§ 2-1002. definitions.

When used in this ordinance the following terms shall have a meaning as ascribed herein:

Abutting.\ Having a common border with, or being separated from such common border by right-of-way, alley or easement.

Access, pedestrian.\ The right to cross between public and private property, allowing pedestrians to enter and leave property.

Access, vehicular.\ A means of vehicular approach or entry to or exit from property, from a street or highway.

Accessory building.\ A subordinate building customarily incidental to and located upon the same lot occupied by the principal building. When an accessory building is attached to the principal building in a substantial manner, as by a wall or roof, such accessory building shall be considered a part of the principal building. An accessory building is no longer considered subordinate if it exceeds the size of the principal building.

Accessory use.\ A use customarily incidental and subordinate to, and on the same lot as a principal use.

Administrator.\ See "zoning administrator."

Alley.\ A right-of-way that provides secondary service access for vehicles to the side or rear of abutting properties.

Alteration.\ Any change or rearrangement of supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or moving of a building or structure from one (1) location to another.

Alternate discharge sewage system.\ Any device or system which results in a point source surface discharge of treated sewage with flows less than or equal to one thousand (1,000) gallons per day on a yearly average. These systems are regulated by the Virginia Department of Health and under a general Virginia Pollution Discharge Elimination System (VPDES) permit issued by the Virginia Department of Environmental Quality (DEQ).

Amend\ or amendment. Any repeal, modification or addition to a regulation; any new regulation; any change in the number, shape, boundary or area of a zone or zoning district; or any repeal or abolition of any map, part thereof or addition thereto.

Amenity space.\ Space devoted to such uses as uncovered open space for public enjoyment consisting of such things as, but not limited to: Green areas, gardens, malls, plazas, walks, pathways, promenades, arcades, lawns, fountains, decorative plantings, passive or active recreational areas. Such space shall not include parking or maneuvering areas for vehicles. Area devoted to this purpose shall be easily and readily accessible to the public or residents of the development. In areas where pedestrian walkways are shown on an approved and adopted master plan such area within the percentage required for amenity space as is necessary shall be devoted to the provision of pedestrian walkways or paths for general public use.

Anchor store.\ A store that acts as the major retailer and brings in the majority of business within a shopping center, mall or similar commercial complex.

Antenna.\ A device in which the surface is used to capture an incoming and/or transmit an outgoing radio-frequency signal. Antennas shall include the following types:

1.

Omnidirectional (or "whip") antenna. .....An antenna that receives and transmits signals in a 360-degree pattern.

2.

Directional (or "panel") antenna. .....An antenna that receives and transmits signals in a directional pattern typically encompassing an arc of one hundred twenty (120) degrees.

3.

Dish (or parabolic) antenna. .....A bowl-shaped device, less than two (2) meters in diameter, that receives and transmits signals in a specific directional pattern.

Arcade.\ A covered passage having an arched roof.

Attic.\ The area between roof framing and the ceiling of the rooms below that is not habitable, but may [be] used for storage or mechanical equipment. Improvement to habitable status shall make it a story.

Automobile.\ See "motor vehicle."

Automobile wrecking yard.\ Automobile wrecking yard shall mean any lot or place which is exposed to the weather and upon which more than two (2) vehicles of any kind that are incapable of being operated and which it would not be economically practical to make operative, are placed, located or found for a period exceeding thirty (30) days. The movement or rearrangement of such vehicles within an existing lot or facility shall not render this definition inapplicable. (See also scrap and salvage services in section 3-7000.)

Base density.\ The maximum number of dwelling units permitted outright by a particular land-use classification.

Base flood\ The flood having a one-percent chance of being equaled or exceeded in any given year.

Base flood elevation.\ The Federal Emergency Management Agency designated one-percent annual chance water surface elevation. The water surface elevation of the base flood in relation to the datum specified on the community's flood insurance rate map. For the purposes of this ordinance, the base flood is 100-year flood or one-percent annual chance flood.

Basement.\ That portion of a building that is partly or completely below grade. A basement shall be counted as a story if its ceiling is over six (6) feet above the average level of the finished ground surface adjoining the exterior walls of such story, or if it is used for business or dwelling purposes. For the purposes of floodplain management, any area of the building having its floor subgrade (below ground level) on all sides.

Billboard.\ See "sign, billboard."

Block.\ That property abutting one (1) side of a street and lying between the two (2) nearest intersecting streets or the nearest intersecting street and railroad right-of-way, river, or between any of the foregoing and any other manmade or natural barrier to the continuity of development.

Board of supervisors.\ Governing body of Isle of Wight County. Also referred to as the board.

Board of zoning appeals.\ The board appointed to review appeals made by individuals with regard to decisions of the zoning administrator in the interpretation of this ordinance. The board of zoning appeals is also authorized to grant variances from provisions of the zoning ordinance in particular circumstances.

