HomeMy WebLinkAboutLZC201100011 Legacy Document 2014-03-31COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
May 31, 2011
IWE, LLC
c/o Lisa Anne Hawkins
90 North Main Street, Suite 201
Harrisonburg, VA 22802
Re: Community Bank property at Rt. 29 North, Carrsbrook Subdivision, Parcel C
Tax Map Parcel 045B I -05-OA-00900, (the "Property")
Dear Ms. Hawkins:
In response to your application for a letter of zoning compliance, this office has
researched the above referenced property and offers the following information:
1. The Property is zoned Highway Commercial (HC) and Entrance Corridor Overlay (EC)
districts, subject to the use limitations and regulations of those districts and the Albemarle
County Zoning Ordinance (see attached HC and EC sections of the zoning ordinance).
2. The Property is currently vacant.
3. To the best of my knowledge, the Property is in compliance with all applicable zoning
ordinances, rules and regulations.
This letter may be relied upon by the addressee(s) listed above and by any assignee or
successor in interest in the Property whether as owner or mortgagee. I am authorized and
empowered to execute this Zoning Compliance Letter on behalf of the County of Albemarle,
Virginia. Please contact me if you have questions or require further information.
Si- erely,
onald L. Higgins, A C
Chief of Zoning/Deputy Zoning Administrator
ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
SECTION 24
HIGHWAY COMMERCIAL - HC
Sections:
24.1
INTENT, WHERE PERMITTED
24.2
PERMITTED USES
24.2.1
BY RIGHT
24.2.2
BY SPECIAL USE PERMIT
24.3
MINIMUM FRONTAGE, SHAPE OF DISTRICT
24.4
ADDITIONAL REQUIREMENTS
24.1 INTENT, WHERE PERMITTED
HC districts are hereby created and may hereafter be established by amendment to the zoning map
to permit development of commercial establishments, other than shopping centers, primarily
oriented to highway locations rather than to central business concentrations. It is intended that HC
districts be established on major highways within the urban area and communities in the
comprehensive plan. It is further intended that this district shall be for the purpose of limiting
sprawling strip commercial development by providing sites with adequate frontage and depth to
permit controlled access to public streets.
24.2 PERMITTED USES
24.2.1 BY RIGHT
The following uses shall be permitted in any HC district, subject to the applicable requirements of
this chapter. The zoning administrator, after consultation with the director of planning and other
appropriate officials, may permit, as a use by right, a use not specifically permitted; provided that
such use shall be similar to uses permitted by right in general character, and more specifically,
similar in terms of locational requirements, operational characteristics, visual impact and traffic
generation. Appeals from the zoning administrator's decision shall be as generally provided in
section 34.
1. Automobile laundries.
2. Automobile, truck repair shops.
3. Automobile service stations (reference 5.1.20).
4. Building materials sales.
5. Churches, cemeteries.
6. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).
7. Convenience stores.
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Zoning Supplement #60, 5-5-10
ALBEMARLE COUNTY CODE
8. Educational, technical and trade schools.
9. Factory outlet sales - clothing and fabric.
10. Feed and seed stores (reference 5.1.22).
11. Financial institutions.
12. Fire extinguisher and security products, sales and service.
13. Fire and rescue squad stations (reference 5.1.09).
14. Funeral homes.
15. Furniture stores.
16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and
wine and cheese shops.
17. Home and business services such as grounds care, cleaning, exterminators, landscaping and
other repair and maintenance services.
18. Hardware.
19. (Repealed 6-3-81)
20. Hotels, motels and inns.
21. Light warehousing.
22. Machinery and equipment sales, service and rental.
23. Mobile home and trailer sales and service.
24. Modular building sales.
25. Motor vehicle sales, service and rental.
26. New automotive parts sales.
27. Newspaper publishing.
28. Administrative, business and professional offices.
29. Office and business machines sales and service.
30. Eating establishment; fast food restaurants.
31. Retail nurseries and greenhouses.
32. Sale of major recreational equipment and vehicles.
33. Wayside stands - vegetables and agricultural produce (reference 5.1.19).
34. Wholesale distribution.
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Zoning Supplement #60, 5-5-10
ALBEMARLE COUNTY CODE
35. Electric, gas, oil and communication facilities excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable law. (Amended 5-12-93)
36. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
37. Temporary construction uses (reference 5.1.18).
38. Indoor theaters.
39. Heating oil sales and distribution (reference 5.1.20).
40. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C-1.
(Added 6-19-91; Amended 9-9-92)
42. Indoor athletic facilities. (Added 9-15-93)
43. Farmers' market (reference 5.1.47). (Added 10-11-95; Amended 5-5-10)
44. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
45. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
46. Storage yards. (Added 11-12-08)
(§ 20-24.2.1, 12-10-80; 6-3-81; 3-5-86; 11-1-89; 6-19-91; 9-9-92; 5-12-93; 9-15-93; 10-11-95; § 18-24.2.1,
Ord, 98-A(1), 8-5-98; Ord.02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 10-
18(4), 5-5-10)
24.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted by special use permit in the HC district:
1. Commercial recreation establishment including but not limited to amusement centers, bowling
alleys, pool halls and dance halls. (Amended 1-1-83)
2. Septic tank sales and related service.
3. Livestock sales.
4. Veterinary office and hospital (reference 5.1.11).
5. Drive-in theaters (reference 5.1.08).
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ALBEMARLE COUNTY CODE
6. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers, micro-
wave and radio -wave transmission and relay towers, substations and appurtenances (reference
5.1.12).
