HomeMy WebLinkAboutZTA200900009 Legacy Document 2009-12-08 (3)ATTACHMENT C
ENTRANCE CORRIDOR OVERLAY DISTRICT PROPOSED ZONING TEXT AMENDMENT
Comparison of Original and Proposed Text
ORIGINAL TEXT
PROPOSED TEXT (12/7/09 draft)
COMMENTS
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Sec. 3.1 Definitions
Certificate of appropriateness: A decision made by the architectural
review board or, on appeal, by the board of 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
"Sites" and
with applicable design guidelines for a class of structures, sites,
"architectural
improvements, or architectural elements. The decision applies to any
elements" have been
structure, site, improvement or architectural element within that class that
added to further
complies with the specific design criteria.
clarify the intent of
the county -wide
Nonconforming Structure: The term "nonconforming structure" means a
certificate of
lawful structure existing on the effective date of the zoning regulations
appropriateness.
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
district.
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30.6 ENTRANCE CORRIDOR
30.6.1 Purpose and intent
OVERLAY DISTRICT - EC (Added 10-
3-90) 30.6.1 INTENT
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The entrance corridor overlay district is
The purpose of this section 30.6 is to implement the enabling authority in
intended to implement the comprehensive
Virginia Code § 15.2- 2306(A) by identifying those arterial streets and
plan goal of protecting the county's natural,
highways found to be significant routes of tourist access to the county and
The words "to the
scenic and historic, architectural and
to designated historic landmarks, structures or districts within the county or
county and" have
cultural resources including preservation of
in contiguous localities, and to require that the erection, reconstruction,
been added in this
natural and scenic resources as the same
alteration or restoration of structures, including signs, on parcels contiguous
section to further
may serve this purpose; to ensure a quality
to those streets and highways as provided herein, be architecturally
clarify the meaning
of development compatible with these
compatible with those historic landmarks or structures.
of "entrance
resources through architectural control of
corridor ".
development; to stabilize and improve
The comprehensive plan provides that scenic resources contribute to the
property values; to protect and enhance the
community's desirability as a place to live, they enhance and protect
county's attractiveness to tourists and other
property values, and contribute to the overall quality of life for the county's
ATTACHMENT C
visitors; to sustain and enhance the
residents. The comprehensive plan also acknowledges that scenic resources
economic benefits accruing to the county
are important to visitors as well as the county's residents, and that visitors
from tourism; to support and stimulate
to the Blue Ridge Mountains and the county's rural historic structures
complimentary development appropriate to
gather a lasting impression of the county as they travel the county's scenic
the prominence afforded properties deemed
roadways. The significant routes of tourist access within the entrance
to be of historic, architectural or cultural
corridor overlay district provide access to the county and to many of the
significance, all of the foregoing being
county's historic landmarks, structures and districts including, but not
deemed to advance and promote the public
limited to Monticello, the home of Thomas Jefferson which is on the
health, safety and welfare of the citizens of
World Heritage List administered by the United Nations and a National
the county and visitors thereto.
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
Previous wording
quality of life. An objective of this goal is to maintain the visual integrity
used here was
of the county's roadways by using design guidelines. The entrance corridor
"design standards ".
overlay district will ensure that development is compatible with the
"Guidelines" is the
county's natural, scenic, historic and architectural resources by providing
standard
for review of new construction along the identified significant routes of
terminology.
tourist access by an architectural review board under design guidelines
promulgated by that board and ratified by the board of supervisors.
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30.6.2 APPLICATION
30.6.2 Boundaries of the district
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The entrance corridor overlay district is
The entrance corridor overlay district is established upon and comprised of
created to conserve elements of the county's
those parcels contiguous to significant routes of tourist access, regardless of
scenic beauty and to preserve and protect
the underlying zoning district or the existence of other applicable overlay
corridors: (i) along arterial streets or
districts, as provided in section 30.6.2(b) follows:
highways designated as such pursuant to
Title 33.1 of the Virginia Code found by the
a.Significant routes of tourist access. (See next cell down.)
board of supervisors to be significant routes
of tourist access to the county; (ii) to
b. Parcels contiguous to EC streets. Parcels contiguous to EC streets are:
Throughout this
historic landmarks as established by the
section, "routes" and
Virginia Landmarks Commission together
1. Parcels sharing boundary with an EC street on reference date.
"significant routes
with any other buildings or structures within
Each parcel that had a boundary that was shared at any point with
of tourist access"
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the county having an important historic,
the right -of -way of an EC street on one of the following applicable
have been changed
architectural or cultural interest and any
reference dates: (i) on October 3, 1990for those parcels sharing a
to "EC streets ".
historic areas within the county as defined
boundary with an EC street identified in section 30.6.2(a)(1)
by Virginia Code § 15.2 -2201; or (iii) to
through (16); (ii) on November 14, 1990 for those parcels
designated historic landmarks, buildings,
sharing a boundary with an EC street identified in section
structures or districts in any contiguous
30.6.2(a)(17) and (18); (iii) on April 12, 2000 for those parcels
locality.
sharing a boundary with an EC street identified in section
a. An entrance corridor overlay district may
30.6.2(a)(19) and (20); and (iv) on November 2, 2005 for those
be established over any basic zoning district
parcels sharing a boundary with an EC street identified in section
and/or any other overlay district, and upon
30.6.2(a)(21) (hereinafter, "the "applicable reference date ").
the highways and their rights -of -way
identified in subsection (c) (the "EC
2. Parcels not sharing boundary with an EC street. Each parcel
streets "), regardless of whether such EC
within five hundred (500) feet of an EC street that did not share at
streets are otherwise within a zoning
any point a boundary with the right -of -way of an EC street on the
district.
applicable reference date.
b. Entrance corridor overlay districts are
hereby established upon the parcels of land
c. Extent of overlay district. The overlay district extends across the entire
contiguous to the EC streets delineated in
width of each parcel contiguous to an EC street. The overlay district
subsection (c), from the edge of the right -of-
extends to the depth of each parcel as follows:
way to the greater of either: (i) the full
depth of the parcel, as the parcel existed on
1. Parcels sharing boundary with an EC street on reference date. If
the original adoption date of section 30.6; or
the parcel shared a boundary with an EC street on the applicable
(ii) a depth of five hundred (500) feet.
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 right -of -way of the EC
These words have
street.
been added for
further clarification
d. Effect of subsequent change to parcel boundaries. The subdivision,
on the effect of
boundary line adjustment, or any other change to the boundaries of a parcel
parcel boundary
after the applicable reference date shall not reduce the area subject to this
changes to the area
section 30.6 without a zoning map amendment that changes the boundaries
of the EC overlay
to the entrance corridor overlay district.
district.
