HomeMy WebLinkAbout20120314(N)actions 1
ACTIONS
Board of Supervisors Meeting of March 14, 2012
March 15, 2012
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
Meeting was called to order at 6:03 p.m. by the
Chair, Ms. Mallek. All Board Members were
present. Also present were Tom Foley, Larry
Davis, and Ella Jordan.
4. Adoption of Final Agenda.
Ken Boyd:
Asked to discuss bed and breakfasts in the rural
areas at end of meeting.
CONSENSUS to adopt final agenda.
5. Brief Announcements by Board Members.
Dennis Rooker:
Has a legislative matter to discuss at the end of
the meeting.
Ann Mallek:
Has a question related to shooting regulations in
the growth area to discuss at the end of the
meeting.
6. Recognitions.
a. Proclamation recognizing the 18th Virginia
Festival of the Book.
Chair read and presented to Susan Coleman,
Director, Center for the Book at the Virginia
Foundation for the Humanities.
b. Kathryn Presson as Most Outstanding Fire
Corps Volunteer.
Recognition made.
(Attachment 1)
7. From the Public: Matters not Listed for Public
Hearing on the Agenda.
Nancy Carpenter, a resident of Eagles Landing,
spoke about the Board’s denial of the proposed
Redfields rezoning.
Chris Kopp spoke about the effect of County
taxes on businesses.
Charles Battig spoke about climate control and
ICLEI.
Tom Olivier, Chairman of the Piedmont Group of
the Sierra Club, spoke about conserving natural
resources in the County.
Sally Thomas introduced Professor Michael
Erwin , who was present to speak about climate
change.
Michael Erwin spoke about climate change.
8.1 Approve Plan and Certifications of Compliance
required to receive Community Development Block
Grant (CDBG) Funds.
APPROVED the Local Business and
Employment Plan; AUTHORIZED the County
Executive to execute the Residential Anti-
Displacement and Relocation Assistance Plan
Certification; and AUTHORIZED the County
Executive to execute the Fair Housing
Certification
Ron White: Proceed as approved.
(Attachment 2)
8.2 Lewis and Clark Exploratory Center Enhancement Clerk: Forward copy of signed appropriation
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Grant Reimbursements.
AUTHORIZED the appropriation of $800,000.00
of funds to be received from the Virginia
Department of Transportation Enhancement
Program for reimbursements to be paid to the
Lewis and Clark Exploratory Center for its
Project costs by approving the proposed budget
amendment in the amount of $800,000.00 and
approving Appropriation #2012060
form to OMB, Finance and other appropriate
individuals.
9. Pb. Hrg: To solicit public input on the proposed
Community Development Block Grant (CDBG)
application to be submitted to the Virginia
Department of Housing and Community
Development for the proposed Orchard Acres
Housing Rehabilitation Project and the Scattered
Site Rehabilitation Project.
ADOPTED, by a vote of 6:0, the project
resolutions approving the County’s submission
of the application for the Scattered Site Housing
Rehabilitation Program and the Orchard Acres
Housing Rehabilitation Program; AUTHORIZED
the County Executive to execute the
applications, the required disclosures; and the
required certifications and assurances to be
included in both applications.
Ron White: Proceed as approved.
(Attachment 3)
10. Pb. Hrg: ASCA 2012-01. Charlottesville Volvo.
APPROVED, by a vote of 6:0, amending the
ACSA jurisdictional area boundary to provide
“water and sewer” service to Tax Map 59, Parcel
23B2.
David Benish: Proceed as approve.
11. Pb. Hrg: PROJECT: SP-2011-00022. Verizon
Wireless/Southwest Mountain Tier III Personal
Wireless Service Facility (Sign #48).
APPROVED, by a vote of 6:0, modifications to
Sections 5.1.40(c)(3)1(l), (c)(4) and (c)(5), and
APPROVED SP-2011-00022 subject to four
conditions.
Clerk: Set out condition of approval.
(Attachment 4)
12. Pb. Hrg: PROJECT: SP-2011-00026. New
Cingular Wireless/AT&T-CV429-Tier III (Signs
#24&100).
APPROVED, by a vote of 6:0, modification to
Section 5.1.40 (d)(6), requirement that facility
extend no more than 7 feet above the reference
tree, to permit it to extend 30 feet above the
reference tree, and APPROVED SP-2011-
00026 subject to two conditions.
Clerk: Set out condition of approval.
(Attachment 4)
13. Pb. Hrg: PROJECT: ZMA-2011-00007. Albemarle
Place/Stonefield Proffer Amendment.
APPROVED ZMA-2011-0007, by a vote of 6:0,
subject to the proffers dated March 13, 2012.
Clerk: Set out proffer. (Attachment 4)
14. Pb. Hrg: ZTA-2010-00005. Signs.
ADOPTED ZTA-2010-0005, by a vote of 6:0.
Clerk: Forward copy of adopted ordinance to
Community Development and County
Attorney’s office. (Attachment 5)
15. From the Board: Committee Reports and Matters
Not Listed on the Agenda.
Ann Mallek:
Mentioned problem with shooting of firearms in
Crozet’s growth area on undeveloped land,
zoned R-1. Asked if there are any prohibitions
against this. Mr. Davis commented that the
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County Code prohibits discharging of firearms in
area zoned residential.
Dennis Rooker:
Discussed information received from the High
Growth Coalition asking localities to oppose the
2012 Omnibus Transportation Bill, and asked if
Board members support sending letter to
Governor asking him to not sign bill. Board
members decided they would send their own
individual letters.
Ken Boyd:
Discussed the issue of changes to the Comp
Plan that would open up commerce in the rural
areas, i.e., B&Bs, farm wineries, etc. Also,
asked for information relative to the distillation of
waste products.
Christopher Dumler:
At the Board’s request the Natural Heritage
Committee has prepared a recommended
species list.
