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HomeMy WebLinkAbout2001-05-09 ACTIONS Board of Supervisors Meeting of May 9, 2001 May 1.0, 2001 AGENDA ITEM/ACTION 1. Call to order. 4. From the Public: Matters Not Listed on the Agenda. · There were none. 5.1 Appropriation: Registrar, $27,110 (Form f~0065). · APPROVED. 5.2 Appropriation: Drug Seized Assets (Form #20066). · APPROVED. 5.3 Adopt Resolution Approving the Issuance of Industrial Development Authority BOnds in an Amount not to Exceed $120,000,000 for Westminster-Canterbury of the Blue Ridge. · ADOPTED. 5.4 Proclamation recognizing May, 2001 as Mental Health Month. · APPROVED and Chairman presented to Kate Gaston. 6. Public hearing on a request to amend the jurisdictional areas of the Albemarle County Service Authority for water service to TM62, Pci 24A (Roy L. W'dliams). Loc on W side of Rt 20 & E side of ~er Dr, just N of Darden Towe Park, The property is located w/in Urban Area Three · APPROVED an amendment to the jurisdictional area of the Albemarle County Service Authority to provide water and sewer . service to Tax Map 62, Parcel 24A. 7~ ZTA-2001-001. Sign Ordinance. * ADOPTED. 8. ZTA-2000-10. Appeal of Waivers, Modifications or Variation. · ADOPTED. 'g. STA-2000-01.. Subdivision Ordinan.ce. · ADOPTED. 10. Or(finance to amend Article !, Elections, of Chapter 2, Administration, of the Albemarle County Code. · ADOPTED to be effective June 13, 2001. 11. DiscuS'on: ' Chariottesv~ie-Aibemade Regional Transportation (CHART) Charge. · VOTED to approve the Proposed CHART 2021 Mission, Goals and Objective and Proposed CHART 2021 Evaluation Criteria, with the following changes to the section on "Criteria for Evaluation of Transportation Actions": * Reword #13 to State: Includes a "no build" alternative in all considerations of transportation improvements. · Reword ~Y15 to State: Provides multiple choices for travel. · Reword #17 to state: Insures that any new roadways are , appropriate to the land use they serve. ASSIGNMENT Meeting was called to order at 7:01 p.m., by the Chairman. Ail BOS members present. Also present were Robert Tucker, Larry Davis~ Wayne Cilimberg and Ella Carey. Clerk: Fomrard signed appropriation form to Melvin Breeden and copy appropriater persons. Clerk: Forward signed appropriation form to Melvin Breeden and,` copy appropdate persons. clerk: Forward signed resolution to McGuire Woods, with copies to Westminster-Canterbury and County Attorney'S office. Clerk:' Forward copy of signed ordinance to County Attorney's office for inclusion in next update of County Code; with copies to Planning and .Clerk: FoP,mrd copy of signed ordinance to County Attorney's off-me for inclusion in next update of County Code; with copies to Planning and ,Zoni,ng.,, Clerk: Forward copy of signed ordinance to County Attorney's office for inclusion in next update of County Code; with copies to Planning, Zoning and Clerk of Circuit Court. Clerk: Forward copy of signed ordinance to County Attomey's off'me for inclusion in next update of County Code; with copy to Planning and Registrar.. Clerk; Fomrard to Hannah Twaddell, with copy to City Council. · MS. Thomas and Ms. Humphris to continue to work on the 12. From the Board: Matters not Listed on the Agenda. · APPROVED changing the merit increase for local government classified employees from 3.9 percent to 4.2 percent in order to maintain commonality with actions taken by the School Board. · Mr. Perkins mentioned that he would be attending a VACo meeting Friday on environme~al issues. Ms. Thomas and MS. Humphds mentioned that they would also be attending VACo meetings on Friday. · CONSENSUS of Board to move items scheduled for the June 13th Board meeting to another date so Board members could attention graduation ceremonieS for Albemarle High School. o Ms. Humphds mentioned a letter Board members received from residents of Dunlora regarding the Meadow Creek Parkway. Mr. Cilimberg mentioned that his office also received a copy of the letter, and they will be meeting with the Engineering Department to discuss the concerns. Mr. Tucker suggested staff draft a response for the Chairman's signature. o Ms. Thomas asked about the schedule for July meeting§. (Note: The Clerk was able to move items to the July 11~h meeting. We anticipate starting that meeting at 6:00 p.m. The Board Can then Cancel the July 5th and July 18t~ meetings. This will be added to the May 16th agenda. ) · Mr. Bowerman said the Darden Towe Park Committee recently met and discussed Phase I!1 improvements to the Park. They agreed to the installation of a kiosk (for the Rivanna River Basin group) located next to the center concession stand, which will include a topo map and provide information on the Rivanna River. They also discussed pumping of water from the Rivanna to the pond for irrigation, and they agreed to try a fenced in area for dogs to run free. This area will be located on a slope behind the shelter at the top. This will be on a trial basis and evaluated in the future. · Mr. Cilimberg said recently the General Assembly considered one or more bills that would expand the jurisdiction of the Chesapeake Bay Act. They are looking at dEferent aspects of the Act and putting together taSk forces. He was asked, and David Hirschman will go with him, to go to Richmond to provide some input on the land use planning side. · Ms. Thomas said today she attended a meeting of the Lewis and Clark Festival Committee, They expressed their appreciation to the Board for the money that was put into the budget for the Festival. They now have a coordinator and are moving forward. 12~ Adjourn. The meeting was adjourned at 8:51 p.m. Plannina staff: Draft re~Fx~se and forward to Board office for Chaimmn's signature. APP ROPF~IATION REQUEST FISCAL YEAR: 00/01 TYPE OF APPROPRIATION: NUMBER ADDITIONAL TRANSFER NEW 20065 ADVERTISEMENT REQUIRED ? YES NO X FUND: GENERAL PURPOSE OF APPROPRIATION: FUNDING FOR DEMOCRATIC PARTY PRIMARY ELECTION. CODE 1 1000 13020 1 1000 13020 I 1000 13020 1 1000 13020 1 1000 13020 1 1000 13020 I 1000 13020 1 1000 13020 1 1000 1.3020 1 1000 13020 1 1000 13020 1 1000 13020 I 1000 13020 EXPENDITURE DESCRIPTION AMOUNT 120000 OVERTIME WAGES 129100 OFF WAGES/CUSTODIAL 210000 FICA 312510 ELECTION OFFICIALS 350000 PRINTING & BINDING 360000 ADVERTISING 390000 OTHER PURCHASED SERVICES 520100 POSTAL SERVICES 520300 TELECOMMUNICATIONS 540200 LEASE/RENT BUILDINGS 550100 MILEAGE 600100 OFFICE SUPPLIES 601700 COPY SUPPLIES $1,300.00 120.00 110.00 15,565.00 450.00 325.00 7,135.00 250.00 1,100.00 260.00 195.00 150.00 150.00 CODE 1 1000 51000 TOTAL $27,110.00 REVENUE DESCRIPTION AMOUNT 510100 GENERAL FUND BALACNE $27,110.00 TOTAL $27,110.00 TRANSFERS REQUESTING COST CENTER: REGISTRAR APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISOR SIGNATURE DATE APRIL 26, 2001 · / COUNTY OF ALBEMARLE EXECUTIVE SUMMARy'5_0 4-01 A08:45 IN AGENDA TITLE: Appropriation- Registrar SUBJECT/PROPOSAL/REQUEST: Request approval of Appropriation #20065, in the amount of $27,110.00, to fund the Democratic Party Primary Election. STAFF CONTACT(S): Messrs. Tucker, Breeden; Ms. White, Ms. Harris AGENDA DATE: May 9, 2001 ACTION: CONSENT AGENDA: ITEM NUMBER: INFORMATION: ACTION: × INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Democratic Party of Virginia has announced its decision to select candidates for the Office of Lieutenant Governor and Attorney General by method of a pdmary election. The established date for this election is Tuesday, June 12, 2001. The costs associated with the primary are to be paid by the locality in accordance with {}24.2-518, Code of Virginia. RECOMMENDATION: Staff recommends the Board of Supervisors approve the appropriations, totaling $27,110.00, as detailed on Appropriation #20065 01.098 APPROPRIATION REQUEST FISCAL YEAR: 00/01 TYPE OF APPROPRIATION: ADVERTISEMENT REQUIRED ? FUND: PURPOSE OF APPROPRIATION: STATE FUNDING FOR LAPTOP P.C.. CODE 1 1234 22010 NUMBER ADDITIONAL TRANSFER NEW YES NO GENERAL X X 20066 EXPENDITURE DESCRIPTION AMOUNT 800700 ADP EQUIPMENT $1,600.00 CODE 234 24000 TOTAL $1,600.00 REVENUE DESCRIPTION AMOUNT 240000 STATE CATEGORICAL AID $1,600.00 TOTAL $1,600.00 TRANSFERS REQUESTING COST CENTER: COMMONVVEALTH ATTORNEY APPROVALS: 'DIRECTOR OFFINANCE BOARD OF SUPERVISOR SIGNATURE DATE MAY 2, 2001 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY 05-04-0 AGENDA TITLE: Appropriation - Drug Seized Assets SUBJECT/PROPOSAL/REQUEST: Request approval of Appropriation 20066 in the amount of $1,600.00. _STAFF CONTACT(S): Messrs. Tucker, Breeden, Waiters, Camblos; Ms. White BACKGROUND: A08:45 IN AGENDA DATE: ITEM NUMBER.: May 9, 2001 ..ACTION: IN FO RMA_TION: INFORMATION: CONSENT AGENDA: ACTION: X ATTACHMENTS: Yes Periodically, the County receives revenues for assets seized in federal and State drug enforcemen[ actions. The proceeds are utilized for additional law enforcement activities. The Commonwealth's Attorney has received additional funding from the Commonwealth of Virginia to supplement current fund balance to purchase a laptop computer and scanner. DISCUSS_ _iON: This appropriation requests approval of the receipt of state monies and the related expenditure for computer equipment. There are no additional local monies required. RECOMMENDATION: Staff recommends approval of appropriation 20066 in the amount of $1,600.00. 01.099 01-099.doc DaSd R Bowerman Rio Lindsay G. Donner. Jr. CharloRe Y. Humphris Jad~ Jou~lt COUNTY OF ALBEMARLE Office of Board of Supervisors 40I Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Rivanna Walter E Perkins White Hall Sall~ H. Thomas Samuel May 11, 2001 Mr. David L. Richardson, II McGuireWoods One James Center 901 East Cary Street Richmond, VA 23219-4030 Dear David: At its meeting on May 9, 200 I, the Board of Supervisors adopted a Resolution Approving the Issuance of Industrial Development Authority Bonds in an Amount not to Exceed $120,000,000 for Westminster-Canterbury of the Blue Ridge. Attached is a copy of the signed resolution. If you need any additional information, please do not hesitate to contact me. /EWC Sincerely' Ella W. Carey, Clerk, CMC CC: Mr. C. Henry Hinnant, II Mr. Larry W. Davis Printed on recycled paper At a regular meeting of the Board of Supervisors of Albemarle County, Virginia, held on the 9th day of May, 2001, the following Board members were recorded as present: PRESENT: Mr. David P. Bowerman Mr. Lindsay G. Dorrier, Jr. Ms. Charlotte Y. Humphris Mr. Charles S. Martin Mr. Walter F Perkins Ms. Sally H. Thomas ABSENT: None. On motion by Ms. Humphris, seconded by Mr. Bowerman, the attached Resolution was adopted by a majority of the members of the Board of Supervisors by a mil call vote, the votes being recorded as follows: MEMBER VOTE Mr. Bowerman Aye Mr. Dorrier Aye Ms. Humphris Aye Mr. Martin Aye Mr. Perkins Aye Ms. Thomas Aye RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTYOF ALBEMARLE, VIRGINIA WHEREAS, the Industrial Development Authority of Albemarle County, Virginia ("Authority"), has considered the application of.Westminster-Canterbury of the Blue Ridge ("Borrower") requesting the issuance of the Authority's revenue bonds in an amount not to exceed $120,000,000 ("Bonds") to assist the Borrower with the following projects: Approximately $32,500,000 of the bond proceeds are expected to be used to refinance certain of the Borrower's existing indebtedness, including the outstanding balances of (a) a $2,500,000 interim loan, the proceeds of which were used to finance preliminary costs relating to the new construction and expansion projects described below, (b) the Authodty's $18,950,000 Residential Care Facility First Mortgage Revenue Bonds, Series 1995, issued to (i) refinance the outstanding balance of the Authority's $25,055,000 Residential Care Facility First Mortgage Revenue Bonds, Series 1989, the proceeds of which were used to finance the original construction of the Borrower's continuing care retirement community, (ii) refinance the outstanding balance of the $1,300,000 Residential Care Facility Revenue Bond issued by the Industrial Development Authority of the County of Orange, Virginia in 1993, the proceeds of which were used to finance preliminary costs relating to the construction of cottage units and improvements to the Borrower's Health Center, and (iii) finance certain improvements to the Borrower's Health Center, and (c) the Authority's $13,460,000 Residential Care Facility Mortgage Revenue Bonds (Westminster- Canterbury of the Blue Ridge), Series 1999, issued primarily to finance the construction and equipping of an approximately 50,000 square foot catered living building and site work and other preliminary costs related to future expansion projects. Approximately $87,500,000 of the bond proceeds are expected to be applied to finance (a) a four- story, 122 unit apartment building of approximately 260,000 square feet, ~(b) a community center of approximately 32,000 square feet, (c) a 24 bed dementia building of approximately 37,000 square feet, (d) renovations to the Borrower's existing facilities, including renovations to the library, dining and resident service areas, (e) an approximately 72,000 square foot parking deck, (f) a debt service reserve fund for the bonds, and (g) costs of issuance, capitalized interest and other expenses related to the bonds; ali of the foregoing located or to be located at the Borrower's continuing care retirement community at 250 Pantops Mountain Ddve in Albemarle County, Virginia, and the Authority has held a public headng on April 26, 2001. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having juHsdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; WHEREAS, the Authority issues its bonds on behalf of the County of Albemarle, Virginia ("County"); the Project is located in the County and the Board of Supervisors of the County of Albemarle, Virginia ("Board") constitutes the highest elected governmental unit of the County; WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds; and WHEREAS, a copy of the Authority'S resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: 1. The Board approves the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by Section 14'7(f) of the Code and Section 15.2- 4906 of the Code of Virginia of 1950, as amended ("Virginia Code") to permit the AUthority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworth~ess of the Project or the Borrower. 3. This resolution shall take effect immediately upon its adoption. Adopted by the Board of Supervisors of the County of Albemarle, Virginia this 9th day of May, 2001. ./ April 26, 2001 Board of Supervisors Albemarle County, Virginia 401 Mclntire Road Charlottesville, Virginia 22902 Industrial Development Authorityof Albemarle County, Virginia Proposed Fin ancing for Westminster-Canterbury of the Blue Ridge Westminster-Canterbury of the Blue Ridge ("Borrower") has requested that the Industrial Development Authority of Albemarle County, Virginia ("Authority"), assist the Borrower in the refinancing, construction and renovation of improvements to the Borrower's continuing care retirement community located at 250 Pantops Mountain Drive ("Project") in the County of Albemarle, Virginia, by the issuance of its revenue bonds in an amount not to exceed $120,000,000 ("Bonds"). As set forth in the resolution of the Authority attached hereto ("Resolution"), the Authority has agreed to issue its Bonds as requested. The Authority has conducted a public hearing on the proposed financing of the Project and has recommended that you approve the issuance of the Bonds as required by Section 147(0 of the Internal Revenue Code of 1986, as amended, and Section 15.2-4906 of the Code of Virginia of 1950, as amended. Attached hereto is (1) a certificate evidencing the conduct of the public hearing and the action taken by the Authority, (2) the Fiscal Impact Statement required pursuant to Virginia Code Section 15.2-4907, and (3) the form of'resolution suggested by counsel to evidence your approval. Secretary~ Industrial Development Authority of Albemarle County, Virginia CERTIFICATE The undersigned Secretary of the Industrial Development Authority of Albemarle County, Virginia ("Authority") certifies as follows: 1. A meeting of the Authority was duly called and held on April 26, 2001, at 4:00 p.m. in the Fourth Floor Conference Room of the County Office Building, 401 Mclntire Road, Charlottesville, Virginia, pursuant to proper notice given to each Director of the Authority before such meeting. The meeting was open to the public. The time of the meeting and the place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. 2. The Chairman announced the commencement of a public hearing on the application of Westminster-Canterbury of the Blue Ridge and that a notice of the hearing was published once a week for two successive weeks in a newspaper having general circulation in the County of Albemarle, Virginia ("Notice"), with the second publication appearing not less than seven days nor more than twenty-one days prior to the hearing date. A copy of the Notice has been filed with the minutes of the Authority and is attached as Exhibit A. 3. A summary of the statements made at the public hearing is attached as Exhibit B. 4. Attached as Exhibit C is a true, correct and complete copy of a resolution ("Resolution") adopted at such meeting of the Authority by a majority of the Directors present at such meeting. The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on this date. WITNESS my hand and the seal of the Authority, this 26th day of April, 2001. Secreta~,, Industrial Development Authorit~ of Albemarle County, Virginia ~ [SEAL] Exhibits: A - Copy of Certified Notice B - Summary of Statements C - Inducement Resolution -2- 04/2§/01 i5:25 FAX 80497872~4 DAILY PROGRESS EXHIBIT A The Daily Progress P.O. BOX 9030 CHARLOTTESVILLE, ~/A TELEPHONE~' (804)9~78-72I 0 CERTIFICATE OF PUBUCA~oN TO:_ ~ I HERESY ~ER~AT~A~ACHED NO~CE THE DAlLy PROGRESS, A N~SPAPER IN CHARLO~S~LLE, VfRGIN~ AND APP~RED IN THE ISSUE(S) OA~ ~CH ' PUBLISHING FE~: $~¢ _2001. UNDER MY HAND THIS ~ DAY OFA~i_~ SHARON ~. ~8 8USCNE~ O~CE M~G~  le OUls~:iing bal,:?.J'~e A~AR~ ~ m~ ~ Ihe BD~F~ H~lih ~ofl and ~u~n~ ~ng Dim ~o ' ' ---- -~ ~,,u ~ _. ~S ~ ~md ~ be an~ ~ (a); ~sao, OOO ~. appm~ma(e~y 32,000 1o~ ~e ¢~e~ of which NeC. (c) z ~4 be~ ~[~ R~v~ue Bunds, ~m~ ~.0~ ~are foe( ~u~tga~ fl~nue Ban~ pe~ ~ lo ~ bun~ ~erle~ ~g~ ~ O~e~ o~ were ~ [a ~n~ ~ ~ m ~ e~er~ ~ ~n of ~ ga~: uln~ e~ regime: ~mun~y 'J~E~ is'~u,Rttce o~ rov~nL~, ban~ ~,,, not ~[~ a ~e~[ or be ~ at a:oo o~to~ D.m. ~ ~r~ 28. 2~1 he,re ~a Au- . . ~U~al~g, 401 MCl~lim Any pem~ ~r~d h t~ ~. ~u~ u~ ~ bonds or ~ {~ U~ ~ n~m of ~o pmpo~ff , ~ ~o. ~ras.n~ ~ or her L~ ,nrarma~ rega~i~ Indus~ ~ad; C~n~. ~rg{n~ EXHIBIT B TO CERTIFICATE Summary of Statements W. Scott Hilles and C. Henry Hinnant from Westminster-Canterbury of the Blue Ridge and David L. Richardson from McGuireWoods LLP, bond counsel, appeared before the Authority to explain the project and proposed plan of financing. Sally Thomas also appeared before the Authority and inquired regarding whether the Virginia Department of Health needed to approve the project, to which Mr. Hinnant responded in the negative, since none of the Bond proceeds are to be used to add nursing beds. Following questions and discussion, the Authority voted 4-1 (Ms. Ellora Young voting nay) to adopt the resolution and recommend approval of the bonds by the Board of Supervisors. EXIHBIT C RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ALBEMARLE COUNTY, VIRGINIA AUTHORIZING THE ISSUANCE OF UP TO $120,000,000 REVENUE BONDS FOR THE PURPOSE OF FINANCING A CONTINUING CARE RETIRE COMMUNITY TO BE LOCATED IN ALBEMARLE COUNTY, VIRGINIA FOR THE BENEFIT OF WESTMINSTER-CANTERBURY OF THE BLUE RIDGE WHEREAS, the Industrial Development )~uthority of Albemarle County, Virginia, a political subdivision of the Commonwealth of Virginia ("Authority"), is empowered by (a) the Albemarle County Code to finance facilities for the residence and care of the aged, and (b) the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended ("Act"), to issue its revenue bonds for the purpose of assisting in the acquisition, construction, renovation, equipping and refinancing of facilities for the residence or care of the aged in order to provide modem and efficient services to them, in accordance with their special needs; WHEREAS, the Authority has received a request from Westminster-Canterbury of the Blue Ridge, a Virginia non-profit, non-stock corporation ("Borrower"), requesting that the Authority issue its revenue bonds to assist in financing of the following: Approximately $32,500,000 of the bond proceeds are expected to be used to refinance certain of the Borrower's existing indebtedness, including the outstanding balances of (a) a $2,500,000 interim loan, the proceeds of which were used to finance preliminary costs relating to the new construction and expansion projects described below, (b) the Authority's $18,950,000 Residential Care Facility First Mortgage Revenue Bonds, Series 1995, issued to (i) refinance the outstanding balance of the Authority's $25,055,000 Residential Care FaciIity First Mortgage Revenue Bonds, Series 1989, the proceeds of which were used to finance the original construction of the Borrower's continuing care retirement community, (ii) refinance the outstanding balance of the $I,300,000 Residential Care Facility Revenue Bond issued by the Industrial Development Authority of the County of Orange, Virginia in 1993, the proceeds of which were used to finance preliminary costs relating to the construction of cottage units and improvements to the Borrower's Health Center, and (iii) finance certain improvements to the Borrower's Health Center, and (c) the Authority's $13,460,000 Residential Care Facility Mortgage Revenue Bonds (Westminster- Canterbury of the Blue Ridge), Series 1999, issued primarily, to finance the construction and equipping of an approximately 50,000 square foot catered living building and site work and other preliminary costs related to future expansion projects. Approximately $87,500,000 of the bond proceeds are expected to be applied to finance (a) a four-story, 122 unit apartment building of approximately 260,000 square feet, (b) a community center of approximately 32,000 square feet, (c) a 24 bed dementia building of approximately 37,000 square feet, (d) renovations to the Borrower's existing facilities, including renovations to the library, dining and resident service areas, (e) an approximately 72,000 square foot parking deck, (f) a debt service reserve fund for the bonds, and (g) costs of issuance, capitalized interest and other expenses related to the bonds; all of the foregoing located or to be located at the Borrower's continuing care retirement community (collectively, the "Project") located at 250 Pantops Mountain Drive in Albemarle County, Virginia (the "Facility"); WHEREAS, such assistance will induce the Borrower to locate the Project in Virginia and benefit the inhabitants of Albemarle County, Virginia and the Commonwealth of Virginia, either through the inCrease of their commerce or through the promotion of their safety, health, welfare, convenience or prosperity; WHEREAS, preliminary plans for the Project have been described to the Authority and a public hearing has been held as required by Section 147(t) of the Internal Revenue Code of 1986, as amended, ("Code") and Section 15.2-4906 of the Act; WHEREAS, the Borrower has represented that the estimated cost of the acquisition, construction, renovation, equipping and refinancing of the Project. and all expenses of issue will- require an issue of revenue bonds in the aggregate principal amount not to exceed $120,000,000; WHEREAS, (a) no member of the Board of Directors of the Authority is an officer or employee of the Borrower, (b) each member has, before entering upon his duties during his or her present term of office, taken and subscribed to the oath prescribed by Section 49-I of the Code of Virginia of 1950, as amended and (c) at the time of their appointments and at all times thereafter, including the date hereof, all of the members of the Board of Directors of the Authority have satisfied the residency requirements of the Act; and WHEREAS, no member of the Board of Directors of the Authority has any personal interest or business interest in the Borrower, the bonds, or any of the transactions contemplated therein or has otherwise engaged in conduct prohibited under the Conflict of Interests Act, Chapter 40.1, Title 2.1 of the Code of Virginia of 1950, as amended (the "Conflict of Interests Act") in connection with this resolution or any other official action of the Authority in connection therewith. NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ALBEMARLE COUNTY, VIRGINIA: It is hereby found and determined that (a) the acquisition, construction, renovation, equipping and refinancing of the Project will be in the public interest and will promote the commerce, safety, health, welfare, convenience or prosperity of the Commonwealth of Virginia, Albemarle County, Virginia and their citizens, and (b) the activities to be conducted at the Facility are facilities for the residence and care of the aged as contemplated by the Albemarle County Code. 2. To induce the Borrower to locate the Project in the Commonwealth of Virginia, and particularly in Albemarle County, the Authority h~reby agrees to assist the Borrower in financing the acquisition, construction, renovation, equipping and refinancing of the Project by undertaking the issuance of its revenue bonds in an amount not to exceed $120,000,000 upon terms and conditions mutually agreeable to the Authority and the Borrower. The bonds will be issued pursuant to documents satisfactory to the Authority. The bonds may be issued in one or more series at one time or fi.om time to time. 3. It having been represented to the Authority that it is necessary to proceed immediately with the acquisition, planning and construction of the Project, the Authority agrees that the Borrower may proceed with plans for the Project, enter into contracts for land, -2- construction, materials and equipment for the Project, and take such other steps as it may deem appropriate in connection with the Project, provided, however, that nothing in this resolution shall be deemed to authorize the Borrower to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Project. The Authority agrees that the Borrower may be reimbursed from the proceeds of the bonds for all expenditures and costs so incurred by it, provided such expenditures and costs are properly reimbursable under the Acx and applicable federal laws. 4. At the request of the Borrower, the Authority approves McGuireWoods LLP, Richmond, Virginia, as Bond Counsel in connection with the issuance of the bonds. 5. All costs and expenses in connection with the financing and the acquisition, construction, renovation, equipping and refinancing of the Project, including the fees and expenses of Bond Counsel and Authority Counsel, shall be paid by the Borrower or, to the extent permitted by applicable law, from the proceeds of the bonds. If for any reason such bonds are not issued, it is understood that all such expenses shall be paid by the'Borrower and that the Authority shall have no responsibility therefor. 6. In adopting this resolution the Authority intends to take "official action" toward the issuance of the bonds and to evidence its "official intent" to reimburse from the proceeds of the bonds any expenditures paid by the Borrower to finance the acquisition, planning and construction and renovation of the Project before the issuance of the bonds, all within the meaning of regulations issued by the Internal Revenue Service pursuant to Sections 103 and 141 through 150 and related sections of the Code. 7. The Authority recommends that the Board of Supervisors of Albemarle County, Virginia, approve the issuance of the bonds. 8. This resolution shall take effect immediately upon its adoption. -3- FISCAL IMPACT STATEMENT FOR PROPOSED BOND FINANCING Date: April 26, 2001 To the Board of Supervisors of Albemarle County, Virginia Applicant: Facility: Westminster-Canterbury of the Blue Ridge Continuing Care Retirement Community Maximum amount of financing sought. Estimated taxable value of the facility's real property to be constructed in the locality. Estimated real property tax per year using present tax rates. Estimated personal property tax per year using present tax rates. Estimated merchants' capital tax per year using present tax rates. 6. (a) Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality. 120,000,000 60,000,000 440,000 20,000 0 100,000 (b) Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality. 500,000 (c) Estimated dollar value per year of services that will be purchased from Virginia companies within the locality. 500,000 (d) Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality. 500,000 Estimated number of regular employees on year round basis. 40 Average annual salary per employee. $ 21,000 ~fairma~, Industrial D evelopme~/(uthority .~-'"ofAlbemarle County, Virginia McGuireWoods LLP One James Center 901 East Cary Street Richmond, VA 23219-4030 Phone: 804.775.1000 Fax: 804.775.1061 www. mcguirewoods.com David L. Richardson, II, Esquire Direct: 804.775.1030 McGUIREWC DS drichardson@mcguirewoods.com Direct Fax: 804.698.2148 April 30, 2001 FEDERAL EXPRESS Ms. Ella Carey Clerk, Board of Supervisors Industrial Development Authority of the County of Albemarle, Virginia 401 Mclntire Road Charlottesville, Virginia 22902 Westminster-Canterbury of the Blue Ridge Dear Ella: It was good to see you again last week at the IDA meeting. As promised, I am enclosing the documentation that needs to be provided to the Board of Supervisors for its meeting on May 9. Included are the following: 1. Transmittal letter from the IDA to the Board; 2. Certificate of Public Hearing 3. Fiscal Impact Statement; 4. Form of Board of Supervisors resolution. It is my understanding that this matter will be placed on the May 9 agenda, if you have any questions or concerns regarding this issue, please do not hesitate to contact me. Many thanks for your cooperation and assistance. Very truly yours, David L. Richardson, II /das Enclosures CC: Mr. C. Henry Hinnant, III (w/encls.) Mr. W. Scott Hilles (w/encls.) NATIONAL MENTAL HEAL TH MONTH WHF. REAS, the U. S. Surgeon General states that mental health is fimdamental to health and indispensable to personal well-being, family and interpersonal relationships, and contributes to community and society; and WHEREAS, WHEREAS, WHEREAS, WHEREAS, NOW, THEREFORE, the U. S. Surgeon General confirms that mental illness affects one in five Americans every year, regardless of age, gender, race, ethnicity, religion or economic status; and the U. S. Surgeon General has found that a range of treatments exists for most mental disorders and the efficacy of mental health treatments are well documented' and the County of Albemarle continues to make a commitment to community-based systems of mental health care for all residents; and the guiding principles of community mental health care have always been comprehensiveness, cost-efficiency, effective management and high-quality and consumer-responsive services, and these principles are now being adopted by private and public healthcare payors; and the Mental Health Association. of Chartotesville/Albemarle and the mental health coalition partners observe Mental Health Month every May to raise awareness and understanding of mental health and illness; I, Sally H. Thomas, Chairman, on behalf of the Albemarle County Board of Supervisors, do hereby proclaim MAY, 2001 as MENTAL HEAL TH MONTH in County of Albemarle, and urge all citizens, government agencies, public and private institutions, businesses and schools to recommit our community to increasing awareness and understanding of mental illness and the need for appropriate and accessible services for ail people with mental illnesses. Adopted this 9th day of May, 2001. Chairman Albemarle Coun~ Board of Supervisors COUNTY OF ALBEMARLE EXECUTIVE SUM MARY AGENDA TITLE: Roy L. Williams -- Request to amend Albemarle County Service Authority Jurisdictional Area SU BJ ECT/PROPOSAL/REQU EST: Public hearing to consider amending the ACSA Jurisdictional Area boundary to provide water service and sewer to Tax Map 62, Parcel 24A. STAFF CONTACT(S): Messrs. Tucker, Foley, Cilimber9, Benish AGENDA DATE: May 9, 2001 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: Yes / BACKGROUND: The applicant is requesting Jurisdictional Area designation for water service to a parcel (Tax Map 62, Parcel 24A) located on the west side of Route 20 and the east side of Dorrier Lane, just north of Darden Towe Park. The property is located within Urban Area Three (Pantops). The applicant is requesting water service due to contamination of the existing well on-site. The County Fire and Rescue officials and the Health Department have been notified of this situation. No additional information regarding the potential contamination is available at this time. DISCUSSION: The subject property is located in the Urban Area Neighborhood Three. The Comprehensive Plan provides the following concerning the provision of water and sewer service to the Development Areas: "General Principle: Urban Areas, Communities, and Villages are to be served by public water and sewer (p. 109)." "Provide water and sewer service only to areas within the ACSA Jurisdictional Areas (p. 125)." "Follow the boundaries of the designated Development Areas in delineating Jurisdictional Areas (p.125)." RECOMMENDATION: As a general policy, staff has advised that public utility capacity should be reserved to support development of designated Development Areas. This request is consistent with public utility policy of the Comprehensive Plan. Since this property is located within the designated Development Area the provision of both water and sewer service to the property would be consistent with the Comprehensive Plan public utility policy. Therefore, staff recommends amending the ACSA jurisdictional area to provide water and sewer service to Tax Map 62, Parcel 24A. 01.100 REVISED: 8/11/98 61 ALBEMARLE COUNTY ATTACHMENT A ! ?8 CHARLOTTESVILLE 8~ RIVANNA DI~"TRICTS SECTION 62_. A'FTACHMENT B FRANKLIN A$HCROFT 64 MONT[CEL 0 LOOP N NEIOBORHOOD I1 ~ ,'~,oo, COUNTY OF ALBEMARLE TO: Marsha Davis, Legal Services/~ssistant FROM: Ella W. Carey, Cler~ x2'~ DATE: May 11, 2001 RE: Ordinances Adopted by Board of Supervisors on May 9, 2001 At its meeting of May 9, 2001, the Board of Supervisors adopted the attached Ordinances for inclusion in the next update of the County Code: · 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 (Sign Ordinance). · An Ordinance to Amend Chapter 18, Zoning, Article II, Basic Regulations and Article IV, Procedure, of The Code of the County of Albemarle, Virginia (Appeal of Waivers, Modifications or Variation). · An Ordinance to Amend Article II, Administration and Procedure, of Chapter 14, Subdivision of Land, of The Code of the County of Albemarle, Virginia (Subdivision Ordinance). An Ordinance to Amend Chapter 2, Administration, Article I, Elections, of The Code of the County of Albemarle, Virginia. If you 'need any additional information, please let me know. /ewc Attachments CC: Larry W. Davis (memo only) V. Wayne Cilimberg, w/attachments Amelia McCulley, w/attachments Shelby Marshall, w/copy of Subdivision Ordinance only Jaekie Harris, w/copy of Elections Ordinance Tex Weaver, w/copy of Elections Ordinance Robert W. Tucker, Jr. (memo only) ORDINANCE NO. 01-18(3) 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 ofthe 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 Adding: Sec. 4.15.1 Sec. 4.15.2 Sec. 4.15.3 See. 4.15.4 Sec. 4.15.5 Sec. 4.15.6 Sec. 4.15.7 Sec. 4.15.8 Sec. 4.15.9 Sec. 4.15.10 Sec. 4. I5.11 Sec. 4.15.12 Sec. 4.15.13 Sec. 4.15.14 Sec. 4. t5.15 Sec. 4.15.16 Sec. 4.15.17 Sec. 4.15.18 Sec. 4.15.19 Sec. 4.15.20 Sec. 4.15.21 Sec. 4.15.22 Sec. 4.15.23 See. 4.15.24 Purpose and intern. Definitions. Sign contem. Signs authorized by sign permit. Signs authorized by special use permit. Signs exe ~mpt from the sign permit requirement. Protu'bited signs and sign characteristics. Regulations applicable in the RA, VR, R- 1 and R-2 zoning districts. Regulations applieable in the R-4 and R-6 zoning districts. Regulations applicable in the R- 10, R- 15 and PRD zoning districts. Regulations applicable in the PUD zoning district. Regulations applicable in the C- 1 and.CO zoning districts. Regulations applicable in the HC, PD-SC and PD-MC zoning districts. Regulations app!ieable in the HI, LI and PD-IP zoning districts. Regulations applicable in the entrance corridor overlay district. Regulations applicable to certain sign types. Determining sign area. Determining sign height. Determining sight distance triangle. Determining structure frontage. Determining sign setback. Sign maintenance. Sign alteration, repair or removal; when required. Nonconforming signs. By Amending: Sec. 5.2.2 Sec. 21.7.1 See. 30.6.2 Sec. 30.6.3.2 Sec. 30.6.5 Regulations governing home occupations. Adjacent to public streets. Application. By special use permit. Sign regulations. By Repealing: Sec. 4.15.01 Sec. 4.15.02 Sec. 4.15.03 See. 4.15.04 Sec. 4.15.05 See. 4.15.06 Sec. 4.15.07 See. 4.15.08 sec. 4.15.09 See. 4.15.10 Sec. 4.15.11 Sec. 4.15.12 See. 4.15. t3 See. 4. I5A4 Pm'pose and intent. Scope. Definitions. Signs exempted from permit requirement. By special use permit. Calculations. Content and advertising message. Administration~ Nonconforming signs. Temporary signs. Signs permitted by zoning district, generally. Violation and penalty. Severability and conflict. Chapter 18. Zoning Article II. Basic Regulations Sec. 4.15 Signs. 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;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 investmem 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 saturation and confusion in the field of vision that could otherwise result if such signs were not regulated as provided herein; and 2 4. Protect and enhance the county's attractiveness to tourists and other visitors as sources of ecOnomic development. 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. The regulations in this section 4.15 shall apply to all outdoor signs. D. Signs are classified and regulated in this section 4.15 by their purpose (e.g., anchor sign), physical type (e.g., freestanding sign), location (e.g., off-site sign) and characteristics (e.g., illuminated sign). 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 § 1 $.2-2280. Sec. 4.15.2 Definitions. The following definitions shall apply in the interpretation and implementation of this section 4.15: (1) Advertising vehicle. The term "advertising vehicle" means a type of portable sign that is either: (i) a motor vehicle, trailer or semi-trailer that is inoperative within the meaning of Virginia Code {~ 46,2-100; or (ii) a motor vehicle, trailer or semi-trailer that is not used for transportation in the daily non-advertising activities of the business at which it is parked, and is parked in the public view for the purpose of attracting attention. Advertising vehicles include any temporary or permanent signs resting on or attached to vehicles. (2) Anchor sign. The term "anchor sign" means a sign that identifies any specific business within a shopping center. (3) Animated sign. The term "animated sign" means a sign that moves or a sign that changes lighting by any mechanical, electrical or other device. (4) Auction sign. The term "auction sign" means a sign that advertises an auction to be conducted. (5) Awning. The term "awning" means a covering attached to a structure, erected on or over a window or door, and typically supported by a metal frame. (6) Awning sign. The term "awning sign" means a type ofprojecting sign that is painted or printed on, or attached to, the surface of an awning. (7) Banner. The term "banner" means a sign that is made of a nonrigid surface such 3 as fabric or paper, with no enclosing framework. (8) Billboard. The term "bilIboard' means a freestanding off-site sign that exceeds thirty-two (32) square feet in sign area. (9) Bulletin board sign. The term ''bulletin board sign" means a type of directory sign that has changeable copy enclosed in a casement covered by glass, plexiglass or other transparent material. (1 O) Canopy. The term "canopy" means a permanent structure, or part thereof~ that has a roof with support but no walls, and is intended as shelter. (11) Canopy sign. The term "canopy sign" means a type ofwall sign that is attached to the fascia of a canopy. See Figure I following this section. (12) Commercial speech. The term "commercial speech" means speech that is an expression related solely to the economic interests of the speaker and its audience, concerns lawfifl acti-Aty, and is not misleading. (t 3) Construction sign. The term "construction sign" means a sign that identifies a construction project and/or an architect, contractor, subcontractor, mmerial supplier or lending institution participating in the commmtion project. (I 4) Copy. The term "copy" means the letters, figures, designs, devices, pictures, projected images, symbols, fixtures, colors, togos, emblems, or insignias displayed on a sign face. (15) Directory sign. The term "directory sign" means a type of ~eestanding or wall sign, other than a development's primary freestanding sign, that displays the names and/or the addresses of the establishments or uses of a building or group of buildings located within the development for the sole purpose of providing direction, that is not erected at the road entrance to the development, and includes, but is not limited to, a bulletin board sign, See Figure I following this section. (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. (17) Erect. The term "erect" means, in the appropriate context, to affix, construct, hang, install, locate, paint, place or print. (18) Establishment. The term "establishment" means a public or private institution or a place of business; for purposes of this definition, the number of franchises held by an automobile dealership shall not be relevant to the determination as to what is an establishment. (19) Estate sign. The term "estate sign" means a sign that identifies the name ora private residence. 4 (20) Farm sign. The term"farm sign" means a sign that identifies the name of a property and/or its products, for property in agricnltural or forestal use. (21) Fascia. The term "fascia" means one or more of the vertical faces of the roof ora canopy or structure. (22) Flag. The term "flag" means a piece of fabric, banner or bunting that contains a distinctive color, design, size, pattern or symbol. (23) Flashing sign. The term "flashing sign" means an illuminated sign of which ali or part of the Jib, nation is flashing or intermittent, or changing in degrees of intensity, brightness or color. (24) Freestanding sign. The term '~eestanding sign" means a sign that is supported l~om the ground and not attached to a structure. See Figure I following this section. (25) Home occupation Class B sign. The term''home occupation Class B sign" means a sign on the premises of a dwelling unit that has an authorized Class B home occupation that only states the name of the person occupying the dwelling and identifies the product or service offered by the home occupation. (26) Illuminated sign. The term'qtluminated sign" means a sign, or any part of a sign, that is illuminated by an external or internal light source. (27) Incidental sign. The term "incidental sign" means a sign that has a purpose secondary to the use of the lot on which it is located, such as "handicap parking," "no parking," "entrance," "loading only," "telephone," and other similar directives. (28) Maintain. e term maintain means the cleaning, pamtmg, repair or replacement of defective parts of a sign in a manner that does not alter in any way, however slight, the copy, design, or the structure of the sigr~ (29) Marquee. The term "marquee" means a fixed covering that projects over an entranCe to a theater or other building. (30) Marquee sign. The term "marquee sign" means a type of wall sign incorporated in or attached to a marquee, and that may have changeable copy. (31) Menu sign. The term "menu sign" means a sign designed and located to be read from a drive-thru lane. 02) Moving sign. The term '~moving sign" means a sign, any part of which moves by means of an electrical, mechanical or other device, or that is set in motion by wind. 5 (33) Noncommercial speech. The term'~noncommercial speech" means speech that is not commercial speech, but does not include expressions related solely to the economic imerests of the speaker and its audience that do not concern lawful activity or are misleading. (34) Nonconforming sign. The term"nonConforming sign" means a lawful sign existing on the effective date of this section 4.15 that does not comply with the requirements contained herein. (35) Off-site sign. The term "off-site sign" means a sign that is not located on the same lot with the use to which it pertains, but does not include a sign located in a public right-of-way. 06) On-site sign. The term"on-site sign" means a sign located on the same lot with the principal use to which it pertains, and includes every sign whose copy is exclusively noncommercial speeck (37) Pennant. The term "pennant" means a series of two (2) or more sections of fabric, plastic or other material, w~her or not containing a message of any kind, suspended from a fixed structure, mpc, wire, string or cable, and designed to move in the wind and including, but not limited to, streamers and tinsel. (38) Political sign. The term"political sign" means a sign that pertains to the candidacy of one or more persons for an elective office, or pertains to one or more issues to be voted upon, in an upcoming election. (39) Portable sign. The term "portable sign" means ate .mporary sign that is not pexmanently affixed to the ground or to a permanent stmcmxe, or a sign that can be moved to another location including, but not limited to, a sign erected on a trailer, a sign with attached wheels, a sign consisting of A-shaped or T-shaped frames, or an advertising vehicle. See Figure I following this section. (40) Private drive sign. The term ''private drive sign" means an on-site sign that contains only the words "private. drive." (41) Projecting sign. The term "projecting sign" means a sign, other than a wall sign, that is attached to a structure but which is not mounted parallel to the structure's wall surface, and includes, butis not limited to, an awning sign. See Figure I following this section. (42) Public sign. The term''public sign" means a sign that is erected and maintained by a town, city, county, state or federal government or an authority thereot~ and any lawful road name and number sign regardless of whether it was publicly or privately erected or maintained. (43) Real estate sign. The term''real estate sign" means a sign that is used to advertise the sale, lease, rental, development or other use of the property on which the sign is located: (44) Residence sign. The term "residence sign" means a sign erected on a lot containing a private dwelling that identifies the. name of the occupant and/or the street address of 6 the residence. (45) Residential sign. The term "residential sign" means a sign erected on a lot containing a private dwelling whose copy is exclusively noncommercial speeck (46) Roof sign. The term "roof sign" means a sign erected on a structure that extends, in whole or in part, above the top of the wall of the structure; except that a sign located on a fake mansard is not a roof sign, but is a wall sigr[ (47) Sign. The term "sign" means any object, device or structure, or any part thereof including the sign face and the sign structure, visible fitom beyond the boundaries of the lot on which it is located, which exists primarily to advertise, identify, display, or direct or attract attention to a structure, object, person, institution, organi?ation, busimess, product, service, event, issue or location by any means, including letters, figures, designs, devices, pictures, projected images, symbols, fixtures, colors, logos, emblems, or insignias or any part or combination thereof. An object such as a banner, balloon, three-dimensional figure, pennant, streamer or flag is a s/gn for purposes ofthis section 4.15 ifit exists for one or more oftbe purposes identified in thi~q definition. A flag whose design denotes the official symbol of a national, state or local government is not a sigr~ (48) Sign face. The term "sign face" means the area or display surface used to advertise, idemify, display, or direct or attract attention~ See Figure I following this section. (49) Sign structure. The term "sign structure" means the supports, uprights, bracings and framework ofany structure, be it single-faced, double-faced, V-type or otherwise, used to exhibit a sign, See Figure I at the end of this section~ (50) Subdivision sign. The term "subdivision sign" means a type of freestanding sign erected at the entrance of a residential development that 'identifies the development. (51) Temporary sign. The term "temporary sign" means a sign that is displayed for only a limited period oftime authorized in section 4.15.4(D), that describes or identifies partici- pants in a seasonal, brief or particular event or activity to be or being conducted upon a lot. (52) Visible. The term "vis, lc" means that wlfich is capable of being seen, whether or not legible, by a person of normal visual acuity. (53) Wall sign. The term''wall sign" means a sign, other than a projecting sign, that is painted on, printed on, or attached to, a wall of a building and parallel to the wall, is located on a fake mansard, or is a canopy sign or a marquee sign. See Figure I following this section. (54) Warning sign. The term"waming sign" means a sign that provides a warning or a notice to persons on, or entering upon, the premises on which the sign is located including, but not limited to, signs stating that solicitations, hunting, fishing or trespassing is prohibited, that a dog is present on the property, and that the property is protected by a security or alarm system. (55) Window sign. The term "window sign" means a sign affixed to, or vis~le l~om the outdoors through, a window/n .a structure within the entrance corridor overlay district, or visible from an entrance corridor street, but does not include goods which are sold or are available for purchase on the premises. (12-10-80; 7-8.92, § 4.15.03; Ord. 01-18(3), 5-9-01) State law reference- Va. Code $15.2-2280. Figure I: Illustrations. of Sign Type STREET Sec. 4.15.3 Sign content. Each sign authorized in this section 4. t5 may contain any noncommercial copy in lieu of, or in addition to, any commercial copy. (Ord. 01-18(3), 5-9-01) State law reference- Va. Code § 15.2~2280. See. 4.15.4 Signs authorized by sign permit. Except as provided in sections 4.15.6 (exempt signs) and 4.15.24 (nonconforming signs), a sign permit shall be required for each sign erected on the same lot with the principal use to which it pertains, prior to its erection, alteration, replacement or relocation, as provided herein: ~ Application. An application for a sign permit shall be submitted to the department of building code and zoning services, together with payment of the fee required for the application pursuant to section 35.0 of this chapter. A complete application shall consist of the following: administrator; A fully completed application form, provided to the applicant by the zoning 2. A schematic legibly drown 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 admini.qtrator to be necessary for the review of the application. B. Application review andpermit issuance. A sign permit application shall be reviewed and acted upon by the zoning administrator only as provided herein: 1. Within thirty (30) days of the receipt of a complete sign perrnk application, or within seven (7) days of the receipt of a complete sign application for a temporary sign, the zoning administrator shall review the application and either: (i) approve the application; (ii) deny the application; (ih~) refer the application to the applicant for more information as may he required by subsection (A)O); (iv) refer the application to the board of zoning appeals because the applicant must obtain a special use permit pursuant to section 4.15.5; and/or (v) refer the application to the architectural review board because the proposed sign will be located within the entrance corridor overlay district and a certificate of appropriateness is required. An application shall he denied only if the proposed sign is a prohibited sign or does not comply with the regulations set forth in this section 4.15. Iftlne application is denied, the reasons shall be specified in writing. 2. If the zoning admlni.qtrator fails to take one of the actions descnt~I herein within thirty (30) days of receipt ora complete sign permit application, or within seven (7) days of the receipt of a complete sign application for a temporary sign, the permit shall be deemed approved as received. C. Administration, generally. Except for permits issued for temporary signs; which are subject to the regulations in subsection (D), the following regulations shall apply to the administration of sign permits: 1, 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 or certificate of appropriateness is issued, whichever is later or, if the sign contains exclusively noncommercial 9 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, 2. The zoning administrator shall revoke a sign permit if the sign does not comply with any applicable regulation of this section 4. t 5. D. Administration, permits for temporary signs. The following regulations shall apply to the administration of sign permits issued for temporary signs: 1. A temporary sign that is a portable sign shall be stab'flized 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. 