7. Hospitals, nursing homes, convalescent homes (reference 5.1.13).
8. Auction houses.
9. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-15, in compliance with regulations set forth therein, and such conditions as
may be imposed pursuant to section 31.2.4.
10. Commercial kennels - indoor only (reference 5.1.11). (Added 1- 1-83)
11. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84;
Amended 2-5-03)
12. Drive-in windows serving or associated with permitted uses. (Added 11-7-84; Amended 9-9-
92)
13. Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6-14-89)
14. Warehouse facilities not permitted under section 24.2.1 (reference 9.0). (Added 6-19-91)
15. Animal shelter (reference 5.1.11). (Added 6-16-99)
16. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
17. Body shops. (Added 1-12-I1)
(§ 20-24.2.2, 12-10-80; 1-1-83; 11-7-84; 6-14-89; 6-19-91; 9-9-92; § 18-24.2.2, Ord. 98-A(1), 8-5-98; Ord.
99-18(4), 6-16-99; Ord. 03-18(1), 2-5-03; Ord, 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 11-
18(2), 1-12-11)
24.3 MINIMUM FRONTAGE, SHAPE OF DISTRICT
Minimum frontage required on a public street for the establishment of an HC district shall be one
hundred and fifty (150) feet. Frontage of an HC district shall not exceed depth. This section shall
not apply to HC districts established at the adoption of the zoning map.
24.4 ADDITIONAL REQUIREMENTS
In addition to the requirements contained herein, the requirements of section 21.0, commercial
districts, generally, shall apply within all HC districts.
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ALBEMARLE COUNTY CODE
30.5.6.2.3 (Repealed 9-9-92)
30.5.6.3 (Repealed 9-9-92)
30.5.6.3.1 (Repealed 9-9-92)
30.5.7 (Repealed 9-9-92)
30.5.7.1 (Repealed 7-8-92)
30.5.7.2 (Repealed 7-8-92)
30.6 ENTRANCE CORRIDOR OVERLAY DISTRICT - EC (Added 10-3-90)
30.6.1 PURPOSE AND INTENT
The purpose of this section 30.6 is to implement the enabling authority in Virginia Code § 15.2-
2306(A) by identifying those arterial streets and highways found to be significant routes of tourist
access to the county and to designated historic landmarks, structures or districts within the county
or in contiguous localities, and to require that the erection, reconstruction, alteration or restoration
of structures, including signs, on parcels contiguous to those streets and highways as provided
herein, be architecturally compatible with those historic landmarks or structures.
The comprehensive plan provides that scenic resources contribute to the community's desirability
as a place to live, enhance and protect property values, and contribute to the overall quality of life
for the county's residents. The comprehensive plan also acknowledges that scenic resources are
important to visitors as well as the county's residents, and that visitors to the Blue Ridge
Mountains and the county's rural historic structures gather a lasting impression of the county as
they travel the county's scenic roadways. The significant routes of tourist access within the
entrance corridor overlay district provide access to the county and to many of the county's historic
landmarks, structures and districts including, but not limited to Monticello, the home of Thomas
Jefferson, which is on the World Heritage List administered by the United Nations and a National
Historic Landmark, Ash Lawn -Highland, the home of James Monroe, the University of Virginia,
whose Rotunda is on the World Heritage List and a National Historic Landmark, and whose
academical village is on the World Heritage List, a National Historic Landmark and a National
Register Historic District, and the county's eight historic districts on the National Register of
Historic Places, including the Southwest Mountains Rural Historic District and the Southern
Albemarle Rural Historic District.
The entrance corridor overlay district is intended to implement the comprehensive plan's goal to
preserve the county's scenic resources because they are essential to the county's character,
economic vitality and quality of life. An objective of this goal is to maintain the visual integrity of
the county's roadways by using design guidelines. The entrance corridor overlay district will
ensure that development is compatible with the county's natural, scenic, historic and architectural
resources by providing for review of new construction along the identified significant routes of
tourist access by an architectural review board under design guidelines promulgated by that board
and ratified by the board of supervisors.
(§ 30.6.1, 10-3-90; Ord. 10-18(5), 5-12-10)
30.6.2 BOUNDARIES OF THE DISTRICT
The entrance corridor overlay district is established upon and comprised of those parcels
contiguous to significant routes of tourist access, regardless of the underlying zoning district or the
existence of other applicable overlay districts, as provided in section 30.6.2(b) as follows:
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a. Significant routes of tourist access. The following arterial streets and highway are found to
be significant routes of tourist access and are hereinafter referred to in section 30.6 as "EC
streets":
1. U.S. Route 250 East (Richmond Road).
2. U.S. Route 29 North (Seminole Trail).
3. U.S. Route 29 South (Monacan Trail).
4. Virginia Route 20 South (Monticello Avenue and Scottsville Road).
5. Virginia Route 631 (5"' Street and Old Lynchburg Road) from Charlottesville City limits
to Route 708 (Red Hill Road) and Virginia Route 631 (Rio Road West) from U.S. Route
29 North (Seminole Trail) to Route 743 (Earlysville Road). (Amended 11-14-90, 4-12-
00)
6. U.S. Route 250 West (Ivy Road and Rockfish Gap Turnpike).
7. Virginia Route 6 (Irish Road).
8. Virginia Route 151 (Critzers Shop Road).
9. Interstate Route 64.
10. Virginia Route 20 North (Stony Point Road).
11. Virginia Route 22 (Louisa Road).
12, Virginia Route 53 (Thomas Jefferson Parkway).