Breezeway.\ A structure for the principal purpose of connecting the main building or buildings on a property with other main buildings or accessory buildings.

Buffer\ or bufferyard. A natural open space or landscaped area intended to separate and protect adjacent or contiguous uses or properties, including land uses abutting highly traveled highway corridors, from noise, lights, glare, pollutants or other potential nuisances.

Building.\ A structure with a roof designed to be used as a place of occupancy, storage, or shelter.

Building, floor area.\ The total number of square feet area in a building, excluding uncovered steps, and uncovered porches, but including the basement and the total floor area of accessory buildings on the same lot.

Building, height.\ The height of a building is the mean vertical distance from the average established grade in front of the lot or from the average natural grade at the building line, if higher, measured to the roof line, defined as; the average height of the top of the cornice of flat roofs, the deck line of a mansard roof, the middle height of the highest gable or dormer in a pitched or hipped roof. If a building is located on a terrace, the height above the street grade may be increased by the height of the terrace. On a corner lot, the height is the mean vertical distance from the average natural grade at the building line, if higher, on the street of greatest width, or if two (2) or more such streets are of the same width, from the highest of such grades.

Building line.\ A line parallel to the front property line of a yard beyond which the foundation wall and/or any enclosed porch, vestibule, or other enclosed portion of a building shall not project, except as provided in subsection 5-2000.D, supplementary density and dimensional requirements.

Building, main.\ See "principal building or structure."

Building official, superintendent of building inspections.\ The person designated as the official responsible for enforcing and administering all requirements of the Uniform Statewide Building Code in Isle of Wight County, Virginia.

Bulk regulations.\ Controls that establish the maximum size of buildings and structures on a lot or parcel and the buildable area within which the structure may be placed, including lot coverage, height, setbacks, density, floor area ratio, open space ratio, and landscape ratio.

Caliper.\ A measurement, in diameter, of plant material size. All plant material requiring a caliper measurement shall be measured using diameter at breast height (DBH), which is defined as four and one-half (4½) feet above the ground on the uphill side of the tree or plant.

Camping site.\ Any plot of ground within a campground used or intended for occupation by the camping unit.

Camping unit.\ A tent, tent trailer, camping trailer, pickup camper, motor home, recreational vehicle or any other commonly used temporary shelter device used as temporary living quarters or shelter during periods of recreation, vacation, leisure time or travel. To qualify as a camping unit, vehicular and mobile units shall be eligible to be currently licensed and registered by a governmental body and shall be legal to travel on Virginia highways without special permits for size, weight or other reasons.

Canopy.\ A roof-like structure of a permanent nature which may be freestanding or project from a wall of a building or its supports.

Canopy coverage.\ The percent of a fixed land area covered by the crown of an individual plant exceeding five (5) feet in height and measured fifteen (15) years from the date of installation. Or the percent of a fixed land area covered by the outermost limits of the crown of a cluster of plants exceeding five (5) feet in height, which create one (1) continuous area of coverage, measured fifteen (15) years from the date of installation.

Carport.\ A permanent roofed structure not more than seventy-five percent (75%) enclosed by walls and attached to the main building for the purpose of providing shelter for one (1) or more motor vehicles.

Cellar.\ See "basement."

Certificate of occupancy.\ A document issued by the building official allowing the occupancy or use of a structure and certifying that the structure and/or site has been constructed and is to be used in compliance with all applicable plans, codes and ordinances.

Channel.\ A natural or artificial watercourse with a definite bed and banks to confine and conduct continuously or periodically flowing water.

Child.\ Any natural person under eighteen (18) years of age.

Chord.\ A line segment joining any two (2) points of a circle.

Circulation area.\ That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area.

Co-location.\ The use of a single location structure and/or site by more than one (1) wireless communications service provider.

Coastal A Zone.\ Flood hazard areas that have been delineated as subject to wave heights between one and one-half (1.5) feet and three (3) feet and identified on the flood insurance rate maps (FIRMs) as areas of limits of moderate wave action (LiMWA).

Coastal high hazard area (CHHA).\ The portion of a coastal floodplain having special flood hazards that is subject to high velocity waters, including hurricane wave wash. The area is designated on the flood insurance rate map (FIRM) as zone V1-30, VE or V (V-zones).

Combination use.\ A use consisting of a combination of one (1) or more lots and two (2) or more principal uses separately listed in the district regulations.

Commercial vehicle.\ A vehicle designed to have more than two (2) rear wheels on a single axle. This shall not apply to pickup body type trucks, passenger van type vehicles, or to vehicles essential for an agricultural use associated with the premises.

Community impact statement.\ A document required by the county which outlines the impact a proposed development will have on environmental and cultural resources, and county services, including, but not limited to, schools, fire and rescue, and public utilities.