2. No more than four (4) permits for temporary signs shall be issued by the zoning admita~trator to the same establishment in any calendar year. 3. Each permit for a temporary sign shall be valid for a period not to exceed fifteen (15) consecutive days after the erection of the sign. (12-10-80; 7-8-92, §§ 4. t5.09, 4.15.09.1, 4.15.09.2, 4.15.09.3; Ord. 01-18(3), 5-9-01) State law reference- Va. Code §§ 15C2-22g0, 15.2-2286~ Sec. 4.15.5 Signs authorized by special use permit. Except as provided in subsection (D), electric message signs, off-sit~ signs, and signsin public rights-of-way may he authorized only by special use permit, as provided herein: A. Circumstances under which signs may be authorized. The signs may be authorized only under the following eircumstanees: 1. Off-site signs. Off-site signs may be authorized by special use permit within any zoning district. 2. Electric message signs. Electric message signs may be authorized by special use permit within any commercial or industrial zoning district, or any commercially designated areas of a planned unit development. 3. Signs in public rights-of-way. Signs in public rights-of-wax provided: (1) the subdivision or planned development to which the sign pertains abuts the public right-of-way; (2) the sign is either a subdivision sign or a sign identifying a planned development authorized by sections 19.0, 20.0, 25.0, 25A, and 29.0; (3) the freestanding sign regulations, other than setback regulations, applicable to the lot with the use to which the sign pertains shall apply; and (4) if the sign is located within an entrance corridor overlay district, a certificate of appropriateness is issued by the architectural review hoard. 10 B. Authority. The authority to issue a special use permit for off-site signs and electric message signs is hereby granted to the board of zoning appeals. C. Procedure and administration. The application procedure, the findings and conditions to be applied by the board of zoning appeals when considering an application for a special use permit, and the authority to revoke such a permit, shall be as provided in section 31.2.4 of this chapter. In addition to the foregoing: 1. For an off-site sign, the board ofzoning appeals shall also find that the issuance of a special use permit is necessary because an on-site sign would be ineffective to communicate its message off-site because of topography or vegetation. 2. For an electric message sign, the board ofzoning appeals shall also find that the sign complies with all applicable state laws for such signs. 3. A permit number for each special use permit issued for an off-site sign shall 'be affixed to the sign in a conspicuous place. D. Exception; certain off-site signs. A special use permit shall not be required for off-site directional, political, subdivision or temporary signs. (12-I0-80; 7-8~92, § 4.15.05; Ord. 01-18(3), 5-9-01) State law reference - Va. Cod~ §§ 15.2-2280, 15.2-2286. See. 4.15.6 Signs exempt from the sign permit requirement. The following signs are exempt from the sign permit requirement set forth in section 4.15.4 provided that they comply with the regulations set forth below and all other applicable regulations of this section 4.15: (1) Auction sign. An auction sign that does not exceed four (4) square feet in sign area, and which is posted for a total ofthirty (30) days or less in a calendar year. Such an auction sign shall be removed within seven (7) days after date of the auction. (2) Commemorative plaque. A commemorative plaque that does not to exceed four (4) square feet in sign area. (3) Construction sign. A construction sign that does not exceed thirty-two (32) square feet in sign area. Such a construction sign shall be removed within seven (7) days atler issuance ora certificate of oeeupaney. (4) Estate sign. An estate sign that does not exceed four (4) square feet in sign area. (5) Farm sign. A farm sign that does not include commercial identification and does 11 not exceed, four (4) square feet in sign area. (6) Home occupation class B sign. A home occupation class B sign that does not exceed four (4) square feet in sign area. (7) sign area. Incidental sign. An incidental sign that does not exceed four (4) square feet in (8) Political sign. One or more political signs that do not exceed the maximum sign area allowed for the physical type of the sign (e.g., freestanding, wall) within the applicable zoning district. (9) PriVate drive sign. A private drive sign that does not exceed four (4) square feet in sign area, limited to one such sign per entrance. (10) Public sign. A public sign. (tt) Residence sign. A residence sign that does not exceed four (4) square feet in sign (12) Residential sign. One or more residemiaI signs that are not illuminated signs and do not exceed thirty-two (32) square feet in cumulative sign area. (13) Special decorative display. A special decorative display ttsed for holidays or public events, and which is displayed for a total of sixty (60) days or less in a calendar year. Such a display shall be removed within seven (7) days of said event. (14) Temporary directional sign. A temporary directional sign that is erected no closer than five (5) feet from a front lot line and does not exceed four (4) square feet in sign area, (15) Real estate sign. A real estate sign that does not exceed thirty-two (32) square feet in sign area. Such a real estate sign shall be removed from the site within seven (7) days of sale, lease or rental. (16) Warning sign. A warning sign that is erected by a private landowner and does not exceed four (4) square feet in sign area. (1 7) Window sign. A window sign~ (12-I0-80; 7-8-92, § 4.15.04; Ord. 01-18(3), 5-9-01) 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: 12 A~ Signs that violate state or federal law. Signs that violate state or federal law, including but not limited to: 1. A sign that violates any law of the Commonwealth of Vireinia related to outdoor advertising, including but not limited to Virginia Code §§ 33.1-351 to 3~.1-381, inclusive, and 46.1-174. 2. A sign that violates any law of the United States related to the control of outdoor advertising, including but not limited to 23 U.S.C. § 131. scenic highways. A sign that violates any state or federal law related to Virginia byways or 4. A sign that violates the building code or the fire code. 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: 1. Sign that is attached to another thing. A sign, other than a public sign or a warning sign, that is nailed, tacked, painted or in any other manner attached to any tree, cliff, fence, utility pole or support, utility tower, rack, curbstone, sidewalk, lamp post, hydrant, bridge or public property of any descriptio~z 2. Sign that casts illumination off-site. A sign that casts illumination, directly or indirectly, on any street, or on any adjacent property within a residential district. floating sign. Floating sign. A sign that is a moored balloon or other type of tethered 4. Lighting that illuminates outline. Lighting that outlines any structure, sign structure, sign or part thereof with neon or other light. 5. Sign that imitates a traffic sign or signal or a road name sign. A sign that imitates an official traffic sign or signal or a road name sign, or conflicts with traffic safety needs due to its location, color, movement, shape or illumination. 6. Sign with neon illumination. A sign that uses exposed, bare, or uncovered neon ilkmaination, or uses neon illumination covered by a transparent material, inc~g such signs installed within a building or structure within the entrance corridor overlay district and vis~le from an entrance corridor. 7. Sign that obstructs vision. A sign that obstructs free or clear vision, or otherwise causes a safety hazard for vehictflar, bicycle, or pedestrian traffic due to its location, 13 shape, illumination or color. 8. Pennants, ribbons, spinners streamers. Pennants, r~bons, spinners, streamers or similar moving devices, whether or not they are part of a sign. 9. Sign erected inpublic right-of, way. A sign, other than a public sign, erected on or over a public right-of-way unless the sign is authorized under section 4.15.5. 10. Sign that contains or consists of searchlight, beacon or strobe light. A sign, other than a public sign, that contains or consists of a searchlight, beacon, strobe light, or similar form ofillumination~ 11. Sign that produces sound. A sign that. produces sound for the purpose of attracting attention regardless of whether the sign has a written message content. 12. Sign that contains or consists of strings of light bulbs. A sign that contains or consists of one (1) or more strings of light bulbs that is not part ora decorative display. 13. Sign with unsafe illumination. A sign that is illuminaled so as to be unsafe to vehicular or pedestrian traffic. 14. Sign erected in unsafe location. A sign that is erected in a location so as to be unsafe to vehicular or pedestrian traffic. 15. Sign determined by official to create safety hazard. A sign whose characteristics, including but not limited to its construetion, design or location, are determined by a fire official, the building official, or a law enforcemem officer to create a safety hazard. C. Certain sign types. Signs that are: t. Alfimated signs. 2. Advertising vehicles, 3. Banners, except as an 'authorized temporary sign. 4. Billboards. 5. Flashing signs. 6. Moving signs. 7. Roofs~ns. 14 (12-10-80; 7-8-92, ~ 4.15.06; Ord. Ord. 01-18(3), 5-9-01) State law reference- Va. Code § 15.2~2280. Sec. 4.15.8 Regulations applicable in the RA, VR, R-1 and R-2 zoning districts. The following regulations pertaining to the number of signs permitted per lot or establishmem, the sign area, sign height, and setback requiremems shall apply to each sign for which a sign permit is required within the Rural Areas (RA), Village Residential (VR) and Residential 0~-1 and R-2) zoning districts: Sign Type Number of Signs Sign Area Sign Height Sign Setback AHowed (Maximum) (Maximum) (Minimum) Directory 1 or more per estabtislnneat, 24 squa~ fe~t, a~ 6 ~'t I0 feet as authorized by zoning administrator 1 per street fioalage, or 2 pot entrance, per lot 24 square fe~t, aggregate, ' Freestanding with I O0 or more feet of continuous street if more than I s/go, no 10 ~ 10 feet fi'ontage, plus t per lot iftl~ lot is grea~r than single sSgn shall e~xceed 12 4 acres and has more than t approved entrance square feet . on its Subdivision 2 per entranc~ per subdivis/on 24 square feet. aggregated, 6 feet 5 feet Temporary t per street 24 square fcvt sign; 20 f~t, ffwatl 10 feel fim~tge p~ c~ablishment sign, lint not to ox~ed the top of the fasc/a or r , , man.rd 40 squa~ feet, aggregated ' ' [J/a// As calculated pursuant to section 4.15.20 in the RA zoning district; 20 20 feet Same as that square feet, agg~ated, in applicable to (12-10-80; 7-8-92, § 4.15.12.1; Ord. 01-18(3), 5-9-01) State law reference - Va. Code § 15.2-2280. 15 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 Sign Area Sign Height Sign Setback Allowed (Maximum) (Maximum) (Minimum) Direetory I or moropor e~a~blishmont, 24 square feet, aggreoted 6 feet 10 as anthorized by zoning admin/strator 1 per street frontage, or 2 per ~txance, per Iot 24 square feel aggregated; with 100 ormom f~ot ofconfinuous street ffmom than 1 sign, no 10 feet 10 feet Freestandittg fronlage plus 1 per lot ffthe lot is geater than 4 s/ngle sign shall exceed 12 acres and has more than 1 approved entraneo on square Projecting 1 per street ~ontage 24 square fe~t 20 geet, but not to Not applicable exceed the top of tho fa~a .or man.qard Sttbdivisiott 2 per entrance per mM/vis/on 24 square feet, aggregat~i, 6 f~ 5 feet per entrance lO fee~ Tetttpotcttty 1 per street 24 square feet sign; 20 feet, ffwalt 10 f~et · ontage per estabtishmem sign, but not to exceed the top of the faseht or mm~vqtrd }}fa// As calculated pursuant to section 4.15 20 20 square feet, aggregated 20 feet Same as that applicable to (12-10-80; 7-8-92, § 4.15.12.2; Ord. 01-18(3), 5-9-01) State law refereaee- Va. Code ~ 15.2-2280. 16 Sec. 4.15.10 Regulations applicable in the R-10, R-15 and PRD 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- 10 and R- 15) and Planned Residential Development (PRD) zoning districts: r Sign Type Number of Signs Sign Area Sign Height Sign Setback Allowed (Maximum) (Maximum) (Minimum) r Directory I or more per establislwaeat, 24 square fee, t, aggregated 6 fc~ 5 feet as attthorized by zoning administrator 1 per street frontage, or 2 per entrant% per lot 24 square f~t~ aggregated; with 100 or moro f~t ofcontinuous street ifmore than 1 sign, no 12 feet 5 feet Freestanding ~ontagoplas I per lot fftho lot is greater than 4 slnglesignshallexc~ed 12 acres and has more than I app~ed entrance on square fe~ Pro. jeering 1 per street fi'ontage 24 square f~ 20 feet, but not to Not applicable ,fascia or r~n~ard Subdivision 2 per ~mtrance per subdivision 24 square feet, aggregated, 6 fc~'t 5 feet ~2 feet, ff~oestaad~ Temporary 1 p~r s~.~t 24 rq~ feet si~n; 2O f~k ifwatl 5 feet frontage per establishment sign, but not to exceed the top of tho t~tseia or mansard }Fail ~ ml~ulated pursuant to section 4. I5.20 1 square foot l~r 1 l/near 20 f~ Same as that foot of establishment applicable to structure frontage, not to structure exceed 32 square feet (12-10-80; 7-8-92, § 4.15.12.3; Ord. 01-18(3), 5-9-01) State law reference- Va. Code § 15 62-2280. 17 Sec. 4.15.11 Regulations applicable in the PUD zoning district. 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 with~,~ the Planned Unit Development (PUD) zoning district: Sign Type Number of Signs Sign Area Sign Height Sign Setback Allowed (Maximum) (Maximum) (Minimum) Directory 1 or mom per e,sta~ 24 squar~ ~ aggregated 6 feet 5'fe~t as outh~zcd by zoning adm/nistrator with 100 or more fee~ of continuous s0reet if more than 1 sign, no 12 feet 5 feet Freestanding frontag~plus 1 per lot fftl~ lot is gr~a~ than 4 singte sign shaH exceed 12 acres and has more than 1 approv~ enlranc~ on square ~feet Pro}ecting 1 per street frou~ge 24 square fe~t 30 feet, but not to Not applicable ~xxl tl~ top ofth¢ Sttbd/~/ott 2 per onlrance l~r subdivision 24 square feet, aggr~t~ 6 feet 5 12 feet, fffm~nd~ Temporary 1 per street 24 sqtmre feat sign; 20 f~ if 5 feet fi'enrage pea- establishment residomial wall sign or 30 feet ffnoorosi&a~ walt si~ but not to oxc~ the top of tho . . fils~ia or mansard ' 1 square foot t~r 1 ltn~x Wa// As calculated pm~ant to seetiou 4.15.20 foot of establishment 20 feet, ifresid~mtiat Same as that smteture frantage, not to wall sign or 30 ~ ff applicable to exc,~.d. 32 square feet if nonres~ wall sign residential wall sign, or 1 O0 square feet ffnonrezidenlhd wall sign (12-10-80; 7-8-92, ~ 4. I5.12.4; Ord. 01-18(3), 5-9-01) State law reference - Va. Cod~ § 15.2-2280. 18 Sec. 4.15.12 Regulations applicable in the C-1 and CO 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 Connx~cial (C-l) and Commercial Office (CO) zoning r Sign Type Number of Signs Sign Area Sign Height Sign Setback Allowed (Maximum) (Maximum) (Minimum) Directory 1 or moro per cstablislnntrot, 24 square feet, aggregated 6 feet 5 feet as authorized by zoning administrator .... I per street frontage, or 2 per eutmnce, per lot 32 square feet, aggregated; with 100 or more feet of continuous street ffmoro titan 1 sign at an 12 feet 5 lbet frontagoplus t per lot ffthe lot isgreater than4 entrance, no single sign !Freestanding acres and has more than I approvod enlmn~ on shall exceed 16 square foet .... its fiwatage Projecting* 1 per street ~ontage 32 square feet 30 fax~ but not to Not applicable exceod the top of the 12 feet, iffreestanding Tctttportlty 1 per street 32 square fext sign; 30 feet if vatll 5 f~t frontage per establishment sign, but not to exceed the top of tho ~/a ~ ' , man.fid 1 square foot per 1 linear ]~rtt//. As calcula~l pursuant to section 4.15.20 foot of establ~lnnent 30 feet San~ as that slmehtm fi'ontage, not to applica[~ to exceed 100 square feet stmemm *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), 5-9-0t) State law reference - Va~ Code § 152-2280. 19 Sec. 4.15.13 Regulations applicable in the HC, PD-SC and PD-MC zoning districts. The fbllowing 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 Highway Commercial (HC), Planned Developmem- Shopping Center (PD-SC) and Planned Development-Mixed Commercial (PD-MC) zoning districts: Sign Type Number of Signs Sign Area Sign Height Sign Setback Aflowed (Maximum) (Maximum) (Minimum) Directory I or more per establishment, 24 square feet, aggregated 6 feet 5 feet as authoriz~ by zoning administrator I per slre~ tluuiage, or 2 per ~ut~as,ce, per lot 32 square feet, aggregated; with 100 or moro feet of~matinuous m ifmore than I sign at an 12 f~t 5 get tirontago plus I per lot ifthe lot isgreater than 4 entrance~ no single sign Freestanding acres and has mom lhan 1 approved entrance on shall e~ceed 16 squa~ f~ its frontage ProJecting* 1 per strut frontage 32 square fi~et 30 feet, but not to Not applicable exceed fl~e top oftl~ fascia or mansard ' 12 feet, if freeatalding Temporary 1 per stm~t 32 square feet sign; 30 tL~ if wall 5 fe~t ~ontage t~r establishment sign, but not to exceed tl~ top of the fascia or 1.5 square feet per I linear ' 1/ga//. As eatealated parsmmt to section 4.15.20 foot of establislanoat 30 feet Santo as that stnman~ fixmtage, not ~ applicable to exceed 200 square foet slmelnre *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). (I2-10-80; 7-8-92, § 4. t5. I2.6; Ord. 01-18(3), 5-9-01) State law reference- Va. Code § 15.2-2280. 20 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 Development4ndustrial Park (PD-IP) zoning districts. r r Sign Type Number of Signs Sign Area Sign Height Sign Setback Allowed (Maximum) (Maximum) (Minimum) Direetory 1 or mor~ per establishmont, 24 square fe~, aggrega~ 6 feet 5 f~t as author/zed by zoning adminismaor I per street ,~o~ge~ or 2 per euhmsc~, l~r lot 32 square fe~ aggregated; ' ' ~ 100 or mo~ foot of continuous street ffmoro than I sign at an 12 fe~t 5 feet franlago plus I por lot fftho lot is groater than 4 entmoce~ no single sign Freestanding aeregand has moro than I approvgM oatrane~ on shall oleeoed 16 sq~mre li~t Projeeting* I per street frontage 32 squar~ foet 30 li~ but not to 5 ~ ~xc~e~l tho top of tho ~2 f~ Temporary 1 per streot 32 square foot sign; 30 ~ if veall 5 feet l?antage per establislmaeat sign, but not to excood tho top ortho fas~/a or 1.5 square feet per 1 liner Wa/l* As calculated pursuant to section 4.15 ~20 foot of astablishm~t 30 feet Same as fiat smacture frontage, not to applicable to exceed 200 sqaaro fe~ slractu~ *Each establishment may have both a projecting sign and a wall sign. If the establishmem has both such signs, the allowed sign area of the wall sign shah be reduced by the sign area of the projecting sign (which may not exceed thirty-two 02) square feet). (12-10-80; 7-8-92, § 4.15. I2.7; Ord. 01-18(3), 5-9-01) State law reference - Va. Code § 15.2-2280. See. 4.15.15 Regulations applicable in the entranee 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, including a sign erected on or visible through a window on a structure, the owner or lessee of the lot on which the sign will be located shall obtain a certificate of appropriateness for that sign. B. Authority and procedure for acting upon application for certificate of 21 appropriateness. The authority and procedure for acting upon an application for a certificate of appropriateness for a sign shall be as set forth in sections 30.6.4, 30.6.7 and 30.6.8 of this chapter, and as follows: 1. The agent is authorized to review and act upon an application for a certificate of appropriateness for a sign if the sign will not require a variance and the sign: (7 will either not be internally illuminated or will be internally illuminated with an opaque background; (ii) will replace an existing sign that will be substantially the same as the existing sign; or ('fii) wilt be in a multi-business complex or shopping ceater, the architectural review board has completed its comprehensive sign review therefor, and the sign will meet all of the requirements established by the architectural review board during its review. The agent may require that a sign otherwise elig~le for review by the agent be reviewed by the arctn'tectural review board. 2. The architectural review board shah review and act upon an application for a certificate of appropriateness for each sign that is not elign'ble for review by the agent as provided in subsection (B)(1), or that is referred to the architectural review board by the agent. 3. Each application for a certific~e of appropriateness shall be accomlm~ by a site plan that shows the location of all s'~mns proposed to be erected on the lot or tots subject to the site plan. C. Scope of review and authority to impose conditions. Each application for a certificate of appropriateness for a sign shall be reviewed for consistency with the purpo~ and requirements of this section 4.15 and the architectural review board's design guidelines, and conditions may be imposed upon the certificate of appropriateness to assure such consistency, including but not limited to conditions minimizing window signs. D. Comprehensive sign review. For each proposed new multi-business complex or shopping center, the architectural review board Shall conduct a comprehensive sign review prior to issuing a certificate of appropriateness. The review shall inchde, but not be limited to, a review and determination of the appropriate style, size, eotors, materials, ~ion and location of all proposed signs, and any other provisions of the architectural review board's design guidelines. (I2-10~80; 7-8-92, § 4.15.12.8; Ord. 01-18(3), 5-9-01) Slate law reference- Va. Co&~ §§ 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 ident'ffied herein: 22 A. All sign types. The following regulations shall apply to all signs, including exempt signs: (i) no sign shall be erected within the applicable minimum setback area or within the sight distance triangle; and (ii) the area of the sign face shall not exce~ two hundred (200) percent of the sign area. B. Anchor signs. In each shopping center exceeding one hundred thousand (100,000) square feet in gross floor area: (i) one (1) freestanding anchor sign shall be permitted for each one hundred thousand (100,000) square feet in gross floor area, not to exceed four (4) anchor signs at the shopping center; and (ii) each anchor sign shah not exceed six (6) square feet in sign arem C. Canopy signs. A canopy sign shall not extend above or below the edge of the anopy s fascia. D. Freestanding signs. The following regulations shall apply to freestanding signs: (i) the maximum comt~ed size of a freestanding sign and its support structure shall not exceed two and one-half (2.5) times the maximum allowable sign size; and (ii) a tot with less than one hundred (t00) feet of frontage, on which them is erected a freestanding sign on the date of the adoption of this regulation, shall be permitted one (t) freestanding sign. E. Gasoline service station fuel price signs. Gasoline service stations shall be permitted additional sign area for the exclusive purpose of displaying fuel prices. This sign area shall be calculated at a maximum of fifty (50) percent of the principal s'w,,n area to which it is attached or sixteen (16) square feet, whichever is less. F. Menu signs. An outdoor menu sign shall be permitted as a directory sign only on a lot with a permitted drive-through use and shall not be visible from any street. G. Off-site signs. An off-site sign shall count toward the signage allowed On the lot on which the sign is located. H. Projecting signs. A projecting sign shall not be mounted on the fascia of a canopy and shall not be mounted such that the projecting sign extends, in whole or in part, above the top of the wall structure. I. 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) State law reference - Va. Coa~ § 15.2-2280. Sec. 4.15.17 Determining sign area. The sign area shall be measured as provided herein: iL Measurement. The sign area shall be measured as the area of a sign face within the smallest square, circle, rectangle, triangle or combination thereof; that encompasses the extreme 23 limits of the letters, figures, designs, devices, pictures, projected images, symbols, fixtures, logos, emblems or insignias, or any part or combination thereof, together with any materials or colors forming an integral part ofthe background of the sign face or used to differentiate the sign from the backdrop or structure again~ which it is placed. Two-sided sign faces shall be counted as single sign face provided the angle separating them does not exceed forty-five (45) clegrees. See Figure II following this section. B. Area not included. The sign area shall not include any supporting framework, bracing or decorative fence or wall when such feature otherwise complies with the regulations of this section 4.15 and is clearly incidental to the sign itself (12-10-80; 7-8-92, § 4.15.07.1; Ord. 01-18(3), 5-9-01) State law r~fer~nvt - Va. Co& § 152-2280. I< ' ]{3' >1 l< A, CHANNEL LETTERS B. FLEX FACE/BOARD Figure H: Measuring Sign Area Sec. 4.15.18 Determining sign height. The sign height shall be measured as provided herein: A. Measurement. The sign height shall be measured as the vertical distance from the normal grade directly below the sign to the highest point of the sign or sign structure, whichever is higher, and shall include the sign base, regardless ofmateriak including earth used primart~y to elevate the sign. See Figure III following this section. 24 B. Determining the highest point, In determining the highest point of the sign or sign structure in subsection (A), the normal grade from which to measure the bottom of the sign height shall be that which is either exkqting prior to construction, or newly established after construction, depending on which grade is more consistent with the surroundh~g elevation of the lot on which the sign is located. Any fill or excavation that serves primarily to elevate the sign shall be included in the height ofthe sign. (t2-I0-80; 7-8-92, § 4.15.07.2; Ord. 01-18(3), 5-94)1) State law reference- Va. Cod~ § 15.22280. Sign es..t.a ndin- Finished Grade Figure III: Measuring Sign I~ight Sec. 4.15.19 Determining sight distance triangle. The sight distance triangle, shall be measured as provided herein: A. Measurement. The sight distance triangle is that triangular area on a property between the two lines created by the existing or proposed right-of-way lines of intersecting exterior streets and/or street commercial entrances, and the straight line connecting them at points ten (10) feet distant from where the fight-of-way lines intersect. See Figure IV following this section. B. Area not included. The driveway for a single-family or two-family residence shall not be included in this calculation. 25 C. Extension ofsight distance triangle. The sight distance triangle maybe extended to conform to minimum Virginia Department of TransPortation sight distance standards. (12-10-80; 7-8-92, § 4.15.07.3; Ord. 01-18(3), 5-9-01) State la~ reference- Va. Corle § 152-2280. Street or Highway > , , Right-:of-Way I 10'-0"-------~ I Line ~ Figure IV: Determining Sight Distance Triangle Sec. 4.15.20 Determining structure frontage. The structure frontage shall be measured to calculate the permitted wall signage as provided herein. A. Measurement. The structure frontage is the horizontal length of the outside structure wall of the establishment, in one plane, adjacent to a street. B. Two or more walls adjacent to a street. If an establishment has two (2)or more walls adjacent to a street, at least one of which is an exterior wall, one (1) of these additional walls may be used to calculate additional wall signage at one-third (1/3) the rate as allowed on the structure frontage. The total permitted wall signage may then be divided to be used on any walls of the structure and/or canopy, provided that no one wall sign shall exceed the applicable maximum a~wable sign area. (12-I0-80; 7-8-92, § 4.15.07.5; Ord. 01-18(3), 5-9-01) 26 State law reference - Va. Code § 15.2-2280. Sec. 4.15,21 Determining sign setback. For all signs other than a sign within a public right-of-way, the sign setback shall be measured from the property line or, in the case ofan access easement, from the edge ofthe easement, to the closest point of the sign. The setback for a sign within a public right-of-way shall be measured from the edge of the travelway to the closest point of the sign. See Figure V following this section. (12-I0-80; 7-8-92, § 4.15.07.4; Ord. 01-18(3), 5-9-01) State law reference- Va. Code § 15.2-2280. > EDGE OF SIGN 1;Sgnre V: Delermining Sign Setback Sec. 4.15.22 Sign maintenance. Each sign, incl~ading the sign structure, shall be maintained at all times in a safe structural condition, in a neat and clean condition, and shall be kept free from defective or missing parts. (12-t0-80; 7-8-92, § 4.15.09.4 (part); Ord. 01-18(3), 5-9-0D State law reference - Va. Code § 15.2-2280. Sec. 4.15.23 Sign alteration, repair or removal; when required. 27 A sign shall be altered, repaired or removed in any of the following cases: A~ Alteration, repair or removal; unsafe or endangering condition. Ifa sign becomes structurally unsafe, as determined by the building offiCial, so as to become a danger to the public health or safety, the zoning administrator may order the owner or lessee of the property on which the sign is located to alter, repair or remove the sign within a time period determined by the zoning administrator to be appropriate under the circumstances. If the owner or lessee fails to comply with the order, the zoning administrator may cause the sign to be removed or ~e such other action as may be necessary to compel the alteration, repair or removal of the sign. B. Removal; unlawful erection of sign. Ifa sign is erected on private property in violation of this section 4.15, the zoning administrator shall order the owner or lessee of the property on which the sign is located to remove the sign within a time period determined by the zoning administrator to be appropriate under the circumstances. If the owner or lessee fails to comply with the order, the zoning administrator may cause the sign to be removed or initiate such other action as may be necessary to compel compliance with the provisions of this section 4.15. If a sign is erected on public property, including a public right-of-way in violation of this section 4.15, any county employee may immediately remove the sign without prior notice to the owner of the sign. C. Removal of copy on sign face; discontinuance of pertinent use. If the use of a structure or property is discontinued, the copy on each sign :face pertaining to that use shall be removed by the owner or lessee of the property on which the sign is located within two (2) years bom the date of the discontinuance of the use. If the owner or lessee fails to remove the copy, the zoning admini,qtrator may cause the copy to I~ removed or initiate such other action as may be necessary to compel compliance with the provisions of this section 4A5. D. Liability for cost of removal by county, If the zoning administrator causes a sign or copy on a sign'face to be removed under the provisions of this section, the cost of such removal shah be chargeable to the owner of the sign or the owner or lessee of the property on which the sign is located. E. Custody and destruction of removed signs. Cardboard and paper signs that have been removed by the county pursuant to this section shall be destroyed upon removal. All other '~sigrt~ q which have been removed by the county shall he held for a period of thirty (30) days and may be reclaimed by the sign owner within that time by reimbursing the county for the costs of removal. If such a sign is not reclaimed within the thirty (30)-day period, it shall be deemed to have been forfeited by the owner and shall be destroyed. (12-10-80; 7-8-9~, § 4.15.09.4 (part); Ord. 0t-18(3), 5-9-01) State law reference - Va~ Cod~ § 15.2-2280. Sec. 4.15.24 Nonconforming signs. A nonconforming sign may continue, subject to the provisions, conditions and prohibitions set forth herein: f 28 A. Alteration of copy. The copy ora nonconforming sign may be altered by refacing the sign by or for the current owner of the establishment to which the sign pertains. B. Alteration of sign structure. A nonconforming sign shall not be structurally altered; provided that the zoning administrator may authorize a nonconforming sign to be structurally altered so that it is less nonconforming and further provided that each time the nonconforming sign is structurally altered, the sign area and sign height shall be reduced by at least twenty-five (25) percent of its current area and height until the sign area and the sign height are conforming. C. Consolidation. Two or more nonconforming signs on a lot may be consolidated into a single sign; provided that the resultJng sign area and sign height shall be reduced by at least twenty-five (25) percent of its current area and height until the sign area and the sign height are conforming, and further provided that each time the resulting nonconforming sign is thereafter consolidated with another nonconformin4 sign on the lot, the resulting sign area and sign height shall be reduced by at least twenty-five (25) percent of its current area and height, until the sign area and the sign height are conforming. A sign resulting ~om the consolidation of nonconforming signs shall not have greater sign height than any of the signs that were consolidated. D. Discontinuance of copy on sign face. A nonconforming sign without copy on its sign face for a continuous period of two (2) years shall lose its nonconforming status and be removed by the owner of the property on which the sign is located. E. Discontinuance of use or structure to which sign pertains. A nonconforming sign shall lose its nonconforming status and be removed by the owner of the property on which the sign is located if the use to which the sign pertains is discontinued for more than two (2) years. extended. Enlargement or extension. A nonconforming sign shall not be enlarged or condition. Maintenance. A nonconforming sign shall be maintained in good repair and H. Relocation. A nonconforming sign shaft not be moved to another location on the same lot or to any other lot; provided that the zoning administrator may ~thorize a nonconforming sign to be moved to a location that is more in compliance with the purpose and intent of this section 4. t5. I. Replacement or restoration. A nonconforming sign may be replaced or restored only as provided below: 1. A nonconforming sign that is destroyed or damaged by the owner of the sign or the owner of the lot on which the sign is located shall not be replaced or restored unless it 29 complies with this section 4.15. 2. A nonconforming sign that is destroyed or damaged as a result of factors beyond the control of the owner ofthe sign and the owner of the lot on which the sign is located, to an extent the destruction or damage exceeds fif~ (50) percent of its appraised value, shall not be replaced or restored unless it complies with this section 4. t 5. 3. A nonconforming sign that is destroyed or damaged as a result of factors beyond the control of the owner of the sign and the owner of the lot on which the sign is located, to an extent the destruction or damage is fifty (50) percent or less of the appraised value, may be replaced or restored provided that the replacement or restoration is completed within two (2) years after the date ofthe destruction or damage, and the sign is not enlarged ~or extended. J. Removal ~in unsafe condition. A nonconforming sign declared to be unsafe by a public safety official because of the physical condition of the sign, including an ansafe physical condition arising from the failure ofthe sign to be maimained, shall be removed. IC Registry of nonconforming signs. The owner of any property on which there is erected a nonconforming sign shall, upon notice from the zoning administrator, submit verification within sixty (60) days that the sign was lawfiflly in existence at the time of adoption of these sign regulations. The zoning administrator shall maintain a registry ofsnch nonconforming signs. (12-I0-80; 7-8-92, §§ 4. I5.09.5, 4, I5. I0; Ord. 01-18(3), 5-9-01) State law reference- Va. Code § 15.2-2280. Sec. 5.2.2 Regulations governing home occupations. Sec. 5.2.2.1 The following regulations shall apply to any home occupation: a. Such occupation may be conducted either within the dwelling or an accessory smacture, or both, provided that not more than twenty- five (25) percent of the floor area of the dwelling shall be used in the conduct of the home occupation and in no event shall the total floor area of the dwelling, accessory structure, or both, devoted to such occupation, exceed one thousand five hundred (1,500) square feet; provided that the use ofaeeessory structures shall be permitted only in connection with home occupation, Class B; b. There shall be no change in the outside appearance ofthe buildings or premises, or other visible evidence of the conduct of such home occupation; provided that ahome occupation, Class B, may erect one home occupation Class B sign as authorized by section 4.15 ofthis chapter. Accessory structures shall be similar in facade to a single-family dwelling, private garage, shed, barn or other structure normally expected in a rural or residential area and shall be specifically compatttile in design and scale with other development in the area in which located. Any acx~sory structure which does not conform to the setback and yard regulations for main sa-uclm~ in the district in which it is located shall not be used for any home occupation; 3O c. There shall be no sales on the premises, other than items hand crafted on the premises, in connection with such home occupation; this does not exclude beauty shops or one- chair barber shops; d. No traflie shall he generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for park'mg generated by the conduct of such home occupation shall he met off the street; 4.14; Alt home occupations shall comply with performance standards set forth in section f. Tourist lodging, nursing homes, nursery schools, day care centers and private schools shall not be deemed home occupations. Sec. 5.2.2.2 Prior to issuance of clearance for any home occupation, the zoning admini~crator shall require the applicant to sign an affidavit stating his clear tmderstanding of and intent to abide by the foregoing regulations. (t2-t0-80, § 5.2.2; Ord. 01-18(3), 5-9-01) 31 Article III. Sec. 21.7 Minimum yard requirements. Sec 21:7.1. District Regulations Adjacem to public streets: No portion of any structure, excluding signs, shall be erected closer than thirty (30) feet to any public street right-of-way. No off-street parking or loading space shall be located closer than ten (10) feet to any public street right-of-way. (12-10-80, § 21.7,1; 7-10-85; 9-9-92; Ord. 01-18(3), 5-9-0I) State ~a~ reference- Va. Cod~ § 15~2-2280. Sec. 30.6.2 Application. The entrance corridor overlay district is created to conserve elements oftbe county', s scenic beatity and to preserve and protect corridors: (i) along arterial streets or highways, designated as such pursuant to Title 33.1 ofthe Virginia Code, found by the beard of supervisors to be significant routes of tourist access to the county; (ii) to historic landmarks as established by the Virginia Landmarks Commission together with any other buildings or structures within the county having an important historic, architectural or cultural interest and any historic areas with~ the county as defined by Virginia Code § 15.2-2201; or (iii) to designated historic landmarks, buildings, structures or districts in any contiguous lOcality. a. An entrance corridor overlay district may be established over any basic zoning district and/or any other overlay district, and upon the highways and their rigtrts-of-way identified in subsection (c) (the "EC stree" ts ), regardless of whether such EC streets are otherwise within a zoning district. b. Entrance corridor overlay districts are hereby established upon the parcels of land contiguous to the EC streets delineated in subsection (c), from the edge of the ri~,t~t-of-way to the greater of either: (i) the full depth ofthe parcel, as the parcel existed on the original adoption date of section 30.6; or (ii) a depth of five hundred (500) feet. c. Subject to subsection (b), entrance corridor overlay districts are hereby estab~ upon and along the following highways: 1. U.S. Route 250 East. 2. U.S. Route 29 North. 3. U.S. Route 29 South. Virginia Route 20 South. Vir~nla Route 631 South fi.om Charlottesville City limits to Route 708 and 32 from U.S. Route 29 North to Route 743. (Amended 11-14-90; Amended 4-12-00) 6. U.S. Route 250 West. 7. Virginia Route 6. 8. Virginia Route 151. 9. Interstate Route 64. 10. Virginia Route 20 North. 11. Virginia Route 22. 12. Virginia Route 53. 13. Virginia Route 231. 14. Virginia Route 240. 15. U.S. Route 29 Business. 16. U.S. Route 29/250 Bypass. 17. Virginia Route 654. (Added 11-14-90) 18. Virginia Route 742. (Added 11-14-90) 19. Virginia Route 649' t~om U.S. Route 29 North to Virginia Route 606. (Amended 4-12-00) 20. Virginia Route 743 from U.S. Route 29 North to Virginia Route 676. (Amended 4-12-00) (Ord. 01-18(3), 5-9-01) See. 30.6.3.2 By special use permit. Each of the following uses are authorized within the entrance corridor overlay district only by spec~ use permit: a. Ail uses authorized by special use permit in the underlying districts; b. Outdoor storage, display and/or sales serving or associated with permitted uses, 33 any portion of which would be visible from an EC street; provided that review shall be limited to the intent of this section 30.6. Residential, agricultural.and forestal uses shall be exempt from this provision. (Amended 9-9-92) c. The construction or location of any structure, including any subdivision sign or sign identiOfing a planned development as provided in section 4.15.16(I) of this chapter, upon the superjacent and subjacent airspace of an EC street that is not required for the purpose of travel or other public use by the Commonwealth of Virginia or other political jurL~liction owning such street. (Ord. 01-18(3), 5-9-01) Sec. 30.6.5 Signs. In addition to the special use permit requirement for those signs identified in section 30.6.3.2, signs within the entrance corridor overlay district shall be subje~ to the regulations set forth in section 4.15 of this chapter. Notwithstanding any other provision of this section 30.6, the agent shall be authorized to issue certificates of appropriateness for elig~te signs under section 4.15.15. For such qualifying signs, the provisions of sections 30.6.4, 30.6.7 and 30;6.8 shall apply to the agent as it does to the architectural review hoard. (Amended 7-8-92) (Ord. 01-18(3), 5-9-01) I, Ella W. Catty, do hereby certify that thc foregoing writing is a true, correct copy of an Ordinance duty adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to ~ro, as recorded below, at a regular meeting held on May 9, 2001.. Clerk, Board of Co'"~ty Supe/r~ors Aye Nay Mr. Bowerman y Mr. Dorrier Y M~s. Humphris __Y~ Mr. Martin Y Mr. Perkins __Y_ Ms. Thomas __Y_ 34 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 MEMORANDUM TO: FROM: DATE: RE: Robert W. Tucker, County Executive V. Wayne Cilimberg, Director of Planning & Community Development April 23, 2001 ZTA-2001-01 Sign Ordinance The Albemarle County Planning Commission, at its meeting on Apdl 10, 2001, unanimously recommended approval of the above-noted zoning text amendment. The Board of Supervisors is scheduled to review this at their May 9, 2001 meeting. Attached please find a staff report, which outlines this amendment. If you have any questions, please do not hesitate to contact' me. VVVC/jcf Cc: Ella Carey ATTACHMENT STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Amelia McCulley April 10, 2001 May 9, 2001 ZTA 200-1-01: TO AMEND THE ZONING ORDINANCE AS IT RELATES TO THE REGULATION OF SIGNS IN ALL ZONING DISTRICTS ORIGIN: 'Planning Commission Resolution of Intent. PUBLIC PURPOSE TO BE SERVED: · Addresses recurring vadance requests for wall sign height. In accordance with State Code and our Zoning Ordinance, when a variance is of a re.curring nature, it should be addressed by amending the regulation. · Provides corrections to several problematic regulations which were difficult to interpret or impractical to apply. · Revises regulation of political signs in accordance with case law. · Establishes standard regulations for temporary signs. · Codifies policy of the Architectural Review Board, to alloTM administrative review in certain cases. · Provides "housekeeping" corrections and clarifications, including clearer graphic depictions of terms 'and procedures. PROPOSAL: To amend several sections of the ordinance which deal with the regulation of signs in all zoning districts, including related terminology. Specifically, the draft ordinance amends Section 4.15 Signs; Section 5.2.2 Home Occupation Signage; Section 21.7.1' Sign Setback; and Sections 30.6.2, 30.6.3.2 and 30.6.5 Sign Regulations in the Entrance Corridor Overlay District. BACKGROUND: The current sign regulations were comprehensively amended on July 8, 1992. This amendment limited the number and decreased the size, height and setback of freestanding signs. It also required a special permit for off- site signs and addressed old, nonconforming signs by creating an incentive and requiring further compliance with changes to the sign. Over the years, there have been repeated variance requests to increase the height of wall signs in commercial districts. These recurring variances sought to utilize the 30 foot wall sign height which had been reduced to a 20 foot maximum with the 1992 (current) sign regulations. As a result of hearing continuing requests for these sign variances, the Board of Zoning Appeals asked Zoning staff to amend the regulations. ZTA-2001-001 To Amend Sign'Regulations In Zoning Ordinance Page 2 In addition to the need to address wail sign height by a text amendment, staff recognized several other areas of problematic or insufficient sign regulation. Over the past several years, staff has held numerous discussions and worksessions with sign contractors, developers, the Architectural Review Board, the Planning CommiSsion and others. This draft ordinance reflects the more recent roundtable with sign contractors and business owners (October 5, 2000), the worksession with the Planning Commission (November 7, 2000) and the worksession with the Architectural Review Board (February 5, 2001). STAFF COMMENT: The insufficiencies in the current Zoning Ordinance which are resolved with the Draft Ordinance, include the following: · Wall sign height in commercial districts - T° address recurring'variances, the height for wall signs will be restored to the 30 feet permitted under the prior ordinance. · Housekeeping amendments include clarifying language, including definitions. The draft'creates more of a consistency and clarity of terms, instead of using multiple words for the same purpose (i.e. street, road, r/w, etc.). Political signs - In accordance with case law, political expression signage is given the same rights and restrictions as other noncommercial expression. No permit is required and it can be the same size as commercial expression in the district (24 or 32 square feet for freestanding signs). {Sect. 4.15.6(8)} Signs in the Entrance Corridor may be administratively approved if the sign: a) is either not internally illuminated or is and has an opaque background; b) replaces a similar sign; or c) is in a multi-business complex with a master sign plan approved. {Sect. 4.15.15(B)} Nonconforming signs - Changes to lawful nonconforming signs are allowed if the resulting sign is more conforming in height and size, instead of height or size, as it is now. In addition, the draft clarifies that a nonconforming sign must be removed if the use it identifies has been discontinued or the sign face is removed. {Sect. 4.15.24} Efforts to further protect the character of the rural areas and residential districts include: a) moving electric message signs are restricted to only nonresidential areas; and b) temporary signs, including political signs, are limited to 24 square feet to be consistent with the size of permanent freestanding signs. {Sects. 4.15.5(A).and 4.15.8} Revisions which provide a more practical application include: a) Freestanding signs at an entrance - the draft allows sign area to be split between the two signs allowed at an entrance to a development, with no increase in total sign size; b) Wall signage location is not limited but may be used on any wall, with no increase in sign size {Sect. 4.15.20}. ZTA-2001-001 To Amend Sign Regulations In Zoning Ordinance Page 3 There are a few issues from the last planning Commission worksession which warrant further discussion. These have been discussed in worksession with the ARB and include the following: · Temporary Signs - the draft ordinance standardizes the provisions for temporary signs. The Architectural Review Board concurred with staff's position. Frequency/Duration - Staff had recommended a standard 30 day time period for a total of 4 times per year. The Commission was of the opinion that this would result in too much time available for temporary signage. Staff now recommends the solution of decreasing the amount of time available for an individual temporary sign from 30 to 15 days, while maintaining the four temporary sign "events" in a calendar year. This is preferred over reducing the number of temporary sign "events" to less than one per season. Architectural Review Board Desiqn Guidelines for Temporary Signs - The Architectural Review Board, Zoning staff and the Design Planner do not support this recommendation mentioned at the Commission worksession. It is relevant to note that the draft ordinance would effectively cut the amount of time for temporary signage use in half, from 30 to 15 days at a time and from a total of 120 days to 60 days in a year. Banners and other Iow-cost or donated signs are often used for temporary signs. Temporary signs by their nature, are short-term and are made of a less-permanent quality material. Imposing design standards for temporary signs was determined to be problematic for staff, applicants and the ARB, with limited beneficial results. Requiring design criteria for temporary signage will lengthen the review time, would be likely to cause additional requests for ARB review and would result in increased enforcement burdens. · Neon Signs - a member of the Commission asked if we should continue to prohibit exposed neon lighting. The Architectural Review Board concurred with Zoning staff and the Design Planner in recommending that the prohibition remain as written. It is important to note that neon which is in a channel letter or otherwise covered, is permitted. An exposed neon sign is so bright that it can be read from 10 times the distance you can read a standard sign. (A neon sign with 5 inch tall letters can be read about 200 feet away or across a 4-lane highway.) The draft ordinance is the culmination of several years of work. Staff and members of the public who work with signage, are looking forward to the remedies and. clarity provided by the draft ordinance. Purpose and Intent of the Sign Regulations (as taken from the Draft Ordinance): 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 ZTA-2001-001 To Amend Sign Regulations In Zoning Ordinance Page 4 streets, sidewalks and other areas open to the public; 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 is to establish reasonable.regulations pertaining to the time, place and manner in which outdoor signs and window signs may be erected and maintained. Administration I Review Process: The proposed amendment will decrease the time necessary to obtain ARB sign approval in certain cases by providing for administrative sign review. It will also decrease some applicants' time spent pursuing wall sign variances. Reducing areas of problematic interpretation and application should save applicant and staff time and result in a more reasonable process. Housing Affordability: The proposed amendment would not affect housing affordability. Implications to Staffing / Staffing Costs: Establishing more enforceable and practical regulations, such as for political signs, will save staff time. Decreasing the time for the use of temporary signs (from 30 to 15 days, 4 times a year) may result in the need for increased zoning enforcement. The amount of increased staff time is difficult to anticipate or quantify. STAFF RECOMMENDATION: Staff recommends adopting the Sign Regulations as shown in Attachment A. Attachment A: Draft Sign Ordinance Attachment B:. Existing Sign Ordinance Attachment C: Guide to Sign Ordinance Revisions Attachment A: Draft Sign Ordinance Draft: 03/05/01 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 Adding: Sec. 4.15.1 Sec. 4.15.2 Sec. 4. t5.3 - Sec. 4.15.4 Sec. 4.15.5 Sec. 4.15.6 Sec. 4.15.7 Sec. 4.15.8 Sec. 4.15.9 Sec. 4.15.10 Sec. 4.15.11 Sec. 4.15.12 Sec. 4.15.13 Sec. 4.15.14 Sec. 4.15.15 Sec. 4.15.16 Sec. 4.15.17 Sec. 4.15.18 Sec. 4.15.19 Sec. 4.15.20 Sec. 4.15.21 Sec. 4.15.22 Sec. 4.15.23 Sec. 4.15.24 Purpose and intent. Definitions. Sign content. Signs authorized by sign permit. Signs authorized by special use permit. Signs exempt fi.om the sign permit requirement. Prohibited signs and sign characteristics. Regulations applicable in the RA, VR, R-1 and R-2 zomng districts. Regulations applicable in the R-4 and R-6 zoning districts. Regulations applicable in the R-10, R-15 and PRD zoning districts. Regulations applicable in the PUD zoning district. Regulations applicable in the C-1 and CO zoning districts. Regulations applicable in the HC, PD-SC and PD-MC zoning districts. Regulations applicable in the HI, LI and PD-IP-zoning districts. Regulations applicable in the entrance comdor overlay district. Regulations applicable to certain sign types. Determining sign area. Determining sign height. Determining sight distance triangle. Determining structure frontage. Determining sign setback. Sign maintenance. Sign alteration, repair or removal; when required. Nonconforming signs. By Amending: Sec. 5.2.2 Sec. 21.7.1 Sec. 30.6.2 Sec. 30.6.3.2 Sec. 30.6.5 Regulations governing home occupations. Adjacent to public streets. Application. By special use permit. Sign regulations. Draft: 03/05/01 By Repealing: Sec. 4.15.01 Sec. 4.15.02 Sec. 4.15.03 Sec. 4.15.04 Sec. 4.15.05 Sec. 4.15.06 Sec. 4.15.07 Sec. 4.15.08 Sec. 4.15.09 Sec. 4.15.10 Sec. 4.15.11 Sec. 4.15.12 Sec. 4.15.13 Sec. 4.15.14 Purpose and intent. Scope. Definitions. Signs exempted fitom permit requirement. By special use permit. Prohibited signs. Calculations. Content and advertising message. Administration. Nonconforming signs. Temporary signs. Signs permitted by zoning district, generally. Violation and penalty. Severability and conflict. Chapter 18. Zoning Article II. Basic Regulations Sec. 4.15 Signs. 