HomeMy WebLinkAboutZTA200900009 Legacy Document 2009-12-08 (2)STAFF PERSON: Margaret Maliszewski
PLANNING COMMISSION: December 15, 2009
BOARD OF SUPERVISORS: TBD
ZTA: ZTA2009 -00009 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: Following recommendations in 2007 by the Development Review Task Force and joint meetings of
the ARB, BOS and PC in 2008 and 2009, the Planning Commission held work sessions on this ZTA on May 12, 2009 and
November 17, 2009 and provided comments on the draft text. On October 5, 2009 the Architectural Review Board (ARB)
also held a work session on the draft text and provided comments. The current draft of the text amendment (Attachment
B) addresses the comments made at the work sessions.
STAFF COMMENT:
Attachment C is a table that compares the current ordinance text with the proposed text, section by section. The far right
column in the table provides comments about the changes that have been made since the Planning Commission's
November work session. Please note that in this table the current text is provided in the order in which it appears in the
current ordinance, and the proposed text is re- ordered in a few places to correspond to the current text. Attachment D is a
flow chart that outlines the review process proposed in sections 30.6.6 and 30.6.7. It has been color coded to highlight the
various tracks through the process (for example, green identifies the quickest track from submittal to approval).
Administration / Review Process: The proposed amendments would allow for staff review of some EC applications
without the preparation of a staff report and review at an ARB meeting. This would save time in the review process.
The proposed amendments also clearly outline the steps in the review process. This clarification allows for a better
understanding of the review process and the costsibenefits associated with the various tracks of the process.
Housing Affordability: N/A
Implications to Staffing / Staffing Costs: The proposed amendments would not increase staffing/ staffing costs. The
amendments provide the opportunity for streamlining the EC review process and increasing efficiencies in EC review.
Applicant Costs: Zoning fees are currently under review by the Board of Supervisors. Although specific fees have
not yet been drafted to reflect these proposed amendments, revised fees for EC applications would follow from this
amendment and would be expected to be lower for those EC applications subject to staff review than those that are
subject to ARB review. As an example, there would be the addition of a fee for the county -wide Certificate of
Appropriateness. The county -wide certificate fee would be lower than the fee for a standard, non - county -wide
certificate. To maintain consistency with other similar applications, fees would also be required for: reinstatement of
applications, re- submittal of revisions (after the first re- submittal), and for extending the period of validity of a
Certificate of Appropriateness. It is anticipated that these fees would be comparable to, or less than, those fees for
other similar applications such as: the reinstatement of a site development plan, extending the period of validity of a
site development plan, and extending a special use permit.
STAFF RECOMMENDATION: Staff recommends that the Planning Commission forward the attached text
amendment to the Board with a recommendation for adoption.
Attachment A: Resolution of Intent Attachment B: Draft Ordinance Amendment 12/7/09
Attachment C: Ordinance Text Comparison Table Attachment D: EC Application Review Process Flow Chart
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
Board of County Supervisors
Clerk,
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ATTACHMENT B
ORDINANCE NO. 09-18( )
12/7/09 DRAFT
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE II,
BASIC REGULATIONS, AND ARTICLE I11, 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 II, Basic Regulations, and Article III, 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. 30.6.8
Appeals
By Amending and Renaming:
Sec. 30.6.1 Purpose and ilntent
Sec. 30.6.2 Appheatien Boundaries of the district
Sec. 30.6.3 Permitted uses and applicable standards
Sec. 30.6.4 ;
Certificates of appropri ateness
Sec. 30.6.7 Submittal review and action on application: final review
By Amending, Renumbering and Renaming (old section number first, followed by name, followed by new section
number):
Sec. 30.6.3.1 By right Sec. 30.6.3 (part)
Sec. 30.6.3.2 By special use permit Sec. 30.6.3 (part)
Sec. 30.6.6 NeneenfeffrAfies;
Development exempt from requirement
to obtain certificate of appropriateness Sec. 30.6.5
Sec. 30.6.6.1 Untitled Sec. 30.6.5 (part)
Sec. 30.6.6.2 Repair and maintenance of structures Sec. 30.6.5 (part)
Sec. 30.6.6.3 Exemptions
By Adding:
Sec. 30.6.6 Submittal, review and action on application; preliminary review
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: A decision made by the architectural review board or, on appeal, by the board of
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supervisors, certifying that a proposed structure and /or site improvements located within the entrance corridor
overlay district, as may be modified by terms and conditions of the certificate, are consistent with the applicable design
guidelines.
