HomeMy WebLinkAboutZTA200900009 Legacy Document 2010-05-14 (3)FINAL ACTIONS
Planning Commission Meeting of December 15, 2009
AGENDA ITEM /ACTION
FOLLOW -UP ACTION
1.
Call to Order.
• Meeting was called to order at 6:00 p.m. by Eric Strucko.
PC members present were Mr. Morris, Mr. Loach, Ms.
Porterfield, Ms. Joseph, Mr. Franco, Mr. Edgerton, and
Mr. Strucko. Julia Monteith was present.
• Staff present was Margaret Maliszewski, Eryn Brennan,
Joan McDowell, Wayne Cilimber , and Sharon Taylor.
2.
From the Public: Matters Not Listed for Public Hearing
No action required.
on the Agenda.
• Neil Williamson, with Free Enterprise Forum
commented on the level of detail in staff reports and
the necessity for such detail in all cases. He indicated
his purpose in raising these questions was to
examine the process, staff workload and how the
level of detail required by the Planning Commission
far exceeds the requirements in any ordinance. He
also thanked those Commissioners who will not be
returning in 2010 for their service to the County.
3.
Review of Board of Supervisors Meeting — December 9,
No action required.
2009.
• Mr. Cilimberg provided a review.
4.
Consent Agenda
Clerk:
Approval of minutes: 2 -19 -2008, 9 -23 -2008, 10 -21 -2008,
Finalize minutes for signature
12 -16 -2008, and 11 -17 -2009
APPROVED CONSENT AGENDA, by a vote of 7:0.
5.
Public Hearing Items
Staff:
ZTA- 2009 -00009 Entrance Corridor Process Amendments
Action on ZTA- 2009 -00009 to
Review and Discussion about Changes to Section 30.6
Entrance Corridor Overlay District (ECOD) and related
be forwarded to the Board of
sections to streamline procedural requirements and improve
Supervisors for their February
efficiency and effectiveness in Entrance Corridor (EC) review,
10, 2010 meeting.
and to address recommendations of the Development Review
(Attachment 1 — Draft
Task Force (DRTF) to Amend the Zoning Ordinance.
Ordinance Amendment)
(Margaret Maliszewski)
RECOMMENDED ADOPTION OF ZTA- 2009 - 00009, with the
incorporation of minor nonsubstantive corrections identified by
Ms. Porterfield, by a vote of 7:0. (Attachment 1)
6. SP- 2009 -00017 Hugs and Kisses Day Camp and Hotel for
Doqs
Clerk:
PROPOSED: Special Use Permit for a dog day camp and
Action Letter - SP -2009-
overnight boarding for dogs. Waivers have been requested
00017 will go before Board
from Section 5.1.11(a, b c, d) pertaining to setback, fencing,
of Supervisors on February
noise, other considerations when in proximity to intensive
10, 2010 with a
uses, and soundproof confinement requirements. Tax Map
recommendation for
49, Parcel 6B, Rivanna Magisterial District. (Joan McDowell)
approval. (Attachment 2 —
Conditions of Approval)
• RECOMMENDED APPROVAL OF SP- 2009 - 00017, by a
vote of 7:0, with the conditions recommended by staff, as
Waiver approved to
amended by the Planning Commission
sections 5.11.1(a) and
5.11.1(b). The waiver is not
• APPROVED WAIVERS, by a vote of 7:0, to sections
heard by the Board of
5.11.1(a) and 5.11.1(b) of the Zoning Ordinance. Sections
Supervisors.
5.11.1 (c) and (d) were not applicable and did not require
further actions by the Planning Commission.
7. SP- 2008 -00035 Covesville First Baptist Church
Clerk:
PROPOSED: Special Use Permit to construct new sanctuary
Action Letter - SP -2008-
building, adjacent to existing church building, to contain
00035 will go before Board
fellowship hall, classrooms, and activity spaces on a 3.028
of Supervisors on February
acre parcel. Parking area would be relocated to
10, 2010 with a
accommodate new building. Tax Map 109, Parcel 6E,
recommendation for
Samuel Miller Magisterial District. (Eryn Brennan)
approval. (Attachment 3 —
Conditions of Approval)
• RECOMMENDED APPROVAL, by a vote of 7:0, of SP-
2008 -00035 with the conditions recommended by staff.
Waiver approved to section
32.7.9.7(b) regarding the
• APPROVED WAIVER, by a vote of 7:0, to section
street trees. The waiver
32.7.9.7(b) regarding the street trees.
does not go to the Board of
Supervisors.
SP- 2009 -00022 Daylily Preschool
Clerk:
PROPOSED: Private preschool for a maximum of 10
Action Letter - SP -2009-
children located within existing Mountain Plain Baptist
00022 will go before Board
Church, but not affiliated with Church. Tax Map 57, Parcel
of Supervisors on February
26, White Hall Magisterial District. (Joan McDowell)
10, 2010 with a
recommendation for
APPROVED, by a vote of 7:0, with the conditions
approval. (Attachment 2 —
recommended by staff, as amended.
Conditions of Approval)
10. Old Business:
• Mr. Franco noted that he was now an official member of
the Fiscal Impact Committee.
• None
11. New Business
• None
• The three Commissioners leaving, Ms. Joseph, Mr.
Edgerton and Mr. Strucko were thanked for their
contributions and service to the community and thanked
their fellow Commissioners and staff for their service and
help.
• There will be no Planning Commission meetings on
December 22, December 29 and January 5.
• The Planning Commission will reconvene on January 12,
2010 at 6:00 p.m.
12. Adjourn to January 12, 2010, 6:00 p.m., Auditorium, Second
Floor, County Office Building, 401 McIntire Road,
Charlottesville, Virginia.
The meeting was adjourned at 8:20 p.m.