13. Virginia Route 231 (Gordonsville Road).
14. Virginia Route 240 (Three Notch'd Road).
15. U.S. Route 29 Business (Fontaine Avenue)
16. U.S. Route 29/250 Bypass.
17. Virginia Route 654 (Barracks Road). (Added 11-14-90)
18. Virginia Route 742 (Avon Street). (Added 11-14-90)
19. Virginia Route 649 (Airport Road) from U.S. Route 29 North (Seminole Trail) to
Virginia Route 606 (Dickerson Road). (Added 4-12-00)
20. Virginia Route 743 (Hydraulic Road and Earlysville Road) from U.S. Route 29 North
(Seminole Trail) to Virginia Route 676 (Woodlands Road). (Added 4-12-00)
21. Virginia Route 631 (Rio Road) from U.S. Route 29 North (Seminole Trail) easterly to the
Norfolk Southern Railway tracks. (Added 11-2-05)
b. Parcels contiguous to EC streets. Parcels contiguous to EC streets are:
1. Parcels sharing boundary with an EC street on reference date. Each parcel that had a
boundary that was shared at any point with the right-of-way of an EC street on one of the
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following applicable reference dates: (i) on October 3, 1990 for those parcels sharing a
boundary with an EC street identified in section 30.6.2(a)(1) through (16); (ii) on
November 14, 1990 for those parcels sharing a boundary with an EC street identified in
section 30.6.2(a)(17) and (18); (iii) on April 12, 2000 for those parcels sharing a
boundary with an EC street identified in section 30.6.2(a)(19) and (20); and (iv) on
November 2, 2005 for those parcels sharing a boundary with an EC street identified in
section 30.6.2(a)(21) (hereinafter, the "applicable reference date").
2. Parcels not sharing boundary ivith an EC street. Each parcel within five hundred (500)
feet of the right-of-way of an EC street that did not share at any point a boundary with the
right-of-way of an EC street on the applicable reference date.
c. Extent of overlay district. The overlay district extends across the entire width of each parcel
contiguous to an EC street. The overlay district extends to the depth of each parcel as follows:
1. Parcels sharing boundary with an EC street on reference date. If the parcel shared a
boundary with an EC street on the applicable reference date as provided in section
30.6.2(b)(1), the overlay district extends to the full depth of the parcel.
2. Parcels not sharing boundary ivith an EC street. If the parcel is within five hundred
(500) feet of an EC street and did not share a boundary with an EC street on the
applicable reference date as provided in section 30.6.2(b)(2), the overlay district extends
to a depth of five hundred (500) feet from the right-of-way of the EC street.
d. Effect of subsequent change to parcel boundaries. The subdivision, boundary line
adjustment, or any other change to the boundaries of a parcel after the applicable reference
date shall not reduce the area subject to this section 30.6 without a zoning map amendment
that changes the boundaries to the entrance corridor overlay district.
(§ 30.6.2, 10-3-90; 11-14-90; 9-9-92; Ord. 00-18(4), 4-12-00; Ord. 01-18(3), 5-9-01; Ord. 05-18(9), 11-2-
05; Ord. 10-18(5), 5-12-10)
30.6.3 PERMITTED USES AND APPLICABLE STANDARDS
Within the EC overlay district:
a. Uses. The following uses may be permitted within the EC overlay district in accordance with
the applicable requirements of this section 30.6 and the underlying zoning district:
1. By right. Uses permitted by right in the underlying zoning district shall be permitted by
right in the EC overlay district, except as otherwise provided in section 30.6.
2. By special use permit. The following uses shall be permitted by special use permit in the
EC overlay district:
a. Uses authorized by special use permit in the underlying zoning district.
Outdoor storage, display and/or sales serving or associated with a permitted use,
other than a residential, agricultural or forestal use, any portion of which would be
visible from the EC street to which it is contiguous or from any other EC street
which is located within five hundred (500) feet; provided that review shall be
limited to determining whether the outdoor storage, display and/or sales is
consistent with the applicable design guidelines. (Amended 9-9-92)
C. The construction or location of any structure, including any subdivision sign or sign
identifying a planned development as provided in section 4.15.16(I), upon the
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ALBEMARLE COUNTY CODE
superjacent and subjacent airspace of an EC street that is not required for the
purpose of travel or other public use by the Commonwealth of Virginia or other
political jurisdiction owning such street.
b. Area and bulk and other regulations. The area and bulk, minimum yard and setback
requirements, and maximum building height requirements of the underlying zoning district
shall apply to all uses and structures in the EC overlay district.
c. Bonus factors. A condition of a certificate of appropriateness that requires improvements or
design features for which a bonus might otherwise be permitted under the applicable district
regulations shall not affect the eligibility for the bonus.
d. Grading or land disturbing activity. No grading or other land disturbing activity (including
trenching or tunneling), except as necessary for the construction of tree wells or tree walls,
shall occur within the drip line of any trees or wooded areas designated on the site plan to be
preserved, nor intrude upon any other existing features designated in the certificate of
appropriateness for preservation.
