HomeMy WebLinkAboutZTA200900017 Legacy Document 2009-11-11 (4)Draft: 11/11/09
ORDINANCE NO. 09 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE IV, PROCEDURE, OF THE CODE OF
THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Article IV, Procedure, is hereby amended and reordained as follows:
By Amending and Renumbering:
Sec. 35.81 Fees
By Amending, Renumbering and Renaming:
Sec. 35.2 Fee r-eduetion Calculation of fees in special circumstances
By Adding:
Sec. 35.3 Fee refunds
Chapter 18. Zoning
Article IV. Procedure
Sec. 35.01 Fees
Draft: 11/11/09
Draft: 11/11/09
Gr-anting f-eqLiest to defeF aetion on site development plan, speeial use peFFPit oF zoning fnap
o
In to the fafegoing, the
Chapter- 2;2;, Title 15.2 the Code
addition aePaal eosts
be to the to the
of any ao6ee r-equii-7ed undeF of
that the the fee fet4h in this
shall ehar-ged applieant, e*tent
same shall e*eeed applieable set
has been the fee be
any applieation withdr-awn after- publie ao6ee
given, no paft of will Fefunded.
Each applicant shall pay the following applicable fees, provided that neither the county nor the county school board
shall be required to nay any fee if it is the applicant:
a. Zoning text amendments: $1000.00
b. Zoning map amendments:
1. Less than 50 acres: application and first resubmission: $2500.00
2. Less than 50 acres; each additional resubmission: $1250.00
Draft: 11/11/09
3. 50 acres or Treater: application and first resubmission: $3500.00
4. 50 acres or rg eater; each additional resubmission: $1750.00
5. Deferral of scheduled public hearing at applicant's request: $180.00
C. Special use permits:
1. Additional lots under section 10.5.2.1. public utilities. day care center. home occupation Class B. to
amend existing special use permit, or to extend existing special use permit: application and first
resubmission: $1000.00
2. Additional lots under section 10.5.2.1. public utilities, day care center, home occupation class B-to
amend existing special use permit, or to extend existing special use permit; each additional
resubmission: $500.00
3. Signs reviewed by the board of zoning appeals: See subsection 35.1(f)
4. All other special use permits; application and first resubmission: $2000.00
5. All other special use permits; each additional resubmission: $1000.00
6. Deferral of scheduled public hearing at applicant's request: $180.00
d. Site plans:
1. Preliminary site plans; administrative review: $1200.00 plus $15 per dwelling unit and $0.015 per
square foot of nonresidential structure
2. Preliminary site plans; planning commission review: $1800.00 plus $15 per dwelling unit and
0.015 per square foot of nonresidential structure
3. Final site plans; administrative review: $1500.00
4. Final site plans; planning commission review: $2000.00
5. Waiver of drawing of site plan under section 32.2: $1500.00
6. Site plan amendments under section 32.3.812 (minor): $500.00
7. All other site plan amendments (maiorl: $1500.00
8. Appeals to the board of supervisors under section 32.4.2.7: $240.00
9. Reinstatement of review under section 32.4.2.1: $240.00
10. Reinstatement of review under section 32.4.2.4: $80.00
11. Extension of period of validity: $475.00
12. Inspections pertaining to secured site plan improvements: per inspection: $280.00
13. Deferral of scheduled public meeting at applicant's request: $180.00
e. Certificates of appropriateness considered by the architectural review board ( "ARB "):
1. For a site plan; per review by the ARB: $1000.00
2. For a building permit; per review by the ARB: $590.00
3. Amendment to approved certificate of appropriateness: $225.00
f. Matters considered by the board of zoning appeals:
1. Variances: $500.00
2. Appeals: $240.00
3. Special use permits for signs under section 4.15.5: $500.00
g Matters considered by the zoning administrator or other officials:
1. Official determinations regarding compliance: $185.00
2. All other official determinations, including development rights: $100.00
3. Zoning clearance for tourist lode: $100.00
4. Zoning clearance for home occupation. class A: $25.00
5. Zoning clearance for temporary fundraising activity: No fee
6. All other zoning clearances: $50.00
7. Sign permits under section 4.15.4; no ARB review required: $25.00
8. Sign permits under section 4.15.4: ARB review reauired: $120.00
h. Groundwater assessments:
Draft: 11/11/09
1. Tier 1 assessment under section 17 -401: $50.00
2. Tier 3 assessment under section 17 -403: $510.00
3. Tier 4 assessment under section 17 -404: $1100.00
i. Miscellaneous:
1. Change in name of development or change in name of street: $80.00
2. Relief from conditions of approval: modification or waiver of requirements: $425.00
3. Tier II personal wireless service facilities. $1820.00
i. Required notice:
1. Preparing and mailing or delivering up to fifty (50) notices: $200.00 plus the actual cost of
first class postage.
2. Preparing and mailing or delivering, per notice more than fifty (50): $1.00 plus the actual
cost of first class postag=e.
3. Published notice: actual cost
The fee shall be in the form of cash or a check payable to the "County of Albemarle." An application presented
without the required fee shall not be deemed to submitted and shall not be processed.
(Amended 5- 5 -82; 9 -1 -85; 7 -1 -87; 6 -7 -89; 12 -11 -91 to be effective 4 -1 -92; 7- 8 -92)
Sec. 35.42 Fee reduction Calculation of fees in special circumstances (Added effective 1 -1 -94)
The provisions of 35.01 notwithstanding, fees sha4 be edue °a under the following ° m°*ar° °° the required fee
shall be calculated in the special circumstances below as follows:
in stieh ease in whieh a pr-eliminai=y site development plan and/or- pr-eliminai=y subdivision plat is file
speeia4 use per-mit, no fee sha4l be applied for- review of sueh development plan and/e
pr-elifninary subdivision plat. If a preliminary site plan or preliminary subdivision plat is supportive of and
will be reviewed simultaneously with an application for a zoning map amendment or a special use permit
the applicant shall pay the fee for the zoning map amendment or the special use permit, but not the fee for
the preliminary site plan or preliminary subdivision plat.
b.
an individual use, the iafgest single fee sha4l be applied to the review of all sueh speeial use peffr&
appliea If multiple special use permits are required to establish a single use, the applicant shall pay
only the largest gle fee for a special use permit for the review of all of the special use permit
applications.
C. in sueh ease in whieh detefmina4ion is made subsequent to f4ling any applie4ion undeF 35.0 th4 sueh
applie4ion is not FequiFed to a4low establishment of the use, sueh applieafien fee shall be r-efunded in
(Added effective 1 -1 -94)
(§ 35.0, 12- 10 -80; 5 -5 -82; 9 -1 -85; 7 -1 -87; 6 -7 -89; 12 -11 -91 to be effective 4 -1 -92; 7- 8 -92; * to be effective 1 -1-
94; Ord. 02- 18(4), 7 -3 -02; Ord. 04- 18(3), 10- 13 -04; Ord. 04- 18(4), adopted 12 -8 -04, effective 2 -8 -05)
6`M-MeiiTiT
If the zoning administrator determines after a fee required by section 35.1 has been paid that the review and
approval to which the fee pertains is not required to establish the use or structure, the fee shall be refunded to the
applicant in full.
This ordinance shall be effective on and after July 1, 2010.
Draft: 11/11/09
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
Ave Nay
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Z
Clerk, Board of County Supervisors