways, as designated in section 6-2005, shall follow the yard requirements as designated by the underlying zoning district; however, no structures, vehicular movements or parking areas other than to provide perpendicular access to the site, shall be permitted in the setback.

Height requirements. .....The maximum height of all structures shall be as permitted by the underlying zoning district(s). (7-7-05; 2-13-07; Ord. No. 2012-8-C, 8-16-12; 7-19-18.)

Sec. 6-2008. - Access and internal circulation.

The purpose and intent of this section is to maximize the functional capacity and maintain the level of service of highways within the Newport Development Service Overlay District; to minimize the number of access points to arterials and other public rights-of-way within the district; to promote the sharing of access and the ability to travel between sites; to provide vehicular, pedestrian and bicycle circulation networks among residential, commercial, office, civic, and recreational areas; and, to enhance safety and convenience for land uses within the district.

Access to the site may be provided by an existing or planned public road perpendicular to the arterial highway; and/or

Controlled access to the site may be provided by a service drive generally parallel with the arterial highway, but located behind the minimum visual bufferyard as defined in section 6-2005, minimum visual buffer along the rights-of-way of arterial highways within the district;

Access to the site may be provided by the use of reverse frontage or double frontage lot layouts on parallel streets. All minimum visual buffers shall be maintained as required by section 6-2005, minimum visual buffer along the rights-of-way of arterial highways within the district;

Access to the site may be provided by the use of shared entrances with those established or likely to be required on adjacent sites to minimize curb-cuts or increase spacing between curb-cuts;

The means of access control provided shall be that which effectively minimizes creation of new intersections and new individual site access locations along the corridors within the Newport development service overlay district and best preserves highway traffic capacity.

Traffic impact analysis. .....A traffic impact analysis shall be submitted to, and approved by the zoning administrator under the following circumstances:

At the request of the zoning administrator, when the proposed development is expected to significantly impact the vehicular movement on streets within the district.

The traffic impact analysis indicating the cumulative effect of the proposed development to traffic and road use in the immediate surrounding area for the arterial roads and all secondary roads between the arterial roads that would serve to provide access to the development. The traffic impact analysis shall include the cumulative effect.

Internal circulation. .....Sites shall be designed to achieve direct and convenient vehicular, pedestrian and bicycle connections in a single development project.

Future transit stops. .....Area for future transit stop(s) shall be reserved, particularly near large employers. Instances where such transit stops may be appropriate is mixed use development, office parks, multifamily development, and shopping centers.

Access plan. .....An access plan shall be submitted and approved prior to development plan approval for those lots or parcels which will generate two hundred (200) average daily trips (ADT) or more, or those proposing more than one (1) access point to an arterial highway as governed by the provisions of this section. Such access plan shall be drawn to scale, including dimensions and distances, and clearly delineate the traffic circulation system and the pedestrian and bicycle circulation system as coordinated with adjacent properties including the location and width of all streets, driveways, parking aisles, and entrances to parking areas, walkways and bicycle paths. This plan shall also show the internal circulation of vehicles, bicycles and pedestrian pathways within the development. The location of future transit stops shall also be shown within the access plan. (7-7-05; 7-19-18.)

Sec. 6-2009. - Development standards.

Proposed development within the district shall provide for visual compatibility and harmony with surrounding natural land forms and vegetation; be protective of views and vistas from arterial highways within the district; and provide continuity of site design within the proposed development. These objectives include the following standards:

Proposed development shall be located and configured in a visually harmonious manner with the terrain and vegetation of the parcel and surrounding parcels. Structures shall not impede scenic views from the highway or from existing structures and the natural environment.

Structures shall not dominate, by excessive or inappropriate height or mass, any general development, adjacent building, or natural landscape in an incompatible manner.

Lighting shall be installed in accordance with article XI and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic.

All vehicular movement and parking areas shall be paved with concrete, asphalt, or other similar material.

Parking shall be designed in accordance with one (1) of the following options:

When all of the parking is located to the side or rear of the primary structure, the front setback along roads not specified in section 6-1003 may be reduced to not less than twenty-five (25) feet subject to review and approval by the zoning administrator after consideration of necessary utilities, landscaping and pedestrian corridors.

When more than twenty-five percent (25%) of the required parking is to be located in front of the primary structure; a decorative fence no less than three (3) feet in height shall be constructed between the parking and the public right-of-way. This fence shall not count towards the required landscaping points for any specified landscaping zone.

Concrete curb and gutter or other stormwater management structures as approved by the zoning administrator shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed so as not to interfere with pedestrian and bicycle traffic.

To the greatest extent possible; stormwater management structures and facilities shall be placed outside of the landscaping zones identified in article VIII. When placement of stormwater management structures and facilities in a landscaping zone is demonstrated as unavoidable by the applicant, and approved by the zoning administrator and is not prohibited elsewhere in this ordinance, such structure or facility shall be landscaped in a naturalized pattern utilizing native species and the landscaping points required for the area encompassed by the stormwater management structure or facility shall be disbursed throughout the remaining area of the landscaping zone.

Community and public spaces.

Each nonresidential establishment subject to these standards shall contribute to the establishment or enhancement of community and public spaces by providing at least two (2) of the following within the development:

Patio/seating area;

Pedestrian plaza with benches;

Open pace (this is not calculated in open space ratio required for the lot);

Kiosk/public message board area;

Water feature;

Sculpture or public art; or

Other such amenities, as may be determined by the zoning administrator, that creates such community and public spaces.

Any such areas shall have direct access to the public sidewalk network and such features shall not be constructed of materials that are inferior to the principal buildings and site design.

Connecting uses.

Pedestrian pathways and bicycle pathways shall be provided connecting buildings within a development including outparcels and to adjacent developments and neighborhoods.

Integrated and consistent site design shall be provided between outparcel buildings and main buildings within a development including landscape amenities and architectural design.