Conditional use.\ A conditional use is a use that, because of special requirements or characteristics, may be allowed in a particular zoning district only after review and recommendation by the planning commission and the granting of conditional use approval by the board of supervisors imposing such conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity.

Deck.\ A structure, without a roof or walls, directly adjacent to a principal building, which has an average elevation of thirty (30) inches or greater from finished grade.

Development.\ Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of manufactured homes, streets, and other paving, utilities, filling, grading: excavation, mining, dredging, drilling operations, or storage of equipment or materials.

Display lot.\ An outdoor area where active nighttime sales activity occurs and where accurate color perception of merchandise by customers is required. To qualify as a display lot, one (1) of the following specific uses must occur: motor vehicle sales, boat sales, recreational vehicle sales, gardening or nursery sales. Any other use must be approved as display lot uses by the zoning administrator.

Dock or pier.\ Any structure extending into a body of water and used for landing or launching watercraft, for fishing or for otherwise providing access to the water.

Dripline.\ A vertical projection to the ground surface from the furthest lateral extent of a tree's leaf canopy.

Driveway.\ A roadway providing access for vehicles to a parking space, garage, dwelling, or other structure. A driveway serves only one (1) or two (2) lots.

Dwelling.\ A building, or portion thereof, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, and multifamily dwellings, but do not include, hotels, motels, boarding and rooming houses, bed and breakfast establishments, and the like.

Dwelling unit.\ One (1) or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one (1) family with toilets and facilities for cooking and sleeping separate from any other dwelling unit.

Earthcraft certified construction.\ An environmentally friendly, residential building program developed by the Southface Energy Institute which requires certified builders to meet guidelines for energy efficiency, water conservation, and other environmental practices on single-family and multifamily unit construction. Similar to the LEED certification program, but focused specifically on residential development.

Earth tone.\ A color scheme that draws from a color palette of browns, tans, grays, greens, and some reds. The colors in an earth tone scheme are muted and flat in an emulation of the natural colors found in dirt, moss, trees, and rocks. Many earth tones originate from clay earth pigments, such as umber, ochre, and sienna. Colors such as orange and blue are not considered earth tones because they are not found naturally on pieces of land even though they can be found within nature.

Elevation.\ A vertical distance above or below a fixed reference point.

Environmental assessment.\ An analysis of the beneficial or detrimental effects of a development on the natural resources and characteristics of the property, including resources such as, but not limited to, wetlands, flora and fauna, and other ecosystems.

Equipment enclosure.\ A small building, cabinet, or vault used to house and protect electronic or mechanical equipment. Associated equipment may include, but is not limited to, air conditioners and emergency generators.

Expansion to an existing manufactured home park or subdivision.\ For the purposes of floodplain management means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Facade.\ That portion of any exterior elevation of the building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation.

Family.\ An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than four (4) unrelated persons, occupying a single-family dwelling.

Flood.\ A general and temporary condition of partial or complete inundation of normally dry land areas from:

1.

The overflow of inland or tidal waters;

2.

The unusual and rapid accumulation or runoff of surface waters from any source;

3.

Mudslides (i.e., mudflows) which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

A flood may be further defined as the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical or by an unanticipated force of nature, such as a flash flood or by some similarly unusual and unforeseeable event which results in flooding.

Flood hazard zone.\ The delineation of special flood hazard areas into insurance risk and rate classifications on the flood insurance rate map (FIRM) published by the Federal Emergency Management Agency (FEMA) and which include the following zones and criteria:

1.

Zone A: .....On the FIRMs accompanying the flood insurance study (FIS) shall be those areas for which no detailed flood profiles or elevations are provided, but the one-percent annual chance floodplain boundary has been approximated.

2.

Zone AE: .....On the FIRMs accompanying the FIS shall be those areas for which one-percent annual chance flood elevations have been provided and the floodway has not been delineated.

3.

Zone VE .....orZone V:On the FIRMs accompanying the FIS shall be those areas that are known as Coastal High Hazard areas, extending from offshore to the inland limit of a primary frontal dune along an open coast or other areas subject to high velocity waves.

4.

Zone X: .....Areas located above the 100-year flood boundary and having moderate or minimal flood hazards.

5.

Floodway district: .....Is in an AE Zone and is delineated, for purposes of this ordinance, using the criterion that certain areas within the floodplain must be capable of carrying waters of the one-percent annual chance flood without increasing the water surface elevation of that flood more than one (1) foot at any point. The areas included in this district are specifically defined in Table 4 of the FIS and shown on the accompanying FIRM.

6.

Coastal A zone: .....Is labelled as AE on the FIRMs and is those areas that are seaward of the limit of moderate wave action (LiMWA) line. As defined by the Virginia Uniform Statewide Building Code, these areas are subject to wave heights between one and one-half (1.5) feet and three (3) feet.

Flood insurance rate map (FIRM).\ An official map of a community, on which the Federal Emergency Management Agency has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

Flood insurance study.\ An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, mudslide hazards and/or flood-related erosion hazards.