Rodney Thomas:
Announced the community meeting concerning
Rockydale Quarry on March 15, 2012, 6:00
p.m., at the Hollymead Fire Station
Clerk: Forward copy to Board members.
16. Adjourn to March 28, 2012.
At 8:21 p.m., the Board adjourned to March 28,
2012, 6:00 p.m., Lane Auditorium .
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Attachment 1 – Virginia Festival of the Book Proclamation
Attachment 2 – Plan and Certifications of Compliance required to receive Community Development Block
Grant (CDBG) Funds
Attachment 3 – CDBG Resolutions
Attachment 4 – Conditions of approval on Planning items
Attachment 5 – Ordinance - ZTA-2010-00005
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ATTACHMENT 1
VIRGINIA FESTIVAL OF THE BOOK
WHEREAS, Albemarle County is committed to promoting reading, writing, and storytelling within and
outside its borders; and
WHEREAS, our devotion to literacy and our support of literature has attracted over 1,000 writers and tens
of thousands of readers to our VIRGINIA FESTIVAL OF THE BOOK; and
WHEREAS, the VIRGINIA FESTIVAL OF THE BOOK celebrates the power of books and publishing; and
WHEREAS, businesses, cultural and civic organizations, and individuals have contributed to the ongoing
success of the VIRGINIA FESTIVAL OF THE BOOK; and
WHEREAS, the citizens of the County of Albemarle and Virginia, and the world, have made the
VIRGINIA FESTIVAL OF THE BOOK the best book festival in the country;
NOW, THEREFORE, I, Ann Mallek, Chair, on behalf of the Albemarle Board of County Supervisors, do
hereby proclaim Wednesday, March 21, 2012 through Sunday, March 25,
2012 as the Eighteenth Annual
VIRGINIA FESTIVAL OF THE BOOK
and encourage community members to participate fully in the wide range of
available events and activities.
Signed and sealed this 14th day of March, 2012.
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ATTACHMENT 2
LOCAL (SECTION 3) COUNTY BUSINESS AND EMPLOYMENT PLAN
1. The County of Albemarle designates as its Section 3 Business and Employment Project Area the
County of Albemarle.
2. The County of Albemarle, its contractors, and designated third parties shall in utilizing Community
Development Block Grant (CDBG) funds utilize businesses and low-income residents of the
Section 3 County in carrying out all activities, to the greatest extent feasible. The Grantee will
request all contractors and subcontractors both construction and non -construction to verify their
eligibility as a Section 3 Business. The Grantee will monitor for Section 3 compliance all
contracts in excess of $100,000 relative to new hires with a goal of 30% low income
representation and subcontracting with a goal of 10% low income repr esentation.
3. In awarding contracts for construction and non-construction the County of Albemarle, its
contractors, and designated third parties shall take the following steps to utilize businesses which
are located in or owned in substantial part by persons residing in the Section 3 County:
(a) The County of Albemarle has identified the following contracts as necessary to complete
the CDBG activities.
Construction trades associated with the repair and reconstruction of single-family
residential property.
(b) The County of Albemarle shall identify through various and appropriate sources including:
The Daily Progress
the Section 3 Business concerns within the Section 3 County which are likely to provide
construction contracts and non-construction contracts for services which will be utilized in the
activities funded through the CDBG.
(c) The identified Section 3 Business concerns shall be included on bid lists used to obtain
bids, quotes or proposals for work which will utilize CDBG funds.
(d) To the greatest extent feasible the identified Section 3 Business concerns and any other
project area business concerns shall be utilized in activities which are funded with CDBG
assistance.
4. The County of Albemarle and its covered contractors (those awarded a contract for $100,000 or
more) shall take the following steps to encourage the hiring of low-income persons residing in the
Section 3 County:
(a) The County of Albemarle in consultation with its contractors (including design
professionals) shall ascertain the types and number of positions for both trainees and
employees which are likely to be used to conduct CDBG activities.
(b) The County of Albemarle shall advertise through the following sources:
Virginia Employment Commission
The Daily Progress
the availability of such positions with the information on how to apply.
(c) The County of Albemarle, its covered contractors, and subcontractors shall be required to
maintain a record of inquiries and applications by project area residents who respond to
advertisements, and shall maintain a record of the status of such inquires and
applications.
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(d) To the greatest extent feasible, the County of Albemarle, its covered contractors, and
subcontractors shall hire low-income project area residents (Section 3 Residents) in filling
training and employment positions necessary for implementing activities funded by
CDBG activities.
5. In order to document compliance with the above affirmative actions and Section 3 of the Housing
and Community Development Act of 1974, as amended, the County of Albemarle shall keep, and
obtain from its covered contractors and subcontractors, Registers of Contractors, Subcontractors
and Suppliers and Registers of Assigned Employees for all activities funded by the Block Grant.
Such listings shall be completed and shall be verified by site visits and employee interviews,
crosschecking of payroll reports and invoices, and through audits if necessary.
6. The County of Albemarle, its covered contractors, and subcontractors shall designate a Section 3
Coordinator to ensure compliance with this regulation. The Section 3 Coordinator for the County
of Albemarle shall be the Chief of Housing throughout the course of this active CDBG agreement.
7. The County of Albemarle, its covered contractors, and subcontractors shall create and maintain a
Section 3 Directory of all Section 3 Business concerns within the geographic area that perform
the work needed to complete this community development agreement.
8. The County of Albemarle shall report annually to DHCD on the numerical goals and dollar
amounts awarded to Section 3 Residents and Section 3 Business concerns using HUD form
60002.
*****
RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN CERTIFICATION
The County of Albemarle will replace all occupied and vacant occupiable low/moderate -income dwelling
units demolished or converted to a use other than as low/moderate income dwelling unit as a direct result
of activities assisted with funds provided under the Housing and Community Development Act of 1974, as
amended. All replacement housing will be provided within three (3) years of the commencemen t of the
demolition or rehabilitation relating to conversion.