Site development shall include streetscape improvements. These improvements are considered as those architectural or functional facilities or structures that occur on-site but are not part of the building and that encourage and facilitate human interaction with the built environment.

Examples include, but are not limited to, the following: decorative light fixtures, fountains, sculptures, benches and tables, planters, retaining walls, pedestrian and bicycle paths, bicycle parking structures, trash receptacles and enclosures, a designated vending machine area, and fencing. The following streetscape improvements are required:

A customized entrance at the entry street intersecting the arterial or collector which features a waterfall, sculpture, monument, special landscaping, specialty pavement, enhanced fence wall details, or boulevard median.

These improvements shall be designed to be consistent with all requirements listed above, and shall be reviewed for function and compatibility with district character.

Sidewalks.

Sidewalks, no less than eight (8) feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Sidewalks shall provide weather protection features such as awnings or arcades within ten (10) feet of all customer entrances, parallel to the building and at least six (6) feet deep over the sidewalk.

Pedestrian and bike pathways.

The purpose of this system is to provide for non-vehicular traffic along major corridors and between major destinations, with emphasis on connecting residential areas to schools, recreation areas, and activity centers.

Pedestrian and bike pathways shall include the following:

Provide connections for, within, and between developments for pedestrian and bike traffic.

Provide facilities to store or lock bicycles at appropriate sties. Including, but not limited to, schools, recreation areas, office parks, public institutions, and activity center focuses.

Develop the proposed bike pathway system in a manner that links to existing and proposed neighborhoods, park lands, conservation areas, scenic landscapes and historic/cultural sites in accordance with the goals and objectives of the comprehensive plan.

Pedestrian walkways for shopping centers and retail establishments with a square footage greater than twenty-five thousand (25,000).

Continuous internal pedestrian walkways, no less than eight (8) feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, beds, ground covers, or other such materials for no less than fifty percent (50%) of its length.

Crosswalks at busy intersections, between major pedestrian destinations, between shopping centers and their parking, shall employ techniques to signal a pedestrian zone both to the motor vehicle and the pedestrian. These techniques include:

Crosswalks that are slightly raised;

The use of durable, low maintenance surface materials such as pavers, brick, or scored concrete to enhance pedestrian safety and comfort that are distinguishable from driving surfaces; and

Bulb-out corners that reduce the length of the crosswalk for the pedestrian.

Screening.

Mechanical equipment, including, but not limited to, heating, ventilating, and air conditioning equipment, duct work, air compressors, utility meters, aboveground tanks, satellite dishes, antennas, whether ground-level or rooftop, shall be shielded and screened from view of adjacent properties and public rights-of-way and designed to be perceived as an integral part of the building. Screening can most often be accomplished through increased parapet height or mansard roof parapet design.

Ground-level equipment immediately adjacent to the building should be screened with walls matching the building.

Areas for delivery area doors, open bays or truck parking shall not be visible from abutting streets.

Outdoor storage shall be a permitted by the underlying zoning district in the side and rear yards only, provided that all outdoor storage areas shall be visually screened from public rights-of-way, internal roadway, and adjacent property. Outdoor storage shall include the parking of all commercial vehicles.

No areas for outdoor storage, trash collection or compaction, shall be located within twenty (20) feet of any public street, public sidewalk, or internal pedestrian way. They shall be screened from adjacent properties and public rights-of-way by a masonry wall designed to be compatible with the principal building that it serves. If the waste storage area is more than one hundred (100) feet away from the property line, it may be screened by a masonry wall, dense evergreen planting or architectural feature.

Loading areas shall be completely screened from view with berms, buildings, and/or durable architectural walls to match the building in which it serves. Loading areas shall be permitted only in the side and rear yards and shall be visually screened from public rights-of-way, and adjacent property, except that suitable provisions for access to loading areas may be allowed.

[Signs.] Signs are permitted in accordance with article IX. (7-7-05; 2-13-07, 3-20-14; 12-18-14; 7-19-18; 7-18-19; 1-21-21.)

Sec. 6-2010. - Architectural guidelines for all nonresidential uses.

The compatible relationship of architecture along highways within the Newport development service overlay district is of critical public concern for any structure or site improvement. The purpose and intent of these architectural guidelines are not to stifle innovative architecture or development, but to assure respect for and to reduce incompatible and adverse impacts on the visual experience from the highway.

Architectural guidelines.

Building facade and exterior walls:

Facades under two hundred (200) horizontal feet in length shall incorporate vertical elements and materials changes in the architectural design which break the visual monotony of the continuous façade.

Facades in excess of two hundred (200) horizontal feet in length shall incorporate item a. above as well as recesses and projections in the architectural design which break the visual monotony of the continuous façade.

Facades in excess of one hundred (100) horizontal feet, that face public streets and vehicle moving areas, excluding loading areas, shall have architectural features such as arcades, entry areas, awnings, and arches or similar enhancements of no less than fifty percent (50%) of their horizontal length of the facade.

Windows. .....The following provision is applicable to all buildings that have facades less than one hundred (100) horizontal feet:

Facades that face vehicle moving areas, excluding loading areas, shall contain windows between the height of three (3) feet and eight (8) feet for no less than fifty percent (50%) of the horizontal length of the building facade facing the public vehicle moving area. Windows shall be recessed and should include visually prominent sills, shutters, or other such forms of framing.

Building materials.

The exterior of buildings, to include accessory buildings, shall be built utilizing one (1) or more the following:

Brick;

ii.

Decorative block;

iii.

Stone;

iv.

Stucco;

Natural wood siding;

vi.

Cementious siding.

Alternative materials that provide an equivalent appearance and durability of the above may be approved by the zoning administrator.

The use of either concrete block, flat or corrugated metal or vinyl siding walls is prohibited for new development or expansions of existing development within the Newport development service overlay district.