Floodplain.\ A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; an area subject to the unusual and rapid accumulation or runoff of surface water from any source.

Floodprone area.\ Any land area susceptible to being inundated by water from any source (see definition of flooding).

Floodproofing.\ Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water, sanitary facilities, structures and their contents.

Floodway.\ The channel of a river or other watercourse and the adjacent land areas required to carry and discharge the 100-year flood without increasing the water surface elevation of that flood more than one (1) foot at any point.

Floor area.\ The square feet of floor space within the outside lines of walls, including the total of all space on all floors of a building. Floor area shall not include porches, garages, or unfinished space in a basement or attic.

Floor area ratio (FAR).\ The total floor area of all buildings or structures on a lot divided by the net developable area of the lot.

Freeboard.\ A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed. When a freeboard is included in the height of a structure, the flood insurance premiums may be less expensive.

Frontage.\ The linear measurement in feet of the front property line abutting a street.

Functionally dependent use.\ A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Garage, private.\ An accessory building which is designed or used for the storage of vehicles owned and used by the occupants of the building to which it is accessory and which is not operated as a separate commercial enterprise.

Garage or yard sale.\ A sale of used household or personal articles which are normally and customarily used or kept on a residential premises (such as furniture, tools, or clothing) held on the seller's own premises. Such items shall not have been specifically purchased or crafted for resale.

Gazebo.\ A detached, covered freestanding, open-air or screened accessory structure designed for recreational use only and not for habitation.

Glare.\ The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility; blinding light.

Green roof.\ The roof of a building which is partially or completely covered with vegetation and soil or other growing medium planted over a waterproof membrane.

Habitable floor.\ Any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or any combination thereof. A floor used only for storage is not a habitable floor.

Highest adjacent grade.\ For the purposes of floodplain management, the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic landmark/area/structure.\ Any structure that is:

1.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

4.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been listed in the county's comprehensive plan or certified:

a.

By an approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

Home garden.\ An accessory use in a residential district for the production of vegetables, fruits and flowers generally for use or consumption, or both, by the occupants of the premises.

Impervious surface.\ A surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Impervious surfaces may include, but are not limited to, buildings, roofs, streets, parking areas, and any concrete, asphalt, or compacted gravel surface.

Intelligent siting.\ The practice of building placement which gives high consideration to environmental aspects such as solar orientation, seasonal shading, prevailing winds, etc., in order to allow for increased energy efficiency.

Internet Sweepstakes Café.\ Any principal business enterprise, where persons utilize electronic machines including, but not limited to, computers and gaming terminals to conduct games of chance (including sweepstakes) and where cash, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. This definition includes, but is not limited to, internet sweepstakes, video sweepstakes, electronic gaming operations, internet cafes, and/or cybercafés.

Junkyard.\ Junkyard shall mean any establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile wrecking yard. For purposes of this definition, "junk" shall mean old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material. (See also "scrap and salvage services" in section 3-7000.)

Kiosk.\ A freestanding structure upon which temporary information and/or posters, notices, and announcements are posted. Commercial transactions do not take place here.

Landscape.\ An expanse of natural scenery or the addition or preservation of lawns supplemented by, shrubs, trees, plants or other natural and decorative features to land.

Landscape surface ratio (LSR).\ A measure, expressed as a percentage, of the area to be landscaped on a site determined by dividing the landscaped area of the site by the total project area.

LEED certified.\ Leadership in energy and environmental design (LEED) certification program administered by the U.S. Green Building Council, which requires designers to meet guidelines for energy efficiency, water conservation, and other environmental practices.

Light trespass.\ Light from an artificial light source that is intruding onto adjacent properties and is a nuisance.

Livestock.\ Swine, sheep, cattle, poultry or other animals or fowl which are being produced primarily for food, fiber, or food products for human consumption.

Loading and unloading area.\ The area on a lot designated for bulk pickup and deliveries of merchandise and materials directly related to the use on said lot.

Lot.\ A parcel of land intended to be separately owned, developed, or otherwise used as a unit, established by plat, subdivision or as otherwise permitted by law.

Lot, corner.\ A lot abutting on two (2) or more streets at their intersection.

Lot, depth of.\ The shortest horizontal distance between the front and rear lot lines.

Lot, double frontage.\ An interior lot having frontage on two (2) streets.

Lot, flag.\ A lot not fronting on or abutting a public roadway or having limited frontage necessary for access and where access to the public roadway is essentially limited to a narrow private right-of-way.

Lot, interior.\ A lot other than a corner lot.

Lot, through.\ A lot having its front and rear yards each abutting on a street.

Lot area.\ The total horizontal area in square feet within the lot lines of a lot excluding designated future public rights-of-way.