Before obligating or expending funds that will directly result in such demolition or conversion , the County
of Albemarle will make public and advise the state that it is undertaking such an activity and will submit to
the state, in writing, information that identifies:
1. A description of the proposed assisted activity;
2. The general location on a map and approximate number of dwelling units by size (number of
bedrooms) that will be demolished or converted to a use other than as low/moderate -income
dwelling units as a direct result of the assisted activity;
3. A time schedule for the commencement and completion of the demolition or conversion;
4. The general location on a map and approximate number of dwelling units by size (number of
bedrooms) that will be provided as replacement dwelling units;
5. The source of funding and a time schedule for the provision of replacement dwelling units;
6. The basis for concluding that each replacement dwelling unit will remain a low/moderate -income
dwelling unit for at least 10 years from the date of initial occupancy; and
7. Information demonstrating that any proposed replacement of dwelling units with smaller dwelling
units is consistent with the housing needs of low- and moderate- income households in the
jurisdiction.
The County of Albemarle will provide relocation assistance to each low/moderate – income household
displaced by the demolition of housing or by the direct result of assisted activities. Such assistance shall
be that provided under Section 104 (d) of the Housing and Community Development Act of 1974, as
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amended, or the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
The County of Albemarle FY12 projects include the following activities:
Rehabilitation of single-family houses in the Orchard Acres subdivision in Crozet. These activities
are not expected to cause displacement.
Reconstruction of two houses, one in Afton and one in Scottsville. One family will stay with other
family members during construction. The other family will be able to remain in their current home
while the new one is constructed.
The activities as planned will not cause any displacement from or conversion of occupiable structures. As
planned, the project calls for the use of existing right -of-way or easements to be purchased or the
acquisition of tracts of land that do not contain housing. The County of Albemarle will work with the grant
management staff, engineers, project area residents, and the Department of Housing and Community
Development to insure that any changes in project activities do not cause any displacement from or
conversion of occupiable structures.
In all cases, an occupiable structure will be defined as a dwelling that meets local building codes or a
dwelling that can be rehabilitated to meet code for $25,000 or less.
*****
Fair Housing Certification
Compliance with Title VIII of the Civil Rights Act of 1968
Whereas, the County of Albemarle has been offered and intends to accept federal funds
authorized under the Housing and Community Development Act of 1974, as amended, and
Whereas, recipients of funding under the Act are required to take ac tion to affirmatively further fair
housing;
Therefore, the County of Albemarle agrees to take at least one action to affirmatively further fair
housing each grant year, during the life of its project funded with Community Development Block Grant
funds. The action taken will be selected from a list provided by the Virginia Department of Housing and
Community Development.
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ATTACHMENT 3
RESOLUTION
WHEREAS, the County of Albemarle is committed to ensuring that safe, decent, affordable, and
accessible housing is available for all residents and improving the livability of all neighborhoods; and
WHEREAS, pursuant to Public Hearings held January 4, 2012 and March 14, 2012 the County of
Albemarle, on behalf of the Albemarle Housing Improvement Program (AHI P), wishes to apply for
$$164,084.78 in Community Development Block Grant funds to support the substantial reconstruction of
two owner-occupied houses both of which are low- and moderate-income; and
WHEREAS, resources in the amount of $8,227.93 will be provided by the AHIP; and
WHEREAS, the two projects have been reviewed by the Virginia Department of Housing and
Community Development (VDHCD); and
WHEREAS, VDHCD invited Albemarle County as one of five (5) jurisdictions to submit
applications for its demonstration program for Scattered Site Housing Rehabilitation; and
WHEREAS, the projected benefits of the project include:
Substantial reconstruction (replacement) of two substandard, dilapidated houses both of
which are without bathrooms; and
The replacement houses will benefit two (2) people.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County
hereby authorizes the County Executive to sign and submit all necessary and appropriate documents for
the Scattered Site Housing Rehabilitation application under the Virginia Community Development Block
Grant program.
*****
RESOLUTION
WHEREAS, the County of Albemarle is committed to ensuring that safe, decent, affordable, and
accessible housing is available for all residents and improving the livability of all neighborhoods; and
WHEREAS, pursuant to Public Hearings held January 4, 2012 and March 14, 2012 the County of
Albemarle wishes to apply for $700,000 in Community Development Block Grant funds to support the
rehabilitation of 25 to 30 houses in the Orchard Acres Subdivision in Crozet; and
WHEREAS, local resources in the amount of $160,000 will be provided by the County, $130,000
of which is a portion of the County’s annual operating support for the Albemarle Housing Impr ovement
Program (AHIP) and $30,000 from available proffer funds designated for affordable housing initiatives;
and
WHEREAS, the County will execute an agreement with AHIP to implement the day-to-day
operations of the grant while the County will maintain a dministrative and fiscal responsibilities; and
WHEREAS, VDHCD provided a $30,000 Planning Grant to the County to complete a housing
and infrastructure assessment of Orchard Acres; and
WHEREAS, the assessment identified over 40 eligible properties in need of system repair and
replacement, structural repairs, energy efficient improvements and accessibility improvements that will
benefit approximately 66 individuals.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County
hereby authorizes the County Executive to sign and submit all necessary and appropriate documents for
the Orchard Acres Housing Rehabilitation application under the Virginia Community Development Block
Grant program.
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ATTACHMENT 4
CONDITIONS OF APPROVAL
SP-2011-00022. Verizon Wireless
1. Development and use shall be in general accord with what is described in the applicant's request
and site plans, entitled “Southwest Mountain LTE 4G Upgrade”, with a final zoning drawing
submittal date of 11/10/11 (hereafter “Conceptual Plan”), as determined by the Director of
Planning and Zoning Administrator. To be in accord with the Conceptual Plan, development and
use shall reflect the following major elements within the development essential to the design of
the development, as shown on the Conceptual Plan:
– Height
– Mounting type
– Antenna type
– Number of antenna
– Color
– Location of ground equipment and fencing
Minor modifications to the plan which do not conflict with the elements above may be made to
ensure compliance with the Zoning Ordinance;
2. The monopole shall not be increased in height above the existing two-hundred sixty (260) feet
above ground level (AGL).