Vinyl siding may be utilized as trim accents on the exterior of buildings.

These requirements shall not apply to a building façade which is not visible from the public right-of-way as approved by the zoning administrator.

Building materials and colors. .....The use of attractive and compatible architectural materials help promote the character of the district. Buildings that generally favor colonial/historic styles are herein emphasized.

Architectural treatment of all buildings, including materials, color and style, shall be compatible with buildings located within the same project or within the same block or directly across the street that are also consistent with these regulations. Compatibility may be achieved through the use of similar building materials, scale, colors or other architectural features.

Architectural elements and treatments shall be used to create transitions between different uses and intensities. When transitions cannot be achieved architecturally, landscape and/or open space transitions shall be used to reduce impacts between different uses.

No building exterior (whether front, side, or rear) shall consist of architectural materials inferior in quality, appearance or detail to any other exterior of the same building.

Facade colors shall be nonreflective, subtle, neutral or earth tones. The use of high intensity colors, metallic colors, black or fluorescent colors are prohibited.

Building entryway design elements. .....Entryway design elements to retail establishments, shopping centers, commercial, office and civic uses should give orientation character to the building. The standards identify desirable entryway design features.

Each principal building on a site, and anchor store(s) within a shopping center, shall have clearly defined customer entrances, featuring no less than three (3) of the following:

Canopies or porticos;

ii.

Overhangs;

iii.

Recesses/projections;

iv.

Arcades;

Raised corniced parapets over the door;

vi.

Peaked roof forms;

vii.

Arches;

viii.

Outdoor patios;

ix.

Architectural details such as tile work and molding which are integrated into the building structure and design; or

Integral planters or wing walls that incorporate landscaped areas and places for sitting.

Roofs. .....Roof options in the Newport development service overlay district are:

Flat roofs with parapets;

Pitched roof with overhanging eaves.

Fencing.

Fencing along the highway right-of-way is discouraged, but if used, such fencing shall be landscaped to minimize visibility from the highway and may be comprised of any of the following materials:

Brick;

ii.

Stone;

iii.

Wrought-iron;

iv.

Vinyl;

Wood;

vi.

Aluminum.

Chainlink fences are prohibited.

Alternative materials that provide an equivalent appearance and durability of the above may be approved by the zoning administrator. (7-7-05; 7-19-18.)

Sec. 6-2011. - Exceptions.

A request for an exception to the requirements of the Newport development service overlay district 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 supervisors' consideration of the request.

The board of supervisors in formulating a decision shall consider the following:

Such exception shall be no less beneficial to the residents or occupants of the development, as well as neighboring property, that would be obtained under the applicable regulation;

That the exception is reasonable because of the high level of design and construction that will be incorporated in the development;

That the exception will result in design and construction that is in accordance with accepted engineering and building standards.

Sec. 6-3001. - Purpose.

The historic overlay district zoning fulfills the goals and objectives outlined in the county's comprehensive plan by establishing a means to preserve and enhance historic buildings, structures and various historic resources, identified as important elements of the county's cultural heritage, through the use of sensitive land use planning and architectural review procedures.

The historic overlay district shall include designated areas portions of Isle of Wight County where historic landmarks, buildings or structures having an important historic interest are located. Such structures shall be protected from destruction, damage, defacement and obviously incongruous development or uses of land. It is also designed to require the erection, reconstruction and alteration of other buildings and structures to be architecturally compatible with the historic landmarks, buildings or structures located therein.

Lastly, this district is established to facilitate the creation of a convenient, attractive, and harmonious community as stated in Section 15.2-2283 of the Code of Virginia through the establishment of design standards that seek top reserve historic landmarks, buildings, structures or districts (Section 15.2-2 306 of the Code of Virginia). (7-7-05; 7-17-14; 7-19-18.)

Sec. 6-3002. - Designation and location.

In accordance with the following criteria, historic districts shall be designated and zoned by the board of supervisors around sites of historic significance or interest and surrounding properties where the architectural significance or development thereof would impact the site.

Sites of historic landmarks and landmark sites having important historical, architectural, archaeological or cultural interest;

Buildings, structures or places in which historic events occurred or having special public value because of notable architectural, archaeological or other features relating to the cultural or artistic heritage of the county of such significance as to warrant conservation and preservation. (7-7-05; 7-17-14; 7-19-18.)

Sec. 6-3003. - Historic architectural review committee.

For the purpose of providing oversight in the administration of historic district provisions as outlined in this ordinance, the historic architectural review committee shall have review and approval authority for determining the architectural compatibility of new construction and exterior alterations and/or restorations of existing structures within historic district.

The committee shall be composed of five (5) member appointed by the board of supervisors. At least one (1) member shall be an architect or an architectural historian meeting the professional qualification standards of 36 CFR 61, Appendix A. At least two (2) review board member shall have professional training or equivalent experience in any of the following disciplines: architecture, history, architectural history, archaeology, or planning.

When adequate review of any proposed action would normally involve a professional discipline not represented on the review committee, the committee must seek appropriate professional advice before rendering its decision. Information on the credentials of all review committee members hall be submitted to the state historic preservation office and shall be kept on file locally for public inspection.

Exceptions to membership shall be approved by the department of historic resources. The committee shall have established bylaw and procedures for conducting business. (7-7-05; 7-17-14; 7-19-18.)

Sec. 6-3004. - Procedures for designation or amendment of a historic district.

Application for the creation or amendment of a historic district, for the designation of landmarks and landmark sites or for the withdrawal of such designation, may be made by the historic architectural review committee, the planning commission, the board of supervisors, the property owner, or the owners of sixty percent (60%) of the lots within a proposed historic district. The application shall be filed with the zoning administrator and shall contain such information as the zoning administrator shall prescribe.

Upon receipt of an application, the zoning administrator shall refer such application to the historic architectural review committee and the planning commission.