Lot coverage.\ A measure of intensity of land use that represents the portion of a site that is impervious (i.e., does not absorb water). This portion includes, but is not limited to, all areas covered by buildings, parked structures, driveways, roads, sidewalks, and any area of concrete or asphalt.

Lot line.\ A line dividing one (1) lot from another lot or from a street or alley.

Lot line, front.\ On an interior lot, the lot line abutting a street or right-of-way; or, on a corner lot, the shorter lot line abutting a street or right-of-way; or, on a through lot, the lot line abutting the street or right-of-way providing the primary access to the lot.

Lot line, rear.\ The lot line located opposite the front line.

Lot line, side.\ Any boundary of a lot, which is not a front lot line or a rear lot line.

Lot of record.\ A lot which has been legally recorded in the clerk's office of the Circuit Court of Isle of Wight County.

Lot width.\ The horizontal distance between the side lot lines, measured at the required front setback line.

Low impact development (LID).\ A site design approach to managing stormwater runoff which emphasizes conservation and use of on-site natural features to protect water quality. This approach implements small-scale hydrologic controls to replicate the pre-development hydrologic patterns of watersheds through infiltrating, filtering, storing, evaporating, and detaining runoff close to its source.

Lowest floor.\ For the purpose of floodplain management, the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, useable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Federal Code 44CFR § 60.3.

Luminary.\ A lighting fixture assembly or source of artificial illumination including, but not limited to, bulbs, lamps, reflectors, refractors, and housing associated with them.

Manufactured home.\ A structure constructed to federal standards, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) feet or more in width and is forty (40) feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

Manufactured home park, existing.\ A parcel of land divided into two (2) or more manufactured home lots for rent or sale existing prior to August 19, 1991.

Manufactured home park or subdivision, new.\ A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after August 19, 1991.

Mean sea level.\ National Geodetic Vertical Datum (NGVD) of 1929, to which all elevations on the FIRM (flood insurance rate map) and within the flood insurance study are referenced.

Mixed-use structure.\ A building or other structure containing a combination of two (2) or more different principal uses.

Motor vehicle.\ Any self-propelled vehicle designed primarily for transportation of persons of goods along public streets or alleys, or other public ways.

Net developable area.\ The land deemed suitable for development within a given area or parcel. It is calculated by subtracting the sensitive environmental areas within the area or parcel that should be protected from development and the estimated right-of-way requirements and existing regional transmission line easements and rights-of-way from the total gross area. The result is the net developable area, which provides a realistic measure of land holding capacity for an area or parcel in the county. Refer to section 5-4000, net developable area, for additional information on net developable area.

New construction.\ For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM (flood insurance rate map), August 19, 1991, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

Nonconforming activity or use.\ The otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this ordinance for the district in which it is located, either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance.

Nonconforming building or structure.\ An otherwise legal building or structure that does not conform with the yard, height, maximum density or other bulk regulations, or is designed or intended for a use that does not conform to the use regulations, of this ordinance for the district in which it is located, either at the effective date of this ordinance or as result of subsequent amendments.

Nonconforming lot.\ An otherwise legally platted lot that does not conform to the minimum area or width requirements for the district in which it is located either at the effective date of this ordinance or as a result of subsequent amendments to this ordinance.

Nonconforming site.\ An otherwise legal site for which existing improvements do not conform to the lot coverage, bufferyard, landscaping, parking and other site requirements set forth in the zoning or special overlay district in which it is located either at the effective date of this ordinance or as a result of subsequent amendments to this ordinance.

Office park.\ A large tract of land that has been planned, developed, and operated as an integrated facility for a number of separate office buildings and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics, and compatibility.

Official zoning map.\ The map or maps, together with all subsequent amendments thereto, which are adopted by reference as a part of this ordinance and which delineate the zoning district boundaries.

Open space.\ An area that is intended to provide light and air, and is designed, depending upon the particular situation, for environmental, scenic or recreational purposes. Open space may include, but need not be limited to, lawns, decorative plantings, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, and watercourses. Open space shall not be deemed to include structures, driveways, parking lots or other surfaces designed or intended for vehicular traffic.

Open space, common.\ Open space that is accessible to all occupants of a particular development and is not restricted to use by occupants of an individual lot or structure.

Open space ratio (OSR).\ A measure, expressed as a percentage, of site open space determined by dividing the gross open space area of a lot, parcel or tract of land by the total area of that lot, parcel or tract of land.

Parking area aisle.\ That portion of the parking area consisting of lanes providing access to parking spaces.

Parking area, lot or structure.\ An off-street area for parking or loading and unloading, whether required or permitted by this ordinance, including driveways, access ways, aisles, and maneuvering areas, but not including any public or private street right-of-way.

Parking space.\ A portion of the parking area set aside for the parking of one (1) vehicle.

Patio.\ A level surfaced area, directly adjacent to a principal building, without walls or a roof intended for outdoor lounging, dining, and the like, which has an average elevation of less than thirty (30) inches from finished grade.