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c. Subject to subsection (b), entrance
30.6.2.a. Significant routes of tourist access. The following arterial streets
corridor overlay districts are hereby
and highway are found to be significant routes of tourist access and are
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established upon and along the following
hereinafter referred to in section 30.6 as "EC streets ":
This phrase was
highways:
1. U.S. Route 250 East (Richmond Road).
moved to this
1. U.S. Route 250 East.
2. U.S. Route 29 North (Seminole Trail).
section from the first
2. U.S. Route 29 North.
3. U.S. Route 29 South (Monacan Trail).
paragraph of section
3. U.S. Route 29 South.
4. Virginia Route 20 South (Monticello Avenue and Scottsville Road).
30.6.1.
4. Virginia Route 20 South.
5. Virginia Route 631 (5"' Street and Old Lynchburg Road) from
5. Virginia Route 631 South from
Charlottesville City limits to Route 708 (Red Hill Road) and Virginia
Charlottesville City limits to Route 708 and
Route 631 (Rio Road West) from U.S. Route 29 North (Seminole Trail)
from U.S. Route 29 North to Route 743.
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).
6. U.S. Route 250 West.
7. Virginia Route 6 (Irish Road).
7. Virginia Route 6.
8. Virginia Route 151 (Critzers Shop Road).
8. Virginia Route 151.
9. Interstate Route 64.
9. Interstate Route 64.
10. Virginia Route 20 North (Stony Point Road).
10. Virginia Route 20 North.
11. Virginia Route 22 (Louisa Road).
11. Virginia Route 22.
12. Virginia Route 53 (Thomas Jefferson Parkway).
12. Virginia Route 53.
13. Virginia Route 231 (Gordonsville Road).
13. Virginia Route 231.
14. Virginia Route 240 (Three Notch'd Road).
14. Virginia Route 240.
15. U.S. Route 29 Business (Fontaine Avenue)
15. U.S. Route 29 Business.
16. U.S. Route 29/250 Bypass.
16. U.S. Route 29/250 Bypass.
17. Virginia Route 654 (Barracks Road).
17. Virginia Route 654. (Added 11- 14 -90)
18. Virginia Route 742 (Avon Street).
18. Virginia Route 742. (Added 11- 14 -90)
19. Virginia Route 649 (Airport Road) from U.S. Route 29 North
19. Virginia Route 649 from U.S. Route 29
(Seminole Trail) to Virginia Route 606 (Dickerson Road).
North to Virginia Route 606.
20. Virginia Route 743 (Hydraulic Road and Earlysville Road) from U.S.
20. Virginia Route 743 from U.S. Route 29
Route 29 North (Seminole Trail) to Virginia Route 676 (Woodlands
North to Virginia Route 676.
Road).
21. Virginia Route 631 from U.S. Route 29
21. Virginia Route 631 (Rio Road) from U.S. Route 29 North (Seminole
North easterly to the Norfolk Southern
Trail) easterly to the Norfolk Southern Railway tracks.
Railway tracks.
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30.6.3 PERMITTED USES
30.6.3 Permitted uses and applicable standards
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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:
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30.6.3.1 BY RIGHT
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The following uses shall be permitted by
1. By right. Uses permitted by right in the underlying zoning district
right in any EC overlay district:
shall be permitted by right in the EC overlay district, except as
a. Uses permitted by right shall include all
otherwise provided in section 30.6.
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uses permitted by right in the underlying
districts except as herein otherwise
provided.
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30.6.3.2 BY SPECIAL USE PERMIT
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Each of the following uses are authorized
2.By special use permit. The following uses shall be permitted by
within the entrance corridor overlay district
special use permit in the EC overlay district:
only by special use permit:
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a. All uses authorized by special use permit
a. Uses authorized by special use permit in the underlying zoning
in the underlying districts;
district.
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b. Outdoor storage, display and/or sales
b. Outdoor storage, display and/or sales serving or associated with a
serving or associated with permitted uses,
permitted uses, other than a residential, agricultural or forestal use,
any portion of which would be visible from
any portion of which would be visible from the EC street to which
an EC street; provided that review shall be
it is contiguous or from any other EC street which is located within
limited to the intent of this section.
five hundred (500) feet; provided that review shall be limited to
Residential, agricultural and forestal uses
determining whether the outdoor storage, display and/or sales is
shall be exempt from this provision.
consistent with the applicable design guidelines.
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c. The construction or location of any
c. The construction or location of any structure, including any
structure, including any subdivision sign or
subdivision sign or sign identifying a planned development as
sign identifying a planned development as
provided in section 4.15.16(I), upon the super acent and subjacent
provided in section 4.15.16(1) of this
airspace of an EC street that is not required for the purpose of travel
chapter, upon the super acent and subjacent
or other public use by the Commonwealth of Virginia or other
airspace of an EC street that is not required
political jurisdiction owning such street.
for the purpose of travel or other public use
by the Commonwealth of Virginia or other
political jurisdiction owning such street.
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30.6.4 AREA AND BULK
REGULATIONS; MINIMUM YARD
AND SETBACK REQUIREMENTS;
HEIGHT REGULATIONS;
LANDSCAPING AND SCREENING;
PRESERVATION OF NATURAL
FEATURES
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Area and bulk regulations, including options
30.6.3.b. Area and bulk and other regulations. The area and bulk,
for bonus factors (except where the
minimum yard and setback requirements, and maximum building height
provisions of this section require provision
requirements of the underlying zoning district shall apply to all uses and
of improvements or design features for
structures in the EC overlay district.
which a bonus might otherwise be
permitted) and rural preservation
30.6.3.c. Bonus factors. A condition of a certificate of appropriateness that
ATTACHMENT C
development, minimum yard, and setback
requirements, and height regulations shall
be as provided by the underlying district,
except that the following provisions and
limitations shall apply to any development
or portion thereof which shall be visible
from a designated EC street.
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.