The planning commission and the historic architectural review committee shall hold a public hearing, which may be held jointly, to review such application. Within one hundred (100) days after the public hearing, the planning commission and the historic architectural review committee shall forward their independent reports to the board of supervisors.

The reports shall address the effect of the designation of the proposed district on future development of the county, and may address such other matters as they shall deem appropriate. The commission and the committee shall recommend to the board of supervisors that the proposed district either be designated, be designated with altered boundaries, or not be designated.

An application to withdraw the designation of an exiting historic district may be made when the original reason for the designation no longer exist.

After receiving the reports and recommendations of the historic architectural review committee and the planning commission, the board of supervisors shall conduct a public hearing to consider the request for designation or amendment of a historic district. (7-7-05; 7-17-14; 7-19-18.)

Sec. 6-3005. - List of historic districts.

The following historic districts are designated within Isle of Wight County:

Courthouse

Fort Boykins

Fort Huger

St. Luke's

The official boundaries of all historic districts shall be delineated on the official zoning maps of Isle of Wight County. (7-7-05; 7-17-14; 7-19-18.)

Sec. 6-3006. - Erection and reconstruction of buildings and structures within designated historic districts.

No building or structure, including signs, shall be erected, reconstructed, substantially altered or restored within any historic district unless the same is approved by the historic architectural review committee as being architecturally compatible with the historic landmark, building or structure therein.

The following exemptions shall not require committee approval:

Minor exemptions.

Repainting resulting in the same or substantially the same color.

Replacement of windows, storm windows and doors using the same materials, profile and sash configuration as existing windows, storm windows, and doors. Addition or deletion of window air conditioners.

Replacement of sign face which does not alter the size, type, or placement of an existing sign structure and does not significantly alter the character of the district.

Addition or deletion of television or radio antennas, skylights, solar collectors, or satellite dishes in locations not visible from a public street.

Planting of grass, trees and shrubs, but not including landscape treatment which substantially alters the contour of a landmark site.

Permitted outside storage which is not visible from a public street.

Any interior changes to a structure.

Other changes consistent with the intent of the district as deemed appropriate by the zoning administrator.

Development within the St. Luke's historic district may be reviewed and approved administratively by the zoning administrator, if the zoning administrator determines that the development is in compliance with the St. Luke's historic district design guidelines. If the zoning administrator determines that the proposed development is not in accordance with the approved design guidelines, then it shall be referred to the historic architectural review committee for their review and approval.

Notwithstanding the above, the zoning administrator shall have the authority to order that work be stopped and that an appropriate application be filed for review in any case where the action may produce arresting effects, extreme contrasts of materials or colors, intense color or patterns, or incongruous details in consistent with the character of the present structures or with the prevailing character of the surrounding historic district. (7-7-05, 7-17-14; 7-19-18.)

Sec. 6-3007. - Demolition of buildings within designated historic districts.

No historic landmark, building or structure within any historic district shall be razed or demolished unless approved by the historic architectural review committee.

Penalties for violations of this requirement shall be imposed in accordance with the provisions of the Code of Virginia, Section 15.2-819. (7-7-05; 7-17-14; 7-19-18.)

Sec. 6-3008. - Guidelines for review of applications for new construction, alteration, renovation, and demolition within designated historic districts.

The historic architectural review committee shall review and decide on all applications for new construction, alterations, renovations and demolitions within historic districts in accordance with the following criteria:

Exterior architectural features, including signs;

General design, scale and arrangement;

Texture, material and color;

Relation of above factors to buildings or structure in the immediate surroundings;

Extent to which the historic or architectural value and significance of the building or structure and its relationship to the historic or architectural value would preserve or protect historic site, buildings, structures or area;

Extent to which preservation and protection would promote the general welfare of the county;

Compatibility of planned improvements and renovations with the architectural and historic quality, character and scale of a historic building or structure;

Effect of the building, structure or place on the comprehensive plan's goals for tourism, economic development and residential land uses in and around the historic district, landmark, building, structure or site;

Compatibility of the proposed building, structure or site with the goals for historic preservation as contained in the comprehensive plan. (7-7-05; 7-17-14; 7-19-18.)

Sec. 6-3009. - Applications for new construction, alteration, renovation, and demolition within designated historic districts.

Applications shall be submitted to the zoning administrator for review by the historic architectural review committee.

Applications shall include the following:

Statement of proposed use and user.

Statement of estimated construction time.

Photographs and maps relating proposed use to the surrounding property and/or district in which it is located.

Site plan drawings, showing the location of the existing and proposed building and site improvements, including:

Existing property boundaries, building placement and site configuration,

Existing topography and proposed grading,

Location of parking, pedestrian access, signage, exterior lighting, fencing and other site improvement,

Relationship to adjacent land uses,

Proposed site improvements, including location of parking, pedestrian access, signage, exterior lighting, fencing, buildings and structures and other appurtenant elements, and

Proposed building color and materials.

Architectural drawings having plan view and elevations of new planned construction or renovations, including drawings or original buildings.

A landscaping and buffer plan.

Designs for exterior signage, lighting and graphics, to include description of material, colors, placement and means of physical support, lettering style and message to be placed on sign. (7-7-05; 7-17-14; 7-19-18.)

Sec. 6-3010. - Action by the historic architectural review committee on application for new construction, alteration, renovation, and demolition.

The historic architectural review committee shall take action on a completed application within one hundred (100) days after the receipt by the zoning administrator.

The committee shall meet with the applicant to review the application prior to rendering any decision.

In considering such application, the committee shall be guided by the criteria as outlined in section 6-3008. (7-7-05; 7-17-14; 7-19-18.)

Sec. 6-3011. - Appeals.

Appeal of historic architectural review committee decision.

