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HomeMy WebLinkAboutZTA200900009 Legacy Document 2009-05-05STAFF PERSON: Margaret Maliszewski PLANNING COMMISSION: May 12, 2009 (Work Session) BOARD OF SUPERVISORS: TBD ZTA: ZTA2009 -09 Entrance Corridor Process Improvements ORIGIN: Board of Supervisors Resolution of Intent (Attachment A) PROPOSAL: Amend the Zoning Ordinance to change Section 30.6 Entrance Corridor Overlay District (ECOD) and related sections to streamline procedural requirements and improve efficiency and effectiveness in Entrance Corridor (EC) review, and to address recommendations of the Development Review Task Force (DRTF). PUBLIC PURPOSE TO BE SERVED: This amendment will provide for greater efficiency and effectiveness in the review of applications for development proposals made under section 30.6 of the Zoning Ordinance. BACKGROUND: The Development Review Task Force was charged by the Board of Supervisors (BOS) in 2006 to review and assess current legislative land use processes to identify needed improvements in efficiency, effectiveness, quality and public participation. One of the DRTF's recommendations to the BOS in 2007 was to clarify the extent of ARB review expected by the BOS. As a result of the DRTF's recommendations, the BOS, the Planning Commission (PC) and the Architectural Review Board (ARB) met in two joint meetings to discuss these issues, and County staff presented recommendations for streamlining the ARB review process. The attached draft zoning text amendment (Attachment B) is a result of those meetings and recommendations. STAFF COMMENT: Sections 3.1 and 4.15.15: Definitions; Regulations applicable in the ECOD Summary of Proposed Revisions: Proposed revisions to this section specify that all internally illuminated box /cabinet style signs must have an opaque background and add a definition for "opaque background." Revisions also clarify that a Certificate of Appropriateness (CofA) applies to both structures and site improvements. Comment: The EC sign design guidelines have included a guideline for opaque backgrounds for internally illuminated cabinet signs since 2004, and the ARB consistently required opaque backgrounds for such signs prior to 2004. The proposed changes in these sections codify this requirement. Both staff and the ARB have requested this change to facilitate sign review and approval. Sections 30.6.1 and 30.6.2: Purpose and intent; Boundaries Summary of Proposed Revisions: Proposed revisions to this section clarify the purpose and intent of the entrance corridor regulations and the extent of the overlay district. Comment: These revisions establish a more direct link to the relevant section of the Virginia Code (15.2- 2306), with more direct reference to significant routes of tourist access, identification of some of the County's significant historic resources, and by referencing the applicable goals of the County's comprehensive plan. Proposed revisions make it easier to understand which parcels, or which portions of a parcel, fall within the ECOD and clarify that the makeup of an ECOD is based on parcels as they existed at the time the individual ECOD was adopted. These revisions were requested by staff to improve clarity. Section 30.6.3: Permitted uses and other regulations Summary of Proposed Revisions: Proposed revisions to this section clarify that ECOD boundaries don't change without a ZMA, outline the availability of bonus factors as they relate to EC requirements, and outline requirements regarding designating and preserving trees and wooded areas. Comment This section further clarifies which parcels fall within the ECOD. It also addresses the ARB's concern that maximum building height restrictions can limit area available for required landscaping. It also addresses staff's concerns regarding tree protection and preservation by correcting the reference to the Virginia Erosion and Sediment Control Handbook and stating that the ARB may require alternate methods for greater tree protection. Section 30.6.4: Certificates of Appropriateness Summary of Proposed Revisions: Proposed revisions to this section more clearly state the circumstances under which a CofA is required, clarify that site improvements (not just structures) are subject to CofAs, clarify that ECOD requirements apply to improvements visible from the EC street to which the parcel is contiguous (not from EC streets to which the parcel is not contiguous), and outline more fully the elements included in a CofA. Proposed revisions also provide for County -wide CofAs. Comment: The provision for County -wide CofAs is intended to address the DRTF's concern, and staff's recommendations, for more streamlined review. With this provision, County -wide CofAs would be available for certain classes of structures and improvements that are recurring or have minimal visual impacts, once specific criteria have been satisfied. When an application for a structure or improvement within a specified class is thereafter received, staff would review the application to determine whether the criteria were satisfied. A similar process is currently followed for most of the EC sign review. Possible classes for County -wide CofAs might include: a. Buildings /additions located more than a certain distance from the EC (for example, buildings proposed more than 2000' from the EC) b. Buildings /additions located behind other buildings as viewed from the EC ( "2"d tier buildings ") c. Proposals for telecommunications facilities d. Minor amendments to site plans or architectural plans The County -wide CofA concept and the four above -noted classes have been discussed with the ARB. The ARB supports the concept of County -wide CofAs and staff has held discussions with the ARB regarding specific criteria applicable to the various classes. Staff recommends that the criteria and procedures related to County -wide CofAs be finalized following the adoption of the text amendment. Section 30.6.6: Exemptions Summary of Proposed Revisions: Proposed revisions to this section expand the list of development types exempt from EC regulations by adding temporary construction trailers, temporary signs, and sub - permits (if a building permit has already been issued and the sub - permit does not change the external appearance of the structure). Comment: Staff has requested that temporary construction trailers and temporary signs be added to the list of exemptions to codify typical practice. The ARB agrees with the proposed revision. The sub - permit exemption would eliminate duplicate review of permits following issuance of a CofA. Section 30.6.7: Administration Summary of Proposed Revisions: Proposed revisions to this section clarify and expand the requirements for submitting, reviewing and acting on an application for a CofA; allow for rejection of incomplete applications; allow for expiration of CofAs; and clarify requirements regarding the 60 -day window for acting on an ARB application. E Comment: These revisions address inconsistencies in the current application procedure and are intended to encourage the submittal of complete applications, to eliminate time wasted in the review of incomplete applications, and to allow for the expiration of CofAs to accommodate updates to guidelines, policies, etc. These changes have been requested by both staff and the ARB. Proposed changes in this section would also simplify notification requirements by allowing for electronic mailing of such notification, which has been a long- standing practice. Proposed changes also outline specific steps to be followed in the event that the 60 -day review period is reached without an action by the ARB. Staff has requested this clarification to address reviews that are extended due to the need for multiple rounds of revisions, or due to long periods of time that lapse between review and submittal of revisions. 30.6.8: Appeals Summary of Proposed Revisions: Proposed revisions to this section limit the right to appeal to the applicant, the agent, the Zoning Administrator and the County Executive. Comment: This revision, recommended by staff, simplifies the text. It eliminates the specific reference to members of the ARB, PC and BOS to appeal a decision of the ARB to the Board of Supervisors, but any member of these bodies could still request that the County Executive, agent or Zoning Administrator file an appeal on the County's behalf. Other sections of the ordinance that contain similar provisions are planned to be similarly revised as amendments are considered in those sections. Administration/Review Process: The proposed amendments will allow more efficient review of applications for development proposals made under section 30.6 of the Zoning Ordinance. Housing Affordability: Increased administrative review would allow some residential development subject to CofAs the opportunity for quicker review and approval, potentially reducing the "carrying cost" of the project's development and creating the opportunity for that reduction to be passed along to the purchase or lease cost of future residents. Implications to Staffing/Staffing Costs: Adoption of this zoning text amendment would reduce staff time and costs associated with preparing staff reports and making presentations at ARB meetings as well as reduce the time necessary for ARB meetings. STAFF RECOMMENDATION: Staff is providing this for the Commission's information, questions /feedback and direction as to any changes. Staff recommends that the Commission endorse taking the zoning text amendment to public hearing. Attachment A: Resolution of Intent Attachment B: Draft Ordinance Amendment K ATTACHMENT A RESOLUTION OF INTENT WHEREAS, Zoning Ordinance § 30.6 was adopted in 1990 for the purpose of implementing 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 designated historic landmarks, structures or districts within the County or in contiguous localities (hereinafter, "entrance corridors "), requiring that the erection, reconstruction, alteration or restoration of structures, including signs, on parcels contiguous to those streets and highways, be architecturally compatible with those historic landmarks or structures, and establishing the substantive and procedural requirements for approving development by the Architectural Review Board within the entrance corridors; and WHEREAS, the Development Review Task Force (the "DRTF ") was charged by the Board of Supervisors in 2006 to review and assess current legislative land use processes to identify needed improvements in efficiency, effectiveness, quality and public participation; and WHEREAS, one of the DRTF's recommendations to the Board of Supervisors in 2007 was to clarify the extent of Architectural Review Board