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30.6.4.1 A certificate of appropriateness is
30.6.4 Certificates of Appropriateness
required for the following:
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a. Except as otherwise provided in section
The architectural review board is authorized to issue certificates of
30.6.6, no building permit shall be issued
appropriateness for any structure, and associated improvements, or any
for any purpose unless and until a certificate
portion thereof, that are visible from the EC street to which the parcel is
of appropriateness has been issued in accord
contiguous, as follows:
with section 30.6.7 or section 30.6.8 for
improvements subject to such building
a. Development requiring a certificate of appropriateness. The
permit.
following developments require a certificate of appropriateness:
b. Except as otherwise provided in section
1. Building permits required. Each structure and/or site
These sections (al
30.6.6 and section 32.3.8, for any
improvement for which a building permit is required, even
and a2) have been
development subject to approval under
though it is not a development for which a site plan is required,
reworded for better
section 32.0, site development plan, no final
unless the structure is exempt under section 30.6.5. No
clarity.
site development plan shall be approved by
building permit shall be approved until the certificate of
the commission or be signed pursuant to
appropriateness is obtained.
section 32.4.3.6 unless and until a certificate
of appropriateness has been issued in accord
2. Site plans required. Each structure and/or site improvement for
with section 30.6.7 or section 30.6.8 for all
which a building permit is required in a development for which
buildings and improvements shown thereon.
a site plan is required, unless the improvement is exempt under
section 30.6.5. No site plan shall be approved until the
certificate of appropriateness is obtained.
b. Types of certificates of appropriateness. The architectural review
board is authorized to issue the following types of certificates of
appropriateness:
1. Specific developments. For specific developments associated
with one or more building permits or a single site plan.
2. Signs in a new multi - business complex or shopping center. For
all of the signs in a new multi- business complex or shopping
ATTACHMENT C
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 is authorized to determine whether a
particular sign satisfies the conditions of the certificate of
The words "sites"
appropriateness.
and "architectural
elements" have been
3. County -wide certificates of appropriateness. County -wide
added to this section
certificates of appropriateness for specific classes of structures,
and below to further
sites, improvements, or architectural elements, subject to
clarify the types of
specific design criteria that each structure, site, improvement or
improvements and
architectural element within the class must satisfy in order to be
developments the
subject to the county -wide certificate, and subject to the
ARB typically
following:
encounters.
a. Factors considered in issuing. The board shall
These factors (3a)
consider the following factors in determining whether
and criteria (3b)
to issue a county -wide certificate of Upropriateness:
were added
the proposed distance of the structures, sites,
following
improvements, or architectural elements from an EC
suggestions at the
street, the proposed location of the structures. sites.
November work
improvements, or architectural elements relative to an
session that the
EC street and other buildings and structures,
parameters of the
consistency with design or appearance, and the
county -wide CofA
anticipated limited impacts from the structures, sites.
should be defined in
improvements or architectural elements based on their
the ordinance. The
size or scope.
factors cover the
types of
b. Design criteria. The board may establish appropriate
development
design criteria that a structure, site, improvement or
identified in the
architectural element must comply with in order to be
2008 and 2009 joint
subject to a county -wide certificate, including the
meetings of the
following: (1) building and structure hei hg t: (2)
ARB, PC and BOS
building and structure size: (3) scale or mass: (4)
as potential
aaaropriate roof forms: (5) appropriate building
candidates for
materials and/or colors: (6) minimum planting
county -wide CofAs.
requirements: (7) minimum screening requirements: (8)
The design criteria
the structural and design details of signs: and (9) other
include criteria that
architectural or design features required for compliance
are already
ATTACHMENT C
with the architectural design guidelines.
established in the
EC Guidelines. They
c. Determination of compliance by director ofilanning.
provide direction for
Once a county -wide certificate of appropriateness is
establishing the
issued, the director of planning is authorized to
parameters of
determine whether a particular structure, site,
county -wide CofAs.
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 upcoming meeting.
d. Action and appeal. Any person requesting_a
determination whether a proposed structure. site.
This section has
improvement or architectural element satisfies the
been added to clarify
specific design criteria of a county -wide certificate of
the process by which
appropriateness shall submit a request to the director of
an application for a
planning providing the information required by the
county -wide CofA
director. The procedure for the submittal and action
would be reviewed
under section 30.6.6(b). (c). (d) and (f) shall apply.
and acted on.
1. By the director. If the director determines that
the proposed structure, site, improvement or
This section clarifies
architectural element does not satisf- the
that an applicant can
specific design criteria of the county -wide
appeal staff's
certificate of appropriateness, the director shall
decision on a
send notice to the person requesting the
county -wide CofA
determination of his decision. The person
to the ARB or
requesting the determination may either: (1)
proceed with a
appeal the director's decision to the
standard submittal
architectural review board by filing an appeal
and review.
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.
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2. By the board. If the board determines in its
This section clarifies
own review or on an a1212eal of the director's
that an applicant can
decision that the proposed structure, site.
appeal the ARB's
improvement or architectural element does not
decision on a
satisfy the specific design criteria of the
county -wide CofA
county -wide certificate of appropriateness, the
or submit a standard
board shall send notice to the person requesting
application for
the determination of its decision. The person
review.
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.
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The certificate of appropriateness shall be
30.6.4.e. Authority of zoning administrator to determine compliance with
binding upon the proposed development as
certificate of appropriateness. The zoning administrator is authorized to
to conditions of issuance. The certificate
determine whether a development, including a sign, satisfies the terms and
shall certify that the proposed development
conditions of the certificate of appropriateness.
as may be modified by the conditions of
issuance is consistent with the design
30.6.4.f. Effect of certificate of appropriateness. Each structure or
guidelines adopted by the board of
associated improvement for which a certificate of appropriateness was
supervisors for the specific EC street.
issued shall be established and maintained in accordance with the terms,
Signature by the zoning administrator upon
conditions and requirements of the certificate. Each site plan and building
the final site development plan or building
permit shall demonstrate that the structures and associated site
permit, as the case may be, shall be deemed
improvements will satisfy the terms, conditions and requirements of the
to constitute such certification.
certificate.
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In making such determination as to
30.6.4.c Authority to assure consistency with applicable design guidelines.
consistency with design guidelines, the
In determining whether a structure or associated improvements are
architectural review board may specify any
consistent with the applicable design guidelines, the architectural review
architectural feature as to appearance, such
board may specify the following, which are in addition to the requirements
as, but not limited to, motif and style, color,
of the underlying zoning district or of section 32, provided that the board
texture and materials together with
may not authorize any maximum standard to be exceeded, or any minimum
configuration, orientation and other
standard to not be met:
limitations as to mass, shape, height and
1. Architectural features. The appearance of any architectural
location of buildings and structures, location
feature including, but not limited to, its form and style, color,
and configuration of parking areas and
texture and materials.
landscaping and buffering requirements to
the extent such practices are authorized
2. Size and arrangement of structures. The configuration,
under the adopted design guidelines without
orientation and other limitations as to the mass, shape, area,
ATTACHMENT C
regard to regulations of the underlying
bulk, height and location of structures. In considering the
zoning district or regulations of section 32.0
arrangement and location of structures, the architectural review
of this ordinance. (Amended 5- 18 -94)
board may require that the existing vegetation and natural
features be used to screen structures and associated
improvements from one or more EC streets to which the parcel
is contiguous as provided in section 30.6.2(b).