Any person aggrieved by any decision of the historic architectural review committee may appeal such decision to the board of supervisors, provided that such appeal is filed within fourteen (14) calendar days from the date of notification of the historic architectural review committee decision.

The board of supervisors shall consult with the historic architectural review committee in relation to any appeal and may require documentation of any historic architectural review committee decision prior to hearing the appeal. The board of supervisors may affirm, reverse or modify the historic architectural review committee decision and shall notify the zoning administrator of its action.

Appeal of board of supervisors' decision. .....Any person aggrieved by any decision of the board of supervisors may appeal such decision to the circuit court for the County of Isle of Wight provided that such appeal is filed within thirty (30) days after the final decision is rendered by the board of supervisors. Filing of the petition shall stay the decision of the board of supervisors pending the outcome of the appeal to the circuit court, except that the time of such petition shall not stay the decision of the board of supervisors if such decision denies the right to raze or demolish a historic landmark, building or structure. (7-7-05; 7-17-14; 7-19-18.)

Sec. 6-4000. - Floodplain Management Overlay (FPMO) District.*

* An ordinance adopted Nov. 19, 2015, amended and re-enacted § 6-4000, with a prior history of an ordinance dated 7-7-05; Ord. No. 2012-3-C, 2-16-12; ordinances dated 8-21-14; and 9-17-15.

Sec. 6-4001. - Purpose.

This ordinance is adopted pursuant to the authority granted to localities by [Code of] Virginia § 15.2-2280. The purpose of these provisions is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies.

Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding.

Requiring all those uses, activities, and developments that do occur in floodprone districts to be protected and/or floodproofed against flooding and flood damage.

Furthermore, it is the intent of these regulations to ensure that all property owners within the county are eligible for participation in the National Flood Insurance Program and able to secure such insurance at nominal rates. (11-19-15; 7-19-18.)

Sec. 6-4002. - Designation of the floodplain administrator.

The zoning administrator is hereby appointed to administer and implement these regulations and is referred to herein as the floodplain administrator. (11-19-15; 7-19-18.)

Sec. 6-4003. - Submitting technical data.

A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, a community shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data. Such a submission is necessary so that upon confirmation of those physical changes affecting flood conditions, risk premium rates and floodplain management requirements will be based upon current data. (11-19-15; 7-19-18.)

Sec. 6-4004. - Applicability.

The provisions of this article shall apply to the following areas:

Areas designated as being within the one-percent annual chance floodplain by the flood insurance study (FIS) prepared by the Federal Emergency Management Agency and as delineated on the flood insurance rate map (FIRM) for Isle of Wight County dated December 2, 2015, and any subsequent revisions or amendments thereto. A copy of the FIS and FIRM shall be filed in the department of planning and zoning and are hereby made part of this article. The floodplain management district (as identified in the FIS) is comprised of five (5) subdistricts: The floodway district, the floodfringe district, the approximated floodplain district, the coastal A zone, and the coastal high hazard floodplain district. The description of these districts and corresponding zones are identified in the aforementioned FIS report.

The flood insurance rate map panels specifically referenced by this ordinance and dated to take effect on December 2, 2015, include the following:

51093C0018E, 51093C0050E, 51093C0054E, 51093C0056E, 51093C0058E, 51093C0065E, 51093C0066E, 51093C0067E, 51093C0070E, 51093C0086E, 51093C0088E, 51093C0089E, 51093C0093E, 51093C00115E, 51093C00120E, 51093C00125E, 51093C00135E, 51093C00150E, 51093C00151E, 51093C00152E, 51093C00153E, 51093C00154E, 51093C00156E, 51093C00157E, 51093C00158E, 51093C00159E, 51093C00165E, 51093C00166E, 51093C00167E, 51093C00168E, 51093C00178E, 51093C00186E, 51093C00220E, 51093C00230E, 51093C00240E, 51093C00250E, 51093C00255E, 51093C00265E, 51093C00275E, 51093C00300E, 51093C00310E, 51093C00320E and 51093C00350E.

Such other areas as may be determined by the zoning administrator to be essential to the alleviation of potential flood damage caused by the one-percent annual chance flood. Such determination shall be based on drainage and hydrology studies and amendment or revision of the FIRM shall be requested by the county.

The floodplain management (FPM) district is an overlay to the existing underlying zoning district. Therefore, the uses, densities, lot configurations, setback requirements, height restrictions and accessory uses shall be determined by the underlying zoning district except as such regulations may be modified by application of the regulations in the FPM district. Where these regulations are at variance with other codes, ordinances and regulations, the most restrictive regulation shall apply.

The delineation of the floodplain management district may be revised by Isle of Wight County where natural or manmade changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration.

Initial interpretations of the boundaries of the floodplain management district shall be made by the zoning administrator. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board and to submit his own technical evidence if he so desires. (11-19-15; 7-19-18.)

Sec. 6-4005. - Compliance and liability.

No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered within the floodplain management district except in full compliance with the terms and provisions of this section.

The degree of flood protection sought by the provisions of this ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. This ordinance does not imply that areas and land uses outside the floodplain management district will be free from flooding or flood damages which may be caused by larger floods or increased flood heights.

This article shall not create liability on the part of Isle of Wight County or any officer or employee thereof, for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

Records of actions associated with administering this ordinance shall be kept on file and maintained by the floodplain administrator. (11-19-15; 7-19-18.)

Sec. 6-4006. - Abrogation and greater restrictions.

This ordinance supersedes any ordinance currently in effect in floodprone districts. Any ordinance, however, shall remain in full force and effect to the extent that its provisions are more restrictive. (11-19-15; 7-19-18.)

Sec. 6-4007. - Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this article shall be declared invalid for any reason, such decision shall not affect the remaining portions of this article. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this article are hereby declared to be severable. (11-19-15; 7-19-18.)

Sec. 6-4008. - Penalty for violation.