review expected by the Board of Supervisors and development proposals that would later be considered by the Board of Supervisors and as a result of that recommendation, the Board of Supervisors, the Planning Commission and the Architectural Review Board have recently held two joint meetings to discuss issues pertaining to the DRTF's recommendation and, related thereto, discussed recommendations presented by County staff for streamlining the Architectural Review Board review process in Zoning Ordinance § 30.6; and WHEREAS, in order to improve the efficiency, effectiveness, and quality in Zoning Ordinance § 30.6's substantive and procedural requirements, Zoning Ordinance § 30.6 and related sections of the Zoning Ordinance should be amended to reorganize, revise and streamline applicable procedural requirements, to reorganize, revise and amend applicable substantive requirements, to further clarify the authority and the role of the Architectural Review Board to facilitate the exercise of its powers, and to make other changes deemed appropriate in order to better achieve the purpose of Zoning Ordinance § 30.6 and to address the recommendation of the DRTF. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good land development practices, the Board of Supervisors hereby adopts a resolution of intent to amend Zoning Ordinance §§ 3.1, 4.15, 30.6 and any other regulations of the Zoning Ordinance deemed appropriate to achieve the purposes described herein. BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on Ave Nay Mr. Boyd Mr. Dorrier Ms. Mallek Mr. Rooker Mr. Slutzky Ms. Thomas Clerk, Board of County Supervisors 9 ATTACHMENT B DRAFT ZONING TEXT AMENDMENT ORDINANCE NO. 09-18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article I, General Provisions, Article 1I, Basic Regulations, and Article I1I, District Regulations, of the Code of the County of Albemarle are amended and reordained as follows: By Amending: Sec. 3.1 Definitions Sec. 4.15.2 Definitions Sec. 4.15.15 Regulations applicable in the entrance corridor overlay district Sec. 30.6.1 Intent Sec. 30.6.2 Application Sec. 30.6.3 Permitted uses Sec. 30.6.4 Area and bulk regulations; minimum yards and setback requirements; height regulations; landscaping and screening; preservation of natural features Sec. 30.6.6 Nonconformities; exemptions Sec. 30.6.7 Administration Sec. 30.6.8 Appeals By Adding: Sec. 30.6.9 Public health or safety considered By Repealing: Sec. 30.6.5 Signs Chapter 18. Zoning Article I. General Provisions Sec. 3.1 Definitions Certificate of appropriateness: The term "certificate of appropriateness" means a decision made by the architectural review board or, on appeal, by the board of supervisors, certify t� proposed structure located within the entrance corridor overlay district, and/or site improvements, as may be modified by terms and conditions of the certificate, are consistent with the applicable design guidelines. Nonconforming Structure: The term "nonconforming structure" means a lawful structure existing on the effective date of the zoning regulations applicable to the district including any overlay district, in which the 5 structure is located, that does not comply with the minimum applicable bulk, height, setback, floor area or other structure requirements of that erg district. (Amended 6- 14 -00) Article II. Basic Regulations Sec. 4.15.2 Definitions (36.1) Opaque background: The term "opaque background" means the background portion of the face of a sign made of a material through which light cannot pass when the sign is internally illuminated at night. Sec. 4.15.15 Regulations applicable in the entrance corridor overlay district In addition to all other regulations set forth in this section 4.15, the following regulations shall apply within the entrance corridor overlay zoning district: a. Certificate of appropriateness required. Prior to the erection of a sign that would be visible from an entrance corridor street, including a sign erected on or visible through a window on a structure, the owner or lessee of the lot on which the sign will be located shall obtain a certificate of appropriateness for that sign unless the sign is exempt under section 30.6.5. b. Authority and procedure for acting upon application for certificate of appropriateness. The authority and procedure for acting upon an application for a certificate of appropriateness for a sign shall be as set forth in sections 30.6.4, 30.6.7 and 30 ., and as fell i. The is to for- agent atitherized review and aet upon an applie4ion a eei4ifieate for- if the the of appropriateness be ifiteffiall a sign sign will not r-equir-e a varianee and sign: (i) will either- illumina4ed be intema4ly illuminated baekgmund; not (ii) oF will with an opaque th4 be the the will r-eplaee an (iii) be in existing sign will substanfia4ly same as existing sign; E)r- will a ffffliti- . ther-efer-, the the eompFehensi and sign will meet all of Fequir-ements " established for- by the be by the bear-d- eligible review agent reviewed ar-ehiteeter-al review appr-opria4eness for- a sign sha4l be reviewed for- eonsisteney with the purposes and r-equir-ements of this seetion 4.15 and the ar-ehiteewr-a4 review board's design guidelines, and eonditions may be imposed A C. Opaque backgrounds. All internally illuminated box -style and cabinet -style signs shall have an opaque