HomeMy WebLinkAboutZTA201200006 Action LetterCOUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
MEMORANDUM
TO: File
FROM: Wayne Cilimberg, Director of Planning
DATE: August 30, 2012
RE: ZTA201200006 Legislative Review Process Improvements
The Albemarle County Planning Commission, at its meeting on August 21, 2012, by a vote of 7:0,
deferred the above -noted Zoning Text Amendment to the October 23, 2012 Planning Commission
meeting.
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4012
MEMORANDUM
TO: File
FROM: Wayne Cilimberg, Director of Planning
DATE: December 20, 2012
RE: ZTA201200006 Legislative Review Process Improvements
The Albemarle County Board of Supervisors, at its meeting on December 5, 2012, by a vote of
6:0, adopted the above -noted Zoning Text Amendment to be effective April 1, 2013.
ORDINANCE NO. 12 -18(7)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS,
ARTICLE II, BASIC REGULATIONS, ARTICLE III, DISTRICT 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 I, General Provisions, Article II, Basic Regulations, Article III, District
Regulations, and Article IV, Procedure, are hereby amended and reordained as follows:
By Amending:
Sec. 3.1
Definitions
Sec. 4.8.1
Determinations concerning unspecified uses
Sec. 4.15.5
Signs authorized by special use permit
Sec. 10.5.2
Where permitted by special use permit
Sec. 20.1
Intent, where permitted
Sec. 20.2
Application
Sec. 30.1.2
Application
Sec. 31.1
Designation of zoning administrator, authority
Sec. 34.4
Application for variances
Sec. 35.1
Fees
By Amending and Renaming:
Old New
Sec. 1.7 Official zoning map Zoning map
Sec. 30.5.5 Permitted uses by right and special permit Permitted uses by right and by special
use permit
By Repealing:
Sec. 1.9
Application for land use permit; payment of delinquent taxes
Sec. 8.5.1
Applications and documents to be submitted
Sec. 8.5.2
Preapplication conferences
Sec. 8.5.3
Review and recommendation by the planning commission
Sec. 8.5.4
Review and action by the board of supervisors; effect of approval
Sec. 8.6
Amendments to planned development districts
Sec. 20A.3
Application requirements; required documents and information
Sec. 20A.4
Application plans
Sec. 31.6
Special use permits
Sec. 31.6.1
Reserved to board of supervisors
Sec. 31.6.2
Application
Sec. 31.6.3
Conditions
Sec. 31.6.4
Revocation
Sec. 31.8
Special exceptions
Sec. 33.0
Amendments
Sec. 33.1
Statement of purpose and intent
Sec. 33.2
Initiation of amendments
Sec. 33.2.1
Property owner petition
Sec. 33.2.2
Untitled
Sec. 33.2.3
Untitled
Sec. 33.3
Proffer of conditions
Sec. 33.3.1
Effect of conditions
Sec. 33.3.2
Zoning map notation
Sec. 33.3.3
Authority of zoning administrator
Sec. 33.4
Public hearing -- notice
Sec. 33.5
Report by planning commission to board of supervisors after hearing
Sec. 33.6
Limitation on filing new petition after original denial
Sec. 33.7
Withdrawal of petitions
Sec. 33.8
Posting of property
Sec. 33.8.1
Posting of property — planning commission hearing
Sec. 33.8.2
Validation of prior notice requirement (Amended 6- 19 -96)
Sec. 33.8.3
Maintenance and removal of signs
Sec. 33.9
Matters to be considered in reviewing proposed amendments
Sec. 33.10
Schedule of review
Sec. 33.10.1 Untitled
Sec. 33.10.2 Untitled
By Adding:
Sec. 33.1 Purpose and intent
Sec. 33.2 Uniform requirements for the initiation of zoning text amendments and zoning
map amendments
Sec. 33.3 Uniform procedures for zoning text amendments and county- initiated zoning map
amendments
Sec. 33.4 Uniform procedures for owner - initiated zoning map amendments and special use
permits
Sec. 33.5 Uniform procedures for special exceptions
Sec. 33.6 Zoning text amendments and zoning map amendments; relevant factors to be
considered; effect of approval
Sec. 33.7 Owner - initiated zoning map amendments; authority to accept proffers
Sec. 33.8 Special use permits; relevant factors to be considered; conditions; revocation
Sec. 33.9 Special exceptions; relevant factors to be considered; conditions
Chapter 18. Zoning
Article I. General Provisions
Sec. 1.7 Zoning map
The zoning map is identified, and shall be interpreted, as follows:
a. Zoning map identified. The zoning map is composed of the several maps and digital
source files, and all dimensions, symbols, notations, and designations shown on the
maps and in the digital source files, is maintained by the department of community
development, and is incorporated by reference as part of this chapter. The zoning map is
the digital form of the zoning map adopted on December 10, 1980, as amended by all
zoning map amendments after that date. The zoning map also may exist in an analog
zoning map book.
b. Zoning map establishes the location and boundaries of districts. The location and
boundaries of the districts created by this chapter are hereby established as shown on
the zoning map. The zoning map also includes symbols that represent the existence of
conditions, including proffers, attaching to the zoning of a parcel on the zoning map.
C. Interpretation. The zoning map shall be interpreted as follows:
District lines follow lot lines and center lines; boundary designated. The district
boundaries shown on the zoning map are intended to follow the lot lines and the
center lines of streets or alleys as they existed on December 10, 1980 and as
hereafter amended; provided that where a district boundary obviously does not
follow any such line, and is not depicted on an approved subdivision plat or site
plan or described by dimensions or other means, the district boundary shall be
determined by measurement using a scale.
2. Waterways, roads, streets, highways, railroads, and other rights -of -way;
boundary not designated. All waterways, alleys, roads, streets, highways,
railroads, and other rights -of -way (collectively, "features "), if not otherwise
specifically designated and if not part of a parcel abutting the feature, shall be
deemed to be in the same district as the immediately abutting parcels, and the
departing boundary lines from those abutting parcels shall be deemed to extend
to the centerline of the feature. If the center line of a feature serves as a parcel
boundary, the zoning of the feature, if not otherwise specifically designated, shall
be deemed to be the same as that of the parcel to which it is a part.
3. Areas not otherwise designated. The intent of this chapter is to have the entire
unincorporated territory of the county within a district. Except for those features
identified in subsection (c)(2), any area shown on the zoning map having a white
background shall be deemed to be in the rural areas (RA) district.
4. Inconsistencies. If there is an inconsistency between any information shown on
the zoning map and any decision made by the board of supervisors or an
interpretation of the zoning map made by the board of zoning appeals after
December 10, 1980, then the decision of the board of supervisors or the
interpretation of the board of zoning appeals shall govern.
d. Alterations and amendments. The zoning map shall not be altered or amended in any
way except in compliance with the procedures and standards established by this chapter
for a zoning map amendment.
State law reference — Va. Code §§ 15.2- 2285(A), 15.2- 2286(A)(7), 15.2 -2300.
Sec. 3.1 Definitions
Digital source file: The media type and format to which an analog or digital source material is
encoded, and the file is used to produce a digital derivative.
Owner. The owner or owners of the fee simple interest of real property.
Special exception: An exception to the general regulations in any particular district pertaining to
the size, height, area, bulk or location of structures or the areas and dimensions of land, water,
and air space to be occupied by buildings, structures, and uses, and of courts, yards, and other
open spaces to be left unoccupied by uses and structures, that is not permitted in any particular
district except by a special exception granted under this chapter.
Special use permit: A permit for a special use that is not permitted in a particular district except
by a special use permit granted under this chapter.
Zoning map amendment: An amendment to the zoning map, which may include changing the
boundaries of one or more districts or the district classification of one or more parcels; also
sometimes referred to as a "rezoning."
Zoning text amendment: An amendment to the regulations of this chapter, which may include
amending, changing or supplementing the regulations.
State law reference — Va. Code § 15.2- 2286(A)(4).
Article II. Basic Regulations
Sec. 4.8.1 Determinations concerning unspecified uses
Uses other than those specified in district regulations as permitted by right or accessory uses
may be added to a district on application by an owner if the commission and board of
supervisors find:
a. That there is no clear intent to exclude such uses; and
b. That the proposed use is appropriate within the district and would have no more adverse
effects on other uses within the district, or on uses in adjoining districts, than would uses
of the same general character permitted in the district.
In such cases, the board of supervisors shall proceed to amend the ordinance in accord with the
provisions of section 33.
State law reference — Va. Code § 15.2- 2286(A)(4).