Certificate of appropriateness, county -wide: A decision made by the architectural review board establishing specific
design criteria consistent with applicable design guidelines for a class of structures, sites, improvements, or architectural
elements. The decision applies to any structure. site. improvement or architectural element within that class that complies
with the specific design criteria.
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 structure is located, that does
not comply with the minimum applicable bulk, height, setback, floor area or other structure requirements of that zexing
district. (Amended 6- 14 -00)
Article II. Basic Regulations
Sec. 4.15.2 Definitions
36.1) Opaque background: The term "opaque background" means the portion of the face of a sign that lies behind the
message portion of the sign, made of a material through which light cannot pass when the sign is internally illuminated at
RiOL
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 6.4 30.6. of thisehapteF, and s fellews:
i. The agent is atither-ized to review and aet upon an applie4ion for- a eei4ifieate of appropriateness for-
sign if the sign will not r-e - i . se and the sign: (i) will eithef not be intema4ly illunain4ed or- will
be intemally illuminatedd livith an opaque baekgr-eund; (4) will Feplaee an existing sign tha4 will be
substantia4ly the saatmee Aas the e*isting sign; or- (iii) will be in a n:m1fi business eemple* or- shopping ,
the ar-ehiteewr-al review board has eempleted its eempr-ehensive sign review ther-efer-, and the sign will
may require that a sign othefwise eligible f6F f:eview by the agent be Feviewed by the afehiteetufal r-eview
board
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3. Eaeh application for- a eeftifieate of appf:E)pf:ia4eaess shall be aeeempanied by a site plan that shows the
lee4ien of ali signs pfoposed to be er-eeted on the lot or- lots subjeet to the site p!
appr-E)p6a4eness fe
-hall be r-eviewed fer- eensisteney with the par-poses and r-equif:emeats of "s seefien 4.15 and the ar-ehiteewf:al review
.- n guidelines, and eenditions may be imposed upon the eei4ifieate of appfopfiffteness to asstife Si
d. GempreheHsive sigH r-eview. For- eaeh proposed new ffmiti business eoffiple* of shopping appr-epr-ia4e style, size, eelem, fna4edab, illuminafien and leeafien of A! proposed signs, and any otheff-
,
C. Opaque backgrounds. All internally illuminated box -style and cabinet -style signs shall have an opaque
background.
(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 jintent
The entr-anee eefFider- ever4ay distFiet is intended to implement the eompf:ehensive plan goal of pr-oteeting
the same may sef-,,e this puf-pose; to ensufe a quality of development eempatible with these fesour-ees d! -
tourists and othef: visitors; to sustain and benefits aeefuifig to the eounty ffom tour-ism
and well Fe of the eifi eas of the a nty and visiteFs t eFet.,
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, 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 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 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 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 duality of life. An obiective of
this goal is to maintain the visual integrity of the county's roadways by using desienguidelines. 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.
Sec. 30.6.2 Boundaries of the distri
pr-eteet eeffidef:s: (i) along ar-tef:ial stfeets of: highways designated as sueh pufsuant to T-ide 33.1 of the Vir-ginia Code
found by the board of supef-,4sor-s to be signifieant routes of totifist aeeess to the eetinty; (ii) to hister-ie laadfnafks as
established by the Virginia Landfnafks Commission together- with any other- buildings or- stmewfes within the eounty
having an important hister4e, afehiteetttr-a4 or- eultufu4 interest and any hister-ie afeas within the eounty as defined by
Vir-ginia Code § 15.2 2201; or- (iii) to desigaa4ed hister-ie !a-ndfnaf4Es, buildings, stndetttr-es or- distr-iets in any eentiguous
leea y.