back r (12- 10 -80; 7 -8 -92, § 4.15.12.8; Ord. 01- 18(3), 5 -9 -01) State law reference — Va. Code §§ 15.2 -2280, 15.2 -2286. Article III. District Regulations Sec. 30.6 Entrance corridor overlay district - EC (Added 10 -3 -90) Sec. 30.6.1 Purpose and Untent seenie fesetifees as the same may sef-,,e this pufpese; to enswe a quality of development eempatible with these f-efegoing being deemed to advanee and promote the publie health, safety and welfar-e of the eitizeas of the eounty and visitors thefete, The purpose of this section 30.6 is to implement the enabling authority in Virginia Code § 15.2- 2306(A) nby identifying those arterial streets and highways found to be significant routes of tourist access to designated historic landmarks, structures or districts within the county or in contiguous localities (hereinafter. "significant route of tourist access" or "EC street "), and to require that the erection, reconstruction, alteration or restoration of structures, includinsigns, 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, they 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 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 Registered 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 overlav 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 inte riity of the county's roadways by using design standards. The entrance corridor overlay district will ensure quality development compatible with the n ty's natural, scenic, historic and architectural resources by providing for review of new construction along identified significant routes of tourist access by an architectural review board under design guidelines promulgated y that board and ratified by the board of supervisors. Sec. 30.6.2 "DD7 it "'''T 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) follows: a. Significant routes of tourist access. The following arterial streets and highway are found to be significant routes of tourist access: 1. U.S. Route 250 East. 2. U.S. Route 29 North. 3. U.S. Route 29 South. 4. Virginia Route 20 South. 5. Virginia Route 631 South from Charlottesville City limits to Route 708 and from U.S. Route 29 North to Route 743. (Amended 11- 14 -90; Amended 4- 12 -00) 6. U.S. Route 250 West. 7. Virginia Route 6. 8. Virginia Route 151. 9. Interstate Route 64. 10. Virginia Route 20 North. 11. Virginia Route 22. WNW MKFIP n. M- I .. MI-1 11111 M= 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) follows: a. Significant routes of tourist access. The following arterial streets and highway are found to be significant routes of tourist access: 1. U.S. Route 250 East. 2. U.S. Route 29 North. 3. U.S. Route 29 South. 4. Virginia Route 20 South. 5. Virginia Route 631 South from Charlottesville City limits to Route 708 and from U.S. Route 29 North to Route 743. (Amended 11- 14 -90; Amended 4- 12 -00) 6. U.S. Route 250 West. 7. Virginia Route 6. 8. Virginia Route 151. 9. Interstate Route 64. 10. Virginia Route 20 North. 11. Virginia Route 22. 12. Virginia Route 53. 13. Virginia Route 231. 14. Virginia Route 240. 15. U.S. Route 29 Business. 16. U.S. Route 29/250 Bypass. 17. Virginia Route 654. (Added 11- 14 -90) 18. Virginia Route 742. (Added 11- 14 -90) 19. Virginia Route 649 from U.S. Route 29 North to Virginia Route 606. (Added 4- 12 -00) 20. Virginia Route 743 from U.S. Route 29 North to Virginia Route 676. (Added 4- 12 -00) 21. Virginia Route 631 from U.S. Route 29 North easterly to the Norfolk Southern Railway tracks. (Added 11 -2 -05) b. Parcels contiguous to significant routes of tourist access. "Parcels contiguous to significant routes of tourist access" are: 1. Parcels sharing boundary with significant route of tourist access on reference date. Each parcel that had a boundary that was shared at any point with the right -of -way of a significan route of tourist access on one of the following applicable reference dates: (i) on October 3. 1990 for those parcels sharing a boundary with a route identified in section 30.6.2(a)(1) through (16L (ii) on November 14. 1990 for those parcels sharing a boundary with a route identified in section 30.6.2(a)(17) and (18): (iii) on April 12. 2000 for those parcels sharing a boundary with a route identified in section 30.6.2(a)(19) and (20): and (iv) on November 2. 2005 for those parcels sharing a boundary with a route identified in section 30.6.2(a)(21) (hereinafter. "the "applicable reference date' l. 2. Parcels not sharing boundary with significant route of tourist access. Each parcel within five hundred (500) feet of a significant route of tourist access that did not share at any point a boundary with the right -of -way of a significant route of tourist access on the applicable reference date. C. Extent of overlay district. The overlay district extends across the entire width of each parcel conti uous to a significant route of tourist access. The overlay district extends to the depth of each parcel as follows: 1. Parcels sharing boundary with significant route of tourist access on reference date. If the parcel shared a boundary with a significant route of tourist access 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 with significant route of tourist access. If the parcel is within five hundred (500) feet of a significant route of tourist access and did not share a boundary with a significant route of tourist access 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 significant route of tourist access. 