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 si.gus are a separate and distinct use of the property upon which they are located and affect the uses and users of adiacent streets, sidewalks and other areas open to the public; 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, safe .ty and welfare, 'including the creation of an attractive and harmonious environment; 2.' Protect the public investment in the creation, maintenance, safe .ty and appearance of its streets; highways and other areas open to the public; 3. Improve pedestrian and vehicular safety by avoiding saturation and confusion in the field of vision that could otherwise result if such si.g-ns were not regulated as provided herein; and 4. Protect and enhance the county's attractiveness to tourists and other visitor~ as sources of economic development. Draft: 03/05/01 B. The board of supervisors finds that the regulations in this section 4.15 advance th~, significant governmental interests identified herein and are the minimum amount of regulation necessary, to achieve them. C. The regulations in this section 4.15 shall apply to all outdoor signs D. Signs are classified and regulated in this section 4.15 by their purpose (e.g.. anchor sign), physical type (e.g., fi'eestanding sign), location (e.g., off-site sign) and characteristics' (e.g., illuminated sign). 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( )) 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: (1) Advertising vehicle. The term "advertising vehicle" means a type of portable sign that is either: (i) a motor vehicle, trailer or semi-trailer that is inoperative within the meaning of Virginia Code § 46.2-100; or (ii) a motor vehicle; trailer or semi,trailer that is not used for transportation in the daily non-advertising activities of the business at which it is parked, and is parked in the public view for the purpose of attracting attention. Advertising vehicles include any temporal, or permanent si~.~ resting on or attached to vehicles. (2) Anchor sign. The term "anchor sign" means a sign that identifies any specific business within a shopping center. (3) Animated sign. The term "a/fimated sign" means a sign that moves or a sign that changes lighting by any mechanical, electrical or other device, (4) Auction sign. The term "auction sign" means a sign that advertises an auction to be conducted. (5) Awning. The term "awning" means a covering attached to a structure, erected on or over a window or door, and .typically supported by a metal frame. (6) Awning stgn. The term "awning sign" means a .type of projecting sign that is painted or printed on, or attached to, the surface of an awning (7) Banner. The term "banner" means a sign that is made of a nonrigid surface such as fabric or paper, with no enclosing framework. (8) Billboard. The term "billboard" means a fi'eestanding off-site sign that exceeds 3 Draft: 03/05/01 thirty-two (32) square feet in sign area (9) Bulletin boardsign. The term "bulletin board sign" means a .type ofdirecto~ sign that has changeable copy enclosed in a casement covered by glass, plexiglass or other transparent material. (1 O) Canopy. The term "canopy" means a permanent structure, or part thereof, that ban a roof with support but no walls, and is intended as shelter. (11) Canopy sign. The term "canopy sign" means a .type of wall sign that is attached to the fascia of a.canopy. (12). Commercial speech. The term "commercial speech" means speech that is an expression related solely to the economic interests of the speaker and its audience, concerns lawful activity, and is not misleading. (13) Const~ction sign. The term "construction sign" means a sign that identifies a construction project and/or an architect, contractor, subcontractor, material supplier or lending. institution participating in the construction project. (14) Cop. v. The term "co'p?' means the letters, figures, desi~.ens, devices, pictures, projected images, symbols, fixtures, colors, logos, emblems, or insi~ias displayed on a sign face. (15) Director. sign. The term "directo .ry sign" means a .type of freestanding or wall sign, other than a development's primary, freestanding sign, that displays the names and/or the addresses of the establishments or uses of a building or ~roup of buildings located within the development for the sole purpose of providing direction, that is not erected at the road entrance to the development, and includes, but is not limited to, a bulletin board sign. (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. (17) Erect. The term "erect" means, in the appropriate context, to affix, construct, hang, install, locate, paint, place or print. (18) Establishment. The term "establishment" means a public or private institution or a place of business; for purposes of this definition, the number of franchises held by an automobile dealership shall not be relevant to the determination as to what is an establishment. (19) Estate sign. The term "estate sign" means a sign that identifies the name of a private residence. (20) Farm sign. The term "farm sign" means a sima that identifies the name of a property, and/or its products, for property in agricultural or forestal use. 4 Draft: 03/05/01 (21) Fascia. The term "fascia,' means one or more of the vertical faces of the roof of, canopy or structure. (22) Flag. The term "flag" means a piece of fabric, banner or bunting that contains a distinctive color, design, size, pattern or symbol. (23) Flashing sign. The term "flashing si~n" means an illuminated sign of which all or part of the illumination is fl ashin g.or intermittent, or changing in de.m'ees of intensi .ty, brightness or color. (24) Freestanding sign. The term "freestanding sign" mean.q a sign that is supported from the .ground and not attached to a structure. (25) Home occupation Class B sign. The term "home occupation Class B sign" means a sign on the premises of a dwelling unit that ha~q an authorized Class B home occupation that only states the name of the person occupying the dwelling and identifies the product or service offered by the home occupation. (26) Illuminated sign. The term "illuminated sign" means a sign, or any part ora si~n. that is illuminated by an external or internal light source. (27) Incidental sign. The term "incidental sign" means a sign that has a purpose secondary, to the use of the lot on which it is located, such as "handicap parking," "no parking," "entrance," "loading only," "telephone," and other similar directives. (28) Maintain. The term "maintain" means the cleaning, painting, repair or re- placement of defective parts of a sign in a manner that does not alter in any way, however slight, the copy, design, or the structure of the sign (29) Marquee. The term "marquee" means a fixed covering that projects over an entrance to a theater or other buildinv. (30) Marquee sign. 'The term "marquee sign" means a .type of wall sign incorporated in or attached to a marquee, and that may have changeable copy. (31) Menu sign. The term "menu sign" means a si'gn designed and located to be read from a drive-thru lane. (32) Moving sign. The term "moving sign" means a si.cm~ any part'of which moves by means of an electrical, mechanical or other device, or that is set in motion by wind. (33) Noncommercial speech. The term "noncommercial speech" means speech that is not commercial speech, but does not include expressions related solely to the economic interests of the speaker and its audience that do not concern lawful activity or ~e misleading. (34) Nonconforming sign. The term "nonconforming sign" means a lawful sic.tm Draft: 03/05/01 existing on the effective date of this section 4.15 that does not comply with the requirement..; contained herein. (35) O.ff-sitesign. The term "off-site sign" means a sign that is not located on the same lot with the use to which it pertains, but does not include a si.gn located in a public right-of-way. (36) On-site sign. The term "on-site sign" means a sign located on.the same lot with the principal use to which it pertains, and includes eve .ry sign whose copy is exclusively noncommercial speech. (37) Pennant. The term "pennant" mean.q a series of two (2) or more sections of fabric, plastic or other material, whether or not containing a mes.qage of any kind, suspended fi.om a fixed structure, rope, wire, string or cable, and designed to move in the wind and including, but not limited to, streamers and tinsel (38) Political sign. The term "political sign" means a sign that pertains to the candidacy of one or more persons for an elective office, or pertains to one or more issues to be. voted upon, in an upcoming election. (39) Portable sign. The term "portable sign" means a temporary, sign that is not permanently affixed to the ground or to a permanent structure, or a sign that can be moved to another location including, but not limited to, a sign erected on a trailer, a sign with attached wheels, a sign consisting orA-shaped or T-shaped fi.ames, or an advertising vehicle. (40) Private drivesign. The term "private drive sign" means an On-site sign that contains only the words "private drive." (41) Projecting sign. The term "projecting sign" means a sign, other than a wall si~, that is attached to a structure butwhich is not mounted parallel to the structure's wall surface, and includes, but is not limited to, an awning sign. (42) Public sign. The term "public sign" means a sign that is erected and maintained by a town, ci .ty, court .ty, state or federal government or an authority thereof, and any lawful road name and number sign regardless of whether it was publicly or privately erected or maintained (43) Real estate sign. The term "real estate sign" mean~q a sign that is used to advertise, the sale, lease, rental, development or other use of the property, on which the sign is located. (44) Residence sign. The term "residence sign" means a sign erected on a lot containing a private dwelling that identifies the name of the occupant and/or the street address of the residence. t~45) Residential sign. The term "residential sign" means a sign erected on a lot containing a private dwelling whose copy is exclusively noncommercial speech. (46) Roof sign. The term "roof sign" means a sign erected on a structure tha% extends.. Draft: 03/05/01 in whole or in part, above the top of the wall of the structure; except that a sign located on a fakc mansard is not a roofsi~, but is a wall sign. (47) Sign. The term "sign" mean.~ any obiect, device or structure, or any part thereof including the sign face and the sign structure, visible fi.om beyond the boundaries of the lot on which it is located, which exists primarily to advertise, identi .fy, display, or direct or attract attention to a structure, obiect, person, institution, organization, business, product, service. event, issue or location by any mean.q, including letters, figUres, desi~s, devices, pictures, proiected images, s?nbols, fixtUres, colors, logos, emblems, or insi~ias or any part or combination thereof. An object such as a banner, balloon, three-dimensional ~gUre, pennant. ..streamer or flag is a sign for purposes of this section 4.15 if it exists for'one or more of the purposes identified in this definition. A flag whose design denotes the official symbol of a national, state or local government is not a (48) Sign.face. The term "sign face" means the area or display surface used to advertise, identi .fy, display, or direct or attract attention. (49) Sign structure. The term "sign structUre" means the supports, uprights, bracings and framework of any structure, be it single-faced, double-faced, V-.type or otherwise, used to exhibit a sign. (50) Subdivision sign. The term "subdivision sign" means a .type of freestanding sir erected at the entrance of a residential' development that identifies the d~velopment. (51) Temporal. sign. The term "temporary. sign" means a siR-n that is displayed for only a limited period of time authorized in section 4.15.4(D), that describes or identifies partici par~ts in a seasonal, brief or particular event or aetivi .ty to be or being conducted upon a lot. (52) Visible. The term "visible" means'that which is capable of being seen, whether or not legible, by a person of normal visual acui .ty. (53) Wall sign. The term "wall sign" means a si~, other than a projecting si~, that is painted on, priuted on, or attached to, a wall of a building and parallel to the wall, is located on ,~ fake mansard, or is a canopy si_gn or a marquee sign~ (54) Warning sign. The term "warning sign" means a sign that provides a warning or a notice to persons on, or entering upon, the premises on which the sign i§ located including, but not limited to, signs stating that solicitations, hunting, fishing or trespassing is prohibited, that a dog is present on the property., and that the property, is protected by a securi .ty or alarm system (55) Window sign. The term ''window sign" means a si~n affixed to, or visible from the outdoors through, a Window in a structure within the entrance corridor overlay district, or visible from an entrance corridor street, but does not include goods which are sold or are. available for purchase on the premises. (12-1-0-80; 7-8-92, § 4.15.03; Ord. 01-18( )) Draft: 03/05/01 State law reference- Va. Code § 15.2-2280. Sec. 4.15.3 Sign content. Each sign authorized in this section 4.15 may contain any noncommercial copy in lieu of, . or in addition to, any commercial copy (Ord. 0 I- 1S ()) State law reference - Va. Code § 15.2-2280. Sec. 4.15.4 Signs authorized by sign permit. Except as provided in sections 4.15.6 (exempt si~s) and 4.15.24 (nonconforming signs). a sign permit shall be required for each sign erected on the same lot with the principal use to which it pertains, 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 building code and zoning services, together with payrnent of the fee required for the application pursuant to section 35.0 of this chapter. A complete application shall consist of the following: 1. A fully completed application form, provided to the applicant by the zonin.~ administrator; 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 admini.qtrator 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. Within thirty. (30) days of the receipt of a complete sign permit application, or within seven (7) days of the receipt of a complete sign application for a temporary sign, the zoning administrator' 'shall review the application and either: (i) approve the application'' (ii) deny the application; (iii) refer the application to the applicant for more information as may be required by subsection (A)(3); (iv) refer the application to the board of zoning appeals because the applicant must obtain a special use permit pursuant to section 4.15.5; and/or (v) refer the application to the architectural review board because the proposed sign will be located within the entrance corridor overlay district and a certificate of appropriateness is required. An application shall be denied only if the proposed 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. Draft: 03/05/01 2. 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, or within seven (7) day.,', of the receipt of a complete sign application for a temporary, si .eh, the permit shall be deemed approved as received. C. Administration, generally. Except for permits issued for temporary, si~s, which are subject to the regulations in subsection (D), the following regulations shall apply to the admini~tration of sign permits: ' 1. 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 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 zonin~ administrator may grant an extension of the six (6)-month period. 2. The zoning administrator shall revoke a sign permit if the sign does not comply with any applicable regulation of this section 4.15 D. Administration, permits for temporary signs. The following regulations shall apply to the administration of sign permits issued for temporary, sigmas:- 1. 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. 2. No more than four (4) permits .for tempora .~'si~.ens shall be issued by the zoning administrator to the same establishment in any calendar year. 3. Each permit for a temporary, sign shall be valid for a period not to exceed fifteen (15) consecutive days after the erection of the sign. (12-10-80; 7-8-92, §§ 4.15.09, 4.15.09.1, 4.15.09.2, 4.15.09.3; Ord. 01-18( )) State law reference- Va. Code §§ 15.2-22801 15.2-2286. Sec. 4.15.5 Signs authorized by special use permiL Except as provided in subsection (D), electric message signs, off-site si~s, and sips in public rights-of-way may be authorized only by special use permit, as provided herein: A. Circumstances under which signs may be authorized. The si~.ens may be authorized only under the following circumstances- 1. Off-site signs. Off-site sips may be authorized by special use permit Draft: 03/05/01 within any zoning district. 2. Electric message signs. Electric message sign.q may be authorized by special use permit within any commercial or industrial zoning district, or any commercially desi.~nated areas of a planned unit development. 3. Signs in public rights-of-way. Si .t,n.q in public rights-of-way; provided: (1) the subdivision or planned development to which the sign pertains abuts the public right-of-way; (2) the sign is either a subdivision sign or a sign identifying a planned development authorized by sections 19.0, 20.0, 25~0, 25A, and 29.0; (3) the freestanding sign regulations, other than setback regulations, applicable to the lot with the use to which the sign pertains shall apply; and (4) if the sign is located within an entrance corridor overlay district, a certificate of appropriateness is issued by the architectural review board. B. Authority. The authori .ty to issue a special use permit for off-site si, .tm.q and electric message signs ~s hereby granted to the board ofzon!ng appeals C. Procedure and administration. The application procedure, the findings and conditions to be applied by the board of zoning appeals when considering an application for special use permit, and the authori .ty to revoke such a permit, shall be as provided in section 31.2.4 of this chapter. In addition to the foregoing: 1. For an off-site sign, the board of zoning appeals shall also find that the issuance of a special use permit is necessary, because an on-site sign would be ineffective to communicate its message off-site because of topography or vegetation. 2. For an electric message si~.m~, the board of zoning appeals shall also find that the sign complies with all applicable state laws.for such si~.q 3. A permit number for each special use permit issued for an off-site si~ shall be affixed to the sign in a conspicuous place. D. Exception; certain off-site signs. A special use permit shall not be required for off-site directional, political, subdivision or temporary, signs. (12-10-80; 7-8-92, § 4.15.05; Ord. 0!-18( )) State law reference - Va. Code §§ 15.2-2280, 15.2-2286. Sec. 4.15.6 Signs exempt from the sign permit requirement. The following signs are exempt from the sign permit requirement set forth in section 4.15.4 provided that they comply with the regulations set forth below and all other applicable regulations of this section 4.15: l'l) Auction sign. An auction sign that does not exceed four (4) square feet in si~ area, and which is posted for a total of thirty (30) days or less in a calendar year. Such an auction 10 Draft: 03/05/01 sign shall be removed within seven (7) days after date of the auction. (2) Commemorative plaques. A ~:ommemorative plaque that does not to exceed fora' (4) sauare feet in sign area_ (3) Construction sign. A construction sign that does not exceed thirty-two (32) square feet in sign area. Such a construction sign shall be removed within seven (7) days after issuance of a certificate of occupancy. (4) Estate sign. An estate sign that does not exceed four (4) square feet in sign area. (5) Farm sign. A farm sign that does not include commercial identification and does not exceed four (4) square feet in sima area. (6) Home occupation class B sign. A home occupation class B sign that does not exceed four (4) square feet in sign area (7) Incidental sign. An incidental sign that does not exceed four (4) square feet in sign area. (8) Political sign. One or more political sign.q that do not exceed the maximum sign area allowed for the physical .type of the sign (e.g., freestanding, wall) within the applicable zoning district. (9) Private drive sign. A private drive sign that does not exceed four (4) square feet in sign area, limited to one such sign per entrance. (1 O) . Public sign. A public sign (11) Residence sign. A residence sign that does not exceed four (4) square feet in sign ·area. (12) Residential sign. One or more residential si~s that are not illuminated signs and do not exceed thirty-two (32) square feet in cumulative si.gn area (13) Special decorative displays. Special decorative displays used for holidays or public events, and which are displayed for a total of sixty (60) days ~r less in a calends- year. Such a display shall be removed within seven (7) days of said event. (14) Temporary directional sign. A temporary, directional sign that is erected no closer than five (5) feet from a front lot line and does not exceed four (4) square feet in sign area' (15) Real estate sign. A real estate sign that does not exceed thirty-two (32) square feet in si~n area. Such a real estate sign shall be removed from the site within seven (7) ~lays of sale, lease or rental. (16) Warning sign. A warning sign that is erected by a private landowner and does not 11 Draft: 03/05/01 exceed four (4) square feet in sign area (17) Window sign. A window sign. (12-10-80; 7-8-92, § 4.15.04; Ord. 01-18()) 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 followin~ si..en.q and si..en characteristics are prohibited in all zoning districts: A. Signs that violate state or federal law. Si..~n.q that violate state or federal law. includin~ but not limited to: 1. A sign that violates any law of the Commonwealth of Virginia related to outdoor advertising, including but not limited to Virginia Code §§ 33.1-351 to 3~. 1-381 inclusive, and 46.1-174. 2. A sign that violates any law of the United States related to the control of outdoor advertisine, including but not limitedl to .23 U.S.C. § 131. scenic highways. 4. A sign that violates any state or federal law related to Vire. inia byways or A sign that violates the building code or the fire code B. Signs with characteristics that create a safe~, hazard or are contras, to the general welfare. Sign~ whose construction, design; location or other physical characteristic, create a safe .ty hazard or are contrarg to the general welfare, as follows: 1. Sign that is attached to another thing,. A si~.t:m, other than a public sign or a warning sien, that is nailed, tacked, painted or in any other manner attached to any tree, cliff_ fence, utility pole or support, utility tower, rack, cuibstone, sidewalk, lamp post, hydrant, bri~lgc, or public property, of any description. 2. Sign that casts illumination off-site. A sima that casts illumination, directly or indirectly, on any street, or on any adjacent property, within a residential district floating sign. Floating sign. A siren that is a moored balloon or other .type of tethered 4. Lighting that illuminates outline. Lighting that outlines any structure~ sign structure, sign or part thereof with neon or other light 5. Sign that imitates a tra..ffic sign or signal or a road name sign. "A sign that imitates an official traffic sign or signal or a road name si~ or conflicts with traffic safety ncc, ds 12 Draft: 03/05/01 due to its location, color, movement, shape or illumination. ..6.. Sign with neon illumination. A sign that uses exposed, bare, or uncovered neon illumination, or uses neon illumination covered b~ a transparent material, includim, Such signs installed within a building or structure within the entrance corridor overlay districl and visible from an entrance corridor. ' _7.. Sign that obstructs vision. A sign that obstructs free or clear vision, or otherwise causes a safe .ty hazard for vehicular, bicycle, or pedestrian traffic due to its location,- shape, illumination or color. 8. Pennants, ribbons, spinners streamers. Pennants, ribbons, spinners streamers or similar moving devices, whether or not they are part of a sign. 9. Si~n erected in public right-qf-wa¥. A sign, other than a public sign, erected on or over a public right-of-way unless the sign is authorized under section 4.15.5' 10. Sign that contains or consists o£searchlight, beacon or strobe light. A .sign, other than a public sign, that contain~q or consist~ of a searchlight, beae. on, strobe'light, ot similar form of illumination. ---- ' 11. Sign that produces sound. A sign that produces sound for the purpose of attracting attention regardless of whether the sign has a written message content. 12. Sign that contains or consists of strings of light bulbs. A sign that contains or consists of one (1) or more strings of light bulbs that is not part of a decorative display. 13. Sign with unsafe illumination. A sign that is illuminated so as to be unsafe, to vehicular or pedestrian traffic. 14. Sign erected in unsafe location. A sign that is erected in a location so as to be unsafe to vehicular or pedestrian traffic 15. Sign determined b.v q.fficial to create safe.tv hazard. A sign whoso characteristics, including but not limited to its constructiom design or location, are detemfined by a fire' official, the building official, or a law enforcement officer to create a safeW hazard. C. Certain sign ~. pes. Signs that are: 1. Animated signs. 2. Advertising vehicles. 3. Banners, except as an authorized temporary si..~n 13 (12-10-80; ?-8-92, § 4.15.06; Ord. 01-18( 4. Billboards. 5. Flashing si~, 6. Moving sip,q, 7. Roof signs. )) State law reference - Va. Code § 15.2-2280. Draft: 03/05/01 14 Draft: 03/05/01 Sec. 4.15.8 Regulations applicable in the RA, VR, R-1 and R-2 zoning districts The following regulations pertaining to the number of si_mas permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign fo, which a sign permit is required within the Rural Areas (RA), Village Residential (VR) and Residential (R-1 and R-2) zoning districts: Sign Type Number of Signs . Sien Area Sign Height Sien Setback Allowed (Maximum) (Maximum) ~Minimum'---'--"---~ Directory 1 or more per establishment, 24 sauare feet, aggregated 6 feet 10 feet · as authorized by zoning administrator - 1 per street frontage, or 2 per entrance, per lot 24 square feet, aggregated; Freestanding with 100 or more feet of continuous street if more than 1 sign, no 10 feet 10 feet .frontage, plus 1 per lot if the lot is greater single sign shall exceed 1 ~ than 4 acres and has more than 1 approved ~ entrance on its frontage Subdivision 2 per entrance per subdivision 24 square feet, aggregated, 6 feet 5 fee~ per entrance 10 feet, if freestanding Temporary ~ ~ sign; 20 feet, if wall 10 feet ' frontage per estab hment -- sign, but not to exceed the top of the fascia or mansard 40 square feet, aggregated Wall As'calculated pursuant to section 4.15.20 in the RA zoning district; 20 feet Same as that 20 square feet, aggregated, applicable to in other zoning districts I structure (12-10-80; 7-8-92, § 4.15.12.1; Ord. 01-18( )) State law reference- Va. Code § 15.2-2280. 15 Draft: 03/05/01 Sec. 4.15.9 Regulations applicable in the R-4 and R-6 zonin.~ districts. The following regulations pertaining to the number of si..en.q permitted per lot o, establishment, the sign area, sign height, and setback requirements shall apply to.each sign fo~ .which a si.~n pemdt is required within the Residential (R4 and R-6) zoning districts. 'Si~n Tyne ~ S--en Ar.a ~ ~tback..' Allowed ~ (Maximum) ~ Director~ 1 or more per establishment, 24 square feet, aggregated 6 feet 10 foet · as authorized by zoning administrator , 1 per street fi'untage, or 2 per entrance, per lot 24 square feet, aggregated; with 100 or more feet of continuous street if more than I sign, no 10 feet 10 feet frontage plus 1 per lot if the lot is creater than single sign shall exceed 12 ~ ~ 4 acres and.has more than 1 approved entrance ~ on its frontage ~ 1 per street frontage 24 square feet 20 feet, but not'to . ~ exceed the top of the fascia or mansard Subdivision 2 per entrance per subdivision 24 square feet, aggregated 6 feet 5 feet !0 feet, if freestanding ~ ~ ~ . sign; 20 feet, if wall 10 feet frontage per establ"~ishment sign, but not to exceed ' - the top of the fascia or mansard Wall As calculated pursuant to section 4.15.20 20 square feet, aggregated 20 feet Same as that (12-10-80; 7-8-92, § 4.15.12.2; Ord. 01-18( )) State law reference - Va. Code § 15.2-2280. 16 Draft: 03/05/01 Sec. 4.15.10 Regulations apnlicable in the R-10, R-15 and PRD zonin.e districts. The following regulations pertaining in the number ofsi~s permitted per lot or establishment, the sign area, si~n height, and setback requirements shall apply to each sima fo, which a si.ga pemdt is reqUired within the Residential (R-10 and R-15) and P~anned Residential Development (PRD) zoning districts: Si~n Tyne ~ Si~n Area ~ .Sign Setback Allowed (Maximum) (Maximum) (Minimum) Director~ 1 or more per establishment~ 24 square feet, aggregated 6 feet 5 feet · as authorized by Zoning administrator -- 1 per street fi uniage, or 2 per entrance, per lot 24 square feet, aggregated; with 100 or more feet of continuous street if more than 1 sign, no 12 feet 5 feet frontage plus 1 per lot if the lot is greater than single sign shall exceed 12 Freestanding 4 acres and has more than I approved entrance 's. quare feet on its frontage Pro]ecting 1 per street frontage 24 square feet 20 feet, but not to Not applicable exceed the top of the fascia or mansard Subdivision 2 per entrance per subdivision 24 square feet, a~m'e~ated. 6 feet 5 feet per entrance 12 feet, if freestanding Temporar~ 1 per street ~ sign; 20 feet, if wall 5 feet · frontage per establishment sign, but not to exceed the to of the fascia or mansard }Fall' As calculated pursuant to section 4 15 20 I square foot per 1 linear 20 feet Same as that foot of establishment applicable tm structure frontage, not to structure exceed 32 square feet (12-10-80; 7-8-92, § 4.15.12.3; Ord. 01-18( )) State law reference - Va. Code § t 5.2-2280. 17 Draft: 03/05/01 .Sec. 4.15.11 Regulations applicable in the PUD zonine district_: The following regulations pertaining to the number of sigus permitted per lot o, establishment, the si~n area, si~n height, and setback requirements shall apply to each sigu fo~ Which a si~n pcn~fit is required within the Planned Unit Development (p[~) zonin ~ district: Allowed ~ ~ DirectorF 1 or more per establishment, 24 square feet, aggregated ~ 6 feet 5 feet · .a.s authorized by zoning administrator 1 ver street frontage, or 2 per ~nh mice, per lot 24 square feet, aggregated; .with 100 or more feet of continuous street if more than 1 sign, no 12 feet 5 feet frontage plus 1 per lot if the lot is ~reater than single sign shall exceed 12 ~ 4 acres and has more than 1 approved entrance ' on its frontage Projecting 1 per street fri)ntage 24 square feet 30 feet. but not to ~licable exceed the top of the ,fascia or mansard Subdivision 2 per entrance per subdivision 24 square feet, aggregated, ..6 feet 12 feet, if freestanding TemporarF 1 per street ~ ~ 5 feet . frontage per establishment residenfial'--'---~vall sign or 30 feet if nonresidential wall si~d the top of the fascia or mansard 1 square foot per 1 linear [Fall As calculated pursuant to section 4.15.20 foot of establishment 20 feet, if residential Same as that structure frontage, not to wall sign or 30 feet if exceed 32 square feet if nonresidential wall structure residential wall sign, or 100 square feet if nonresidential wall si,tn (12-10-80; 7-8-92, § 4.15.12..4; Ord. 01-18( )) State law reference - Va. Code § 15.2-2280. 18 Draft: 03/05/01 Sec. 4.15.12 Regulations applicable in the C-1 and CO zonine districts The following regulations pertaining to the number of si..gn.q permitted per lot o, establishment, the sign area, sien heieht, and setback requirements shall apply to each~ign fo, which a sign permit is required within the Commercial (C-l) and Commemial Office (CO) zoning districts: Sien Tv-ne ~ ~ ~ht_ Sign Setback Allowed ~ ~ (Minimum) Directory 1 or more per establishment, 24 square feet, aggregated 6 feet 5 feet · as authorized bv zoning administrator .! per street frontage, or 2 per entrance, per lot 32 square feet, aggregated~ yvith 100 or more feet of continuous street i_fmore than 1 sign at an 12 feet 5 feet  frontage plus 1 per lot if the lot is greater than entrance, no single sign " 4 acres and has more than I approved entrance shall exceed 16 square feet on its frontage Proiectine* I per street frontage ~ 30 feet, but not to ~ exceed the top of the fascia or mansard 12 feet, if freestanding Temporary ~ 32 square feet sign; 30 feet if wall '5 feet frontage per~ishment sign, but not to exceed mansard r 1 square foot per I linear 14Zall, As calculated pursuant to section 4.15.20 foot of establishment . 30 feet Same as that structure frontage, not to ~ble to exceed l O0 square feet 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 ofth~, projecting sign (which may not exceed thirty-two (32) square feet). (12-10-80; 7-8-92, § 4.15.12.5; Ord. 99-18( )) State law reference - Va. Code § 15.2-2280. 19 Draft: 03/05/01 Sec. 4.15.13 Regulations applicable in the HC, 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 Highway Commercial (HC), Planned Development Shorming Center (PD~SC) and Planned Development-Mixed Commercial (PD-MC) zoning districts: Sien Twe Number of Sit, ns ' Sign Area Sien Heieht Sien Setback ..Allowed (Maximum) (Maximum}_' (Minimum} Directorg 1 or more per establishment, 24 square feet, aggregated 6 feet 5 feet Os authorized by zoning administrator I per street fi~on 'rage, or 2 per entrance, per lot 32 square feet, aggregated; with 100 or more feet of continuous street if more than 1si = at an 12 feet 5 feet Freestanding frontage plus 1 per lot if the lot is greater than entrance, no'single sign 4 acres and has more than 1 approved entrance shall exceed 16 square feet on its frontage Proieetine* 1 per street frontage 32 square feet 30 feet, but not to Not applicable e~p of the fascia or mansard 12 feet, if freestanding Temporar~ ~ 32 square feet signi 30 feet if wall 5 feet ' frontage per establishment sign, but not to exceed. the top of the fascia or mansard ! .5 square feet per 1 linear ii/all, As calculated pursuant to section 4.15.20 foot of establishment 30 feet Same as that Structure frontage, not to appl---'icable to exceed 200 ~quare feet structure *Each establishment may have.both a projecting sign and a wall sign. If the establishment haw both such signs, the allowed sign area of the wall sign shall be reduced by the sign area of the projectin~ sign (which may not exceed thirty-two (32) square feet). (12-10-80; 7-8-92, § 4.15.12.6; Ord. 01-18( )) State law reference - Va. Code § 15.2-2280. 20 Draft: 03/05/01 Sec. 4.15.14 Re2ulations aoolicable in the HI, LI and PD-IP zoning districts. The following regulations pertaining to the number of sic.tins permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign fo which a sign pemdt is required within the Heavy. Industry (HI), Light Industry (LI) and Planned Development-Industrial Park (PD-IP) zoning districts. Sign Type ~ Sign Area ~ Sign Setback Allowed ~ (Maximum) IMinimum) Directory I or more per establishment, .24 square feet, aggregated 6 feet 5 feet as authorized by zoning administrator I per street fi uniage, or 2 per entrance, per lot 32 square feet, aggregatert_; I with 100 or more feet of continuous street if more than I si~n at an 12 feet 5 feet frontage plus l per lot if the lot is greater than entrance, no single sign Freestanding 4 acres and has more than 1 approved entrance shall exceed 16 square feet on its frontage Proiectine* I per street frontage ~ feet 30 feet, but not to 5 feet exceed the top of the fascia or mansard 12 feet~ if freestanding Tempora~ 1 per street 32 square feet sign; 30 feet if wall 5 feet ' frontage per tot-establishment sign, but not to exceed the top of the fascia or mansard 1.5 square feet per 1 linear }Vall* As calculated pursuant to section 4.15.20 foot of establishment 30 feet Same as that slmcture frontage, not to 9pplicable to .exceed 200 square feet structure *Each establishment may have both a projecting sign and a wall si.tm. 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, § 4.15.12.7; Ord. 01-18()) State law reference - Va. Code § 15.2-2280. 21 Draft: 03/05/01 Sec. 4.15.15 Regulations applicable in the entrance corridor overlay district In addition to all other regulations set forth in thi.q section 4.15, the following regnlation~ .shall apply within the entrance corridor overlay zoning district: A. Certificate q£appropriateness required. Prior to the erection ora sim~ that wouhl be visible from an entrance corridor street, including a sign erected on or visible through a window on a structure, the owner or lessee of the lot on which the sign will be located shall .obtain a certificate of appropriateness for that sign. B. Authority and procedure.for acting upon application.for certificate of appropriateness. The authori .ty and procedure for acting upon an application for a certificate appropriateness for a sign shall be as set forth in sections 30.6.4, 30.6.7 and 30.6.8 of this chapter, and as follows: 1. The agent is authorized to revieTM and act upon an application for a .certificate of appropriateness for a sign if the sign will not require a variance and thb sign: (i) will either not be internally illuminated or will be internally illuminated with an opaque back~ound; (ii) will replace an existinff sign that will be substantially the same as the existing sign; or (iii) will be in a multi-business complex or shopping center,'the architectural review [oai'd ha~ completed its comprehensive sign review therefor, and the sign will meet all of the requirements established by the architectural review board during its review. The.agent may require that a sig,, otherwise eligible for review by the agent be reviewed by the architectural review board. 2. The architectural review board shall review and act upon an application for a certificate of appropriateness for each sign that is not eligible for review by the agent aK provided in subsection (B)(1), or that is referred to the architectural review board by the agem~ 3. Each application for a certificate of appropriateness shall be accompanied by a site plan that shows the location of all signs proposed to be erected on the lot or lots subjecl to the site plan. C. Scope of review and authori~, to impose conditions. Each application for a certificate of appropriateness for a sign shall be reviewed for consistency with the purposes and requirements of this section 4.15 and the architectural review board's d~sign guidelines, and conditions may be imposed upon thC certificate of appropriateness to assure such consistency including but not limited to conditions minimizing window signs. D. Comprehensive'sign review. For each proposed new multi-business complex or shopping center, the architectural review board shall conduct a comprehensive sign review prior' to issuing a certificate of appropriateness. The review shall include, but not be limited to, a review and determination of the appropriate s .tyle, size, colors, materials, illumination and location of all proposed signs, and any other provisions of the architectural review board's desi ~, guidelines. (12-10-80; 7-8-92, § 4.15.12.8; Ord. 01-18()) State law reference - Va..Code §§ 15.2-2280, 15.2-2286. 22 Draft: 03/05/0I 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: A. All sign types. The following regulations shall apply to all si~, including exempt signs: (i) no sign shall be-erected within the applicable minimum setback area or within the sight distance triangle; and (ii) the area of the sign face shall not exceed two hundred (200) percent of the sign area. B. Anchor signs. In each shopping center exceedin~ one hundred thousand (100,000) square feet in gross floor area: (i) one (1) freestanding anchor sign shall be permitted for each one hundred thousand (100,000) square feet in gross floor area, nr}t to exceed four (4) anchor signs at the shopping center; and (ii) each anchor sign shall not exceed six (6) square feet in si.9 area. C. Canopy signs. A canopy sign shall not extend above or below the edge of the canopy's fascia. D. Freestanding signs. The following regulations shall apply to freestanding si~s' (i) the maximum combined size of a freestanding si.~n and its support structure shall not exceed two and one-half (2.5) times the maximum allowable sign size; and (ii) a tot with less than one hundred (100) feet of fi'ontage, on which there is erected a freestanding sign on the date of the adoption of this regulation, shall be permitted one (1) freestanding sign. E. Gasoline service station.fuel price signs. Gasoline service stations shall be permitted additional sign area for the exclusive purpose of displaying fuel prices. This sign area shall be calculated at a maximum of fifty. (50) percent of the principal sign area to which it is attached or sixteen (16) square feet, whichever is less. F. Menu signs. An outdoor menu sign shall be permitted as a directory, sign only on a lot with a permitted drive-thrOugh use and shall not be visible from any street. G. Q.ff-site signs. An off-site sign shall count toward the signage allowed on the lot on which the sign is located. H. Prq/ecting signs. A projecting sign shall not be mounted on the fascia of a canopy and shall not be mounted such that the projecting sign extends, in whole or in part, above the top of the wall structure. I. Wall signs. In order to be eligible to have a wall sig:n~ the establishment shall have an exterior wall. (12-10-80; 7-8-92, § 4.15.12; Ord. 01-18( )) 23 Draft: 03/05/01 State law reference- Va. Code § 15.2-2280. Sec. 4.15.17 Determining sign area. The sign area shall be measured as provided herein: A. Measurement. The sign area shall be measured as the area of a sign face within the smallest square, circle, rectangle, triangle or combination thereof, that encompasses the extreme limits of the letters, figures, desi~.~ns, devices, pictures, projected images, symbols, fixtures, logos, emblems or insi~ias, or any part or combination thereof, together with any materials or colors forming an integral part of the background of the sign face or used to differentiate the sign from the backdrop or structure against which it is placed. Two-sided sign faces shall'be counted as single sign face provided the angle separating them does not exceed forty-five (45) degrees. See Figure I. B. Area not included. The sign area shall not include any supporting framework, bracing or decorative fence or wall when such feature otherwise complies with the regulations of this section 4.15 and is clearly incidental to the sign itself. (12-10-80; 7-8-92, § 4.15.07.1; Ord. 01-18( )) State law reference - Va. Code § 15.2-2280. Sec. 4.15.18 Determinine sien height. The sign height shall be measured as provided herein: A. Measurement. The sign height shall be measured as the vertical distance from the normal grade directly below the sign to the highest point of the sign or sign structure, whichever is higher, and shall include the sign base, regardless of material, including earth used primarily to elevate the sign. See Figure II. B. Determining the highest point. In determining the highest point of the sign or sign structure in subsection (A), the normal grade from which to measure the bottom of the sign height shall be that which is either existing prior to constmctiom or newly established after construction, depending on which grade is more consistent with the surrounding elevation of the lot on which the sign is located. Any fill or excavation that serves primarily to elevate the sign shall be included in the height of the sign. (12-10-80; 7-8-92, § 4.15.07.2; Ord. 01-18()) State law reference- Va. Code § 15.2-2280. Sec. 4.15.19 Determining sight distance triangle. The sight distance triangle shall be measured as provided herein: A. Measurement. The sight distance triangle is that triangnlar area'on a property 24 Draft: 03/05/01 between the two lines created by the existing or proposed right-of-way lines of intersecting exterior streets and/or street commercial entrances, and the straight line connecting them' at points ten (10) feet distant from where the right-of-way lines intersect. See Fi,mu-e III. B. Area not included. The driveway for a single-family or two-family residence shall not be included in this calculation. C. Extension qfsight distance triangle. The sight distance triangle may be extended to conform to minimum Virginia Department of Transportation sight distance standards. (15-10-80; 7-8-92, § 4.15.07.3; Ord. 01-18()) State law reference - Va. Code § 15.2-2280. Sec. 4.15.20 Determining structure frontage. The structure frontage shall be measured to calculat~ the permitted wall sig-naee as provided herein. A. Measurement. The structure frontage is the horizontal length of the outside structure wall of the establishment, in one Plane, adjacent to a street. B. Two or more walls adjacent to a street. If an establishment has two (2) or more walls adjacent to a street, at least one of which is an exterior wall, one (1) of these additional walls may be used to calculate additional wall signage at one-third (1/3) the rate as allowed on the structure frontage. The total permitted wall signage may then be divided to be used on any walls of the structure and/or canopy, provided that no one wall sign shall exceed the applicable maximum allowable sign area. (12-10-80; 7-8-92, § 4.15.07.5; Ord. 01-18( )) State law reference- Va. Code § 15,2-2280. Sec. 4.15.21 Determining sign setback. For all signs other than a sign within a public right-of-way, the ,sign setback shall be measured from the.property line or, in the case of an access easement, from the edge of the easement, to the closest point of the sign. The setback for a sign within a public right-of-way shall be measured from the edge of the travelway to the closest point of the sign. See Figure IV. (12-10-80; 7-8-92, § 4.15.07.4; Ord. 01-18( )) State law reference - Va. Code § 15.2-2280. Sec. 4.15.22 Sign maintenance. Each sign, including the sign structure, shall be maintained at all times in a safe structural 25 Draft: 03/05/01 condition, in a neat and clean condition, and shall be kept free from defective or missing parts. (12-10-80; 7-8-92, § 4.15.09.4 (part); Ord. 01-18()) State law reference - Va. Code § 15.2-2280. Sec. 4.15.23 Sign alteration, repair or removal~ when required. A sign shall be altered, repaired or removed in any of the following cases: A. Alteration, repair or removal; unsafe or endangering condition. If a sign becomes structurally unsafe, as determined by the building official, so as to become a danger to the public health or safety, the zoning administrator may order the owner or lessee of the property, on which the sign is located to alter, repair or remove the sign within a time period determined by the zoning administrator to be appropriate under the circumstances. If the owner or lessee fails to comply with the order, the zoning administrator may cause the sign to be removed or initiate such other action as may be necessary, to compel the alteration, repair or removal of the sign. B. Removal; unlawful erection of sign. Ifa sign is erected on private property, in violation of this section 4.15, the zoning administrator shall order the owner or lessee of the proper~' on which the sign is located to remove the sign within a time period determined by the zoning administrator to be appropriate under the circumstances. If the owner or lessee fails to comply with the order, the zoning administrator may cause the sign to be removed or initiate such other action as may be necessary, to compel compliance with the provisions of this section 4.15. If a sign is erected on public property., including a public right-of-way in violation of this section 4.15, any county employee may immediately remove the sign without prior notice to the owner of the sign. C. Removal of cop. v on sign.face; discontinuance qf pertinent use. If the use of a structure or property is discontinued, the copy on each sign face pertaining to that use shall be removed by the owner or lessee of the property, on which the sign is located within two (2) years from the date of the discontinuance of the use. If the owner or lessee fails to remove the copy, the zoning administrator may cause the copy to be removed or initiate such other action as may be necessary, to compel compliance with the provisions of this section 4.15. D. Liabili~. for cost of removal by count.. If the zoning administrator causes a sign or copy on a sign face to be removed under the provisions of this section, the cost of such removal shall be chargeable to the owner of the sign or the owner or lessee of the property, on which the sign is located. E. Custody and destruction qf removed signs. Cardboard and paper signs that have been removed by the county pursuant to this section shall be destroyed upon removal. All other signs which have been removed by the county shall be held for a period of thirty. (30) days and may be reclaimed by the sign owner within that time .by reimbursing the county for the costs of removal. If such a sign is not reclaimed within the thirty. (30)-day period, it shall be deemed to 26 Draft: 03/05/01 have been forfeited by the owner and shall be destroyed. (12-10-80; 7-8-92, § 4.15.09.4 (part); Ord. 01-18()) State law reference- Va. Code § 15.2-2280. Sec. 4.15.24 'Nonconformine siens. A nonconforming sign may continue, subject to the provisions, conditions and prohibitions set forth herein: A. Alteration qfcopy. The copy of a nonconforming sign mai be altered by refacir~g the sign by or for the current owner of the establishment to which the sign pertains. B. Alteration o. fsign structure. A nonconforming sign shall not be structurally altered; provided that the zoning administrator may authorize a nonconforming sign to be structurally altered so that it is less nonconforming and further provided that each time the nonconforming sign is structurally altered, the sign area and sign height shall be reduced by at least twenty-five (25) percent of its current area and height until the si.gn area and the sign height are conforming. C. Consolidation. Two or more nonconforming signs on a lot may be consolidated into a single sign; provided that the resulting sign area and sign height shall be reduced by at least twenty-five (25) percent of its current area and height until the sign area and the sign height are conforming, and further provided that each time the resulting nonconforming sign is thereafter consolidated with another nonconforming sign on the lot, the resulting sign area and sign height shall be redUCed by at least twenty-five (25)-percent of its current area and height, until the sign area and the sign height are conforming. A-sign resulting from the consolidation of nonconforming si~ens shall not have greater sign height than anY of the signs that were consolidated. D. Discontinuance ofcop, v on sign.face. A nonconforming sign without copy on its sign face for a continuous period of two (2) years shall lose its nonconforming status and be removed by the owner of the property, on which the sign is located. · E. Discontinuance of use or structure to which sign t~ertains. A nonconforming sign shall lose its nonconforming status and be removed by the owner of the property, on which the. sign is located if the use to which the sign pertains is discontinued for more than two (2) years. extended. Enlargement or extension. A nonconforming sign shall not be enlarged or condition. Maintenance. A nonconforming sign shall be maintained in ~ood repair and H. Relocation. A nonconforming sign shall not be moved to another location on the same lot or to any other lot~ provided that the zoning administrator may authorize a 27 Draft: 03/05/01 nonconforming sign to be moved to a location that is more in compliance with the purpose and intent of this section 4.15. I. Replacement or restoration. A nonconforming sign may be replaced or restored only as provided below: 1. A nonconforming sign that is destroyed or damaged by the owner of the sign or the owner of the lot on which the sign is located shall notbe replaced or restored unless it complies with this section 4.15. 