Sec. 4.15.5 Signs authorized by special use permit
Except as provided in subsection (d), electric message signs, off -site signs, and signs in public
rights -of -way may be authorized only by special use permit, as provided herein:
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 33
of this chapter. In addition to the foregoing:
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 sign, the board of zoning 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.
State law reference — Va. Code §§ 15.2 -2280, 15.2 -2286.
Article III. District Regulations
Sec. 10.5.2 Where permitted by special use permit
10.5.2.1 The board of supervisors may authorize the issuance of a special use permit for
more lots than the total number permitted under section 10.3.1 and section
10.3.2; provided that no such permit shall be issued for property within the
boundaries for the watershed of any public drinking water supply impoundment,
and further provided that no such permit shall be issued to allow more
development lots within a proposed rural preservation development than that
permitted by right under section 10.3.3.3(b). (Added 11 -8 -89; Amended 5 -5 -04
effective 7 -1 -04)
The board of supervisors shall determine that such division is compatible with the
neighborhood as set forth in section 33.8 of this chapter with reference to the
goals and objectives of the comprehensive plan relating to rural areas including
the type of division proposed and specifically, as to this section only, with
reference to the following: (Amended 11 -8 -89)
State law reference — Va. Code §§ 15.2 -2280, 15.2 -2286.
Sec. 20.1 Intent, where permitted
PUD districts may hereafter be established by amendment to the zoning map in accordance
with the provisions set forth generally for planned development districts in sections 8 and 33 and
with densities and uses in locations in accordance with recommendations of the comprehensive
plan. As described by the comprehensive plan, PUD districts are intended to serve as
neighborhoods or mini - neighborhoods within designated communities and the urban area.
Additionally, PUD districts may be appropriate where the establishment of a "new village" or the
nucleus of a future community exists and where the PUD development would not preclude
achievement of the county's objectives for the urban area, communities and villages.
In order to encourage the community function, appropriate commercial and industrial uses are
provided in addition to a variety of residential uses. It is intended that commercial and industrial
development be limited to a scale appropriate to the support of the residential uses within the
PUD; provided that additional commercial and industrial activity may be permitted upon a finding
that the area in which the PUD is to be located is not adequately served by such use.
It is intended that these regulations provide flexibility in residential development by providing for
a mix of residential uses with appropriate nonresidential uses, alternative forms of housing,
flexibility in internal relationships of design elements and, in appropriate cases, increases in
gross residential densities over that provided in conventional districts.
State law reference — Va. Code §§ 15.2 -2280, 15.2 -2286.
Sec. 20.2 Application
Notwithstanding the requirements and provisions of section 8, planned development districts,
generally, where certain planned community districts have been established and have been
developed or received final site development plan approval prior to the adoption of this
ordinance, such districts shall be considered to have been established as PUD districts under
this ordinance and shall be so designated on the zoning map.
State law reference — Va. Code §§ 15.2 -2280, 15.2 -2286.
Sec. 30.1.2 Application
Overlay districts and amendments thereof shall be established in accordance with the
provisions of section 33 of this chapter.
State law reference — Va. Code § 15.2- 2286(A)(4).
Sec. 30.5.5 Permitted uses by right and by special use permit
30.5.5.2 Within the immediate environs of any stream designated in section 30.5.2, no
person shall
commence any use involving the construction of any structure, the cutting of any
living tree over six (6) inches caliper measured at six (6) inches above ground
level, or the grading or other like physical alterations of the immediate environs of
such stream except as follows: (Amended 9 -9 -92)
d. The following uses by special use permit only:
6. Bridges, causeways and other similar structures designed for
pedestrian and /or vehicular access; provided that the board of
supervisors shall find, by clear and convincing evidence, in
addition to the factors to be considered under section 33.8, that:
Article IV. Procedure
Sec. 31.1 Designation of zoning administrator, authority
The office of zoning administrator is hereby established, subject to the following:
a. Authority. The zoning administrator shall have all necessary authority on behalf of the
board of supervisors to administer and enforce this chapter. This authority includes, but
is not limited to:
Interpreting this chapter and the official zoning map;
2. Administering this chapter by making determinations and decisions on any
matters arising under this chapter, including but not limited to, how a building,
structure or use should be classified, whether a use is permitted within a
particular district, whether a proposed building or structure complies with
setback, height, bulk and other requirements, whether a building, structure, use
or lot is nonconforming, and whether a lot meets minimum lot size requirements.
3. Ordering in writing the remedying of any use or structure determined to be in
violation of this chapter;
4. Insuring compliance with this chapter, bringing legal action, including an action
for injunction, abatement, civil penalties or other appropriate action or proceeding
subject to appeal as provided by Virginia Code § 15.2 -2311 and this chapter;
5. In specific cases, making findings of fact and, with concurrence of the county
attorney, conclusions of law regarding determinations of rights under Virginia
Code §§ 15.2 -2307 and 15.2- 2311(C);
6. Enforcing the provisions of this chapter regulating the number of persons
permitted to occupy a single - family residential dwelling unit, provided such
enforcement is in compliance with applicable local, state and federal fair housing
laws;
7. Making decisions and determinations as to whether a pending site plan,
subdivision plat, building permit application or any other application subject to
review and approval by the county or the program authority complies with this
chapter;
8. Administering and enforcing proffers accepted in conjunction with zoning map
amendments, including: (i) ordering in writing the remedying of any
noncompliance with the proffers; (ii) insuring compliance with the proffers by
bringing legal action, including an action for injunction, abatement, or other
appropriate action or proceeding; and (iii) requiring a guarantee in the form of a
surety bond, letter of credit, cash deposit, or another form of guarantee
determined to be acceptable by the county attorney, in an amount sufficient for
and conditioned upon the construction of any physical improvements required by
the proffers, or a contract for the construction of the improvements and the
contractor's guarantee, in like amount and so conditioned, which guarantee shall
be reduced or released by the zoning administrator, upon the submission of
satisfactory evidence that construction of the improvements has been completed
in whole or in part; and
9. Keeping and making available for public inspection a conditional zoning index.
The index shall provide ready access to the proffers accepted in conjunction with
a zoning map amendment and the regulations provided for in a particular district
or zone. The index also shall provide ready access to all proffered cash
payments and expenditures disclosure reports prepared by the board of
supervisors pursuant to Virginia Code § 15.2- 2303.2. The zoning administrator
shall update the index annually and no later than November 30 of each year.
Absence of specific authority not a limitation. The specific authority expressly granted to
the zoning administrator in other sections of this chapter shall not be construed to be a
limitation on the authority of the zoning administrator to administer and enforce those
sections where specific authority is not expressed.
State law reference — Va. Code §§ 15.2- 2286(A)(4), (14), 15.2 -2299, 15.2 -2300.
Sec. 33 Zoning Text Amendments, Zoning Map Amendments, Special Use Permits and
Special Exceptions
Sec. 33.1 Purpose and intent
The purpose and intent of section 33 is to establish the procedural and substantive
requirements and criteria for considering and acting on zoning text amendments, zoning map
amendments, special use permits, except for those delegated by this chapter to the board of
zoning appeals, and special exceptions.
State law reference — Va. Code §§ 15.2 -2285, 15.2- 2286(A)(3), (4), (7), 15.2 -2303.
Sec. 33.2 Uniform requirements for the initiation of zoning text amendments and zoning
map
amendments
The board of supervisors may amend, supplement, or change the zoning regulations, district
boundaries, or classifications of property whenever the public necessity, convenience, general
welfare, or good zoning practice requires. The initiation of this process shall be as follows:
a. Initiation of a zoning text amendment. Any zoning text amendment shall be initiated: (i)
by resolution of the board of supervisors; or (ii) by motion or resolution of the
commission. Any county officer or any other person may request that the board of
supervisors or the commission initiate a zoning text amendment. The board of
supervisors shall consider an owner - requested zoning text amendment at specified
intervals of three (3) months on dates established by resolution of the board in January
each year.
Initiation of a zoning map amendment. Any proposed zoning map amendment shall be
initiated: (i) by resolution of the board of supervisors; (ii) by motion or resolution of the
commission; or (iii) by application of the owner, contract purchaser with the owner's
written consent, or the owner's agent therefor (collectively, the "owner ") of the parcel(s)
that is the subject of the proposed zoning map amendment ( "owner- initiated
application ").