e. Method for preserving designated features. An applicant for a development subject to the
provisions of section 30.6 shall sign a conservation checklist provided by the director of
planning or his or her designee (the "director of planning") specifying the method for
preserving the designated features, and the method shall conform to the specifications
contained in Standard and Specification 3.38 at pages III -393 through III -413 of the Virginia
Erosion and Sediment Control Handbook; provided that the architectural review board, or the
director of planning, may require alternative methods of tree protection if greater protection is
deemed necessary.
f. Designating and protecting preserved features. Areas on a site containing features to be
preserved shall be identified on approved site plans and building plans and shall be clearly and
visibly delineated on the site prior to commencing grading or other land disturbing activity,
including trenching or tunneling. No grading, other land disturbing activity, or movement of
heavy equipment shall occur within the delineated areas. The visible delineation of the
boundaries of the areas to be preserved shall be maintained until a certificate of occupancy is
issued by the county. All features designated for preservation shall be protected during
development.
(§ 30.6.3, 10-3-90; § 30.6.3.1, 10-3-90; 30.6.3.2, 10-3-90; 9-9-92; Ord. 01-18(3), 5-9-01; § 30.6.3, Ord. 10-
18(5), 5-12-10)
30.6.3.1 BY RIGHT (Repealed 5-12-10, Now see 30.6.3.a.1)
30.6.3.2 BY SPECIAL USE PERMIT (Repealed 5-12-10, Now see 30.6.3.x.2)
30.6.4 CERTIFICATES OF APPROPRIATENESS
The architectural review board is authorized to issue certificates of appropriateness for any
structure, and associated improvements, or any portion thereof, that are visible from the EC street
to which the parcel is contiguous, as follows:
a. Development requiring a certificate of appropriateness. The following developments require a
certificate of appropriateness:
Building permits required. Each structure and/or site improvement for which a building
permit is required, even though it is not a development for which a site plan is required,
unless the structure and/or site improvement is exempt under section 30.6.5. No building
permit shall be approved until the certificate of appropriateness is obtained.
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2. Site plans required. Each structure and/or site improvement for which a building permit
is required in a development for which a site plan is required, unless the improvement is
exempt under section 30.6.5. No site plan shall be approved until the certificate of
appropriateness is obtained.
b. Types of certificates of appropriateness. The architectural review board is authorized to issue
the following types of certificates of appropriateness:
1. Specific developments. For specific developments associated with one or more building
permits or a single site plan.
2. Signs in a netiv multi -business complex or shopping center. For all of the signs in a new
multi -business complex or shopping center, where the architectural review board first
conducts a comprehensive sign review. Once a certificate of appropriateness for signs in
a new multi -business complex or shopping center is issued, the director of planning is
authorized to determine whether a particular sign satisfies the conditions of the certificate
of appropriateness.
3. County-mide certificates of appropriateness. County -wide certificates of appropriateness
may be issued for classes of structures, sites, improvements, or architectural elements,
subject to the applicable design criteria and procedures, as follows:
a. Categories of structures, sites, improvements, or architectural elements eligible for
county-ivide certificates of appropriateness. The following categories of structures,
sites, improvements, or architectural elements shall be eligible for county -wide
certificates of appropriateness:
1. Structures located seven hundred fifty (750) feet or more from an EC street that
are not more than five (5) stories tall.
2. Structures that are proposed to be located behind another structure that fronts an
EC street as viewed from the EC street, where the rear structure is no more than
twice the height of the front structure.
3. Personal wireless service facilities.
4. Wall signs proposed for structures having a single occupant.
5. Safety fencing and screening fencing.
6. New or replacement rooftop -mounted or ground -mounted equipment.
7. Additions to structures or improvements for which a certificate of
appropriateness was issued, where the design of the addition to the structure or
improvement is consistent with the architectural design approved with the
certificate of appropriateness.
8. New structure or site lighting or changes to existing structure or site lighting.
9. Minor amendments to site plans and architectural plans.
10. Building permits for which the proposed change occupies fifty (50) percent or
less of the altered elevation of an existing structure.
11. Permits classified in sections 5-202, 5-203, 5-204 and 5-208(A) not otherwise
exempt under section 30.6.5(k).
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Design criteria. The board may establish appropriate architectural or design features
under the design guidelines that a structure, site, improvement or architectural
element must be found to be consistent with in order to be eligible to be subject to a
county -wide certificate of appropriateness. The architectural or design features may
include, but are not limited to: (i) building and structure height; (ii) building and
structure size; (iii) scale or mass; (iv) appropriate roof forms; (v) appropriate
building materials and/or colors; (vi) minimum planting requirements; (vii)
minimum screening requirements; (viii) building, structure and/or site improvement
locations; and (ix) the structural and design details of signs.
c. Determination of compliance by director of planning. Once a county -wide
certificate of appropriateness is issued, the director of planning is authorized to
determine whether a particular structure, site, improvement or architectural element
satisfies the specific design criteria of the county -wide certificate of appropriateness.
The director or a member of the architectural review board may request at an
upcoming meeting that the architectural review board, instead of the director,
determine whether a particular structure, site, improvement or architectural element
satisfies the specific design criteria of the county -wide certificate of appropriateness.
d. Action and appeal. Any person requesting a determination whether a proposed
structure, site, improvement or architectural element satisfies the specific design
criteria of a county -wide certificate of appropriateness shall submit a request to the
director of planning providing the information required by the director. The
procedure for submittal and action under section 30.6.6(b), (c), (d) and (f) shall
apply.