3. Equipment shall be attached to the exterior of a structure only as follows: (i) The total number of
arrays of antennas attached to the existing structure shall not exceed six (6), and each antenna
proposed to be attached under the pending application shall not exceed the size shown on the
application, which size shall not exceed one thousand one hundred fifty two (1,152) square
inches.
4. Prior to issuance of a building permit, the owner of the facility shall submit an updated report to
the agent identifying each user of the tower to be updated annually between May 1 and July 1 in
accordance with the requirements of Section 5.1.40(c)(7).
_____
SP-2011-00026. New Cingular Wireless
1. Development and use shall be in general accord with the conceptual plan titled “CV429” prepared
by O. Warren Williams, Jr., and dated 10-10-11 (hereafter “Conceptual Plan”), as determined by
the Director of Planning and the Zoning Administrator. To be in accord with the Conceptual Plan,
development and use shall reflect the following major elements within the development essential
to the design of the development, as shown on the Conceptual Plan:
a) Height
b) Mounting type
c) Antenna type
d) Number of antennae
e) Distance above reference tree
f) Color
g) Location of ground equipment
Minor modifications to the plan which do not conflict with the elements above may be made to
ensure compliance with the Zoning Ordinance.
2. Entrance design and location must be approved by the Virginia Department of Transportation
before construction of the access road for this use may commence.
_____
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ATTACHMENT 5
ORDINANCE NO. 12-18(2)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, AND
ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article II, Basic Regulations, and Article III, District Regulations, are hereby amended and
reordained as follows:
By Amending:
Sec. 4.15.1 Purpose and intent
Sec. 4.15.2 Definitions
Sec. 4.15.4 Signs authorized by sign permit
Sec. 4.15.6 Signs exempt from the sign permit requirement
Sec. 4.15.7 Prohibited signs and sign characteristics
Sec. 4.15.8 Regulations applicable in the MHD, RA, VR, R-1 and R-2 zoning districts
Sec. 4.15.9 Regulations applicable in the R-4 and R-6 zoning districts
Sec. 4.15.11 Regulations applicable in the PUD, DCD and NMD zoning districts
Sec. 4.15.12 Regulations applicable in the C-1 and CO zoning districts
Sec. 4.15.13 Regulations applicable in the HC, PD-SC and PD-MC zoning districts
Sec. 4.15.14 Regulations applicable in the HI, LI and PD-IP zoning districts
Sec. 4.15.15 Regulations applicable in the entrance corridor overlay district
Sec. 30.6.4 Certificates of appropriateness
Sec. 30.6.5 Development exempt from requirement to obtain certificate of appropriateness
By Adding:
Sec. 4.15.4A Signs authorized by temporary sign permit
Chapter 18. Zoning
Article II. Basic Regulations
Sec. 4.15.1 Purpose and intent
The purpose and intent of this section 4.15 include, but are not limited to, the following:
a. The board of supervisors finds that signs are a separate and distinct use of the property upon
which they are located and affect the uses and users of adjacent streets, sidewalks and other
areas open to the public; that signs are an important means of communication for businesses,
organizations, individuals and government; and that the unregulated erection and display of signs
constitute a public nuisance detrimental to the health, safety, convenience and general welfare of
the public. Therefore, the purpose of this section 4.15 is to establish reasonable regulations
pertaining to the time, place and manner in which outdoor signs and window signs may be
erected and maintained in order to:
1. Promote the general health, safety and welfare, including the creation of an attractive and
harmonious environment;
2. Protect the public investment in the creation, maintenance, safety and appearance of its
streets, highways and other areas open to the public;
3. Improve pedestrian and vehicular safety by avoiding satura tion and confusion in the field
of vision that could otherwise result if such signs were not regulated as provided herein;
and
4. Protect and enhance the county's attractiveness to tourists and other visitors as sources
of economic development.
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b. The board of supervisors finds that the regulations in this section 4.15 advance the significant
governmental interests identified herein and are the minimum amount of regulation necessary to
achieve them.
c. Signs are classified and regulated in this section 4.15 by their purpose (e.g., bonus tenant panel),
physical type (e.g., freestanding sign), location (e.g., off-site sign) and characteristics (e.g.,
illuminated sign). By classifying and regulating signs by their purpose, the board of supervisors
does not intend to regulate their content and, more specifically, any particular viewpoint, but
rather intends to create a reasonable classification by which to regulate the time, place and
manner of signs.
d. The regulations in this section 4.15 shall apply to all outdoor signs and window signs. Each sign
subject to this section 4.15 shall comply with all regulations applicable to that sign.
(12-10-80; 7-8-92, § 4.15.01; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.2 Definitions
The following definitions shall apply in the interpretation and implementation of this section 4.15:
. . .
(8.1) Bonus tenant panel: The term “bonus tenant panel” means an additional sign permitted for
individual tenants in shopping centers or planned developments when added to one freestanding
sign for the shopping center or planned development.
. . .
(14.1) Cornice line. The term “cornice line” means the location of a cornice along the top of a wall; or,
for a wall that has no cornice, the corresponding horizontal line along the top of a wall where a
cornice would traditionally be located. In all cases, the “cornice line” applies to the main walls of
a building and does not apply to features that extend above the top of the main walls of a
building.
. . .
(16) Electric message sign. The term “electric message sign” means a sign on which the copy can be
changed or altered by electric, electro-mechanical or electronic means.
. . .
(35) Off-site sign. The term “off-site sign” means: (i) within a zoning district other than a planned
development, a sign that is not located on the same lot with the use to wh ich it pertains, but does
not include a sign located in a public right-of-way; or (ii) within a planned development zoning
district, a sign that is not located within the area depicted on the application plan approved for the
planned development, but does not include a sign located in a public right-of-way.