Any person who fails to comply with any of the requirements or provisions of this article or directions of the floodplain administrator or any authorized employee of Isle of Wight County shall be guilty of the appropriate violation and subject to the penalties therefore.

The VA USBC addresses building code violations and the associated penalties in Section 104 and Section 115. Violations and associated penalties of the zoning ordinance of Isle of Wight County are addressed in section 1-1013 of the zoning ordinance.

In addition to the penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated m noncompliance with this article may be declared by Isle of Wight County to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article. (11-19-15; 7-19-18.)

Sec. 6-4009. - Permit required.

All uses, activities, and development occurring within any floodplain district, including placement of manufactured homes, shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of this ordinance and with all other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC) and the Isle of Wight County Subdivision Ordinance. Prior to the issuance of any such permit, the floodplain administrator shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding. Under no circumstances hall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system. (11-19-15; 7-19-18.)

Sec. 6-4010. - Use regulations.

Permitted uses, special permit uses, accessory uses, dimensional standards, and special requirements shall be as established by the underlying zoning district, except as specifically modified herein.

The following uses shall be specifically prohibited within the floodplain management district:

Landfills, junkyards, outdoor storage of inoperative vehicles;

Surface mines/borrow pits;

Manufacture, bulk storage, transformation or distribution of petroleum, chemical or asphalt products or any hazardous materials as defined in either or both of the following:

Superfund Amendment and Reauthorization Act of 1986.

Identification and Listing of Hazardous Wastes, 40 C.F.R. (Code of Federal Regulations) Section 261 (1987).

The following products shall be specifically included:

Oil and oil products including petrochemicals;

ii.

Radioactive materials;

iii.

Any materials transported or stored in large commercial quantities (such as fifty-five-gallon drums) which is a very soluble acid or base, causes abnormal growth of an organ or organism, or is highly biodegradable, exerting a strong oxygen demand;

iv.

Biologically accumulative poisons;

Substances containing the active ingredients or economic poisons that are or were ever registered in accordance with the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 USC 135 et seq.);

vi.

Substances highly lethal to mammalian or aquatic life;

Storage or land application of industrial wastes;

Outdoor storage of equipment, materials, or supplies which are buoyant, flammable, or explosive;

Swimming pools or any other habitable use when the area beneath the elevated building is enclosed with walls of any type such as solid non-breakaway, solid breakaway, or lattice-screen, or when the area beneath the elevated building is not enclosed and a swimming pool or any other obstruction is above natural grade; or

Commercial feedlots, as described in section 3-2000.

The following activities may occur below the level of the one-percent annual chance flood elevation if administered in accordance with section 6-4013 of this article:

Nonstructural agricultural activities providing that any storage or stockpiling of manure shall be elevated to a level no less than two (2) feet above the elevation of the one-percent annual chance flood.

Outdoor recreational uses including park areas, golf courses, tennis courts, and basketball courts.

Swimming pools or any other non-habitable use located below elevated buildings when the area beneath the elevated building is not enclosed and the pool or other potential obstruction is flush with the natural grade provided that a licensed surveyor or engineer certifies that the swimming pool or other potential obstruction will not be subject to breaking up or floating out of the ground and affecting the piles or columns of the elevated building. Furthermore, the swimming pool shall meet the same anchoring requirements as the support system of the elevated building and the area beneath the elevated building shall never be enclosed with walls or any type.

Functionally dependent uses such as docks, piers and wharves.

Access roads and parking areas for [subsections] 1. through 4. above.

In addition to the prohibited uses in subsection 6-4010.A., the following restrictions shall apply to areas in the floodway district [44 CFR 60.3(d)]:

No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted in the floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within Isle of Wight County during the occurrence of the base flood discharge. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc. shall be submitted in sufficient detail to allow a thorough review by the floodplain administrator.

Existing nonconforming structures within the floodway may not be expanded; however, they may be repaired, altered or modified to incorporate floodproofing measures, provided such measures do not raise the level of the one-percent annual chance flood.

Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies - with Isle of Wight County's endorsement - for a conditional letter of map revision (CLOMR), and receives the approval of the Federal Emergency Management Agency.

If items 1. through 3. [above] are satisfied, then all new construction and substantial improvements in the floodway district shall comply with section 6-4009, section 6-4011, and section 6-4012.

The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation, and encroachment standards are met. (11-19-15; 7-19-18.)

Sec. 6-4011. - General provisions.

No construction or improvement within the floodplain management district shall obstruct or unduly restrict any channel, whether or not such channel lies within a designated floodway.

Watercourses shall not be altered or relocated except upon the presentation of data, certified by a licensed engineer, that the flood-carrying capacity of such a modified watercourse will be at least equal to that prior to modification. Evidence of all necessary permits or approvals for the Federal Insurance Administrator, the U.S. Army Corps of Engineers, the Virginia Marine Resources Commission, and the Virginia Department Environmental Quality shall be required prior to such modification.

The floodplain administrator shall notify adjacent localities of watercourse alterations or relocations.

Adequate drainage shall be provided to reduce exposure to flood hazards. All storm drainage facilities shall be designed to convey the flow of surface waters away from buildings and on-site waste disposal sites and prevent the discharge of excess runoff onto adjacent properties in order to avoid damage to persons or property. (11-19-15; 7-19-18.)

Sec. 6-4012. - Special standards and requirements.

Standards for subdivision plats and site plans. .....Preliminary plans, development plans and final subdivision plats of all properties, all or part of which are located within any floodplain management district, must be prepared and sealed by a licensed surveyor or engineer. All proposals shall be consistent with the need to minimize flood damage. The following information, in addition to that which would otherwise be required, shall be provided on the respective plan:

The one-percent annual chance flood boundary, as depicted on the FIRM and the flood hazard zone classification(s) shall be depicted on preliminary plans, development plans, and final plats.