2. A nonconforming sign that is destroyed or damaged as a result of factors beyond the control of the owner of the sign and the owner of the lot on which the sign is located, to an extent the destruction or damage exceeds fifty. (50) percent of its appraised value, shall not be replaced or restored unless it complies with this section 4.15. 3. A nonconforming sign that is destroyed or damaged as a result of factors beyond the control oft. he owner of the sign and the owner of the lot on which the sign is located, to an extent the destruction or damage is ilfty (50) percent or less of the appraised value, may be replaced or restored provided that the replacement or restoration is completed within two (2) years after the date of the destruction or damage, and the sign is not enlarged or extended. J. Removal (fin unsafe condition. A nonconformin~ sign declared to be unsafe by a public safe .ty official because of the physical condition of the si~, including an unsafe physical condition arising from the failure of the sign to be maintained, shall be removed. ~ K. Regist~. qfnoncon, forming signs. The owner of any property, on which there is erected a nonconforming sign shall, upon notice from the zoning administrator, submit verification within sixty. (60) days that the sign was. lawfully in existence at the time of adoption of these sign regulations. The zoning administrator shall maintain a registry, of such nonconforming signs. (12-10-80; 7-8-92, §§ 4.15.09.5, 4.15.10; Ord. 01-18( )) State law reference- Va. Code § 15.2-2280. Draft: 03/05/01 * h i LU 29 Draft: 03/05/01 3O Draft: 03/05/01 31 Draft: 03/05/01 32 Draft: 03/05/01 Co 33 Draft: 03/05/01 Virgirda. 34 Draft: 03/05/01 35 Draft: 03/05/01 36 Draft: 03/05/01 37 Draft: 03/05/01 38 Draft: 03/05/01 39 Draft: 03/05/01 ,1 1 ~: IIO 't A 1)1)T Tr~ A q"Tt"~l~T D'E~f'kTTTD'~T&/Ir13'~l~TTC~ 40 Draft: 03/05/01 n A 41 Draft: 03/05/01 A ,-1 42 Draft: 03/05/01 .4 I ~ I '1 ~T/'"~T~ I)E'II{}}~/I'T??E'II'~ I)'T/" ~'IKNI~TTI~TF~ 1L~IT(~TDT/'~rl'~ /'~'G'~'P~'TT~T) A ! T 43 Draft: 03/05/01 44 Draft: 03/05/01 45 Draft: 03/05/01 ./I I-~ I ~ ,,4 '~tT A 'W,J"I%.T~"~I'~ TT'{%.TI"T' I"~'E~TTE"~I ['l'l)]i,i"'CvW]'"T' [*1)iT1'%% Draft: 03/05/01 cr h: way frcn~ge. m~. ............ r ~- N/A :~aild~ng frcntagc ..... mmxfmum f~cia cr w ........ 22 :q ~ 10 ft ~ highway ~ght cf for 50 days c ....... ~:.- ~ ~- ~ 12 ~ ~ ~ght cf way r .... r .... : ....... ..... ~ ................ Way ="~:~':-~ 22 :q ~ 29 f: be!ow tcp cf 2 per !ct per 47 Draft: 03/05/01 ~1 Iff I '1 0 /'*tIT*E~DT A ¥ i'tT~I~DT(~T~ 48 Draft: 03/05/01 A I '-' I .4 I (~I~'TTT'~T) A ~],'I'T T'I'~'T.7' Sec. 5.2.2 Regulations governing home occupations. Sec. 5.2.2.1 The following regulations shall apply to any home occupation: a. Such occupation may be conducted either within the dwelling or an accessory structure, or both, provided that not more than twenty- five (25) percent of the floor area of the dwelling shall be used in the conduct of the home occupation and in no event shall the total floor area of the dwelling, accessory structure, or both, devoted to such occupation, exceed one 49 Draft: 03/05/01 thousand five hundred (1,500) square feet; provided that the use of accessory structures shall be permitted only in connection with home occupation, Class B; b. There shall be no change in the outside appearance of the buildings or premises, or other visible evidence of the conduct of such home occupation c,~.er ~a:: one (I) sign; provided that a home occupation, Class B, may erect one home occupation Class B sign authorized by section 4.15 of this chapter. Accessory structures shall be similar in facade to a single-family dwelling, private garage, shed, barn or other structure normally expected in a rural or residential area and shall be specifically compatible in design and scale with other development in the area in which located. Any accessory structure which does not conform to the setback and yard regulations for main structures in the district in which it is located shall not be used for any home occupation; c. There shall be no sales on the premises, other than items hand crafted on the premises, in connection with such home occupation; this does not exclude beauty shops or one- chair barber shops; d. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street; e. All home occupations shall comply with performance standards set forth in section 4.14; f. Tourist lodging, nursing homes, nursery schools, day care centers and private schools shall not be deemed home occupations. Sec. 5.2.2.2 Prior to issuance of clearance for any home occupation,' the zoning administrator shall require the applicant to sign an affidavit stating his clear understanding of and intent to abide by the foregoing regulations. (12-I0-80, § 5.2.2; Ord. 01-18()) Article IIL District Regulations Sec. 21.7 Minimum yard requirements. Sec 21.7.1. Adjacent to public streets: No portion of any structure, eueee~ excluding signs, shall be erected closer than thirty (30) feet to any public street right-of-way. No off-street parking or loading space shall be located closer than ten (10) feet to any public street right-of-way. (12-10-80, § 21.7.1; 7-10-85; 9-9-92; Ord. 01-18( )) State law reference- Va. Code § 15.2-2280. 50 Draft: 03/05/01 Sec. 30.6.2 Application. The entrance corridor overlay district t~. .... . .... *'~--~.a .~ ~,. ~r.x is created to conserve elements of ~e co~'s sce~c beau~ ~d to prese~e ~d protect coffidors: (i) ~along ~efial s~eets or ~ghwaysa ~ desi~ated as such p~su~t to Title 33.1 of ~e Virginia Code, incluain~ ........................... )~ fo~d by ~c bo~d of supe~sors to be sz~fic~t routes of to~st access to ~e co.W; er (ii) ~o ~stohc l~ks ~ established by the Virginia L~ks Co~ssion together M(h ~y other b~ldings or s~c~es withn the co~ty having ~ ~po~t ~stodc, ~c~tec~al or cul~al ~terest ~d ~y ~stohc ~e~ wi~n the co~ty as defined by ::cQcn Virginia Code ~ 15.2-2201~.~ *~.~ ~. ~ ~ ~r x,r:_~;..~o~_~,;., or (iii) ~to_ desi~ated hstofic l~ks, buil~gs, s~c~es or dis~cts in ~y contiguous locality. a. An entrance corridor overlay district may be established over any basic zoning ~istrict and/or any other overlay district, and upon the highways and their rights of-way identified in subsection (c) (the "EC streets"), regardless of whether such EC'streets are otherwise within a zoning district. b_ Entrance corridor overlay districts are hereby established upon the parcels of land contiguous to the EC streets delineated in subsection (c), from the edue of the rieht of-way to the greater of either: (i) the full depth of the parcel, if the parcel existed on th~. original adoption date of section 30.6; or (ii) a depth of five hundred (500) feet. c. Subject to subsection (b), entrance corridor overlay districts are hereby established upon and along the following highways: 1. U.S. Route 250 East. 2. U.S. Route 29 North. 3. U.S. Route 29 South. 4. Virginia Route 20 South. Virginia Route 631 South fi.om Charlottesville City limits to Route 708 and from U.S. Route 29 North to Route 743. (Amended 11-14-90; Amended 4-12-00) 51 Draft: 03/05/01 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. U.S. Route 250 West. Virginia Route 6. Virginia Route 151. Interstate Route 64. Virginia Route 20 North. Virginia Route 22. Virginia Route 53. Virginia Route 231. Virginia Route 240. U.S. Route 29 Business. U.S. Route 29/250 Bypass. Virginia Route 654. (Added 11-14-90) Virginia Route 742. (Added 11-14-90) Virginia Route 649 'from U.S: Route 29 North to Virginia Route 606. (Amended 4-12-00) Virginia Route 743 .from U.S. Route 29 North to Virginia Route 676. (Amended 4-12-00) Sec. 30.6.3.2 By special use permit. Each of the following uses are authorized within the entrance corridor overlay district only by special use permit: TT ...... ;~4-~.4 *. ...... :.~ ....... :' ~" :-~"'~ aAll uses ~ authorized by special use permit in the underlying districts; b. Outdoor storage, display and/or sales serving or associated with permitted uses, any portion of which would be visible from an EC street; provided that review shall be limited to the intern of this section 30.6. Residential, agricultural and forestal uses shall be exempt from this provmion. (Amended 9-9-92) c. The construction or location of any structure, including any subdivision sign or 52 Draft: 03/05/01 sign identifying a planned development as provided in section 4.15.16(1) of this chapter, upon the superiacent and subjacent airspace of an EC street that is not required for the purpose of travel or other public use by the Commonwealth of Virginia or other political jurisdiction owning such street. Sec. 30.6.5 Signs_ R~g~lations. In addition to the special use permit requirement for those si.gns identified in section 30.6.3.2, si~s within the entrance corridor overlay district shall be subject to the regulations set forth in section 4.15 oft his chapter. Notwithstanding any other provision of this section 30.6, the agent shall be authorized to issue certificates of appropriateness for eli~ble sins under section 4.15.15. For such quali .fyin~ si~s, the provisions of sections 30.6.4, 30.6.7 and 30.6.8 shall apply to the agent as it does to the architectural review board. P, cfcrcnc, c :,cct:,c,n ~.. ! 5. (Amended 7-8-92) I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on Aye Nay Mr. Bowerman Mr. Dorder Ms. Humphfis Mr. Martin Mr. Perkins Ms. Thomas Clerk, Board of County Supervisors 53 Attachment B: Existing Sign Ordinanc ~£M~£ COUNty c, 4,15 SIGNS (New ordinance adopted 7-8-92; old ordinance repcal=u 4.15.01 PURPOSE AND INTENT The purpose of these regulations is to ensure that signs ar.e appropriate to the land. buildino or use to which they are appurtenant and are effective, yet not excessive for their intended purpose. These regulations are intended to accomplish the following goals: -To promote the general health, safety and welfare by regulating distracting signs that are not necessary for the identification ora business location; -To protect the public investment in the creation, maintenance, safety and appearance of its streets and highways; -To improve pedestrian and vehicular safety by avoiding saturation and confusion in the field of vision; -To enable businesses to promote and identify their establishments: -To protect and enhance the county's attractiveness to tourists and other visitors as sources of economic development; and -To implement the comprehensive' plan goal of creating an attractive and harmonious environment. 4.15.02 SCOPE This sign ordinance is adopted under the zoning authority of the County. These regulations shall apply to all existing signs and their modifications and to new signs. All signs shall comply with these regulations and it shall be unlawful for any person to erect or maintain a sign that is not expressly permitted by this ordinance. 4.15.03 DEFINITIONS Abandoned Sien: A sign which identifies Or advertises a business, lessor, service, owner, product or activity no longer in existence, or for which no legal owner can be found. Advertisement: Any writing, printing, picture, painting, display, emblem, drawing, s~gn or similar device which is posted or displayed on real property and is intended to invite or to draw the attention or to sol icit the patronage or support of the public to any goods, merchandise, property, real or personal, business, services, entertainment or amusement, manufacture, produced, bought~ sold or conducted. Advertisine Structure: Any rigid or semirigid material, with or without any advertisement display thereon, situated upon' or attached to real property outdoors, primarily for the purposes of furnishing a background or base or support upon which an advertisement may be posted or displayed. - Advertising Vehicle: Any motor vehicle which is not in operating condition; or Which for a period of sixty (60) days or longer, has been partially or totally disassembled by the removal of tires and 18-4-29 ALBEMARLE COUNTY CODE wheels, the engine or other essential parts required for operation of the vehicle: or on which there are displayed neither valid license plates nor a valid inspection decal, or not used for transportation in the daily nonadvertising activities of the business at which it is parked, and is parked' in the public view for the purpose of attracting attention. This includes any temporary, or permanent signs resting on or attached to vehicles. Anchor Sig.n.: A sign identifying any specific business within a multi-business complex. Animated Sign: Any sign which uses movement or change of lighting to depict action or to create a special effect or scene. ' Area of Sign: The gross area of the sign as determined by the "calculation of sign area" section herein (see section 4.15.07.1 ). Auction Sign.: A sign advertising an on- or off-site auction to be conducted. Awning Sign: A sign placed on the surface of an awning. For the purposes of these regulations, it shall be considered a projecting sign. Banner: A sign that is constructed of a nonrigid surface such as fabric or paper, with no enclosing framework. Billboard: A freestanding off-site sign which exceeds thirty-two (32) square feet. Bulletin Board Sign.: A type of changeable copy sign enclosed in a casement made of gtass or plexiglass. A bulletin board sign shall be a directory sign. Canopy Sign: A sign attached to a structure which has a roof with support but no walls, and ~-~ which is either freestanding or attached to a building. Clearance (of a Sign): The smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade. Construction Sim~: Temporary sign announcing new development and/or the participating contractors, lending institution and the like. Co~: The characters, letters or illustrations displayed on a sign face. Directory Sign,: A sign which displays the names and/or the addresses of the establishments or uses of a building or group of buildings. Double-face Sign: A sign with two (2) parallel or nearly parallel faces, separated by an angle not to exceed forty-five (45) degrees. Electric Message Center: A sign on which the copy display changes automatically to display public serVice, time and weather messages. Estate Sign: A sign which identifies the name of a private residence. Farm Sign: A sign which identifies the name of the property and/or its products, for property in agricultural or forestal use. Flag: A singular section of fabric, banner or bunting containing distinctive color, size, pattern and symbol used as a symbol of a government or political subdivision. If the flag Connotes the business it shall be considered a sign. 18-4-30 ALBEMARLE COUNTY CODE ? Flashing Sign: An illuminated sign on which the artificial or reflected light is not maintained stationary or constant in intensity and color at all times. This includes any sign which revolves or moves. - - Freestandino Si-on' The oA .............. e=n~rm term for any sign which is supported from the ground and not attached to the building. Fronta~,e, Buildino: The building length as determined by the location of the main public entry that is adjacent to a punic or private travelway, as further calculated in section 4.15.07.5. Height. Sign: The vertical distance from the normal grade directly below the si_on to the highest point of the sign. This shall include the sign base, regardless of material, including earth~used primarily to elevate the sign, as calculated in section 4.15.07. Hi,ehwav Right-of-Way: The property owned by the Commonwealth or municipality for purposes of transportation. Home Occupation Si-on: A sign directing attention to a home occupation Class B conducted on the premises. Incidental Sign: A sign that has a purpose secondary to the use of the lot on which it is located. such as "handicap parking", "no parking", "entrance", "loading only". "telephone". and other similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental. Illuminated Sign: A sign, or any part of a sign, which is externally or internally lighted. Maintain. Maintenance: The cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter even slightly the basic copy or design, nor the original structure of the sign. ~ M ,~...ar.,uee Sign: A s~n;- attached to the sides of a marquee or other horizontal projection over an entrance. ,No. Hunting. Fishing or Trespassing Si-on: A sign erected on the appurtenant premises solely as a warning or notice. Off-site Advertising Sign- A sign that is used to attract attention to a subject including, but no~' limited to, the folloWing: an object, person, product, organization, busing'ss, service or location that is not located on the premises upon which the sign is located. This shall not include directional, political, government, temporary event signs or residential, subdivision signs. Pennani: A series of two (2) or more sections of plastic, fabric or other material, whether or not containing a message of any kind. suspended from a fixed structure, rope, wire or string, designed to move in the wind such as streamers, tinsel and the like. Pole Sign: A freestanding sign which is supported from the ground by a pole or a similar support structure of narrow width. Political Sign: A sign representing a candidate or issue subject to a federal, state or local government plebiscite. Portable Sign: Any sign not permanently attached to the ground or other permanent itructure, or a sign designed to be transported, includin, g, but not limited to. signs designed to be transported by 18-4-31 ALBEMARLE COUNTY CODE means of trailers or wheels: siens converted to A-shaped or T-shaped frames: including advertising vehicles. Projectine Sigr~: A sign, other than a wall sign, 'which is not mounted horizontally to the building wall surface, but extends beyond it. Public Sign: Any temporary, or permanent sign erected and maintained by a town. city. count3.', state or federal government or an authority thereof. (Amended 6; l 9-96) Real Estate Sien: Any sign which is used to offer for sale, lease, rent and/or development, the property upon which the sign is placed. Roof Sign: Any sign erected and constructed wholly on and over the top of the fascia or mansard of the building. Service Road.: An access primarily to a service area for loading of refuse and the like. Si~hx Distance Triangle: An area designated at an intersection of a site where signs are not permitted. This is a sign setback as calculated in section. 4.15.07.3. Si~: Any object, device or structure, or part thereof, which exists primarily to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location 'by any means, including words, letters, figures, designs, projected images, symbols, fixtures, colors, illumination, minerals, pictures or any part or combination thereof, which display is visible beyond the boundaries of the parcel of land on which the same is made. This shall include banners, Subdivision Si~n: A sign identifying a residential development located at the entrances to such development. Tempora~ Sign,: A sign that is displayed for only a .specified period of time. describing or identifying participants in a seasonal, bri6f or particular event or activity to be or being conducted upon the property. Temporary direction signs may be permitted as accessory to such use. Such signs may include special event signs, farm product signs and construction signs (reference 4.15.11). Visible: Capable of being seen. whether or not legible, by a person of normal vist~al acuity. Wall Si~n.: A sign painted on or attached to a wall of a building and parallel to the wall. For purposes of these regulations, this shall include a canopy and marquee. 4.15.04 EXEMPTED FROM PERMIT REQUIREMENT The following shall be subject to the regulations of this sign ordinance but shall not require a sign permit~ a. Name and/or address of resident, estate or farm sign, not including commercial identification, which does not exceed four (4) square feet in area. b. Temporary directional signs which do not exceed two (2) square feet in area, located no closer than five (5) feet to a front property line. c. Incidental signs, not to exceed four (4) square feet, and not to be placed at the entrance~ to the property. 18-4-32 ALBEMARLE COUNYT CODE d. Private drive signs, which are on-premise signs limited to one (1) per emranceL which do not exceed two (2) square feet in area and limited to the words "private drive." e. Public signs. £. Security and warning signs, such as no hunting, no trespassing and warning signs used by a private landowner, which do not to exceed two (2) square feet. g. Commemorative plaques which do not to exceed four (4) square feet. Special decorative displays used for holidays, public events or promotion for nonpartisan civic purposes, which are removed within seven (7) days of said event. i. Political signs presenting a candidate or issue subject to a federal, state or local government plebiscite, not illuminated, which do not exceed four (4) square feet or less in area. erected not more than thirty (30) days prior and removed within seven (7) days thereafter. Temporary real estate signs which do not exceed thirty-two (32) square feet. These shall be removed from the site within seven (7) days &sale or lease. k. Auction signs which do not exceed four (4) square feet, to advertise an on- or off-site auction to be conducted. These shall be removed within seven (7) days after date of auction. 1. Construction s~gns, which: (l) do not exceed one (1) sign per lot, (2) do not exceed maximum thirty-two (32) square feet. and (3) are removed within seven (7) days of issuance o£ a certificate of occupancy. m. Farm products signs, on property properly zoned for such use, which do not exceed eight (8) square feet. n. Road name and number signs. 4.15.05 BY SPECIAL USE PERMIT The authority to administer signs by special use permit is hereby granted to the board of zoning appeals. The following signs shall be permitted by special use permit within any underlying district: a. Off-site advertising signs. b. Electric message signs. 4.15.06 PROHIBITED SIGNS Signs with any of the following characteristics are prohibited within Albemarle County. This includes any sign: a. Which violates any provisions of the law of Virginia relating to outdoor advertising, including Sections 33.1-351 to 33.1-381, inclusive, and Section 46.2-83 ] of the Code. b. Which violates federal law including U.S.C. Sec. 131 control of outdoor advertising and provisions concerning Virginia byways. 18-4-33 ALBEMARLE COUNTY CODE c. Which obstructs free or clear vision, or otherwise causes hazards for vehicular, bicycle, or pedestrian traffic by reason of location, shape, illumination or color. d. Which casts glare or light, directly or indirectly, on any public roadway, or on any adjacent property within a residential district. e. Which imitates an official traffic sign or signal, or conflicts with traffic safety, needs due to location, color, movement, shape or illumination. f. Which is located or illuminated in such a manner as to cause a traffic hazard. g. Which outlines any building, sign or pan thereof with neon or other light. h. Which uses exposed, bare or uncovered neon illumination. i. Which contains or consists of a searchlight, beacon or strobe light, or the like, unless by an authorized government activity. Which contains or consists of pennants, ribbons, spinners, streamers or other similar moving devices. These devices, when not part of any sign, are similarly prohibited. k. Which is an advertising vehicle. 1. Which contains or consists of strings of light bulbs, not part of a decorative display but used as a means of attracting attention. m. Which is a billboard. n. Which moves, flashes, blinks or changes color except as otherwise specifically listed. o. Which are moored balloons'or other tethered floatingsigns. p. Which are banners, except as a permitted temporary event sign.. q. Which is any sign, except those so placed by a duly authorized government agency, or as a no hunting, fishing, or trespassing sign, which is nailed, tacked, painted or in any other manner attached to any tree, cliff, fence, utility pole or support, utility tower, rack, curbstone, sidewalk, lamp post, hydrant, bridge or public property of any description. r. Which is any sound-producing sign intended to attract attention regardless of whether or not the sign has a written message content. s. Which is a roof sign. t. Which is erected in or over a public right-of-way. u. Which is prohibited along state scenic highways. 4.15.07 CALCULATIONS The following calculations shall be used to determine limits as regulated in this ordinance. 18-4-34 4.15.07.1 SIGN AREA ALBEMARLE COUNTY CODE The area of a sign face computed by means of the area of the smallest square, circle, rectangle, triangle or combination thereof, which will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. This calculation shall not include any supporting framework, bracing or decorative fence or wall when such feature otherwise complies with other regulations Of this ordinance and is clearly incidental to the display itself, as shown in Table I. Two-sided sign faces shall be counted as single face provided the angle separating them does not exceed forty-five (45) degrees. The maximum combined size of free standing sign and its support structure shall not exceed two and one-half(2.5) times the maximum allowable sign size. TABLE I, Measurln~ Si-~n Area [ ~, ,-, ,, . [_,~. -c,, ,_. r. TABLE II, Measuring Structure 4.15.07.2 SIGN HEIGHT In the determination of the highest point of the sign and structure, the normal grade from which to measure the bottom of the sign height shall be that which is either: Existing prior to construction, or Newly established after construction depending on which is more consistent with the surrounding elevation of the lot on which it is located. (Any fill or excavation which serves primarily to elevate the sign shall be included in the height of the sign.) TABLE III, Measuring Height 18-4-35 ALBEMARLE COUNTY CODE 4.15.07.3 SIGHT DISTANCE TRIANGLE The purpose of this regulation is to protect public safety by prohibiting obstructions of sight distances. A triangular diagram area that is included between the lines of an intersecting exterior street and/or a street commercial entrance, and a straight line connecting them at a point ten (10) feet distance from the edge of the exterior road. The' driveway for a single-family or two-family residence shall not be included in this calculation. This obsu-uction-fi-ee area may be extended to conform to minimum Virginia Dgpartment of Transportation sight distance .standards. 4.15.07.4 SETBACK Setback shall be measured from the property line or, in the case of an access easement, from the edge of the easement, to the closest point of the sign. A pole sign shall be measured from the edge of the sign or the pole, whichever is closest to the property line. TABLE IV, Measuring Setback .] 18-4-36 ALBEMARLE COUNTY CODE 4.15.07.5 BUILDING FRONTAGE FOR WALL SIGNAGE Building frontage used for calculating the allowable wall sign area shall be measured along the horizontal length of an outside building wall, for that business, in one plane on which is located the establishment's primary entrance. In cases where an establishment has two (2) or more walls adjacent to a highway or private right-of-way this additional parallel wall may be used to calculate one (1) accessory frontage at one-third (I/3) the rate as allowed on the primary entrance frontage. Sign areas calculated on building frontage may be used only on those frontages from which th~ey were calculated, although the total area may be split between them. 4.15.07.6 MULTI-BUSINESS COMPLEX SIGNS One (1) freestanding sign is allowed for a shopping center, office park or other similar groups of business establishments collectively assembled on one (1) parcel. Only the collective establishment's name may be located on the.sign. For example, in a shopping center, only the shopping center name may be identified on the freestanding sign, except as further provided below. Anchor signs shall be provided as-~n accessory sign attached to the structure of a multi-business complex sign, as allowed by the following calculations: One (1) anchor sign, not to exceed six (6) square feet, shall be permitted for shopping centers exceeding one hundred thousand (100,000) square feet in floor area. Additional anchor signs shall be permitted at the rate of one (1) per one hundred thousand (100,000) square feet above and beyond the initial one hundred thousand (100,000) square feet of'floor area, not to exceed four i4) such anchor signs in total. 4.15.08 CONTENT AND ADVERTISING MESSAGE The content or advertising message carried by exterior signs shall be limited to one (1) or more of the following: The name of the owner, occupant and/or management of the principal establishment, except as provided in section 4.15.07.6. b. The addres~ of the establishment. or collective 18-4-37 ALBEMARLE COUNTY CODE c. The kind of business, the brand name of the principal commodity, sold on the premises and/or the brand name of the principal service or activity involved in the conduct of the business. d. Any otherwise lawful noncommercial message which does not direct attention to a business operated for profit, or to a commodity or service for sale. " e. Changeable messages concerning any lawful business-related activities on the premises and/or goods and services offered in connection therewith. Services offered in connection with a business on the premises, such as, but not limited to. automobile travel clubs and credit card agency acceptance. g. Logo or other identification symbol for the business. 4.15.09 ADMINISTRATION The zoning administrator shall have primary responsibility, for the administration and enforcement of this ordinance and is hereby given full authority, to enforce any and all provisions of this ordinance. In addition to the 'duties specified in other portions of this ordinanc~e, the zoning administrator shall have the power to: a. Receive sign applications and approve or deny such applications; b. Make inspections of all sips and premises upon which signs are situated or proposed to be situated to confirm information contained in an application or any other information relating to a permit application; c. Maintain records, inventories and maps concerning signs; d. Register nonconforming signs; Make such other inspections as are necessary to ensure compliance with the provisions of this ordinance, any other applicable regula'dons, and the terms of any permit; f. Issue the requisite notice and take the appropriate, authorized steps to enforce this ordinance; g. Interpret the general intent or r~aeaning of any provision of this ordinance; and h. Assign to staff such duties as deemed appropriate. The zoning administrator may designate agents for the administration of this ordinance. ~1.15.09.1 PERMIT REQUIRED No person shall erect or cause to be erected nor shall significantly alter, replace or relocate any sign, except those exempt from a permit pursuant to section 4.15.4. unless and until a permit therefor shall have been issued by the zoning administrator in accordance with these regulations. All signs'shall be located on the same lot with the principal use to which they pertain, except as provided for with a special use permit for an off-.hire sign. 4.15.09.2 APPLICATION REQUIREMENTS No permit shall be issued unless all of the requirements contained in this ordinance shall have been met and complied with, including the following: 18-4-3 8 ALBEMARLE COUNTY CODE An application provided by the courtW must be filed with thc zoning administrator. This application shall inc] nde the following informanon together with the applicable fee: 1. The sign owner's name. address and daytime telephone number: and. if different, the name and signature of the owner of the premises where the sien is located or is to be located; - 2. The name, address and daytime telephone 'number of the person who will be performin_o the work requeste, d: ~ 3. Location, tax map and parcel number, and zoning designation of the parcel on which the sign is or will be located: ~ Any other information the zoning administrator shall require to ensure compliance with this an d all other applicable county ordinances; A site plan legibly drawn to scale and sufficiently detailed showine the location and dimensions of the sign: ~ 6. Signed statement by the applicant that the proposed sign will not violate the standards of this ordinance; ' A photograph of the proposed location; Plans, specifications and details, as applicable. These shall include the construction materials to be used. manner of illumination, components, methods of support, and condition and age of the sign; and 9. Written consent of the landowner. b. No permit shall be issued unless the applicant has paid the requisite fees approved by the board of supervisors. - The zoning administrator shall review the application and either approve, deny or refer the application for more information back to the applicant or to the board of zoning appeals or architectural review board or both. If the application is denied, the reasons shall be specified in writing. 4.15.09.3 ISSUANCE OF PERMIT a. Each site inspected to verify the information m a completed application and a decision on the permit shall be made within thirty (30) days of the receipt in the zoning administrator's office of all required documents, plans and fees as may be required pursuant to section. 4.15.09.1; or the application shall be deemed approved as submitted. b. Each sign permit shall become null and void if the activity approved in the permit is not completed within six (6) months from the date the permn or certificate of occupancy is issued, whichever is the later. Extensions are issued at the discretion of the zoning administrator. c. The zoning administrator shall maintain accurate records of all sign permits issued by the locality, which records may serve as the basis for a comprehensive inventory. d. A permit number for an off-site sign issued by the zoning administrator shall be affixed to the sign in a conspicuous place. 18-4-39 ALBEMARLE COUNTY CODE e. The zoning administrator shall revoke a sign permit for failure of the holder to conform with any of the provisions of this ordinance. ~-~ 4.15.09.4 SIGN MAINTENANCE AND REMOVAL a. All signs and their components shall be maintained in good repair and in a safe condition. b. The zoning administrator may cause to have altered~ removed or repaired immediately without written notice any sign which, in his or her opinion, is unsafe and presents an eminent threat to public safety..' c. Any sign that is erected without a required permit or is otherwise erected, used or maintained in violation of the provisions of this ordinance is hereby declared to be a public nuisance. The sign owner, or the owner or lessee of the property on which the sign is located, shall remo.ve the sign within fifteen (15) days of notification by the zoning administrator of its illegal status, and, if removal has not been accomplished within the prescribed time, the zoning administrator may cause the sign to be removed. The zoning administrator may remove or order the removal of any sign he or she deems to be a public nuisance at the expense of the property owner. Cardboard and paper signs which have been removed by the county shall be destroyed upon removal. All other signs which have been removed by the county, shall be held for a period of thirty. (30) days and may be reclaimed within that time by payment of the costs of removal. Thereafter. such signs shall be deemed to have been forfeited by the owner and shall be destroyed. d. Any sign face or structure advertising an abandoned use (see section 6.0. nonconformities) shall be removed within ninety (90) days of discontinuance of the advertised activity. If the owner or lessee fails to remove the sign, the zoning administrator may cause the ~ign to be removed or initiate such other action as may be necessary to gain compliance with the provisions of this Ordinance. ~ e. Whenever the zoning administrator causes a sign to be removed or repaired under the provisions of this subsection, the cost of such removal or repair shall be chargeable to the owner of the sign or the owner or lessee of the property and shall constitute a lien upon the property upon which the sign was located until paid. 4,15,09.5 REPLACEMENT OR CONSOLIDATION OF EXISTING NONCONFORMING SIGNS To encourage the attractive and effective maintenance of signage, the zoning administrator may allow existing, nonconforming signage to be altered when the alteration makes them more in compliance with the purpose and intent of the ordinance. Each time an existing nonconforming sign is replaced, remodeled or consolidated, the maximum sign area, height or setback shall be reduced by twenty-five (25) percent until such sign is brought into conformity with these regulations. Under no circumstances shall the new consolidated sign be larger in height, o/' have an area greater than the largest of any of the signs being removed. The existing sign dimensions shall not be applied towards a different type of new sign. 4.15.10 NONCONFORMING SIGNS a. The owner of any property on which there'is located a nonconforming sign shall, upon nouce from the zoning administrator, submit verification within sixty (60) days that the sign was lawfully in existence at the time of adoption of these sign regulations. b. Nonconforming signs shall be kept in good repair and condition. However, any sign which is declared to be unsafe or unlawful by any authorized county official as a result of physical condition may not be restored, repaired, oi rebuilt, but must be removed. 18-~4-40 /I£BEMARLE COUNT~ CODE c. Nonconforming signs shall not be displayec~ on anv other portion of the property, or building other than its original location, and may not be displayed on another propert?.,. d. Nonconforming signs shall not be enlarged, extended or structurally altered unless in compliance with section 4.15.09.5. eo A nonconforming sign which is destroyed or dm'aged to an extent exceeding fifty (50) percent of its appraised value shall not be altered, }eplaced or reinstalled unless it is in conformance with this ordinance. If the darnaee or destruction is fifty. (30) percent or less of the appraised value, the sign may be restored within two (2) vears of the dama,oe, but shall not be enlarged in any manner. ' - f. A nonconforming sign shall be removed if the structure, building or use to which it advernses is abandoned (see section 6.0. nonconformities), destroyed or demolished to an extent exceeding fifty (50) percent of the appraised value of the principal structure, building or use. g. The sign copy of nonconforming signs may be maintained and refaced using the same colors but the structure shall not be altered. However, whenever a substantial change of sign use or structural alterations occurs upon a lot containing a sign, such sign shall not be permitted unless modified to be in full compliance with this ordinance. 4.15.11 TEMPORARY SIGNS The zoning administrator upon application, may issue temporary permits for the following signs and displays when in his or her opinion the use of such signs or displays would not result in additional adverse impact on adjacent properties or public facilities. However. prohibited si_ons (section 4.15.06) are in no way allowed as temporary signs, with the exception of banners (secti~on 4.15.06). If the temporary sign used is a portable sign, then it shall be anchored. The anchoring method shall be approved by the zoning administrator prior to irs use. a. Signs not exceeding thirty-two (32) square feet, advertising a special civic or cultural event such as a fair or exposition, play, concert or meeting sponsored by a governmental, charitable or nonprofit organization. No more than four (4) such permits shall be issued in one (I) year. Each shall be valid for a period not to exceed fifteen (15) days following issuance and shall be removed within seven (7) days of the termination of the stated use. b. Special decorative displays used for purposes of advertising the opening of a new store, business or profession nor exceeding thirty-two (32) square feet, for a period not to exceed thirty (30) days. Such displays must be removed within seven (7) days of the term:nation of the stated use. Co Sales event signs not exceeding thirty-two (32) square feet. No more than four (4) such permiB shall be issued in one (1) year. Each shall be valid for a period not to exceed fifteen (15) days following issuance. 18-4-41 ALBEMARLE COUNTY CODE 4.15.12 SIGNS PERMITTED BY ZONING DISTRICT, GENERALLY The following signs, unless otherwise regulated elsewhere in this ordinance, shall be permitted in all zoning districts with the following provisions: a. Temporary signs in accordance with section 4.15.11. b. Exempted signs in accordance with section 4.15.04. c. Freestanding signs shall be permitted in all districts to those lots with one hundred (100~ feet or more of continuous highway right-of-way frontage. d. Sites containing acreage greater than four (4) acres and having more than one Virginia Department of Transportation approved entrance shall receive an additional freestanding sign. The total signage allowed shall not exceed two (2) per highway right-of-way frontage: and these signs must be placed where Virginia Department of Transportation approved entrances exist. All lots with less than one hundred (100) feet of frontage, on which there is located a freestanding sign at the date of the adoption of this regulation, shall be permitted one (1) freestanding sign. For the purposes of these regulations: 1. Bulletin board signs and menu signs shall be regulated as directory signs. 2. Outdoor menu boards are oniy allowed on lots with a permitted drive-through use, and under the following condition: The menu board shall not be clearly visible from the highway right-of-way. 3. Gasoline service stations shall be permitted additional sign area fo~ the exclusive purpose of displaying fuel prices. This sign area shall be calculated at a maximum of fifty (50) percent of the principal sign area to which it is attached or sixteen (16) square feet. whichever is less. Nothing in this ordinance shall be construed to allow the placement within any district of any sign, or other structure within the sight distance triangle of a public road, or highway as calculated in section 4.15.07, or within the minimum setback or above the height limits set forth below, and calculated in section 4.15.07. Sections 4.15.12.1 through 4.15.12.7 provide the sign type, area, height, setback and number allowed by zoning district. 4.15.12.1 RESIDENTIAL AND AGRICULTURAL DISTRICTS (RA, VR, R-I AND R-2) The following are permitted within these districts as further regulated below: Setback ] # Allowed Other Sign Type Area Height (Maximum)___ ._(Maximum) (Minimum) (Maximum) Freestanding right-of-way for each lot with 100 frontage feet of continuous highway right-of-way frontage.* FOR EACH ESTABLISHMENT. Directory. .~ 69' -- 10ft . 1 ~ [ 20 sq ft . M~ximum Same as ~/A ' . 18-442 ALBEMARLE COUNTY CODE Sign Type Area Height (Maximum) (Maximum) I Setback ~ Allowed (Minimum) i t Other (Maximum) height 20 fi building , below top of ' fascia or man~nrd Subdivision . 32 sq fi 6 fi I 0 fl 2 per entrance · aggregate per entrance Temporary 32 sq ,~ 10 fl 10 ft I I per lot per hio. qh- See section 4 1 q 11 way right-otXway frontage , Signs bv Special Use Permit: a) Off-site advertising signs; b) Electric message signs. All signage except subdivision sig'ns refer to nonresidential uses only. Nonresidential uses including but not limited to: a~icultural uses, church, fire/rescue squad, civic clubs, schools, daycare centers an d retirement centers may be permitted. Forty (40) square feet in Rural Areas District (WALL SIGN ONLY). See section 4.15.12.d. (Adopted 7-8-92) 4.15.12.2 RESIDENTIAL DISTRICTS (R-4 AND R-6) The following are permitted within these districts as further regulated below: Sign Type Area Height Setback # Allowed Other (Maximum) (Maximum) (Minimum) (Maximum) FOR EACH LOT ~ ~ ~ 24sqfi lOft 10~ I po: ~ ~ . right-of-way · for each lot with 100 frontage feet of continuous highway right-o~;way .FOR EACH frontage.* ESTABLISHMENT . , Wall - ~ M~.ximum same as N/A heieht 20 fl building ' below top of fascia or mansard Subdivision 32 sq fi 6 fl 10 fl 2 per entrance aggregate per entrance Temp~)rary 32 sq ft I 0 fl 10 fl I per lot per 4 peryear tbr 60 days · highway right-of- See section 4.15.11 way frontage Si_ohs bv Special Use Permit: a) Off-site advertising signs: b) Electric message signs. All signage except subdivision siens refer to nonresidential uses only. Nonresidential uses including bu~ not limited to: agricultural uses, church, .fire/rescue squad, civic clubs, schools and daycare centers may be permitted. See section 4.15.12.d. (Adopted 7-8-92) 18-4-43 ALBEMARLE COUNTY CODE 4.15.12.3 RESIDENTIAL (R-I 0 AND R-15); PLANNED RESIDENTIAL DEVELOPMENT (PRD) The following are permitted within these districts as further regulated below: Sign Type I Area [ Height / Setback #Allowed i Other Freestanding ri~t-of-way ' / for each lot with 100 fi-~ntav, e ' / feet of continuous highway right-ol;way i frontage.* FOR EACH ESTABLISHMENT q fi Directo~ N/A -- Wall ~--~'q" Maximum same as height 20 fi building of building frontage below top of fascia or . mansard Sub0ivtsion 32 sq R 6 fi 5 fi 2 per aggregate . per eni,ance 4 per year [0r 60 days Temporary 32sqfi 10fi 5 t~ I per lot per . . highway right-of- See section 4.15.11 Signs by Special Use Permit.: a) Off-site advertising signs; b) Elec,q'ic message signs. All signage except subdivision signs refer to nonresidential uses only. * See section 4.15.12.d. (Adopted 7-8-92) 4.15.12.4 PLANNED UNIT DEVELOPMENT (PUD) The following are permitted within this district as further regulated below: Sign Type Area ' [ Height Setback t # Allowed Other  (Minimum) (Maximum)~ (Maximum).. i ~..~-----~.,.---~. .- FOR F.~CR LOT ~' 1 pe~ highway ~ Freestandsn"-'"'""-'~"~" g ' right-of-way for each lot with 100 frontage feet of continuoug highway right-of-way frontage.* FOR EACH . __ ESTABLISHMENT '~ 6 ft 5 ft Directory N/A ~er I linear ~'- ~ ~q ft Maximum of building frontage height 20 t~. below top of fascia or mansard Subdivision 32 sq tl 6 fl 5 ft 2 per entrance aggregate per enL~ au-iCe Temporary 32 sq ft 10 fl 5 fl I per lot per 4 per year t6r 60 days way frontage Sions bv Special Use Permit: a) Off-site advertising signs; b) Electric message signs. 18-4-44 ALBEMARLE COUNTY CODE All signage except subdivision si.ons refer to nonresidential uses only. - Projecting signs, however, shall ~nly be allowed when wall or frees~andine siens are impractical; except as provided in section 4.15.4. See sect~ on 4.15.12.d. (Adopted 7-8-92) 4.15.12.5 COMMERCIAL DISTRICT (C-I AND CO) The following are permitted within these districts as further regulated below: Sign Type [ Area Setback (Maximum) ] Height # Allowed (Maximum) I (Mi}~imum) (Maximum) Other FOR EACH LOT Freestanding ~ 12 fl One right-of-way for each lot with 100 frontage feet of continuous highway right..ol;way FOR EACH , frontage.* ESTABLISHMENT ~-- ~ 6 fi 5-'-J~' I per intersection ~g ~ M~ I per ~ height 20 fl right-of-way below top of frontage · fascia or mansard Wall 100 sq ft Maximum N/A ' Per estabishment. 1 sq maximum height 20 fl fl per I linear fl of below top of fascia or building frontage mansard Temporary 32sqfl 10fl 5fl 2 per lot per 4 per year lbr 60 days highway right-of- See section 4.15. I 1 ' way frontage Signs bv Special Use Permit: a) Off-site advertising signs; b) Electric message signs. Each establishment shall be limited to a choice of one (1) of the following: wall or projecting. See section 4.15.12.d. (Adopted 7-8-92) 4.15.12.6 COMMERCIAL (HC) and MIXED COMMERCIAL (PD-SC and PD-MC) DISTRICT The following are permitted within these districts as further regulated below: Sign Type Area Height Setback # Allowed' Other FOR EACH LOT (Maximum) (Maximum) (Minimum) (Maximum) Freestanding 32 ~ I-2 fl ~ 5 ft ~Y One~ed right-of-way for each lot with 100 frontage feet of continuous highway right, of-way FOR EACH frontage.' ESTABLISHMENT Directory ~ 10 ti 5 fi 1 per intersection ------ ~g ~ Maximum I per highway height 20 fl right-of-way below top of frontage fascia or mansard 18-4.-45 ALBEMARLE COUNTY CODE Sign Type Area Height Setback # Allowed Other (Maximum) (Maximum) (Minimum) (Maximum) Wall 200 sq fi Maximum N/A .Per estabishment. 1 sq maximum height 20 fl fi per I linear fl of below top of I building fronlage fascia or mansard 2 per lot per t 4perveartbr60days Temporary 32 sq ft 10 fi 5 fi highway right-of- I See section 4.15.11 Si~_ns by Special Use Permi, t.: a) Off-site advertising signs; b) Electric message signs. Each establishment shall be limited to a choice of one (1) of the following: Projecting or wall. * See section 4.15.12.d. (Adopted 7-8-92) 4.15.12.7 INDUSTRIAL (HI and LI) and MIXED INDUSTRIAL 0aD-IP) DISTRICT The following are permitted within these districts as further regulated below: Sign Type Area Height S~haek # Allowed Other (Maximum). {Maximum) (Minimum} (Maximum} Freestanding fight-of-way for each lot with 100 frontage feet of continuous highway right-of-way frontage.* FOR EACH ESTABLISHMENT_ ~ ~ntersection ..... --~ sq fi ~ Directory. '--~eeting ~ fi Maximum I per ~ height 20 fl. right-of-way below top of frontag~ fascia or mansard Wall 200 sq fi Maximum N/A Per estabishment. I sq maximum height 20 fi fi per 1 linear fi of betow top of building frontage fascia or mansard TemporaD' 32 sq fi l 0 fi 5 fi 2 per' lot per 4 Per year tbr 60 days highway right-of- See section 4.15.11 way frontage _ Siens bv Special Use Permit: a) Off-site advertising signs; b) Electronic message signs. Each establishment shall be limited to a choice of one (1) of the following: Wall ox: freestanding. See section 4.15.12.d. (Adopted 7-8-92) 4.15.12.8 OVERLAY DISTRICTS There are hereby established scenic areas and entrance corridor overlays along the roads cited in those sections (sections 30.5 and 30.6). 18-4-46 ALBEMARff. tE.~COUN'fI'CODE No sign which would be visible from any entrance corridor street shall be erected withom issuance of a certificate of appropriateness by the'architectural review board. The location for all signs proposed for new development within the entrance corridor overiax district shall be indicated on an.,,' site plan submitted for a certificate of appropriateness. Excessive window advertisement shall be discouraged. It shall be subject to. and max' be limited by. the architectural review board. 4.15.I3 VIOLATION AND PENALTY 4. I 5.13.1 ENFORCEMENT The violation of any of the provisions of this ordinance is herebv, declared to be a misdemeanor. for which the zoning administrator or his/her designee shall cause a x~Tttten notice of violation to be issued to the owner, tenant or lessee of the propen? on which the sio_n is locqted and,or the owner or lessee of the si_on. If such violation is not corrected within five (5) days after receipt of the notice of viola:ion, except violations involving 'portable signs, the zoning administrator shall remove or cause to be removed at the owner's or tenant's expense such sign and/or institute such other action as max' be appropriate. If the violation involves a portable sign. such si_ma shall be removed immediatelv~ and if not. the administrator, or his. designee, shall remove or cause To be removed at the owner's or tenant's expense such sign an~'or institute such other action as may be appropriate. Removal of a si~ shall not affect any proceedings instituted prior to removal ~f such sign. (See section 31.0. administration, enforcement and interpretation.) 4.15.13.2 APPEALS Reference section 34.3 of the Albemarle County Zoning Ordinance. 4.15.14 SEVERABILITY AND CONFLICT 4.15.14.1 -SEVERABILITY This ordinance, and its various parts, are hereby declared to be severable. If any section, clause. provision or portion of this ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of this ordinance as'a whole. All pans not declared invalid or unconstitutional shall remain in full force and effect. 4.15.! 4.2 CONFLICT If any pan of this ordinance is found to be in conflict with any other ordinance or any other part of this ordinance, the most stringent or highest standard as determined bv the zonin,_, administrator shall prevail. If any part of this ordinance ~s explicitly prohibited by federal or state-statute, it shall not be enforced. (Adopted 7-8-92~ 18-a-47 ALBEMAR2.E COUNTY CODE 4.16 RECREATION REGULATIONS Developed recreational area(s) shall be provided for ever,.' development of thin5.' (30) umts more equal to or exceeding four (~4) dwelling units per acre. except t~r single-famit> and family dwellings developed on conventional lots. ( Added 3-5-861 4.16.1 MINIMUM AREA A minimum of two hundred (200) square feet per unit of recreational area shall be provided in common area or open space on the site. this requirement not to exceed five (5) percent of the gross site area. The commission shall consider the appropriateness of such area for the intended purpose, using the following guidelines: 1. Slope in active recreation areas shall not exceed ten (10) percent..Slope and drainage shall be approved by the counw engineer: The size and shape of each recreation area shall be adequate for the intended use:' 3. Groundcover shall consist of turf _re'ass or contained mulch such as pine bark. shredded ~ ires. or pea 4. Existing wooded or steep areas may qualify, as passive recreation area provided no other suitable area is available on the site: 5. Access shall be adequate for pedestrians and service vehicles if necessary: 6. Location shall be compatible with adjoining uses. convenient to users and suitable for supervision. 