. . .
(12-10-80; 7-8-92, § 4.15.03; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05; Ord. 10-18(1), 1-13-10; Ord.
10-18(3), 5-5-10; Ord. 10-18(5), 5-12-10)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.4 Signs authorized by sign permit
Except for temporary signs subject to the permitting requirements of section 4.15.4A, signs exempt from
this section under section 4.15.6 or nonconforming signs subject to section 4.15.24, a sign permit shall be
required for each sign prior to its erection, alteration, replacement or relocation, as provided herein:
a. Application. An application for a sign permit shall be submitted to the department of community
development, together with payment of the fee required for the application pursuant to sectio n
35.1 of this chapter. A complete application shall consist of the following:
1. A fully completed application form, provided to the applicant by the zoning administrator;
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2. A schematic legibly drawn to scale and sufficiently detailed showing the location and
dimensions of the sign; and
3. Any plans, specifications and details pertaining to, among other things, the sign
materials, the methods of illumination, methods of support, components, and the
condition and age of the sign, as determined by the zoning administrator to be necessary
for the review of the application.
b. Application review and permit issuance. A sign permit application shall be reviewed and acted
upon by the zoning administrator only as provided herein:
1. Timing of application. An application for a sign permit may be filed at any time, and if a
special use permit for the sign is required under section 4.15.5 or a certificate of
appropriateness for the sign is required under section 4.15.15 and section 30.6 of this
chapter, the application may be filed with or any time after the application for the special
use permit or certificate of appropriateness is filed.
2. Action on application. Within thirty (30) days after receipt of a complete sign permit
application, the zoning administrator shall review the application and either: (i) approve
the application; (ii) deny the application; or (iii) refer the application to the applicant for
more information as may be required by section 4.15.4(a)(3). An application shall be
denied only if the proposed sign is a prohibited sign, does not comply with the regulations
set forth in this section 4.15 or, a required special use permit or certificate o f
appropriateness for the sign was not granted. If the application is denied, the reasons
shall be specified in writing.
3. Failure to timely act. If the zoning administrator fails to take one of the actions described
herein within thirty (30) days of receipt of a complete sign permit application, the permit
shall be deemed approved as received.
c. Administration. A sign permit shall become null and void if the use to which the sign permit
pertains is not commenced within six (6) months after the date the sign permit, special use permit
or certificate of appropriateness is issued, whichever is later or, if the sign contains exclusively
noncommercial copy, the sign is not erected within six (6) months after the date the sign permit is
issued. Upon written request by the permittee and upon good cause shown, the zoning
administrator may grant an extension of the six (6)-month period.
(12-10-80; 7-8-92, §§ 4.15.09, 4.15.09.1, 4.15.09.2, 4.15.09.3; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code §§ 15.2-2280, 15.2-2286.
Sec. 4.15.4A Signs authorized by temporary sign permit
A permit shall be required for each temporary sign (hereinafter, a “temporary sign permit”), prior to its
erection, alteration, replacement or relocation, as provided herein:
a. Application. An application for a temporary sign permit shall be submitted to the department of
community development, together with payment of the fee required for the application pursuant to
section 35.1 of this chapter, and comply with the application requirements of subsection
4.15.4(a).
b. Application review and permit issuance. A temporary sign permit application shall be reviewed
and acted upon by the zoning administrator only as provided herein:
1. Action on application. Within seven (7) days after receipt of a complete application, the
zoning administrator shall either: (i) approve the application; (ii) deny the application; or
(iii) refer the application to the applicant for more information as may be required by
section 4.15.4(a)(3). An application shall be denied only if the proposed temporary sign
is a prohibited sign or does not comply with the regulations set forth in this section 4.15.
If the application is denied, the reasons shall be specified in writing.
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2. Failure to timely act. If the zoning administrator fails to take one of the actions described
herein within seven (7) days after receipt of a complete sign application for a temporary
sign, the permit shall be deemed approved as received.
c. Administration. The following regulations shall apply to the administration of temporary sign
permits:
1. Number of permits. No more than six (6) temporary sign permits shall be issued by the
zoning administrator to the same establishment in any calendar year.
2. Period of validity. Each temporary sign permit shall be valid for a period not to exceed
fifteen (15) consecutive days after the erection of the sign, provided that a temporary sign
permit issued while a permanent sign is being made may be valid for longer than fiftee n
(15) days until the permanent sign is erected.
3. Aggregate duration for temporary signs in calendar year. Temporary signs shall not be
erected at an establishment for more than sixty (60) days, in the aggregate, in a calendar
year.
4. Portable signs; stabilization. A temporary sign that is a portable sign shall be stabilized
so as not to pose a danger to public safety. Prior to the sign being erected, the zoning
administrator shall approve the method of stabilization.
d. Exemptions. A temporary sign permit is not required for a sign exempt from the sign permit
requirement under section 4.15.6 or nonconforming signs subject to section 4.15.24.
Sec. 4.15.6 Signs exempt from the sign permit requirement
The following signs are exempt from the requirement to obtain a sign permit under section 4.15.4 and a
temporary sign permit under section 4.15.4A, provided that they comply with the regulations set forth
below and all other applicable regulations of this section 4.15. A sign exempt from the r equirements to
obtain permits under sections 4.15.4 and 4.15.4A is not exempt from the requirement to obtain a special
use permit under section 4.15.5 if required.
. . .
(7) Home occupation class B or major home occupation sign. A home occupation class B or major
home occupation sign that does not exceed four (4) square feet in sign area.
. . .
(18) Window sign. A permanent window sign, provided that the aggregate area of all window signs on
each window or door does not exceed twenty-five percent (25%) of the total area of the window
or door. (Amended 3-16-05)
. . .
(12-10-80; 7-8-92, § 4.15.04; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05; Ord. 10-18(4), 5-5-10)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.7 Prohibited signs and sign characteristics
Notwithstanding any other provision of this section 4.15, the following signs and sign characteristics are
prohibited in all zoning districts:
. . .
b. Signs with characteristics that create a safety hazard or are contrary to the general welfare.