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. (12- 10 -80, § 30.6.2; 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) Sec. 30.6.3 Permitted uses and other 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. The following uses shall be peffrAtted by right in any EC overlay distfiet: Uses permitted by in the underlying zoning district shall be permitted by 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 pecial use permit in the EC overlay district: a. Al"Uses authorized by special use permit in the underlying zoning districts,. b. Outdoor storage, display and/or sales serving or associated with a permitted uses ,other than a residential, agricultural or forestal use, any portion of which would be visible from an the EC street to which it is contiguous or from any other EC street within five hundred (500) feet; provided that review shall be limited to *he intent of +h s seet o determining whether the outdoor storage, display and/or sales is compatible with the structure it serves or is associated with. Residenfia4, agr-ieukur-aland forestal uses sha4l be exempt fFef *his p „.(Amended 9 -9 -92) 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) of this ehapt°f upon the superjacent and subjacent airspace of an EC street that is not required for the purpose of travel or other public use by the Commonwealth of Virginia or other political 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. Bonus factors shall not be available if section 30.6 or a certificate of appropriateness requires that improvements or design features be provided for which a bonus might otherwise be permitted. 10 d. Grading or land disturbing activity. Grading or other land disturbing activity within the drip line of any trees or wooded areas (including trenching or tunneling), xcept as necessary for the construction of tree wells or tree walls is prohibited. Grading or other earth disturbing ny shall not intrude upon any other existing features identified to be preserved in the certificate of appropriateness. 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 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 or his or her designee, may require alternative methods of tree protection if ffeat 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 raiding or other land disturbing ctivity, including trenching or tunneling, No grading, other land disturbing ctivity, 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 deyelo (12- 10 -80, § 30.6.3.2; 9 -9 -92; Ord. 01- 18(3), 5 -9 -01) Sec. 30.6.4 ; landseaping and smenin�l preservation Of HatUFal features Certificates of appropriateness. Area and bulk r-egulafions, ineluding options for- bones faeter-s (e�ieept where th . . . f this seetion . - . sion of impf:ovements of: design features for- whiek a beaus might othei-7wise be pemitted) and Fur-al p-r-ee-see-r-vat—ion development, i i , 1, and setbaek r-equir-ements, and height regulations shall be as pr-ovi by the under-lying distfiet, e*eept that the following provisions and linait4ions shall apply to any development o per-6oa thereof whieh shall be visible fFofn a designated EC stFeet. a. Exeept as other-wise pr-ovided in seetion 30.6.6, no building per-mit shall be issued for- any purpose unless and until a eei4ifieate of appfopfiateness has been issued in aeeor-d with seetion 30.6.7 Of b. E*eept as other-wise provided in seetion 30.6.6 and seetion 32.3.8, for- any development subjeet to appr-ova4 tinder- seetion 32.0, site development plan, no final site development plan sha4l be of appr-opr-i4efiess has been issued in aeeE)r-d wM seetion 30.6.7 of: seetion 30.6.9 for- all buildings and impr-ovements shown ther-een. The eet4ifieate of appr-opr-iatefiess shall be binding upon the proposed deve!Opffleflt aS tO eE)flditiE)Hs of issuanee. The eei4ifieate sha4l ee4ify tha4 the proposed development as fRay be modified by the eonditions of isstianee is eonsistent with the design guidelines adopted by the board of stiper-viser-s fof: the speeif4e EC stfeet. Signat-we by the zoning admAnistfatef: upon the Anal site development plan of: building per-fpAt, as the ease may be, shall be deemed to eonstitute sueh bE)af:d may speeify any afekiteetufal feature as to appear-anee, sueh as, but not limited to, motif an style, eolor-, te*tur-e and ma4efials together- with eonfigufafion, ofientation and other- limitations as to mass, shape, height and loea4ion of buildings and stmettifes, loeation and eonfigufation of pafMng . 11 I for- the eonstfuetion of tfee wells or- tfee f shall oeeuF within the dfip line of any tfees Of appFopf:ia4efiess foF pFeseFvation. The architectural review board is authorized to issue certificates of appropriateness for anv structure. and associated improvements, or any portion thereof, that is 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 before a building permit maybe issued or a site plan may be approved: 1. Structures and/or site improvements. Each structure for which a building permit is required, and/or site improvements, but for which a site plan is not required, unless the structure is exempt under section 30.6.5. 2. Site plans. Each 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. 