Required signatures on owner - initiated application. Each owner - initiated
application for a zoning map amendment shall be signed by the owner of each
parcel that is the subject of the proposed zoning map amendment, provided that:
a. Amendments to existing proffers. An owner whose parcel is subject to
proffers may apply to amend the proffers applicable solely to the owner's
parcel, provided that written notice of the application is provided to the
owners of other parcels subject to the same proffers under Virginia Code
§§ 15.2- 2204(H) and 15.2 -2302. However, the signatures of the owners
of the other parcels subject to the same proffers shall not be required
Amendments to planned developments. An owner within an existing
planned development may apply for a zoning map amendment, and the
signatures of any other owners within the planned development is
required only if the amendment could result in or require: (i) a change in
use, density or intensity on that parcel; (ii) a change to any regulation in a
code of development that would apply to that parcel; (iii) a change to an
owner's express obligation under a regulation in a code of development;
or (iv) a change to the application plan that would apply to that parcel.
2. Documentation. The director of planning may require the applicant to submit
documentation establishing ownership of any parcel and the authority of the
signatory to sign the application on behalf of the owner.
State law reference — Va. Code §§ 15.2 -2285, 15.2- 2286(A) (4), (7), 15.2 -2302.
Sec. 33.3 Uniform procedures for zoning text amendments and county- initiated zoning
map amendments
Each zoning text amendment and each county- initiated zoning map amendment shall be subject
to the following:
a. Determining completeness of the application for zoning map amendment; rejecting
incomplete applications. An application that provides all of the information required by
the director of planning shall be determined to be complete and be accepted for review
and decision.
Worksessions and community meetings. The director of planning is authorized to
schedule worksessions before the board of supervisors, the commission, and the
architectural review board, if applicable, and community meetings, as he determines to
be appropriate.
C. Public hearings. Before the board of supervisors acts on a zoning text amendment or a
zoning map amendment, the commission shall hold at least one public hearing before
making its recommendation to the board on each application. The board also shall hold
at least one public hearing before acting on the zoning text amendment or zoning map
amendment.
d. Notice of public hearings. Notice of public hearings shall be provided as follows:
Published and mailed notice. Notice of the public hearing before the commission
and the board of supervisors on an application shall be provided as required by
Virginia Code § 15.2 -2204 and Virginia Code § 15.2- 2285(C).
2. Posted notice. Notice of the public hearing before the commission and the board
of supervisors on each application for a zoning map amendment shall be posted
as provided in section 33.4(m)(2) to the extent those provisions are applicable in
the context of the application.
e. Time for decision. Decisions shall be made within the following periods:
By the commission. Once an application is determined to be complete as
provided in subsection (a), it shall be acted on by the commission within ninety
(90) days following the first meeting of the commission after it was referred to the
commission, according to the schedule established and administered by the
director of planning. The failure of the commission to make a recommendation on
the application within the ninety (90) day period shall be deemed to be a
recommendation of approval, unless the commission extends the ninety (90) day
period.
2. By the board of supervisors. An application shall be acted on by the board of
supervisors within a reasonable period as may be necessary not to exceed
twelve (12) months following the first meeting of the commission after it was
referred to the commission, according to the schedule established and
administered by the director of planning, unless the board extends the twelve
(12) month period.
3. Referral. The board of supervisors may refer an application to the commission
after the commission has made a recommendation or the application has been
deemed to be recommended for approval, provided that further action by the
commission and action by the board is within the twelve (12) month period
provided in subsection (e)(2), unless the twelve (12) month period is extended.
Judicial review. Any action contesting a decision of the board of supervisors under this
section shall be as provided in Virginia Code § 15.2- 2285(F).
State law reference — Va. Code §§ 15.2 -2204, 15.2 -2285, 15.2- 2286(A) (4), (7).
Sec. 33.4 Uniform procedures for owner - initiated zoning map amendments and special
use permits
Each application for an owner - initiated zoning map amendment or special use permit, except for
those delegated by this chapter to the board of zoning appeals under section 4.15.5, shall be
subject to the following:
a. Pre - application meeting. A pre - application meeting shall be held with each prospective
applicant (the "applicant "), and the applicant shall complete and submit information on
county - provided forms before submitting an application (collectively, the "pre- application
meeting "), subject to the following:
Purposes for a meeting. The purposes for a pre - application meeting are to: (i)
provide the applicant and the county a common understanding of the proposed
project; (ii) inform the applicant about the proposed project's consistency with the
comprehensive plan, other relevant policies, and county regulations; (iii) broadly
identify the planning, zoning and other issues raised by the application that need
to be addressed by the applicant; (iv) inform the applicant about the applicable
procedure; and (v) allow the director to identify the information the applicant must
submit with the application, including the supplemental information delineated in
subsection (c). Receiving the relevant supplemental information will allow the
application to be comprehensively and efficiently reviewed.
2. Factors to consider in requiring meeting. A pre - application meeting shall be held
unless the director, in his discretion, decides that the meeting would not achieve
the purposes for the meeting upon considering the following: (i) whether the
proposed use, the proposed density, the proposed scale and potential impacts,
the proposed district, and other considerations he determines to be relevant
under sound zoning principles do not warrant a pre - application meeting; (ii)
whether the supplemental information delineated in subsection (c) can be
identified without the meeting; (iii) whether the application would be one of a
recurring nature for which the required information and the issues raised are well -
established for the proposed application; and (iv) whether the application raises
any complex issues that create the need for the meeting.
Applications. Each application shall be composed of a completed county - provided
application form and supplemental information (collectively, the "application ") required to
review and act on the application.
Application forms. The director of planning is authorized to establish appropriate
application forms for zoning map amendments and special use permits. The
application form shall delineate the supplemental information required to be
provided, as set forth in subsection (b)(2).
2. When supplemental information may be required; establish or amend
conventional districts; amend planned development districts; obtain or amend
special use permits. For each application for a zoning map amendment to
establish or amend a conventional district, to amend a planned development
district, and for each application to obtain or amend a special use permit, the
director of planning may require some or all of the supplemental information
delineated in subsection (c) to be submitted with each application. In determining
what supplemental information must be submitted, the director shall consider the
proposed use, the proposed density, the proposed district, and other
considerations he determines to be relevant under sound zoning principles.
3. When supplemental information required; establish planned development
districts. Each application to establish a planned development district shall
submit all of the supplemental information delineated in subsection (c).
C. Elements of the supplemental information. The supplemental information is the following:
Project proposal. A narrative of the project proposal, including its public need or
benefit; an application to establish a neighborhood model district shall include a
statement describing how the proposed district satisfies the intent of this chapter
and if one or more characteristics of the neighborhood model delineated in
section 20A.1 are missing from an application, the applicant shall justify why any
characteristics cannot or should not be provided.
2. Comprehensive plan. A narrative of the proposed project's consistency with the
comprehensive plan, including the land use plan and the master plan for the
applicable development area; an application to establish a neighborhood model
district also shall include a narrative as to the project's consistency with the
neighborhood model.
3. Impacts on public facilities and infrastructure. A narrative of the proposed
project's impacts on public facilities and public infrastructure.
4. Impacts on environmental features. A narrative of the proposed project's impacts
on environmental features.
5. Proposed proffers to address impacts. A narrative of the proffers proposed to
address impacts from the proposed project.
6. Maps. One or more maps showing the proposed project's regional context and
existing natural and manmade physical conditions; if the project is to amend an
existing planned development district and the proposed amendment would affect
less area than the entire district, the applicant shall submit a map showing the
entire existing planned development district and identifying any area to be added
to or deleted from the district, or identifying the area to which the amended
application plan, code of development, proffers or any special use permit or
special exception would apply.
7. Conceptual plan for zoning map amendments for conventional districts and
special use permits. For an application for a zoning map amendment to establish
a conventional district or a special use permit, a conceptual plan showing, as
applicable: (i) the street network, including circulation within the project and
connections to existing and proposed or planned streets within and outside of the
project; (ii) typical cross - sections to show proportions, scale and
streetscape /cross- sections /circulation; (iii) the general location of pedestrian and
bicycle facilities; (iv) building envelopes; (v) parking envelopes; (vi) public spaces
and amenities; (vii) areas to be designated as conservation and /or preservation
areas; (viii) conceptual stormwater detention facility locations; and (ix) conceptual
grading.