Permeable materials.\ A variety of product alternatives to traditional, impervious surface materials which allow for the infiltration of stormwater through the soil to more naturally reduce runoff volumes and filter pollutants. Increased infiltration occurs either through the paving material itself, or through void spaces between individual paving blocks (also called pavers). Materials may include, but are not limited to: Pervious concrete, pervious asphalt, block and concrete modular pavers, and grid pavers.

Permit, building.\ An official document or certification permit that is issued by the building official and which authorizes the construction, alternation, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure. This permit should not be a substitute for a zoning permit.

Permit, conditional use.\ A permit issued by the county board of supervisors authorizing the operation of a use under certain conditions and standards.

Permit, special use.\ A permit issued by the county board of supervisors authorizing a use not otherwise provided for in this ordinance as a permitted or conditional use.

Permit, zoning.\ A permit issued by the zoning administrator that authorizes the recipient to make use of property in accordance with the requirements of this ordinance.

Phase I archeological study.\ A survey of archaeological resources undertaken in accordance with the Secretary of the Interior's Standards and Guidelines (48 FR, 44742) as may be amended and the Guidelines for Conducting Cultural Resource Survey in Virginia prepared by the Virginia Department of Historic Resources, as may be amended.

Photometric plan.\ A diagram consisting of lines showing the relative illumination in foot candles from a light source or group of light sources.

Planning commission.\ The Isle of Wight County Planning Commission.

Porch.\ A projection from a main wall or a building which can be covered, with a roof, or uncovered. The projection may or may not use columns or other ground supports for structural purposes.

Portable on demand storage units.\ Also known as a POD, a large container used for temporary storage. A POD is hauled to the property, loaded with items, hauled from the property and stored in a storage yard.

Poultry.\ Domestic fowl normally raised on a farm such as chickens, ducks, geese and turkeys.

Preliminary and final site development plan.\ Site development plans prepared by a certified or licensed engineer, surveyor, architect or landscape architect, that is required for development proposals outlined in section 7-2004, preliminary and final site development plan requirements.

Principal building or structure.\ A building or structure in which the primary or main use of the property on which the building is located is conducted and distinguished from an accessory or secondary building or structure on the same premises.

Principal use.\ A use which represents the primary or main use of the land or structure which is distinguished from an accessory use on the same premises.

Proffer.\ A condition voluntarily offered by the applicant and owner for a rezoning that limits or qualifies how the property in question will be used or developed.

Public water and sewer system.\ A water or sewer system owned and operated by a municipality or county, or owned and operated by a private individual or a corporation approved by the governing body and properly licensed by the state corporation commission or other applicable agency, and subject to special regulations as herein set forth.

Public way.\ Any sidewalk, street, alley, highway or other public thoroughfare.

Recreation, active.\ Leisure activities, usually organized and performed with others, often requiring equipment and constructed facilities, taking place at prescribed places, sites, or fields. The term active recreation includes, but is not limited to, swimming, tennis, and other court games, baseball and other field sports, golf and playground activities.

Recreation, passive.\ Recreation that involves existing natural resources and has a minimal impact. Such recreation does not require development of the site nor any alternation of existing topography. Such passive recreation shall include, but not be limited to, hiking, picnicking, and bird watching.

Recreational vehicle.\ A vehicle designed to be self-propelled or permanently towable; and not designed for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

Redevelopment.\ The process of using land that contains or previously contained development.

Required open space.\ Any space required in any front, side or rear yard.

Residential plot plan.\ A plan submitted for the construction or location of all new single-family detached dwellings or two-family dwellings on an existing or platted lot. This plan shall meet the requirements of section 7-2002, residential plot plan.

Right-of-way.\ A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other special use.

Road.\ See "street."

Satellite dish antenna.\ See "antenna."

Screening.\ The act of visually shielding or obscuring one (1) abutting or nearby structure or use from another by fencing, walls, berms, or required planted vegetation.

Screen material.\ Materials that have been outlined in article VIII for the screening of service structures, equipment, and/or outdoor storage yards.

Seasonal shading.\ The practice of using plant material to capitalize on solar energy and light for heating and interior lighting purposes. An example would be using deciduous trees near windows to shade afternoon sun in the summer, but allow afternoon sun for heat and light through in the winter.

Service building.\ A building used to house stationary or movable service equipment and mechanical equipment for the maintenance and function of onsite machinery.

Setback.\ The required minimum horizontal distance between the building line and the related front, side, or rear property line. A setback is meant from a street not a driveway.

Setback line.\ A line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side, or rear yard, or the boundary of any public right-of-way whether acquired in fee, easement, or otherwise, or a line otherwise established to govern the location of buildings, structures or uses. Where no minimum front, side, or rear yards are specified, the setback line shall be coterminous with the corresponding lot line.