By the director. If the director determines that the proposed structure, site,
improvement or architectural element does not satisfy the specific design criteria
of the county -wide certificate of appropriateness, the director shall send notice
to the person requesting the determination of his decision. The person
requesting the determination may either: (1) appeal the director's decision to the
architectural review board by filing an appeal with the director within ten (10)
days after the date of the director's notice of decision; or (2) file an application
and proceed under sections 30.6.6 and 30.6.7.
2. By the board. If the board determines in its own review or on an appeal of the
director's decision that the proposed structure, site, improvement or architectural
element does not satisfy the specific design criteria of the county -wide
certificate of appropriateness, the board shall send notice to the person
requesting the determination of its decision. The person requesting the
determination may either: (1) appeal the board's decision to the board of
supervisors under the procedure in section 30.6.8(b), (c) and (d); or (2) file an
application and proceed under sections 30.6.6 and 30.6.7.
o, Authority to assure consistency with applicable design guidelines. In determining whether a
structure or associated improvements are consistent with the applicable design guidelines, the
architectural review board may specify the following, which are in addition to the
requirements of the underlying zoning district or of section 32, provided that the board may
not authorize any maximum standard to be exceeded, or any minimum standard to not be met:
1. Architectural features. The appearance of any architectural feature including, but not
limited to, its form and style, color, texture and materials.
2. Size and arrangement of structures. The configuration, orientation and other limitations
as to the mass, shape, area, bulk, height and location of structures. In considering the
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arrangement and location of structures, the architectural review board may require that
the existing vegetation and natural features be used to screen structures and associated
improvements from one or more EC streets to which the parcel is contiguous as provided
in section 30.6.2(b).
3. Location and configuration of parking areas and landscaping. The location and
configuration of parking areas and landscaping and buffering requirements.
4. Landscaping measures. In addition to the requirements of section 32.7.9, landscaping
measures determined to be appropriate to assure that the structures and associated
improvements are consistent with the applicable design guidelines.
5. Preservation of existing vegetation and natural features. The preservation of existing
trees, wooded areas and natural features.
6. Appearance of signs. In addition to the applicable requirements of section 4.15, the
appropriate style, size, colors, materials, illumination and location of all proposed signs,
and any other applicable design guidelines. Each application for a certificate of
appropriateness for one or more signs shall be accompanied by a site plan or sketch plan
that shows the location of all signs proposed to be erected on the lot or lots subject to the
site plan or sketch plan.
7. Fencing. The location, type and color of all fencing, including safety fencing.
d. Authority to impose conditions to assure development is consistent ivith the applicable design
guidelines. The architectural review board is authorized to impose reasonable conditions in
conjunction with any approved certificate of appropriateness to assure that the development is
consistent with the applicable design guidelines. The architectural review board also is
authorized to approve plans showing, or identifying in a certificate of appropriateness,
existing trees, wooded areas and natural areas to be preserved, the limits of grading or other
land disturbing activity including trenching and tunneling, in order to, among other things,
protect existing features, and grade changes requiring tree wells or tree walls.
e. Authority of .zoning administrator to determine compliance with certificate of
appropriateness. The zoning administrator is authorized to determine whether a
development, including a sign, satisfies the terms and conditions of the certificate of
appropriateness.
f. Effect of certificate of appropriateness. Each structure or associated improvement for which a
certificate of appropriateness was issued shall be established and maintained in accordance
with the terms, conditions and requirements of the certificate. Each site plan and building
permit shall demonstrate that the structures and associated site improvements will satisfy the
terms, conditions and requirements of the certificate.
(§ 30.6.4, 10-3-90; § 30.6.4.1, 10-3-90; 5-18-94; § 30.6.4.2, 10-3-90; §30.6.5(formerly § 30.6.3.2, 7-8-92;
Ord. 01-18(3),5-9-01); § 30.6.4, Ord. 10-18(5), 5-12-10)
30.6.4.1 (Repealed 5-12-10, Now see 30.6.4)
30.6.4.2 (Repealed 5-12-10, Now see 30.6.4)
30.6.5 DEVELOPMENT EXEMPT FROM REQUIREMENT TO OBTAIN CERTIFICATE OF
APPROPRIATENESS
The following development is exempt from the requirements of section 30.6:
a. Primary and accessory dwelling units if no site plan is required by this chapter.
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b. Structures for agricultural or forestal uses if no site plan is required by this chapter.
c. Temporary construction headquarters (section 5.1.18(a)), temporary construction yards
(section 5.1.18(b)), and temporary mobile homes (section 5.7).
d. Agricultural product signs, temporary signs and sandwich board signs.
e. The repair and maintenance of structures and site improvements where there is no substantial
change in design or materials.
f. The repair and maintenance of nonconforming structures or site improvements as authorized
by section 6.3(B).
g. Additions or modifications to structures or site improvements where there is no substantial
change in design or materials.
h. Additions or modifications to structures to the extent necessary to comply with the minimum
requirements of the Americans with Disabilities Act, the Fair Housing Act, or any other
similar federal or state law providing for the reasonable accommodation of persons with
disabilities.
i. Additions or modifications to nonconforming structures as authorized by sections 6.3(A)(3)
and 6.3(A)(5).
j. Interior alterations to structures where there is no change in the exterior appearance of the
structures.
k. Issuance of permits classified in sections 5-202, 5-203, 5-204 and 5-208(A) if a building
permit has also been issued and the work authorized by the permit classified in those sections
does not change the external appearance of the structure.