12 woomm � I � The architectural review board is authorized to issue certificates of appropriateness for anv structure. and associated improvements, or any portion thereof, that is 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 before a building permit maybe issued or a site plan may be approved: 1. Structures and/or site improvements. Each structure for which a building permit is required, and/or site improvements, but for which a site plan is not required, unless the structure is exempt under section 30.6.5. 2. Site plans. Each 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. 12 b. Tvves 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 elan. 2. Signs in a new multi - business complex or shopping center. For all of the signs in a new multi - business complex or shopping center where the architectural review board first conducts a comprehensive sign review. Once a certificate for signs in a new - multi- business complex or shopping center is issued, the director of planning or his or her designee is authorized to determine whether a particular sign satisfies the conditions of the certificate of appropriateness. 3. County -wide certificates of appropriateness. County -wide certificates of appropriateness for specific structure or improvement classes, subject to conditions that each structure. and associated improvements, within the class must satisfy in order to be subject to the county -wide certificate. Once a county -wide certificate is issued, either: (i) the director of planning or his or her designee is authorized to determine whether a particular structure and associated improvements satisfy the conditions of the certificate of appropriateness: or (ii) the director of planning or his designee or a member of the architectural review board may request that the matter be considered at an upcoming fg under the procedure in section 30.6.7. d. 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 without regard 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 auuearance of anv architectural feature including. but not limited to its form and std, 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 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 barking 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 existin t 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 ssafety fencing. 13 e. Authority to impose conditions to assure development is consistent with the annlicable design guidelines. The architectural review board is authorized to impose reasonable conditions in con'uni ction 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 identify in a certificate of ap_pronriateness, existing trees, wooded areas and natural areas to be preserved, the limits of raiding or other land disturbing activity, including trenching and tunneling, and grade changes requiring tree wells or tree walls. f. Authority of zoning administrator or designee to determine compliance with certificate of appropriateness. The zoning administrator or his or her designee is authorized to determine whether a development, including a sign, satisfies the terms and conditions of the certificate of appropriateness. g. 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 shall demonstrate that the structures or associated improvements will satisfy the terms, conditions and requirements of the certificate. in c SIGNS .reetre!�sss:� xe!ss ors r .Er.�re!etrsir�Ee!stre!reaT�ezi signs issue eeftifieates of appr-opfiateness fef eligible signs under- seetion 4.15.15. Fef stieh qualifying signsi the pf:evisiefis of see&ms 30.6.4.30.6.7 and 30.6.8 shall apply to the agent as it dOeS tE) the afehiteettifal (12-10-80, § 30.6.3.2; :' Ord. 1 5-9-01) 30.6.5.1 GENERAL REGULATIONS 30.6.5.2 REGULATION OF NUMBER, HEIGHT, AREA, TYPES OF SIGNS (Repealed 7 8 92) 30.6.5.3 (Repealed 7 4_071 Sec. 30.6.65 Development exempt from requirement to obtain certificate of appropriateness eonfefm to the provisions of the EC ever-lay distfiet shall be subjeet to seetion 6.0, fiefteofifoffflifies, 0 this or-dinanee, 30.6.6.2REPAIR AND MAINTENANCE OF STRUCTURES neneonfompAfigidse as pf:E)vided in See6en 6.2(C), 6.3(A)(3) and 6.3(B) E)f this ehapter-, upon intent and pufpeses of this seetion 30.6. (Amended 6 14 00) 30.66 T EXEMPTIONS (Added 5 4 � following aetivifies: a. The following e*emptions shall apply to all buildings and stfuettffes.! 14 1. interior- after-afiens to a building or- stndetiir-e having no effeet on &Aer-i0r- appeaf-aflee Of the building or- stfuetur-e. 4-.9-. 3. The repair- and maintenanee of strtietw:es atithor-ized pur-stiant to seetion 30.6.6.2. (Amend 14-00) plan is required for- the work subjeet to the building per-mit. 5. General maintenanee where no substantial ehange in design of: ma4ef:W is pr-oposed. 6. Additions or- modifieafions to a building whefe no substantial eha-fige in design or- fnater-ia proposed as detefffiined by the zoning administr-ator, The following development is exempt from the reauirements of this section 30.6: a. Primary and accessory dwelling units if no site plan is required by this chapter. b. Structures for agricultural or forestal uses if no site plan is required by this chapter. C. Temporary construction headquarters (section 5.1.18.1), temporary construction yards (section 5.1.18.2), and temporary mobile homes (section 5.7). d. Temporary signs. e. The repair and maintenance of structures where there is no substantial change in design or materials. f. The repair and maintenance of nonconforming structures as authorized by section 6.3(B). g. Additions or modifications to structures 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 i. 