Shopping center.\ A grouping of architecturally unified and related retail establishments which are planned, developed, owned, and managed as a single operating unit, and which share interconnected walkways and parking areas. The establishments contained within a shopping center are related to each other and the market area served in terms of size, type, location, and market orientation.

Shrub.\ A relatively low growing, woody plant typified by having several permanent stems instead of a single trunk.

Shrub, deciduous.\ Any shrub which sheds its foliage during a particular season of the year.

Shrub, evergreen.\ Any shrub which retains its foliage throughout the entire year.

Simplified site plan.\ A plan submitted for a change or expansion of a commercial, civic, office or industrial use on an existing site and meets the requirements of section 7- 2003.

Site development plan, preliminary/final.\ A plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations pertaining to site plans in this ordinance. Includes lot lines, streets, building sites, reserved open space, buildings, major landscape features, both natural and manmade, and any other requirements outlined by article VII.

Slope.\ The degree of deviation of a surface from the horizontal, usually expressed as a percentage. Slope shall be measured as the vertical rise or fall to horizontal distance of terrain measured perpendicular to the contour lines at horizontal intervals of more than ten (10) feet.

Solar orientation.\ The practice of using building placement and design to capitalize on solar energy and light for heating and interior lighting purposes.

Special flood hazard area.\ The land in the floodplain subject to the one-percent or greater chance of being flooded in any given year.

Specified anatomical area.\ Such areas include less than completely and opaque covered human genitals, pubic region, buttocks, female breasts below a point immediately above the top of the areola, and human male genital in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activity.\ Such activity includes human genitals in a state of sexual stimulation or arousal, an act of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

Start of construction.\ For the purpose of floodplain management, other than new construction and substantial improvement, under the Coastal Barriers Resource Act, means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of pipes, the construction of columns, or any work beyond the state of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration on any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building.

Storage.\ The keeping, either indoors or outdoors, of equipment, vehicles, or supplies used in the conduct of a trade, business, or profession.

Stormwater management.\ For quantitative control, a system of vegetative and structural measures that control the increased volume and rate of surface runoff caused by manmade changes to the land; and for qualitative control, a system of vegetative, structural, and other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff.

Stormwater management practice, nonstructural.\ A stormwater management technique that utilizes the ecological and environmental aspect of a site or area for the collection, conveyance, channeling, holding, retaining, detaining, infiltration, diverting, treating or filtering of surface water, and/or runoff.

Stormwater management practice, structural.\ A stormwater management technique that utilizes a manmade facility and/or apparatus for the collection, conveyance, channeling, holding, retaining, detaining, infiltration, diverting, treating or filtering of surface water, and/or runoff.

Story.\ That portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, the space between the face and the ceiling next above it.

Story, half.\ A space under a sloping roof, which has the line of intersection of roof decking and wall not more than three (3) feet above the top floor level, and in which space more than two-thirds (⅔) of the floor area is finished off for use other than storage.

Street.\ A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. A street serves three (3) or more lots. The word "street" shall include the words "road", and "highway".

Street, arterial.\ A street specifically designed to move high volumes of traffic from collector streets through the county and not designed to serve abutting lots except indirectly through intersecting streets. Arterial streets shall include all U.S. Highways, state primaries with one-, two- or three-digit numbers, and any other street which the subdivision agent determines is functionally equivalent to these transportation department classifications.

Street, collector.\ A relatively low-speed, low-volume street that provides circulation within and between neighborhoods. Collector streets usually serve short trips and are intended for collecting trips from local streets and distributing them to the arterial network. They also form a secondary network of cross county connectivity.

Street, public.\ A public street or street with respect to which an offer of dedication has been made and improvements completed which are consistent with the Isle of Wight County Subdivision Ordinance and the requirements of the Virginia Department of Transportation or a street or portion thereof which is included in the state primary or secondary road system.

Structure.\ Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. Among other things, structures include buildings, mobile and manufactured homes, walls, fences, signs, piers, and swimming pools, etc. For the purpose of floodplain management, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as manufactured home.

Subdivision.\ The division or resubdivision of a lot, tract, or parcel of land by any means into two (2) or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development. The term subdivision shall also mean the following:

1.

Any development of a parcel of land which involves installation of sanitary sewers, water mains, gas mains or pipes, or other appropriate facilities for the use, whether immediate or future, of the owners or occupants of the land, or of the building abutting thereon.

2.

Any development of a parcel of land involving two (2) or more principal structures or involving shopping centers, multiple dwelling projects and the like which require the installation of streets and/or alleys, even though the streets and alleys may be not dedicated to public use and the parcel may be divided for purposes of conveyance transfer or sale.

3.

Any development of a parcel of land involving two (2) or more principal structures or involving shopping centers, multiple dwelling projects and the like which require the installation of streets and/or alleys, even though the streets and alleys may not be dedicated to public use and the parcel may not be dedicated to public use and the parcel may not be divided for purposes of conveyance, transfer or sale.