4.16.2 MINIMUM FACILITIES The following facilities shall be provided within the recreational area: 4.16.2.1 One (1) tot lot shali be provided for the first thirty (30) units and for each additional rifty (50/ units and shall contain equipment which provides an amenity equivalent to: One (1) swing (four (4) seats} One ( 1 ) slide Two (2~ climbers One (1) buckabout or whirl Two (2) benches, Substitutions of equipment or facilities max' be approved by the director of planning and community, development, provided the3' offe( a recreational amenity, equivalent to the facilities listed above, and are appropriate to the needs of the occupams. Each tot lot shall consist of at least two thousand (2,000) square feet and shall be fenced, where determined necessary by the director of planning and communi~' development, to provide a safe environment for young children. 4.16.2.2 One-half (1/2) court for basketball shall be provided for each one hundred (100) units, consisting of a thirty, (30) foot by thirD.' (301 foot area of four (4) inch 21-A base and one and one half (I I~} inches bituminous concrete surface, and a basketball backboard and net installed at regulation height. 18..~.-4 8 Attachment C: Guide to Sign Ordinance Revisions GUIDE TO PROPOSED SIGN ORDINANCE REVISIONS 4-2-01 This guide is to follow the major changes in the draft sign ordinance. The minor changes which are of a "housekeeping" nature are not listed. Sections have been rearranged and renumbered accordingly for better organization. Section 4.15.1 PURPOSE AND INTENT This section is expanded to more fully describe the purpose, scope and applicability of the sign regulations. Section 4.15.2 DEFINITIONS Several definitions are revised to provide better descriptions and clarification as to the applicable regulations. These include: anchor sign, animated sign, auction sign, canopy sign and off-site sign. Definitions were deleted for terms which are either not referenced in the text or are defined within the body of the text. Terms which are used in the regulations and were not. defined previously are added..These include: copy, erect, establishment, fascia, menu signl moving sign, noncommercial speech, nonconforming sign, onsite sign, sign face, sign structure, warning sign and window sign. Section 4.15.3 SIGN CONTENT This explains the fact that the sign provisions include the expression' of noncommercial as well as commercial copy. Section 4.15.4 SIGNS AUTHORIZED BY SIGN PERMIT This section states when a sign permit is required, outlines the requirements for the sign application and the procedure' for review. Temporary sign regulations have been revised so as to no longer specify qualifying events for temporary signage and to apply one standard for length of permit (! 5 days). Section 4.15.5 SIGNS AUTHORIZED BY SPECIAL USE PERMIT This section has been revised to limit electric message signs to commercial or industrial districts. Language has been added to codify how we administer off-site sign special permits through the Board of Zoning Appeals as a finding of undue hardship. An exception to the requirement of a special permit is given to signs which by their function are usually off-site, such as political, subdivision and temporary signs. Section 4.15.6 SIGNS EXEMPT FROM THE SIGN PERMIT REQUIREMENT This section resolves a common question by stat!ng that while exempt signs do not require a permit, they must comply with the sign regulations. Additional language includes exemptions for a home occupation sign and a window sign (which is not regulated). An increase in exempt sign size to four (4) square feet is allowed for temporary directional and warning signs. Revised 04/02/0 Section 4.15.7 PROHIBITED SIGNS Included as prohibited signs are those which violate Building or Fire Codes. Clearer language has been used to describe lighting which outlines a structure or sign. The draft adds the prohibition against using signs within a building which are visible from an entrance corridor and which use neon which is exposed, bare, uncovered or covered by a transparent material. Sections 4.15.8, 4.15.9 and 4.15.10: REGULATIONS APPLICABLE IN THE IL&, VR, R-1 R-2, R-4, R-6, R-10, R-15 AND PRD ZONING DISTRICTS For all of these zoning districts, the draft states that while the maximum aggregate size of freestanding signage is 24 square feet, no individual sign can exceed 12 square feet when there is more than one sign. In addition, the draft includes a maximum height for temporary wall signage, where now the ordinance is silent. Language has been revised to be more consistent and appropriate throughout the regulations. For example, instead of referring to "highway right-of- way", it was changed to "street frontage." It could often be the case that either the road is not a right-of-way or that the road frontage is not on a highway. Sections 4.15.11, 4.15.12, 4.15.13 and 4.15.14: REGULATIONS APPLICABLE IN THE PUD, C-I, CO, HC, PD-SC, PD-MC, HI, LI AND PD-IP ZONING DISTRICTS To meet the need evidenced by recurring wall sign height variances, we recommend restoring the wall sign height to 30 feet as it was in the prior ordinance, instead of the current 20 feet maximum. Section 4.15.15 REGULATIONS APPLICABLE IN THE' ENTRANCE CORRIDOR OVERLAY DISTRICT This section has been expanded to include a provision for administrative approval in certain cases and to require submittal of a comprehensive sign plan. Administrative approval is permitted if the sign will not require a variance and the sign a) will either not be internally illuminated or will be internally illuminated with an opaque background; b) will replace an existing sign that will be substantially the same as the existing sign; or c) will be in a multi- business complex and complies with the approved comprehensive sign plan. The agent has the option of referring any sign to the Architectural Review Board. Language has been added to state that the ARB can include conditions minimize window signs. Section 4.15.20 DETERMING STRUCTURE FRONTAGE This section has been revised in two ways: 1) for an establishment to qualify for wall signage, it must have an exterior wall; and 2) it is no longer a requirement that the wall sign be. erected on a wall with an entrance. This revision to no longer limit the location of wall signage will be a logical and reasonable "fix" to a currently restrictive regulation. The overall sign sizes have not changed. Section 4.15.24 NONCONFORMING SIGNS The draft nonconforming sign provisions are more stringent in two ways: 1) if either the sign face or the use to which the sign pertains is discontinued for a period of two continuous years, the sign shall lose its nonconforming status and be removed by the owner of the property; and 2) when nonconforming signage is consolidated, it shall become at least twenty-five percent more Revised 04/02/01 2 conforming in sign area and height. Currently, the ordinance requires more conformity in sign area or height. Section 5.2.2. REGULATIONS GOVERNING HOME OCCUPATIONS This section has been amended to clarify that a sign is only permitted with a home occupation class B. This is not a change of regulation, but merely language to provide consistency. Section 21.7.1 ADJACENT TO'PUBLIC STREETS This is not a change of regulation, but is a revision for clarity. Section 30.6.2, 30.6.3.2 and 30.6.5 ENTRANCE CORRIDORS The draft proposes reformatting the text for proper form. Section 30.6.5 clarifies that a certificate of appropriateness is required for signs in the public right-of-way along entrance corridors. Revised 04/02/01 3 ORDINANCE NO. 01-18(4) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE H, BASIC REGULATIONS, AND ARTICLE IV, PROCEDURE, OF THE CODE OF TIlE 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 IV, Procedure, are hereby amended and reordained as follows: By Amending: Sec. 4.2.5 Sec. 4. I0.3.1 See. 4.12.7 Sec. 4.17.5 Sec. 4.18.07 Sec. 5.1 Sec. 32.3.10 Modification of regulations. Exceptions - excluded bom application. Required off-street loading space. Modification, waiver .or variation. Modification, waiver or variation. Supplementary regulations. Waiver; variation; or substitution. Chapter 18. Zoning Article II. Basic Regulations Sec. 4.2.5 Modification or waiver. Any requiremem of section 4.2 may be modified or waived in an individual ' case, as provided herein: A. A developer requesting such modification or waiver shall file a written request in accordance with section 32.3.10.4 of this chapter and shall in such request address each concern set forth in section 4.2. No such modification or waiver shall be granted until the commission shall have considered the recommendation of the agent. The agem in formulating such recommendation may consult with the county engineer, Virginia Department of Health, water resources manager and other appropriate officials. The county engineer shall evaluate the potential for soil erosion, sedimentation and water pollution in accord with current provisions of the Virginia Department of Transportation Drainage Manual the Commonwealth of Virginia Erosion and Sediment Control Handbook and Virginia State Water Control Board best management practices, and where applicable, Chapter 17, Water Protection of the Code. B. The commission may modify or waive any requirement of section 4.2 in a particular case upon finding that: 1. Strict application of the requirements ofsection 4.2 would not forward the purposes of this chapter or otherwL~e serve the public health, safety or welfare, or that alternatives proposed by the developer would satisfy the purposes of section 4.2 to at least an equivalent degree; or 2. Due to its unusual size, topography, shape ofthe property, location ofthe property or other unusual conditions, excluding the proprietary interest of the developer, t~he requiremems of section4.2 would effectively proI~'bit or unreasonably restrict the use of the property or would result in significant degradation of the site or adjacent properties. Such modification or waiver shall not be detrimental to the public health, safety or welfare, to the orderly development of the area, or to adjacent properties, or be contrary to sound engineering practices; or 3. Granting such modification or waiver would serve a public purpose of greater import than would be served by strict application of section 4.2. C. In granting such modification or waiver, the commission may impose such conditions as it deems necessary to protect the public health, safety or welfare and to insure that such development will be consistent with the intent of section 4.2. D. The board of supervisors shall consider a modification or waiver of any requirement of section 4.2 only as follows: t, The denial of a modification or waiver, or the approval of a modification or waiver with conditions objectionable to the developer may be appealed to the board of supervisors as an appeal of a denial of the plat, as provided in section I4-226 of the Code, orthe site plan, as provided in sections 32.4.2.7 or 32.4.3.9, to which the modification or waive~ ~pe~pli~: A omodificat!o.n or waiver considered by the commission in conjunction with an ~on ~or a special use permi~ shall be subject to review by the board of supervisors. 2. In considering a modification or waiver, the board may grant or deny the modification or waiver based upon the findings set forth in subsection (B), amend any condition imposed by the commission, and impose any conditions it deems neee~ for the reasons set forth in subsection (C). (12-10-80; 11-15-89; Ord. 00-18(4), 5-9-01) Sec. 4.10.3.1 Exceptions-excluded from application. The structures identified below shall be subject to height limitations as follows: A. The height limitations of this chapter not apply to barns, silos, farm buildings, agricultural museums designed to appear as traditional farm buildings, residemial chimneys, spires, flag poles, monuments or transmission towers and cables, smokestacks, water tanks, and radio and television antennas and towers. B. Any slxucture idemified in subsection (A), other than one now or h~r located on an existing public utility easement, shall not: (1) be located closer in distance to any lot tine 2 than the height of the structure; and (2) within a residential district, exceed one hundred (100) feet in height. C. The commission may modify or waive either requirement of subsection (B) in an individual case if it determines that the public health, safety or welfare would be equally or better served by the modification or waiver, In granting such modification or waiver, the commission may impose such conditions as it deems necessary to protect the public health, safety or welfare. D. The board of supervisors shall consider a modification or waiver of this subsection only as follows: I. The denial ora modification or waiver, or the approval of a modification or waiver with conditions objectionable to the developer may be appealed to the 'board of supervisors as an appeal ora denial of the plat, as provided in section 14-226 of the Code, or the site plan, as provided in sections 32.4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A modification or waiver considered by the commission in conjunction with an application for a special use permit shall be subject to review by the board of supervisors. 2. In considering a modification or waiver, the board may grantor deny the modification or waiver based upon the finding set forth in subsection (C), amend any condition imposed by the commission, and impose any conditions it deems necessary for the reasons set forth in subsection (C). (12-10-80; t2-20-89; Ord. 00-18(4), 5-9-01) See. 4.12.7 Required off-street loading space. Off-street loading space shall be provided as follows: A. All off-street loading space shall be provided on the same lot with the use to which it is appurtenant. B. Off-street loading space shall be provided in addition to and exclusive of the parking requirement on the basis ot5. t. One (1) space for each eight thousand (8,000) square feet of retail gross leasable area. area. One (1) space for each eight thousand (8,000) square feet of office space. One (1) space for each ten thousand (I0,000) square feet of industrial floor site plan. Additional loading spaces may be required based upon commission review of the D. Such off-street loading space shall be a minimum of twelve (12) feet in width, fourteen and one-half (14 1/2) feet in clearance height and a depth sufficient to accommodate the largest delivery trucks serving the establishment, but in no case shall such length be less than twenty-five (25) feet. E. Ail loading and unloading berths shall be surfaced v~Sth a bituminous or other dust free surface, and shall be designed so that no part of any vehicle shall extend over any property lhae, right-of-way line, sidewalk, driveway or aisle space. F. The requiremems ofsection 4.12.7 may be modified or waived in an individual case if the commission finds that the public health, safety or welfare would be equally or better served by such modification or waiver; that such modification or waiver would not be a departure from sound engineering and design practice; and that such modification-or waiver would not otherwise be contrary to the purpose and intent of this chapter. In granting such modification or waiver, the commission may impose such conditions as it deems necessary to protect the public health, safety or welfare. G. The board ofsupervisom shall consider a modification or waiver ofthis subsection only as follows: 1. The denial of a modification or waiver, or the approval of a modification or waiver with conditions objectionable to the developer may be appeale~ to the board of supervisors as an appeal of a denial of the plat, as provided in section I4-226 of the Code, or the site plan, as provided in sections 32.4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A modification or waiver considered by the commission in conjtmction w/th an application for a special use permit shall be subject to review by the board ofsupervisors. 2. In considering a modification or waiver, the board may gram or deny the modification or waiver based upon the finding set forth in subsection (F), amend any condition imposed by the commission, and impose any conditions it deems necessary for the reasons set forth in subsection (F). (12-10-80; Ord. 00.-18(4), 5-9-01) Sec~ 4.17.5 Modification or waiver. Any standard of section 4.17.4 may be modified or waived in an individual case, as provided herein: A. The commission may modify or waive any standard set forth in section 4.17.4 in an individual ease, and the commi~ion may 'impose conditions on such a modification or waiver which it deems appropriate to further the purposes of these outdoor lighting regulations, in either of the following circumstances: I. Upon finding that strict application of the standard would not forward the 4 purposes of this chapter or otherwise serve the public health, safety or welfare, or that alternatives proposed by the owner would satisfy the purposes of these outdoor lighting regublions at least to an equivalent degree. 2. Upon finding that an outdoor luminaire, or system of outdoor Iuminaires, required for a baseball, softball, football or soccer field cannot reasonably comply with the standard and provide sufficient illumination of the field for its safe use, as determined by recommended practices adopted by the Illuminating Engineering Society of No~ America for that type of field and activity or other evidence if a recommended practice is not applicable. B. Prior to considering a request to modify or waive, five (5) days' written notice shall be provided to the owner, owner's agent or occupant of each abtating lot or parcel and each parcel immediately across the street or road from the lot or parcel which is the subject of the request The written notice shall identify the nature of the request and the date and time the commission wilt consider the request. C. The board of supervisors shall consider a modification or waiver of this section only as follows: 1. The denial of a modification or waiver, or the approval ora modification or waiver with conditions objectiomble to the developer may be appealed to the board of supervisors as an appeal ora denial of the plat, as provided in section 14-226 of the Code, or the site plan, as provided in sections 32.4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A modification or win'vet considered by the commission in conjunction with an application for a special use permit shall be subject to review by the board of supervisom 2. In considering a modification or waiver, the board may grant or deny the modification or waiver based upon the finding set forth in subsection (A), amend any condition imposed by the commission, and impose any conditions it deems nece&sary for the reasons set forth in subsection (A). Otherwise, neither the gram nor denial of a modification or waiver may be appealed to the board. (Ord. 98-18(t), 8-12-98; Ord. 00-18(4), 5-9-01) See. 4.18.07 Modification or waiver. Any standard of section 4.18.04 may be modified or waived in an individual case, as A. The commission may modify or waive the standard set forth in.section 4.18.04 in a particular case upon finding that strict application of the standard would cause undue hardship and not forward the purposes of this chapter or otherwise serve the public health, safety or welfare, or that altx'matives proposed by the owner would satisfy the proposes oft.~ section 4.18 at least to an equivalent degree. B. The commission may impose conditions on'the modification or waiver that it deems appropriate to further the purposes of this chapter. C. Prior to considering a request to modify or waive, five ( ) days written notice shall be prodded to the owner, o ' - wrier s agent or occupant of each abmthg lot or parcel and each parcel immediately across the street or mad from the lot or parcel which is the subject of the request. The written notice shall identify the nature of the request and the date anti time the commission wilt consider the request. D. The board of supervisors shall consider a modification or waiver of any standard of section 4.18.04 only as follows: 1. The denial of a modification or waiver, or the approval of a modification or waiver with conditions objectionable to the developer may be appealed to the board of supervisors as an appeal of a denial o fthe plat, as provided in section 14-226 of the Code, or the site plan, as provided in sections 32.4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A modification or waiver considered by the commission in conjunction wSth an application for a special use permit shall be subject to review by ~ board of supervisors. 2. In considering a modification or waiver, the board may grant or deny the modification or waiver based upon the finding set forth in subsection (A), amend any condition isnposed by the commission, and impose any conditions it deems necessary for ~ reasons set forth in subsection (B). (Ord. 00-18(3); Ord. 00-I 8(4), 5-9-0t) State law reference - Va. Code ~ 15.2-2280. Sec. 5.1 Supplementary regulations. The following supplementary regulations apply to referenced uses in all districts whether or not such uses .are permitted by right or by special use permit. These supplementary regulations are in addition to all other requirements of this chapter, the Code~ and alt other apptimble taws. Any requirement of section 5.0 may he modified or waived in an individual case, as provided herein: /L The commission may modify or waive any such requiremem upon a finding that such requiremem would not forward the purposes of this chapter or otherwise serve the pt~lic health, safety, or welfare; or that a modified regulation would satisfy the purposes of this chapter to at least an equivalent degree as the specified requirement; excerpt that, in no case, shall such action constitute a modification or waiver of any applicable general regulation set forth in .section 4.0 or any district regulation. In granting such modification or waiver, the c~0mmission may impose such conditions as it deems necessary to protect the public health, safety, or welfare. B. The board ofsupervisors shall consider a modification or waiver of any re~ukement of section 5.0 only as follows: 6 1. The denial of a modification or waiver, or the approval o fa modification or waiver with conditions objectionable to the developer may be appealed to the board of supervisors as an appeal of a denial of the plat, as provided in section 14-226 of the C~de, or the site plan, as provided in sections 32.4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A modification or waiver considered by the commission in conjunction with an application for a special use permit shall be subject to review by the board of supervisors. 2. In considering a modification or waiver, the board may grant or deny the modification or waiver based upon the finding set forth in subsection (A), amend any condition imposed by the commission, and impose any conditions it deems necessary for the reasons set forth in subsection (A). (12-t0-80; 9-9-92; Ord. 00-18(4), 5-9-01) Article IV. Procedure Se~ 32~3.10 Modification, waiver or substitution. Any requiremem of section 32.7 may be modified, waived, or substituted, in an individual case, as provided herein: A. The commission may modify, waive or accept substitution for any requiremem of section 32.7 in a particular case upon a finding that requiring such improvemem would not forward the purposes of this chapter or otherwise serve the public health, safety or welfare; or in the case of substitution, that such alternative would satisfy the purposes of this chapter to at least an equivalent degree as the required improvement. B. Whenever, because of unusual size, topography, shape of the property, location of the property- or other unusual conditions, excluding the proprietary interests of the developer, strict application of the requirements of section 32.7 would result in significant degradation of the site or adjacent properties, the requirement may be modified or waived by the commission; provided that such modification or waiver shall not be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound engineering practices, or to adjacem C. Upon finding in any case that by substituting technique, design or materials of comparable quality, but differing from those required by section 32.7, a developer would achieve results which substantially satisfy the overall purposes of this chapter in a manner equal to or exceeding the desired effects of the requirement in section 32.7, the commission may approve such substitmion oftechnique, design or materials. D. A developer requesting a modification, waiver or substitution pursuam to t~his section shall file with the agent a written request which shah state masons and justifications for tach request together with such alternatives as may be proposed by the developer. SuCh request shall be submitted prior to commi~ion consideration of the preliminary or final plan, but no later than the site review committee revision deadline. No such request shall be considered by the 7 commission until the commission has considered the recommendation of the agem. The agent may recommend approval, approval with conditions or denial. A recommendation of approval or conditional approval shall be accompanied by a statemem from the agent as to the public propose served by such recommendation, partieu~ly in regard to the purpose and ~ ofthis chapter, the subdivision ordinance, and the comprehensive plan. E. In granting such modification, waiver or substitution, the commission may impose such condilions as it deems necessary to protect the public health, safety or welfare. - F. The board of supervisors shall consider a modification, waiver or substitution of any requirement of section 32.7 only as follows: 1. The denial ora modification, waiver or substitution, or the grant of such applieation with conditions objectionable to the developer, may be appealed to the board of supervisors as an appeal of a denial of such site plan, as provided in sections 32.4.2.7 or 32.4.3.9, as applicable. 2. In considering a modification, waiver or substitution, the board may either grant or deny the modification, waiver or s~n based upon the findings set forth in subsection (A), (B) or (C), as applicable, and may impose any conditions it deems necessary for the reasons set forth in subsection (E). (5-t-g7, § 32.3~ 11.4; Ord. 00-18(4), 5-9-01) I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an O. rdinance duly adopted by the Board of Supervisors of Albemarle County, V/rginia, by a vote of S~ to zero, as recorded ~low, at a regular rc~eting held on ~. Clerk, B~ of ¢/}tmty sUpervis~t~/ Aye Nay Mr. Bowerman -Y L Mr. Dorrier y Mr. Perkins y COUNTY OF ALBEMARLE Department of Planning & Community Development Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 MEMORANDUM TO: FROM: DATE: RE: Robert W. Tucker, Jr., County Attorney V. Wayne Cilimberg, Director of Planning & Community Development May 3, 2001 ZTA-2001-10 Appeal of Waivers, Modifications or Variation The Albemarle County Planning Commission, at its meeting on April 24, 2001, unanimously recommended approval of the above-noted zoning text amendment. Attached please find a staff report, which outlines this amendment. The Board of Supervisors is scheduled to review this at their May 9, 2001 meeting. If you have any questions, please do not hesitate to contact me. VWC/jcf ATTACHMENT COUNTY OF ALBEMARLE EXECUTIVE SUMMARY ZTA-20~)0-10 Appeal of Modifications and Waivers I ~;sion. ApHI 10, 2001 e,,m ,~,--,-, ..... - i.. ....... Board of Supervisors - May 9, 2001 Ordinance to amend Chapter 18, Zoning of The Albemarle ACTION: Yes INFORMATION: County Code, Sections 4.2.5 Modification of regulations; Section 4.10.3.1 Exceptions---excluded from application; Section 4.12.7 Required off-street loading space; Section CONSENT AGENDA: 4.17.5 Modification, waiver or variation; Section 4.18.07 ACTION: IN FORMATION: Modification, waiver or variation; Section 5.1 Supplementary regulations; and Section 32.3.10 Waiver, variation or substitution. The amendments are regarding appeal of ATTACHMENTS: Yes waivers, modifications or variances by the Planning Commission to the Board of Supervisors and regarding waiver standards in SectiOn 4.2.5 Modification of Regulations. ..STAFF CONTACT(S): BACKGROUND_: On November 23, 1999 the Planning Commission passed a resolution of intent to amend Sections 4.0 and 5.0 of the Zoning Ordinance regarding regulations waived, modified or varied by the Planning Commission so that the procedure to appeal such decisions to the Board of Supervisors is uniform. (Attachment Al The zoning text amen dment team developed recommended amendments to relevant sections of the Zoning Ordinance to achieve this intent. An updated /"""'~.solution of intent was also developed that included reference to Section 32.0 of the Zoning Ordinance which also ~qu~res amendment. (Attachment B) On January 23, 2001 the Planning Commission held a public hearing on the original zoning text amendment (Attachment C) and received no public comment. In discussion of the original amendment, "Mr. Rocker pointed out that the waiver provision for critical slopes was different from all of the other waiver provisions. The other waiver provisions were based entirely upon a determination by the commission of whether granting the waiver would be in the public interest and would promote the health, safety and welfare of the community. The critical slopes waiver contains that language, but it also contains language saying a waiver can be granted for other reasons having to do with engineering considerations. This either/or standard has created a lot of problems. He suggested that that the engineering part of the waiver for critical slopes be eliminated so that the standards for granting that waiver would be the same as it was for other waivers. Mr. Kamptner pointed out that Mr. Rooker's concern is getting into the critical slopes waiver zoning text amendment which is actually being worked on'and is beyond the scope of this particular resolution of intent which deals with the appeal procedure and not the review of the waiver itself. He noted that the Commission could adopt a resolution of intent to Standardize the Planning Commission review of waiver requests by amending" Section 4.2.5.2(a). (January 23, 2001 Planning Commission minutes) The Planning Commission voted to defer action on the original zoning text amendment until Section 4.2.5.2(a) could be revised to incorporate the change to the waiver criteria described above, and the revised zoning text amend ment (Attachment D) could be re-advertised and returned to the Commission for public hearing. DISCUSSION.: The Plan ning Commission is delegated the authority to consider certain waivers and modifications, such as those pertaining to critical slopes and the supplementary regulations in section 5.0. These requests are submitted in conjunction with applications for subdivision plats, site plans and special use permits. Staff determined that the procedure for appealing waivers and modifications to the Board of Supervisors was unclear and not uniform. The purpose of this zoning text amendment originally was to establish a uniform procedure for appealing waivers and modifications to the Board. ' The originally proposed zoning text amendment (Attachment C) would allow two types of decisions to be appealed by the ~'~plicant: (1) denials of the waiver or modification; and (2) approvals of the waiver or modification with conditions -,bjectionable to the applicant. If the decision were to be considered as part of a subdivision plat or a site plan, the appeal would be governed by the procedure that applies to appeals of subdivision plats or site plans. If the decision were to be considered in conjunction with a special use permit, the appeal would be au tomatic- the Board would consider th e waiver or modification as part of its review of the special use permit. On appeal, the Board would have the power to grant or deny the waiver or modification, and to amend or impose appropriate conditions. As to the proposed change to the waiver criteria in Section 4.2.5.2(a), staff has found that language similar to that proposed to be removed ("or that alternatives proposed by the developer would satisfy the purposes of Section 4.2 to at least an equivalent degree") exists in Sections 4.17.5 (outdoor lighting), 4.18.07 (noise), 5.1 (supplementary regulations) and 32.3.10 (site plan admin stration) which are other sections subject to the original zoning text amendment. Staff believes that removal of the language in Section 4.2.5.2(a) is substantive as to provisions for commission consideration of the waiver itself rather than procedural as to appeals to the Board of Supervisors as intended by the original zoning text amendment. Staff is of the opinion that such substantive changes would be best addressed within the context of the particular considerations for wholesale amendment to Section 4.2 Critical Slopes for which the commission has passed a resolution of intent and which is under staff review for recommendation to the commission and Board of Supervisors. RECOMMENDATION,: Approval of ZTA-2000-10 as originally proposed in Attachment C. Furthermore, defer action on removal of language in Section 4.2.5.2(a) to be considered with other amendments to Section 4.2 Critical Slopes. 0'1. 101 2 ATTACHMENT A RESOLUTION OF INTENT WHEREAS, Section 4.0, General Regulations, of the Zoning Ordinance establishes regulations applicable to all uses and structures, and Section 5.0, Supplementary Regulations, of the Zoning Ordinance establishes supplementary regulations applicable to certain uses and structures; and WHEREAS, in certain circumstances both Sections 4.0 and 5.0 allow the applicable regulations to be waived, modified or varied by the Planning Commission, and it is desired to amend both Sections 4.0 and 5.0 so that the procedure to appeal such decisions to the Board of Supervisors is uniform. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Planning Commission hereby adopts a resolution of intent to amend Sections 4.0 and 5.0 of the Zoning Ordinance as described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public hearing on this resolution of intent, and make its recommendations to the Board of Supervisors at the earliest possible date. 3 ATTACHMENT B RESOLUTION OF INTENT WHEREAS, Section 4.0, General Regulations, of the Zoning Ordinance establishes regulations applicable to all uses and structures, Section 5.0, Supplementary Regulations, of the Zoning Ordinance establishes supplementary regulations applicable to certain uses and structures, and Section 32.0, Site.Plan, establishes the procedures and requirements for site plans; and WItEREAS, in certain circumstances Sections 4.0, 5.0 and 32.0 allow the applicable regulations to be waived, modified, varied or substituted by the Planning Commission, and it is desired to amend Sections 4.0, 5.0 and 32.0 so that the procedure to appeal such decisions to the Board of Supervisors is uniform. NOW, THEREFORE, BE IT RESOLVED TltAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Planning Commission hereby adopts a resolution of intent to amend Sections 4.0, 5.0 and 32.0 of the Zoning Ordinance as described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public hearing on this resolution of intent, and make its recommendations to the Board of Supervisors at the earliest possible date. 4 ATTACHMENTC Draft: 12/12/00 ORDINANCE NO. 01-18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, AND ARTICLE IV, PROCEDURE, 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 IV, Procedure, are hereby amended and reordained as follows: By Amending: Sec. 4.2.5 Sec. 4.10.3.1 Sec. 4.12.7 Sec. 4.17.5 Sec. 4.18.07 Sec. 5.1 Sec. 32.3.10 Modification of regulations. Exceptions- excluded from application. Required off-street loading space. Modification, waiver or variation. Modification, waiver or variation. Supplementary regulations. Waiver; variation; or substitution. Chapter 18. Zoning Article II. Basic Regulations Sec. 4.2.5 Modification or waiver: .............. ~, ........ ~ .... , w,,c¢c, urc: an~ 5n~ngs Any reaun'ement of section a ? rna,r h~ .modified or wmved ~n an mdimdual case, as provided herein: A AOX' · . ._.. ...... ^ request in accordance with section 22.,,. 1 !.4 ~2.3.10.4 of this e:~~aoter and shall in such request address each concern set forth in scot--No such modification ~r waiver shall be granted until the ' · . . comm_~ss~on shall have considered the recommendation of the a ent. The agent in formulating such recommendation may consult with the county engineer, Virginia Department of Health, water resources manager and other appropriate officials. The county engineer shall evaluate the potential for soil erosion, sedimentation and water pollution in accord with current provisions of the Virginia Department of Transportation Drainage Manual, the Commonwealth of Virginia Erosion and Sediment Control Handbook and Virginia State Water Control Board best management practices, and where applicable, Chapter 17, Thc Water Protection ©r~inanc, o, ~-~ cfA!bcmarlo of the Code. '~"'~'~ B._..2 ~4o~ · · . . ....... 2 The comrmss~on may modify,~,~aiv~o~-~a~ or waive any requirement of section 4.2 in a particular case upon finding that: 1 5 ATTACHMENT C Draft: 12/12/00 la. Strict application of the requirements of section 4.2 would not forward the purposes ofthi~~ chapter or otherwise serve the public ~ health, safety or welfare, or that alternatives proposed by the develOper would satisfy the purposes of section 4.2 to at least an equivalent degree; or 21~. Due to its unusual size, topography, shape of the property, location of the property or other unusual conditions~ excluding the proprietary interest of the developer, the requirements of section 4.2 would ei':fectively prohibit or unreasonably restrict the use of the property or would result in significant degradation of the site or adjacent properties. Such · ,,. , an ....e or waiver shall not be detrimental to the public iater-~ health, modification, wrav:r ~- v~ safet~ or welfare_, to the orderly development of the area, or to adjacent properties, or to sold engineering practice_s; or wa:vet er vanmnc. or waiver would serve a 3e. Granting such modification, ' ' public purpose~f greater import than would be served by strict application of section 4.2. C. ~ In granting such modification or waiver, the commission may impose such conditio~ as it deems necessary to protect the public ~ health, safety or welfare and to insure that such development will be consistent with the intent of section 4.2. D._ The board of supervisors shall consider a modification or waiver of any requirem"~nt of section 4.2 only as follows:. 1. The denial of a modification or waiver, or the approval of a modification or waiver with ~onditions objectionable to the developer may be appealed to the board of supervisors as an appeal of a denial of the plat, as provided in section 14-226 of the Codc, or the.. site plan, as provided in sections 32~4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A modification or waiver considered by the commission in conjunction with an application for a special use permit shall be subject to review by the board of supervisors. 2. In considering a modification or waiver, the board may grant or deny the modification o~waiver based upon the findings set forth in subsection (B), amend any condition imposed bythe commission, and impose any conditions it deems necessary, for. the reasons set forth in subsection (C). (12-10-80; 11-15-89; Ord. 00-18( )) Sec. 4.10.3.1 Exceptions - excluded from application. 6 Draft: 12/12/00 ~e s~c~es identified below shall be sub'ect to hei ht limitations ~ follows: A~ ~e ~ei ht limitatio~ of ~s cha ter not ~ 1 to b~s silos f~build~ s g~cul~al museum~ desired to appe~ ~ ~aditional f~m buildings, residential chimneys spies, fla~ poles, monuments or ~ansmission towns ~d cables, smokestacks, water tanka~ ~radio ~d television ~te~m~ ~d towers. B._:. ,.Any structure identified in subsection (A), other th,n one now or hereafter located on an existing public utility easement, shall not: (1) be located closer in distance to any lot lira: than the height of the structure; and (2) w/thin a residential district, exceed one hundred (100) C._: ...The commission may modify or waive either requirement of subsection (B) in an individual case if it dete~,n ines that'the pubiic health, safety or well,re would be equally or betteJ ~erved by the modification or waiver. In granting such modification or waiver, the commission may ~mpose such conditions as it deems necessary to protect the public health, safety or welfare D._~. The board of su ervisors shall consider a modification or waiver of this _subsection only as follows- 1. The denial of a modification or waiver or the a roval of. a modification ...or waiver with conditions obiectionable to the developer may be appealed to the board o I' sur~ervisors as an appeal of a denial of the plat, as provided in section 14-226 of the Code, or thc: site plan, as provide~l'in sections 32.4.2.7 or 32.4.3.9, to which the modification or waive, pertains. A modification or waiver considered by the commission in coniunction with a,, application for a special use pemfit shall be subject to review by the board of supervisors. 2. In considering a modification or waiver, the board may grant or deny tht: modification or waiver based upon the findine set forth in subsection (C), mend any conditio, imposed by the commission, and impose any conditions it deems necessary for the reasons set ~'o~th in subsection (C). ' ' (12-10-80; 12~20-89; Ord. 00-18( )) Sec. 4.12.7 Required off-street loading space. .Off-street loadin~ space shall be provided as follows: A__: 4.12.7.1All off-street loading space shall be provided on the same lot with the use to which it is appurtenant. B. 4. ! 2.7.2Off-street loading space shall be provided in addition to and exclusive of the parking requirement on the basis of: 3 7 ATTACHMENT C Draft: 12/12/00 leasable area. space. sd)ne (1) space for each eight thousand (8,000) square feet of retail gross l~ne (1) space for each eight thousand (8,000) square feet of office edDne (1) space for each ten thousand (10,000) square feet of industrial floor area. _~_ ~ '~ ' ' al C. 4.1 ..... Addition loading spaces may be required based upon commission rewew of the s~te do ....i~ ...... plan. D. 4d-3-.g~Such off-street loading space shall be a minimum of twelve (12) feet in width, fo~urteen and one-half (14 1/2) feet in clearance height and a depth sufficient to accommodate the largest delivery tracks serving the establishment, but in no case shall such length be less than twenty-five (25) feet. E. 4.12.7.5AI1 loading and unloading berths shall be surfaced with a bituminous or other d~st free surface, and shall be designed so that no part of any vehicle shall extend over any property line, right-of-way line, sidewalk, driveway or aisle space. F. 4.12.7.tiThe requirements of section 4.1 ~.7 may be modified an&~or waived in such-eases an individual case ........................................... ~ .................. safcO/if the commission finds that the public health, safe~ or welfare would be equally or better served by such modification an&~or waiver; that such modification c,n~'or waiver would not be a departure from sound engineering and design practice; and that such modification :,n&~or waiver would not otherwise be contrary to the purpose and intent of this ar'~,Anance chapter. ~ such modification or waiver, the commission may impose such conditions as it deems necessary. to protect the public health, safe .ty or welfare: G__~. The board of su ervisors shall consider _a modifi_cafion or waiver of this subsection only as follows: 1. The denial of a modification or waiver, or the approval of a modification or waiver with conditions objectionable to the developer may be appealed to the board of supervisors as an appeal of a denial of the plat, as provided in section 14-226 of the Code, or the site plan~ as provided in sections 32.4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A modification or waiver considered'by the commission in coniunction with an application for a special use permit shall b.e subject to review by the board of supervisors, 2. In considering a modification or waiver, the board may grant or deny the modification or waiver based upon the finding set forth in subsection (F), amend any condition imposed by the commission, and impose any conditions it deems necessary, for the reasons set forth in subsection (F). (12-10-80; Ord. 00-18 ()) ATT'~CHMENT C Sec. 4.17.5 Modification, .... ' .... ........... or waiver.. e ........ j ............... a, _~_ u~ mo~z~o ~ed m ~ ~vmum case ~ promoeo aere~: Draft: 12/12/00 A._~. a=.The commission may modify, waivc cz va:7 *.hz or waive an:- standard set forth . in section 4.17.4 in an in 'vidual case and the commission ma im ose conditions on such a modification, .,_'- - -: :' ' or waiver which it deems appropriate to further the purposes of these outdoor lighting regulations, in eithe'---'-'-~ of the following circumstances: 1. Upon finding that strict application of the standard would not forward the purposes of this chapter or otherwise serve the public Lntcrc,~t health, safety or welfare, or that alternatives proposed by the owner would satisfy the purposes of these outdoor lighting regulations at least to an equivalent degree. 2. Upon finding that an outdoor luminaire, or system of outdoor luminaires, required for a baseball, softball, football or soccer field cannot reasonably comply with the standard and provide sufficient illumination of the field for its safe use, as determined by recommended practices adopted by the Illuminating Engineering SoCiety of North America for that type of field and activity or other evidence if a recommended practice is not applicable. B_~. l~.Prior to considering a request to modify,--w~iw-~-va~:y-or waive_ five (5) days' written notice shall be provided to the owner, owner's agent or occupant of each abutting lot or parcel and each parcel immediately across the street or road from the lot or parcel which is the subject of the request. The written notice shall identify the nature of the request and the date and time the commission will consider the request. C.~. The board of su ervisors shall consider a modification or waiver of this: section pnly as follows: 1. The denial of a modification or waiver, or the approval of a modification or waiver with 'conditions obiectionable to the developer may be appealed to the board o [' supervisors as an appeal of a'denial of the plat, as provided i'n section 14-226 of the Code, or thc .site plan, as provided in sections 32.4.2.7 or 32.4.3.9, to which the modification or waive, pertains. A modification or waiver considered by the commission in coniunction with an application for a special use pen;fit shall be subject to review by the board of supervisors. modification or waiver based upon the finding set forth in subsection (A), amend any conditi~, imposed by the commission, and hnpose any ~onditions it deems-necessary for the r~asons set. forth in subsection (A). Otherwise, neither ~he grant nor denial of a modification or waiver may be appealed to the board (Ord. 98-18(1), 8-12-98; Ord. 00-18 ()) 9 ATTACHMENT C Draft: 12/12/00 :~'a ............ ,,,~ or waiver Sec. 4.18.07 Modification, ' : c^~.; .... ,~ ~ ~ o ~ Any standard of section 4.18.04 may be modified or waived in an individual case, as provided herein: A. The commission may modify, waJ¥c er yarD' or waive the standard set forth in section 4.18.04 in a particular case upon finding that strict application of the standard would cause undue hardship and not forward the purposes of this chapter or otherwise serve the public ~ health, safety, or welfare, or that alternatives proposed by the owner would satisfy the purposes of this section 4. ! 8 at least to an equivalent degree. B. The commission may impose conditions on the modification, wa/ye: c: or wai?er, that it deems appropriate to further the purposes of this chapter. C. Prior to considering a request to modify, w-~.vc c,: va:T or waive, five (5) days' written notice shall be provided to the owner, owner's agent or occupant of each abutting lot or parcel and each parcel immediately across the street or road from the lot or parcel which is the subject of the request. The written notice shall identify the nature of the request and the date and time the commission will consider the request. D. The board of supervisors shall consider a modification or waiver of any standard of secti~nn 4.18.04 only as follows: 1. The denial of a modification or waiver or the a roval of a modification or waiver with conditions objectionable to the developer may be appealed to the board of supervisors as an appeal of a denial of the plat, as provided in section 14-226 of the Code, or the site plan, as provided in sections 32.4.2.7 or 32.4.3.9, to which the modification or waiver pelnains. A modification or Waiver considered by the co.,mission in conjunction with an application for a special use permit shall be subject to review by the board of supervisors, 2. In considering a modification or waiver, the board may grant or deny the modification or waiver based upon the finding set forth in subsectiOn (A), ~mend any condition, imposed by the commission, and hnpose any conditions it deems necessar~ for the reasons set forth in subsection (B). (Ord. 00-18(3); Ord. 00-18()) State law reference - Va. Code § 15.2-2280. Sec: 5.1 Supplementary regulations. The following supplementary regulations apply to referenced uses in all districts whether or not such uses are permitted by right or by special use permit. These.. gapptemqata~ supplementary regulations are in addition to all other requirements of this cr~.2n~nce chapter, the Code og4~/m~-te, and all other applicable law_s_. Any requirement of section 5.0 may be modified or waived in an individual case, as provided herein: 6 10 ATTACHMENT C ~:, ;~ Draft: 12/12/00 re"uire~ent ,,,. ~T~h~e+ .co, ~mr~ s. sion may i~ia~.,cr, va:5' cr mc,~ify .modi .fy or waive any such ,i ...... :c,n c.,, :n a p&-ucumr ca~u upon a finding that such requirement would not forward the purposes ofthi~ --~-~: .....chapter or otherwise serve the public ......... _sa.feW, or welfare; or that va:Sc~ cr mc~Scd a mod:~---' ..... ' ...... .health, - -- ,,,~,m,~u r~gmauon woum sausty the purposes of this or-dimmee ~ to at least an equivalent degree as the specified requirement; except that, m no case, shall such action constitute a .... : ....... ~,:~ ............... modification or waiver of any applicable general re~t forth in section 4.0 or an-_; district regulation. ~ modificatio_n or waiver the commission ma im ose such conditions as it deems necess to ~ health safe - or welfare. B__: The board of su ervisors shall consider a modification or waiver of an reauirement of section 5.0 only _ . . as follows' or waiv. er with conditions ob;ectionable to the develo er ma be a ealed to the board of site lan as :rovided 'm sections 32.4.2.7 ~ pertains. A modification or waiver considered bv the commission in coniunction with a, apr~lication for a special use p~, mit shall be subject to' review bv the board of supervisors. 2. In considering a modification or waiver, the board may re'ant or deny thc, ?odific,a!i0n.,or waive.r b~sed up.o.n the finding set forth in subsection (A), an~e~td any cond'itio,., mposea t)¥ the commms~on, ana impose any conditions it deems necessary for the r~asons set ~'o~th in subsection (A). (12-10-80; 9-9-92; Ord. 00-18(' )) Article IV. Procedure Sec. 32.3.10 ....... , ........ , o . Modification, waiver or substitufion~ Any requirement of section 32.7 may be modified waived, Ya:5¢d or substituted., in an individual case. as fc!lcw~ provided herein: '" A._.~. 22.2.19. I The commission may modify, waivex-viu~ or accept substitution for any requirement of section 32.7, minimmm ~*-,~.~,~ c~ :~ ......... ,~ ............... t-. ........ .~, in a particular case upon a finding that _~t~s~ment--e-f~ such improvement would not forward the purposes of this chapter or otherwise serve the public intcrc:t health, safety or welfare; or in the case of substitution, that such alternative would satisfy the purposes of this chapter to at least an equivalent degree as the required improvement. = B. -~,3 -~ ~ .- ........Whenever, because of unusual size, topography, shape of the property, location of the property or other unusual conditions, excluding the proprietary interests of the developer, st/-ict application of the requirements of section 32.7 would result in significant degradation of the site or adjacent properties, the requirement may be va~cd modified or waived ATTACHMENT C Draft: 12/12/00 by the commission; provided that such ~ modification or waiver shall not be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound engineering practices, or to adjacent properties. _ ~ ........ Upon finding in any case that by ~ substitutin.g technique, C, "~0 '2 I/'~ ~ ' design ~"materialS of comparable quality, but differing from those required by section 32.7, a developer would achieve results which substantially satisfy the overall purposes of this chapter in a manner equal to or exceeding the desired effects of the requirement in section 32.7, the commission may approve such substitution of technique, design or materials. · · · r~~ ~+*~ ~ D. 32.2.19.4 A developer requesting _a modification wmver, ,; ........ or substitution pursuant~o this section shall file with the agent a written request which shall state reasons and justifications for such request together with such alternatives as may be proposed by the developer· Such request shall be submitted prior to commission consideration of the preliminary or final plan, but no later than the site'review committee revision deadline. No such request shall be considered by the commission until the commission has considered the recommendation of the agent. The agent may recommend approval, approval with conditions or denial. A recommendation of approval or conditional approval shall be accompanied by a statement from the agent as to the public purpose served by such recommendation, particularly in regard to the purpose and intent of this chapter, the subdivision ordinance, and the comprehensive plan. E. In granting such modification, waiver or substitution, the commission may impose such con'---~tions as it :deems necessary to protect the public health, safety or welfare.. The board of su ervisors shall consider a modification waiver or substitution of any requ'-~ement of section 32.7 only as follows: 1. The denial of a modification waiver or substitution or the ant of such application with----conditions obiectionable to the developer, may be appealed to the board of supervisors as an appeal of a denial of such site plan, as provided in sections 32.4.2.7 or 32.4.3.9., 2. In considerm a modification waiver or substitution the board ma either grant or deny th~ modification, waiver or substitution based upon the findings set forth in. subsection (~), (B) or (Cl. as applicable, and may impose any conditions it deems neces,:ary for the reasons set forth in subsection (E). (5-1-87, § 32.3.11.4; Ord. 00-18()) ATTAGHMENT C Draft: 12/12/00 I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted bythe Board of Supervisors of Albemarle County, Virginia, by a vote of .. to. , as recorded below, at a regular meeting held on Mr. Bowerman Mr. Dorrier Ms. Humphris Mr. Martin Mr. Perkins Ms. Thomas Aye Nay Clerk, Board of County Supervisors Draft: 03/05/01 ATTACHMENT D ORDINANCE NO. 01-18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, .a3qD ARTICLE IV, PROCEDURE, 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 IV, Procedure, are hereby amended and reordained as follows: By Amending: Sec. 4.2.5 Sec. 4.10.3.1 Sec. 4.12.7 Sec. 4.17.5 Sec. 4.18.07 Sec. 5.1 Sec. 32.3.10 Modification of regulations. Exceptions - excluded from application. Required off-street loading space. Modification, waiver or variation. Modification, waiver or variation. Supplementary regulations. Waiver; variation; or substitution. Chapter 18. zoning Article H. Basic Regulations Sec. 4.2.5 Modification or waiver r~, .... :_ ~ ~:~;+.+; ........ ~ ....... ~ ~;~-~ ~V requirement of section 4.2 may be mottled or waived in ~ individual case, as provided hereia: A. 4.2.5. ! A developer requestin~ such modification or waiver shall file a written , request m accordance with section 32.3. I 1.4 32.3.10.4 of this ~; ..... chapter and shall in such request address each concern set forth in section 4.2. No such modification or waiver, shall be granted untd the ......................... agent shall have commission shall have considered the recommendation of the a em. The agent in formulating such recommendation may consult with the county engineer, Virginia Department of Health, water resources manager and other appropriate officials. The county engineer shall evaluate the potential for soil erosion, sedimentation and water pollution in accord with current provisions of the Virginia Department of Transportation Drainage Manual, the Commonwealth of Virginia Erosion and Sediment Control Handbook and Virginia State Water Control Board best management practices, and where applicable, Chapter 17, The Water Protection ~, C-ode ~ofthe Cod. 14 Draft: 03/05/01 ATTACHMENT D B~. ~ The commission may modify~ or waive any requirement of section 4.2 in a particular case upon finding that: ..... " l__a. Strict application of the requirements of section 4.2 would not forward the pur?oses_: of this er-di~mee ~ or otherwise serve the public intcrcc, t health, safety or welfar~ 2__~. Due to its unusual size, topography, shape of the property, location of the property or other unusual conditions~ excluding the proprietary interest of the developer,, the reqmrements of section 4.2 would e[fectively prohibit or unreasonably restrict the use of the property or would result in significant degradation of the site or adjacent properties. Such modification, waiver or -~--': ' · ~.,a~c~ or wmver shall not be detrimental to the public intcrcat heal*h safetY or welfare, to the ' - '~, orderly development of the area, or to adjacent properties, or ~ to sound engineering practice=s; or 3e. Granting such modification, waivcr or vafiancc or waiver would serve a public purpose~fgreater imPort than would be served by strict applica~ction 4.2. C.,_:. A'~ - . . condition--s as it ...... 3 In granting such modification ~, the commission may impose such · deems necessary to protect the public~l~ealth, safety or welfare a~d to insure that such development will be consistent with the inten~ of section 4.2. D__: The board of su ervisors shall consider a modification or waiver of an requirement of section 4.2 only as follows: 1~ The denial of a modification or waiver or the a roval of a modification or waiver with conditions ob'ectionable to the develo er ma be a ealed to the board of su erv~sors as an a eal of a denial of the lat as rovided in section 14-226 of the Code or the s~te .lan as rovided in sections 32.4.2.7 or 32.4.3.9 to which the modification or waiver pertmns. A modification or waiver considered by the commission in conjunction with a,, application for a special use permit shall be subject to review by the board of supervisors. 2. In considerin a modification or waiver the board ma ant or den the modification o~waiver based u on the findin s set forth in subsection B amend an condition ]m osed b the commission and im ose an conditions it deems necess for the reasons set forth in subsection ~ Ck.__ (12-10-80; 11-15-89; Ord. 01-18( )) Sec. 4.10.3.1 Exceptions - excluded from application. 15 Draft: 03/05/01 ATTACHMENT D The structures identified below shall be sub'ect to hei ht limitations as follows: A. The hei ht limitations of this cha ter not a 1 to barns silos farm buildin s a 'cult~tral museums desi ned to a ear as traditional farm buildin s residential chime s s ires fla oles monuments or transmission towers and cables smokestacks water tanks and radio and television antennas and towers. B. Any structure identified in subsection (A), other than one now or hereafter located on an e~sting put'lie utility easement, shall not: (1)be located closer in distance to any lot line than the height of the structure; and (2) withiu a residential disuict, exceed one hundred (100) feet in height. C. The commission may modi~ or waive either requirement of subsection (B) in ~ individ~_~al case if it determines that the public health, safety or welfare would be equally or better served by the modification or waiver. In granting such modification or waiver, the commission. may impose such conditions as it deems necessary to protect the public health, safe .ty or welfare:. D~ The board of su ervisors shall consider a modification or waiver of this subsection only as follows.:. 1. The denial of a modification or waiver, or the approval of a modification or waiver with conditions objectionable to the developer may be appealed to the board of supervisors as an appeal of a denial of the plat, as provided in section 14-226 of the Cod~:, or the site plan. as provided in sections 32.4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A modification or waiver considered by the commission in conjunction with an application for a special use pu~mit shall be subiect to review by the board of supervisor~. 2. In considering a modification or waiver, the board may grant or deny the modification or waiver based upon the finding set forth in subsection (C), amend any condition imposed by the commission, and impose any conditions it deems necessarg for the reasons set forth in subsection (C). (12-10-80; 12-20-89; Ord. 01-18( )) Sec. 4.12.7 Required off-street loading space. Off-street loading space shall be provided as follows: A__z. 4.12.7. ! All c fi-street loading space shall be prow[ded on the same lot with the use to which it is appurtenant. 16 Draft: 03/05/01 ATTACHMENT D B. 4.12.7.2Off-street loading space shall be provided in addition to and exclusive of the parking requirement on the basis of: 1_. ~One (1) space for each eight thousand (8,000) square feet of retail gross leasable area. -- space. 2--' bOne (1) space for each eight thousand (8,000) square feet of office floor area. ~..One (1) space for each ten thousand (10,000) square feet of industrial C._.:. ,4 1') "7 · · ~ ...... 3Additional loading spaces may be required based upon cormnission review of the site -~ .... ' ....... ,-- D__~. 4.12.7.4Such off-street loading space shall be a minimum of twelve (12) feet in width, fourteen and one-half(14 1/2) feet in clearance height and a depth sufficient to accommodate the largest delivery trucks serving the estabhshment, but in no case shall such length be less than twenty-five (25) feet. E_~_ 4.12.7.5All loading and unloading berths shall be surfaced with a bituminous or other dust free surface, and shall be designed so that no part of any vehicle shall extend over any property line, right-of-way line, sidewalk, driveway or aisle space. 4. ! 2.7.6The requirements of section 4.12.7 may be modified an&/or waived in ......scs _an Individual case --,~-~-~ +~- ..... ;--;^--"]""1] "1 ........ :--- *h .... kl;. ;.+ .... + ---, I safety if the commission finds that the ublic health safet or welfare would be equally or better served by such modification an&/or waiver; that such modification an&/or waiver would not be a departure from sound engineering and design practice; and that such modification an&/or waiver _w__o,uld n_o,[yth~e.rwisebe .contr .ary to the purpose and intent orthis ordiamiee chanter. _~arantin~ SU~er- the commission mav im,,o~.... h /'~/'~--~-~-~4-~' .... ~ 'l . - to ~blic healt safet_.- or welfare. -, ...... ,~,,,,muun~ as ~[ oeems necessa G~__:_ The board of su ervisors shall consider a modification or waiver of this subsection only as follows- 1. The denial of a modification or waiver, or the approval of a modification or waiver with '~onditions ob;ectionable to the develo,,er ma,, be ar'healed to the board of su ervisors/ti an a eal of a denial of the lat as rovided in section 14-226 of the Code or the site lan as rovided in seCtions 32.4.2.7 or 32.4.3.9 to which the modification orwaiver ertains. A modification or waiver considered b the commission in con'unction with an a lication for a s ecial use ermit shall be sub'ect to review b the board ofsu ervisors. 2. In con.siderin a modification or waiver the board ma ant or den the .:mod_ificati=_n or waiver based u on the fi=ndin set forth in subsection amend an. condition ~m osed b the commission and im ose an conditions it deems necessa for the reasons set forth in subsection Fi. 17 Draft: 03/05/01 ATTACHMENT D (12-10-80; Ord. 01-15 ()) Sec. 4.17.5 Modification, wr.".vcr ~r ......... or wmver. gr +~ *"' ~*' ~n/:=:~c- ~ffied or waived in an_ ~,v~.~ ~j ~xx,.~ ,~.~x "~ individual case, as provided herein: · · ' .~: .......... *~ r waive any standard set forth A. ~The comm~ssmn may mod~fy,~ in section 4.17.4 in an indi¼~u~! case, and the commission may impose conditions on such a modification, wm;~r ~,~ va~a~:~°~ or waive which it deems appropriate to further ~l~e purposes o£ these outdoor li~htin~ regulations, in either o£ the £ollowin~ ckcumstances: 1. Upon £mdin~ that strict application of the standard would not £orward the purposes of this chapter or otherwise ser~e the public ~ health~ safe~ or welfare, or that alternatives proposed by the owner would satisfy the purposes of these outdoor li~htin~ regulations at least to an equivalent de~ree. Upon findin~ that an outdoor luminaire, or system of outdoor luminaires, required for a haseball~ so,balL football or soccer field cannot reasonably comply with the standard and provide sufficient illumination of the field for its sa£e use~ as determined by recommended practices adopted by the ~llun'finatin~ £n~ineerin~ Society of North America for that type o£ flew and activity or other evidence if a recommended practice is not applicable. B. ~.?rior to considerin~ a request to modify~ w~;~ ~,~ va~' or waive? five ($) days~ written n~tice shall he provided to the owner~ owner~s a~ent or occupant of each abuttin~ lot or parcel and each parcel immediately across the street or road from the lot or parcel which is the subject of the request. The written notice shall identify the nature of the request and the date and time the commission will consider the request. C__~. The board of so ervisors shall consider a modification or waiver of this section only as follows: 1. The denial of a modification or waiver, or the approval of a modification or waiver with conditions objectionable to the developer may be appealed to the board of supervisors as an appeal of a denial of the plat, as provided in section 14-226 of the Codc~, or the site plan, as provided in sections 32.4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A modification or waiver considered by the commission in conjunction with an application for a special use permit shall be subi~ct to review by the board of supervisors. 2. In considering a modification or waiver, the board may .grant or deny the.. modification or waiver based upon the finding set forth in subsection (A), amend any condition imposed by the commission, and impose any conditions it deems necessary, for the reasons set forth in subsection (A). Otherwise~ neither the grant nor denial of a modification or waiver mat be appealed to the board. 18 Draft: 03/05/01 ATTACHMENT D (Ord. 98-18(1), 8-12-98; Ord. 01-18()) Sec. 4.18.07 Modification, waiver ...... :~:~ . .......... a or waiver... ....................... An standard of section 4.18.04ma be modified or waived in an individual case, as provided herein. A. ~nheac 'Lm~ccuS;;~ff~ modify.~ or waive the standard set forth in section 4.18 04 · P pon finding that strict application of the standard would cause undue hardship and not forward the purposes of this chapter or otherwise serve the public ......... ..health, safe .ty or welfare, or that alternatives proposed by the owner would satisfy the purposes of this section 4.18 at least to an equivalent degree. B. The commission may impose conditions on the modification, or waiver that it deems appropriate to further the purposes of this chapter. C. Prior to considering a request to modify,--~-ve-or-v{~ or waive, five (5) days' written notice shall be provided to the owner, owner'~ agent or occul}~h abutting l~t or parcel and each parcel immediately across the street or road from the lot or parcel which is the subject of the request. The written notice shall identify the nature of the reqUest and the date and time the cormnission will consider the request. D._~. The board of su ervisors shall consider a modification or waiver, of an standard of section 4.18.04 onl- as follows: 1. The denial of a modification or waiver or the a roval of a modification or wai.ver with conditions ob'ectionable to the develo er ma be a ealed to the board of su erv]sors as an a eal of a denial of the lat as rovided in section 14-226 of the Code or the site lan as rovided in sections 32.4.2.7 or 32.4.3.9 to which the modification or waiver pertains. A modification or waiver considered by the commission in conjunction with a, application for a special use pemfit shall be subject to review by the board of supervisors 2. In considering a modification or waiver, the board may grant or deny thi~ndition lm osea o -me commission ana ]m ose an conditions it deems necessa for the reasons set forth~ (Ord. 00-18(3); Ord. 01-18()) State law reference- Va. Code § 15.2-2280. Sec. 5.1 Supplementary regulations. The following supplementary regulations apply to referenced uses in all districts whether or not such uses are permitted by right or by special use permit. These g~p~a~at~ ~ regulations are in addition to all other requirements of this .......... chaoter, the 19 Draft: 03/05/01 ATTACHMENT D Code ~,c ^ ~,, .... ~ ~ and all other applicable laws. Any requirement of section 5.0 may be modified or waived in an individual case as rovided herein: A. The commission may ~ modify or waive_ any such. · ~ ~ ~.: ~ ~ n; .... ~-':~--~-~ cas~ upon a finding that such requirement would not reqmrement of ............... t- ........ forward the purposes ofthis~ ~ or otherwise serve the public ~ health_, safety, or welfare; or that v"~.cd c,r mc~fie~ a modified regulation would satisfy the purpose_s of this ~ chapter to at least an equivalent degree as the specified requirement; except that, · ..~; ....... .~., ...... ,~:~.~-.:~ modification or waiver in no case, shall such action consUtute a ~, ......· ............................. of any applicable general regulation set forth in section 4.0 or any district regulation. ~ ~. ~,^.~.; ....,:^~ ~,~ ~ ~ a ~r.u;, c,?.nance In granting such modification or waiver, the commission mai impose such conditions as it deems necessary, to protect the public health, safety., or welfare_ B.._~. The board of su ervisors shall consider a modification or waiver of an requirement of section 5.0 only as follows: 1. The denial of a modification or waiver, or the approval of a modification or waiver with conditions obiectionable to the developer mai be appealed to the board of supervisors as an appeal of a' denial of the plat, as provided ~ section 14-226 of the Code, or the site plan, as provided in sections 32.4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A modification or waiver considered by the commission in coniunction with an application for a special use permit shall be subject to review by the board of supervisors. 2. In considering a modification or waiver, the board may grant or deny th.e- modification or waiver based upon the finding set forth in subsection (A), amend any conditio-. imposed by the commission, and impose any conditions it deems necessary, for the reasons set forth in subsection (A). (12-10-80; 9-9-92; Ord. 01-18()) Article IV. Procedure Sec. 32.3.10 ~: ......... :~': ...... k~:,..,:~- Modification, waiver or substitution. Any requirement of section 32.7 may be modified~, waived, ~4ed or substituted, in an. individual case_ as lc, flews provided herein: A. 32.3. ! 0. I The commission may modi~ waive~ or accept substitution for any ~ ~ ~' ....... ' a p~icular case upon a requirement of section 32.7, ~;~: ....... ~ ~ ~n~ ......... in finding that r~q ............. ~ such improvement would not fo~d the pu~oses of~is chapter or othe~ise se~e the public ~ health, safety or welfare; or in the case of substitution, that such alternative would satisfy the p~ose~ of this chapter to at least equivalent de~ee as the required improvement· B. ~ ....... ~enever, because of~usual size, topography, shape of the prope~, location~f the property or other unusual cOnditions, exclu~ng the propfietaw ~terests of the 20 Draft: 03/05/01 L ~. ~: ATTACHMENT D developer, strict application of the requirements of section 32.7 would result degradation ofth~ ~ite or adjacent properties, the requirement may be va:Sc~'~ mo~fiedin significantor waived by the commission; provided that such va~a~nc, c, modification or waiver shall not be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound eng~neenng practices, or to adjacent properties. d ' C.. {27.I~.2 Upon finding in any case that by s~fl~fimt-i~q-~~ techniaue, es~gn or matenms of comparable quality, but differing from those required by section 32.7/a developer would achieve results which substantially satisfy the overall purposes of this chapter in a manner equal to or exceeding the desired effects of the requirement in section 32.7, the commission may approve such substitution of technique, design or materials. D. ~'~ ~ ~ ~ ~ A developer requesting a modification, w ' ~--' " ........ -.. rover ..........or substitution pursuant to this section shall file with the agent aZa, ritten request which shall state reasons and justifications for such request together with such alternatives as may be proposed by the developer. Such request shall be submitted prior to commission consideration of the prehminary or final plan, but no later than the site review committee revision deadline. No such request shall be considered by the commission until the commission has considered the recommendation of the agent. The agent may recommend approval, approval with conditions or denial. A recommendation of approval or conditional approval shall be accompanied by a statement from the agent as to the public purpose served by such recommendation, particularly in regard to the purpose and intent of this chapter, the subdivision ordinance, and the comprehensive plan. E._:. In antin such modification waiver or substitution the commission ma im ose such conditions as it deems necessa to rotect the ublic health safe or welfare. The board of su ervisors shall consider a modification waiver or substitution of .any requirement of section 32.7 only as follows: 1. The denial of a modification waiver or substitution or the ant of such application wit~condition~ objectionable to the developS, may ge appealed to the board o f su ervisors as an a eal of a denial of such site lan as rovided in sections 32.4.2.7 or 32.4.3.9 2~ ~'on the board mav either rant or den th-~e modification wai~er or substitution based u on the findin s set forth in subsection (A), (B) or (C), as applicable, and may impose any conditions it deems necessary fo~ the reasons set forth in subsection (E) ' ' (5-1-87, § 32.3.11.4; Ord. 01-18( )) 21 Draft: 03/05/01 ATTACHMENT D I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of an Ordinance duly' adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of as recorded below, at a regular meeting held on to Mr. Bowerman Mr. Dorrier Ms. Humphris Mr. Martin Mr. Perkins Ms. Thomas Aye Nay. Clerk, Board of County Supervisors 22 ORDINANCE NO. 01-14(1) AN ORDINANCE TO AMEND ARTICLE II, ADMINISTRATION AND PROCEDURE, OF CHAPTER 14, SUBDMSION OF LAND, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Article II, Administration and Procedure, of Chapter 14, Subdivision of Lard, is hereby an~nded and reordained as follows: By Amending: Sec. 14-206 Subdivisions. Sec. 14-213 General. Chapter 14 Subdivision of Land Article II. Administration and Procedure Sec. 14-206 Subdivisions. The following sections of this chapter shall apply to each subdivision, when applicable: A. General: Sections 14-100 through 14-108. B. Administration and procedure: Sections 14-200 through 14-204, and 14-213 through 14-240, as applicable; provided that subdivisions that would result in not more than two (2) lots within the Rural Areas (RA) or Village Residential (VR) zoning districts shall be subject to the procedures set forth in section 14-213(C). C. Plat requirements and documents to be submitted: Sections 14-300 through 14- 315, as applicable. D. Minimum improvements: Sections 14-400 through 14-417. E. Design requirements: Sections 14-500 through 14-526. (Ord. 98-A(1), 7-15-98) Sec. 14-213 General. Each preliminary and final plat shall be submitted, reviewed and approved as provided in this division 4, subject to the following: A. Preliminary plat not mandatory. A subdivider is not required to submit and obtain r ° approval ofa p eliminary plat before submitting and seeking approval ora final plat. However, the agent may require the submittal ofalIinformation required by section 14-302 if such information is deemed by the agent to be necessary for review of the final plat. B. Disapproval of plats posing danger to public health, safety or welfare, or fail to meet sound engineering practices. The agent is not required by any provision of this chapter to approve any final plat, or any development, use, plan or feature thereot~ which he finds to constitute a danger to public health, safety or welfare, or which he determines to he a departure from or a violation of sound engineering design or standards. C. Procedure for certain two-lot subdivisions. Subdivisions that would result in not more than two (2) lots within the Rural Areas (RA) or Village Residemial (VR) zoning districts shall he reviewed, approved and subject to procedures as provided herein: 1. Submittal ofplat. The subdivider shall submit a plat for review and approval by the agent. 2. Review and approval of plat by agent. Within sixty (60) days after submittal of the plat, the agent shah determine whether it complies with the applicable requiremems of this chapter. The agent may request that any department, agency or authority review the plat and forward its comments to him. If the agent determines that the plat complies with the applicable requirements of this chapter, he shall approve the plat. (a) If the agent determines that the plat does not comply with the applicable requirements of this chapter, he shall inform the subdivider in writing of the reasons for the denial, with citation to the applicable section ofthis chapter or other law, and what corrections or modifications will permit approval The agem shall either mail the notice of denial by first class mall, or personally deliver it, to the subdivider. (b) If the plat requires approval by any agency, department or authority other than the county, and no evidence is provided at the time the plat is submitted that such approval has been obtained, the agent shah approve or deny the plat as provided herein within thirty-five (35) days aRer receipt of approval from the departmem, agency or authori~ provided that the plat shall be approved or denied not later than ninety (90) days after resubmittal of the plat. 3. Procedures Jbr other approvals related to plat. The procedures for other approvals related to the plat shall be as provided in sections 14-232 through 14-240. 4. Appeal of disapproval ofpIat. The disapproval of a plat may be appealed as provided in section t4-226. 5. Period of validity of approved plat, and extension thereof. An approved plat shall he valid for the periods provided in section 14-229, and the period ofvalidity may he extended as provided in section 14-23 t. 2 (9-5-96, 5-5-82, 8-28-74 (§ 8); 1988 Code, § 18-54; Ord. 98-A(1), %15-98) State law referenee-Va. Code § I5.2-2241(9). t, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy ofan Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to .zero, as recorded below, at a regular meeting held on Mayg, 200!. Aye ,Nay Mr. Bowerman y .... Mr. Dorrier ~y Ms. Humphris y .... Mr. Perkins ~ _ Ms. Thomas ¥ 3 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804} 972 - 4012 MEMORANDUM TO: FROM: DATE: RE: Robert W. Tucker, County Executive . V. Wayne Cilimberg, Director of Planning & Community Development April 23, 2001 STA-2001-01 Subdivision Ordinance The Albemarle County Planning Commission, at its meeting on April 10, 2001, unanimously recommended approval of the above-noted subdivision text amendment. The Board of Supervisors is scheduled to review this at their May 9, 2001 meeting. Attached please find a staff report, which outlines this amendment. If you have any questions, please do not hesitate to contact me. vwc/jcf Cc: Ella Carey ATTACHMENT COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: STA-2000-1 Subdivision Ordinance Amendment SUBJECT/PROPOSAL/REQUEST: Amend the Albemarle County Subdivision Ordinance (Chapter 14 of the Albemarle County Code) by amending Section 14-206, Subdivisions, and Section 14-213, General, to establish procedures for reviewing and approving subdivisions that would result in not more than two (2) lots within the Rural Areas (RA) and Village Residential (VR) zoning districts. STAFF CONTACT{S): Wayne Cilimberg ITEM NUMBERS: AGENDA DATE: '" April 10 onn, "O!anning Commission May 9, 2(~(~' '- B;ard of ,~upervisors ACTION: INFORMATION: Yes CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: In 1996, wholesale amendments of the Subdivision Ordinance were undertaken to clarify its language, simplify its administration and reflect the Comprehensive Plan and other policies and procedures. Prior to this amendment, the Subdivision Ordinance had provision for two (2) lot subdivisions in the Rural Areas (RA) and Village Residential (VR) zomng districts to be reviewed and processed administratively. While such subd v sions did not necessitate Planning Commission review, they were required to meet all applicable subdivision requirements. This practice has continued sinc~-~ the 1996 amendments. DISCUSSION: Recently, staff discovered that the provisions allowing administrative review of these two (2) lot subdivisions were removed from the Subdivision Ordinance in 1996. There is no record of any deliberate intent by staff, the Planning Commission or the Board of Supervisors to remove these provisions thus leading staff to believe their removal was inadvertent. The volume of such two (2) lot subdivisions processed by the County (46 since the ueginning of 1999) would make a requirement for meeting the full subdivision requirements of the ordinance (preliminary/final plats, abutting owner notification, the potential for Planning Commission review and the reports that would be necessary) more than could be i~andled by current staffing. It would also subject such subdivisions to the preliminary/final plat procedure that would extend their processing time by weeks and, in many cases, months. Staff does not believe there was any change in circumstance in 1996 or since that warrants the procedure for processing these subdivisions to be changed. These two (2) lot subdivisions would continue to be subject to full staff review to assure all requirements of applicable ordinances are being met. Staff has developed Subdivision Ordinance amendment language.(Attachment A) that will restore administrative approval of two (2) lot subdivisions in the Rural Areas (RA) and Village Residential (VR)-zoning districts while maintaining the long established and expected level of review for such subdivisions. RECOMMENDATION: Approval of STA-2000-01 as proposed in Attachment A. Draft: 04/03/01 ORDINANCE NO. 01-14( ) ATTACHMENT A AN ORDiNANCE TO AMEND ARTICLE II, ADMINISTRATION AND PROCEDURE, OF CHAPTER 14, SUBDIVISION OF LAND, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County &Albemarle, Virginia, that Article II, Administration and Procedure, of Chapter 14, Subdivision of Land, is hereby amended and reordained as follows: By Amending: Sec. 14-206 Subdivisions. Sec. 14-213 General. Chapter 14 Subdivision of Land Article II. Administration and Procedure Sec. 14-206 Subdivisions. The following sections of this chapter shall apply to each subdivision, when applicable: A. General: Sections 14-100 through 14-108~ B. Administration and procedure: Sections 14-200 through 14-204, and 14-213 through 14-240, as applicable; provided that subdivisions that would result in not more than two (2) lots within the Rt~{al Areas (RA) or Village Residential (VR) zonin~ districts shall be subiect yo the procedures set forth in section 14-213(C). C. Plat requirements and documents to be submitted: Sections 14-300 through 14- 315, as applicable. D. Minimum improvements: Sections 14-400 through 14-417. E. Design requirements: Sections 14-500 through 14-526. (Ord. 98-A(1), 7-15-98) Sec. 14-213 General. Each preliminary and final plat shall be submitted, reviewed and approved as provided in this-division 4, subject to the following: 2 ATTACHMENT A Draft: 04/03/01 A. Prelimina~. plat not mandatory. A subdivider is not required to submit and obtain approval of a preliminary plat betbre submitting and seeking approval of a final plat. However, the aeent may require the submittal of all information reqUired by section 14-302 if such information is deemed by the agent to be necessary for review of the final plat. lats posing danger to public health, ~ e B. Disapproval of p satetv or welfar , or fail to meet sound engineering practices.. The agent is not required by any provision of this chapter to approve any final plat, or any developnxcnt, use, plan or feature thereof, which he finds to constitute a danger to public health, safety or welfare, or which he determines to be a depanm'c from or a violation of sound engineering design or standards. C. Procedure for certain two-lot subdivisions. Subdivisions that would result in not more than two 2 lots within the Rural Areas RA or Villa e Res~denUal VR zomn d~stxtct,~; shall be reviewed a roved and sub'ect to rocedures as rovided herein: 1. Submittal o lat. The subdivider shall submit a lat for review and approval by the a.~ent.._ 2. Review and a royal o lat b a ent. Within six 60 da s after submittal ofth~ lat the a ent shall determine whether it co____ lies with the a !icable re uirements of this chater. The a ent ma re uest that an de artment a enc or authori review the lat and forward its comments to h~m. If the a ent determines that the lat com hes with the a licable re uirements of this chater he shall a rove the lat. a If the a ent determines that the lat does not com 1 with the ap licable re uirements of this chapter, he shall inform the subdivider in writine of the reasons. P q - for the denial, with citation to the applicable section of this chapter or other law, and what. corrections or modifications will permit approval. The a.~ent shall either mail the notice ~,f denial b first class mail or ersonall deliver it to the subdivider. b If the lat re uires a roval b an aoenc de artm_ent or authority other than the county, and no evidence is provided at the time the plat is submitted that such approval has been obtained, the a~ent shall approve or deny the plat as provided herein withinthi -five 35 da safterrecei tofa roval from the de artment a enc orauthorit rovided that the lat shall be a roved or denied not later than nine 90 da s after resubmittal 3. Procedures ..for other approvals related to plat. The procedures for other. approvals related to the plat shall be as provided in sections 14-232 through 14-240. 4. Appeal o. fdisa??roval qfplat. The disapproval of a plat may be appealed. as provided in section 14-226.. 5. Period o ~ validitv o a roved lat and extension thereo . An a roved plat shall be valid for the.periods provided in section 14-229, and the period ofvalidi .ty]may be extended as provided in section 14-231 ... ATTACHMENT A Draft: 04/03/01 (9-5-96, 5-5-82, 8-28-74 (§ 8); 1988 Code, § 18-54; Ord. 98-A(1), 7-15-98) State law reference-Va. Code § 15.2-2241 (9). I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Aye Nay Mr. Bowerman Mr. Dorrier Ms. Humphris Mr. Martin Mr. Perkins Ms. Thomas 4 ORDINANCE NO. 01-2(1) AN ORDINANCE TO AMEND CHAPTER 2, ADMINISTRATION, ARTICLE I, ELECTIONS, 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 2, Administration, Article I, Elections, is hereby amended and reordained as follows: By Adding: See. 2-100 Sec. 2-101 Sec. 2-102 Sec. 2-103 Sec. 2-104 Sec. 2-105 Sec. 2-106 Establishment and boundaries of magisterial districts, election districts, precincts and polling places. Jack Jouett Magisterial District. Rio Magisterial District. Rivanna Magisterial District. Samuel Miller Magisterial District. Scottsville Magisterial District. White Hall Magisterial District. By Repealing: Sec. 2-100 Sec. 2-101 Sec. 2-102 Sec. 2-103 Sec. 2-104 Sec. 2-105 Sec. 2-106 See. 2-107 Establishment and boundaries of magisterial and election districts. Voting precincts--Rio Magisterial District. Voting precincts--Jack Jouett Magisterial District. Voting precincts--Rivanna Magisterial District. Voting precincts--Samuel Miller Magisterial District. Voting precinets--Scottsville Magisterial District, Voting precincts--White Hall Magisterial District. Establishment of voting facilities. By Amending: Sec. 2-108 Central absentee voter election district. ARTICLE I. ELECTIONS Sec. 2-100 Establishment and boundaries of magisterial districts, election districts, precincts and polling places. The county shall be divided into six (6) magisterial districts, which shall be named and bounded as described in this article, and which shall be the election districts for the county within the meaning of Virginia Code § 15.2-1211. Each election district shall contain voting precincts and polling places as described in this article. Sec. 2-101 Jack Jouett Magisterial District. The Jack Jouett Magisterial District shall be bounded, and contain voting precincts and polling places, as follows: A. Description of district: Beginning at the intersection of Seminole Trail (U.S. Route 29) and Greenbrier Drive; then northwest on Greenbrier Drive to its intersection with Whitewood Road; then west on Whitewood Road to its intersection with Hydraulic Road (State Route 743); then northeast along Hydraulic Road to its intersection with Earlysville Road (State Route 743); then north on Earlysville Road to its intersection with the South Fork Rivanna River; then meandering north and west along the South Fork Rivanna River to its confluence with the Mechums River; then meandering southwest along the Mechums River to its intersection with Garth Road (State Routes 614, 676 and 601 ); then east and south on Garth Road to its intersection with Ivy Creek; then west and south along Ivy Creek to its intersection with Old Ballard Road (State Route 677); then south along Old Ballard Road to its intersection with Broomley Road (State Route 677); then south on Broomley Road to its intersection with the CSX Railway right-of-way; then east along the railway to its intersection with U.S. Route 29/250 Bypass; then south along the U.S. Route 29/250 Bypass to its intersection with U.S. Route 250 Business; then east on U.S. Route 250 Business to its intersection with Reed Lane; then south on Reed Lane to Lewis Mountain Parkway; then south on Lewis Mountain Parkwvay to its intersection 'with the fire road connecting Edgemont Road and Lewis Mountain Parkway; then south along said fire road Gits intersection with Edgemont,Road; then south on Edgemont Road to its intersection with McCormick Road; then east on McCormick Road to its intersection with Alderman Road; then south on Alderman Road to its intersection with the limits ofthe City of Charlottesville; then meandering north and east along the limits of the Cay of Charlottesville to its intersection with Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with Greenbrier Drive, the point of origin. B. Voting precincts: The district shall be divided into three (3) voting precincts, as described herein: 1. Georgetown Precinct: Beginning at the intersection of Seminole Trail (U.S. Route 29) and Greenbrier Drive; then northwest on Greenbrier Drive to its intersection with Whitewood Road; then west on Whitewood Road to its intersection with Hydraulic Road (State Route 743); then south on Hydraulic Road to its intersection with Georgetown Road (State Route 656); then southwest on Georgetown Road to its intersection with Barracks Road (State Route 654); then southeast along Barracks Road to its intersection with the western limits of the City of Charlottesville; then following the Charlottesville City limits north and east to the intersection of Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with Greenbrier Drive, the point of origin. 2. Jack Jouett Precinct: Beginning at the western limits of the City of Charlottesville and its intersection with Barracks Road (State Route 654); then northwest along Barracks Road to its intersection with Georgetown Road (State Route 656); then northeast on Georgetown Road to its intersection with Hydraulic Road (State Route 743); then northeast along Hydraulic Road to its intersection with Earlysville Road (State Route 743); then north on Earlysville Road to its intersection with the South Fork Rivanna River; then meandering north and west along the South Fork Rivanna River to its confluence with the Mechums River; then meandering southwest along the Mechums River to its intersection with Cva~ Road (State Routes 614, 676, and 601); then east and south on Garth Road to its intersection withIvy Creek; then west and south along Ivy Creek to its intersection with Old Ballard Road (State Route 677); then south along Old Ballard Road to its intersection with Broomley Road (State Route 677); then south on Broomley Road to its intersection with the CSX Railway right-of-way; then east along the railway to its intersection with U.S. Route 29/250 Bypass; then northeast on U.S. Route 29/250 Bypass to its intersection with the western limits of the City of Charlottesville and Barracks Road, the point of origin. 3. University Hall Precinct: Beginning at the intersection of the U.S. Route 29/250 Bypass and the northwestern city limits; then south with the city limits to its intersection with Alderman Road; then north on Alderman Road to its intersection with McCormick Road; then west on McCormick Road to its intersection with Edgemont Road; then northwest on Edgemont Road to its intersection with the fire road connecting Edgemout Road and Lewis Mountain Parkway; then north on said fire road to its intersection with Lewis Mountain Parkway; then north on Lewis Mountain Pkwy to its intersection with Reed Lane; then north on Reed Lane to its intersection with U.S. Route 250 Business; then west on U.S. Route 250 Business to its intersection with U.S. Route 29/250 Bypass; then northeast on U.S. Route 29/250 Bypass to its intersection with the northwestern city limits, the point oforigirr C. Polling places: Each voting precinct shall have a polling place at the location identified below: 1. Georgetown Precinct: Albemarle High School, 2775 Hydraulic Road. 2. JackJouett Precinct: Jack Jouett Middle School, 210 Lambs Lane. 3. University Hall Precinct:. University Hall, 300 Massie Road. (8-19-71, § 1; 9-5-72; %15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(I), 1-11-95; Ord. 98-A(1), 8-5-98, § 2-100(2), § 2-102; Ord. 01-2(1), 5-9-01) See. 2-102 Rio Magisterial District. The Rio Magisterial District shall be bounded, and contain voting precincts and polling places, as follows: A. Description of district: Beginning at the intersection of the South Fork Rivanna River and its intersection with the northeastern limits of the City of Charlottesville; then meandering north and west along the South Fork Rivanna River to its intersection with Seminole Trail (U.S. Route 29); then northeast along Seminole Trail to its intersection with the North Fork Rivanna River; then meandering along the North Fork Rivarma River northwest to its intersection with Dickerson Road (State Route 606); then south along Dickerson Road to its intersection with Earlysville Road (State Route 743); then northwest along Earlysville Road to its intersection with Buck Mountain Road (State RoUte 663); then northwest along Buck Mountain Road (State Route 663) to its intersection with Buck Mountain Road (State Route 664); then northwest along Buck Mountain Road (State Route 664) to its intersection with Buck Mountain Road (State Route 665); then southwest along Buck Mountain Road (State Route 665) to its intersection with Bleak House Road (State Route 662); then south along Bleak House Road to its intersection with Reas Ford Road (State Route 660); then south along Reas Ford Road to its intersection with the South Fork Rivanna River; then meandering southeast along the South Fork Rivanna River to its intersection with Earlysville Road (State Route 743); then south along Earlysville Road to its intersection with Hydraulic Road (State Route 743); then southwest along Hydraulic Road to its intersection with Whitewood Road; then east on Whitewood Road to its intersection with Greenbrier Drive; then east on Greenbrier Drive to its intersection with Seminole Trail (U.S. Route 29); then south on Seminole Trail to its intersection with the northern limits of the City of Charlottesville; then following the limits of the City of Charlottesville east to its intersection with the South Fork Rivanna River, the point of origin. B. Voting precincts: The district shall be divided into five (5) voting precincts, as described herein: 1. Agnor-Hurt Precinct: Beginning at Seminole Trail (U.S. Route 29) and its intersection with Greenbrier Drive; then northeast along Seminole Trail to its intersection with the South Fork Rivanna River; then meandering west and south along the South Fork Rivanna River to its intersection with Earlysville Road (State Route 743); then south along Earlysville Road to its intersection with Hydraulic Road (State Route 743); then southwest along Hydraulic Road to its intersection with Whitewood Road; then east on Whitewood Road to its intersection with Greenbrier,Drive; then east along Greenbrier Drive to its intersection with Seminole Trail, the point of origin~ 2. Branchlands Precinct: Beginning at the northern city limits of Charlottesville and its intersection with Rio Road East (State Route 631) and the Southern Railroad right-of-way; then northwest on Rio Road East to its intersection with Seminole Trail (U.S. Route 29); then south on Seminole Trail to the northern city limits of Charlottesville; then east with the city limits to its intersection with the Southern Railroad right-of-way and Rio Road East, the point of origim 3. Dunlora Precinct: Beginning at Rio Road East (State Route 631 ) at its intersection with the Southern Railroad right-of way; then northeast along the Southern Railroad right-of-way to its intersection with the South Fork Rivanna River; then meandering southeast along the South Fork Rivanna River to its intersection with the Charlottesville City limits; then following northwest along the Charlottesville City limits to the intersection with Rio Road East and the Southern Railroad right-of-way, the point of origin. 4. Northside Precinct: Beginning at the intersection of Seminole Trail (U.S. Route 29) and the South Fork Rivanna River; then northeast on Seminole Trail to its intersection with the North Fork Rivanna River; then meandering northwest to its intersection with Dickerson Road (State Route 606); then south along Dickerson Road to its intersection with Earlysville Road (State Route 743); then northwest along Earlysville Road to its intersection with Buck 4 Mountain Road (State Route 663); then northwest along Buck Mountain Road (State Route 663) to its intersection with Buck Mountain Road (State Route 664); then northwest along Buck Mountain Road (State Route 664) to its intersection with Buck Mountain Road (State Route 665); then southwest along Buck Mountain Road (State Route 665) to its intersection with Bleak House Road (State Route 662); then south along Bleak House Road to its intersection with Reas Ford Road (State Route 660); then South along Reas Ford Road to its intersection with the South Fork Rivanna River; then meandering eastward to its intersection with Seminole Trail (U.S. Route 29), the point oforigirr 5. Woodbrook Precinct: Beginning at the northern city limits of Charlottesville and its intersection with Rio Road East (State Route 631) and the Southern Railroad right-of-way; then northeast with the Southem Railroad right-of-way to its intersection with the South Fork Rivanna River; then meandering northwest with the South Fork Rivanna River to its intersection with Seminole Trail (U.S. Route 29); then south on Seminole Trail to its intersection with Rio Road East (State Route 631); then southeast on Rio Road East to its intersection with the Southern Railroad right-of-way and the northern city limits of Charlottesville, the point of origin. C. Polling places: Each voting precinct shall have a polling place at the location identified below: Drive. Agnor-Hurt Precinct: Agnor-Hurt Elementary School, 3201 Berkmar 2. Branchlands Precinct: Senior Center, 674 Hiltsdale Drive. 3. Dunlora Precinct: Charlottesville-Albemarle Technical Education Center, 1000 East Rio Road. Airport Road. Northside Precinct: Northside Community Fellowship Church, 1820 Drive. Woodbrook Precinct: Woodbrook Elementary School, 100 Woodbrook (8-19-71, § 1; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(1), 8~5-98, § 2-100(1), § 2-101; Ord. 01-2(1), 5-9-01) Sec. 2-103 Rivanna Magisterial District. The Rivanna Magisterial District shall be bounded, and contain voting precincts and polling places, as follows: A. Description of district: BegLnning at the intersection of Interstate 64 and the Albemarle/Fluvanna County line; then northeast along the Albemarle/Fluvanna County line to its intersection with the Albemarle/Louisa County line; then northeast along the Albemarle/Louisa County line to its intersection with the Albemarle/Orange County line; then west along the Albemarle/Orange County line to its intersection with the Albemarle/Greene County line; then west along the Albemarle/Greene County line to its imersection with Seminole Trail (U.S. Route 29); then southwest on Seminole Trail to its intersection with Dickerson Lane (State Route 763); then west on Dickerson Lane to its intersection with Dickerson Road (State Route 606); then south on Dickerson Road to its intersection with the North Fork Rivanna River; then southeast along the North Fork Rivanna River to its intersection with Seminole TraiI (U.S. Route 29); then south along Seminole Trail to its intersection with the South Fork Rivanna River; then meandering southeast along the South Fork Rivanna River to its confluence with the North Fork Rivanna River and Rivanna River; then meandering southeast along the Rivanna River to its intersection with Interstate 64; then following Interstate 64 east to its intersection with the Albemarle/Fluvanna County line, the point of origin. B. Voting precincts: The district shall be divided into five (5) voting precincts, as described herein: 1. Burnley Precinct: Beginning at the intersection of Seminole Trail (U.S. Route 29) and the Albemarle/Greene County line; then southeast along the Albemarle/Greene County li~e to its intersection with the Albemarle/Orange County line; then southeast along the Albemarle/orange County tine to its intersection with the Southern Railway right-of-way; then southwest along the Southern Railway right-of-way to its intersection with the North Fork Rivanna River; then meandering northwest along the North Fork Rivanna River to its intersection with Dickerson Road (State Route 606); then northeast on Dickerson Road to its intersection with Dickerson Lane (State Route 763); then east on Dickerson Lane to Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with the Albemarle/Greene County line, the point of origin. 2. Free Bridge Precinct: Beginning at the confluence of the Rivanna River and Redbud Creek; then east with Redbud Creek to its origin near the ridge of Wolfpit Mountain of the Southwest Mountain range; then southwest with the ridge line of the Southwest Mountain range to its intersection with the origin of Barn Branch; then southeast with Barn Branch to its intersection with Interstate 64; then west on Interstate 64 to its intersection with the Rivanna River; then meandering northwest with the Rivanna River to its confluence with Redbud Creek, the point of origin. 3. Hollymead Precinct: Beginning at the intersection of the Southern Railroad right-of-way and the South Fork Rivanna River; then meandering northwest with the South Fork Rivanna River to its intersection with Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with the North Fork Rivanna River; then meandering southeast along the North Fork Rivanna River to its intersection with the Southern Railroad right-of-way; then southwest with the Southern Railroad right-of-way to its intersection with the South Fork Rivanna River, the point of origin. 4. Keswick Precinct: Beginning at the intersection of the Albemarle/Orange/ Louisa County line; then southwest with the Albemarle/Louisa County line to its intersection with the Albemarle/Fluvanna County line; then southwest with the Albemarle/Fluvanna County 6 line to its intersection with Interstate 64; then west on Interstate 64 to its intersection with Barn Branch; then northwest with Barn Branch to its origin near the ridge of the Southwest Mountain range; then northeast with the ridge line of the Southwest Mountain Range to its intersection with the Albemarle/Orange County line; then east with the Albemarle/Orange County line to its intersection with the Albemarle/Orange/Louisa County line, the point of origin. 5. Stony Point Precinct: Beginning at the intersection of the.South Fork Rivarma River and the Southern Railroad right-of-way; then meandering southeast to its confluence with the North Fork Rivanna River and Rivanna River; then meandering south along the Rivanna River to its .confluence with Redbud Creek; then east with Redbud Creek to its origin near the ridge of Wolfpit Mountain of the Southwest Mountain range; then northeast with the ridgeline of the Southwest Mountain range to its intersection with the Albemarle/Orange County line; then west with the Albemarle/Orange County line to its intersection with the Southern Railroad right-of-way; then southwest with the Southern Railroad right-of-way to its intersection with the South Fork Rivanna River, the point of origin. C. Polling places: Each voting precinct shall have a polling place at the location identified below: 1. Burnley Precinct: Bethel Baptist Church, 5401 Watts Passage. 