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 chance external appearance of the structure. Sec. 30.6.7 Administrati Submittal, review and action on application review 15 this seetion. Applieafion for- a eei4ifieate of appr-opr-ia4eness together- with a fee as set fefth in seeti .. 35.0-, of this or-dinanee sha4l be filed by the ownef of eontfaet ptifehasef of the subjeet pfopeAy with the zoning -adfpAf4stf4of:. Mater-iab submitted with the applieat4on or- Em subsequent request by the af:ehitee4mr-all -vevikelov • review boai -7a within five (c) ealendaf: days of the d e of . plie , i development, Upon r-eeeipt of an applieation, the ar-ehiteetufal review boafd sha4l sehedule the same for- heafing and shall emise sueh notiee to be sent as herein above feqtiir-ed. The afehiteetufal review boai-7d shall eonfef with appr-opria4eness thefefef, with of without eenditions together- with stieh fnedifie4ions as deemed neeessafy-to instife eomplianee with this seetion. Failufe of the ar-ehiteetufa4 feview boafd to approve or- disapprove sueh applie4ion within sixty (60) days ffofn the date of applie4ion sha4l be deemed to eonsfitute appr-oval of th applie4k)fl. Nothing eontained in seetion 30.6, efitfanee eofFidef: over-lay distfiet EC, shall be deemed to eempf:E)fpAse, , or- other-wise impair- the eommAssion in its exef:eise of pr-elifpAnar-y of: final site development pla-11 review as foi:th in seetion 32.0, site development plan, of this efdina-nee. it is the e*pfess intent of the boafd of supef-visefs that fna4efs fel4ed to publie hea4th and safety as may be defined by the eommission sha4l pfevail over- isse aestheties as may be defined by the ai-7ehiteetur-A r-eview boafd. Therefore, the eE)fmpAssiE)a in its f:eview of any pfelifftinafy or- final site development plan may modify, vai=y of w i I . . fement of the eet4ifieate of appr-opr-ia4eness as issued by the afehiteewr-a4 feview board upon finding that stieh aetion woul t-te-r- sef-ve dh—p publie heaM of: safety. Applications for review under section 30.6 shall be subject to the following, a. Applications. An application for review shall contain a completed county- provided application form and supplemental information consisting plans, map, drawings, illustrations, photographs, models, studies and reports necessary (collectively, the "application ") to review and act on 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 b, the he application form 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 30.6.7(a) shall be accepted for review and decision. 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 make a determination as to whether an application is complete within ten (10) days after the submittal deadline. The agent shall inform the applicant in writing of the reasons why the application was rejected as being incomplete. The notice informing the applicant that its application was rejected as being incomplete shall either be mailed to the applicant by first class mail or be personally delivered to the applicant. If the agent does not mail the notice within the ten (10) day period, the application shall be deemed to be complete, 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 1days, and further provided that the agent may reject the application as provided herein if the applicant fails to timely provide the omitted information. 16 C. Resubmittal ofannlication orieinally determined to be incomplete. Within fifteen (15) days after the date the notice of rejection was mailed or delivered b. the he a en�t as provided in section 30.6.7(b), the applicant may resubmit the application with all of the information required by section 30.63(a) to e with payment of a 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 eriod, the application shall be deemed to be disapproved and a new application and fee shall be required to submit the new application. d. Notice. The agent shall send by first class mail, electronic mail ( "e- mail ") or by personal delivery to each member of the board of supervisors, the commission and the architectural review board notice that an application has been submitted. The notice shall be mailed, sent or hand delivered within five (51 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. e. Time for decision on application for certificate of appropriateness. An application for a certificate of appropriateness shall be acted on within sixty (60) days after the date the application was officially submitted or within a later date requested by or agreed to by the applicant. The sixty (60) day period is directory: provided that if, after the period for action has expired and the applicant makes a written demand for action delivered to the director of planning and 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. If an application is deemed approved, the agent shall send by first class or e -mail to each person and entity identified in section 30.6.8(a) notice that the application was deemed approved. The notice shall be mailed or sent within five (5) days after the expiration of the twenty-one (21) day period in which the architectural review board had to act. f. Recommendations and decisions. The architectural review board shall