(§ 30.6.6, 10-3-90; § 30.6.6.1, 10-3-90; § 30.6.6.2, 10-3-90, 6-14-00; § 30.6.6.3, 5-18-94; § 30.6.5; Ord. 10-
18(5), 5-12-10)
(Formerly SIGNS, Now see 30.6.4, 5-12-10)
30.6.5.1 GENERAL REGULATIONS (Repealed 7-8-92)
30.6.5.2 REGULATION OF NUMBER, HEIGHT, AREA, TYPES OF SIGNS (Repealed 7-8-92)
30.6.5.3 (Repealed 7-8-92)
30.6.6 SUBMITTAL, REVIEW AND ACTION ON APPLICATION; PRELIMINARY REVIEW
Applications for preliminary review under section 30.6 shall be subject to the following:
a. Applications. An application for preliminary review shall contain a completed county -
provided application form and supplemental information required by the director of planning
(the "application"). The application may be filed with the department of community
development by the owner, the owner's agent, or a contract purchaser with the owner's
written consent (the "applicant"). Eight (8) collated copies of the application and all other
information required by the application form for a preliminary review shall be filed. The
application shall be accompanied by the fee required by section 35 at the time of its filing.
b. Determination of complete application; rejection of incomplete application. An application
that provides the information required by section 30.6.6(a) shall be accepted for review and
decision. The agent shall make a determination as to whether an application is complete
within ten (10) days after the submittal deadline.
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1. Complete application; date deemed to be officially submitted. The date of the next
application deadline following the submittal of a complete application shall be deemed to
be the date upon which the application was officially submitted.
2. Incomplete application; notice to applicant. An application omitting information
required by section 30.6.6(a) shall be deemed to be incomplete and shall not be accepted.
The agent shall inform the applicant in writing of the reasons why the application was
rejected as being incomplete. If the agent does not deliver the notice within the ten (10)
day period, the application shall be accepted for review, provided that the agent may
require the applicant to later provide omitted information within a period specified by the
agent of not less than ten (10) days, and further provided that if the applicant fails to
timely provide the omitted information the agent may deem the application to be
incomplete and reject the application as provided herein.
c. Resubmittal of application originally determined to be incomplete. Within fifteen (15) days
after the date the notice of rejection was mailed or delivered by the agent as provided in
section 30.6.6(b), the applicant may resubmit the application with all of the information
required by section 30.6.6(a) together with payment of the fee for the reinstatement of review.
The date of the next application deadline following the resubmittal of the application shall be
deemed to be the date upon which the application was officially submitted. If the applicant
fails to resubmit the application within the fifteen (15) day period, the application shall be
deemed to be denied and a new application and fee shall be required to submit the new
application.
d. Resubmittal of revised application originally determined to be complete. During the review
process of a complete application, the director of planning (for county -wide certificates of
appropriateness) or the architectural review board may request further revisions to the
application in order to find that the application is consistent with the applicable design
guidelines, or the applicant may revise the application on its own initiative in the absence of
such a request, subject to the following:
Request for revision. The director of planning or the architectural review board shall
inform the applicant in writing of the requested revisions to the application. The letter
shall inform the applicant that if it chooses to make some or all of the requested revisions,
it shall notify the director of planning within fifteen (15) days of the date of the writing.
The letter shall also inform the applicant that it may choose to proceed to action on the
application without further revisions, and request that the applicant notify the director of
planning within fifteen (15) days of the date of the letter if it desires to do so. The failure
of the applicant to respond to the letter shall be presumed to be a request by the applicant
to proceed to action on the application without further revisions, provided that an
untimely notification by the applicant that it desires to make some or all of the requested
revisions shall not preclude the applicant from doing so.
2. Revision on applicant's initiative. The applicant may revise the application at any time,
provided that the applicant should inform the director of planning of it doing so when that
decision is made.
3. Suspension of decision date. The receipt by the director of planning of a writing from the
applicant stating that it will revise its application shall suspend the sixty (60) day period
in which a decision must be made on the application under subsection 30.6.6(f).
4. Date revised application deemed to be officially resubmitted. The date of the next
application deadline following the resubmittal of a revised and complete application shall
be deemed to be the date upon which the application was officially resubmitted and the
sixty (60) day period in which a decision must be made on the application shall
recommence.
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e. Notice of submitted application. The director of planning shall send a notice to each member
of the board of supervisors, the commission and the architectural review board that an
application has been officially submitted. The notice shall be sent within five (5) days after
the application is determined to be complete. The notice shall provide the location of the
development by street address and magisterial district, identify the proposed use(s), state that
the application may be reviewed in the offices of the department of community development,
and provide the date of the architectural review board meeting at which the application will be
considered.
f. Time for decision. An application shall be acted on within sixty (60) days after the date the
original application was officially submitted or by a later date requested by or agreed to by the
applicant (collectively, the "decision date"),
g. Recommendations and decisions. The architectural review board shall review the application
for consistency with the applicable design guidelines as follows:
Recommendation and decision on preliminary review. In making its recommendations
on applications for preliminary review, the board shall consider the recommendations of
the agent, the statements and information provided by the applicant, and any other
information pertaining to the compliance of the application with the requirements of
section 30.6. In making a decision on the application for preliminary review, the board
also may make any recommendations it deems appropriate. The board shall send notice
to the applicant of its decision on the preliminary review.