2. Free Bridge Precinct: Elk's Lodge Hall, 389 Elk Drive. o Hollymead Precinct. Hollymead Elementary School, 2775 Powell Creek 4. Keswick Precinct:. Union Grove Baptist Church, 471 Black Cat Road. Road. Stony Point Precinct: Stony Point Elementary School, 3893 Stony Point (8-19-71, § 1; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(1), 8-5-98, § 2-100(3), § 2-103; Ord. 01-2(1), 5-9-01) Sec. 2-104 Samuel Miller Magister~ml District. The Sarrcoel Miller Magisterial District shall be bounded, and contain~voting precincts and polling places, as follows: A. Description of district: Beginning at the intersection ofthe Mechums River and Garth Road (State Route 6I 4); then east on Garth Road (State Route 614) to its intersection with Garth Road (State Route 676); then southeast on Garth Road (State Route 676) to its intersection with Garth Road (State Route 601); then southeast on Garth Road (State Rout~ 601) to its intersection with Ivy Creek; then meandering southwest with Ivy Creek to its intersection with Old Ballard Road (State Route 677); then southeast on Old Ballard Road to its intersection with Broomley Road (State Route 677); then south on Bmomley Road to its intersection with the CSX Railway right-of-way; then east along the CSX Railway right-of-way to its intersection with the U,S. Route 29/250 Bypass; then south on U.S, Route 29/250 Bypass to its intersection with U.S. Route 250 Business; then east on U,S. Route 250 Business to its intersection with Reed Lane; then south on Reed Lane to Lewis Mountain Parkway; then south on Lewis Mountain Parkway to its intersection with the fire road connecting Edgemont Road and Lewis Mountain Parkway; then south along said fire road to its intersection with Edgemont Road; then south on Edgemont Road to its intersection with McCormick Road; then east on McCormick Road to its intersection with Alderman Road; then south on Alderman Road to its intersection with the limits of the City of Charlottesville; then following the Charlottesville City limits west and south to the intersection with Sunset Avenue Extended (State Route 781); then south on Sunset Avenue Extended to its intersection with Mountainwood Road; then east on Mountainwood Road to its intersection with Old Lynehburg Road (State Route 780); then south on Old Lynchburg Road (State Route 780) to Old Lynchburg Road (State Route 631); then south on Old Lynchburg Road (State Route 631) to its intersection with a western branch of Biscuit Run, then east along a western branch of Biscuit Run to its confluence with Biscuit Run; then south on Biscuit Run to its confluence with an eastern branch of Biscuit Run; then continuing east along the eastern branch of Biscuit Run to its intersection with Scottsville Road (State Route 20); then south on Scottsville Road to its intersection with Red Hill Road (State Route 708); then immediately west on Red Hill Road to its intersection with the North Fork Hardware River; then meandering southwest on the North Fork Hardware River to its confluence with the Hardware River and the South Fork Hardware River; then southwest along the South Fork Hardware River to its confluence with Eppes Creek; then southwest on Eppes Creek to its confluence with Beaver Branch; then meandering southwest on Beaver Branch to its intersection with Plank Road (State Route 712); then west on Phnk Road to its intersection with Alberene Road (State Route 719); then south on Alberene Road to its intersection with Secretarys Sand Road (State Route 717); then southwest on Secretarys Sand Road to its intersection with Green Creek Road (State Route 630); then west on Green,Creek Road to its intersection with Bungletown Road; then northwest on Bungletown Road to its intersection with Barbershop Hill Road; then southwest along Barbershop Hill Road to its intersection with Appleberry Mountain Trail; then southwest along Appleberry Mountain Trail to its intersection with the unnamed southern tributary of Bear Creek; then meandering southwest along the unnamed southern tributary of Bear Creek to its confluence with Bear Creek; then continuing southwest along Bear Creek to its intersection with the Albemarle/Nelson County line; then northwest along the Albemarle/Nelson County line to the unnamed northern branch of the Mechums River; then east along the unnamed northern branch of the Mechums River to its confluence with the Mechums River; then meandering northeast along the Meehums River to its intersection with Garth Road, the point of origin. B. Voting precincts: The district shall be divided into four (4) voting precincts, as described herein: 1. Country Green Precinct: Beginning at Sunset Avenue Extended (State Route 781) and the underpass of Interstate 64; then south on Sunset Avenue Extended to its intersection with Mountainwood Road; then east on Mountainwood Road to its intersection with Old Lynchburg Road (State Route 780); then south on Old Lynchburg Road (State Route 780) to Old Lynchburg Road (State Route 631 ); then south on Old Lynchburg Road (State Route 631) to its intersection with a western branch of Biscuit Run, then east along a western branch of Biscuit Run to its confluence with Biscuit Run; then south on Biscuit Run to its confluence with an-eastern branch of Biscuit Run; then continuing east along this eastern branch of Biscuit Run to its imersection with Scottsville Road (State Route 20); then south on Scottsville Road to its intersection with Red Hill Road (State Route 708); then northwest on Red Hilt Road to its intersection with the Southern Railway right-of-way; then northeast along the Southern Railway right-of-way to its intersection with Interstate 64; then southeast on Interstate 64 to its underpass at Sunset Avenue Extended, the point of origin. 2. East Ivy Precinct: Beginning at the intersection of the western limits of the City of Charlottesville and Sunset Avenue Extended (State Route 781); then south along Sunset Avenue Extended to its intersection with Interstate 64; then west on Interstate 64 to its intersection with Dick Woods Road (State Route 637); then north on Dick Woods Road to its intersection with Bloomfield Road (State Route 677); then northeast on Bloomfield Road to its intersection with U.S. Route 250; then east along U.S. Route 250 to its intersection with Broomley Road (State Route 677); then north on Broomley Road to its intersection with the CSX Railway right-of-way; then east along the CSX Railway right-of-way to its intersection with U.S. Route 29/250 Bypass; then south on U.S. Route 29/250 Bypass to its intersection with U.S. Route 250 Business; then east on U.S. Route 250 Business to its intersection with Reed Lane; then south on Reed Lane to Lewis Mountain Parkway; then south on Lewis Mountain Parkway to its intersection with the fire road connecting Edgemont Road and Lewis Mountain Parkway; then south along said fire road to its intersection with Edgemont Road; then south on Edgemont Road to its intersection with McCormick Road; then east on McCormick Road to its intersection with Alderman Road; then south on Alderman Road to its intersection with the limits of the City of Charlottesville; then following the Charlottesville City limits west and south to the intersection with Sunset Avenue Extended, the point of origin. 3. Ivy Precinct: Beginning at the intersection ofthe Mechums River and Garth Road (State Route 614); then east on Garth Road (State Route 614) to its intersection with Garth Road (State Route 676); then southeast on Garth Road (State Route 676) to its intersection with Garth Road (State Route 601); then southeast on Garth Road (State Route 601) to its intersection with Ivy Creek; then meandering southwest with Ivy Creek to its intersection with Old Ballard Road (State Route 677); then southeast on Old Ballard Road to its intersection with Broomley Road (State Route 677); then south on Broomley Road to its intersection with U.S. Route 250; then west on U.S. Route 250 to its intersection with Bloomfield Road (State Route 677); then southwest on Bloomfield Road to its intersection with Dick Woods Road (State Route 637); then southwest on Dick Woods Road to its intersection with Interstate 64; thenwest on Interstate 64 to its intersection with the Mechums River; then meandering northeast with the Mechums River to its intersection with Garth Road, the point oforigin. 4. Red Hill Precinct: Beginning at the intersection of Interstate 64 and the Mechums River; then meandering southwest along the Mechums River to its confluence with the remained northern branch of the Mechums River; then continuing west along the unnamed northern branch of the Mechums River to the Albemarle/Nelson County tine; then southeast along the Nelson County line to its intersection with Bear Creek; then meandering northeast along Bear Creek to its confluence with an unnamed southern tributary of Bear Creek; then continuing northeast along the unnamed tributary to its intersection with Appleberry Mtn~ Trail; then northeast along Appleberr-~j Mtn. Trail to its intersection with Barbershop Hill Road; then northeast on Barbershop Hill Road to its intersection with Bungletown Road; then southeast on Bungletown Road to its intersection with Green Creek Road (State Route 630); then east on Green Creek Road to its intersection with Secretarys Sand Road (State Route '717); briefly northeast on Secretarys Sand Road to its intersection with Alberene Road (State Route 719); then north on Alberene Road to its intersection with Plank Road (State Route 712); then east on Plank Road to its imersection with Beaver Branch; then meandering northeast on Beaver Branch to its confluence with Eppes Creek; then northeast on Eppes Creek to its confluence with the South Fork Hardware River; then meandering northeast on the South Fork Hardware River to its confluence with the North Fork Hardware River and the Hardware River; then meandering northeast on the North Fork Hardware River to its intersection with Red Hill Road (State Route 708); then northwest along Red Hill Road to its intersection with the Southern Railway right-of- way; then northeast along the Southern Railway right-of-way to its intersection with Interstate 64; then west on Interstate 64 to its intersection with the Mechums River, the point oforigim C. Polling places: Each voting precinct shall have a polling place at the location identified below:. Em~d~. Country Green Precinct: Berean Baptist Church, 1284 Sunset Avenue Road, East Ivy Precinct: Kappa Sigma Auditorium, 2445 Ivy Road. Ivy Precinct: Meriwether Lewis Elementary School, 1610 0wensvilte Road. Red Hill Precinct: Red Hill Elementary School, 3901 Red Hill School (8-19-71, § 1; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(1), 8-5-98, § 2-100(4), § 2-104; Ord. 01-2(1), 5-9-01) Sec. 2-105 Scottsville Magisterial District. The Scottsville Magisterial District shall be bounded, and contain voting precincts and polling places, as follows: A. Description of district: Beginning at Sunset Avenue Extended (State Route 78!) and the southern limits of the City of Charlottesville; then south on Sunset Avenue Extended to its intersection with Mountainwood Road; then east on Mountainwood Road to its intersection with Old Lynchburg Road (State Route 780); then south on Old Lynchburg Road (State Route 780) to Old Lynchburg Road (State Route 631); then south on Old Lynchburg Road (State Rome 631) to its intersection with a western branch of Biscuit Run, then east along a western branch of Biscuit Run to its confluence with Biscuit Run; then south on Biscuit Run to its confluence with an eastern branch of Biscuit Run; then continuing east along the eastern branch of Biscuit Run to its intersection with Scottsville Road (State Route 20); then south on Scottsville Road to its intersection with Red Hill Road (State Route 708); then immediately west 10 on Red Hill Road to its intersection with the North Fork Hardware River; then meandering southwest on the North Fork Hardware River to its confluence with the Hardware River and the South Fork Hardware River; then southwest along the South Fork Hardware River to its confluence with Eppes Creek; then southwest on Eppes Creek to its confluence with Beaver Branch; then meandering southwest on Beaver Branch to its intersection with Plank Road (State Route 7t2); then west on Plank Road to its intersection with Alberene Road (State Route 7t9); then south on Alberene Road to its intersection with Secretarys Sand Road (State Route 717); then southwest on Seeretarys Sand Road to its intersection with Green Creek Road (State Route 630); then west on Green Creek Road to its intersection with Bungletown Road; then northwest on Bungletown Road to its intersection with Barbershop Hill Road; then southwest along Barbershop Hill Road to its intersection with Appleberry Mountain Trail; then southwest along Appleberry Mountain Trail to its intersection with the unnamed southern tributary of Bear Creek; then meandering southwest along the unnamed southern tributary of Bear Creek to its confluence with Bear Creek; then continuing southwest along Bear Creek to its intersection with the Albemarle/Nelson County line; then southeast along the Albemarle/Nelson County line to its intersection with the Albemarle/Buckingham County line; then east along the Albemarle/ Buckingham County line to its intersection with the Albemarle/Fluvanna County line; then northeast along the Alhemarle/Fluvanna County line to its intersection with Interstate 64; then west along Interstate 64 to its intersection with the Rivarma River; then meandering northeast along the Rivauna River to its intersection with the limits of the City of Charlottesville; then following the limits ofthe City of Charlottesville west to its intersection with Sunset Avenue, the point of origin. B. Voting precincts: The district shall be divided into five (5) voting precincts, as descnq~ed herein: 1. Cale Precinct: Beginning at the intersection of Sunset Avenue Extended (State Route 78t) and the southern city limits of Charlottesville; then east with the city limits to its intersection with Monticello Avenue (State Route 20); then south with Monticello Avenue to its intersection with Interstate 64 and Scottswille Road (State Route 20); then south with Scottsville Road to its intersection with an eastern branch of Biscuit Run; then west along this eastern branch to its confluence with Biscuit Run; then north along Biscuit Run to its confluence with a western branch of Biscuit Run; then west along this western branch to its intersection with Old Lynchburg Road (State Route 631); then north on Old Lynchburg Road (State Route 631) to its intersection with Old Lynchburg Road (State Route 780); then northwest on Old Lynchburg Road (State Route 780) to its intersection with Mountainwood Road; then west on Mountainwood Road to its imerseetion with Sun_set Avenue Extended (State Route 781); then north with Sunset Avenue Extended to its intersection with the southern city limits of Charlottesville, the point of origin. 2. Monticello Precinct: Beginning at the intersection of Scottsville Road (State Route 20) and Thomas Jefferson Parkway (State Route 53); then east on Thomas Jefferson Parkway to the Atbemarle/Fluvanna County line; then southwest with the Albemarle/Ftuvanna County line to its interseetion with Rolling Road (State Route 620); then northwest on Rolling Road to its intersection with Secretarys Road (State Route 708); then west on Secretarys Road to its intersection with Carters Mountain Road (State Route 627); then south on Carters Mountain 11 Road to its intersection with Scottsville Road (State Route 20), then north on Scottsville Road to its intersection with Thomas Jefferson Parkway, the point:of origin. 3. Porter's Precinct: Beginning at the intersection of Warren Ferry Road (State Route 627) the James River, and the Albemarle/Buckingham County line; then southwest with the Albemarle/Buckingham County line to its intersection with the Albemarle/Nelson County line; then northwest with the Albemarle/Nelson County line to its intersection with Bear Creek; then meandering northeast along Bear Creek to its confluence with an unnamed southern tributary of Bear Creek; then continuing northeast along the remained tributary to its intersection with Appleberry Mountain Trail; then northeast along Appleberry Mountain Trail to its intersection with Barbershop Hill Road; then northeast on Barbershop Hill Road to its intersection with Bungletown Road; then southeast on Bungletown Road to i~ intersection with Green Creek Road (State Route 630); then east on Green Creek Road to its intersection with Seeretarys Sand Road (State Route 717); briefly northeast on Secretarys Sand~Road to its intersection with Alberene Road (State Route 719); then north on Alberene Road to its intersection with Plank Road (State Route'712); then southeast on Plank Road to its intersection with Scottsville Road (State Route 20); then southeast on Scottsville Road to its intersection with Langhome Road (State Route 626); then southwest on Langhorne Road to its intersection with James River Road (State Route 627); then southeast on James River Road to its intersection with Warren Ferry Road (State Route 627); then south on Warren Ferry Road to its intersection with the James River, the Albemarle/Buckingham County line, the point of origin. 4. Scottsville Precinct: Beginning at the intersection of Rolling Road (State Route 620) and the Albemarle/Fluvanna County line; then southwest with the Albemarle/ Fhvanna County line to its intersection with the James River and the Albemarle/Buckingham County line; then southwest with the Albemarle/Buckingham County line to its intersection with 'Warren Ferry Road (State Route 627); then north on Warren Ferry Road to its intersection with James River Road (State Route 627); then northwest on James River Road to its intersection with Langhorne Road (State Route 626); then northeast on Langhome Road to its intersection with Scottsville Road (State Route 20); then northwest on Scottsville Road to its intersection with Plank Road (State Route 712); then northwest on Plank Road to its intersection with Beaver Branch; then northeast with the Beaver Branch to its confluence with Eppes Creek; then northeast along Eppes Creek to its confluence with the South Fork Hardware River; then meandering northeast on the South Fork Hardware River to its confluence with the North Fork Hardware River and the Hardware River; then meandering northeast on the North Fork Hardware River to its intersection with Red Hill Road (State Route 708); then east along Red Hill Road to its intersection with Scottsville Road (State Route 20); then south along Scottsville Road to its intersection with Carters Mountain Road (State Route 627); then north on Carters Mountain Road to its intersection with Secretarys Road (State Route 708); then east on Secretarys Road to its intersection with Rolling Road (State Route 620); then southeast on Rolling Road to its intersection with the Albemarle/Fluvanna County line, the point of origin. 5. Stone-Robinson Precinct: Beginning at the intersection of Scottsvilte Road (State Route 20) and Thomas Jefferson Parkway (State Route 53); then southeast on Thomas Jefferson Parkway to its intersection with the Albemarle/Fluvanna County line; then northeast following the Albemarle~luvanna County line to its intersection with Interstate 64; then west on Interstate 64 to its imersection with the Rivanna River; then meandering northwest along the Rivanna River to its intersection with the Charlottesville City limits; then following the Charlottesville City limits southwest to its intersection with Monticello Avenue (State Route 20); then south with Monticello Avenue to its intersection with Interstate 64 and Scottsville Road (State Route 20); then south with Scottsville Road to its intersection with Thomas Jefferson Parkway, the point of origin. C. Polling places: Each voting precinct shall have a polling place at the location identified below:. 1. Cale Precinct: Cale Elementary School, 1757 Avon Street Extended. 2. Monticello Precinct: Monticello High School, 1400 Independence Way. 3. Porter's Precinct: Yancey Elementary School, 7625 Porters Road. 4. Scottsville Precinct: Scottsville Elementary School, 7868 Scottsville Road. Milton Road. Stone-Robinson Precinct: Stone-Robinson Elementary School, 958 North (8-19-71, ~ 1; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(1), 8-5-98, § 2-100(5), § 2-105; Ord. 01-2(t), 5-9-01) Sec. 2-106 White Hall Magisterial District. The White Hall Magisterial District shall be bounded, and contain voting precincts and polling places, as follows: A. Description of district: Beginning at the intersection of the unnamed northern branch of the Mechums River and the Albemarle/Nelson County tine; then meandering east along the unnamed branch to its confluence with the Mechums River; then continuing northeast along the Mechums River to its confluence with the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with Reas Ford Road (State Route 660); then north on Reas Ford Road to its intersection with Bleak House Road (State Route 662); then north on Bleak House Road to its intersection with Buck Mountain Road (State Route 665); then northeast on Buck Mountain Road (State Route 665) to its intersection with Buck Mountain Road (State Route 664); then southeast on Buck Mountain Road (State Route 664) to its intersection with Buck Mountain Road (State Route 663); then southeast on Buck Mountain Road (State Route 663) to its intersection with Earlysville Road (State Route 743); then southeast on Earlysville Road to its intersection with Dickerson Road (State Route 606); then north on Dickerson Road to its intersection with Dickerson Lane (State Route 763); then east on Dickerson Lane to its intersection with Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with the Albemarle/Greene County line; then west along the Albemarle/Greene County tine to the Albemarle/Rockingham County line; then southwest along the Albemarle/Rockingham County line to its intersection with the Albemarle/Augusta County line; then south along the Albemarle/Augusta County tine to its intersection with the Albemarle/ 13 Nelson County line; then southeast along the Albemarle/Nelson County line to its intersection with the unnamed northern branch of the Mechums River, the point of origin. B. Voting precincts: The district shall be divided into four (4) voting precincts, as described herein: 1. Brownsville Precinct: Beginning at the intersection of Jarmans Gap Road (State Route 611) and the Albemarle/Augusta County line; then southwest along the Albemarle/ Augusta County line to its intersection with the Albemarle/Nelson County line; then southeast along the Albemarle/Nelson County line to its intersection with the unnamed northern branch of the Mechums River; then east along the unnamed northern branch of the Mechums River to its confluence with the Mechums River; then meandering northeast along the Mechums River to its intersection with the CSX Railway right-of-way; then west along the CSX Railway right-of-way to its intersection with Crozet Avenue (State Route 240); then south on Crozet Avenue to its intersection with Jarmans Gap Road (State Route 691); then west on Jarmans Gap Road (State Route 691) to its intersection with Jarmans Gap Road(State Route 611); then northwest on Jarmans Gap Road (State Route 611) to its intersection with the Albemarle/Augusta County line, the point of origin. 2. Crozet Precinct. Beginning at the intersection of Jarmans Gap Road (State Route 611) and the Albemarle/Augusta County line; then northea~st with the Albemarle/Augusta County line to its intersection with the Albemarle/Rockingham County line; then northeast with the Albemarle/Rockingham County line to its intersection with the gate on Skyline Drive where Jones Fall Run and the Falls Trail originate; then east with Jones Fall Run to its confluence with Doyles River;, then meandering southeast with the Doyles River to its intersection with Blackwells Hollow Road (State Route 810); then west along Blackwells Hollow Road to its intersection with Browns Gap Turnpike (State Route 810); then south on Browns Gap Turnpike to its intersection with the Moormans River; then meandering east with the Moormans River to its intersection with Milling, ton Road (State Route 671); then southwest on Mitlington Road to its intersection with Garth Road (State Route 614); then southeast on Garth Road to its intersection with the Mechums River; then meandering southwest with the Mechums River to its intersection with the CSX Railway right-of-way; then west along the CSX Railway right-of-way to its intersection with Crozet Avenue (State Route 240); then south on Crozet Avenue to its intersection with Jarmans Gap Road (State Route 691); then west on Jarmans Gap Road (State Route 691) to its intersection with Jarmans Gap Road (State Route 611); then northwest on Jarmans Gap Road (State Route 61 t) to its intersection with the Albemarle/Augusta County line, the point of origin. 3. Earlysville Precinct: Beginning at the intersection of Seminole Trail (U.S. ,Rout`e 2..9) and the Albemarle/Greene County line; then west with the Albemarle/Greene County nne to its intersection with Dyke Road (State Route 810); then south on Dyke Road to its intersection with Markwood Road (State Route 664); then south on Markwood Road to its intersection with Davis Shop Road (State Route 671); then southwest on Davis Shop Road to its intersection with Buck Mountain Creek; then meandering southeast with Buck Mountain Creek to its confluence with the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with Reas Ford Road (State Route 660); then north on 14 Reas Ford Road to its intersection with Bleak House Road (State Route 662); then north on Bleak House Road to its intersection with Buck Mountain Road (State Route 665); then northeast on Buck Mountain Road (State Route 665) to its intersection with Buck Mountai~ Road (State Route 664); then southeast on Buck Mountain Road (State Route 664) to its intersection with Buck Mountain Road (State Route 663); then southeast on Buck Mountain Road (State Route 663) to its intersection with Earlysville Road (State Route 743); then southeast on Earlysville Road to its intersection with Dickerson Road (State Route 606); then north on Dickerson Road to its intersection with Dickerson Lane (State Route 763); then east on Diekerson Lane to its intersection with Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with the Albemarle/Greene County line, the point of origin. 4. Free Union Precinct: Beginning at the Albemarle/Rockingham/~eene County line; then southwest with the Albemarle/Rockingham County line to its .int~section with the gate on Skyline Drive where Jones Fall Run and the Falls Trail originate; then east with Jones Fall Run to its confluence with the Doyles River; then meandering southeast with the Doyles River to its intersection with Blackwells Hollow Road (State Route 810); then west along Blackwe!ls Hollow Road to its intersection with Browns Gap Turnpike (State Route 810); then south on Browns Gap Turnpike to its intersection with the Moormans River; then meandering east with the Moormans River to its intersection with Millington Road (State Route 671); then southwest on Millington Road to its intersection with Garth Road (Stale Route 614); then southeast on Garth Road to its intersection with the Mechums River; then meandering northeast with the Mechums River to its confluence with the Moormans River where they form the South Fork Rivanna River; then meandering east with the South Fork Rivanna River to its confluence with Buck Mountain Creek; then meandering northwest with Buck Mountain Creek to its intersection with Davis Shop Road (State Route 671); then northeast on Davis Shop Road to its intersection with Markwood Road (State Route 664); then nOrth on Markwood Road to its intersection with Dyke Road (State Route 810); then north on Dyke Road to its intersection with the Albemarle/Greene County line; then west with the Albemarle/Greene County line to its intersection with the Albemarle/Roekingham/Greene County line, the point of origin. C. Polling places: Each voting precinct shall have a polling place at the location identified below: Turnpike. o o Mountain Road. Brownsville Precinct: Brownsville Elementary School, 5870 Rockfish Gap Crozet Precinct: Crozet Elementary School, 1407 Crozet Avenue. Earlysville Precinct: Broadus Wood Elementary School, 185 Buck Union. Free Union Precinct. Free Union Baptist Church, Millington Road, Free (8-19-71, § 1; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(I), 1-11-95; Ord. 98-A(1), 8-5-98, § 2q00(6), § 2q06; Ord. 01-2(D, 5-9-01) 15 Sec. 2-1087 Central absentee voter election district. There is hereby established a central absemee voter election district in the Albemarle County Office Building, 401 Mclntire Road, Charlottesville, for the purpose of receiving, counting and recording absentee ballots in ali elections. (11-14-84; Code 1988, § 6-9; Ord. 98-A(1), 8-5-98, § 2-t08; Ord. 01-2(1), 5-9-01) State law reference-Establishment of central absenta rotor oloaion dislricts, Va. Code § 24.2-712, as mnende& BE IT FURTHER ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that the effective date ofthis ordinance shall be June 13, 2001. I, Ella W. Carey, do hereby certify that the fOregoing writing is a tree, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of .six to zero, as recorded below, at a regular meeting held on May 9, 2001. Aye Nay Mr. Bowerman y_ Mr. Dorrier y Ms. Humphris y_ Mr. Martin y Mr. Perkins y. . Ms. Thomas y . . 16 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY 05-04-0 A08:44 IN AGENDA TITLE: 2001 Redistricting Ordinance SUBJECT/PROPOSAL/REQUEST: Adoption of 2001 Redistricting Ordinance AGENDA DATE: May 9,2001 ITEM NUMBER: INFORMATION: IN FORMATION: ACTION.: X CONSENT AGENDA: ACTION: ATTACHMENTS: Redistricting Guidelines; Redistricting Map Plan C; 2001 Redistric. Jtina~istricting STAFF CONTACT(S): Ordinance Tucker, Davis, Harris, Weaver REVIEWED BY: BACKGROUND: On April 4, 2001 the Board of Supervisors, after holding a work session, accepted a proposed redistricting map as the basis for a Redistricting Ordinance to be advertised for a public hearing on May 9, 2001. The map, identified as Redistricting Plan C, is a hybrid plan of tWo redistricting plans considered by the Board during the work session. This action was in accord with the schedule approved by the Board on February 7, 2001 which had established a timeline for the redistricting process. The Board previously, in accordance with its adopted schedule, approved preliminary guidelines to be used in preparing 2001 redistricting plans on February 7th, had the staff redistricting work group hold a public meeting to obtain input on those guidelines and any other redistricting issues on February 26t~, and approved final redistricting guidelines after a work session on March 7, 2001. Proposed polling places and precinct boundaries presented and discussed with the Board on April 11"~ have been incorporated into the proposed Redistricting Ordinance an d maps. DISCUSSION: The published Census information reflects the County population to be 79,236 people. Upon inspection of Census block information relating to University of Virginia property in the County, it has been determined that there has been a counting error of at least 4,876 persons. County staff has adjusted the Census data by 4,876 persons for purposes of proceeding with the redistricting. A correction of the Census count will be pursued as soon as possible to officially correct the Census error. 2,493 people have been added to the Jack Jouett District count and 2,383 have been added to the Samuel Miller District count. The adjusted County population is 84,112. It is likely that the Jack Jouett numbers are still under counted. Staff will be filing an appeal to the Census Bureau after additional data ~s received and analyzed to assure that the County population is property counted to the extent possible. The population range for redistricting based on a County population of 84,112 is plus or minus 5% of 14,019. The range for the new districts, therefore, is 13,318 to 14,720 people. The Census data, adjusted for redistricting purposes, shows the population in the existing and proposed districts, as follows: Existing Proposed Rio District Jack Jouett District Samuel Miller District Scottsville District Rivanna District White Hall District 12,451 13,745 11,474 (a~usted by +2,493) 14,342 13,632 (a~usted by +2,383) 13,819 14,226 14,642 18,904 13,861 13,425 13,703 Redistricting Plan C, incorporated into the proposed Redistricting Ordinance, complies with all legal requirements and meets the Board's adopted Redistricting Guidelines and Precinct and Polling Place Guidelines. RECOMMENDATION: Staff recommends that at the conclusion of the May 9, 2001 public hearing that the Board adopt the attached Redistricting Ordinance. The effective date of the Ordinance is proposed to be June 13, 2001 to allow any statewide primary held on June 12~h to be held in the current district precincts and polling places. 01.102 County of Albemarle Virginia N o 1 2 3 4MIL~ ~1 2 3 4 ~ 6 KILOMLrmaS THr$ MAP 1S ~TFAVDF~D FOR DISPLAY PU!OJ~SE$ ONLY. OF PROPOSED MAGISTERL DISTRICTS AND VOTIN PRECINCTS - PLAN Prepared April 23, 2001 PROPOSED PRECINCr BOUICr PROPOSED POLLING SITES ~ SCHOOL BOARD MEaMBE~ PRIMARY ROADS {~ INTERSTATE HIGHWAY SECONDARY ROADS : : : , RAILROADS ~ U,S. HIGHWAY STREAMS ~ VA. PRIMARY HIGHWAY ..... COUNTY BOUNDARY INCORPORATED TOWN ~ VA. SECONDARY HIGHWA' OR CITY BOUNDARY pP~PA RED BY-' ALBE, MARJ~ COLr/gTY - OFFICtg OF Mu~PPING, GRAPHICS AND BgFONMATION Jack Jouett Rio Rivanna Samuel Miller Scottsville White Hall Attachment to 05/09/01 Executive Summary Redistrictinq Guidelines Redistricting Guidelines: 1. Maintain six magisterial districts; 2. Contain both urban and rural segments of the County in each district; 3. Minimize changes to existing magisterial district boundaries; 4. Establish population equality within a deviation of +/- 5%; 5. Maintain geographical compactness; 6. Maintain geographical contiguity; 7. Preserve communities of interest, including neighborhoods, within the same district; 8. Avoid the pairing of incumbent Board of Supervisors or School Board members in the same district; 9. Provide for voter convenience and effective administration of elections to the greatest extent possible (including locating appropriate polling places and creating property sized precincts within each district); 10. Avoid splitting of census blocks to assure accuracy of the data; 11. Provide clearly defined and observable district and precinct lines which include roads, rivers, and other permanent features recognized on official maps; 12. Assure that the change in districts does not have the effect of denying or abridging the right to vote on account of race, color, or membership in a language minority group; and 13. Avoid splitting precincts with Virginia Senate and House of Delegate district lines and United States House of Representatives district lines (if these lines are not established prior to Board action, the lines may have to be adjusted prior to 2002 elections). Precinct and Polling Place Guidelines: 1. Target size to be not more than 2,500 voters; 2. Maintain easily identifiable boundary lines (including streams, ridges, railroads, primary roads, but avoiding secondary roads, if possible). 3. Provide a central location within a precinct so that the maximum travel time for a voter does not exceed 20 minutes; 4. Locate within a public building, if practicable; 5. Maintain accessibility pursuant to Americans with Disabilities Act stand ards; 6. Maintain existing polling places, where possible; and 7. Provide accessibility to public transportation, where appropriate. ORm ANCE NO. 01-2(1) AN ORDINANCE TO AMEND CHAPTER 2, ADMINISTRATION, ARTICLE I, ELECTIONS, 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 2, Administration, Article I, Elections, is hereby amended and reordained as follows: By Adding: Sec. 2-100 Sec. 2-101 Sec. 2-102 See. 2-103 Sec. 2-104 Sec. 2-105 Sec. 2-106 Establishment and boundaries of magisterial districts, election districts, precincts and polling places. Jack Jouett Magisterial District. Rio Magisterial District. Rivanna Magisterial District. Samuel Miller Magisterial District. Scottsville Magisterial District. White Hall Magisterial District. By Repealing: Sec. 2-100 Sec. 2-101 Sec. 2-102 Sec. 2-103 Sec. 2-104 Sec. 2-105 Sec. 2-106 Sec. 2-107 Establishment and boundaries of magisterial and election districts. Voting precincts-Rio Magisterial District. Voting precincts--Jack Jouett Magisterial District. Voting precincts--Rivanna Magisterial District. Voting precincts--Samuel Miller Magisterial District. Voting precincts--Scottsville Magisterial District. Voting precincts--White Hall Magisterial District. Establishment of voting facilities. By Amending: Sec. 2-108 Central absentee voter election district. ARTICLE I. ELECTIONS Sec, 2-100 Establishment and boundaries of magisterial districts, election districts. precincts and polline nlaees. The county shall be divided into six (6) mag. isterial districts, which shall be named and bounded as described in this article, and Which shall be the election districts for the county within the meaning, of Vir~_inia Code .~ 15.2-12.1I. Each election district shall contain votine precincts and l~ollin_e vlaces as described in this article. Sec. 2-101 Jack Jouett Magisterial District. The Jack Jouett Magisterial District shall be bounded, and coniain voting precincts and polling places, as follows: A. Description o. fdistrict: Beg. inning at the intersection of Seminole Trail (U.S Route 29) and Greenbrier Drive; then northwest on Greenbrier Drive to its intersection with Whitewood Road; then west on Whitewood Road to its intersection with Hydraulic Road (State Route 743); then northeast along Hydraulic Road to its intersection with Earlysville Road (State Route 743); then north on Earlysville Road to its intersection with the South Fork Rivanna River; then meandering north and west along the South Fork Rivanna River to its confluence with the Mechums River; then meandering southwest.along., .the Mechums River to its intersection with Garth Road (State Routes 614, 676 and 601); then east and south on Garth Road to its intersection with Ivy Creek; then west and south along Ivy Creek to its intersection with Old Ballard Road (State Route 677); then south along Old Ballard Road to its intersection with Broomley Road (State Route 677); then south on Broomley Road to its intersection with the CSX Railway. right-ot-way; then east along the railway to !ts intersection with U.S. Route 29/250 Bwass: then south along the U,S. Route 29/250 Bypass to its intersection with U.S. Route 250 Business; then east on U.S. Route 250 Business to its intersection with Reed Lane; then south on Reed Lane to Lewis Mountain. Parkway; then south on Lewis Mountain Parkway to its intersection with the fire road connecting Edgemont Road and Lewis Mountain Parkway; then south along said fire road to its intersection with Edgemont Road; then south on Edgemont Road to its intersection with McCormick Road; then east on McCormick Road to its intersection with Alderman Road; then south on Alderman Road to its intersection with the limits ofthe City of Charlottesville; then meandering north and east along the limits of the City. of Charlottesville to its intersection with Seminole Trail (U.S. Route 29); then north on Seminole Tra~ to its intersection with Greenbrier Drive, the.point of origin. B, Voting precincts: The district shall be divided into three (3) votingrprecincts, as described herein: 1. Georgetown Precinct: Beginning at the intersection of Seminole.Trail (U.S. Route 29) and Greenbrier Drive; then northwest on Greenbrier Drive to its intersection with Whitewood Road; then west on Whitewood Road to its intersection with Hydraulic Road (State Route 743); then south, on Hydraulic Road to its intersection with Georgetown Road (State Route 656); then southwest on Georgetown Road to its intersection with Barracks Road (State Route 654);. then southeast along Barracks Road to its intersection with the western limits of the City of Charlottesville; then following the Charlottesville City limits north and east to the intersection of Seminole Trail (U.S. Route 29]; then north on Seminole Trail to its intersection with Greenbrier Drive, the point of origin, 2. Jack Jouett Precinct: Beginning at the western limits of the City of Charlottesville and its intersection with Ban'acks Road (State Route 654)¢ then northwest ~ong Barracks Road to its intersection with Georgetown Road (State. Route 656); then northeast on Georgetown Road to its intersection with Hydraulic Road (State Route 743); then northeast along Hydraulic Road to its intersection with Earlysville Road (State Route 743); then north on Earlysville Road to its intersection with the South Fork Rivanna River; then meandering north and west along., the South Fork Rivanna River to its confluence with the Mechum.q River; then meandering southwest along the Mechum.q River to its intersection with Garth Road (St~. Routes 614, 676, and 601); then east and south on Garth Road to its intersection with Ivy Creek; then west and south along Ivy. Creek to its intersection with Old Ballard Road (State Route 677); then south along Old Ballard Road to its intersection with Broomley Road (State Route 677); then south on Broomley Road to its intersection with the CSX Railway right-of-way; then east along the railway to its intersection with.U.S. Route 29/250 Bvp. ass; then northeast on U.S. Route 29/250 B.'.~ass to its intersection with the western limits of the City of Charlottesville and Barracks Road, the point of origin. 3. Universi~ Hall Precinct:. Beg~ at,the intersection of the u,S. Route 29~250 Bypass and the northwestern city limits; then south with the cry limits to its intersection with Alderman Road;. then north on Alderman Road to its intersection wi~h McCormick Road; then west on McCormick Road to its intersection with Edgemont Road; then northwest on Edgemont Road to its intersection.with the fire road connexXing Edgemnnt Road and Lewis Mountain Parkway; then north on said fire road to its intersection with Lewis Mountain Parkway: then north on Lewis Mountain Pkwy to its intersection with. Reed Lane; then north on Reed Lane toits intersection with U.S..Route 250 Business; then west on U.S. Route 250 Business to its intersection with U.S. Route 29/250 B.vpass; then northeast on U.S. Route 29/25.0 Bvoass to its intersection with the northwestern city., limits, the point of origin. C. Polling places: Each voting precinct shall have a polling place at the location identified below: I. Geor. e. etown Precinct: Albemarle High School, 2775 Hydraulic Road. 2. Jack Jouett. Precinct: Jack. Jouett Middle School 210 Lambs Lane. 3.. UniversiW. Hall Precinct:.University HalL. 300 Massie Road. (8-19-71, § 1; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(1), 8-5-98, § 2-t00(2), § 2-102; Ord. 01-2(1), 5-9-01) Sec. 2-102 Rio Magisterial District. The Rio Magisterial District shall be bounded, and contain voting precincts and polline places, as follows: A... Description of district. Beginning at the intersection of the South Fork Rivanna River and its intersection with the northeastern limits of the City of Charlottesville; then meandering north and west along, the South Fork Rivanna River to its intersection with Seminole Trail (U,8. Route 29): then northeast along.. Seminole Trail to its intersection with theNorth Fork Rivanna River; then meandering along the North Fork Rivanna River northwest to its intersection with Dickerson Road (State Route 606); then south along Dickerson Roadto its intersection with Earlysville Road (State Route '743); then northwest along Earlysville Road to its intersection with Buck Mountain Road (State Route 663); then northwest along Buck Mountain Road (State Route 663)to its intersection with Buck Mountain Road (State Route 664); then northwest along Buck Mountain Road (State Route 664) to its intersection with Buck Mountain Road (State Route 665); then southwest along Buck Mountain Road (State Route 665) to. its intersection with Bleak House Road (State Route 662); then south along Bleak House Road to its intersection with Reas Ford Road (State Route.660); then south along Reas Ford Road to its intersection.with the South Fork Rivanna River; then meandering southeast along the South Fork Rivanna River to its intersection with Earlysville Road .(.State Route 743); then south along Earlysville Road to its intersection with Hydraulic Road (State Route 743); then southwest along Hydraulic Road to its intersection with Whitewood Road; then east on Whitewood Road to its intersection with Greenbrier Drive; then east on Greenbrier Drive to. its intersection with Seminole Trail (U.S. Route 29); then south on Seminole Trail to its intersection with the northern limits of the City ot Charlottesville; then following the limits of the City of Charlottesville east to its intersection with the South Fork Rivanna River, the point .of origin. B.. Voting precincts: The district shall be divided into five (5) voting precincts, as described herein: 1.. A..enor-Hurt Precinct: Beginning at Seminole Trail .(U.S. Route 29) and its intersection with Greenbrier Drive; then northeast along Seminole Trail to its.interseCtion with the South Fork Rivanna River: then meander[ne west and south alone the South Fork Rivanna River to its .intersection with Earlysville Road .(State Route 743 ); then south along Earlysville Road to its intersection with Hydraulic Road (State Route 743); then southwest along Hydraulic Road to its intersection with Whitewood Road: then east on Whitewood Road to its intersection with Greenbrier Drive; then east along Greenbrier Drive to its intersection with Seminole Trail, the point of origin. 2.. Branchland$ Precinct: Beginning at the northern city limits of Charlottesville and its intersection with Rio Road East (State Route 631) and the Southern Railroad right-of-way; then northwest on Rio Road East to its intersection .with Seminole Trail (U.S. Route 29); then south on. Seminole Trail to the northern city limits of Charlottesville; then east with the city limits to its intersection with the Southern Railroad right-of-way and Rio Road East, the point oforig~ 3.. Dunlora Precinct: Beginning at Rio Road East (State Route 63D at its intersection with the Southern Railroad.right-of way; then northeast along, the Southern Railroad right-of-way to its intersection with the South Fork Ri.vanna River; then meandering, southeast along the South Fork Rivanna River to its intersection with the Charlottesville City limits; then following northwest, along the Charlottesville City limits to the intersection with Rio Road East and the Southern Railroad fight-of-way, the .noint of origin. 4,.. Northside Precinct: Beginning at the intersection of Seminole Trail (U.S. Route 29) and the South Fork Rivanna River; then northeast on Seminole Trail to its intersection with the North Fork Rivanna River; then meandering northwest to its intersection with Dickerson Road (State Route 606),; then south along Dickerson Road to its intersection with Earlysville Road (State Route 743); then northwest along Earlysvi!le Road to its intersection with Buck Mountain Road (State Route 663); then northwest along Buck Mountain Road (State Route 663) to its intersection with Buck Mountain Road (State Route 664); then northwest along Buck Mountain Road (State Route 664) to its intersection with Buck Mountain Road (State .Route 665): then southwest along Buck Mountain Road (State Route 665) to its intersection with Bleak House Road (State Route 662); then south along Bleak House Road to its intersection with Reas Ford Road (State Route 660):; then South along Reas Ford Road to its ,intersection with the South Fork Rivanna River; then meandering eastward to its intersection .with Seminole Trail (U.S Route 29), the point of origin. 5. Woodbrook Precinct:. Beginning at the northern city limits of Charlo~esville and its intersection with Rio Road East (State Route 631) and the Southern Railroad right-of-way; then northeast with the $ot~-hern Railroad right-of-way to its intersection with the South Fork Rivanna River; then meandering northwest with the South Fork Rivanna River to its intersection with Seminole Trail (U.S. Route 29); then south on Seminole Trail to its intersection with Rio Road East (State Route 631); then southeast on Rio Road East to its intersection with the Southern Railroad right-of-way and the northern city limits of Charlottesville, the point of origin. C. Polling places: Each voting precinct shall have a polling place at the location identified below: Drive. 1. A..enor-Hurt Precinct: Agnor-Hurt Elementary School, 320I Berkmar 2. Branchlands Precinct: Senior Center, 6.74 Hillsdale Drive. 3. Dunlora Precinct: Charlottesville-Albemarle Technical Education Center, 1000 East.Rio Road. 4. Northside Precinct: Northside Community Fellowship Church, 1820 Airport Road. Drive. 5. , Woodbrook Precinct: Woodbrook Elementary School, 1 O0 Woodbrook (8-19-71, § 1; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(1), 8-5-98, § 2-100(1), § 2-101; Ord. 01-2(1), 5-9-01) Sec. 2-103 Rivanna Maeisterial District. The Rivanna Magisterial District shall be bounded, and contain voting-precincts and .nolling, places, as follows: A. Descr(t~tion o.£district: Beginning at the intersection of Interstate 64 and the Albemarle/Fluvanna County line; then northeast along the Albemarle/Fluvanna County line to its intersection with the Albemarle/Louisa County line; then northeast along the Albemarle/Louisa County line to its intersection with the Albemarle/Orange. County line; then west along the Albemarle/Orange County. line to its intersection with the Albemarle/Greene CounW line; then west along the Albemarle/Greene County line to .its intersection with Seminole Trail .(U.S. Route 29): then southwest on Seminole Trail to its intersection with Dickerson Lane (Slate Route 763); then west on Dickerson Lane to its intersection with Dickerson Road (State Route 606); then south on Dickerson Road to its intersection with the North Fork Rivanna River; then southeast along the North Fork Rivanna River to its intersection with Seminole Trail (U.S. Route 29); then south along Seminole Trail to its intersection with the South Fork RiVanna. River; then meanderine southeast along the South Fork Rivanna River to its confluence with the North Fork Rivarma River and Rivanna River; then meandering southeast along the. Rivanna River to its intersection with Interstate 64; then following Interstate 64 east to its intersection with the AlbemarleJFluvanna County line, the point of origin. B. Voting precincts: The district shall be divided into five (5) voting precincts, described herein: 1. Burnley Precinct: Beginning at the intersection of Seminole Trail (U,S. Route 29) and.the AIbemarle/Greene County. line; then southeast along, the: Albemarle/Greene County. line to its intersection with the Albemarle/Orange County line; then southeast along the Albemarle/Oran.ee County.line to its intersection with the Southern Railway right-of-way; then southwest along the Southern Railway right-of-way to its.intersection with the North Fork Rivanna River; then meandering, northwest along the North Fork Rivanna River to itq intersection with Dickerson Road (State Route 606~; then northeast on Dickerson Road to its intersection with Dickerson Lane (State Route 763); then east on Dickerson Lane to Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with the Albemarle/Greene County line, the point of origin, 2. Free.Bri~e.e Precinct:..Beginning at the confluence of the Rivanna River and Redbud Creek; then east with Redbud Creek to its origin near the ridge of Wolfpit Mountain of the Southwest Mountain range; then southwest with the ridge line of the Sonthwest Mountain range to its intersection with the origin of Barn Branch; then southeast with.Barn Branch to its intersection with Interstate 64; then west on Interstate 64 to its intersection with the Rivanna River: then meandering northwest with the Rivanna River to its confluence with Redbud Creek, the point of origin. 3. Hol!vmeadPrecinct: Beginnine at the intersection of the Southern Railroad right-of-way and the. South Fork Rivanna River; then meandering northwest with the South Fork Rivanna River to its intersection with Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with the North Fork Rivanna River; then meandering southeast along the North Fork Rivanna River to its intersection with the Southern Railroad right-of-way; then southwest with the. Southern Railroad right,of-way to its intersection with the South Fork Rivanna River. the ~oint oforie 4. Keswick Precinct:. Beginning at the intersection of the Albemarle/Orange/ Louisa County line: then southwest with the Albemarle/Louisa CounE,~ line to its intersection with the Albemarle/Fluvanna County line; then southwest with the Albemarle/Fluvarma County line to its intersection with Interstate 64; then west on Interstate 64 tO its intersection with Barn Branch; then northwest with Barn 'Branch tO its origin near the ridge of the Southwest Mountain range; then northeast with the ridge line of the Southwest Mountain Range to its intersection with the Alt.emarle/Orange County line: then east with the Albemarle/Orange County line to its intersection with the Albemarle/Orange/Louisa County line, .the point of origin. 