8. Application plan for zoning map amendments for planned development districts.
For an application to establish a planned development district or to amend an
approved application plan for an existing planned development district, an
application plan showing, as applicable: (i) the street network, including
circulation within the project and connections to existing and proposed or
planned streets within and outside of the project; (ii) typical cross - sections to
show proportions, scale and streetscape /cross - sections /circulation; (iii) the
general location of pedestrian and bicycle facilities; (iv) building envelopes; (v)
parking envelopes; (vi) public spaces and amenities; (vii) areas to be designated
as conservation and /or preservation areas; (viii) conceptual stormwater detention
facility locations; (ix) conceptual grading; (x) a use table delineating use types,
the number of dwelling units, non - residential square footage, building stories
and /or heights, build -to lines, setbacks and yards, and other features; (xi)
topography, using the county's geographic information system or better
topographical information, and the source of the topographical information,
supplemented where necessary by spot elevations and areas of the site where
there are existing critical slopes; (xii) the general layout for water and sewer
systems; (xiii) the location of central features or major elements within the project
essential to the design of the project, such as major employment areas, parking
areas and structures, civic areas, parks, open space, green spaces, amenities
and recreation areas; (xiv) standards of development including proposed yards,
open space characteristics, and any landscape or architectural characteristics
related to scale, proportions, and massing at the edge of the district; (xv) a
conceptual lot layout; and (xvi) if the application is to establish a neighborhood
model district, the location of proposed green spaces and amenities as provided
in section 20A.9.
9. Code of development in a proposed neighborhood model district. An application
to establish a neighborhood model district shall include a code of development
satisfying the requirements of section 20A.5.
10. Parking and loading needs study in a proposed neighborhood model district. An
application to establish a neighborhood model district shall include a parking and
loading needs study that demonstrates parking needs and requirements and
includes strategies for dealing with these needs and requirements, including
phasing plans, parking alternatives as provided in section 4.12.8, and
transportation demand management strategies as provided in section 4.12.12;
provided that the applicant may elect to submit the parking and loading needs
study in conjunction with the preliminary site plan for the development if it
determines that the uses that may occupy the buildings are not sufficiently known
at the time of the zoning map amendment.
11. Stormwater management in a proposed neighborhood model district. An
application to establish a neighborhood model district shall include strategies for
establishing shared stormwater management facilities, off -site stormwater
management facilities, and the proposed phasing of the establishment of
stormwater management facilities.
12. Traffic impact statement. For zoning map amendments, a local traffic impact
statement as required by Virginia Code § 15.2- 2222.1 and 24 VAC 30- 155 -40.
13. Recorded plat or boundary survey. The most recently recorded plat of the
parcel(s) composing the proposed project, or a boundary survey if a portion of
one or more parcels compose the proposed project, both of which shall include a
metes and bounds description of the boundaries.
14. Ownership information. Documents that verify the identity of all record title
owners of the parcel(s) composing the proposed project and documents
identifying the authorized signatories of the application, the proffer statement, if
applicable, and all other related documents.
15. Contact person. The name, address, telephone number and e-mail address of a
single contact person for communications between the county and the applicant.
16. Other information. Other special studies or documentation, if applicable, and any
other information identified as necessary by the county on the pre - application
comment form.
d. Payment of delinquent taxes. The applicant shall provide satisfactory evidence that any
delinquent real estate taxes, nuisance charges, stormwater management utility fees, and
any other charges that constitute a lien on the subject property, that are owed to the
county and have been properly assessed against the subject property, have been paid.
e. Filing the application; number of copies. The owner, the owner's agent, or a contract
purchaser with the owner's written consent (the "applicant ") may file the application with
the department of community development. The director of planning is authorized to
establish for each class of application the number of collated copies of the application
required to be filed.
Determining completeness of the application; rejecting incomplete applications. An
application that provides all of the required information shall be determined to be
complete and be accepted for review and decision. An application omitting any required
information shall be deemed to be incomplete and shall not be accepted.
Timing of determination of completeness. The director of planning shall
determine whether an application is complete within ten (10) days after the
application was received.
2. Procedure if application is incomplete. The director of planning shall inform the
applicant by letter explaining the reasons why the application was rejected as
being incomplete. The letter shall be sent by first class mail, be personally
delivered or, if consented to by the applicant in writing, by fax or email.
3. Effect if timely determination not made. If the director of planning does not send
or deliver the notice as provided in subsection (f)(2) within the ten (10) day
period, the application shall be deemed to be complete, provided that the director
may require the applicant to later provide the omitted information within a period
specified by the director, and further provided that the director may reject the
application as provided herein if the applicant fails to timely provide the omitted
information.
4. Notice to other owners of application for zoning map amendment to amend
existing proffers. Within ten (10) days after an application for a zoning map
amendment seeking to amend existing proffers is determined to be complete,
written notice of the proposed amendment shall be provided to each owner
subject to the same proffers as required by Virginia Code §§ 15.2- 2204(H) and
15.2 -2302.
g. Payment of fees. When an application is determined to be complete, the applicant shall
pay the fee required by section 35.1 before the application is further processed.
Resubmittal of application originally determined to be incomplete. Within six (6) months
after the date the letter that an application was rejected as being incomplete was mailed,
faxed, emailed or delivered by the director of planning as provided in subsection (f)(2),
the applicant may resubmit the application with all of the information required by
subsections (b) and (c) for a new determination of completeness under subsection (f).
Worksessions. For any application, the director of planning may schedule worksessions
before the board of supervisors, the commission, and the architectural review board, if
applicable, as he determines to be appropriate considering the nature of the approval
requested, the acreage affected, the possible impacts that could result from an approved
application, and any other factors deemed relevant upon applying sound zoning
principles, subject to the following:
1. Purposes for a worksession. The purposes for a worksession are to present the
proposed project to the board or the commission with the department of
community development's analysis of the major issues, seek direction from the
board or commission on their expectations in addressing those issues, and to
allow the board or commission to receive public comments.
2. When applicant's consent required. The applicant's consent to a worksession
shall be required if the worksession would extend the time for action by the
commission or the board beyond the deadlines in subsection (n).
Community meetings. A community meeting shall be held for each application, subject to
the following:
Purposes for a meeting. The purposes for a community meeting are to: (i)
provide interested members of the public the opportunity to receive information
about the proposed project, the applicable procedure, the policies of the
comprehensive plan, other relevant policies, and regulations applicable to the
proposed project; and (ii) to allow the public to ask questions about the proposed
project.
2. Factors to consider in requiring meeting. A community meeting shall be held
unless the director, in his discretion, decides that the meeting would not achieve
the purposes for the meeting upon considering the following: (i) whether the
application would be likely to generate any public concerns because of the nature
of the approval requested, the acreage affected, the proposed density, the
proposed scale, and the potential impacts; (ii) any other factors deemed relevant
upon applying sound zoning principles; and (iii) whether the applicant has
already held one or more community meetings regarding the application so as to
make a community meeting under this subsection unnecessary.
3. Guidelines. The director of planning is authorized to establish written guidelines
pertaining to which applications should have community meetings, when in the
process community meetings should be conducted, and how a community
meeting should be conducted including, but not limited to, how and to whom
notice should be provided for community meetings, which notice may include
posting signs at the site before the meeting, who should schedule and lead the
meeting, the format of the meeting, and how the issues identified at the meeting
should be documented.
4. When applicant's consent required. The applicant's consent to a community
meeting shall be required if the community meeting would extend the time for
action by the commission or the board beyond the deadlines in subsection (n).
Review of staff comments. Upon request by the applicant, the director of planning shall
meet with the applicant to review comments to the application made by county staff.
Public hearings. Before the board of supervisors acts on a zoning map amendment or a
special use permit, the commission shall hold at least one public hearing before making
its recommendation to the board on each application. The board shall hold at least one
public hearing before approving an application.
M. Notice of public hearings. Notice of public hearings shall be provided as follows:
Published and mailed notice. Notice of the public hearing before the commission
and the board of supervisors on an application shall be provided as required by
Virginia Code § 15.2 -2204; for zoning map amendments, as also provided by
Virginia Code § 15.2- 2285(C); and, for zoning map amendments seeking to
amend an existing planned development district, written notice of the proposed
amendment also shall be provided to the owner of each parcel within the planned
development district and the substance of that notice shall be as required by
Virginia Code § 15.2- 2204(B), paragraph 1, regardless of the number of parcels
affected.
2. Posted notice. Notice of the public hearing before the commission and the board
of supervisors on each application shall be posted, as follows:
a. When sign must be posted. The sign shall be posted by the zoning
administrator at least twenty -one (21) days before the commission's
public hearing on the application and shall remain posted until the board
of supervisors has acted on the application or the application has been
withdrawn.
Where sign to be located. The sign shall be erected within ten (10) feet of
each boundary line of the parcel(s) that abuts a street and shall be so
placed as to be clearly visible from the street. If more than one street
abuts the parcel(s), then either: (i) a sign shall be erected in the same
manner as above for each abutting street; or (ii) if the area of the
parcel(s) to be used if the application was granted is confined to a
particular portion of the parcel(s), a sign erected in the same manner as
above for the abutting street that is in closest proximity to, or would be
impacted by, the proposed use. A sign need not be posted along
Interstate 64 or along any abutting street if the sign would not be visible
from that street. If no street abuts the parcel(s), then signs shall be
erected in the same manner as above on at least two boundaries of the
parcel(s) abutting land not owned by the applicant in locations that are
most conspicuous to the public. The filing of the application shall be
deemed to grant consent to the zoning administrator to enter the parcel(s)
to erect the signs.