Signs whose construction, design, location or other physical characteristic create a safety hazard
or are contrary to the general welfare, as follows:
. . .
7. Sign that obstructs vision. A sign that obstructs free or clear vision, or otherwise causes
a safety hazard for vehicular, bicycle, or pedestrian traffic due to its location, shape,
26
illumination or color; and window signs whose aggregate area on a window or door
exceed twenty-five percent (25%) of the total area of the window or door. (Amended 3-
16-05)
. . .
(12-10-80; 7-8-92, § 4.15.06; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.8 Regulations applicable in the MHD, RA, VR, R-1 and R-2 zoning districts
The following regulations pertaining to the number of signs permitted per lot or establishment, the sign
area, sign height, and setback requirements shall apply to each sign for which a sign permit is required
within the Monticello Historic District (MHD), Rural Areas (RA), Village Residential (VR) and Residential
(R-1 and R-2) zoning districts:
Sign Type Number of Signs Allowed Sign Area
(Maximum)
Sign Height
(Maximum)
Sign
Setback
(Minimum)
Directory 1 or more per establishment,
as authorized by zoning administrator
24 square feet,
aggregated 6 feet 5 feet
Freestanding
1 per street frontage, or 2 per entrance,
per lot with 100 or more feet of
continuous street frontage, plus 1 per
lot if the lot is greater than 4 acres and
has more than 1 approved entrance on
its frontage
24 square feet,
aggregated; if more than
1 sign, no single sign
shall exceed 12 square
feet
10 feet 5 feet
Subdivision 2 per entrance per subdivision
24 square feet,
aggregated, per
entrance
6 feet 5 feet
Temporary 1 per street
frontage per establishment 24 square feet
10 feet, if
freestanding sign; 20
feet, if wall sign, but
not to exceed the
top of the fascia or
mansard
5 feet
Wall
As calculated pursuant to section
4.15.20
40 square feet,
aggregated in the RA
zoning district; 20
square feet, aggregated,
in other zoning districts
20 feet
Same as that
applicable to
structure
(12-10-80; 7-8-92, § 4.15.12.1; Ord. 01-18(3), 5-9-01; Ord. 05-18(5), 6-8-05)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.9 Regulations applicable in the R-4 and R-6 zoning districts
The following regulations pertaining to the number of signs permitted per lot or establishment, the sign
area, sign height, and setback requirements shall apply to each sign for which a sign permit is required
within the Residential (R-4 and R-6) zoning districts:
Sign Type Number of Signs Allowed Sign Area
(Maximum)
Sign Height
(Maximum)
Sign
Setback
(Minimum)
Directory 1 or more per establishment,
as authorized by zoning administrator
24 square feet,
aggregated 6 feet 5 feet
Freestandin
g
1 per street frontage, or 2 per entrance,
per lot with 100 or more feet of continuous
street frontage plus 1 per lot if the lot is
greater than 4 acres and has more than 1
approved entrance on its frontage
24 square feet,
aggregated; if more than
1 sign, no single sign
shall exceed 12 square
feet
10 feet 5 feet
Projecting 1 per street frontage 24 square feet
20 feet, but not to
exceed the top of the
fascia or mansard
Not applicable
Subdivision 2 per entrance per subdivision
24 square feet,
aggregated, per
entrance
6 feet 5 feet
27
Temporary 1 per street
frontage per establishment 24 square feet
10 feet, if freestanding
sign; 20 feet, if wall
sign, but not to
exceed the top of the
fascia or mansard
5 feet
Wall As calculated pursuant to section 4.15.20 20 square feet,
aggregated 20 feet
Same as that
applicable to
structure
(12-10-80; 7-8-92, § 4.15.12.2; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.11 Regulations applicable in the PUD, DCD and NMD zoning districts
The following regulations pertaining to the number of signs permitted per lot or establishment, the sign
area, sign height, and setback requirements shall apply to each sign for which a sign permit is required
within the Planned Unit Development (PUD), Downtown Crozet (DCD) and Neighborhood Model (NMD)
zoning districts:
Sign Type Number of Signs Allowed Sign Area
(Maximum)
Sign Height
(Maximum)
Sign
Setback
(Minimum)
Directory 1 or more per establishment,
as authorized by zoning administrator 24 square feet, aggregated 6 feet 5 feet
Freestanding
1 per street frontage, or 2 per
entrance, per lot with 100 or more feet
of continuous street frontage plus 1
per lot if the lot is greater than 4 acres
and has more than 1 approved
entrance on its frontage
32 square feet, aggregated,
plus bonus tenant panels as
provided in section
4.15.16(b); if more than 1
sign at an entrance, no
single sign shall exceed 16
square feet
12 feet 5 feet
Projecting 1 per street frontage 24 square feet
30 feet, but not to
exceed the top of
the fascia or
mansard
Not applicable
Subdivision 2 per entrance per subdivision 24 square feet, aggregated,
per entrance 6 feet 5 feet
Temporary 1 per street
frontage per establishment 24 square feet
12 feet, if
freestanding sign;
20 feet, if
residential wall
sign; 30 feet if
nonresidential wall
sign, but not to
exceed the cornice
line
5 feet
Wall
As calculated pursuant to section
4.15.20
1.5 square feet per 1 linear
foot of establishment
structure frontage, not to
exceed 32 square feet if
residential wall sign, or 100
square feet if nonresidential
wall sign
Not to exceed the
cornice line
Same as that
applicable to
structure
One (1) sandwich board sign is permitted for each establishment, subject to the requirements of section
4.15.16(i).