Attachment 1 - ZTA- 2009 -00009 Entrance Corridor Process Amendments — Draft Ordinance Amendment
12/7/09
Attachment 2 — SP- 2009 -00017 Hugs and Kisses Day Camp and Hotel for Dogs — Conditions of Approval
Attachment 3 - SP- 2008 -00035 Covesville First Baptist Church — Conditions of Approval
Attachment 4 — SP- 2009 -00022 Daylily Preschool — Conditions of Approval
3
Attachment 1 — ZTA- 2009 -00009 Entrance Corridor Process Amendments
ATTACHMENT B
ORDINANCE NO. 09 -18( )
12/7/09 DRAFT
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE
II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE
COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article I, General Provisions, Article II, Basic Regulations, and Article III, District Regulations, of
the Code of the County of Albemarle are amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 4.15.2 Definitions
Sec. 4.15.15 Regulations applicable in the entrance corridor overlay district
Sec. 30.6.8 Appeals
By Amending and Renaming:
Sec. 30.6.1 Purpose and itntent
Sec. 30.6.2 "pplit Boundaries of the district
Sec. 30.6.3 Permitted uses and applicable standards
Sec. 30.6.4 ;
IanldSGapin`r and �,. oo, ing, p, enervation of natural features Certificates of appropriateness
Sec. 30.6.7 Administration Submittal, review and action on application; final review
By Amending, Renumbering and Renaming (old section number first, followed by name, followed
by new section number):
Sec. 30.6.3.1 By right Sec. 30.6.3 (part)
Sec. 30.6.3.2 By special use permit Sec. 30.6.3 (part)
Sec. 30.6.6 ni„n,.,,Werp, ties• exemptions
Development exempt from requirement
to obtain certificate of appropriateness Sec. 30.6.5
Sec. 30.6.6.1 Untitled Sec. 30.6.5 (part)
Sec. 30.6.6.2 Repair and maintenance of structures Sec. 30.6.5 (part)
Sec. 30.6.6.3 Exemptions
By Adding:
Sec. 30.6.6 Submittal, review and action on application; preliminary review
Sec. 30.6.9 Public health or safety considered
By Repealing:
Sec. 30.6.5 Signs
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
Certificate of appropriateness: A decision made by the architectural review board or, on appeal. by the
board of
4
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
establishina specific design criteria consistent with applicable design guidelines for a class of structures.
sites, improvements, or architectural elements. The decision applies to any structure, site, improvement
or architectural element within that class that complies with the specific design criteria.
Nonconforming Structure: The term "nonconforming structure" means a lawful structure existing on the
effective date of the zoning regulations applicable to the district including any overlay district, in which the
structure is located, that does not comply with the minimum applicable bulk, height, setback, floor area or
other structure requirements of that g district. (Amended 6- 14 -00)
Article II. Basic Regulations
Sec. 4.15.2 Definitions
36.11 Opaque background: The term `opaque background" means the portion of the face of a sign tha
lies behind the message portion of the sign, made of a material through which light cannot pass when the
sign is internally illuminated at night.
Sec. 4.15.15 Regulations applicable in the entrance corridor overlay district
In addition to all other regulations set forth in this section 4.15, the following regulations shall apply within
the entrance corridor overlay zoning district:
a. Certificate of appropriateness required. Prior to the erection of a sign that would be visible from
an entrance corridor street, including a sign erected on or visible through a window on a structure, the
owner or lessee of the lot on which the sign will be located shall obtain a certificate of appropriateness for
that sign unless the sign is exempt under section 30.6.5.
b. Authority and procedure for acting upon application for certificate of appropriateness. The
authority and procedure for acting upon an application for a certificate of appropriateness for a sign shall
be as set forth in section 30.6. Of 1h Ghapter, and as felle
5
G—P r-ehepsive sign reWew. Fer each prepe-sed PPIM rp, -It'-h- -q'pp-qq complex er shepping Genter,
the-
Of-
th,&- appropriate style, size, materials, illumination and location of all proposed signs, and any
colors,
other r provisions of the architectural review board's design guidelines.
C. Opaque backgrounds. All internally illuminated box -style and cabinet -style signs shall have an
Q background.
(12- 10 -80; 7 -8 -92, § 4.15.12.8; Ord. 01- 18(3), 5 -9 -01)
State law reference — Va. Code §§ 15.2 -2280, 15.2 -2286.
Article III. District Regulations
Sec. 30.6 Entrance corridor overlay district - EC (Added 10 -3 -90)
Sec. 30.6.1 Purpose and itntent
Thp Pntrppr-.p r-nrridpr overlay district te implement the comprehensive
plan geal of protecting
the GGYnty's natural, scenic and histe-IrmG, architectural and n- -1t, -r;;l rpqn, lrnp,; including preservation ef
natural and scenic resources as the same may serve this purpose; to ensure a quality of development
compatible with these resources through architectural control of development; to stabilize and improve
property values; to protect and enhance the county's attractiveness to tourists and other visitors; to
susta'n and enhance the econom'c benefits accruing to the county from tourism; to support and stimulate
complimentary development appropriate to the prominence afforded properties deemed to be of historic,
arch'tectural or cultural significance, all of the foregoing being deerned to advance and promote the pubk
health, safety and welfare of the ni +i�eno of the ce, in +v and visitors +hero +n
The purpose of this section 30.6 is to implement the enabling authority in Virginia Code § 15.2- 2306(A) by
identifying those arterial streets and highways found to be significant routes of tourist access to the
aunty and to designated historic landmarks, structures or districts within the county or in contiguous
localities, and to require that the erection, reconstruction, alteration or restoration of structures, including
signs, on parcels contiguous to those streets and highways as provided herein, be architecturally
compatible with those historic landmarks or structures.
The comprehensive plan provides that scenic resources contribute to the community's desirability as a
place to live, they enhance and protect property values and contribute to the overall quality of life for the
aunty's residents. The comprehensive plan also acknowledges that scenic resources are important to
visitors as well as the county's residents, and that visitors to the Blue Ridge Mountains and the county's
rural historic structures gather a lastina impression of the county as they travel the county's scenic
roadways. The significant routes of tourist access within the entrance corridor overlay district provide
access to the county and to many of the county's historic landmarks, structures and districts including, bu
not limited to Monticello, the home of Thomas Jefferson which is on the World Heritage List administered
by the United Nations and a National Historic Landmark, Ash Lawn - Highland, the home of James
Monroe. the University of Virginia, whose Rotunda is on the World Heritage List and a National Historic
Landmark, and whose academical village is on the World Heritage List. a National Historic Landmark and
a National Registered Historic District, and the county's eight historic districts on the National Reaister 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
he county's scenic resources because they are essential to the county's character, economic vitality and
quality of life. An objective of this goal is to maintain the visual integrity of the county's roadways by using
design guidelines. The entrance corridor overlay district will ensure that development is compatible with
he county's natural, scenic, historic and architectural resources by providina for review of new
construction along the identified significant routes of tourist access by an architectural review board under
design guidelines promulgated by that board and ratified by the board of supervisors.
