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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 1 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. 2 3 30.6 ENTRANCE CORRIDOR 30.6.1 Purpose and intent OVERLAY DISTRICT - EC (Added 10- 3-90) 30.6.1 INTENT 4 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. 5 30.6.2 APPLICATION 30.6.2 Boundaries of the district 6 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" ATTACHMENT C 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. 7 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 ATTACHMENT C 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. 8 30.6.3 PERMITTED USES 30.6.3 Permitted uses and applicable standards 9 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: 10 30.6.3.1 BY RIGHT 11 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. ATTACHMENT C uses permitted by right in the underlying districts except as herein otherwise provided. 12 30.6.3.2 BY SPECIAL USE PERMIT 13 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: 14 a. All uses authorized by special use permit a. Uses authorized by special use permit in the underlying zoning in the underlying districts; district. 15 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. 16 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. 17 30.6.4 AREA AND BULK REGULATIONS; MINIMUM YARD AND SETBACK REQUIREMENTS; HEIGHT REGULATIONS; LANDSCAPING AND SCREENING; PRESERVATION OF NATURAL FEATURES 18 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. 19 30.6.4.1 A certificate of appropriateness is 30.6.4 Certificates of Appropriateness required for the following: 20 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. ATTACHMENT C 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. 21 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. 22 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. 23 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. 24 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. 25 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. 26 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. 52 Sec. 4.15.2 Signs - Definitions Sec. 4.15.2 Definitions 53 (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. 54 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 55 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. 56 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: 57 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. 58 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. 59 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. 60 4.15.15.c. Opaque backgrounds. All internally illuminated box -style and cabinet -style signs shall have an opaque background.