(12-10-80; 7-8-92, § 4.15.12.4; Ord. 01-18(3), 5-9-01; Ord. 03-18(2), 3-19-03; Ord 10-18(1), 1-13-10)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.12 Regulations applicable in the C-1, CO and HC zoning districts
The following regulations pertaining to the number of signs permitted per lot or establishment, the sign
area, sign height, and setback requirements shall apply to each sign for which a sign permit is required
within the Commercial (C-1), Commercial Office (CO) and Highway Commercial (HC) zoning districts:
28
Sign Type Number of Signs Allowed Sign Area
(Maximum)
Sign Height
(Maximum)
Sign
Setback
(Minimum)
Directory 1 or more per establishment,
as authorized by zoning administrator
24 square feet,
aggregated 6 feet 5 feet
Freestanding
1 per street frontage, or 2 per entrance,
per lot with 100 or more feet of
continuous street frontage plus 1 per lot
if the lot is greater than 4 acres and has
more than 1 approved entrance on its
frontage
32 square feet,
aggregated, plus bonus
tenant panels as
provided in section
4.15.16(b); if more than
1 sign at an entrance, no
single sign shall exceed
16 square feet
12 feet 5 feet
Projecting* 1 per street frontage 32 square feet
30 feet, but not to
exceed the top of
the fascia or
mansard
Not applicable
Temporary 1 per street
frontage per establishment 32 square feet
12 feet, if
freestanding sign; 30
feet if wall sign, but
not to exceed the
cornice line
5 feet
Wall* As calculated pursuant to section
4.15.20
1.5 square feet per 1
linear foot of
establishment structure
frontage, not to exceed
100 square feet
Not to exceed the
cornice line
Same as that
applicable to
structure
*Each establishment may have both a projecting sign and a wall sign. If the establishment has both such
signs, the allowed sign area of the wall sign shall be reduced by the sign area of the projecting sign
(which may not exceed thirty-two (32) square feet).
(12-10-80; 7-8-92, § 4.15.12.5; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.13 Regulations applicable in the PD-SC and PD-MC zoning districts
The following regulations pertaining to the number of signs permitted per lot or establishment, the sign
area, sign height, and setback requirements shall apply to each sign for which a sign permit is required
within the Planned Development-Shopping Center (PD-SC) and Planned Development-Mixed
Commercial (PD-MC) zoning districts:
Sign Type Number of Signs Allowed
Sign Area
(Maximum)
Sign Height
(Maximum)
Sign
Setback
(Minimum)
Directory 1 or more per establishment,
as authorized by zoning administrator
24 square feet,
aggregated 6 feet 5 feet
Freestanding
1 per street frontage, or 2 per entrance,
per lot with 100 or more feet of
continuous street frontage plus 1 per lot
if the lot is greater than 4 acres and has
more than 1 approved entrance on its
frontage
32 square feet,
aggregated, plus bonus
tenant panels as
provided in section
4.15.16(b); if more than
1 sign at an entrance, no
single sign shall exceed
16 square feet
16 feet 5 feet
Projecting* 1 per street frontage 32 square feet
30 feet, but not to
exceed the top of
the fascia or
mansard
Not applicable
Temporary 1 per street
frontage per establishment 32 square feet
12 feet, if
freestanding sign; 30
feet if wall sign, but
not to exceed the
cornice line
5 feet
Wall* As calculated pursuant to section
4.15.20
1.5 square feet per 1
linear foot of
establishment structure
frontage, not to exceed
200 square feet
Not to exceed the
cornice line
Same as that
applicable to
structure
29
*Each establishment may have both a projecting sign and a wall sign. If the establishment has both such
signs, the allowed sign area of the wall sign shall be reduced by the sign area of the projecting sign
(which may not exceed thirty-two (32) square feet.
One (1) sandwich board sign is permitted for each establishment, subject to the requirements of section
4.15.16(i).
(12-10-80; 7-8-92, § 4.15.12.6; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.14 Regulations applicable in the HI, LI and PD-IP zoning districts
The following regulations pertaining to the number of signs permitted per lot or establishment, the sign
area, sign height, and setback requirements shall apply to each sign for which a sign permit is required
within the Heavy Industry (HI), Light Industry (LI) and Planned Development-Industrial Park (PD-IP)
zoning districts.
Sign Type Number of Signs Allowed Sign Area
(Maximum)
Sign Height
(Maximum)
Sign
Setback
(Minimum)
Directory
1 or more per establishment,
as authorized by zoning administrator
24 square feet,
aggregated 6 feet 5 feet
Freestanding
1 per street frontage, or 2 per entrance,
per lot with 100 or more feet of
continuous street frontage plus 1 per lot
if the lot is greater than 4 acres and has
more than 1 approved entrance on its
frontage
32 square feet,
aggregate, plus bonus
tenant panels as
provided in section
4.15.16(b); if more than
1 sign at an entrance, no
single sign shall exceed
16 square feet
16 feet 5 feet
Projecting* 1 per street frontage 32 square feet
30 feet, but not to
exceed the top of
the fascia or
mansard
5 feet
Temporary 1 per street
frontage per establishment 32 square feet
12 feet, if
freestanding sign; 30
feet if wall sign, but
not to exceed the
cornice line
5 feet
Wall* As calculated pursuant to section
4.15.20
1.5 square feet per 1
linear foot of
establishment structure
frontage, not to exceed
200 square feet
Not to exceed the
cornice line
Same as that
applicable to
structure
*Each establishment may have both a projecting sign and a wall sign. If the establishment has both such
signs, the allowed sign area of the wall sign shall be reduced by the sign area of the projecting sign
(which may not exceed thirty-two (32) square feet).
Within the PD-IP zoning district, one (1) sandwich board sign is permitted for each establishment, subject
to the requirements of section 4.15.16(i).
(12-10-80; 7-8-92, § 4.15.12.7; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.15 Regulations applicable in the entrance corridor overlay district
In addition to all other regulations set forth in this section 4.15, the following regulations shall apply within
the entrance corridor overlay zoning district:
a. Certificate of appropriateness required. Prior to the erection of a sign that would be visible from
an entrance corridor street, the owner or lessee of the lot on which the sign will be located shall
obtain a certificate of appropriateness for that sign unless the sign is exempt under section
30.6.5(d).