5. Sto~. Point Precinct: Beginning at the intersection of the South Fork Rivanna River and.the Southern Railroad rig. ht-of-way; tben.meanderin! ~ southeast to its confluence with the North Fork Rivarma River and Rivanna River; then meanderin~ south alon~ theRivanna River to its confluence with Redbud Creek; then east with Redbud Creek to its origin near the ridge of Wolfpit Mountain of the Southwest Mountain range; then northeast with the ridgeline of the Southwest Mountain range to its intersection with the Albemarle/Orange County line; then west with the Albemarle/Orange County line to its intersection with the Southern Railroad right-of-way; then southwest with the Southern Railroad right-of-way to its intersection with the South Fork Rivanna River, the point of origin, C. .PoIlingplaces: Each voting precinct shall have a polling place at the location _identified below: I. Burnl~.. Precinct: Bethel Baptist .Churck 540t Watts Passage. 2. Free Bride. e Precinct: Elk's Lodge Hall,. 389 Elk Drive. Drive. 3.. Hol!vmead Precinct: Hollymead Elementary School, 2775 Powelt Creek 4. Keswick Precinct: Union Grove Baptist Church,. 471 Black Cat Road, Road. 5. Stony Point Precinct', Stony Point Elementary School 3893 Stony Point (8-19-71, § 1; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(1), 8-5-98, § 2-100(3), § 2-103; Ord. 01-2(1), 5-9-01) Sec. 2-104 Samuel,Mffier Magisterial District. The Samuel Miller Magisterial District shall be bounded, and contain voting precincts and polline places, as follows: A. Deser(vtion of district: Beginning at the intersection of the Mechums River and Garth Road (State Route 614); then east on Garth Road (State Route 614) to its intersection with Garth Road (State Route 676); then southeast on Gm-th Road (State Route 676) to its intersection with Garth Road (State Route 601); then southeast on Garth Road (State Route 601) to its intersection with Ivy.. Creek; then meandering southwest with Ivy Creek to its intersection with Old Ballard Road (State Route 677); then southeast on Old Ballard Road to its intersection with Broomley Road (State Route 677); then south on Broomley Road to its intersection with the CSX Railway right-of, way; then east along the CSX Railway right-of-way to its intersection with the U.S. Route 29/250 Bypass; then south on U.S. Route 29/250 Byp. ass to its intersection with U.S. Route 250 Business; then east on U.S. Route 250 Business to its intersemtion with Reed Lane: then south on Reed Lane to Lewis, Mountain Parkway; then south on Lewis Mountain Parkway to its intersection with the fire road connecting Edgemont Road and Lewis Mountain Parkway; then south along said fire road to its intersection with Edgemont Ro~d_; then south on Edgemont Road to its intersection with M6Cormick Road; then east on McCormick Road to its intersection with Alderman Road; then south on Alderman Road to its inter.section with the limits of the City of Charlottesville;. then following the Charlottesville City limits west and south to the intersection with Sunset Avenue Extended (State Route 781); then south on Sun,qet Avenue Extended to its intersection with Mountainwood Road; then east on Mountainwood Road to its intersection with Old Lynchburg Road (State Route 780); then south on Old Lynchburg (State Route 780) to Old Lynchburg Road (State Route 631); then south on Old Lynchburg. Road (State Route 631) to its intersection with a western branch of Biscuit Run,. then east along a western branch of Biscuit Run to its confluence with Biscuit Run; then south on Biscuit Run tO its confluence with an eastern branch of Biscuit Run; then continuing east along the eastern branch of Biscuit Run to its intersection with Scottsville Road (State Route 20); then south On Scottsville Road to its intersection with Red Hill Road (State Route 708); then immediately west on Red Hill Road to its intersection with the North Fork.Hardware River; then meandering southwest on the North Fork Hardware River to its confluence with the Hardware River and the South Fork Hardware River; then southwest along the South Fork Hardware River to it.q confluence with Eppes Creek; then southwest on Eppes Creek to its confluence with Beaver Branch: then meandering southwest.on Beaver Branch to its intersection with Plank Road(State Route 712); then west on Plank Road to its intersection with Alberene Road (State Route 719); then south on Alberene Road to its intersection with Secretarys Sand Road (State Route 717); then southwest on Secretarys Sand Road to its intersection with Green Creek Road (State Route. 630); then west on Green Creek Road to its intersection with Bnngletown. Road; then northwest on Bungletown Road to its intersection with Barbershop Hill Road: then southwest alom, Barbershop Hill Road to its intersection with Appleberry Mountain Trail; then southwest along Appleberrv Mountain Trail to its intersection with the unnamed southern tributary of. Bear Creek; then meandering southwest along the unnamed southern tributary, of Bear Creek to its. confluence with Bear Creek; then continuing southwest along Bear Creek to its intersection with the Albemarle/Nelson County line; then northwest along the Albemarle/Nelson Coumy line to the_. unnamed no~ branch of the Mechums River: then east alone the unnamed northern branch of the Mechums River to its confluence with the Mechum.q River; then meandering northeast along, the Mechums RiVer to its intersection with Garth Road,. the point.ofori?,'n~ B. Voting t~recincts: The district shall be divided into four (4) votin~ t>recincts, described herein: ....... 1. Country.. Green Precinct: Beginning at Sunset Avenue Extended (State Route 781) and the underpass of Interstate 64; then south on Sunset Avenue Extended to.its intersection with Mountainwood Road; then east on Mountainwood Road to its intersection with Old L.vnchburg Road (State Route 780); then south on Old Lynchburg Road (State Route 780) to Old Lynchburg Road (state. Route 631); then south on Old Lvnchburg Road (State Route 631) to its intersection with a western branch of Biscuit Run, then east along a western branch of Biscuit Run to its confluence with.Biscuit Run; then south on Biscuit Run to its confluence with an eastern branch of Biscuit Run; then continuing east along this eastern branch of Biscuit Run m its intersection with Scottsvitle Road (State Route 20); then south on Scottsville Road to its intersection .with Red Hill Road (State Route 708); then northwest on Red Hill Road to its intersection with the SouthemRailway right-of-way; then northeast along the Southern Railway r'.mht-of-wav to its intersection with Interstate 64', then southeast on Interstate 64 to its underpass at Sunset Avenue Extended, the point of origin. 2.. East I~ Precinct. Beginning at the intersection of the western limits, of the Ci .ty. ~of Charlottesville and Sunset Avenue Extended (State Route 781); then south alone sun~t Avenue Extended to its intersection with Interstate 64; then west on Interstate 64 to its intersection with Dick Woods Road (State RoUte 637); then north on Dick Woods ~Road to its intersection with Bloomfield Road (State Route 677); then northeast on Bloomfield Road to its intersection with U.S. Route 250; then east alone U.S. Route 250 to its int. ersection with Broomley Road (State Route 677); then north on .... Broomlev Road to ~ts'. intersection' ' with the CSX Railway right-of-way; then east alone the CSX Railway rieht-of-wav to its intersection with U.S. Route 29/250 B.vpass; then south on U.S..Route 29/250 Bypass to its intersection with U.S, Route 250 Business; then.east on U.S. Route 250 Bu.qinessto its intersection, with Reed.Lane; then south on Reed Lane to LewiS Mountain Parkway; then south on Lewis Monntain Parkway to its intersection with the fire road connectine Edgemont Road and Lewis Mountain Parkway; then south along said fire road to its intersection with Edgemont Rrm_d; then south on Edgemont Road to its. intersection with McCormick Road: then east on McCormick Road to its intersec.tion with Alderman Road; then south on Alderman Road to its .intersection with the limits of the City. of Charlotteswille; then following the Charlottesville City limits west and somh to the intersection with Sunset Avenue Extended~ the point of origin- 3. Ivy Precinct: Beginning at.the intersection ofthe Mechums River and Garth Road (State Route 614): then east on Garth Road (State Route 614)to. its intersection with Garth Road (State Route 676): then southeast on Garth Road (State Route 676) to its intersection with Garth Road (State Route 601); then southeast on Garth Road (State Route 601) to its intersection with Ivy. Creek; then meandering southwest with Ivy Creek to its intersection with Old Ballard Road (State Route 677); then southeast on Old Ballard Road to its intersection with Broomley Road (State Route 677); then south on Broomlev Road to its intersection with U.S. Route 250; then west on U.S. Route 250 to its intersection with Bloomfield Road (State Route 67~; then southwest on Bloomfield Road to its intersection with Dick Woods Road (State Route 637): then southwest on Dick Woods Road to its intersection with Interstate 64; then west on Interstate 64 to its intersection with the Mechums River; then meandering northeast wi~ the Mechums River to its intersection with Garth Road, the point of origin. 4. .. Red Hill Precinct: Beginning at the intersection of Interstate 64 and the Mechums River: then meandering southwest along the Mechums River to its confluence with the unnamed, northern branch of the Mechmas River: then continuin~ west along., the unnamed northern branch of the Mechums River to the Albemarle/Nelson County. line; then southe,~ alongr the Nelson County. line to its intersection with Bear Creek: then meandering northeast along Bear Creek to its.conflUence with an unnamed southern tributary orBear Creek; then continuing northeast along the unnamed tributary, to its intersection with Apple~t~ry Mtn_ Trail; 9 then northeast along Appleberry Mm. Trail to its intersection with Barbershop Hill Road; then northeast on Barbershop Hill Road to its intersection with Bungletown Rood; then southeast on Bungletown Road to its intersection with Green Creek Road (State Route 630); then east on Green Creek Road to its intersection with Secretarys Sand Road (State Route 717); briefly northeast on Secretarys Sand Road to its intersection withAlberene Road (State Route 719); then n0rth on Alberene Road to its intersection with Plank Road (State Route 712); then ea~ on Plank Road to its intersection with Beaver Branch; then meandering northeast on Beaver Branch to its confluence with E..npes Creek; then northeast on Eppes Creek to its confluence with the South Fork Hardware River; then meandering northeast on the South Fork Hardware River to its confluence with the North Fork Hardware River and the Hardware River; then meanderin~ northeast onthe North Fork.Hardware River to its intersection with Red Hill Road (State Route 708); then northwest along Red Hill Road to its intersection with the Southern Railway fight-of- way: then northeast along the Southern Railway right-of-way to its intersection withInterstate 64; then west on Interstate 64 to its intersection with the Mechums River, the.point of origin. C. Polling places: Each voting precinct shall have a polling place at the location ideutified helOw: Country Green Precinct: Berean Baptist Church, 1284 Sunset Avenue Emended. 2. East I~.. Precinct: K .appa Sigma Auditorium, 2445 Ivy Road. Iw Precinct: Meriwether Lewis Elementary School, 1610 Owensville Road 4, Red Hill Precinct: Red Hill Elementary School, 3901 Red Hill School (8-19-71, § 1; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(1), 1-I1-95; Ord. 98-A(1), 8-5-98, § 2-100(4), § 2-104; Ord. 01-2(1), 5-9-01) Sec. 2,105 Scottsviile Magisterial District. The Scottsville Magisterial District shall be bounded, and contain voting precincts and polling., places: as follows: A. Descrtvtion qfdistrict: Beginning at Sunset Avenue Extended (State Route 781) and the southern limits of the City of Charlottesville: then south on Sunset Avenue Extended to its intersection with Mountainwood Road; then east on Mountainwood Road to its intersection with 01d Lynchburg Road (State Route 780); then south on Old L.ynchburg Road (State Route 780) to Old L.vnchburg Road (State Route 631); then south on Old Lynchburg Road (State Route 631) to its intersection with a western branch of Biscuit Rum then east alone a western branch o£Biscuit Run to its confluence with Biscuit Run; then south on Biscuit Run to its confluence with an eastern branch of Biscuit Run; then continuing east alone the eastern branch of Biscuit Run to its intersection with Scottsville Road (State Route 20); then south on Scottsville Road to its intersectiOn with Red Hill Road (State Route 708); then immediately west 10 on Red Hill Road to its intersection with the North Fork Hardware River; then meanderin, southwest on the North Fork Hardware River to its confluence with the Hardware River and the South Fork Hardware River; then southwest along the South Fork Hardware River to it~ confluence with Epees Creek; then Southwest on Eppes Creek to its confluence with Beaver Branch; then meandering southwest on Beaver Branch to its intersection with. plank Road (State Route 712); then west on Plank Road to its intersection with Alberene Road (State Route 7t9); then south on Alberene Road to its intersection with Secretarys Sand Road (State Route .717): then southwest on Secretarys Sand Road to its intersection with Green Creek Road (State Route 630); then west on Green Creek Road to its intersection with Bungletown Road; then northwest on Bungletown Road to its intersection with Barbershop .Hill Road_'. then southwest along Barbershop Hill Road to its intersection with Appleberry Monntain Trail; then southwest along A_~leberry' Mountain Trail to its .intersection with the unnamed southern tribut_a_ry of Bear Creek; then meandering southwest along the unnamed southern tribut_ary of Bear Creek to its confluence with Bear Creek: then continuing southwest along.Bear Creek to, its intersection with the, Albemarle/Nelson County line; then southeast along the Albemarle/Nelson County line to. its intersection with the Albemarle/Buckingham County line; then east along the Albemarle/ Buckingham County line to. its intersection with the Albemarle/Fluvanna County line: then northeast along the Albemarte/Ftuwnna. County line to its intersection with Interstate 64; then west along Interstate 64 to its intersection with the Rivanna River; then meandering northeast along the Rivanna River to its intersection with the. limits of the City of Charlottesville; then following the limits of the City of Charlottesville west to. its intersection with Snn.qet Avenue, the point of origin. B. Voting precincts: The district shall be divided into five (5) voting precmcts, descn'bed herein: 1. Cale Precinct. Beginning at the intersection of Sun~t Avenue Emended (State Route.781) and the southern city limits of Charlottesville; then east with the city limits to its intersection with Monticello Avenue (State Route 20); then somh with Monticello Avenue to its intersection with Interstate 64 and Scottsville Road (State Route 20); then south with Scottsville Road to its intersection with an eastern branch of Biscuit Run; then west along this eastern branch to its confluence with Biscuit Run; then north along Biscuit Run to its confluence with a western branch of Biscuit Run; then west along this western branch to its intersection with old Lynchburg Road (State Route 631): then north on Old Lvnchburg. Road (State Route 63 I) to its intersection with Old Lynchburg Road (State Route 780).; then northwest on Old Lvnchburg Road (State Route 780) to its intersection with Mountainwood Road; then west on Mountainwood Road to its intersection with Sunset Avenue Extended (State Route 781); then north, with Sunset Avenue Extended to its intersection with the southern city limits of Charlottesville, the point of origin. 2. Monticello Precinct: Beginning at the intersection.of Scottsville Road (State Route 20) and .Thomas Jefferson Parkway (State Route 53); then east on Thomas. Jefferson Parkway to the Atbemarle/Fluvanna County. line: then southwest with the Albemarte/Fluvanna County line to its intersection with Rolling Road (State Route 620); then northwest on Rollin .p Road to its intersection with Secretarys Road (State Route 708); then west on Secretarys Road to its intersection with Carters Mountain Road (State Route 62~; then south on Carters Mountain 11 Road to its intersection with Scottsville.Road (State Route 20), then north on Scottsville Road to its intersection with Thomas Jefferson Parkway, the point of origin. 3. Porter's Precinct: Beginning. at the intersection of Warren Ferry. Road (State Route 627) the James River, and the Albemarle/Buckingham County line; then southwest with the Albemarle/Buckingham County line to its intersection with the Albemarle/Nelson County line; then northwest with the Albemarle/Nelson County line to its intersection wi.th Bear Creek; then meanderin~ northeast along.. Bear Creek to its confluence with an unnamed southern tributary of Bear Creek; then continuing northeast alone the unnamed tri~tary, toits intersection with Appleberry Mountain Trail; then northeast alone Appleherry Mountain Trail to its intersection with Barbershop Hill Road; then northeast on Barbershop Hill Road to its intersection with Bungletown Road; then southeast on Bungletown Road to its intersection with Green Creek Road (State Route 630); then east on (keen Creek Road to its intersection.with Secretary. s Sand Road (State Route 7!7): briefly northeast on Secretarys Sand Road to its intersection with Alberenc Road (State Route 719); then north on Alberene Road.to its intersection with Plank Road (State Route 712); then southeast on Plank Road to its intersection with Scottsville Road (State Route 20); then southeast on Scottsville Road to its intersection with Langhorne Road (State Route 626); then southwest on Lang..home Road to its intersection with James River Road (State Route 627); then southeast on.lames River Road to its intersection with Warren Ferry. Road (State Route 627); then south on Warren Ferry Road to its intersection with the James River, the Albemarle/Buckingham County. line, the point oforigin~ 4. Scottsville Precinct. Be~,inning at the intersection,of Rolling Road (State Route 620) and the Albemarle/Fluvanna County line; then southwest with the Albemarle/ Fluvanna County line to its intersection with the James River and the Albemarle/Buckingham County line; then southwest with the Albemarle/Buckingham County line to its intersection with Warren Ferry Road (State Route 627); then north on Warren Ferry Road to its intersection with James River Road (State Route 627):. then northwest on James River Road to its intersection with Lan~horne Road. (State Route 62,6); then northeast on Langhome Road to its intersection with Scottsvitle Road (State Rome 20); then northwest on Scottsville Road to its intersection with Plank Road (State Route 712); then northwest on Plank Road to its intersection with Beaver Branch; then northeast with the Beaver Branch to its confluence with Eppes Creek; then northeast along, Eppes Creek to its confluence with the South Fork Hardware River; then meandering northeast on the South Fork Hardware River to its confluence with the North Fork Hardware River and the Hardware River; then meandering northeast on the North Fork Hardware River to its intersection with Red Hilt Road (State Route 708); then east along., Red Hill Road to its intersection with Scottsville Road (State Route 20); then south alone Scottsville Road to its intersection with Carters Mountain Road (State Rome, 627); then north on Carters Mountain Road to its intersection with Secretarys Road (State Route 708); then east on Seeretarys Road to its intersection with Rolling Road (State Route 620); then southeast on Rolling. Road to its intersection with the Albemarle/Fluvanna County. line, the noint of origin. Stone-Robinson Precinct: Beeinning at the intersection of Scottsville Road (State Route 20) and Thomas Jefferson Parkway (State Route 53); then southeast on Thomas Jefferson Parkway. to its intersection with the Albemarle/Fluvanna County line; then northeast followin~ the Alhemarle/Fluvanna County line to .its intersection with Interstate 64; then west on Interstate 64 to its intersection with the Rivanna Riyer; then meandering northwest alone the 12 Rivanna River to its intersection with the Charlottesville City limits; then. following the Charlottesville City limits southwest to its intersection v~ith Monticello Avenue (State Route 20); then south with. Monticello Avenue to its intersection with Interstate 64 and Scottsville Road (State Route 20); then south with Scottsville Road to its intersection with Thomas Jefferson Parkway,: the point of origin, C. Polling places:.Each voting precinct shall have a polling., place at the location identified below: 1. Cale Precinct: Cale Elementary School, 1757 Avon Street Extended. 2. Monticello Precinct: Monticello. High School, 1400 Independence Way. 3.. .Porter's Precinct. Yancey Elementary.. School, 7625 Porters Road. 4. Scottsville Precinct: Scottswille Elementary School 7868 Scottswille Road. 5. , Stone-Robinson Precinct. Stone-Robinson,Elementary SchooL, 958 North Milton Road. (8-19-71, § 1; 9-5-72; %15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(1), 8-5-98, § 2-100(5), § 2-105; Ord. 01-2(1), 5-9-01) Sec, 2-106 White Hall Magisterial District. The White Hall Magisterial District shall be bounded, and contain voting precincts and poltin_~ _~laces, as follows: A. Description of district: Begi.'nning at the intersection of the unnamed northern branch of the Mechums River and the Albemarle/Nelson County line; then meanderin.e east along the unnamed branch to its confluence with the Mechums River; then continuing northeast along the Mechnms River to its.confluence with the South Fork Rivanna Rive~ then meanderine southeast with the South Fork Rivanna River to its intersection with Reas Ford Road (State Route 660); then north on Reas Ford Road to its intersection with Bleak House Road (State Route 662); then north on Bleak House Road to its intersection with Buck Mountain Road (State Route 665); then northeast on Buck Mountain Road (State Route 665) to its intersection With Buck Mountain Road (State Route 664); then southeast on Buck Mountain Road (State Route 664) to its interaction withBuck Moumain Road (State Route 663); then southeast on Buck Mountain Road (State Route.663) to its intersection with Earlysville Road (State Route 743); then southeast on Earlysville Road to its intersection with Dickerson Road (State Route 606); then north on Dickerson Road to its intersection with Dickerson Lane (State Route 763); then east on Dickerson Lane to its intersection ~with Seminole Trail (U.S.. Route 29); then north on Seminole Trail to its intersection with the Albemarle/Greene County line: then west alone, the Albemarle/Greene County line to the Albemarle/Roekingham County line; then southwest alone the Albemarle/Rockin~ham County line to its intersection with the Albemarle/Au.e.usta County line; then south alone, the Atbemarle/Au.eusta County. tine to its intersection with,the Albemarle/ 13 Nelson County line; then southeast along the Albemarle/Nelson County line to its intersection with the unnamed northern branch of the Mechums River, the point oforigin. B. Voting precincts: The, district shall be divided into four (4) voting precincts, as described herein: 1, .. . Brownsville Precinct: Beginning at the intersection of Jarmans Gap Road (State Route 611) and the Alhemarle/Au..eusta County line; then southwest along., the Albemarle/ Augusta County line to its intersection with the Albemarle/Nelson County line; then southeast along the. Albemarle/Nelson County.line to its intersection with the unnamed northern branch of the Mechums River; then east along the unnamed northern branch of the Mechums River to its confluence with the Mechums River; then meandering northeast.along the Meclmms River to its intersection with the CSX Railway right-of-way; then west along the CSX Railway right-of-way to its intersection with Crozet Avenue (State Route 240); then south on Crozet Avenue to its intersection with Jarmans Gap Road (State Route 691); then west. on Jarmans Gap. Road (State Route 691) to its intersection with Jarmans Gap Road (State Route 611); then northwest on Jarmans Gap Road ('State Route 61 t) to its intersection with the Alhemarle/Aug~usta County line, the point of origin. 2. Crozet Precinct: Beginning at the intersection of Jarmans Gap Road (State Route 6.11) and the Alhemarle/Au, .eusta County line; then northeast with the Albemarle/Augusta County line to its intersection with the Albemarle/Rockingham County line; then northeast with the Albemarle/Rockingham County line to its intersection with the gate on Sky. line Drive where Jones Fall Run and the Fails Trail originate; then east with Jones Fall Run to its confluence with Doyles River; then meandering southeast with the Doyles River to its intersection with Blackwells Hollow Road (State Route 810); then west along Blackwells Hollow Road to its intersection with Browns Gap Tump. ike (State Route 810); then south on Browns Gap Turnpike to its intersection with the Moormans River; then meandering east with the Moormans River to its intersection with Millin~on Road (State Route 671); then southwest on MiIlington Road to its intersection with Garth Road (State Route 614); then southeast on Garth Road to its intersection with the Mechums River; then meandering southwest with the Mechums River to its intersection with the CSX Railway right-of-way; then west along the CSX Railway right-of-way to its intersection with Crozet Avenue (State Route 240); then south on Crozet Avenue to its intersection v~h Jarmans Gap Road (State Route 691); then west on Jarmans Gap Road (State RoUte 691). to its intersection with Jarmans Gap Road (State Route 61 t); then northwest on Jarmans Gap Road (State Route 611)to. its intersection with.the Albemarle/Am County line, the point of origin, 3, . Earlysville Precinct: Beg!nning at the intersection of Seminole Trail .(U.S. Route 29) and the Albemarle/Greene County. tine; then west with the Albemarle/Greene County line to its intersection with Dyke Road (State Route 810); then south on Dyke Road toits intersection with Markwood Road (State Route 664); then south on Markwood Road to its intersection with Davis Shop Road (State Route 67I); then southwest on Davis ShOp Road to its intersection with Buck Mountain Creek; then meanderin~ southeast with Buck Mountain Creek to its confluence with the SouthFork Rivanna River; then meanderin~g southeast with the South ForkRivanna River to its intersection with Reas Ford Road (State Route 660); then north on 14 Reas Ford Road to its intersection with Bleak House Road (State Route 662); then north on Bleak House Road to its inte.~ion.with Buck Mountain Road (State Route 665); then northeast on Buck Mountain Road (State Route 665) to its intersection with Buck Mountain Road (State Route 664); then southeast on.Buck Mountain Road (State Route 664) to its intersection.with Buck Mountain Road (State Route 663); then southeaa on Buck Mountain Road (State Route 663) to ks intersection with Earlysville Road (State Route 743); then southeast on Earlysville Road to its intersection with Dickerson Road (State Route 606).; then north on Dickerson Road to its intersection wi*da Dickerson Lane (State Route 763); then east on Dickerson Lane to its intersection with Seminole Trail (U.S. Route 2~); then north on Seminole Trail to its intersection with the Albemarle/Greene County line, the point of origin. 4... Free Union Precinct: Beginning at the Albemarle/Rockingham/Greene County line; then southwest with the Albemarle/Rockirmham County line to its intersection with the gate on Skyline Drive where Jones Fall Run and.the Falls Trail originate; then east with Jones Fall Run to its confluence with the. Doyles River; then meandering southeast with the Doyles River to its, intersection with Blackwells Hollow Road (State Route 810); then west alottg Blackwells Hollow Road to its intersection with Browns Gap. Turnpike (State Route 810); then south.on Browns Gap Turnpike to itsintersection with the Moormans River; then meanderine east with the Moormans River to its intersection with Millin~on Road (State Route 671); then southwest on Millington Road to its intersection with Garth Road (State Route 614); then southeast on Garth Road to its intersection with the Mechm~ River; then meandering.northeast with the Mechums River to its confluence with the Moormans River w .here the.v form the South Fork Rivanna River; then meanderi~ .. east with the South Fork Rivanna River to its confluence with Buck Mountain Creek; then meandering., northwest with Buck Mountain Creek to its intersection with Davis Shop.Road (State Route 67t); then nortbeast on Davis Shop Road.to its intersection with Markwood Road (State Route 664); then north on Markwood Road to.ks intersection with Dyke Road (State Route 8.10); then north, on Dyke Road to its intersection with the Albemarle/Greene County. line; then west with the Albemarle/Greene County. line to its intexsecti0n with the Albemarle/Rockin,.vXmm/Greene County line, the ~tmint ofori..u4n. C. Polling places: Each.voting precinct shall have a polling place at the location identified bellow:. Tumpike, 1, . Brownsville Precinct: Brownsville Elementary. School,,. 5870 Rockfish Gap 2,, Crozet. Preeinct: Crozet Elementary School, 1407 Crozet Avenue, 3, Earlysville PreCinct: Broadus Wood Elementar.v School 185 Buck Mountain Road. Union_ 4. Free Union Precinct: Free Union Baptist Churck Millington Roa& Free (8-19-71, § I; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(I), 8-5-98, § 2-100(6), § 2-106; Ord. 0t-2(I), 5-9-01) 15 16 17 18 19 2O then 21 22 23 24 25 Sec. 2-108__7 Central absentee voter election district. There is hereby established a central absentee voter election d;~trict in ~e ele~zr~ be, ard C'~ ~.... C r County Office Building, 401 Mclntire Road, ~cm of+.L~ ~ ......... the Albemarle Charlottesville, for the purpose of receiving, counting and recording absentee ballots in all elections. (11-14-84; Code 1988, § 6-9; Ord. 98-A(1), 8-5-98, § 2-108; Ord. 01-2(1), 5-9-01) State hw referenee~-Establishmont ofc~n~l absente~ voter elation districts, Va. Code § 24.2-712, as amidol. BE IT FURTHER ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that the effective date ofthis ordinance shall be June 13, 2001. 26 I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of ....... to . , as recorded below, at aregular meeting held on Clerk, Board of County Supervisors Aye Mr. Bowerman Mr. Dorrier Ms. Humphris __ Mr. Martin Mr. Perkins Ms. Thomas Nay David R Bowerman Rio Lindsay G. Dorrier, Jr. Charlotte Y. Humphfis Jack Joue~t COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclnfire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Rivanna Walter E Perkins White Hall Sally H. Thomas Samuel lfffller May 11,2001 Ms. Hannah Twaddell Assistant Director Thomas Jefferson Planning District Commission PO Box 1505 Charlottesville, VA 22902-1505 Dear Hannah: As I indicated in my previous emafl to you, at its meeting on May 9, 2001, the Board of Supervisors discussed the charge to be given to the CHART Committee. The Board approved the Proposed CHART 2021 Mission, Goals and Objective, and the Proposed CHART 2021 Evaluation Criteria. The Board did make the following changes to the section on Criteria for Evaluation of Transportation Actions: Reword # 13 to state: Includes a "no build" alternative in all considerations of the transportation improvements. Reword #15 to state: Provides multiple choices for travel. Reword # 17 to state: Insures that any new roadways are appropriate to the land use they serve. Additionally, Ms. Thomas and Ms. Humphris indicated that they would continue to work on the Glossary. If you need any additional information, please do not hesitate to contact me. /EWC CC: Robert W. Tucker, Jr. Jeanne Cox Printed on recycled paper COUNTY OF ALBEMARLE EXECUTIVE SUMMARY 05-04-0 A08:45 IN AGENDA TITLE: Charlottesville-Albemarle Regional Transportation (CHART) SUBJECT/PROPOSAL/REQUEST: Approval of CHART mission and criteria STAFF CONTACT(S): Mssrs. Tucker, Foley AGENDA DATE: May 9, 2001 ACTION: X CONSENTAGENDA: ITEM NUMBER: INFORMATION: ACTION: IN FORMATION: BACKGROUND: ATTACHMENTS: Yes REVIEWED BY: The attached pages are the result of a meeting held April 27, 2001, with Blake Caravati and Maurice Cox to develop a charge for the CHART committee to use in developing transportation plans for the future of the MPO area. Changes from the previous CATS policies and criteria are indicated by line-throughs and underlinings. Since the group did not fully complete its conversation on the evaluation criteria, the document is referred to as a "work in progress." DISCUSSION: The City and County need to reach an agreement quickly on the mission and criteria to ensure that CHART can meet its FHWA- stipulated deadlines. City Council is looking at these proposals this week. The group will also develop a list of words commonly used in local transportation planning discussions that need to be clearly defined to assist in discussions. There is an existing CHART plan glossary (attached), and the beginning of a list of words that will need to be defined. At the Board meeting, you may make any comments about the list, suggest other words that need to be included, or simply jot down notations on the pages attached. Your MPO members and staff also will be working on the list. This summer, the CHART committee will update and approve a glossary. This may seem unnecessarily technical, but when words such as "parkway" are thrown about with no agreement on what is meant, the process of planning future transportation projects can get muddy. Charles Martin and Sally Thomas will again be meeting with the two City Councilors to finalize these items, following your input. RECOMMENDATION: The County and City representatives responsible for developing the CHART mission and criteria recommend your approval as proposed. Attachments 01.103 Proposed CHART 2021 Mission, Goals, and Objective Based on CATS 2015 policies, with minor revisions Updated April 27, 2001 Mission: The Charlottesville-Albemarle metropolitan area transportation system will provide ~ blend of transportation alternatives to support the movement of people, goods, services and information in the mzst efficient an~ effecti¥: ma:'mer .... ;~'~ addressing City of Charlottesville, Albemarle County, Thomas Jefferson Planning Dis~ict, r-egim~ and statewide transportation needs, in a manner consistent with local goals to maintain and enhance quality of life. Goals: Environment: The transportation system will support preservation and enhancement of the natural environment through two major objectives: A) Integrate and promote alternatives to the automobile; and B) Ensure transportation plans are consistent with local land use and environmental preservation goals, and that facilities are developed and built in a manner sensitive to the environment. Economy: The Charlottesville-Albemarle metropolitan area transportation system will support and enhance a vital local and regional economy through access to employment and commercial enterprise. Neighborhood And Community Development: The transportation system will support local government plans to support and enhance neighborhoods and a sense of community within the region. Community Services and Facilities: The transportation system will support the needs and goals of people in the region for access to community services and cultural/recreational facilities. Transportation Planning: The transportation planning process will recognize the interdependence of land use and transportation, and will support the development of land use patterns among the CiW, County and Region as expressed in local comprehensive plans. Priority Objective: Establish a transportation infrastructure that supports development of a sustainable community and initiates a ~end t.~'.~:~ reduces dependence on the automobile. WORK IN PROGRESS Proposed CHART 2021 Evaluation Criteria Based on C/ITS 2015 criteria Updated April 27, 2001 (revisions underlined) Criteria for Evaluation of Transportation Actions: 1. P:ametez Provides alternatives to the automobile 2. Supports given land use and environmental preservation goals 3. Enhances local and regional economy 4. Enhances neighborhoods and sense of community 5. Supports access to community services/public facilkies 6. Enhances intermodal access 7. Supports intended road network function 8. Meets CHART Level of Service (LOS) standards 9. Ensures safety of travelers 10. Ensures emergency vehicle access 11. Enhances traveler convenience and flexibility 12. Complements state, national, global transportation network 13. Is favorable to "no build" alternative 14. Is visually attractive and enhances or maintains beauty of surrounding area 15. Provides multiple choices for travel (e.g. grid street in urban areas) 16. Complements scale and character of surroundin~ area 17. Avoids adding roadways beyond two lanes Charlottesville-Albemarle Metropolitan Planning Organization of the Thomas Jefferson Planning District Commission POB 1505, 300 E. Main St, Charlottesville, VA 22902 www.avenue.org/tipdc 804-979-7310 phone; 804-979-1597 fax; tjpd~tjpdc.org email Draft CHART 2021 Transportation Planning Glossary Updated April 30, 2001. Proposed additional terms and definitions noted in italics. Access Management Coordinated land use and road planr~ing to limit the number of driveways and intersections on major arterial roadway, often by redirecting them into combined driveways or onto parallel access roads, in order to reduce congestion on the arterials. Accessibility Index: An evaluation matrix developed by the MPO with assistance form the University of Virginia School of Architecture which helps planners rate accessibility for all transportation modes in a given community. Data from the Index can help identify priorities for development of neighborhood improvements such as bicycle and pedestrian connectors. Activity Centers: Neighborhoods, commercial areas, and employment sites which attract or generate travel. ADA Americans with Disabilities Act, federal legislation requiring public transit services for people with disabilities comparable to existing public services at no more than twice the regular fare. JAUNT provides services for the CTS area and the Planning District. Bus Rapid Transit (Busways) -Roadways dedicated only to buses away from car traffic, connected to flexible feeder routes to serve areas off main trunk lines. Bypass: A limited access arterial, usually at least four lanes wide, that connects major artierials and diverts traffic from urban streets. Designed primarily for regional or statewide through traffic. CATS Charlottesville Area Transportation Study, the 20-year plan adopted by the MPO and updated every five years. The moniker CATS was changed by the MPO in the spring of 2001 to Charlottesville-Albemarle Regional Transportation (CHART) plan. CHART Charlottesville-Albemarle Regional Transportation plan, the 20-year plan adopted by the MPO and updated every five years. CN An abbreviation used in the TIP to show funds and timeline for road construction. Commuter Rail~ Metropolitan Rail~ Regional Rail Multiple-car train sets whose motive power is diesel and electric locomotives. Tracks may be shared with freight services, street integration is rare, and service usually runs from city core to suburbs. Train frequencies are at the half- Draft CHART 2021 Glossary Updated April 30, 2001 Page I hour or more. Connector An urban street, usually with bicycle lanes and sidewalks and no more than four lanes wide, that connects activity centers. Designed for local traffic and transit. Crossroads/Intersection. Location where roads intersect. This may be a high volume area or a low volume area. CTB Commonwealth Transportation Board, appointed by the Governor which approves all plans for state-funded transportation projects. See VDOT Six Year Improvement Program. CTS Charlottesville Transit Service, the public bus service for the City and selected routes extending into Albemarle County. Diesel Multiple Unit (DMU)/ Cordless Light Rail A hybrid between locomotive-hauled coaches and light rail transit (LRT) vehicles. Individual DMU cars are powered by on-board diesel engines. FAA Federal Aviation Administration. FI-IWA Federal Highway Administration, provides road funds through programs such as STP, NHS and ISTEA Enhancement program. FTA Federal Transit Administration, provides grant funding for transit capital, operations, and MPO planning. See Section 8, Section 9, VDRPT. Heavy Rail~Subway/Rapid Transit/Metro Multiple-unit electric powered trains on exclusive rights-of-way where level crossings with vehicle traffic are rare. Service is intra-urban and frequencies are as common as sixty seconds at peak times. Heritage/Historic/Antique Trolley Antique streetcars, reconditioned or new, on restored or new track in an urban environment. Can serve a local transportation function though many are focused on tourists. High Density Areas Concentrated population and/or employment and/or commercial actiVity centers designed in a transit-oriented fashion with pedestrian accessibility and urban streets, in accordance with Albemarle Comprehensive Plan and DISC Neighborhood Model and Charlottesville Comprehensive Plan and Economic Corridor Study. No areas in the region are planned for higher densities than the existing downtown area of Charlottesville. ItOV High Occupancy Vehicle, such as a carpool, vanpool, or bus. Human Scale Connections: Connections between and among communities that allow and encourage travelers to experience and appreciate the character of the neighborhoods and commercial areas in and through which they are traveling. Vehicle travel on human-scale connections is Draft CHART 2021 Glossary Updated April 30, 2001 Page 2 typically slower than on a major highway, and traffic calming features are often incorporated into the road design. Pedestrian, bicycle, and transit travel is encouraged on human scale connections. ISTEA Intermodal Surface Transportation Efficiency Act, adopted by Congress in 1991. Includes increased funding for transportation, sets forth broader planning requirements which include consideration of land use and multi-modal alternatives, allows flexible use of transportation funds for roads, transit, or other alternatives. Superceded in 1998 by the Transportation Efficiency Act for the 21st Century (TEA-21). ITS Intelligent Transportation Systems, using computer information technology to improve a transportation system. JAUNT Public transportation service for people with disabilities and the rural public in the Planning District. Originally named Jefferson Area United Transit, owned by the localities of Planning District 10 and overseen by a board of directors appointed bythe localities. Level of Service (LOS): LOS scores for roadways reflect how well traffic falls within congestion standards established by the Transportation Research Board Committee on Highway Capacity and Quality of Service. These criteria are based on the flow of traffic on and through an area and the delay times at lights or intersections. The CHART uses several evaluation criteria in addition to LOS for determining appropriate roadway projects. Light Rail Transit (LRT) An electric railway system characterized by its ability to operate, single or multiple car consists (trains) along exclusive rights-of-way at ground level, on aerial structures, in subways or in streets, and to board and discharge passengers at station platforms or at street, track, or car-floor level. Limited Access Road A roadway with access only at specific entrances or intersections. Livable Communities: An FTA initiative begun in the early 1990's to promote planning and development of neighborhoods whose design is friendly to transit, pedestrian, and bicycle use. MINUTP The computer software model used by VDOT to project traffic on area roads. Base data and projections of population and employment are developed by local planning staff for VDOT. Mixed Use, Transit-Oriented Development Land design and planning guidelines and regulations for communities that include a clustered mix of residential, commercial, and employment opportunities as well as a sidewalk and urban street layout of infrastructure that make it easy to serve the developed area with transit. MPO Charlottesville-Albemarle Metropolitan Planning Organization, formed in 1981 based on a federal mandate for MPO's in urban areas greater than 50,000. Its job is to coordinate long range plans and approve plans for federal transportation funds in the region. The Policy Board includes two elected officials from Charlottesville, two from Albemarle, and a VDOT official as well as Draft CHART 2021 Glossary Updated April 30, 2001 Page 3 several nonvoting members representing transit agencies and UVA. The Technical Committee includes local planning staff and citizens. Advisory committees are in place for transit and ridesharing plans, bicycle and pedestrian plans, context-sensitive road design, and the long range plan. Multi-modal Including more than one mode of transportation (road, transit, bicycle, pedestrian, water, air, rail). NHS National Highway System, a network of roads of strategic economic and military importance approved by Congress in October, 1995 which are eligible for designated funds. Routes 29, 250 and Interstate 64 are NHS roads in the MPO study area. Non-Attainment Area An urban area that falls below federal Clean Air standards, eligible for special sources of transportation funds for projects which mitigate congestion. The Charlottesville area is currently identified as in attainment by EPA, based on population and traffic statistics since there is not an ozone monitor within the region. PACC Planning and Coordination Council, an ad hoc planning group of Charlottesville, Albemarle and University of¥irginia officials. Parallel Access Road An urban street parallel to a major arterial, usually no more than two to four lanes, that provides access to local businesses and residential areas for cars, buses, bicycles and pedestrians and allows for fewer driveways and intersections on the major arterial. The Hollymead Town Center design for the Route 29 North area in the Albemarle Comprehensive Plan describes an example of appropriately designed parallel access roads. Parkway A low-speed road with bicycle lanes and sidewalks and/or adjacent paths that supports a park-like atmosphere in the area adjacent to the road, providing roadway andpark users with a peaceful and scenic transportation corridor. PDC Planning District Commissions are regional planning bodies established by the Virginia Area Development Act in 1969, operating on funds from the state, member localities, and public or private grants. There are 21 planning districts. See TJPDC. PE An abbreviation used in the TIP to show funds and timelines for Preliminary Engineering of g road. PL FHWA funds which support MPO planning, in addition to FTA Section 8 funds. Planning Factors Issues that must be considered in MPO and statewide transportation plans, according to federal planning regulations stated in the 1991 ISTEA and 1998 TEA-2I Act. Preallocation Hearing An annual public hearing on the draft State Transportation Development Program (formerly called the Six-Year Improvement Program) usually held for the Culpeper district in late spring. Draft CHART 2021 Glossary Updated April 30, 2001 Page 4 Public Hearing VDOT and the MPO must have pUblic hearings on long range plans, annual transportation improvement programs, and work plans. VDOT must also have public hearings on proposed locations and designs of new roads. Sometimes VDOT or the MPO hosts public information meetings at which comments are solicited, but they are not considered formal public hearings. Public Participation VDOT and the MPO are required to have formal plans to ensure ample opportunities for participation by all members of the public in the development of transportation plans and projects. RATS Rural Area Transportation Study, a transportation planning program for rural Albemarle, Louisa, Fluvanna, Greene, and Nelson Counties, staffed by the TJPDC. Regional Transportation Plan The Charlottesville Albemarle Regional Transportation (CHART) plan, updated by the MPO every five years and used as a basis for securing Federal transportation funds through the annual TIP. RideShare A regional program funded by VDRPT and staffed by the TJPDC which promotes traffic reduction through the use of alternatives to single-occupant vehicles, including carpooling, vanpooling, transit, bicycling, and walking; and employment options such as flextime, staggered hours, and telecommuting. RW An abbreviation used in the TIP to show funds and timelines for Right of Way acquisition for a road. Section 18 FTA funds which support rural transit services such as JAUNT. Section 8 FTA funds which support MPO planning work (see also PL). Section 9 FTA funds which support urban transit services such as CTS. SOV Single Occupant Vehicle (a car with one driver and no passengers). SPR FHWA funds to support VDOT planning and research activities with the MPO. STP Surface Transportation Program, the FHWA funding program for roads (or transit if the MPO or VDOT wish to transfer funds), safety, and enhancements. Study Area Each MPO has a geographic area for long range planning purposes. The Charlottesville-Albemarle MPO study area extends slightly east of the City, about two miles north and south of the City, and about eight miles west. Sustainable Community: The Thomas Jefferson Sustainability Council, formed in 1995, developed regional sustainability accords adopted by each locality in the planning district. The CHART Plan Dra~ CHART 2021 Glossary Updated April 30, 2001 Page 5 includes policies and projects that reflect the region's commitment to sustainability as it relates to transportation. TAZ Traffic Analysis Zone, a geographic area which attracts and/or generates traffic. Population and land use data for zones in the MPO area is used to develop traffic forecasts. TEA-21 (formely ISTEA) Enhancement Program Ten percent of the state's federal STP funds must be set aside for transportation enhancements which support the Clean Air Act, protect historic resources, or otherwise enhance the community. TEA-21 1998 Federal transportation funding and policy bill that superceded ISTEA. TIP Transportation Improvement Program, the annually updated plan of road and transit projects for the MPO area. Regionally significant projects requiring federal funds or approval must be endorsed in the TIP. TJPDC Thomas Jefferson Planning District Commission, a twelve-member regional planning commission of elected officials and citizens appointed by local governments of Charlottesville, Albemarle, Fluvanna, Greene, Louisa, and Nelson Counties. Staffed by an Executive Director, planners, technicians, and support staff. The Charlottesville-Pdbemarle MPO is housed in the TJPDC office and staffed by the TJPDC Executive Director, a Senior Planner, and support staff. See also PDC. Traffic Calming: Road design features .that slow down vehicle traffic and/or encourage pedestrian and bicycle travel. They can include narrowing roadway widths, allowing more curves, or creating visual cues through landscaping and road design that encourage drivers to slow down. TSM/Transportation Systems Management: Relatively low cost improvements to roadway segments, intersections, and/or bridges, which can usually be accomplished within a one-to-five vear period. They can include such features as mm lanes, geometric improvements (such as straightening a dangerous curve), intersection improvements, bridge repair, or traffic calming design techniques. TSM improvements do not change the roadway's fundamental character or function, or improve capacity to the point of increasing vehicle speed. UPWP Unified Planning Work Program, the annual plan of work for the MPO showing budgets and tasks for studies and administrative functions. UTS University Transit Service, a private service of the University of Virginia funded through student and staff parking fees. UVA University of Virginia, the major employer of the Charlottesville-Albemarle area. UVA has a nonvoting representative on the MPO Policy Board and a voting representative on the Technical Committee. Draft CHART 2021 Glossary Updated April 30, 2001 Page 6 VDOT The Virginia Department of Transportation, handling road planning, construction, and maintenance for the state. Staff of the VDOT Transportation Planning Division in Richmond serve as voting members of the MPO Policy and Technical Committees. Other VDOT divisions with whom the MPO works are the Culpeper District Adminigtrator's office, the Charlottesville- Albemarle Resident Engineer's office, and the Location and Design division in Richmond. VDOT Transportation Development Program (formerly Six-Year Improvement Program): Updated every fiscal year by the CTB, identifies funding allocations and timelines for transportation improvements throughout the state. See also Pre-Allocation Hearing. VDRPT Virginia DeparUnent of Rail and Public Transportation, formerly a section of VDOT, now its own agency reporting to the Secretary of Transportation. VDRPT manages grant funds for CTS, JAUNT, RideShare, and a portion of the MPO planning funds. Draft CHART 2021 Glossary Updated April 30, 2001 Page 7 WORK IN PROGRESS Proposed CHART 2021 Transportation Terms: Common Language to define and include in CHART glossary Updated April 27, 2001 Project · Appropriate blend · Efficient · Effective · Seamless · Context sensitive