HomeMy WebLinkAboutZMA200700001 Review Comments Critical Slope Waiver 2007-05-17Chapter 1
The County and Its Boards, Commissions and Officers:
Composition, Powers and Duties
1-1 The County
1-1.1 Role as a political subdivision of the state
The description of a county as an "administrative district of the state" or as an "arm of the state"
is the oldest and most frequently cited description of a county. Under this description, the County of
Albemarle (the "County") is a political subdivision created to execute the policies of the state and serves
as local unit for the administration of the state's functions. Virginia County Supervisors' Manual, (1998),
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1-1.2 Powers
Under the Virginia Constitution, all County powers are delegations of authority granted by the
General Assembly and, unless otherwise indicated by statute or the constitution, are vested in the Board
of Supervisors. Virginia County Supervisors' Manual, (1998), 1-10. With respect to the regulation of
land use, the General Assembly has granted the County numerous powers to provide for comprehensive
planning, and to regulate the use and development of land by adopting zoning and subdivision ordinances.
Virginia Code § 15.2-2200 et seq.
Of course, the County's powers are not unlimited. One limitation on the County is that the
exercise of its powers must not violate any constitutional principles. These constitutional principles are
discussed in chapter 6. Another limitation is that the exercise of the County's powers may not be
inconsistent with the general laws of Virginia or of the United States. Virginia Code § 1-13.17. This
means that the County's exercise of its powers may not be contrary to any supreme law, and may not have
been preempted by a supreme law. Preemption is discussed in chapter 7. Finally, the County's powers
are limited by the rule of statutory construction known as the Dillon Rule. The Dillon Rule limits the
County's powers to those that are expressly granted by the General Assembly and those that may be
necessarily or fairly implied from those powers expressly granted. The Dillon Rule is discussed in
chapter 8.
1-2 The Board of Supervisors
1-2.1 Composition
As noted above, the County is governed by the Board of Supervisors. The County's six -member
Board is elected by the qualified voters of single -member magisterial districts.
The County is one of two counties in Virginia that operates under the county executive form of
government. Virginia Code § 15.2-1500 et seq. Under this form of government, the Board is the policy-
making body of the County and is vested with all policy-making powers and responsibilities conferred by
general law upon county governing bodies. The Board is distinctive from that in a traditional form of
county government because its administrative responsibilities relate generally to overseeing the
implementation and administration of its policies. Virginia County Supervisors' Manual, (1998), 3-7.
1-2.2 Powers and duties
As the policy-making body of the County, the Board is empowered to make all of the legislative
decisions pertaining to land use, and this power may not be delegated to other boards, commissions or
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employees. Thus, the Board makes the final decision on those land use matters that are legislative in
nature — comprehensive plan amendments, zoning text amendments, rezonings, and special use permits.
Otherwise, the Board may, and has, delegated the responsibility for non -legislative matters to other bodies
and officers, although a right of appeal to the Board is provided in several circumstances. The distinction
between legislative and other types of acts is discussed in chapter 10.
1-3 The Planning Commission
1-3.1 Composition
The Planning Commission is an administrative entity established by the Board of Supervisors
pursuant to Virginia Code § 15.2-2210 et seq.
The Planning Commission is composed of eight members appointed by the Board of Supervisors.
Virginia Code § 15.2-2212; Albemarle County Code § 2-401(A). The members of the Commission must
be residents of the County, and are qualified by knowledge and experience to make decisions on
questions of community growth and development. Albemarle County Code § 2-401(A). At least one-half
of the members of the Commission must be owners of real property. Albemarle County Code § 2-401(A).
Seven members of the Commission are voting members and of those seven, six come from each
of the County's six magisterial districts and the other is appointed at -large. The eighth member of the
Commission is a non-voting member appointed by the Board with the advice of the president of the
University of Virginia. Albemarle County Code § 2-401(B). The terms of the Commissioners from each
of County's magisterial districts are coterminous with the four-year terms of the Board members in the
district they serve; the term of the at -large member is two years; the term of the non-voting member is one
year. Albemarle County Code § 2-401(B).