Development plans shall provide topographical information for the site at a maximum contour interval of two (2) feet, provided however that a one-foot contour interval for one (1) foot lesser and one (1) foot greater than the one-percent annual chance flood boundary shall be shown.

The elevation of the finished surface of the ground at each corner of each existing building located within any flood hazard zone shall be shown on development plans and final plats.

The elevation of the lowest floor including basement shall be shown on development plans for new construction or final plats of property with existing structures.

For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed and certified floodproofed.

In "VE" zones, the elevation (in N.G.V.D.) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns).

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.

Base flood elevation data obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in the flood insurance study for subdivision developments and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty (50) lots or five (5) acres, whichever is the lesser, shall be shown.

Standards for utilities. .....All new on replacement utilities, water filtration, and wastewater treatment facilities, installed in the floodplain management district shall be designed to prevent the infiltration of floodwaters into or discharge from said utilities and constructed to minimize the potential for flood damage.

Where private waste disposal systems are to be installed or replaced, they shall be installed so that they will not be permanently contaminated or impaired by a base flood.

Standards for streets and roads. .....Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood height.

Standards for filling of floodplain areas.

Where fill within the floodplain management district is proposed, the following minimum standards shall apply:

Prior to any fill, the floodway must be determined and no fill shall cause the adjacent base flood elevation to increase more than one (1) foot.

Fill areas shall extend laterally a minimum of fifteen (15) feet beyond building lines from all points.

Fill material shall consist only of soil and small rock materials (must pass through a three-inch opening ASTM standard sieve). Organic materials, such as tree stumps, asphalt, and rubble, shall be prohibited.

Fill areas shall be graded to a finished slope of no steeper than one (1) vertical to three (3) horizontal, unless substantiated data, certified by a licensed engineer, which justifies steeper slopes, is submitted to and approved by the zoning administrator.

The zoning administrator shall impose any additional standards deemed necessary to ensure the safety of the community and properties from additional flood hazard potentials caused by filling within the floodplain management district.

Filling or any other encroachment into a regulatory or other designated floodway which, as determined by the zoning administrator, in any way impairs its flood conveyance shall be prohibited.

Filling or any other encroachment into any channel within the floodplain management district which would, as determined by the zoning administrator, obstruct or unduly restrict water flows through said channel and, in so doing, increase the potential for flood damage, shall be prohibited whether or not such channel lies within the regulatory or other designated floodway.

The filling of any portion of property solely to increase the elevation of the land to meet minimum lot area requirements and thereby create a buildable lot for residential construction within the floodplain management district shall be prohibited.

These standards may be individually waived by the zoning administrator, upon the recommendation of the Isle of Wight County Wetlands Board for approved parks, recreation facilities, shoreline erosion control and beach maintenance projects where sufficient data is presented justifying the project and where it is demonstrated that such actions will not increase flood levels on any properties.

Construction standards for properties in zone A [44 CFR 60.3(b)]:

All new construction and substantial improvements in zone A must comply with all standards applicable to zone AE contained in this section and the floodplain construction provisions of the Virginia Uniform Statewide Building Code.

For these areas in zone A, the base flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific one-percent annual chance flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this base flood elevation. For development proposed in the approximate floodplain the applicant must use technical methods that correctly reflect currently accepted practices, such as point on boundary, high water marks, or detailed methodologies, hydrologic and hydraulic analyses. Studies, analyses, computations, etc. shall be submitted in sufficient detail to allow a thorough review by the floodplain administrator.

The floodplain administrator reserves the right to require a hydrologic and hydraulic analysis for any development. When such base flood elevation is used, the lowest floor shall be elevated to or above the base flood level plus eighteen (18) inches.

During the permitting process, the floodplain administrator shall obtain:

The elevation of the lowest floor (in relation to mean sea level), including the basement, of all new and substantially improved structures; and

If the structure has been floodproofed in accordance with the requirements of this article, the elevation (in relation to mean sea level) to which the structure has been floodproofed.

Base flood elevation data shall be obtained from other sources or developed using detailed methodologies comparable to those contained in a FIS for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty (50) lots or five (5) acres, whichever is the lesser.

Construction standards for properties in zone AE. .....Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted with the areas of special flood hazard, designated as zones AE on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within Isle of Wight County. In addition, the following provisions shall apply [44 CFR 60.3(c)]:

All new and replacement electrical equipment, and heating, ventilating, air conditioning and other service facilities shall be installed at least one and one-half (1½) feet above the base flood elevation or otherwise designed and located so as to prevent water from entering or accumulating within the components during conditions of flooding.

All electrical distribution panels shall be installed at least three (3) feet above the base flood elevation or otherwise designed and located so as to prevent inundation.

In all cases, elevation of the lowest floor of the structure, including basements, to at least one and one-half (1½) feet above the base flood elevation or, in the case of nonresidential structures, floodproofing to at least that level. All new and substantially improved structures shall be constructed according to the VA USBC, and anchored to prevent flotation, collapse or lateral movement of the structure. The lowest floor elevation of any new residential structure, including basements, constructed within a floodplain area shall be at least one and one-half (1½) feet above base flood elevation. The lowest floor elevation of any new nonresidential structure constructed within a floodplain area shall be at least one (1) foot above base flood elevation, unless such structure is floodproofed. In addition, no existing structure shall be modified, expanded or enlarged unless the new construction complies with this standard.

Manufactured homes that are placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated a least one and one-half (1½) feet above base flood level and be securely anchored to an adequately anchored foundation system to resist floatation, collapse and lateral movement.

Recreational vehicles placed on sites shall either:

Be on the site for fewer than one hundred eighty (180) consecutive days, be fully licensed and ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and has no permanently attached additions; or meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes in subsection F.4. of this section.

New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.

New development shall not be permitted unless it is demonstrated that the cumulative effect of all past and projected development will not increase the base flood elevation by more than one (1) foot.