4.

The term "subdivision" includes re-subdivision, and as appropriate in this ordinance, shall refer to the process of subdividing the land or to the land subdivided.

Substantial damage.\ Damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damaged occurred.

Substantial improvement.\ Damage of any origin sustained by a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. For the purpose of floodplain management, the term does not, however, include either:

1.

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions;

2.

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as historic structure; or

3.

Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined above, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.

Tower.\ Any structure that is intended for transmitting or receiving television, radio, telephone, digital, or other similar communications or is used to support a communication antenna or other similar device.

Tract.\ See "lot."

Traffic impact analysis (TIA).\ An analysis of the effect of traffic generated by a development on the capacity, operations, and safety of the public street and highway system.

Tree, deciduous.\ Any tree which sheds its foliage during a particular season of the year.

Tree, evergreen.\ Any tree which retains its foliage throughout the entire year.

Tree, heritage.\ Any tree or shrub which has been designated by ordinance of the Isle of Wight County Board of Supervisors as having notable historic or cultural significance to any site or which has been so designated in accordance with an ordinance adopted pursuant to Section 15.2-503 of the Code of Virginia, as amended.

Tree, mature.\ Any deciduous or evergreen tree with a minimum diameter of fourteen (14) inches when measured four and one-half (4½) feet above ground level.

Tree, significant.\ Any deciduous or evergreen tree with a minimum diameter of twenty-two (22) inches when measured four and one-half (4½) feet above ground level.

Trip generation.\ The number of trip ends caused, attracted, produced, or otherwise generated by a specific land use, activity, or development in accordance with the latest edition of the trip generation manual, published by the institute of transportation engineers.

Use.\ The purpose or activity, for which a piece of land or its buildings is designed, arranged or intended, or for which it is occupied or maintained.

Use, permitted.\ A use, which may be lawfully established in a particular district or districts, provided it conforms with all regulations, requirements, and standards of this ordinance.

Utility facility.\ Any above or below ground structure or facility (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility for any purpose and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas oil, or electromagnetic signals.

Variance.\ A waiver of the dimensional and numeric requirements of this ordinance approved by the board of zoning appeals in accordance with section 1-1019 of this ordinance.

Vehicle.\ See "motor vehicle."

Vehicle moving area.\ Any area on a site where vehicles park or drive.

Video arcade.\ See "commercial indoor amusement" listed under commercial use types.

Violation.\ For the purpose of floodplain management, the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance as outlined in the floodplain management overlay district regulations.

Watercourse.\ Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash, in and including any area adjacent thereto which is subject to inundation by water.

Wooded area.\ An area of contiguous wooded vegetation where trees are at a density of at least one (1) six-inch or greater diameter at breast height (DBH) tree per three hundred twenty-five (325) square feet of land and where the branches and leaves form a contiguous canopy.

Xeriscaping.\ Site design and/or gardening techniques which may include the use of native and/or drought tolerant plants to create a landscape or environment which does not require any form of supplemental irrigation after twenty-four (24) months from the time of installation.

Yard.\ An open space on the same lot with a building or structure, unoccupied and unobstructed from the ground up, except as otherwise permitted in this ordinance.

Yard, corner side.\ A side yard adjoining a public or private street.

Yard, front.\ A yard extending along the full width of the front lot line between the side lot lines and from the front lot line to the front building line in depth.

Yard, interior side.\ A side yard, which is located immediately adjacent to another lot or to an alley separating such yard from another lot.

Yard, rear.\ A yard extending along the full length of the lot and lying between the rear lot line and the nearest line of the building. Rear yard depth shall be measured at right angles to the rear line of the lot.

Yard, side.\ A yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such front or rear yards, to the front or rear lot lines. Side yard width shall be measured at right angles to side lines of the lot.

Zero lot line.\ The location of a structure on a lot in such a manner that one (1) of the structure's sides rest directly on a lot line.

Zoning administrator.\ The person designated as the official responsible for enforcing and administering all requirements of the Isle of Wight County Zoning Ordinance, or his duly authorized designee.

Zoning, base district.\ Those base underlying zoning districts other than special overlay districts set forth in article IV.

Zoning, planned development district.\ Land area of minimum size, as specified by district regulations, to be planned and developed using a common master zoning plan, and containing one (1) or more uses and appurtenant common areas.

Zoning, special overlay district.\ A district, which is placed over the existing base zoning and imposes additional restrictions and includes all those districts listed as special overlay zoning districts in article IV.

Zoning, underlying district.\ See "zoning, base district." (7-7-05; 8-20-09; 11-4-09; Ord. No. 2013-1-C, 4-18-13; 3-20-14; 5-19-14; 8-21-14; 11-19-15; 8-18-16; 11-17-16; 7-19-18.)