3. Location and configuration of parking areas and landscaping.
The location and configuration of parking areas and
landscaping and buffering requirements.
4. Landscaping measures. In addition to the requirements of
section 32.7.9, landscaping measures determined to be
appropriate to assure that the structures and associated
improvements are consistent with the applicable design
guidelines.
5. Preservation of existing vegetation and natural features. The
preservation of existing trees, wooded areas and natural
features.
6. Appearance of signs. In addition to the applicable requirements
of section 4.15, the appropriate style, size, colors, materials,
illumination and location of all proposed signs, and any other
applicable design guidelines. Each application for a certificate
of appropriateness for one or more signs shall be accompanied
by a site plan or sketch plan that shows the location of all signs
proposed to be erected on the lot or lots subject to the site plan
or sketch plan.
7. Fencing. The location, type and color of all fencing, including
safety fencing.
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30.6.4.2 Regulations of section 32.7.9,
30.6.4.d. Authority to impose conditions to assure development is consistent
landscaping and screening requirements,
with the applicable design guidelines. The architectural review board is
shall apply within any EC overlay district
authorized to impose reasonable conditions in conjunction with any
except that:
approved certificate of appropriateness to assure that the development is
consistent with the applicable design guidelines. The architectural review
a. In addition to the provisions of section
board also is authorized to approve plans showing, or identify in a
30.6.4.1, the architectural review board may
certificate of appropriateness, existing trees, wooded areas and natural areas
ATTACHMENT C
require specific landscaping measures in
to be preserved, the limits of grading or other land disturbing activity
issuance of a certificate of appropriateness,
including trenching and tunneling, in order to, among other things, protect
as the same may be related to insuring that
existing features, and grade changes requiring tree wells or tree walls.
the proposed development is consistent with
the design guidelines adopted by the board
of supervisors for the specific EC street.
Existing trees, wooded areas and natural
features shall be preserved except as
necessary for location of improvements as
described in section 32.5.6.n, provided that
the architectural review board may
authorize additional activity upon finding
that such activity will equally or better serve
the purposes of this ordinance. Such
improvements shall be located so as to
maximize the use of existing features in
screening such improvements from EC
streets to the extent such practices are
authorized under the adopted design
guidelines.
b. The certificate of appropriateness shall
indicate the existing features to be preserved
pursuant to the preceding paragraph; the
limits of grading or other earth disturbance
(including trenching or tunneling); the
location and type of protective fencing; and
grade changes requiring tree wells or tree
walls.
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c. No grading or other earth disturbing
30.6.3.d. Grading or land disturbing activity. No grading or other land
activity (including trenching or tunneling),
disturbing activity (including trenching or tunneling), except as necessary
except as necessary for the construction of
for the construction of tree wells or tree walls, shall occur within the drip
tree wells or tree walls, shall occur within
line of any trees or wooded areas designated on the site plan to be
the drip line of any trees or wooded areas
preserved, nor intrude upon any other existing features designated in the
nor intrude upon any other existing features
certificate of appropriateness for preservation.
designated in the certificate of
appropriateness for preservation.
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d. Areas designated on approved plans for
30.6.3.f. Designating and protecting preserved features. Areas on a site
ATTACHMENT C
preservation of existing features shall be
containing features to be preserved shall be identified on approved site
clearly and visibly delineated on the site
plans and building plans and shall be clearly and visibly delineated on the
prior to commencement of any grading or
site prior to commencing grading or other land disturbing activity,
other earth- disturbing activity (including
including trenching or tunneling. No grading, other land disturbing
trenching or tunneling) and no such
activity, or movement of heavy equipment shall occur within the delineated
disturbing activity or grading or movement
areas. The visible delineation of the boundaries of the areas to be preserved
of heavy equipment shall occur within such
shall be maintained until a certificate of occupancy is issued by the county.
area. The visible delineation of all such
All features designated for preservation shall be protected during
existing features shall be maintained until
development.
the completion of development of the site.
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In addition, an applicant for development
30.6.3.e. Method for preserving designated features. An applicant for a
subject to the provisions of section 30.6,
development subject to the provisions of section 30.6 shall sign a
shall sign a conservation checklist approved
conservation checklist provided by the director of planning or his or her
by the designated agent of the architectural
designee (the "director of planning ") specifying the method for preserving
review board to further ensure that the
the designated features, and the method shall conform to the specifications
specified existing features will be protected
contained in Standard and Specification 3.38 at pages III -393 through III -
during development. Except as otherwise
413 of the Virginia Erosion and Sediment Control Handbook; provided that
expressly approved by the agent in a
the architectural review board, or the director of planning, may require
particular case, such checklist shall conform
alternative methods of tree protection if greater protection is deemed
to specifications contained in the Virginia
necessary.
Erosion and Sediment Control Handbook,
pp 111 -284 through III -297.
27
30.6.5 SIGNS In addition to the special use
permit requirement for those signs
identified in section 30.6.3.2, signs within
the entrance corridor overlay district shall
be subject to the regulations set forth in
section 4.15 of this chapter.
Notwithstanding any other provision of this
section 30.6, the agent shall be authorized to
issue certificates of appropriateness for
eligible signs under section 4.15.15. For
such qualifying signs, the provisions of
sections 30.6.4.30.6.7 and 30.6.8 shall apply
to the agent as it does to the architectural
review board.
28
30.6.6 NONCONFORMITIES;
EXEMPTIONS 30.6.6.1 Any use, activity,
lot or structure subject to the provisions of
ATTACHMENT C
the EC overlay district which does not
conform to the provisions of the EC overlay
district shall be subject to section 6.0,
nonconformities, of this ordinance.
29
30.6.6.2 REPAIR AND MAINTENANCE
OF STRUCTURES An owner may repair
and maintain a nonconforming structure or a
structure occupied or used by a
nonconforming use as provided in Section
6.2(C), 6.3(A)(3) and 6.3(B) of this chapter,
upon determination by the zoning
administrator that such repair or
maintenance would not be contrary to the
intent and purposes of this section 30.6.