a. An entfanee eeffider- evet:lay distfiet may be established evef: any basie zoning distfiet and/or- any other-
ever-lay distfiet, and upen the highways and theif rights of way identified in subseetion (e) (the "EC streets"),
regardless of whether- sueh EC stfeets are other-wise within a zoning dist
delineated in subseefien (e), ffem the edge of the right of way to the gfea4ef of either- (i) the full depth of the
paf:eel, as the pai-7eel existed on the e6ginal adeption d4e of seefien 30.6; ef: (ii) a depth of f4ve hundf:ed (500)
feet,
e. Subjeet to subseetion (b), entfanee eeffider- ovef4a-y distfiets are hereby established upon and a4eng t
following highways�
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 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 South (5`h Street and Old Lynchburg oad) 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; Amended 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 l.
11. Virginia Route 22 (Louisa Road).
12. Virginia Route 53 (Thomas Jefferson Parkwavl.
13. Virginia Route 231 (Gordonsville Road).
14. Virginia Route 240 (Three Notch'd Roadl.
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 Roadl 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 following applicable reference
dates: (i) on October 3. 1990for 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 with an EC street. Each parcel within five hundred (500) feet 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 with 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 fight-of-
way of the EC street.
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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.
(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 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:
30.6.3.1 B „ ght
1. By right. The following uses shall be pefffiiaed by right in any EC eveday distfiet: 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 zoo 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 which is located within five hundred
500 feet; provided that review shall be limited to the intent of this .,ee fi , determining whether
the outdoor storage, display and/or sales is consistent with the applicable design guidelines.
Residential, agFieultufula-nd fof:estal uses shall be exempt f-Fem this .(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) of this ehapt 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 buildinheight 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 raiding or other land disturbing ny (including trenching or
tunneling), xcept 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, require alternative methods of tree protection if relater 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 raiding, 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 develo .
(12- 10 -80, § 30.6.3.2; 9 -9 -92; Ord. 01- 18(3), 5 -9 -01)
Sec. 30.6.4 ;
Certificates of appropriateness.
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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
a propriateness:
1. Building permits required. Each structure and/or site improvement for which a buildin�ermit is
required, even though it is not a development for which a site plan is required, unless the structure is
exempt under section 30.6.5. No building permit shall be approved until the certificate of appropriateness
is obtained.
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. Tvnes 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 plan.
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 suns in a new multi- business complex or shopping center is issued, the
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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
a propriateness:
1. Building permits required. Each structure and/or site improvement for which a buildin�ermit is
required, even though it is not a development for which a site plan is required, unless the structure is
exempt under section 30.6.5. No building permit shall be approved until the certificate of appropriateness
is obtained.
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. Tvnes 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 plan.
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 suns in a new multi- business complex or shopping center is issued, the
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director of planning 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
classes of structures, sites, improvements or architectural elements, subject to specific design criteria that
each structure, site, improvement or architectural element within the class must satisfy in order to be
subject to the county -wide certificate, and subject to the following
a. Factors considered in issuing. The board shall consider the following factors in determinin
whether to issue a county -wide certificate of appropriateness: the proposed distance of the
structures, sites, improvements, or architectural elements from an EC street, the proposed location
of the structures, sites, improvements, or architectural elements relative to an EC street and other
buildings and structures, consistency with design or appearance, and the anticipated limited
impacts from the structures, sites, improvements or architectural elements based on their size or
scone.
b. Design criteria. The board may establish appropriate design criteria that a structure. site
improvement or architectural element must comply with in order to be subject to a county -wide
certificate, including the following: (1) building and structure height: (2) building and structure
size: (3) scale or mass: (4) appropriate roof forms: (5) appropriate building materials and/or
colors: (6) minimum planting requirements: (7) minimum screening requirements: (8) the
structural and design details of signs: and (9) other architectural or design features required for
compliance with the architectural design guidelines.
C. Determination of compliance by director of vlannine. Once a countv -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 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 at an upcomin meeting.
d. Action and anneal. Anv person reauesting 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
information required by the director. The procedure for the submittal and action under section
30.6.6(b). (c). (d) and (f) shall apply.