Sec. 30.6.2 APPLICATION Boundaries of the district
The entrance corridor overlay diStFiGt 06 GFeated to conserve elements of the county's scenic beauty and to
preserve and preteGt Gerriders: (0) along arterial streets or highways desigRated as SUGh pursuant te Title
33.1 of the Virginia Cede feund by the board of supervisors te be signifiGant reutes of tourist aGGess to the
GGunty; (10) to historiG landmarks as established by the Virginia Landmarks Commission together with an
ether buildings or strUGtUres within the GGunty having an important historiG, arGhiteGtural or GUIt
0 Rterest and any historiG areas within the GOunty as defined by Virginia Code § 15.2 2201 ; or (010) te
a—An entrance corriclor overlay district may be established over any basic zoning district and/or
any other overlay district, and upon the highways and their rights-of-way identifie
subsection (c) (the "EC streets"), regardless of whether such EC streets are otherwise within.
a zoning clist k#
b. ERtraRGe GOrriclor overlay diStriGts are hereby established upon the parGe'S of land Gontiguo
to the EG streets delineated in subseGtion ef either: (i) the full depth of the parGel, as the parGel existed on the original adeption date of
e frOM the edge of the right of way to the greater
pen +inn 30.6; or (01) n 'don +h of fide hundred (500) feet.
c. Subject to subsection (b), entrance corriclor overlay districts are hereby established upon and
along the following highway-&
The entrance corridor overlay district is established upon and comprised of those parcels contiguous to
significant routes of tourist access, regardless of the underlying zoning district or the existence of other
applicable overlay districts, as provided in section 30.6.2(b) follows:
a. Sionificant routes of tourist access. The following arterial streets and highway are found to be
significant routes of tourist access and are hereinafter referred to in section 30.6 as "EC streets ":
1. U.S. Route 250 East (Richmond Roadl.
2. U.S. Route 29 North (Seminole Traill.
3. U.S. Route 29 South (Monacan Traill.
4. Virginia Route 20 South (Monticello Avenue and Scottsville Roam.
5. Virginia Route 631 South (5th Street and Old Lynchburg Roadl from Charlottesville City
limits to Route 708 (Red Hill Roadl and Virginia Route 631 (Rio Road West) from U.S.
Route 29 North (Seminole Traill to Route 743 (Earlvsville Roadl. (Amended 11- 14 -90;
Amended 4- 12 -00)
6. U.S. Route 250 West (Ivy Road and Rockfish Gap Turnpikel.
7. Virginia Route 6 (Irish Roadl.
8. Virginia Route 151 (Critzers Shop Road).
9. Interstate Route 64.
10. Virginia Route 20 North (Stony Point Road).
11. Virginia Route 22 (Louisa Road).
12. Virginia Route 53 (Thomas Jefferson Parkwavl.
13. Virginia Route 231 (Gordonsville Roadl.
14. Virginia Route 240 (Three Notch'd Road).
15. U.S. Route 29 Business (Fontaine Avenue)
16. U.S. Route 29/250 Bypass.
17. Virginia Route 654 (Barracks Roadl. (Added 11- 14 -90)
18. Virginia Route 742 (Avon Street). (Added 11- 14 -90)
19. Virginia Route 649 (Airport Road) from U.S. Route 29 North (Seminole Trail) to Virginia
Route 606 (Dickerson Road). (Added 4- 12 -00)
20. Virginia Route 743 (Hydraulic Road and Earlvsville Road) from U.S. Route 29 North
(Seminole Trail) to Virginia Route 676 (Woodlands Road). (Added 4- 12 -00)
21. Virginia Route 631 (Rio Roadl from U.S. Route 29 North (Seminole Trail) easterly to the
Norfolk Southern Railway tracks. (Added 11 -2 -05)
b. Parcels contiguous to EC streets. Parcels contiguous to EC streets are:
1. Parcels sharing boundary with an EC street on reference date. Each parcel that had a
boundary that was shared at any point with the right -of -way of an EC street on one of the
following applicable reference dates: (i) on October 3. 1990for those parcels sharing a
boundary with an EC street identified in section 30.6.2(a)(1) through (16): (ii) on
November 14. 1990 for those parcels sharing a boundary with an EC street identified in
section 30.6.2(a)(17) and (18): (iii) on April 12. 2000 for those parcels sharina a boundary
with an EC street identified in section 30.6.2(a)(19) and (20): and (iv) on November 2.
2005 for those parcels sharing a boundary with an EC street identified in section
0.6.2(al(21) (hereinafter. "the "applicable reference date"l.
2. Parcels not sharina boundary with an EC street. Each parcel within five hundred (5001
feet of an EC street that did not share at any point a boundary with the right -of -way of an
EC street on the applicable reference date.
C. Extent of overlay district. The overlay district extends across the entire width of each parcel
contiguous to an EC street. The overlay district extends to the depth of each parcel as follows:
1. Parcels sharina boundary with an EC street on reference date. If the parcel shared a
oundary with an EC street on the applicable reference date as provided in section
0.6.2(b)(1). the overlay district extends to the full depth of the parcel.
2. Parcels not sharina boundary with an EC street. If the parcel is within five hundred (5001
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 street.
E3
d. Effect of subseauent chanae to parcel boundaries. The subdivision. boundary line adiustment. or
any other change to the boundaries of a parcel after the applicable reference date shall not
reduce the area subject to this section 30.6 without a zoning map amendment that changes the
boundaries to the entrance corridor overlav district.
(12- 10 -80, § 30.6.2; 11- 14 -90; 9 -9 -92; Ord. 00- 18(4), 4- 12 -00; Ord. 01- 18(3), 5 -9 -01; Ord. 05- 18(9), 11 -2-
05)
Sec. 30.6.3 Permitted uses and applicable standards
Within the EC overlay district:
a. Uses. The followina uses may be permitted within the EC overlay district in accordance with the
applicable requirements of this section 30.6 and the underlying zoning district:
30.6.3.1 By right
1 . BV rlaht. The fOIIG 'Rg uses shall be permitted by right in any F=C overlay district: Uses
permitted by riaht in the underlying zoning district shall be permitted by right in the EC overlay
district, except as otherwise provided in section 30.6.
a. Uses permitted by right shall iRGlude all uses permitted by right On the underlying district&-
except as hereon otherwise provided
See. 30.6.3.2 By spes+al use permit
EaGh of the fGlIGWiRg uses are authorized within the entranGe Gerrider everlay distriGt only by speGial use
f,,
2. By special use permit. The following uses shall be permitted by special use permit in the
gverl�. i ri :
a. ,441 -uUses authorized by special use permit in the underlying zonin districts;,
b. Outdoor storage, display and /or sales serving or associated with a permitted
uses other than a residential, agricultural or forestal use, any portion of which
would be visible from ai4 the EC street to which it is contiguous or from any other
EC street which is located within five hundred (5001 feet; provided that review
shall be limited to the intent of this section determining whether the outdoor
storage, isplay and /or sales is consistent with the applicable design guidelines.