review the application for consistency with the applicable design guidelines, exercising the authority granted by section 30.6.6(d) and (e). In making its recommendations on applications for preliminary review and decisions on applications for certificates of appropriateness and other applications for review, the board shall consider the recommendations of the a ent. the statements and information provided by the applicant and any other information pertaining to the compliance of the application with the requirements of this section 30.6. In making a decision on an application for a certificate of appropriateness, the board may grant 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. Q. Period of validity of certificate of appropriateness. A certificate of appropriateness is valid for the period that the final site plan is valid or, if the certificate of appropriateness was granted for a project for which a site plan was not required, for a period of three (3) ,years after the date the certificate of appropriateness was granted. Once the site plan expires or the three (3) year period transpires and the zoning administrator determines that rights under the certificate of appropriateness have not vested under applicable law, the architectural review board may revoke the certificate of appropriateness after conducting a hearing for which at least ten (10) days' written notice is provided to the certificate holder of the proposed action. h. Extension of period of validity of certificate of appropriateness. 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 expiration of the period of validity shall be tolled until the architectural review board acts on the request. The board may grant an extension determined to be 17 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 origin rte. 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 of the date of denial. i. Application dedned. For the purposes of this section 30.6.7, the term "application" means an application for preliminary review, for a certificate of appropriateness (final review), and review to determine that revised drawings y the conditions of a certificate of appropriateness, and any other ther request by an applicant for review. Sec. 30.6.8 Appeals The boar-d of supefvisor-s r-esefves unto itself the right to review a4i deeisions of the ar-ehiteetufu4 review bea made in the adfrAnistfation of sftetiofl -1 6. -6 whieh, in its diser-etion, it sha4l deem neeessafy to the pr-ope-f Any per-son aggrieved by any deeision of the ar-ehiteetur-al review boafd in the administr-ation of this seetion may demand a review of the appheation by the board of stipef-visor-s. Stieh demand sha4l be made by filing a r-e"es m7ehiteetur-a4 review bear-d. *14hpffl -r-,Afflfl--�W-efing an appeal pertaining to a publie safety faeility, the board may together- with stieh other- evidenee as it deems neeessar-y for- a proper- review of the appheation. stieh deeision to the eir-euit eouA of the eounty for- review by filing a petition a law, set4ing for-th the alleged illega4ity of the aetion of the board of s ovided sueh petition is filed within thiAy (30) days after- the final deeision is r-ender-ed 4� dhie, h- The filing of said pe6fion sha4i stay the deeision of the A decision of the architectural review board on an application for a certificate of appropriateness and other applications for review under section 30.6.7(fl, and an application deemed approved under section 30.6.7(e). may be appealed to the board of supervisors as follows: a. Persons and entities having right to anneal. An appeal may be filed by the applicant, the a nt the zoning administrator, or the county executive. b. Written anneal 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(fl, or within ten (10) days after the date of the required notice if the application is deemed approved under section 30.6.7(e). The appeal shall state the grounds for the appeal. C. Consideration of anneal by board of supervisors. The board of supervisors may affirm, reverse, or modify in whole or in part, the rg, the rig with conditions or modifications, or the disapproval 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 or a proper review of the application. When considering an appeal pertaining public ig safety facility, the board may issue a certificate of appropriateness if it finds that the facility is a public necessity. d. Anneal of board of supervisors' decision. The applicant may appeal the final decision of the board of supervisors to the circuit court by filing a petition setting forth the alleged gality of the action of the board of supervisors. The petition shall be filed within thirty (30) days after the date the final decision was rendered. Sec. 30.6.9 Public health or safety considered Where the public health or safety and any requirement of this section 30.6 or any term or condition of a certificate of appropriateness conflict, the public health or safety shall prevail. Therefore, nothing in this 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 review under section 32, and the agent and the commission in their review of any preliminary or final site plan 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. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on A3e Nay Mr. Boyd Mr. Dorrier Ms. Mallek Mr. Rooker Mr. Slutzky Ms. Thomas Clerk, Board of County Supervisors 19