30
30.6.6.3 EXEMPTIONS (Added 5- 18 -94)
30.6.5 Development exempt from requirement to obtain Certificate of
Appropriateness
31
The provisions of section 30.6.4.1
The following development is exempt from the requirements of this section
notwithstanding, no certificate of
30.6:
appropriateness shall be required for the
following activities:
a. Primary and accessory dwelling units if no site plan is required by this
a. The following exemptions shall apply to
chapter.
all buildings and structures:
b. Structures for agricultural or forestal uses if no site plan is required by
1. Interior alterations to a building or
this chapter.
structure having no effect on exterior
appearance of the building or structure.
c. Temporary construction headquarters (section 5.1.18(a), temporary
construction yards (section 5.1.18(b)), and temporary mobile homes
2. Construction of ramps and other
(section 5.7).
modifications to serve the handicapped in
accord with section 4.9.
d. Temporary signs and sandwich board signs.
3. The repair and maintenance of structures
e. The repair and maintenance of structures and site improvements where
authorized pursuant to section 30.6.6.2.
there is no substantial change in design or materials.
(Amended 6- 14 -00)
f. The repair and maintenance of nonconforming structures or site
4. Main and accessory residential, forestal
improvements as authorized by section 6.3(B).
and agricultural buildings where no site
development plan is required for the work
g. Additions or modifications to structures or site improvements where
subject to the building permit.
there is no substantial change in design or materials.
ATTACHMENT C
5. General maintenance where no
substantial change in design or material is
proposed.
6. Additions or modifications to a building
where no substantial change in design or
material is proposed as determined by the
zoning administrator.
32 1 30.6.7 ADMINISTRATION
33 Section 30.6, entrance corridor overlay
district - EC, shall be administered by an
architectural review board created and
appointed by the board of supervisors of
Albemarle County pursuant to section 34A,
architectural review board, of this
ordinance.
34 The architectural review board shall be
responsible for issuance of certificates of
appropriateness as required by this section.
Application for a certificate of
appropriateness together with a fee as set
forth in section 35.0, fees, of this ordinance
shall be filed by the owner or contract
purchaser of the subject property with the
zoning administrator. Materials submitted
with the application or on subsequent
request by the architectural review board
shall include all plans, maps, studies and
h. Additions or modifications to structures to the extent necessary to
comply with the minimum requirements of the Americans with
Disabilities Act, the Fair Housing Act, or any other similar federal or
state law providing for the reasonable accommodation of persons with
disabilities.
i. Additions or modifications to nonconforming structures as authorized
by sections 6.3(A)(3) and 6.3(A)(5).
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 annearance of the structure.
Sec. 30.6.6 Submittal, review and
action on application; preliminary
review
Applications for preliminary review
under section 30.6 shall be subject to
the following:
a. Applications. An application for
preliminary review shall contain a
completed county - provided
application form and supplemental
information required by the director
of planning (the "application "). The
application may be filed 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
Sec. 30.6.7 Submittal, review and
action on application; final review
Applications for final review under
section 30.6 shall be subject to the
following:
a.Applications. An application for
final review shall contain a
completed county - provided
application form and supplemental
information required by the director
of planning (the "application ").
The application may be filed by the
owner, the owner's agent, or a
contract purchaser with the owner's
written consent (the "applicant "),
with the department of community
development. Eight (8) collated
ATTACHMENT C
reports which may be reasonably required to
make the determinations called for in the
particular case, with sufficient copies for
necessary referrals and records.
copies of the application and all
other information required by the
application form for a preliminary
review shall be filed. The
application shall be accompanied by
the fee required by section 35 at the
time of its filing.
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.
35
The zoning administrator shall forward the
30.6.6.e. Notice of submitted
30.6.7.e. Notice of submitted
application together with all accompanying
application. The director of
application. The director of
materials to the architectural review board
planning shall send a notice to each
planning shall send a notice to each
within five (5) calendar days of the date of
member of the board of supervisors,
member of the board of supervisors,
application.
the commission and the architectural
the commission and the
review board that an application has
architectural review board that an
Notice of application submittal shall be sent
been officially submitted. The
application has been officially
by first class mail to each member of the
notice shall be sent within five (5)
submitted. The notice shall be sent
commission and board of supervisors. No
days after the application is
within five (5) days after the
certificate of appropriateness shall be issued
determined to be complete. The
application is determined to be
within ten (10) calendar days of the date of
notice shall provide the location of
complete. The notice shall provide
mailing of such notice. The notice shall
the development by street address
the location of the development by
state the type of use proposed, specific
and magisterial district, identify the
street address and magisterial
location of development, including
proposed use(s), state that the
district, identify the proposed
magisterial district, appropriate county
application may be reviewed in the
use(s), state that the application
office where the application may be
offices of the department of
may be reviewed in the offices of
reviewed and date of the architectural
community development, and
the department of community
review board meeting.
provide the date of the architectural
development, and provide the date
review board meeting at which the
of the architectural review board
application will be considered.
meeting at which the application
will be considered.
36
Upon receipt of an application, the
30.6.6.g. Recommendations and
30.6.7.g. Decisions. The
architectural review board shall schedule
decisions. The architectural review
architectural review board shall
the same for hearing and shall cause such
board shall review the application for
review the application for
notice to be sent as herein above required.
consistency with the applicable
consistency with the applicable
The architectural review board shall confer
design guidelines, exercising the
design guidelines, exercising the
with the applicant and shall approve or
authority granted by section 30.6:
authority granted by section 30.6.
disapprove such application and, if
In making a decision on an
approved, shall issue a certificate of
application for a certificate of
appropriateness therefor, with or without
appropriateness and other
conditions together with such modifications
applications for review, the board
as deemed necessary to insure compliance
shall consider the recommendations
ATTACHMENT C
with this section.
of the agent, the statements and
information provided by the
applicant, and any other
information pertaining to the
compliance of the application with
the requirements of this section
30.6.
37
30.66g.1.Recommendation and
A title has been
decision on preliminary review. In
added; there is no
making its recommendations on
substantive change.
applications for preliminary review,
the board shall consider the
recommendations of the agent, the
statements and information provided
by the applicant, and any other
information pertaining to the
compliance of the application with
the requirements of this section 30.6.
In making a decision on the
30.6.6.g.2 was
application for preliminary review,
added to clarify that
the board also may make any
the ARB has the
recommendations it deems
option of making a
appropriate. The board shall send
final decision on a
notice to the applicant of its decision
preliminary review.
on the preliminary review.