Residential aoriculturaland forestal uses shall he exempt from this
e
provision. (Amended 9 -9 -92)
C. The construction or location of any structure, including any subdivision sign or
sign identifying a planned development as provided in section 4.15.16(1) of the s chapter, upon
the superjacent and subjacent airspace of an EC street that is not required for the purpose of
travel or other public use by the Commonwealth of Virginia or other political jurisdiction owning
such street.
b. Area and bulk and other reaulations. The area and bulk, minimum yard and setback
requirements, and maximum buildina heiaht requirements of the underlying zoning district shall
apply to all uses and structures in the EC overlay-district.
G. Bonus factors. A condition of a certificate of appropriateness that requires improvements or
design features for which a bonus miaht otherwise be permitted under the applicable district
regulations shall not affect the eligibility for the bonus.
d. Grading or land disturbing activity. No grading or other land disturbing activity (including trenching
or tunneling), except as necessary for the construction of tree wells or tree walls, shall occur
61
within the drip line of any trees or wooded areas designated on the site plan to be preserved, nor
intrude upon any other existing features designated in the certificate of appropriateness for
preservation.
e. Method for preservina designated features. An applicant for a development subiect to the
provisions of section 30.6 shall sign a conservation checklist provided by the director of planning
or his or her designee (the "director of planning') specifyina the method for preserving the
designated -features, and the method shall conform to the specifications contained in Standard
and Specification 3.38 at pages III -393 through III -413 of the Virainia Erosion and Sediment
Control Handbook: provided that the architectural review board, or the director of planning, may
require alternative methods of tree protection if greater protection is deemed necessary.
f. Desianatina and protectina preserved features. Areas on a site containina features to be
preserved shall be identified on approved site plans and building plans and shall be clearly and
visibly delineated on the site prior to commencing grading or other land disturbing activity,
including trenching or tunneling. No grading, other land disturbing activity, or movement of heavy
equipment shall occur within the delineated areas. The visible delineation of the boundaries of
he areas to be preserved shall be maintained until a certificate of occupancy is issued by the
county. All features designated for preservation shall be protected during development.
(12- 10 -80, § 30.6.3.2; 9 -9 -92; Ord. 01- 18(3), 5 -9 -01)
Sec. 30.6.4 Are.n -;and- h••Ih regulations; minimum yard and setback requirements; height
7 7
regulations; landsGaping and careening; preservation of natural features
Certificates of appropriateness
Area and bulk regulations, inGluding options for bonus faGtors (eXGept where th f this SeGtion
i s on of improvements or design features for whiGh a -witted)
eservat'on development, minimum yard, and setbaGk and height regulations
S h-;; -h e provided by the underlying diStriGt, eXGept that the fell ms and lorn'tatmons shall
apply to any development or portion thereof whiGh shall be visible from a desigRated EG street.
30.6.4. i A certificate of appropriateness is required for the following:
IT..L��JI:T.'«R,T � � TRdP. 1: �R�IP .r1f1:TTS7LT�Z7P,:1L'tTSlR'L7
ffilm- Will
10
The architectural review board is authorized to issue certificates of appropriateness for any -structure, and
associated improvements, or any portion thereof, that are visible from the EC street to which the parcel is
contiguous, as follows:
a. Development requiring a certificate of appropriateness. The following developments require a
certificate of appropriateness:
1. Buildina permits required. Each structure and /or site improvement for which a building
permit is required, even though it is not a development for which a site plan is required.
unless the structure is exempt under section 30.6.5. No building permit shall be
approved until the certificate of appropriateness is obtained.
2. Site plans required. Each structure and /or site improvement for which a building permit is
required in a development for which a site plan is required, unless the improvement is
exempt under section 30.6.5. No site plan shall be approved until the certificate of
appropriateness is obtained.
b. TvDes of certificates of appropriateness. The architectural review board is authorized to issue the
following types of certificates of appropriateness:
11
1. Specific developments. For specific developments associated with one or more building
e or a single site plan.
2. Signs in a new multi - business complex or shopping center. For all of the signs' a new
multi- business complex or shopping center, where the architectural review board first
conducts a comprehensive sian review. Once a certificate for sians 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
appropriateness.
3. County -wide certificates of appropriateness. County -wide certificates of appropriateness
for specific classes of structures, sites, improvements, or architectural elements. subject
to specific design criteria that each structure, site, improvement or architectural element
within the class must satisfy in order to be subject to the county -wide certificate and
subject to the following:
a. Factors considered in issuing. The board shall consider the following factors in
determining whether to issue a county -wide certificate of appropriateness: the
proposed distance of the structures, sites, improvements, or architectural
elements from an EC street, the proposed location of the structures, sites,
improvements, or architectural elements relative to an EC street and other
buildings and structures, consistency with design or appearance, and the
anticipated limited impacts from the structures, sites, improvements or
architectural elements based on their size or scope.
b. Design criteria. The board may establish appropriate design criteria that
ructure, site, improvement or architectural element must comply with in order to
be subject to a county -wide certificate, including the following: (i) building and
structure height: (2) building and structure size: (3) scale or mass: (4) appropriate
roof forms: (5) appropriate building materials and /or colors: (6) minimum planting
requirements; (7) minimum screenina requirements: (8) the structural and design
details of signs: and (9) other architectural or design features required for
compliance with the architectural design guidelines.
C. Determination of compliance by director of plannina. Once a county -wide
certificate of appropriateness is issued, the director of planning is authorized to
determine whether a particular structure, site, improvement or architectural
element satisfies the specific design criteria of the county -wide certificate of
appropriateness. The director or a member of the architectural review board may
request that the architectural review board, instead of the director, determine
whether a particular structure, site, improvement or architectural element
satisfies the specific design criteria of the county -wide certificate of
appropriateness at an upcomina meeting.
d. Action and appeal. Any person requesting a determination whether a proposed
structure, site, improvement or architectural element satisfies the specific design
criteria of a county -wide certificate of appropriateness shall submit a request to
the director of planning providing the information required by the director. The
procedure for the submittal and action under section 30.6.6(b). (c). (d) and (f)
shall apply.