C. Content of sign. Each sign shall state that the parcel(s) is subject to a
public hearing and explain how to obtain additional information about the
public hearing.
d. Maintaining the sign. The applicant shall diligently protect each sign from
vandalism and theft, maintain each sign in an erect position in its posted
location, and ensure that each sign remains legible. The failure of an
applicant to comply with these responsibilities may be cause for the
commission or the board of supervisors to defer action on an application
until there is reasonable compliance with this subsection.
e. Ownership of sign; violation for removing or tampering with sign. Each
sign is the property of the board of supervisors. It shall be unlawful for any
person to remove or tamper with any sign, except the applicant
performing maintenance required by this subsection or the zoning
administrator.
Effect of failure to comply. If the requirements of this subsection to post
notice are not complied with:
Prior to action by board. The board of supervisors may defer
taking action on an application if it finds that the failure to comply
with this subsection materially deprived the public of reasonable
notice of the public hearing.
2. Action not invalid. No action on an application shall be declared
invalid solely because of the failure to post notice as required by
this subsection.
Time for decision. Each application shall be acted on as follows:
By the planning commission. An application shall be acted on by the commission
within ninety (90) days following the first meeting of the commission after it was
referred to the commission, according to the schedule established and
administered by the director of planning. The failure of the commission to make a
recommendation on the application within the ninety (90) day period shall be
deemed to be a recommendation of approval unless the applicant requests or
consents to the ninety (90) day period being extended.
2. By the board of supervisors. An application shall be acted on by the board of
supervisors within a reasonable period as may be necessary not to exceed
twelve (12) months following the first meeting of the commission after it was
referred to the commission, according to the schedule established and
administered by the director of planning, unless the applicant requests or
consents to the twelve (12) month period being extended.
3. Tolling. The period in which action is required by the commission or the board of
supervisors shall be tolled during any period in which the applicant has requested
that the review of the application be suspended or the public hearings or action
thereon be deferred or continued.
4. Referral. The board of supervisors may refer an application to the commission
after the commission has made a recommendation or the application has been
deemed to be recommended for approval, provided that further action by the
commission and action by the board of supervisors is within twelve (12) months
following the first meeting of the commission after it was referred to the
commission, according to the schedule established and administered by the
director of planning, unless the applicant requests or consents to the twelve (12)
month period being extended.
o. Recommendation by commission. The commission shall either recommend approval of
the application as proposed, approval subject to changes being made prior to action by
the board of supervisors, or disapproval. For any application for a zoning map
amendment, the commission's recommendation also should include its
recommendations on proposed proffers and, for any application to establish or amend a
planned development district, its recommendations on the application plan, the
standards of development, the code of development, and any special exception
requested by the applicant under section 8.2. For any application for a special use
permit, the commission's recommendation should include its recommendations on the
proposed conditions.
Action by the board of supervisors. The board of supervisors may either approve or deny
the application, or defer action to allow changes to be made prior to final action by the
board. In approving an application for a zoning map amendment, the board may accept
the proposed proffers as provided in section 33.7. In approving an application for a
special use permit, the board may impose conditions as provided in section 33.8.
q. Intensification of use classification prohibited without additional notice and hearing. No
land may be zoned to a more intensive use classification than was contained in the
public notice without an additional public hearing after notice is provided as required by
Virginia Code §§ 15.2 -2204 and 15.2- 2285(C).
Withdrawal of application. An application may be withdrawn, or be deemed to be
withdrawn, as provided herein:
Request to withdraw by applicant. An application may be withdrawn upon written
request by the applicant. The written request must be received by the body
considering the application prior to it beginning consideration of the matter on the
meeting agenda. Upon receipt of the request for withdrawal, processing of the
application shall cease without further action by the commission or the board of
supervisors. An applicant may not submit an application that is substantially the
same as the withdrawn application within one (1) year of the date of withdrawal
unless the body considering the application at the time of withdrawal specifies
that the time limitation shall not apply.
2. When application deemed withdrawn. An application shall be deemed to have
been voluntarily withdrawn if the applicant requested that further processing or
formal action on the application be indefinitely deferred and the commission or
the board of supervisors is not requested by the applicant to take action on the
application within one (1) year after the date the deferral was requested. Upon
written request received by the director of planning before the one (1) year period
expires, the director may grant one extension of the deferral period for a period
determined to be reasonable, taking into consideration the size or nature of the
proposed use, the complexity of the review, and the laws in effect at the time the
request for extension is made. Upon written request received by the clerk of the
board of supervisors before the extension of the deferral period granted by the
director expires, the board of supervisors may grant one additional extension of
the deferral period determined to be reasonable, taking into consideration the
size or nature of the proposed use, the complexity of the review, and the laws in
effect at the time the request for extension is made. The timely receipt by the
clerk of the extension request shall toll the expiration of the extended deferral
period until the board acts on the request.
S. Resubmittal of similar denied application. An applicant may not submit an application
that is substantially the same as the denied application within one (1) year after the date of the
denial.
t. Judicial review. Any action contesting a decision of the board of supervisors under this
section shall be as provided in Virginia Code § 15.2- 2285(F).
State law reference — Va. Code §§ 15.2 -2204, 15.2 -2285, 15.2- 2286(A)(3), (4), (7), (B).
Sec. 33.5 Uniform procedures for special exceptions
Each application for a special exception shall be subject to the following:
a. Matters requiring a special exception. Notwithstanding any other section of this chapter:
Any request for a waiver, modification, variation or substitution permitted by this
chapter shall be considered and acted upon by the board of supervisors,
provided that no special exception shall be required for the development and
construction of residential dwellings at the use, height and density permitted by
right in the applicable district as provided by Virginia Code § 15.2- 2288.1.
2. Any requirement for a decision by the commission required by this chapter shall
be considered and acted upon by the board of supervisors. For the purposes of
this section, a decision by the commission does not include the consideration
and action by the commission on a preliminary or final site plan under section 32
of this chapter or any variation or exception provided in section 32.
Application. Each application for a special exception shall be made as provided by, and
include the information required by, the applicable section of this chapter authorizing the
waiver, modification, variation or substitution. An application shall be deemed to be
officially submitted when the applicant has submitted all of the required information as
determined by the director of planning.
C. Public hearings. Before the board of supervisors acts on a special exception that would
increase by greater than fifty (50) percent the bulk or height of an existing or proposed
building within one -half mile of an adjoining locality, the commission shall hold at least
one public hearing before making its recommendation to the board on each application.
The board shall hold at least one public hearing before approving an application.
d. Notice of public hearings. Notice of public hearing before the commission and the board
of supervisors on an application for which a public hearing is required under subsection
(c) shall be provided as required by Virginia Code § 15.2- 2204(C).
e. Time for decision. Each application for a special exception shall be acted on by the
board of supervisors within ninety (90) days following the first meeting of the commission
after it was referred to the commission, according to the schedule established and
administered by the director of planning, or concurrently with a zoning map amendment,
special use permit, or site plan appeal, whichever is longer.
Recommendation by planning commission. For those applications considered by the
commission, the commission shall either recommend approval of the application as
proposed, approval of the application with changes to be made prior to action on the
application by the board of supervisors, or disapproval. The commission's
recommendation should include its recommendations on the proposed conditions.
g. Action by the board of supervisors. The board of supervisors may either approve the
application, deny the application, or defer action to allow changes to be made prior to
final action by the board. In approving the application, the board may impose conditions
as provided in section 33.9.
Judicial review. Any action contesting a decision of the board of supervisors under this
section shall be as provided in Virginia Code § 15.2- 2285(F).
State law reference — Va. Code § 15.2- 2286(A)(3), 15.2- 2288.1.