The ARB process is
set up as a two -step
30.6.6.2.2. Decision as action on
process in which
final review. The board, in its
applications begin
discretion, may determine that
with a preliminary
additional review of the application
and return with a
is not necessary and make a decision
final. Occasionally,
on the application under section
the ARB finds that a
30.67(2)
single review is
sufficient.
38
l.Issue or deny. In making a
The word "issue"
decision on an application for a
has replaced the
certificate of appropriateness, the
word "grant ".
board may issue the certificate of
appropriateness and impose
ATTACHMENT C
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
This sentence
notice to the applicant of its
describes current
decision on the final review.
practice.
39
2.Recommendations. In lieu of
This section has
issuing or r dening a certificate of
been added to clarify
appropriateness, the board may
that one possible
make any recommendations it
ARB action on a
deems 012ropriate to the a1212licant
final review is
to revise the application so that it is
providing the
consistent with the applicable
applicant with
desiLn guidelines before the board
recommendations
acts to issue or den,, t�pplication.
for revisions. This is
If the time for a decision under
current practice
section 30.6.7(f) would expire
when an applicant
before the application could be
has not adequately
thereafter considered by the board,
addressed all issues.
the board must obtain the
This section also
applicant's consent to extend the
requires applicant
time for decision.
consent if the 60 -day
review deadline
would expire before
a revised plan could
return to the ARB
for review.
40
Failure of the architectural review board to
30.6.6.f. Time for decision. An
30.67.f. Time for decision. An
approve or disapprove such application
application shall be acted on within
application shall be acted on within
within sixty (60) days from the date of
sixty (60) days after the date the
sixty (60) days after the date the
application shall be deemed to constitute
original application was officially
original application was officially
approval of the application.
submitted or by a later date
submitted or by a later date
requested by or agreed to by the
requested by or agreed to by the
applicant (collectively, the "decision
applicant (collectively, the
date ").
"decision date ").
ATTACHMENT C
1. When application may be deemed
approved. If the decision date has
This section has
ab ssed without the application
been reworded for
being acted upon, the applicant may
better clarity.
make a written demand for action
that is delivered to the director of
planning. If the board fails to act
on the application within twenty -
one (21) days after the receipt of the
written demand, the application
shall be deemed to be approved.
2.Notice if application deemed
approved. If an application is
deemed approved, the agent shall
send notice that the application was
deemed approved to the applicant,
the zoning administrator and the
county executive. The notice shall
be sent within five (5) days after the
expiration of the twenty -one (21)
day period in which the
This section has
architectural review board had to
been added to allow
act.
for the possibility,
with the applicant's
3. Consent to extend time for
consent, of
decision. The applicant may
extending the time
consent to extend the time for a
for the ARB's final
decision.
decision.
41
30.6.6.b. Determination of complete
30.6.7.b. Determination of complete
application; rejection of incomplete
application; rejection of incomplete
application. An application that
application. An application that
provides the information required by
provides the information required
section 30.6.6(a) shall be accepted
by section 30.6.7(a) shall be
for review and decision. The agent
accepted for review and decision.
shall make a determination as to
The agent shall make a
whether an application is complete
determination as to whether an
within ten (10) days after the
application is complete within ten
ATTACHMENT C
submittal deadline.
(10) days after the submittal
deadline.
1. Complete application; date
deemed to be officially submitted.
1.Complete application; date
The date of the next application
deemed to be officially submitted.
deadline following the submittal of a
The date of the next application
complete application shall be
deadline following the submittal of
deemed to be the date upon which
a complete application shall be
the application was officially
deemed to be the date upon which
submitted.
the application was officially
submitted.
42
2. Incomplete application; notice to
2.Incomplete application; notice to
applicant. An application omitting
applicant. An application omitting
information required by section
information required by section
30.6.6(a) shall be deemed to be
30.6.7(a) shall be deemed to be
incomplete and shall not be
incomplete and shall not be
accepted. The agent shall inform the
accepted. The agent shall inform
applicant in writing of the reasons
the applicant in writing of the
why the application was rejected as
reasons why the application was
being incomplete. If the agent does
rejected as being incomplete. If the
not deliver the notice within the ten
agent does not deliver the notice
(10) day period, the application shall
within the ten (10) day period, the
be accepted for review, provided that
application shall be accepted for
the agent may require the applicant
review, provided that the agent may
to later provide omitted information
require the applicant to later
within a period specified by the
provide omitted information within
agent of not less than ten (10) days,
a period specified by the agent of
and further provided that if the
not less than ten (10) days, and
applicant fails to timely provide the
further provided that if the applicant
omitted information the agent may
fails to timely provide the omitted
deem the application to be
information the agent may deem the
incomplete and reject the application
application to be incomplete and
as provided herein.
reject the application as provided
herein.
43
30.6.6.c. Resubmittal of application
30.6.7.c. Resubmittal of application
originally determined to be
originally determined to be
incomplete. Within fifteen (15) days
incomplete. Within fifteen (15)
ATTACHMENT C
after the date the notice of rejection
days after the date the notice of
was mailed or delivered by the agent
rejection was mailed or delivered
as provided in section 30.6.6(b), the
by the agent as provided in section
applicant may resubmit the
30.6.7(b), the applicant may
application with all of the
resubmit the application with all of
information required by section
the information required by section
30.6.6(a) together with payment of
30.6.7(a) together with payment of
the fee for the reinstatement of
the fee for the reinstatement of
review. The date of the next
review. The date of the next
application deadline following the
application deadline following the
resubmittal of the application shall
resubmittal of the application shall
be deemed to be the date upon which
be deemed to be the date upon
the application was officially
which the application was officially
submitted. If the applicant fails to
submitted. If the applicant fails to
resubmit the application within the
resubmit the application within the
fifteen (15) day period, the
fifteen (15) day period, the
application shall be deemed to be
application shall be deemed to be
denied and a new application and fee
denied and a new application and
shall be required to submit the new
fee shall be required to submit the
application.
new application.