1. By the director. If the director determines that the proposed structure
site, improvement or architectural element does not satisfy the specific
design criteria of the county -wide certificate of appropriateness, the
director shall send notice to the person reauestina the determination of
his decision. The person requesting the determination may either: (1l
appeal the director's decision to the architectural review board by filina
an appeal with the director within ten (10) days after the date of the
12
director's notice of decision: or (2) file an application and proceed under
sections 30.6.6 and 30.6.7.
2. By the board. If the board determines in its own review or on an appeal
of the director's decision that the proposed structure, site, improvemen
or architectural element does not satisfy the specific design criteria of the
county-wide certificate of appropriateness. the board shall send notice to
he person requesting the determination of its decision. The person
requesting the determination may either: (1) appeal the board's decision
to the board of supervisors under the procedure in section 30.6.8(bl. (cl
and (d): or (2) file an application and proceed under sections 30.6.6 and
30.6.7.
C. Authoritv to assure consistencv with applicable desian auidelines. In determinina whether a
structure or associated improvements are consistent with the applicable design guidelines, the
architectural review board may specify the following, which are in addition to the requirements of
he underlyina zoning district or of section 32, provided that the board may not authorize any
maximum standard to be exceeded, or any minimum standard to not be met:
1. Architectural features. The appearance of any architectural feature including. but not
limited to, its form and style, color, texture and materials.
2. Size and arranaement of structures. The configuration, orientation and other limitations
as to the mass, shape, area, bulk, height and location of structures. In considering the
arrangement and location of structures, the architectural review board may require that the
existing vegetation and natural features be used to screen structures and associated
improvements from one or more EC streets to which the parcel is contiguous as provided in
section 30.6.2(bl.
3. Location and confiauration of parking areas and landscapina. The location and
configuration of parking areas and landscapina and buffering requirements.
4. Landscapina 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 . siz e. 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. Fencina. The location, type and color of all fencing, including safety fencing.
d. Authoritv to impose conditions to assure development is consistent with the applicable desian
guidelines. The architectural review board is authorized to impose reasonable conditions in
oniunction with any approved certificate of appropriateness to assure that the development is
consistent with the applicable design guidelines. The architectural review board also is
authorized to approve plans showing, or identify in a certificate of appropriateness, existing trees.
wooded areas and natural areas to be preserved, the limits of grading or other land disturbing
activity including trenching and tunneling. in order to, among other thinas, protect existing
features, and grade changes requiring tree wells or tree walls.
13
e. Authoritv of zonina administrator to determine compliance with certificate of aaaroariateness.
The zoning administrator is authorized to determine whether a development, including a sign.
satisfies the terms and conditions of the certificate of appropriateness.
f. Effect of certificate of appropriateness. Each structure or associated improvement for which a
certificate of appropriateness was issued shall be established and maintained in accordance with
he terms, conditions and requirements of the certificate. Each site plan and building permit shall
demonstrate that the structures and associated site improvements will satisfy the terms,
conditions and requirements of the certificate.
in add't'on to the special use permit requirement for those signs identified On section 30.6.3.2, signs within
the entrance corridor overlay district shall be subject to the regulations set forth On section 4.15 of this
chapter. Notwithstanding any other provision of this section 30.6, the agent shall be authorized to issue
GertifiGates of appropriateness for eligible signs under 6eGtI0R 4.15.15. For SUGh qualifying signs, the
)f seGtions 30.6.4.30.6.7 and Ke�ii e�ni hnarrd
(Amended 8 92) .
(12- 10 -80, § 30.6.3.2; 7 -8 -92; Ord. 01- 18(3), 5 -9 -01)
30.6.5.1 GENERAL REGULATIONS ATIONS (Repealed 7_8_99)
30-6.5.2 REGULATION €R, HEIGHT, AREA, TYPES OF SIGNS (Repealed 7. -6=92-)
30.6.5.3 (Repealed 7_8_97)
Sec. 30.6.66 Nonnonformities; Exemptions Development exempt from reouirement to obtain
certificate of appropriateness
does net Gonform to the provisions of the EG overlay d'str'Gt shall be subjeGt to seGtion ,
30.6.6.2 REPAIR AND MAINTENANCE OF cTRUCTURES
An owner may repair and ma'nta'n 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
�en+ and purposes nfsree F.tien 30.6. (Amended 6_1X1_00)
40.6.6.4 EXEMPTIONS (Added 5- 18_94)
The prev slens ef ser.tien 30.6.4.1 netwithstanding, nG GertifiGate of appropriateness shall be required for
the following activities:
a following exemptions shall apply to all buildings and structures:
u. �cc pnvnT.m .r- cma�nrr
4-.—Interlor alterations to a building or structure having no effect on exterior appearance of.
the building or s +r ctu re
-P. Gensfiry-Gtion of ramps and other modifiGations to serve the hand'Gapped on aGGGrd with
�see +inn
3. T
The repair and- maintenanne of stn int1 Tres ai ithnr'zerd pursuant to son +inn -20-6.6.2.
(Amen'de'd 6_1X1_00)
4-.—Ma'n and accessory residential, forestal and agricultural buildings where no site
development plan is required for the worksubject to the building permit.
14
5. General maontenance where no substantial change On design or material is proposed.
6. Addot'ons or mod'ficatmons to a building where no substantial change in design or material
is . . e d as determined by the znninn a dministrater
The following development is exempt from the requirements of this section 30.6:
a. Primary and accessory dwelling units if no site plan is required by this chapter.
b. Structures for agricultural or forestal uses if no site plan is required by this chapter.
C. Temporary construction headquarters (section 5.1.18(a), temporary construction yards (section
5.1.18(b)l, and temporary mobile homes (section 5.7).
d. Temporary signs and sandwich board signs.
e. The repair and maintenance of structures and site improvements where there is no substantial
change in design or materials.
f. The repair and maintenance of nonconforming structures or site improvements as authorized by
section 6.3(B).
9. Additions or modifications to structures or site improvements where there is no substantial
change in design or materials.
h. Additions or modifications to structures to the extent necessary to comply with the minimum
requirements of the Americans with Disabilities Act. the Fair Housing Act. or any other similar federal or
ate law providing for the reasonable accommodation of persons with disabilities.
i. Additions or modifications to nonconforming structures as authorized by sections 6.3(Al(31 and
i. Interior alterations to structures where there is no change in the exterior appearance of the
structures.
k. Issuance of permits classified in sections 5 -202. 5 -203. 5 -204 and 5- 208(A) if a building permit
has also been issued and the work authorized by the permit classified in those sections does not
change the external appearance of the structure.