Sec. 33.6 Zoning text amendments and zoning map amendments; relevant factors to be
considered; effect of approval
A zoning text amendment or a zoning map amendment shall be subject to the following:
a. Basis to act. The board of supervisors may amend, supplement, or change the zoning
regulations, district boundaries, or classifications of property whenever the public
necessity, convenience, general welfare, or good zoning practice requires. The
commission shall consider these bases when making a recommendation on an
application.
b. Factors to be considered when acting. The commission and the board of supervisors
shall reasonably consider the following factors when they are reviewing and acting upon
zoning text amendments and zoning map amendments: (i) the existing use and
character of property; (ii) the comprehensive plan; (iii) the suitability of property for
various uses; (iv) the trends of growth or change; (v) the current and future requirements
of the community as to land for various purposes as determined by population and
economic studies and other studies; (vi) the transportation requirements of the
community; (vii) the requirements for airports, housing, schools, parks, playgrounds,
recreation areas and other public services; (viii) the conservation of natural resources;
(ix) the preservation of flood plains; (x) the protection of life and property from
impounding structure failures; (xi) the preservation of agricultural and forestal land; (xii)
the conservation of properties and their values; and (xiii) the encouragement of the most
appropriate use of land throughout the county.
Additional factors to be considered when acting; application to establish planned
development district. In addition to the other factors relevant to the consideration
of a zoning map amendment, the commission and the board of supervisors shall
consider the following when reviewing an application to establish a planned
development district: (i) whether the proposed planned development satisfies the
purpose and intent of the planned development district; (ii) whether the area
proposed to be rezoned is appropriate for a planned development under the
comprehensive plan; and (iii) the relation of the proposed planned development
to major roads, utilities, public facilities and services.
2. Additional factors to be considered when acting; application to amend existing
planned development district. In addition to the other factors relevant to the
consideration of a zoning map amendment, including those in subsections (b)
and (b)(1), the commission and the board of supervisors shall consider the
following when reviewing an application to amend an existing planned
development district: (i) whether the proposed amendment reduces, maintains or
enhances the elements of a planned development set forth in section 8.3; and (ii)
the extent to which the proposed amendment impacts the other parcels within the
planned development district.
C. Effect of approval. The board of supervisors' approval of a zoning map amendment shall
constitute acceptance of the proffers and also, for any application to establish or amend
a planned development district, approval of the application plan, all standards of
development, the code of development, and any waivers or modifications it has
approved by special exception as provided under section 8.2. The district designation,
the accepted proffers, and, if applicable, the approved application plan, standards of
development, and code of development, and, if applicable, the special exception shall be
included as part of the zoning regulations applicable to parcel(s) that were the subject of
the zoning map amendment.
State law reference — Va. Code §§ 15.2 -2284, 15.2 -2285, 15.2- 2286(A)(7).
Sec. 33.7 Owner - initiated zoning map amendments; authority to accept proffers
The board of supervisors is authorized to accept proffers pursuant to Virginia Code § 15.2 -2303
in conjunction with owner - initiated zoning map amendments as follows:
a. Purpose. Proffers are conditions that are intended to provide for the protection of the
community that are not generally applicable to land similarly zoned. Accordingly, proffers
are reasonable conditions that are in addition to the regulations provided for the district
under this chapter.
Form. Proffers shall be in writing and in a form that is approved by the county attorney.
The director of planning is authorized to provide applicants with a proffer statement form.
C. Timing of submittal. Proffers, signed by the owner of all parcels subject to the zoning
map amendment, shall be submitted to the department of community development prior
to the public hearing before the board of supervisors on the proposed public hearing.
The director of planning is authorized to establish written guidelines that require signed
proffers to be submitted a reasonable period of time prior to the public hearing so as to
allow the county and members of the public a reasonable period of time to review the
proffers.
d. Amendments to proposed proffers after public hearing has begun. The board of
supervisors may accept, in its sole discretion, amended proffers once the public hearing
on the zoning map amendment has begun if it concludes that the amended proffers do
not materially affect the overall proposal. If amended proffers are submitted after the
public hearing is closed, the board may accept, in its sole discretion, the amended
proffers after holding another public hearing.
e. Effect of proffers once accepted. Once proffered and accepted by the board of
supervisors in conjunction with an approved zoning map amendment, the proffers shall
continue in effect until a subsequent zoning map amendment changes the zoning of the
parcel(s) subject to the proffers; provided that the proffers shall continue in effect if the
subsequent zoning map amendment is part of a comprehensive implementation of a
new or substantially revised zoning ordinance.
Subsequent amendments to proffers. Once accepted by the board of supervisors in
conjunction with an approved zoning map amendment, proffers may be amended by an
owner - initiated zoning map amendment. An application to amend proffers shall be
subject to the procedures under section 33.4, provided that a public hearing before the
commission under section 33.4(1) and a recommendation from the commission under
section 33.4(0) shall not be required unless the board refers the application to the
commission for a public hearing and recommendation. The board shall act on the
application within a reasonable time not to exceed twelve (12) months after the date it
was determined to be complete by the director. Before the board acts on an application
to amend proffers, it shall hold a public hearing. Notice of the public hearing shall be
provided as required by sections 33.4(f)(4) and 33.4(m). In its sole discretion, the board
may waive the requirement for a public hearing on an application to amend proffers if it
concludes that the proposed amendments do not pertain to conditions affecting use or
density.
State law reference — Va. Code §§ 15.2 -2296, 15.2 -2302, 15.2 -2303.
Sec. 33.8 Special use permits; relevant factors to be considered; conditions; revocation
Special use permits shall be subject to the following:
a. Factors to be considered when acting. The commission and the board of supervisors
shall reasonably consider the following factors when they are reviewing and acting upon
an application for a special use permit:
No substantial detriment. The proposed special use will not be a substantial
detriment to adjacent lots.
2. Character of district unchanged. The character of the district will not be changed
by the proposed special use.
3. Harmony. The proposed special use will be in harmony with the purpose and
intent of this chapter, with the uses permitted by right in the district, with the
regulations provided in section 5 as applicable, and with the public health, safety
and general welfare.
4. Consistency with comprehensive plan. The use will be consistent with the
comprehensive plan.
b. Conditions. The commission may recommend, and the board of supervisors may
impose, conditions upon the special use to address impacts arising from the use in order
to protect the public health, safety or welfare. The conditions may pertain to, but are not
limited to, the following:
The prevention or minimization of smoke, dust, noise, traffic congestion, flood
and /or other hazardous, deleterious or otherwise undesirable substances or
conditions.
2. The provision of adequate police and fire protection.
3. The provision of adequate improvements pertaining to transportation, water,
sewage, drainage, recreation, landscaping and /or screening or buffering.
4. The establishment of special requirements relating to building setbacks, front,
side and rear yards, off - street parking, ingress and egress, hours of operation,
outside storage of materials, duration and intensity of use, building heights, and
other particular aspects of occupancy or use.
5. The period by which the use must begin or the construction of any structure
required for the use must commence.
6. The materials and methods of construction or specific design features, provided
such a condition for residential uses shall comply with subsection (c).
C. Conditions related to residential uses. Any conditions imposed in connection with
residential special use permits: (i) shall be consistent with the objective of providing
affordable housing if the applicant proposes affordable housing; and (ii) shall consider
the impact of the conditions on the affordability of housing where the conditions specify
the materials and methods of construction or specific design features.
d. Conditions deemed to be essential and nonseverable. Except as the board of
supervisors may specify in a particular case, any condition imposed on a special use
shall be deemed to be essential and nonseverable from the permit itself and any
condition determined to be invalid, void or unlawful shall invalidate the special use
permit.
e. Revocation for noncompliance with conditions. A special use permit may be revoked by
the board of supervisors after a public hearing if the board determines that there has not
been compliance with the conditions of the permit. Notice of the public hearing shall be
as provided in Virginia Code § 15.2 -2204, provided that the written notice provided by
the board of supervisors to the owners, their agents, or the occupants of abutting parcels
and parcels immediately across the street from the parcel(s) subject to the special use
permit, the board of supervisors may be given by first -class mail rather than by
registered or certified mail.
State law reference — Va. Code §§ 15.2- 2286(A)(3), 15.2- 2309(7).
Sec. 33.9 Special exceptions; relevant factors to be considered; conditions
Special exceptions shall be subject to the following:
a. Factors to be considered when acting. In acting upon a special exception, the board of
supervisors shall consider the factors, standards, criteria, and findings, however
denominated, in the applicable sections of this chapter, provided that the board shall not
be required to make specific findings in support of its decision.
Conditions. In approving a special exception, the board of supervisors may impose
reasonable conditions to address any possible impacts of the special exception.
State law reference — Va. Code § 15.2- 2286(A)(3).
Sec. 34.4 Application for variances
Any owner may apply for a variance. The application shall be made to the zoning administrator
in accordance with the provisions of this section and with rules adopted by the board of zoning
appeals. The application and accompanying maps, plans or other information shall be
transmitted promptly to the secretary of the board of zoning appeals who shall place the matter
on the docket to be acted on by the board of zoning appeals. No s variance shall be
authorized except after notice and hearing is provided as required by Virginia Code § 15.2-
2204. The owner shall provide satisfactory evidence that any delinquent real estate taxes,
nuisance charges, stormwater management utility fees, and any other charges that constitute a
lien on the subject property, that are owed to the county and have been properly assessed
against the subject property, have been paid.