2. Decision as action on final review. The board, in its discretion, may determine that
additional review of the application is not necessary and make a decision on the
application under section 30.6.7(g).
h. Modes of sending notices, letters and other writings. Notices, letters and other writings
required by subsections 30.6.6(b), (d), (e) and (g) shall be mailed to the identified recipients
by first class mail, be personally delivered to the applicant, or be sent by email.
i. Application defined. For the purposes of sections 30.6.6 and 30.6.7, the term, "application"
means an application for a certificate of appropriateness and a review to determine whether
submitted drawings satisfy the conditions of a certificate of appropriateness, and any other
request by an applicant for review.
(§ 30.6.6; Ord. 10-18(5), 5-12-10)
(Formerly NONCONFORMITIES; EXEMPTIONS, Now see 30.6.5, 5-12-10)
30.6.6.1 (Repealed 5-12-10, Now see 30.6.5)
30.6.6.2 REPAIR AND MAINTENANCE OF STRUCTURES (Repealed 5-12-10, Now see 30.6.5)
30.6.6.3 EXEMPTIONS (Repealed 5-12-10, Now see 30.6.5)
30.6.7 SUBMITTAL, REVIEW AND ACTION ON APPLICATION; FINAL REVIEW
Applications for final review under section 30.6 shall be subject to the following:
a. Applications. An application for final review shall contain a completed county -provided
application form and supplemental information required by the director of planning (the
"application"), The application may be filed by the owner, the owner's agent, or a contract
purchaser with the owner's written consent (the "applicant"), with the department of
community development. Eight (8) collated copies of the application and all other
information required by the application form for a final review shall be filed. The application
shall be accompanied by the fee required by section 35 at the time of its filing.
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b. Determination of complete application; rejection of incomplete application. An application
that provides the information required by section 30.6.7(a) shall be accepted for review and
decision. The agent shall make a determination as to whether an application is complete
within ten (10) days after the submittal deadline.
1. Complete application; date deemed to be officially submitted. The date of the next
application deadline following the submittal of a complete application shall be deemed to
be the date upon which the application was officially submitted.
2. Incomplete application; notice to applicant. An application omitting information
required by section 30.6.7(a) shall be deemed to be incomplete and shall not be accepted.
The agent shall inform the applicant in writing of the reasons why the application was
rejected as being incomplete. If the agent does not deliver the notice within the ten (10)
day period, the application shall be accepted for review, provided that the agent may
require the applicant to later provide omitted information within a period specified by the
agent of not less than ten (10) days, and further provided that if the applicant fails to
timely provide the omitted information the agent may deem the application to be
incomplete and reject the application as provided herein.
c. Resubmittal of application originally determined to be incomplete. Within fifteen (15) days
after the date the notice of rejection was mailed or delivered by the agent as provided in
section 30.6.7(b), the applicant may resubmit the application with all of the information
required by section 30.6.7(a) together with payment of the fee for the reinstatement of review..
The date of the next application deadline following the resubmittal of the application shall be
deemed to be the date upon which the application was officially submitted. If the applicant
fails to resubmit the application within the fifteen (15) day period, the application shall be
deemed to be denied and a new application and fee shall be required to submit the new
application.
d. Resubmittal of revised application originally determined to be complete. During the review
process of a complete application, the director of planning (for county -wide certificates of
appropriateness) or the architectural review board may request further revisions to the
application in order to find that the application is consistent with the applicable design
guidelines, or the applicant may revise the application on its own initiative in the absence of
such a request, subject to the following:
Request for revision. The director of planning or the architectural review board shall
inform the applicant in writing of the requested revisions to the application. The letter
shall inform the applicant that if it chooses to make some or all of the requested revisions,
it shall notify the director of planning within fifteen (15) days of the date of the writing.
The letter shall also inform the applicant that it may choose to proceed to action on the
application without further revisions, and request that the applicant notify the director of
planning within fifteen (15) days of the date of the letter if it desires to do so. The failure
of the applicant to respond to the letter shall be presumed to be a request by the applicant
to proceed to action on the application without further revisions, provided that an
untimely notification by the applicant that it desires to make some or all of the requested
revisions shall not preclude the applicant from doing so.
2. Revision on applicant's initiative. The applicant may revise the application at any time,
provided that the applicant should inform the director of planning of it doing so when that
decision is made.
3. Suspension of decision date. The receipt by the director of planning of a writing from the
applicant stating that it will revise its application shall suspend the sixty (60) day period
in which a decision must be made on the application under subsection 30.6.7(f).
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4. Date revised application deemed to be officially resubmitted. The date of the next
application deadline following the resubmittal of a revised and complete application shall
be deemed to be the date upon which the application was officially resubmitted and the
sixty (60) day period in which a decision must be made on the application shall
recommence.
Notice of submitted application. The director of planning shall send a notice to each member
of the board of supervisors, the commission and the architectural review board that an
application has been officially submitted. The notice shall be sent within five (5) days after
the application is determined to be complete. The notice shall provide the location of the
development by street address and magisterial district, identify the proposed use(s), state that
the application may be reviewed in the offices of the department of community development,
and provide the date of the architectural review board meeting at which the application will be
considered.
f. Time for decision. An application shall be acted on within sixty (60) days after the date the
original application was officially submitted or by a later date requested by or agreed to by the
applicant (collectively, the "decision date").