44
30.6.6.d. Resubmittal of revised
30.6.7.d. Resubmittal of revised
application originally determined to
application originally determined to
be complete. During the review
be complete. During the review
process of a complete application,
process of a complete application,
the director of planning (for county-
the director of planning (for county-
wide certificates of appropriateness)
wide certificates of appropriateness)
or the architectural review board
or the architectural review board
may request further revisions to the
may request further revisions to the
application in order to find that the
application in order to find that the
application is consistent with the
application is consistent with the
applicable design guidelines, or the
applicable design guidelines, or the
applicant may revise the application
applicant may revise the application
on its own initiative in the absence of
on its own initiative in the absence
such a request, subject to the
of such a request, subject to the
following:
following:
1.Request for revision. The director
1.Request for revision. The director
of planning or the architectural
of planning or the architectural
review board shall inform the
review board shall inform the
ATTACHMENT C
applicant in writing of the requested
revisions to the application. The
letter shall inform the applicant that
if it chooses to make some or all of
the requested revisions, it shall
notify the director of planning within
fifteen (15) days of the date of the
writing. The letter shall also inform
the applicant that it may choose to
proceed to action on the application
without further revisions, and request
that the applicant notify the director
of planning within fifteen (15) days
of the date of the letter if it desires to
do so. The failure of the applicant to
respond to the letter shall be
presumed to be a request by the
applicant to proceed to action on the
application without further revisions,
provided that an untimely
notification by the applicant that it
desires to make some or all of the
requested revisions shall not
preclude the applicant from doing so.
2.Revision on applicant's initiative.
The applicant may revise the
application at any time, provided that
the applicant should inform the
director of planning of it doing so
when that decision is made.
3.Suspension of decision date. The
receipt by the director of planning of
a writing from the applicant stating
that it will revise its application shall
suspend the sixty (60) day period in
which a decision must be made on
the application under subsection
applicant in writing of the requested
revisions to the application. The
letter shall inform the applicant that
if it chooses to make some or all of
the requested revisions, it shall
notify the director of planning
within fifteen (15) days of the date
of the writing. The letter shall also
inform the applicant that it may
choose to proceed to action on the
application without further
revisions, and request that the
applicant notify the director of
planning within fifteen (15) days of
the date of the letter if it desires to
do so. The failure of the applicant
to respond to the letter shall be
presumed to be a request by the
applicant to proceed to action on the
application without further
revisions, provided that an untimely
notification by the applicant that it
desires to make some or all of the
requested revisions shall not
preclude the applicant from doing
so.
2.Revision on applicant's initiative.
The applicant may revise the
application at any time, provided
that the applicant should inform the
director of planning of it doing so
when that decision is made.
3.Suspension of decision date. The
receipt by the director of planning
of a writing from the applicant
stating that it will revise its
application shall suspend the sixty
ATTACHMENT C
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.
(60) day period in which a decision
must be made on the application
under subsection 30.6.7(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.
45
30.6.6.h.Modes of sending notices,
30.6.7.j.Modes of sending notices,
letters and other writings. Notices,
letters and other writings. Notices,
letters and other writings required by
letters and other writings required
subsections 30.6.6(b), (d), (e) and (g)
by subsections 30.6.7(b), (d), (e),
These section
shall be mailed to the identified
and shall be mailed to the
numbers were
recipients by first class mail, be
identified recipients by first class
corrected.
personally delivered to the applicant,
mail, be personally delivered to the
or be sent by email.
applicant, or be sent by email.
46
30.6.7.h. Period of validity of
certificate of appropriateness. A
certificate of appropriateness shall
be valid for the same period that the
site plan is valid or, if no site plan is
required for the structure or site
improvements, for three (3) years.
The architectural review board may
extend the period of validity of a
certificate of appropriateness upon
the written request of the applicant.
The written request must be
received by the director of planning
before the certificate's period of
validity expires and, upon receipt,
the running of f the period of validity
This sentence was
shall be suspended until the
reworded for better
architectural review board acts on
clarity.
the request. The board may grant
ATTACHMENT C
an extension determined to be
reasonable, taking into
consideration the size and phasing
of the proposed development and
the laws, ordinances, regulations
and design guidelines in effect at
the time of the request for an
extension and changes thereto since
the certificate of appropriateness
was originally issued.
47
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.
48
30.6.6.i.Application defined. For the
This text was moved
purposes of sections 30.6.6 and
to 30.6.6 from
30.6.7, the term "application" means
30.6.7 and "30.6.6"
an application for a certificate of
was added to clarify
appropriateness and a review to
that submittals for
determine whether submitted
preliminary review
drawings satisfy the conditions of a
are considered
certificate of appropriateness, and
applications as
any other request by an applicant for
defined by this
review.
ordinance.
49
(30.6.7 cont.) Nothing contained in section
Sec. 30.6.9 Public health or safety considered
30.6, entrance corridor overlay district - EC,
shall be deemed to compromise, limit, or
Where the public health or safety and any requirement of this section 30.6
This text was added
otherwise impair the commission in its
or any term or condition of a certificate of appropriateness conflict, the
after the Planning
exercise of preliminary or final site
public health or safety shall prevail. Therefore, nothing in this section 30.6
Commission
development plan review as set forth in
shall be deemed to compromise, limit, or otherwise impair the agent or the
expressed concern
section 32.0, site development plan, of this
commission in their review of a preliminary or final site plan review under
about the site plan
ordinance. It is the express intent of the
section 32, and the agent and the commission in their review of any
agent having
board of supervisors that matters related to
preliminary or final site plan may modify, vary or waive any term or
authority to overturn
public health and safety as may be defined
condition of a certificate of appropriateness upon finding that such action
an ARB decision.
by the commission shall prevail over issues
would better serve the public health or safety. The agent may modify. vary
The added text
of aesthetics as may be defined by the
or waive any term or condition of a certificate of appropriateness only after
clarifies that the
consulting with the building official, the county engineer. a representative
architectural review board. Therefore, the
decision must be
ATTACHMENT C
commission in its review of any preliminary
of the department of fire rescue or other public official who advises the
based on advice
agent that public health or safety would be at risk if the condition is not
or final site development plan may modify,
from one of the
modified, varied or waived.
vary or waive any requirement of the
listed county
certificate of appropriateness as issued by
officials that public
the architectural review board upon finding
health or safety
that such action would better serve the
would be at risk.
public health or safety.