State law reference — Va. Code §§ 15.2- 2286(6), 15.2 -2309.
Sec. 35.1 Fees
Each applicant shall pay the following applicable fees, provided that neither the county nor the
county school board shall be required to pay any fee if it is the applicant:
a. Zoning text amendments: $1000.00
Zoning map amendments:
1. Less than 50 acres; application and first resubmission: $2500.00
2. Less than 50 acres; each additional resubmission: $1250.00
3. 50 acres or greater; application and first resubmission: $3500.00
4. 50 acres or greater; each additional resubmission: $1750.00
5. Deferral of scheduled public hearing at applicant's request: $180.00
C. Special use permits:
1. Additional lots under section 10.5.2.1, public utilities, day care center, home
occupation Class B, to amend existing special use permit, or to extend existing
special use permit; application and first resubmission: $1000.00
2. Additional lots under section 10.5.2.1, public utilities, day care center, home
occupation class B, to amend existing special use permit, or to extend existing
special use permit; each additional resubmission: $500.00
3. Signs reviewed by the board of zoning appeals: See subsection 35.1(f)
4. All other special use permits; application and first resubmission: $2000.00
5. All other special use permits; each additional resubmission: $1000.00
6. Deferral of scheduled public hearing at applicant's request: $180.00
7. Farmers' markets without an existing commercial entrance approved by the
Virginia Department of Transportation or without existing and adequate parking -
$490.00
8. Farmers' markets with an existing commercial entrance approved by the Virginia
Department of Transportation and with existing and adequate parking - $110.00
d. Site plans:
1. Initial site plans: $1200.00 plus $15 per dwelling unit and $0.015 per square foot
of nonresidential structure; the fee paid for preapplication plans shall be applied
to the fee for initial site plans
2. Preapplication plans: $500.00
3. Final site plans: $1500.00
4. Exception to drawing of site plan under section 32.3.5(a): $1500.00
5. Site plan amendments under section 32.3.3(b): $500.00 (minor); $100.00 (letter
of revision)
6. Site plan amendments under section 32.3.3(b) (major): $1500.00
7. Appeals under section 32.4.2.6: $240.00
8. Reinstatement of review under sections 32.4.2.1(d) and 32.4.3.1(e): $240.00
9. Reinstatement of review under section 32.4.2.5(e): $80.00
10. Extension of period of validity: $475.00
11. Inspections pertaining to secured site plan improvements; per inspection:
$280.00
12. Deferral of scheduled public meeting at applicant's request: $180.00
e. Certificates of appropriateness considered by the architectural review board ( "ARB "):
1. For a site plan; per review by the ARB: $1000.00
2. For a building permit; per review by the ARB: $590.00
3. Amendment to approved certificate of appropriateness: $225.00
Matters considered by the board of zoning appeals:
1. Variances: $500.00
2. Appeals: $240.00
3. Special use permits for signs under section 4.15.5: $500.00
g Matters considered by the zoning administrator or other officials:
1. Official determinations regarding compliance: $185.00
2. All other official determinations, including development rights: $100.00
3. Zoning clearance for tourist lodging: $100.00
4. Zoning clearance for a home occupation, class A, a major home occupation, or a
minor home occupation: $25.00
5. Zoning clearance for temporary fundraising activity: No fee
6. All other zoning clearances: $50.00
7. Sign permits under section 4.15.4; no ARB review required: $25.00
8. Sign permits under section 4.15.4; ARB review required: $120.00
Groundwater assessments:
1. Tier 1 assessment under section 17 -401: $50.00
2. Tier 3 assessment under section 17 -403: $510.00
3. Tier 4 assessment under section 17 -404: $1100.00
i. Miscellaneous:
1. Change in name of development or change in name of street: $80.00
2. Relief from conditions of approval; modification or waiver of requirements:
$425.00
3. Tier II personal wireless service facilities: $1820.00
Required notice:
1. Preparing and mailing or delivering up to fifty (50) notices: $200.00, except for
uses under sections 5.1.47 and 5.2A, for which there shall be no fee.
2. Preparing and mailing or delivering, per notice more than fifty (50): $1.00 plus the
actual
cost of first class postage.
3. Published notice: cost based on a cost quote from the publisher, except for
farmers' markets under section 35.1(c)(7) and (8) for which there shall be no fee.
The fee shall be in the form of cash or a check payable to the "County of Albemarle." An
application presented without the required fee shall not be deemed to be submitted and shall
not be processed, provided that for applications for zoning map amendments and special use
permits, the fee shall be paid when the application is determined to be complete. If the zoning
administrator determines after a fee has been paid that the review and approval to which the fee
pertains is not required to establish the use or structure, the fee shall be refunded to the
applicant in full.
(Amended 5- 5 -82; 9 -1 -85; 7 -1 -87; 6 -7 -89; 12 -11 -91 to be effective 4 -1 -92; 7- 8 -92; Ord. 10-
18(7), adopted 8 -4 -10, effective 1 -1 -11; Ord. 11- 18(1), 1- 12 -11; Ord. 11- 18(7), 6 -1 -11; Ord. 12-
18(6), adopted 10 -3 -12, effective 1 -1 -13)
State law reference - Va. Code §§ 15.2- 2286(A)(6).
This ordinance shall be effective on and after April 1, 2013.
ORDINANCE NO. 12 -18(5)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC
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, is hereby amended and reordained as follows:
By Amending:
Sec. 4.15.12 Regulations applicable in the C -1, CO and HC zoning districts
Chapter 18. Zoning
Article II. Basic Regulations
Sec. 4.15.12 Regulations applicable in the C -1, CO and HC zoning districts
The following regulations pertaining to the number of signs permitted per lot or establishment,
the sign area, sign height, and setback requirements shall apply to each sign for which a sign
permit is required within the Commercial (C -1), Commercial Office (CO) and Highway
Commercial (HC) zoning districts:
*Each establishment may have both a projecting sign and a wall sign. If the establishment has both such
signs, the allowed sign area of the wall sign shall be reduced by the sign area of the projecting sign
(which may not exceed thirty -two (32) square feet).
(12- 10 -80; 7 -8 -92, § 4.15.12.5; Ord. 01- 18(3), 5 -9 -01; Ord. 12- 18(2), 3- 14 -12)
State law reference — Va. Code § 15.2 -2280.
Number of Signs Allowed
Sign Area
Sign Height
Sign Setback
Sign Type
(Maximum)
(Maximum)
(Minimum)
Directory
1 or more per establishment,
as authorized by zoning administrator
24 square feet, aggregated
6 feet
5 feet
32 square feet, aggregated,
1 per street frontage, or 2 per entrance, per
plus bonus tenant panels as
lot with 100 or more feet of continuous
provided in section
Freestanding
street frontage plus 1 per lot if the lot is
4.15.16(b); if more than 1
12 feet
5 feet
greater than 4 acres and has more than 1
sign at an entrance, no
approved entrance on its frontage
single sign shall exceed 16
square feet
30 feet, but not to
Projecting*
1 per street frontage
32 square feet
exceed the top of the
Not applicable
fascia or mansard
12 feet, if freestanding
Temporary
1 per street
32 square feet
sign; 30 feet if wall
5 feet
frontage per establishment
sign, but not to exceed
the cornice line
In the C -1 and CO zoning
districts,1.5 square feet per
1 linear foot of
establishment structure
frontage, not to exceed 100
Not to exceed the
Same as that
Wall*
As calculated pursuant to section 4.15.20
square feet; in the HC
cornice line
applicable to
zoning district, 1.5 square
structure
feet per 1 linear foot of
establishment structure
frontage, not to exceed 200
square feet
*Each establishment may have both a projecting sign and a wall sign. If the establishment has both such
signs, the allowed sign area of the wall sign shall be reduced by the sign area of the projecting sign
(which may not exceed thirty -two (32) square feet).
(12- 10 -80; 7 -8 -92, § 4.15.12.5; Ord. 01- 18(3), 5 -9 -01; Ord. 12- 18(2), 3- 14 -12)
State law reference — Va. Code § 15.2 -2280.