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 countymprovided
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 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
he fee required by section 35 at the time of its filing.
b. Determination of complete application: rejection of incomplete application. An application that
provides the information required by section 30.6.6(a) shall be accepted for review and decision.
The agent shall make a determination as to whether an application is complete within ten (101
days after the submittal deadline.
1. Complete application: date deemed to be officially submitted. The date of the next
application deadline following the submittal of a complete application shall be deemed to
be the date upon which the application was officially submitted.
15
2. Incomplete
application:
notice to applicant. An application omitting
information reauired
by
section 30.6.6(a)
shall be deemed to be incomplete and shall not be accepted. The
sent
shall inform the
applicant in writing of the reasons why
the application was rejected
as
being incomplete.
If the agent does not deliver the notice
within the ten (10) day
period,
the application
shall be accepted for review, provided
that the agent may require
he
applicant to later
provide omitted information within a period
specified by the agent of
not
less than ten (10)
days, and further provided that if the applicant
fails to timely provide
he
omitted information
the agent may deem the application
to be incomplete and reiec
the application as provided
herein.
C. Resubmittal of application oriainallv determined to be incomplete. Within fifteen (15) days after
the date the notice of resection was mailed or delivered by the agent as provided in section
30.6.6(b). the applicant may resubmit the application with all of the information required by
section 30.6.6(a) together with payment of the fee for the reinstatement of review. The date of
he next application deadline following the resubmittal of the application shall be deemed to be
he date upon which the application was officially submitted. If the applicant fails to resubmit the
application within the fifteen (15) day period. the application shall be deemed to be denied and
new application and fee shall be required to submit the new application.
d. Resubmittal of revised application originally determined to be complete. Durina the review
process of a complete application, the director of planning (for county -wide certificates of
appropriateness) or the architectural review board may request further revisions to the application
in order to find that the application is consistent with the applicable design guidelines. or the
applicant may revise the application on its own initiative in the absence of such a request, subject
to the following:
1. Request for revision. The director of Vlanninc or the architectural review board shall
inform the applicant in writina of the requested revisions to the application. The letter
hall 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 plannina of it doing so when that
decision is made.
3. Suspension of decision date. The receipt by the director of planning of a writing from the
applicant stating that it will revise its application shall suspend the sixty (60) day period in
which a decision must be made on the application under subsection 30.6.6(f).
4. Date revised application deemed to be officially resubmitted. The date of the next
app lication deadline following the resubmittal of a revised and complete application shall
be deemed to be the date upon which the application was officially resubmitted.
e. Notice of submitted application. The director of plannina shall send a notice to each member of
he board of supervisors, the commission and the architectural review board that an application
has een officially submitted. The notice shall be sent within five (5) days after the application la
determined to be complete. The notice shall provide the location of the development by stree
address and magisterial district, identify the proposed use(s). state that the application may be
reviewed in the offices of the department of community development, and provide the date of the
architectural review board meeting at which the application will be considered.
16
f. Time for decision. An application shall be acted on within sixty (60) days after the date the
original application was officially submitted or by a later date requested by or agreed to by the
applicant (collectively, the "decision date "l.
Recommendations and decisions. The architectural review board shall review the application for
consistency with the applicable design guidelines, exercising the authority aranted by section
30.6:
1. Recommendation and decision on preliminary review. In makina its recommendations on
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 application for preliminary review. the board
also may make any recommendations it deems appropriate. The board shall send notice
to the applicant of its decision on the preliminary review.
2. Decision as action on final review. The board, in its discretion, may determine that
additional review of the application is not necessary and make a decision on the
application under section 30.6.7(g).
h. Modes of sendino notices. letters and other writinos. Notices. letters and other writinas reauired
by subsections 30.6.6(b). (d). (e) and (a) shall be mailed to the identified recipients by first class
mail, be personally delivered to the applicant, or be sent by email.
i. Application defined. For the purposes of sections 30.6.6 and 30.6.7, the term "application" means
an application for a certificate of appropriateness and a review to determine whether submitted
rawinas satisfy the conditions of a certificate of appropriateness, and any other request by an
applicant for review.
Sec. 30.6.7 Submittal, review and action on application: final review
17
Nothing contained in section 30.6, entrance corridor overlay district - EC, shall be deemed to
compromise, limit, or oth the comm'ss'on exercise of preliminary or final site
development plan revie n section 32.0, site development plan, of this ordinance. it is the
express 'RteRt ef the beard of supervisors that matters related to pub!'G health and safety as may be
defined by the GGMmissien shall prevail over issues ef aesthetiGs as may be defined by the arGh*teGtYral
rev'ew board. Therefore, the GOMmission on Its review ef any preliminary er final site develepment pIaR
qrr-.h*tpr-.t,-rRI rPV*PW heard upon finding that SUGh aGtien weijld better serve the pub!'G health er safety.
Applications for final review under section 30.6 shall be subject to the following,
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 copies of the application and all other information required by the
application form for a final review shall be filed. The application shall be accompanied by the fee
required by section 35 at the time of its filing.
b. Determination of complete application: rejection of incomplete application. An application that
provides the information required by section 30.6.7(a) shall be accepted for review and decision.
The agent shall make a determination as to whether an application is complete within ten (101
days after the submittal deadline.
1. Complete application: date deemed to be officially submitted. The date of the next
a plication deadline followina the submittal of a complete application shall be deemed to
be the date upon which the application was officially submitted.
2. Incomolete application: notice to applicant. An application omittina information reauired
by section 30.6.7(a) shall be deemed to be incomplete and shall not be accepted. The
sent shall inform the applicant in writina of the reasons why the application was rejected
as being incomplete. If the agent does not deliver the notice within the ten (10) day
period. the application shall be accepted for review, provided that the agent may require
the applicant to later provide omitted information within a period specified by the agent of
not less than ten (10) days, and further provided that if the applicant fails to timely provide
the omitted information the agent may deem the application to be incomplete and reject
the application as provided herein.