50
30.6.8 APPEALS
Sec. 30.6.8 Appeals
51
The board of supervisors reserves unto itself
A decision of the architectural review board on an application for a
the right to review all decisions of the
certificate of appropriateness and other applications for review, and an
architectural review board made in the
application deemed approved under section 30.6.7(f), may be appealed to
administration of section 30.6 which, in its
the board of supervisors as follows:
discretion, it shall deem necessary to the
proper administration hereof.
a.Persons and entities having right to appeal. An appeal may be filed by
the applicant, any person aggrieved, the zoning administrator, or the county
Any person aggrieved by any decision of
executive.
the architectural review board in the
administration of this section may demand a
b.Written appeal required; timing for filing. An appeal shall be in writing
review of the application by the board of
and be filed with the clerk of the board of supervisors within ten (10) days
supervisors. Such demand shall be made by
after the date of the architectural review board's decision under section
filing a request therefore in writing with the
30.6.7(f), or within ten (10) days after the date of the required notice if the
clerk of the board of supervisors within ten
application is deemed approved under section 30.6.7(f). The appeal shall
(10) calendar days of the date of such
state the grounds for the appeal.
decision. The board of supervisors may
affirm, reverse or modify, in whole or in
c. Consideration of appeal by board of supervisors. The board of
part, the decision of the architectural review
supervisors may affirm, reverse, or modify in whole or in part the issuing,
Text has been
board. When considering an appeal
the issuing with conditions or modifications, or the denial of the certificate
revised in this
pertaining to a public safety facility, the
of appropriateness. In so doing, the board shall give due consideration to
section to use the
board may issue a certificate of
the recommendations of the architectural review board together with any
term "issuing"
appropriateness if it finds that the facility is
other information it deems necessary for a proper review of the application.
instead of "granting"
a public necessity. In considering an appeal,
When considering an appeal pertaining to a public safety facility, the board
and "denial" instead
the board of supervisors shall give due
may issue a certificate of appropriateness if it finds that the facility is a
of "disapproval ".
consideration to the recommendations of the
public necessity.
architectural review board together with
such other evidence as it deems necessary
d. Appeal of board of supervisors' decision. The applicant or any person
for a proper review of the application.
aggrieved may appeal the final decision of the board of supervisors to the
circuit court by filing a petition setting forth the alleged illegality of the
Any person or persons jointly or severally
action of the board of supervisors. The petition shall be filed within thirty
aggrieved by any decision of the board of
(30) days after the date the final decision was rendered.
ATTACHMENT C
supervisors may appeal such decision to the
circuit court of the county for review by
filing a petition at law, setting forth the
alleged illegality of the action of the board
of supervisors, provided such petition is
filed within thirty (30) days after the final
decision is rendered by the board of
supervisors. The filing of said petition shall
stay the decision of the board of supervisors
pending the outcome of
the appeal to the court.
For the purposes of this section, the term
"person aggrieved" shall be limited to the
applicant, the architectural review board or
any member thereof, the commission or any
member thereof, the agent, the zoning
administrator, the county executive, the
board of supervisors or any member thereof.
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Sec. 4.15.2 Signs - Definitions
Sec. 4.15.2 Definitions
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(36.1) Opaque background: The term "opaque background" means the
This section has
portion of the face of a sign that lies behind the message portion of the sign,
been revised at the
made of a material through which light cannot pass when the sign is
request of the
internally illuminated at night.
Planning
Commission to
eliminate the word
"background" from
the definition.
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Sec. 4.15.15 Signs - Regulations
Sec. 4.15.15 Signs - Regulations applicable in the entrance corridor
applicable in the entrance corridor
overlay district
overlay district
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In addition to all other regulations set forth
In addition to all other regulations set forth in this section 4.15, the
in this section 4.15, the following
following regulations shall apply within the entrance corridor overlay
regulations shall apply within the entrance
zoning district:
corridor overlay zoning district:
a. Certificate of appropriateness required. Prior to the erection of a sign
a. Certificate of appropriateness required.
that would be visible from an entrance corridor street, including a sign
Prior to the erection of a sign that would be
erected on or visible through a window on a structure, the owner or lessee
visible from an entrance corridor street,
of the lot on which the sign will be located shall obtain a certificate of
ATTACHMENT C
including a sign erected on or visible
appropriateness for that sign unless the sign is exempt under section 30.6.5.
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.
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b. Authority and procedure for acting upon
b.Authority and procedure for acting upon application for certificate of
application for certificate of
appropriateness. The authority and procedure for acting upon an
appropriateness. The authority and
application for a certificate of appropriateness for a sign shall be as set forth
procedure for acting upon an application for
in section30.6.
a certificate of appropriateness for a sign
shall be as set forth in sections 30.6.4,
30.6.7 and 30.6.8 of this chapter, and as
follows:
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1. The agent is authorized to review and act
upon an application for a certificate of
appropriateness for a sign if the sign will
not require a variance and the sign: (i) will
either not be internally illuminated or will
be internally illuminated with an opaque
background; (ii) will replace an existing
sign that will be substantially the same as
the existing sign; or (iii) will be in a multi -
business complex or shopping center, the
architectural review board has completed its
comprehensive sign review therefore and
the sign will meet all of the requirements
established by the architectural review
board during its review. The agent may
require that a sign otherwise eligible for
review by the agent be reviewed by the
architectural review board.
2. The architectural review board shall
review and act upon an application for a
certificate of appropriateness for each sign
that is not eligible for review by the agent as
provided in subsection (B)(1), or that is
referred to the architectural review board by
the agent.
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3. Each application for a certificate of
30.6.4.c.6. Appearance of signs. In addition to the applicable requirements
ATTACHMENT C
appropriateness shall be accompanied by a
of section 4.15, the appropriate style, size, colors, materials, illumination
site plan that shows the location of all signs
and location of all proposed signs, and any other applicable design
proposed to be erected on the lot or lots
guidelines. Each application for a certificate of appropriateness for one or
subject to the site plan.
more signs shall be accompanied by a site plan or sketch plan that shows
c. Scope of review and authority to impose
the location of all signs proposed to be erected on the lot or lots subject to
conditions. Each application for a certificate
the site plan or sketch plan.
of appropriateness for a sign shall be
reviewed for consistency with the purposes
and requirements of this section 4.15 and
the architectural review board's design
guidelines, and conditions may be imposed
upon the certificate of appropriateness to
assure such consistency, including but not
limited to conditions minimizing window
signs.
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d. Comprehensive sign review. For each
30.6.4.b.2.Signs in a new multi - business complex or shopping center. For
proposed new multi- business complex or
all of the signs in a new multi- business complex or shopping center, where
shopping center, the architectural review
the architectural review board first conducts a comprehensive sign review.
board shall conduct a comprehensive sign
Once a certificate for signs in a new multi- business complex or shopping
review prior to issuing a certificate of
center is issued, the director of planning is authorized to determine whether
appropriateness. The review shall include,
a particular sign satisfies the conditions of the certificate of appropriateness.
but not be limited to, a review and
determination of the appropriate style, size,
colors, materials, illumination and location
of all proposed signs, and any other
provisions of the architectural review
board's design guidelines.
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4.15.15.c. Opaque backgrounds. All internally illuminated box -style and
cabinet -style signs shall have an opaque background.