1-3.2 Powers and duties
The Planning Commission is a creature of statute and possesses only those powers expressly
conferred by statute. See, Board of Zoning Appeals of Fairfax County v. Cedar Knoll, Inc., 217 Va. 740
(1977) (BZA); 1989 Va. Op. Atty. Gen. 113 (a planning commission has no powers other than those
powers expressly conferred by statute). The Commission has specific powers and duties concerning the
County's Comprehensive Plan and Subdivision and Zoning Ordinances. 1989 Va. Op. Atty. Gen. 113.
On legislative matters, the Commission is advisory to the Board of Supervisors and makes
recommendations to the Board. On other matters such as site plans and subdivision plats that come
before it, the Commission is the decision-making body, though its decision may be appealed to the Board.
The Commission also has the following powers and duties:
• Serving as an advisory body to the Board of Supervisors to promote the orderly development of
the County and its environs and to accomplish the objectives set forth in Virginia Code § 15.2-
2200.
• Preparing and recommending a Comprehensive Plan for the physical development of the County
pursuant to Virginia Code § 15.2-2223 et seq.
• At the direction of the Board of Supervisors, or on its own initiative, making or causing to be
made an official map pursuant to Virginia Code § 15.2-2233 et seq.
• At the discretion of the Board of Supervisors, or on its own initiative, annually preparing and
revising a capital improvement program based on the Comprehensive Plan of the County for a
period not to exceed the ensuing five years pursuant to Virginia Code § 15.2-2239.
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• At the request of the Board of Supervisors, or on its own initiative, preparing and recommending
amendments to the Subdivision Ordinance, as authorized by Virginia Code § 15.2-2253.
• At the direction of the Board of Supervisors, or on its own initiative, preparing and
recommending amendments to the Zoning Ordinance including a map or maps showing the
zoning districts of the County, pursuant to Virginia Code § 15.2-2285.
• Administering the Subdivision Ordinance and Zoning Ordinance as provided in those ordinances.
• Making recommendations and an annual report to the Board of Supervisors concerning its
operation and the status of planning within the County.
Virginia Code § 15.2-2221; Albemarle County Code § 2-406.
1-4 The Architectural Review Board
1-4.1 Composition
The Architectural Review Board ("ARB") consists of five members who are appointed by the
Board of Supervisors to administer the Historic Districts Law (Virginia Code § 15.2-2306), which is
implemented only through the entrance corridor overlay district. Zoning Ordinance §§ 30.6, 34A.1. The
members of the ARB must be residents of the County and must have a demonstrated interest, competence
or knowledge in architecture and/or site design. Zoning Ordinance § 34A.1.
ARB members are appointed for four-year terms and serve at the pleasure of the Board of
Supervisors. Zoning Ordinance § 34A.1.
1-4.2 Powers and duties
The ARB is a creature of statute and possesses only those powers expressly conferred by statute.
See, Board of Zoning Appeals of Fairfax County v. Cedar Knoll, 217 Va. 740 (1977) (BZAs). The ARB's
powers and duties include the following:
• Recommending areas for designation as an entrance corridor.
• Considering requests for certificates of appropriateness by determining whether a proposed
building or structure, including signs, is architecturally compatible with the historic landmarks,
buildings or structures within the entrance corridor overlay district.
• Recommending to the Board of Supervisors appropriate design guidelines for development within
the entrance corridor overlay district.
• Acting in an advisory capacity to the Board of Supervisors, the Planning Commission and the
Board of Zoning Appeals in rezonings, special use permits, site development plans, subdivisions,
variances, and other matters within the district
Virginia Code § 15.2-2306; Zoning Ordinance §§ 30.6.4.1 (certificates of appropriateness), 34A.1.
The following proposed development projects must be reviewed by the ARB if they are located
upon parcels within a designated Entrance Corridor (EC) and if:
• The project requires County approval of a site plan or approval of an amendment to a site plan
before development can begin (generally only commercial, industrial, or multi -family
development projects are required to have a site plan).