30
b. Authority and procedure for acting upon application for certificate of appropriateness. The
authority and procedure for acting upon an application for a certificate of appropriateness for a
sign shall be as set forth in section 30.6.
c. Opaque backgrounds. All internally illuminated box-style and cabinet-style signs shall have an
opaque background.
(12-10-80; 7-8-92, § 4.15.12.8; Ord. 01-18(3), 5-9-01; Ord. 10-18(5), 5-12-10)
State law reference – Va. Code §§ 15.2-2280, 15.2-2286.
Sec. 4.15.16 Regulations applicable to certain sign types
In addition to all other regulations set forth in this section 4.15, the following regulations apply to the sign
types identified herein:
. . .
b. Bonus tenant panels. In each shopping center exceeding fifty thousand (50,000) square feet in
gross floor area: (i) one (1) bonus tenant panel shall be permitted for each fifty thousand (50,000)
square feet in gross floor area, not to exceed four (4) bonus tenant panels at the shopping center;
and (ii) no bonus tenant panel shall exceed eight (8) square feet in sign area.
. . .
i. Sandwich board signs. Sandwich board signs shall be subject to the following: (1) the sign shall
not exceed four (4) feet in height, two (2) feet in width or eight (8) square feet of area per sign
face; (2) if the sign is placed on a sidewalk or any other public pedestrian right-of-way, it shall be
placed in a location that provides a contiguous and unobstructed pedestrian passageway at least
three (3) feet wide; (3) the sign shall not be located in any required off -street parking space,
driveway, access easement, alley or fire lane; (4) the sign shall not be illuminated; (5) the sign
shall be removed during non-business hours; and (6) if the sign is located on county-owned right-
of-way, prior to placement of the sign, the owner shall agree to indemnify and hold harmless the
county against any claim or liability arising from the placement of the sign, and the agreement
shall be in a form and have a substance approved by the county attorney.
j. Signs using rare gas illumination. Signs using exposed rare gas illumination, and signs within the
entrance corridor overlay district visible from an entrance corridor overlay street that use rare gas
illumination covered by a transparent material, shall not have a brightness that exceeds thirty (30)
milliamps. Brightness shall be determined by the zoning administrator, who shall consider
information provided by the sign manufacturer, the rated size of the sign’s transformer, and any
other relevant information deemed appropriate. (Added 3-16-05)
k. Wall signs. In order to be eligible to have a wall sign, the establishment shall have an exterior
wall.
(12-10-80; 7-8-92, § 4.15.12; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05)
State law reference – Va. Code § 15.2-2280.
Article III. District Regulations
Sec. 30.6.4 Certificates of appropriateness
The architectural review board is authorized to issue certificates of appropriateness for any structure, and
associated improvements, or any portion thereof, that are visible from the EC street t o which the parcel is
contiguous, as follows:
. . .
b. Types of certificates of appropriateness. The architectural review board is authorized to issue the
following types of certificates of appropriateness:
31
1. Specific developments. For specific developments associated with one or more building
permits or a single site plan.
2. Signs in a new multi-business complex or shopping center. For all of the signs in a new
multi-business complex or shopping center, where the architectural review board first
conducts a comprehensive sign review. Once a certificate of appropriateness for signs in
a new multi-business complex or shopping center is issued, the director of planning is
authorized to determine whether a particular sign satisfies the conditions of the certificate
of appropriateness.
3. County-wide certificates of appropriateness. County-wide certificates of appropriateness
may be issued for classes of structures, sites, improvements, or architectural elements,
subject to the applicable design criteria and procedures, as follows:
a. Categories of structures, sites, improvements, or architectural elements eligible
for county-wide certificates of appropriateness. The following categories of
structures, sites, improvements, or architectural elements shall be eligible for
county-wide certificates of appropriateness:
1. Structures located seven hundred fifty (750) feet or more from an EC
street that are not more than five (5) stories tall.
2. Structures that are proposed to be located behind another structure that
fronts an EC street as viewed from the EC street, where the rear
structure is no more than twice the height of the front structure.
3. Personal wireless service facilities.
4. Signs, except for wall signs whose height exceeds thirty (30) feet.
5. Safety fencing and screening fencing.
6. New or replacement rooftop-mounted or ground-mounted equipment.
7. Additions to structures or improvements for which a certificate of
appropriateness was issued, where the design of the addition to the
structure or improvement is consistent with the architectural design
approved with the certificate of appropriateness.
8. New structure or site lighting or changes to existing structure or site
lighting.
9. Minor amendments to site plans and architectural plans.
10. Building permits for which the proposed change occupies fifty (50)
percent or less of the altered elevation of an existing structure.
11. Permits classified in sections 5-202, 5-203, 5-204 and 5-208(A) not
otherwise exempt under section 30.6.5(k).
. . .
(§ 30.6.4, 10-3-90; § 30.6.4.1, 10-3-90; 5-18-94; § 30.6.4.2, 10-3-90; §30.6.5(formerly § 30.6.3.2, 7-8-92;
Ord. 01-18(3), 5-9-01); § 30.6.4, Ord. 10-18(5), 5-12-10)
Sec. 30.6.5 Development exempt from requirement to obtain certificate of appropriateness
The following development is exempt from the requirements of section 30.6:
. . .
d. Agricultural product signs, political signs, public signs, sandwich board signs, temporary signs,
window signs and signs exempt from the sign permit requirement under section 4.15.6.
32
. . .
(§ 30.6.6, 10-3-90; § 30.6.6.1, 10-3-90; § 30.6.6.2, 10-3-90, 6-14-00; § 30.6.6.3, 5-18-94; § 30.6.5; Ord.
10-18(5), 5-12-10)
(Formerly SIGNS, Now see 30.6.4, 5-12-10)