For floodproofed nonresidential structures, a licensed professional engineer or architect must certify the structure has been floodproofed.

10.

Where base flood elevation data has been utilized and obtained, as required by this ordinance, the floodplain administrator shall obtain, record, and maintain the actual finished construction elevations of the lowest floor and floodproofing elevations. This information shall be recorded on a current FEMA Elevation Certificate signed and sealed by a professional licensed land surveyor.

11.

Fully enclosed areas of new construction or substantially improved structures, which are below regulatory flood protection elevation shall:

Not be designed or used for human habitation, but shall only be used for parking of vehicles, building access or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator);

Be constructed entirely of flood-resistant materials below the regulatory floor protection elevation;

Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria:

Provide a minimum of two (2) openings on different sides of each enclosed area subject to flooding.

ii.

The total net area of all openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding.

iii.

If a building has more than one (1) enclosed area, each area must have openings to allow floodwater to automatically enter and exit.

iv.

The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade.

Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions.

vi.

Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.

12.

Development activities in zone AE on the Isle of Wight County FIRMs which increase the water surface elevation of the base flood by more than one (1) foot may be allowed, provided that the applicant first applies - with Isle of Wight County's endorsement - for a conditional letter of map revision and receives the approval of the Federal Emergency Management Agency.

Construction standards for properties in coastal A zones. .....All new construction and substantial improvements in coastal A zones of the floodplain management area shall comply with the provisions of the AE zone as set forth in section 6-4012.F. In addition, buildings and structures within this zone shall have the lowest floor elevated to or above the base flood elevation plus eighteen (18) inches of freeboard.

Construction standards for properties in coastal high hazard area. .....All new construction and substantial improvements in the V-zones of the floodplain management area shall occur in accordance with the applicable floodplain construction provisions contained in the Virginia Uniform Statewide Building Code. The zoning administrator shall satisfy himself that all applicable provisions have been complied with prior to issuing building permits or temporary or permanent certificates of occupancy. In addition, the following standards shall apply [44 CFR 60.3(e)]:

All new construction shall be located landward of the reach of mean high tide.

There shall be no fill used as structural support.

There shall be no alteration of sand dunes, watercourses or banks, which would increase potential flood damage.

Within V-zones on the flood insurance rate map, obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures.

All new construction and substantial improvements elevated on pilings and columns must have the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) elevated at least one and one-half (1½) feet above the base flood level and the pile or column foundation and structure attached thereto must be anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water-loading values used shall be those associated with the base flood. Wind-loading values used shall be those required by applicable state or local building standards. A registered professional engineer or architect shall develop or review the structural design and methods of construction and shall certify that design and methods of construction to be used are in accordance with accepted standards.

Provide that all new construction and substantial improvements, within zones VE, V1-30 and V on the community's FIRM, have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe-loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls which exceed a design safe-loading resistance of twenty (20) pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:

The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Water-loading values used shall be those associated with the base flood.

Wind-loading values used shall be those required by applicable state or local building standards. Such enclosed space shall be usable solely for parking of vehicles, building access or storage.

All recreational vehicles placed in V-zones shall be:

On site for fewer than one hundred eighty (180) consecutive days; and

Be fully licensed and ready for highway use; or

Meet the same standards as for conventional housing in V-zones.

All new and replacement electrical equipment, and heating, ventilating, air conditioning and other service facilities shall be installed at least three (3) feet above the base flood elevation or otherwise designed and located so as to prevent water from entering or accumulating within the system.

All electrical distribution panels shall be installed at least three (3) feet above the base flood elevation or otherwise located so as to prevent inundation.

10.

In all cases, elevation of the lowest horizontal structural member of the lowest floor of the structure, excluding pilings or columns, to at least one and one-half (1½) feet above the base flood elevation and may result in a reduction of flood insurance premiums.

11.

Manufactured homes that are placed or substantially improved on sites shall meet the same standards as conventional housing in V-zones. (11-19-15; 7-19-18.)

Sec. 6-4013. - Variances.

In acting upon application for variances from the provisions of this article, in addition to the requirements elsewhere set forth in this ordinance, the board of zoning appeals shall consider the following additional factors:

The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any floodway that will cause any increase in the one-percent annual chance flood elevation;

The danger that materials may be swept on to other lands or downstream to the injury of others;

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions;

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;

The importance of the services provided by the proposed facility to the community;

The requirements of the facility for a waterfront location;

The availability of alternative locations not subject to flooding for the proposed use;

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area;

10.

The safety of access by ordinary and emergency vehicles to the property in time of flood;

11.

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site;

12.

The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structures continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure;

13.

Such other factors which are relevant to the purpose of this ordinance.

The board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters, at the expense of the applicant.

Variances shall be issued only after the board of zoning appeals has determined that the granting of such will not result in:

Prohibited increases in the height of the floodway;

Additional threats to public safety;

Extraordinary public expense and will not create nuisances;

Cause fraud or victimization of the public; or

Conflict with local laws or ordinances.

Variances shall be issued only after the board of zoning appeals has determined that variance will be the minimum required to provide relief from an undue hardship to the applicant.

The board of zoning appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the one-percent annual chance flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance.

A record shall be maintained of the above notification as well as, all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator. (11-19-15; 7-19-18.)

Sec. 6-4014. - Existing structures in floodplain management district.

A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions:

Existing structures in the floodway shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed expansion would not result in any increase in the one-percent annual chance flood elevation.

Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain area to an extent or amount of less than fifty percent (50%) of its market value shall conform to the Virginia Uniform Statewide Building Code.

The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area to an extent or amount of fifty percent (50%) or more of its market value shall be undertaken only in full compliance with this ordinance and shall require the entire structure to conform to the Virginia Uniform Statewide Building Code. (11-19-15; 7-19-18.)