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• The project requires a building permit (for commercial, industrial, or multi -family developments)
before development can begin.
• The project requires a special use permit because it involves outdoor storage or display within an
entrance corridor.
• The project requires a Comprehensive Plan amendment, a rezoning, or a special use permit and a
request has been made for advice from the ARB.
When considering a specific application, the ARB follows guidelines adopted by the Board of
Supervisors.
1-5 The Board of Zoning Appeals
1-5.1 Composition
The Board of Zoning Appeals ("BZA") consists of five members who are appointed by
the Circuit Court. Virginia Code § 15.2-2308; Zoning Ordinance § 34.1. The members of the
BZA must be residents of the County, and are appointed for five-year terms, which are staggered.
Virginia Code § 15.2-2308.
1-5.2 Powers and duties
The BZA is a creature of statute and possesses only those powers expressly conferred by statute.
Board of Zoning Appeals of Fairfax County v. Cedar Knoll, Inc., 217 Va. 740 (1977). The BZA's powers
and duties include the following:
• Hear and decide appeals from any order, requirement, decision or determination made by an
administrative officer in the administration or enforcement of the Zoning Ordinance.
• Hear and decide applications for variances.
• Hear and decide appeals from decisions of the Zoning Administrator.
• Hear and decide applications to interpret the district map where there is any uncertainty as to the
location of a district boundary.
Virginia Code § 15.2-2309; Zoning Ordinance § 34.2.
The BZA does not have the authority to rule on the validity of the Zoning Ordinance. Town of
Jonesville v. Powell Valley Village, 254 Va. 70 (1997). That is a determination within the sole province
of the judiciary. Powell Valley, supra.
1-6 The Zoning Administrator
1-6.1 The office
The Zoning Administrator is an officer appointed by the Board of Supervisors. Virginia Code
§ 15.2-2286(A)(4); Zoning Ordinance § 31.1.
1-6.2 Powers and duties
The primary duty of the Zoning Administrator is to administer and enforce the Zoning Ordinance
on behalf of the Board of Supervisors, and the office has all necessary authority to do so. Virginia Code
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§ 15.2-2286(4); Zoning Ordinance § 31.1. The Zoning Administrator's powers and duties include the
following:
• Interpret the Zoning Ordinance.
• Order in writing that a violation of the Zoning Ordinance be abated.
• Insure compliance with the Zoning Ordinance by bringing an appropriate legal action.
• In specific cases, make findings of fact, and with the concurrence of the County Attorney,
conclusions of law, regarding vested rights.
Virginia Code § 15.2-2286(A)(4); Zoning Ordinance § 31.1.
Like the BZA, the Zoning Administrator does not have the authority to rule on the validity of the
Zoning Ordinance. Town of Jonesville v. Powell Valley Village, 254 Va. 70 (1997).
1-7 The Director of Planning and Community Development
1-7.1 The role as agent
The Director of Planning and Community Development is designated as the agent of the Board of
Supervisors under the site plan provisions within the Zoning Ordinance and the Subdivision Ordinance.
Zoning Ordinance § 32.3.2; Albemarle County Code § 14-200.
1-7.2 Powers and duties
Under the Zoning Ordinance, the agent is responsible for overseeing the receipt and processing of
site plan applications, and approving site plans that comply with all applicable County regulations.
Zoning Ordinance § 32.3.2. Under the Subdivision Ordinance, the agent's powers and duties include the
following:
• Administer and enforce the Subdivision Ordinance and, in so doing, to make
all determinations and findings and impose all requirements.
• Approve plats that comply with all applicable County regulations, unless the plat is referred to the
Planning Commission.
• Interpret the Subdivision Ordinance.
• Consult with and advise the Planning Commission on matters pertaining to the Subdivision
Ordinance.
• Establish procedures deemed necessary for the proper administration of the Subdivision
Ordinance.
Virginia Code § 15.2-2255; Albemarle County Code § 14-200.
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