1. When application may be deemed approved. If the decision date has passed without the
application being acted upon, the applicant may make a written demand for action that is
delivered to the director of planning. If the board fails to act on the application within
twenty-one (21) days after the receipt of the written demand, the application shall be
deemed to be approved.
2. Notice if application deemed approved. If an application is deemed approved, the agent
shall send notice that the application was deemed approved to the applicant, the zoning
administrator and the county executive. The notice shall be sent within five (5) days after
the expiration of the twenty-one (21) day period in which the architectural review board
had to act.
3. Consent to extend time for decision. The applicant may consent to extend the time for a
decision.
g. Decisions. The architectural review board shall review the application for consistency with
the applicable design guidelines, exercising the authority granted by section 30.6. In making
a decision on an application for a certificate of appropriateness and other applications for
review, the board shall consider the recommendations of the agent, the statements and
information provided by the applicant, and any other information pertaining to the compliance
of the application with the requirements of section 30.6.
1. Issue or deny. In making a decision on an application for a certificate of appropriateness,
the board may issue the certificate of appropriateness and impose conditions and grant
modifications if it finds that the application is consistent with the applicable design
guidelines, or would be consistent with the applicable design guidelines subject to
conditions of approval or specified modifications. The board shall send notice to the
applicant of its decision on the final review.
2. Recommendations. In lieu of issuing or denying a certificate of appropriateness, the
board may make any recommendations it deems appropriate to the applicant to revise the
application so that it is consistent with the applicable design guidelines before the board
acts to issue or deny the application. If the time for a decision under section 30.6.7(f)
would expire before the application could be thereafter considered by the board, the
board must obtain the applicant's consent to extend the time for decision.
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h. Period of validity of certificate of appropriateness. A certificate of appropriateness shall be
valid for the same period that the site plan is valid or, if no.site plan is required for the
structure or site improvements, for three (3) years. The architectural review board may
extend the period of validity of a certificate of appropriateness upon the written request of the
applicant. The written request must be received by the director of planning before the
certificate's period of validity expires and, upon receipt, the running of the period of validity
shall be suspended until the architectural review board acts on the request. The board may
grant an extension determined to be reasonable, taking into consideration the size and phasing
of the proposed development and the laws, ordinances, regulations and design guidelines in
effect at the time of the request for an extension and changes thereto since the certificate of
appropriateness was originally issued.
i. 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 denial.
j. Modes of sending notices, letters and other writings. Notices, letters and other writings
required by subsections 30.6.7(b), (d), (e), (f) and (g) shall be mailed to the identified
recipients by first class mail, be personally delivered to the applicant, or be sent by email.
(§ 30.6.7, 10-3-90; Ord. 10-18(5), 5-12-10)
30.6.8 APPEALS
A decision of the architectural review board on an application for a certificate of appropriateness
and other applications for review, and an application deemed approved under section 30.6.7(f),
may be appealed to the board of supervisors as follows:
a. Persons and entities having right to appeal. An appeal may be filed by the applicant, any
person aggrieved, the zoning administrator, or the county executive.
b. Written appeal required; timing for filing. An appeal shall be in writing and be filed with the
clerk of the board of supervisors within ten (10) days after the date of the architectural review
board's decision under section 30.6.7(g), or within ten (10) days after the date of the required
notice if the application is deemed approved under section 30.6.7(f). The appeal shall state
the grounds for the appeal.
c. Consideration of appeal by board of supervisors. The board of supervisors may affirm,
reverse, or modify in whole or in part the issuing, the issuing with conditions or
modifications, or the denial of the certificate of appropriateness. In so doing, the board shall
give due consideration to the recommendations of the architectural review board together with
any other information it deems necessary for a proper review of the appeal. When
considering an appeal pertaining to a public safety facility, the board may issue a certificate of
appropriateness if it finds that the facility is a public necessity.
d. Appeal of board of supervisors' decision. The applicant or any person aggrieved may appeal
the final decision of the board of supervisors to the circuit court by filing a petition setting
forth the alleged illegality of the action of the board of supervisors. The petition shall be filed
within thirty (30) days after the date of the final decision.
(§ 30.6.8, 10-3-90; Ord. 10-18(5), 5-12-10)
30.6.9 PUBLIC HEALTH OR SAFETY CONSIDERED
Where the public health or safety and any requirement of this section 30.6 or any tern or condition
of a certificate of appropriateness conflict, the public health or safety shall prevail. In addition:
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a. Nothing in section 30.6 shall be deemed to compromise, limit, or otherwise impair the agent
or the commission in their review of a preliminary or final site plan under section 32. In their
review of any preliminary or final site plan, the agent or the commission may modify, vary or
waive any term or condition of a certificate of appropriateness upon finding that such action
would better serve the public health or safety; provided that the agent may modify, vary or
waive any such a term or condition only after consulting with the building official, the county
engineer, a representative of the department of fire rescue or other public official who advises
the agent that the public health or safety would be at risk if the condition is not modified,
varied or waived.
b. Nothing in section 30.6 shall be deemed to impair the authority of the zoning administrator
under section 31.4(d).
(§ 30.6.9; Ord. 10-18(5), 5-12-10)
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