1. By the director. If the director determines that the proposed structure. site. improvement
or architectural element does not satisfy the he specific design criteria of the county wide
certificate of appropriateness, the director shall send notice to the person requesting
determination of his decision. The person requesting the determination may either: (1)
appeal the director's decision to the architectural review board b, filing ilin 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.
11
C. Authority to assure consistencv 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 arrangement and location of structures. the
architectural review board may require that the existin& vegetation and natural features be used to screen
structures and associated improvements from one or more EC streets to which the parcel is conti uous as
provided in section 30.6.2(bl.
3. Location and configuration of parking areas and landscaping. The location and configuration of arking
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 std,
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. Authoritv to impose conditions to assure development is consistent with 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 identify in a certificate of
a propriateness. existing trees, wooded areas and natural areas to be preserved, the limits of rgrading or other land
disturbing ctivity 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.
zn c SIGN
in addition to the speeiA use per-wAt requirement for- these signs identified in seetion 30.6.3.2, signs widiin the efitfane-e
eefT-ider- evef4a-y distfiet shall be subjeet to the r-egulations set fet=ffi in seetion 4.15 of this ehapter, Notwithstanding any
other- provision of this see6on 30.6, the agent shall be authorized to issue eet4ifieates of appfopr-i4eaess fef: eligible signs
12
undef: seefien 4.15.15. Fef: sueh queJifying signs, �he pr-ovisions E)f seetions 30.6.4.30.6.7 and 30.6.9 shall apply to the
agent as it does to the ar-ehiteewr-A review beafd. (Amended 7 8 924
(12- 10 -80, § 30.6.3.2; 7 -8 -92; Ord. 01- 18(3), 5 -9 -01)
30.6.5.1 GENERAL A L REGUT A TIONS (Repeal. '7_4_07)
30.6.5.2 REGULATION OF NUMBER, HEIGHT, AREA, TYPES OF SIGNS (Repealed 7 8 92)
Sec. 30.6.6 Development exempt from requirement to obtain certificate of
appropriateness
30.6.6.2REPAIR AND MAINTENANCE OF STRUCTURES
* led in Seetion 6.2(C), 6.3(A)(3) and 6.3(B) of this ehapter-, upen deteffrAnation by the zoning administr-atef th4 sue.h.
r-epai of: maintenanee would not be eeatr-ar-y to the intent and purposes of this seefion 30.6. (Amended 6 14 00)
30.6.6.3 EXEMPTIONS MPTIONS (A ,l,le C 18-70-4r)
nA)
.fiyi e
s
a. The following exemptions shall apply to all buildings and stfuetwes:
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 chanter.
C. Temporary construction headquarters Isection 5.1.18(al. temporary construction yards (section 5.1.18(b)l. and
temporary mobile homes (section 5.7).
d. Temporary signs and sandwich board sib
13
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 o
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 change the external appearance
of the structure.
See, 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 theme "application "). The application maybe
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 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.
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 reauired 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 a ent
does not deliver the notice within the ten (10) day period, the application shall be accepted for review,
provided that the agent y 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 y deem the application to be incomplete and rem
the application as provided herein.
C. Resubmittal ofavvlication orieinally determined to be incomplete. Within fifteen (15) days after the date the
notice of rejection was mailed or delivered b. the he a eprovided 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.
14
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.
I. Reauest 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 (151 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 an time, ime, 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.
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 (sl.
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, exercising the authoritygranted by section 30.6:
1. Recommendation and decision on nreliminary review. In making its recommendations on applications
for preliminary review, the board shall consider the recommendations of the agent, the statements and
information provided b, the he 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 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(gl.
15
h. Modes of sending notices. letters and other writings. Notices. letters and other writings reauired 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 y the conditions of
a certificate of a aaropriateness. and any other request by an applicant for review.