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
MEMORANDUM
TO: File
FROM: Wayne Cilimberg, Director of Planning
DATE: November 6, 2012
RE: ZTA2012 -00006 Legislative Review Process Improvements
The Albemarle County Planning Commission, at its meeting on October 23, 2012, recommended
approval for the above noted Zoning Text Amendment, by a vote of 6:0, with an effective date of April 1,
2013, inclusive of the suggested changes made by the Commissioners with respect to the purposes of
the pre - application meetings, community meetings, work sessions and the other items discussed by the
Commissioners as shown in Attachment 3.
Attachment 3 -
Recommendations — ZTA- 2012 -00006 Legislative Review Process Improvements
The Planning Commission recommended approval of ZTA- 2012 -00006 with an effective date of April 1,
2013 that allows for further development of administrative process to enact the ordinance and provide for
exceptions. Action is inclusive of suggested changes made by the Commissioners with respect to the
purposes of the pre - application meetings, community meetings, work sessions and the other items
discussed by the Commissioners as outlined in the minutes.
ATTACHMENT A
RESOLUTION OF INTENT
WHEREAS, the Albemarle County Zoning Ordinance includes regulations pertaining to
applying for and reviewing zoning map amendments ( "rezonings ") and special use permits; and
WHEREAS, in order to improve quality and efficiency in the application and review of requests
for rezonings and special use permits, it may be desirable to amend the regulations in the Zoning
Ordinance pertaining to the application requirements and the review procedures for rezonings and special
use permits.
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 consider amending Albemarle County Code §§ 18 -31,
Administration and Enforcement, and 18 -33, Amendments, and any other sections of the Zoning
Ordinance deemed to be appropriate to achieve the purposes described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public hearing on
the zoning text amendment proposed pursuant to this resolution of intent, and make its recommendations
to the Board of Supervisors at the earliest possible date.
ATTACHMENT B
Summary — June 20, 2012 Roundtable
Public comments generally centered on the following (with staff follow -up in bold)
Mandatory Pre -app Forms and Meetings
Concern was expressed that this adds another level of work for the applicant that will lengthen the
process, especially if the most knowledgeable staff are not present at the meeting to advise and provide
follow -up response. It was also noted that there should be discretion to not require pre -app forms and
meetings in all cases as some applications by their nature are fairly simple.
While the proposed ordinance authorizes the director of planning to require pre - application
meetings, the decision to require a pre -app meeting in any particular case is at the director's
discretion. In developing the concepts for these process changes, pre -app meetings have been
presumed to be mandatory, particularly considering that the material required for submittal of the
application is specified as a result of the pre -app meeting and the application will not be accepted
for review unless all requirements are satisfied. The intent is to assure that the pre - application
process adds value for staff and the applicant by establishing a clear understanding of what
information will be need to be submitted with the actual application for staff to undertake a full
and comprehensive initial review of the project. For many projects, it is anticipated that this pre -
app process will result in applications that yield a much more substantive initial 46 day review
than often currently occurs and reduce the iterations of re- submittals. But there may be
circumstances where the nature of the project warrants waiver of this requirement by the director.
Such projects would have application requirements that are very straightforward and applicant
understanding of the application requirements that make the mandatory pre -app process
unnecessary. The administrative process necessary to support these ordinance amendments will
establish flexibility for this distinction.
Mandatory CommunitV Meetings
It was noted that the proposed ordinance does not stipulate that community meetings are mandatory.
There was also some concern regarding the requirement for community meetings, their timing, how they
should be conducted, who to contact and the burden they may place on the applicant and staff.
The proposed ordinance authorizes the director of planning to schedule community meetings as
determined to be appropriate. The intent is to assure the interested public understands the
proposed project. In developing the concepts for these process changes, community meetings
have been presumed to be mandatory to provide the interested public opportunity to know what
the project proposes. But there may be circumstances where the nature of the project warrants
waiver of this requirement by the director. Such projects would be those that do not generate
public concerns. In some cases, the applicant may choose to hold a community meeting before
making application, something the staff encourages, and such a meeting after making application
may not be necessary. The administrative process necessary to support these ordinance
amendments will establish flexibility for these distinctions and address the details of timing,
format, notification and management.
Deferrals
Concern was expressed about the current possibility for repeated deferrals for projects that are
advertised for public hearing with the Commission and Board which limit community awareness because
the projects go "underground" for a period of time. On the other hand, it was also noted that deferrals are
not desired by applicants, but sometimes are necessary to yield better projects that respond to
Commission and /or Board issues.
It should be noted that the current process allows only one deferral at the applicant's request
once a public hearing is advertised. Requests for deferral at the public hearing are at the
discretion of the Commission and Board. The proposed ordinance establishes the time within
which the Commission and Board must make a decision, but it does not limit the number of
Commission and Board deferrals. Staff believes that the proposed pre -app process and
community meetings will greatly reduce the need for deferrals. Notifications regarding deferrals
will be detailed in the administrative process necessary to support the ordinance amendments.
1
ATTACHMENT B
Review schedule
A desire was expressed for more flexibility in the review schedule since every re- submittal does not
require the same amount of review time. There was also interest in integrating the Architectural Review
Board (ARB) into the schedule of legislative reviews.
Beyond the time within which the Commission and Board must make a decision, the review
schedule itself is not spelled out in the proposed ordinance amendments. Nor are the particulars
of who reviews a particular project. In developing the concepts for these process changes, a
standard review schedule has been presumed to allow reviewing staff appropriate time to review
multiple project reviews concurrently. But there may be circumstances where the nature of the
project warrants waiver of the standard schedule by the director. Already, when possible, staff
accelerates reviews for those applications that are fairly simple. It should also be noted that ARB
staff already reviews projects in the Entrance Corridors as part of the legislative process.
Small- projects /businesses
Question was raised as to how the County is reaching out to the small business owners who want to
understand and work through the process. Opinion was expressed that small business owners need a
consultant to make it through the process. It was suggested that small businesses that have gone
through the legislative process be consulted as to their experiences and recommendations for changes.
As noted, the proposed ordinance amendments provide discretion to the director of planning in
determining application requirements based on the nature of the project. As part of establishing
the administrative process necessary to support the ordinance amendments staff will meet with
small business applicants who have gone through the process in the last year to provide input on
their process experiences and recommendations. It should be noted that Community
Development and Office of Community and Business Partnerships are also coordinating in
providing special assistance to small businesses that will be going through the County's
development review processes.
Fees
It was recommended that projects which by their nature have application requirements that are very
straightforward and reviews that are fairly simple have lower fees. It was also recommended that
redevelopment of sites in a manner that addresses County development goals should have lower
application and submittal requirements.
The current fees were adopted in 2011. A review of these fees is planned for 2013. With the
experience of the legislative process changes in place, these and other fee changes can be
considered at that time.
Application plans
Question was raised as to the requirement for application plans and their content.
The proposed ordinance amendments only stipulate the requirement for application plans with
planned development re- zonings as is the case now. The expected content of these application
plans is listed in the proposed ordinance language. These amendments further provide that the
director of planning may require conceptual plans for other legislative decisions based on the
nature of the proposed project. The content of these plans can also be tailored to address the
nature of the proposal.
ATTACHMENT C
Recommendations — ZTA- 2012 -00006 Legislative Review Process Improvements
The Planning Commission recommended approval of ZTA- 2012 -00006 with an effective date of April 1,
2013 that allows for further development of administrative process to enact the ordinance and provide for
exceptions. Action is inclusive of suggested changes made by the Commissioners with respect to the
purposes of the pre - application meetings, community meetings, work sessions and the other items
discussed by the Commissioners as outlined in the minutes.
Attachment 4
ZTA- 2012 -00006 Ministerial Review Process —
Planning Commission Recommendation
The Planning Commission deferred ZTA- 2012 -00006 Ministerial Review Process (site plan process
improvement) to October 23, 2012 to continue the public hearing with direction to staff to come back
with revisions to the staff report to address and respond to the comments raised by the public and
Commissioners, as follows:
• Define purpose and intent for and further describe the pre app meeting and the community
meeting;
• Work with the definitions on density to make sure they do not change what we currently allow;
• Address what kind of supporting mechanisms the county needs to develop to make sure the
public and the applicants are able to understand the pre app process;
• Further address the numbers of days before the PC meeting that signs are posted.
• Elaborate on the role of the worksession.
• Hold small business roundtable meeting;
• Further clarify the intent to make application plans a requirement only for PUDs and further clarify
the requirements for plans of development;
• Elaborate on the role of the ARB in the process.
• Staff asked the Commission to hold onto tonight's staff report for the next meeting.
Public comment was taken from the following persons: (See Minutes for details)
• Charlie Armstrong
• Valerie Long (To provide written comments)
• Neil Williamson, with Free Enterprise Forum