C. Resubmittal of application oriainallv determined to be incomplete. Within fifteen (15) days after
he date the notice of resection was mailed or delivered by the agent as provided in section
0.6.7(b), the applicant may resubmit the application with all of the information required by
section 30.6.70 together with payment of the fee for the reinstatement of review. The date of
he next application deadline following -the resubmittal of the application shall be deemed to be
the date upon which the application was officially submitted. If the applicant fails to resubmit the
application within the fifteen (15) day period, the application shall be deemed to be denied and a
new application and fee shall be required to submit the new application.
d. Resubmittal of revised application oriainallv determined to be complete. Durina the review
process of a complete application, the director of planning (for county -wide certificates of
appropriateness) or the architectural review board may request further revisions to the application
in order to find that the application is consistent with the applicable design guidelines, or the
applicant may revise the application on its own initiative in the absence of such a request, subiec
to the following_
1. Reauest for revision. The director of plannina or the architectural review board shall
inform the applicant in writing of the requested revisions to the application. The letter
shall inform the applicant that if it chooses to make some or all of the requested revisions,
it shall notify the director of planning within fifteen (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
18
application without further revisions. and reauest that the applicant notifv 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 glannina of it doing so when that
decision is made.
3. Suspension of decision date. The receipt by the director of planning of a writing from the
applicant stating that it will revise its application shall suspend the sixty (60) day period in
which a decision must be made on the application under subsection 30.6.7(8.
4. Date revised application deemed to be officially resubmitted. The date of the next
gglication deadline followina the resubmittal of a revised and complete application shall
be deemed to be the date upon which the application was officially resubmitted.
e. Notice of submitted application. The director of glannina shall send a notice to each member of
he board of supervisors, the commission and the architectural review board that an application
has been officially submitted. The notice shall be sent within five (5) days after the application is
determined to be complete. The notice shall provide the location of the development by street
address and magisterial district, identify the proposed use(s). state that the application may be
reviewed in the offices of the department of community development, and provide the date of the
architectural review board meeting at which the application will be considered.
f. Time for decision. An application shall be acted on within sixty (60) days after the date the
original application was officially submitted or by a later date requested by or agreed to by the
applicant (collectively, the "decision date" ).
1. When application may be deemed approved. If the decision date has passed without the
application being acted upon, the applicant may make a written demand for action that is
delivered to the director of planning. If the board fails to act on the application within
twenty -one (21) days after the receipt of the written demand, the application shall be
deemed to be approved.
2. Notice if application deemed approved. If an ap_"H ation is deemed approved, the agent
hall 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-ex piration of the twenty -one (21) day period in which the architectural review board
had to act.
3. Consent to extend time for decision. The applicant may consent to extend the time for a
decision.
Decisions. The architectural review board shall review the application for consistency with the
applicable design guidelines, exercising the authority granted by section 30.6. In making a
decision on an application for a certificate of appropriateness and other applications for review,
the board shall consider the recommendations of the agent, the statements and information
provided by the applicant, and any other information pertaining to the compliance of the
application with the requirements of this section 30.6.
1. Issue or denv. In makina a decision on an application for a certificate of aoorooriateness
he board may issue the certificate of appropriateness and impose conditions and gran
modifications if it finds that the application is consistent with the applicable design
guidelines, or would be consistent with the applicable design guidelines subject to
conditions of approval or specified modifications. The board shall send notice to the
applicant of its decision on the final review.
19
2. Recommendations. In lieu of issuing or denying -a certificate of appropriateness, the
board may make any recommendations it deems appropriate to the applicant to revise
he application so that it is consistent with the applicable design guidelines before the
board acts to issue or deny the application. If the time for a decision under section
0.6.7(f) would expire before the application could be thereafter considered by the board,
the board must obtain the applicant's consent to extend the time for decision.
h. Period of 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 the period of validity shall be suspended until the
architectural review board acts on the request. The board may grant an extension determined to
be reasonable, taking into consideration the size and phasing of the proposed development and
he 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.
L Resubmittal of similar denied application. An applicant may not submit an application that is
substantially the same as the denied application within one (1) year of the date of denial.
i. Modes of sendina notices, letters and other writings. Notices, letters and other writings required
by subsections 30.6.7(b). (d). (e). (f) and (g) shall be mailed to the identified recipients by first
class mail, be personally delivered to the applicant, or be sent by email.
Sec. 30.6.8 Appeals
The -hn--;;rd- of supervisors reserves unto itself the right to review all deGisions of the arGhiteGtural revie
beard
m-;;d-e in the administration of seGtien 30.6 whiGh, in its diSGretion, it shall deern neGessary to the proper
adminic+ratinn hereof
Any person aggrieved by any decision of the architectural review board in the administration of this
section may dernand a review of the application by the board of supervisors. Such dernand shall be
made by filing a request therefor in writing with the clerk of the board of supervisors with'n ten (In)
calendar days of the date of such decision. The board of supervisors may affirm, reverse or mn-dfify, n.
whole or In part, the decision of the architectural review board. When Considering an appea-l-laertaining, too
a publiG safety faGility, the beard may Issue a GeFtifiGate of appropr*-Rte-Re-.Sq- if it fonds that the far-11 b, q
pub!'G neGeSSity. in Gonsidering an appeal, the beard of supervisors shall give due GOnsideration to the
reGOMmendatiens of the arGhiteGtural revievv beard- together with suGh ether evidenGe as it deems
neGess ry for a proper of the application
Any person or persons J . o i ntly or severally aggrieved by any decision of the board of 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 dec's'on of the board of supervisors pending the outcome of the appeal to the court.
For the purposes of this seGtion, the term "person aggrieved" shall be limited to the appliGant, the
arGhoteGtUr;-;' beard or any member thereof, the GOMmission er any member thereof, the agent, the
zoning administrator, the Geunty exeGYtive, the beard of supervisors or any member thereof.
A decision of the architectural review board on an application fora certificate of appropriateness and
her applications for review, and an application deemed approved under section 30.6.7(f), may be
appealed to the board of supervisors as follows:
a. Persons and entities havina right to appeal. An appeal may be filed by the applicant, any person
aggrieved, the zoning administrator, or the county executive.
20
b. Written appeal required: timina for filing. An appeal shall be in writing and be filed with the clerk
of the board of supervisors within ten (10) days after the date of the architectural review board's decision
under section 30.6.7(f), or within ten (10) days after the date of the required notice if the application is
deemed approved under section 30.6.7(f). The appeal shall state the grounds for the appeal.
C. Consideration of appeal by board of supervisors. The board of supervisors may affirm, reverse,
or modify in whole or in part the issuing, the issuing with conditions or modifications, or the denial
of the certificate of appropriateness. In so doing, the board shall aive due consideration to the
recommendations of the architectural review board together with any other information it deems
necessary for a proper review of the application. When considering an appeal pertaining to a
public safety facility, the board may issue a certificate of appropriateness if it finds that the facility
is a public necessity.
d. Appeal of board of supervisors' decision. The applicant or any person aggrieved may appeal the
final decision of the board of supervisors to the circuit court by filing a petition setting forth the
alleaed illeaality of the action of the board of supervisors. The petition shall be filed within thirty
(30) days after the date the final decision was rendered.