Sec. 30.6.7 Submittal- review and action on application; final review
bear-d, of this efdina-nee.
seetion. Appliealion for- a eer-fifie4e of appropriateness togethef: with a fee as set fet4h in seefi— f—I of this
Mate a4s su -m-itted with the appheafion or- on subsequent request by the ar-ehiteePdfa 4eAm hbem�dd sh-a4l ineltide A plans,
maps, studies and f:epE)t4s whieh may be f:easonably f:e"ir-ed to make the detempAnations ealled fof: in the paftieular- ease-,
No eei4ifieate of appr-opr-i4eness sha4l be issued within ten (10) ea4eadaf days of the d4e of mailing of stieh
Upon r-eeeipt of an appheat4on, the ar-ehiteetidfal review boafd sha4l sehedule the same for- heafing and shall eause sue
notiee to be sent as herein above r-equked. The afvhiteetur-al f:eview bE)afd shall eonfer- with the appheant and sha4l-
> appfoved, sha4l issue a eeft4fie4e of appfopfiateness thefefer-, with e
without eonditions togethef with sueh modifieations as deemed neeessafy to inswe eemplianee with this see6on. Failtife
of the aivhiteetur-A r-eview beaf:d to appf:E)ve or- disappf:ove sueh appheation within sixty (60) days 4om the d4e o
appheation shall be deemed to eensfitute appr-oval of the appheafiefl.
Nothing eontained in seetion > shall >
other-wise impaif: the eemmAssion in its exer-eise of pf:eIifFAaai-7y E)r- Anal site development plan review as set fel4h in Se
32.0, site development plan, of this efdinanee. 14 is the e*pfess intent of the board of supevvisofs th4 mattefs fel4ed to
ptiblie heaM and safety as may be defined by the eeffffpAssien shall pfevail over- issues of aesthefies as may be defined by
the ar-ehiteet+wa4 review boai-7d. T-hef:efof:e, the eenwpAssiea in its review of any pf:eUmAnafy of: finA site development p1an
board upen finding that sueh aefien would bet4ef sefve the publie health of safety,
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 "aonlication "). 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
b. Determination of complete application: rejection of incomplete application. An application that provides the
information required by section 30.6.7(a) shall be accented 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.
16
1. Complete application: date deemed to be officially submitted. The date of the next annlication 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 annlication omitting information reauired 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 accented for review.
provided that the agent may require the applicant to later provide omitted information within a period
specified b, the he 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 orieinally 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 Drocess 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_
1. Reauest for revision. The director of planning or the architectural review board shall inform the aDDlicant
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 an time, ime, 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(fl.
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.
e. Notice of submitted application. The director of Dlannine 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.
17
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 b, the he 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 (2 1) 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.
Decisions. The architectural review board shall review the application for consistencv 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
compliance of the application with the requirements of this section 30.6.
1. Issue or denv. In makina a decision on an application for a certificate of appropriateness. the board ma
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 denving a certificate of appropriateness, the board may make an
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.
h. Period of validitv 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)
ears. 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 on icy 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 of the date of denial.
i. 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.
Sec. 30.6.8 Appeals
18
- 71, -- =M.
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(8, may be annealed to the board of supervisors as
follows.
a. Persons and entities having right to anneal. An appeal may be filed by the applicant, anv person acgrieved. 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(8. or
within ten (10) days after the date of the required notice if the application is deemed approved under section 30.6.7(8.
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 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 application.
When considering an appeal pertaining wo a public 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 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 ille illegality 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 safetv and anv reauirement of this section 30.6 or anv term or condition of a certificate of
appropriateness conflict, the public health or safety shall hall 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. The agent may modify; vary or waive any term or condition of a certificate of
a propriateness only after consulting with the building official, the county engineer, a representative of the department of
19
ra
- 71, -- =M.
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(8, may be annealed to the board of supervisors as
follows.
a. Persons and entities having right to anneal. An appeal may be filed by the applicant, anv person acgrieved. 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(8. or
within ten (10) days after the date of the required notice if the application is deemed approved under section 30.6.7(8.
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 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 application.
When considering an appeal pertaining wo a public 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 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 ille illegality 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 safetv and anv reauirement of this section 30.6 or anv term or condition of a certificate of
appropriateness conflict, the public health or safety shall hall 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. The agent may modify; vary or waive any term or condition of a certificate of
a propriateness only after consulting with the building official, the county engineer, a representative of the department of
19
fire rescue or other public official who advises the agent that public health or safety would be at risk if the condition is not
modified, varied or waived.
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
Clerk, Board of County Supervisors
20