Sec. 30.6.9 Public health or safety considered
Where the public health or safety and any requirement of this section 30.6 or any term or condition of a
certificate of appropriateness conflict, the public health or safety shall prevail. Therefore, nothing in this
section 30.6 shall be deemed to compromise. limit. or otherwise impair the agent or the commission in
their review of a preliminary or final site plan review under section 32, and the agent and the commission
in their review of any preliminary or final site plan may modify, vary or waive any term or condition of a
certificate of appropriateness upon findina that such action would better serve the public health or safety.
The agent may modify, vary or waive any term or condition of a certificate of appropriateness only after
consulting with the buildina official, the county engineer, a representative of the department of fire rescue
or other public official who advises the agent that public health or safety would be at risk if the condition is
not modified, varied or waived.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to as
recorded below, at a regular meeting held on
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
21
Attachment 2 - SP- 2008 -00017 Hugs and Kisses Day Camp and Hotel for Dogs
By a vote of 7:0, the Planning Commission recommended approval of SP- 2009 - 00017, Hugs and Kisses
Day Camp and Hotel for Dogs with the conditions as recommended by staff, as amended.
Based on the findings contained in this staff report, staff recommends approval of SP200900017
Hugs & Kisses Camp and Hotel for Dogs subject to the following conditions:
Development of the use shall be in accord with the conceptual plan titled "SP200900017
Hugs & Kisses Dog Care" prepared by the applicant and submitted on September 21, 2009
(hereafter "Conceptual Plan "), as determined by the Director of Planning and Zoning
Administrator. To be in accord with the Conceptual Plan, the development shall reflect the
following major elements within the development essential to the design of the development:
• Areas noted "where dogs allowed" within fenced areas
• Gate at entrance
• Pond
• Two structures: residence and barn
as shown on the Conceptual Plan. Minor modifications to the Plan which do not conflict with
the elements above may be made to ensure compliance with the Zoning Ordinance.
The maximum number of dogs attending the Hugs & Kisses daytime camp shall be 20 dogs at
any one time (does not include personal pets owned by the applicant).
The maximum number of dogs attending the hotel (overnight) shall be 5 dogs (not including
personal pets owned by the applicant) at any one time.
Dogs boarding overnight shall be kept inside between the hours of 10:00 PM and 6:00 AM,
except for occasional supervised trips outside.
The hours of operation for the Dog Camp (day care) shall not begin earlier than 9 A.M. and
shall end not later than 5 P.M., each day, Monday through Friday.
An on -site sign for the dog care business shall not be permitted.
Transport of the dogs to and from the site shall be by the applicant, except in emergency
situations.
All outdoor lighting shall be only full cut -off fixtures and shielded to reflect light away from all
abutting properties. A lighting plan limiting light levels at all property lines to no greater than
0.3 foot candles shall be submitted to the Zoning Administrator or their designee for approval.
Dogs attending the daytime camp or boarding overnight shall not howl, bark or make other
animal noise that is audible from any other parcel which continues for thirty (30) consecutive
minutes or more with no cessation of the sounds for greater than five (5) minutes during the
thirty (30) consecutive minute period.
Action on Waivers:
By a vote of 7:0, the Planning Commission approved waivers from sections 5.11.1(a) and 5.11.1(b) of the
Zoning Ordinance pertaining to setbacks, fencing, noise, and other considerations.
22
Attachment 3 - SP- 2008 -00035 Covesville First Baptist Church
By a vote of 7:0, the Planning Commission approved SP- 2008 -00035 with the following
conditions, as modified.
Development of the use shall be in conformity with the Conceptual Plan entitled, "First
Baptist Church Covesville: New Sanctuary Building," prepared by Keeney & Co.
Architects, and dated October 9, 2009, (hereinafter, the "Conceptual Plan "), as
determined by the Director of Planning and the Zoning Administrator.
To be in conformity with the Conceptual Plan, development shall reflect the following
major elements within the development essential to the design of the
development:
• limits of disturbance
• building orientation
• building mass and shape,
• location of buildings and structures
• location of parking areas
as shown on the Conceptual Plan.
Minor modifications to the Conceptual Plan which do not conflict with the elements above
may be made to ensure compliance with the Zoning Ordinance.
2. The area of assembly shall be limited to a maximum of a 180 -seat sanctuary.
3. There shall be no day care center or private school on site without approval of a separate
special use permit.
4. Health Department approval shall be obtained prior to site plan approval.
5. All outdoor lighting shall be only full cut -off fixtures and shielded to reflect light away
from all abutting properties. A lighting plan limiting light levels at all property lines to no
greater than 0.3 foot candles shall be submitted to the Zoning Administrator or their
designee for approval prior to site plan approval and the commencement of the special
use.
Action on Waiver:
By a vote of 7:0, the Planning Commission approved a waiver from section 32.7.9.7(b) regarding the
street trees.
23
Attachment 4 — SP- 2009 -00022 Daylily Preschool — Conditions of Approval
By a vote of 7:0, the Planning Commission recommended approval of SP- 2009 -00022 Daylily
Preschool, subject to the following conditions of approval:
1. Development of the use shall be in accord with the conceptual plan titled "Special Use Permit
200900022 Daylily Preschool" prepared by the County of Albemarle, signed by the applicant and
dated December 4, 2009 (hereafter "Conceptual Plan "), as determined by the Director of
Planning and the Zoning Administrator. To be in accord with the Conceptual Plan, development
shall reflect the following major elements within the development essential to the design of the
development:
location of buildings and preschool
location of parking area and entrance to be used for the preschool
relation of buildings and parking to the street
as shown on the plan. Minor modifications to the plan which do not conflict with the elements
above may be made to ensure compliance with the Zoning Ordinance.
2. The maximum enrollment shall not exceed 10 children, without approval of an amendment to this
special use permit.
3. The hours of operation for the preschool shall not begin earlier than 8 A.M. and shall end not later
than 1 P.M. each day, Monday through Friday.
4. The use shall not operate without the required licensure by the Virginia Department of Social
Services, as required by Section 5.1.06 of the Zoning Ordinance.
5. The building shall be accessible for the Albemarle County fire official to allow periodic inspections
of the premises, at his /her discretion
24